This chapter identifies enforcement responsibilities, procedures and actions. Enforcement actions are pursued in order to ensure compliance with the terms and conditions of permit and license approvals, to protect the health, safety and general welfare.
(O2003-12)
A. 
Uses. No use shall be commenced or maintained except in accordance with this title and in conformance with the conditions, mitigation measures, and project description of each required permit, approval, clearance or agreement.
B. 
Structures. No structure shall be erected, remodeled, enlarged, reconstructed or moved, except in conformity with this title and in conformance with the conditions, mitigation measures and project description of each required permit, approval, clearance or agreement.
(O2003-12)
A. 
Conformance with Title. All departments, officials and public employees of the city vested with the duty or authority to issue permits, approvals, clearances, or licenses shall conform to the provisions of this title and shall issue no such permit, approval, clearance, or license for uses, buildings, or any purposes where the same would be in conflict with the provisions of this title. Such permit, approval, clearance, or license, if issued in conflict with the provisions of this title, shall be null and void.
B. 
No Permit or Other Approval When in Violation. Except as otherwise authorized by the City Council, the city shall refuse to issue any permit, approval, or clearance that is sought pursuant to the Napa Municipal Code, including zoning clearance for a building permit, home occupation permit, or business license where the existing or proposed use, building or structure is in violation of this title.
(O2003-12)
No person shall violate or fail to comply with any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title. Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title is unlawful, prohibited and a violation of this title.
(O2003-12)
A. 
Investigation and Determination of Violation. The Community Development Director, Fire Marshal, Chief Building Official, and the Code Enforcement Officer may conduct any investigation necessary to determine whether a person is complying with this title, including the terms, conditions, mitigation measures, project description incorporated into a permit, approval or clearance issued under this title.
B. 
Remedies. If a violation of this title is found to exist, the city may determine the appropriate remedy or remedies, including:
1. 
Issuance of stop order under Section 17.72.060;
2. 
Revocation hearing under Section 17.72.070;
3. 
Community Development Director hearing under Section 17.72.080;
4. 
Recording of a notice of violation, under Section 17.72.090;
5. 
Any remedy identified in Section 1.16.010;
6. 
Any other lawful remedy.
C. 
Remedies Cumulative. The remedies provided for are cumulative and not exclusive.
(O2003-12; O2006 15)
A. 
Stop Order Authority. Whenever the Community Development Director, Fire Marshal, the Chief Building Official or the Code Enforcement Officer determines that a violation of this title exists, each such official is hereby authorized to issue stop orders to prohibit further construction or use of any land, building, or premises which are in violation of this title. The stop order shall be served by posting a copy on the premises, which is the location of the violation or which is the subject of the permit or approval issued by the city. In addition, a copy of such stop order shall be mailed to the owner or owner's authorized agent at the address shown on the current Community Development Department records or on the current records in the office of the Napa County Assessor. Such order shall become effective immediately upon posting.
B. 
No Work While Under Stop Order. After service of a stop order, no person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the Community Development Director, Fire Marshal, Chief Building Official or Code Enforcement Officer to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the person serving the stop order.
C. 
Within 10 days after the posting of a copy of the order on the premises, any person adversely affected by the terms of the stop order may appeal such order to the Planning Commission, which shall hold a hearing and make such decisions as may be appropriate in accordance with Section 17.72.070(D).
(O2003-12; O2006 15)
A. 
Community Development Director Evaluation. If the Community Development Director determines there are grounds for revocation or modification of a "permit" (for the purpose of this section, the term "permit" shall include any zoning clearance, administrative permit, use permit, variance, design review approval, or other discretionary approval authorized by this title (including a use detrimental to the public health, safety or general welfare), the Community Development Director shall schedule a revocation hearing before the Planning Commission.
B. 
Notice and Public Hearing. The city shall give notice in the same manner required for a public hearing to consider approval. If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 days before the hearing. The notice shall describe the property, the alleged violation and the time and place for the hearing. The hearing shall be conducted in the manner generally provided in this title.
C. 
Burden of Proof. When a revocation hearing has been set by the city, the city has the burden of proof to demonstrate that a violation has occurred or that the use is detrimental to the public health, safety or general welfare. If the permittee raises a defense (such as prior nonconforming use), then the permittee has the burden of proving the defense.
D. 
Commission Action. After considering the testimony and evidence presented at the hearing, the Planning Commission shall make a determination, based on the preponderance of evidence, to uphold, dismiss, or modify the action or recommendation taken by the city official. If the Commission finds that a modification to a permit or approval is warranted in order to mitigate impacts of a permit violation, the modification shall include condition(s) to insure that the violation or the detrimental effect will cease and not be repeated. The Planning Commission may revoke or modify a permit upon making one or more of the following findings:
1. 
The permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. 
The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including, but not limited to, the municipal code; or
3. 
The use is being conducted contrary to the public health, safety or welfare.
E. 
Effective Date—Appeals. A decision to revoke a discretionary permit shall be final, unless appealed under Section 17.72.100.
(O2003-12; O2006 15)
A. 
If the Community Development Director has reason to believe a violation of this title exists, the Community Development Director may direct the violator or property owner or both to appear before the Community Development Director to show cause why the city should not proceed with enforcement action. Notice of the possible violation and the time and place of the hearing shall be mailed to the property owner and any other interested person at least 10 calendar days before the hearing. The contents of the notice shall be in substantial conformance with the notice requirements set forth in Section 8.16.060(B).
B. 
At the hearing, the Community Development Director shall consider the testimony of the city staff, the property owner and any other interested person. The Community Development Director may make a finding as to whether or not a violation of this title exists, and may direct the property owner to take one or more courses of action in order to cure the violation. The Community Development Director may, in his or her discretion, refer the matter directly to the Planning Commission.
(O2003-12, O2006 15)
A. 
General. If property in the city exists in violation of this title, and the owner fails or refuses to correct the violation, the city may record a notice of violation against the affected property.
B. 
Procedures. Before recording such a notice, the city shall do all of the following:
1. 
The Community Development Director shall send written notice to the current owner that a violation exists and request that the owner correct the violation within a specific, reasonable period of time. The Community Development Director may, in his or her discretion, send more than one notice and conduct an informal show cause hearing to discuss the violation with the owner.
2. 
If the owner fails or refuses to correct the violation within the time specified, the Community Development Director shall mail to the current owner by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the owners, describing the violation in detail (including relevant code sections), and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place for a Planning Commission hearing at which the owner may present evidence to the Planning Commission why the notice should not be recorded. The hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing.
3. 
The Planning Commission shall hear the matter on the date scheduled. If, after the owner and the city staff have presented evidence, the Commission determines that there is no violation, the Community Development Director shall mail a clearance letter to the current owner. If the owner fails to appear, or the Commission determines that there is a violation, the Commission may, by resolution, direct the Community Development Director to record the notice of violation with the County Recorder.
4. 
The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Sections 1213 and 1215.
5. 
If the owner corrects the violation after the notice has been recorded, and has notified the city in writing and consented to an inspection to confirm the correction, the Community Development Director shall record a release or cancellation of the notice of violation.
(O2003-12, O2006 15)
An appeal of an enforcement decision shall be filed within 10 calendar days of the action taken, in accordance with Chapter 17.70 (Appeals).
(O2006 15)