Enforcement of the provisions of this Zoning Ordinance and any
entitlements and subdivision maps approved by the City shall be diligently
pursued in order to provide for their effective administration, to
ensure compliance with any conditions of approval, to promote the
City’s planning efforts and for the protection of the public
health, safety, and welfare of the City.
(Prior code § 159.46.010)
A.
The Community Development Department shall be responsible for enforcing the conditions and standards imposed on all permits granted by the City and permitted under this Zoning Ordinance. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this Zoning Ordinance, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapters 8.16, 9.16 and 9.20 of the municipal code, and/or revocation procedures contained in the following chapters of this Zoning Ordinance:
B.
Any
permit, certificate, or license issued subsequent to the effective
date of and in conflict with this Zoning Ordinance shall be null and
void.
(Prior code § 159.46.020)
No person shall sell, lease, or finance any parcel or parcels
of real property or commence construction of any building for sale,
lease or financing for which a final subdivision map is required by
this Zoning Ordinance, until the final map has been filed for recordation
with the office of the County Recorder, pursuant to Map Act Sections
66410 et seq. and 66499.30, and in full compliance with the City municipal
code.
(Prior code § 159.46.030)
A.
Any
and all remedies concerning this Zoning Ordinance shall be cumulative
and not exclusive. The conviction and punishment of any person hereunder
shall not relieve such person from the responsibility of correcting
prohibited conditions or removing prohibited structures, signs, or
improvements, and shall not prevent the enforced correction or removal
thereof.
B.
Construction
in violation of this Zoning Ordinance, or any condition(s) imposed
on a permit or license shall be subject to the issuance of a “stop
work order.”
C.
1.
Deeds
of conveyance, sale or contracts to sell real property which have
been divided, or which have resulted from a division, in violation
of the provisions of Map Act Section 66410 et seq. and the City municipal
code, is voidable at the sole option of the grantee or successors,
pursuant to Map Act Section 66499.32.
2.
This
section does not bar any legal, equitable or summary remedy to which
the City, public agency or any person, firm or corporation may otherwise
be entitled, pursuant to Map Act Section 66499.33.
D.
The
City shall not issue any permit or grant any approval necessary to
develop any real property which has been divided, or which has resulted
from a division, in violation of the provisions of Map Act Section
66410 et seq. and the City municipal code, if it finds that the development
of the real property is contrary to the public health or safety, pursuant
to Map Act Section 66499.34.
(Prior code § 159.46.040)
Whenever the City has knowledge that real property has been
divided in violation of the provisions of Map Act Section 66410 et
seq. and the municipal code, it shall send, by certified mail to the
then current owner(s) of record of the property, a notice of intention
to record a notice of violation, describing the real property in detail,
naming the owner(s) thereof, and stating that an opportunity will
be given to the owner(s) to present evidence, pursuant to Map Act
Section 66499.36.
(Prior code § 159.46.050)
A.
Persons, partnerships, organizations, firms or corporations, whether as principals, agents, employees or otherwise, violating any provision(s) of this Zoning Ordinance or any condition imposed on an entitlement, Development Permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of an infraction or a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapters 8.16, 9.16 and 9.20 of the municipal code, in addition to any other civil or administrative remedies provided by law.
B.
Violation
of Map Act Section 66410 et seq. by a person who is the subdivider
or an owner of record, at the time of the violation, of property involved
in the violation, shall be punishable by imprisonment in the County
Jail not exceeding 1 year, or in the State prison, by a fine not exceeding
$10,000, or by both that fine and imprisonment. Every violation of
Map Act Section 66410 et seq. is a misdemeanor, pursuant to Map Act
Section 66499.31.
(Prior code § 159.46.060)
The City may impose fees on applicants to cover the full costs
incurred by the City for the monitoring and enforcement of the requirements
of the Zoning Ordinance as well as those conditions and mitigation
measures imposed on an approved permit or license.
(Prior code § 159.46.070)
