Chapter 19.02 — ENFORCEMENT AND PENALTIES

Enforcement of the provisions of this title and any entitlements granted 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 implementation of the general plan, and to protect the public health, safety, and welfare.

(Ord. 2001-02 § 1, 2001.)

(A) The community development director shall be the official responsible for the enforcement of this title. In the discharge of this duty the community development director or designee shall have the right to enter on any site or enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence or without permission of the owner or tenant without the written order of a court of competent jurisdiction.

(B) The community development director may serve notice requiring the removal of any structure or cessation of any use in violation of this title on the owner or their authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The community development director may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate actions to that end. The community development director may call upon the chief of police and authorized agents to assist in the enforcement of this title.

(Ord. 2001-02 § 1, 2001.)

(A) Any person, firm, corporation, or organization violating any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars and by imprisonment for a term not exceeding six months, or by both a fine and imprisonment, or shall be subject to such punishment as provided

elsewhere in the municipal code. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation of this title is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable as herein provided.

(B) Any structure or sign erected, moved, altered, enlarged, or maintained and any use of a site contrary to the provisions of this title shall be and is declared to be unlawful and a public nuisance, and the city attorney shall immediately institute necessary legal proceedings for the abatement, removal, and enforcement thereof in the manner provided by law, shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure, corporation, or organization from erecting, moving, altering, or enlarging the structure or sign or using the site contrary to the provisions of this title.

(C) All remedies provided for herein, and any other portion of the municipal code, shall be cumulative and not exclusive.

(Ord. 2001-02 § 1, 2001.)

(A) The recipient of any permit issued pursuant to this title, or his or her successor, shall be responsible for maintaining all common areas, improvements or facilities required by this title or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. Such responsibility shall be reflected in the project's covenants, conditions and restrictions (CC&Rs), which shall be approved by the city and the California Department of Real Estate and shall be consistent with the conditions of any related entitlement.

(B) By way of illustration, and without limiting the generality of the foregoing, private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

(Ord. 2001-02 § 1, 2001.)