Chapter 17.650 — ENFORCEMENT

This Chapter provides procedures intended to ensure compliance with the requirements of this Title and the conditions of land use permit approval.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Public Nuisance. Any use, structure, or property altered, enlarged, erected, established, maintained, moved or operated contrary to the provisions of this Title, or any condition of approval, is hereby declared to be unlawful and a public nuisance, and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

B. Stop Work Order. Construction in violation of this Title, or any condition imposed through this Title, shall be subject to the issuance of a Stop Work Order. A violation of a Stop Work Order shall constitute a misdemeanor. C. Penalty. Any violation of this Title, or failure to comply with any of its provisions, shall be deemed to be a misdemeanor, and punishable as such, notwithstanding the fact that, at the discretion of the City Attorney, violation of any section of this Title may be prosecuted as an infraction. Each day a violation of any provision of this Title continues shall be a new and separate violation.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

All remedies contained in this Title, for handling violations or enforcement of its provisions, are not mutually exclusive of any other applicable provisions of City, County, State, or Federal law, and do not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

Every owner and applicant seeking an approval, or any other action through this Title, shall allow authorized City officials, or their designees, reasonable access to any premises or property that is the subject of the approval or other action. Once approval or other action has been granted in compliance with this Title, the owner or applicant shall allow authorized City officials, or their designees, access to the premises, where there is reasonable cause to believe the premises or property is not in compliance with the approval or other action. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

The procedures for the recovery of administrative costs and expenses incurred by the City for the enforcement of this Title, or any condition imposed through this Title, in cases where no permits are required to correct a violation, shall be followed as set forth in § 9.04.140 (Code Enforcement Fees) of the CCMC. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Title, or any condition imposed through this Title, shall pay the additional permit processing fees established by the City Council Fee Resolution for the correction of the violation, before being granted a permit for a use or structure on the site. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)