§ 22.122

The provisions of this Chapter are intended to ensure compliance with the requirements of this Development Code and any conditions of land use permit or subdivision approval, to promote the County's planning efforts, and for the protection of the public interest, health, safety, convenience, and welfare.

(Ord. No. 3577, 2012)

It is the duty of the Sheriff and the officers of the County herein or otherwise charged by law with the enforcement of this Development Code to enforce the provisions of this Development Code.

(Ord. No. 3577, 2012)

A.

Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to provisions of this Development Code or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in this Chapter and Title 1, Chapter 1.05 (Nuisance Abatement) of the County Code.

B.

When County officials have reason to believe that a condition exists on a premise or property that violates this Development Code, they may inspect to determine whether the premises or property is in compliance with this Development Code.

C.

Any construction in violation of this Development Code or any condition(s) imposed on a permit may result in the cessation of some or all work through the issuance of an order or notice requiring such construction to cease ("Stop Work Order"). Any violation of this order or notice shall constitute a misdemeanor.

(Ord. No. 3577, 2012)

All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of County or State law. Should a person be found guilty and convicted of a misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the County from pursuing any other available remedy to correct the violation.

(Ord. No. 3577, 2012)

The County may choose to undertake any of the following legal actions to correct and/or abate nuisances and violations of this Development Code:

A.

Civil actions. At the request of the Board, the County Counsel may apply to the Superior Court for injunctive relief to terminate a violation of this Development Code.

B.

Abatement Hearing. Where any person, firm, or corporation fails to remove a violation after being provided an opportunity to correct or end the violation, the Director may pursue an enforcement action as provided in Title 1, Chapter 1.05 (Nuisance Abatement) of the County Code, including penalties of up to $2,500 per violation per day.

C.

Citations. The Director is authorized to enforce the provisions of this Development Code by the issuance of citations (for either misdemeanors or administrative citations).

D.

Payment. The penalties assessed shall be payable to the County of Marin.

E.

Penalties. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

F.

Recordation of Notice of Violation. Where any person, firm or corporation fails to remove a violation after being provided an opportunity to correct or end the violation, the Director may pursue recordation of a Notice of Violation as provided in Title 1, Chapter 1.06 (Recordation of Notice of Violation) of the County Code.

G.

Withholding Permits. When there is an existing violation on a property, building and other construction permits may be withheld at the Director's discretion until such time as the agency confirms that the violation has been remedied.

H.

Remedies Cumulative. The remedies provided by this chapter are cumulative and are in addition to any other remedies available at law or in equity, including withholding the issuance of any building and construction permit.

(Ord. No. 3577, 2012; Ord. No. 3666, § II(exh. A), 2017; Ord. No. 3706, 2019; Ord. No. 3797, § II(exh. A), 2023)

Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves any structure without first obtaining a permit required by this Development Code, shall pay the additional permit processing fees established by the County Fee Ordinance for the correction of the violations, before being granted any permit for any structure or use on the subject site.

(Ord. No. 3577, 2012)

Chapter 22.124 - POST-DISASTER RESPONSE AND RECOVERY