McFarland Municipal Code Ch. 17.164 Enforcement and Penalty

Footnotes:

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Editor's note— Ord. No. 066-2017, § 1, adopted May 27, 2017, renumbered Chapter 17.160 as Chapter 17.164.

A. All departments, officials and public employees of the city vested with the duty or authority to issue permits, certificates or licenses shall comply with the provisions of this title and shall issue no permit, certificate or licenses for uses, buildings or purposes in conflict with the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

B. Any building or structure erected, moved, altered, enlarged or maintained, or any use of property, contrary to the provisions of this title, shall be, and the same is, declared to be a public nuisance, and the city attorney shall immediately commence actions and proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to any court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this title.

C. This title may also be enforced by injunction issued out of the Superior Court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions of this title.

(Ord. 109 § 37.00, 1969)

(Ord. No. 066-2017, § 1, 5-25-17)

The building inspector shall be the official responsible for the enforcement of this title. In the event the building inspector is unable for any reason to act in this capacity, the city council shall appoint someone to act in his stead. In the discharge of this duty the building inspector shall have the right to enter on any site or 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 of the owner or tenant without the written order of a court of competent jurisdiction. The building inspector may serve notice requiring the removal of any structure in violation of this title on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The building inspector 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 building inspector may call upon the chief of police and his authorized agents to assist in the enforcement of this title.

(Ord. 109 § 37.01, 1969)

(Ord. No. 066-2017, § 1, 5-25-17)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title shall be deemed guilty of a misdemeanor, and punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. Each day that violation of this title continues shall be considered a separate offense.

(Ord. 109 § 37.02, 1969)

(Ord. No. 066-2017, § 1, 5-25-17)