Mendocino County Municipal Code Ch. 20.736 Enforcement

(A) All departments, officials, and public employees of the County which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Division and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this Division and the Coastal Element of the General Plan.

(B) It shall be the duty of the Planning and Building Services Department and of the officers of the County herein and/or otherwise charged by law with the enforcement of this Division to enforce this Division and all provisions of same.

(C) The Planning and Building Services Department is hereby authorized to issue Stop Work Orders to prohibit further construction or use of structures and property involving violations of this Division. Such Stop Work Orders shall remain in effect until violations are eliminated.

(Ord. No. 3915 (part), adopted 1995.)

(A) Violation of this Division may be an infraction, and may be punishable by fines as specified in Government Code Section 25132, and/or by civil fines as specified in Public Resources Code Section 30820. Such violations may also be redressed by civil action through the Office of the County Counsel and/or the Office of the Attorney General. A separate offense shall be deemed to have occurred for each and every day a violation occurs after the first citation is issued, and for each day a separate violation is noted or upon which a continuing violation persists.

(B) Any violation of provision of this Division may cause to be filed for the record with the Recorder of the County in which the real property is located a notice of such violation and a lien of the estimated permit costs and penalties (such fees shall be further evaluated at the time of restitution). The notice shall specify the names of the record owners and particularly describing the real property, provided that, at least thirty (30) days prior to recording such notice and/or lien the owner of the parcels or units to be affected by the notice of violation, shall be advised in writing of the intention to record the notice specifying the time, date and place at which the owner may present evidence to the Department of Planning and Building Services as to why such notice should not be recorded. The decision of Planning and Building Services may be appealed to the Board of Supervisors.

(C) Any person who demolishes, alters or constructs a building or structure in violation of this Division may be required to restore the building or structure and its site to its appearance prior to the violation. In addition to any other remedy, the County of Mendocino may obtain injunctive relief in any court of competent jurisdiction ordering the cessation or removal of work without the required approval.

(Ord. No. 3915 (part), adopted 1995.)

It shall be unlawful, and prohibited, to violate any term or condition of any permit or approval granted or issued under this Division, including, but not limited to, use permits, variances, coastal development permits, business licenses, use and occupancy permits, and permits granted by the Mendocino Historical Review Board pursuant to the Mendocino Historical Preservation District. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating any such term or condition shall be subject to sanctions provided in Section 20.736.010 of this Division. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every act during any portion of which any violation of such term or condition is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

All remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 3915 (part), adopted 1995.)

Any use of the property or any building set-up, erected, built, moved or maintained contrary to the provisions of this Division shall be and the same is hereby declared to be unlawful and a public nuisance. The office of the County Counsel may or at the direction of the Board of Supervisors shall commence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or enjoin such use and restrain and enjoin any persons, firms or corporation or other entity from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this Division.

(Ord. No. 3915 (part), adopted 1995.)

Where the County has made a final decision on an application for a coastal development permit, and when litigation has subsequently been commenced against the County concerning its decision, the County and plaintiff or petitioner shall promptly forward a copy of the complaint or petition to the Executive Director of the California Coastal Commission. At the request of the County, and with the concurrence of the Coastal Commission, the Executive Director shall request the Attorney General to intervene in such litigation on behalf of the Coastal Commission. The County may also request that the Attorney General assist and/or intervene in such litigation on behalf of the County. Administrative remedies pertaining to coastal development permits are not deemed to have been exhausted unless all appeal procedures provided by the California Coastal Act (Public Resources Code Section 30000 et seq.) and these regulations have been exhausted.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)