Modoc County Municipal Code Ch. 18.158 Enforcement

Notwithstanding any other provision in this title, the following shall apply:

A. No person shall use any real property in violation of the regulations of this title, or any approval or conditions thereof pursuant to this title, that are applicable to the property. The erection, placement, construction, alteration, enlargement, conversion, movement, maintenance, establishment, or operation of any building, structure, premise, or use contrary to the provisions of this title is unlawful and a violation of this part. Every violation of any regulatory or prohibitory provision of this title is expressly declared to be a nuisance, both public and private.

B. All facilities and appurtenances required as a condition of any permit or entitlement pursuant to this title shall be maintained in good repair at all times, and the failure to do so shall be deemed to be a public nuisance.

C. All actions, covenants, conditions and restrictions, agreements, or acknowledgments or similar documents required as a condition of approval of any permit or entitlement pursuant to this title may be enforced by the county. Every document required pursuant to this title, or as a condition of an approval or entitlement pursuant to this title, shall be in a form as required by the county, and shall be binding on the signatories, and their heirs, successors and assigns. No such document shall be recorded, rerecorded, modified, assigned, amended or otherwise changed without the express review and consent of the county.

D. The county may, as a condition of the approval or grant of any permit or entitlement pursuant to this title, require that full compliance with all county, state, and federal laws in connection with all existing and proposed uses or activities is first achieved.

(Ord. 236-73 Exh. A(part), 1991)

All county officers, departments, and employees vested with the duty or authority to issue permits, licenses, or other entitlements shall do so subject to the requirements of this title. No permit, license, or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this title. Any permit, license, or other entitlement issued in conflict with any provision of this title is null and void as of the date of issuance or approval.

(Ord. 236-73 Exh. A(part), 1991)

A. The planning director, building official, and other county law enforcement agencies shall enforce the provisions of this title. Any administrative decision of the planning director regarding any interpretation of the provision of this title or any condition of approval imposed pursuant to this title shall be made in writing whenever requested by any person interested in the interpretation. The written interpretation shall be delivered personally or by mail to that person.

B. The director's decision may be appealed to the planning commission within ten days of the date of delivery or mailing of the decision by filing a written appeal with the planning department. The appeal shall specifically set forth the grounds upon which it is based. The commission shall hear the appeal and the appellant shall be given a reasonable opportunity to be heard and to present evidence at the hearing. The commission shall render its decision in writing to the planning director and shall concurrently mail a copy of its decision to the appellant. A public hearing is not required for any appeal heard under this subsection. Pendency of any appeal shall not affect the filing of any legal action or pursuit of any other remedy to enforce the provisions of this division or any condition imposed pursuant to this division.

(Ord. 236-73 Exh. A(part), 1991)

Any person violating or causing a violation of the provisions of this title, or permitting such a violation on land or in a structure owned, rented, or controlled by them, is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. Each day any such violation continues shall constitute a separate offense punishable as provided in this section.

(Ord. 236-73 Exh. A(part), 1991)

A. Every enforcing officer may use administrative processes, such as notices of noncompliance, warning letters, stop orders, or cease and desist orders, in lieu of or prior to enforcing any provision of this Code, if the officer determines that the process may result in compliance with this Code at less expense to the county. The planning commission may, by a resolution of intent to record a notice of violation of this title, after notice and hearing as provided in Section 18.140.060, record a notice of violation of this title in the office of the county recorder.

B. Pursuant to Penal Code Section 19d and the provisions of Section 836.5 and Chapter 5c (commencing with Sections 853.5) of Title 3 of part 2 of the Penal Code, every enforcing officer may cite any person for violation of this Code whenever the officer has reasonable cause to believe that the person has caused, committed, continued, or permitted any violation of this Code.

(Ord. 236-73 Exh. A(part), 1991)

In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries, examinations, and surveys do not interfere with the lawful use of the land by those persons lawfully entitled to the possession thereof (Authority: California Government Code Section 65105.)

(Ord. 236-73 Exh. A(part), 1991)

Whenever a judicial action or proceeding is brought to abate or enjoin any violation of this division, the county may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating, and prosecuting the violation.

(Ord. 236-73 Exh. A(part), 1991)