Monterey County Municipal Code Ch. 18.00 General Provisions

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Editor's note— Ord. No. 5442, § 2, adopted Dec. 9, 2025, repealed Ch. 18.00, §§ 18.00.010—18.00.060, and enacted a new Ch. 18.00 to read as set out herein. Former Ch. 18.00 pertained to similar subject matter and derived from Ord. No. 5286, § 3, adopted April 18, 2017; Ord. No. 5337, §§ 2, 3, adopted July 28, 2020; and Ord. No. 5389, § 2, adopted Dec. 6, 2022.

It is prohibited to make any use of or to allow any use of a building or structures which are not allowed under this Title. It shall be unlawful for any person, firm or corporation whether as principal agent, employee, landlord, tenant or otherwise to permit, allow or cause the setup, alteration, erection, construction, enlargement, conversion, or maintenance of any building or structure contrary to the provisions of this Title and/or to permit, allow or cause establishment, operation or maintenance of any use of the land, building or premise which is contrary to the provisions of this Title. Any person violating any provision of this Title, including the violation of any condition of a permit or variance, is guilty of a misdemeanor, unless in the discretion of the prosecution, it is charged as an infraction.

(Ord. No. 5442, § 2, 12-9-2025)

It is prohibited for any person, firm or corporation to maintain, permit, or allow a public nuisance to exist upon his or her property, or premises, or for any person occupying or leasing the property or premises of another to maintain, permit or allow a public nuisance to exist thereon, after reasonable notice in writing from an enforcement officer, to remove, discontinue or abate the nuisance has been served on the person, firm or corporation.

(Ord. No. 5442, § 2, 12-9-2025)

Whenever there is cause to suspect a violation of any provision of this Title, or whenever necessary to investigate either an application for granting, extension or modification of any application described in this Title, or an action to revoke or modify a discretionary permit, or whenever necessary to investigate a proposed amendment of this Title, the enforcing officers or their duly authorized representatives may enter any site for the purpose of investigation, provided they shall do so in a reasonable manner. No owner or occupant or agent thereof shall, after reasonable notice and opportunity to comply, refuse to permit such entry. In the course of such inspection, no enclosed building or structure shall be entered without the express permission of the owner or occupant. When necessary and with the prior approval of the District Attorney or County Counsel, the responsible enforcing officer may apply to the Court for an inspection warrant.

(Ord. No. 5442, § 2, 12-9-2025)

A. Notice of violation from responsible enforcing officer. Upon notification by the responsible enforcing officer that a violation exists, no department, commission, or public employee of the County of Monterey that is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements where there is an outstanding violation of this Title involving the property upon which there is a pending application for such permit, license or other entitlement except those necessary to abate the violation of this Title, if such are obtainable.

B. Extent of authority to refuse. The authority to refuse to issue permits, licenses or other entitlement shall apply whether the applicant for the permit was the owner of record at the time of such violation or whether the applicant is either the current owner of record or a vendor of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time of his or her interest in such real property.

C. Written notice to applicant of refusal. Written notice of the refusal to issue shall be mailed to the applicant for the permit, license or entitlement and to the property owner. Such written notice shall include information regarding the specific violation and the action necessary to abate the violation.

D. Right of appeal. If the owner, occupant or his or her authorized agent disagrees with the determination that a violation of this code exists on the property, he or she may apply for a rescission of the notice of refusal by requesting a hearing before the County Hearing Officer pursuant to the provisions of Chapter 1.22 of the Monterey County Code.

E. Rescission of notice of refusal. The responsible enforcing officer shall rescind the notice of refusal when the violation no longer exists and all required work to abate the violation has been completed and approved as determined by the Building Official or County Hearing Officer on appeal.

(Ord. No. 5442, § 2, 12-9-2025)

Permit limits. No building shall be constructed nor shall a permit for the construction of a building be issued on any parcel or lot within the territorial boundaries of the Monterey Peninsula Water Management District, except upon evidence of adequate potable water service, or a current water connection permit from the Monterey Peninsula Water Management District.

(Ord. No. 5442, § 2, 12-9-2025)

A. Entitlements. Prior to the issuance of any building permit pursuant to Title 18 of this Code, the property owner in zoning districts specified in Subsection C of this Section shall execute and record an agrarian easement in a form approved by County Counsel which will preserve and protect agricultural activities as described in Chapter 16.40 of this Code. For the purpose of this Section, an "agrarian easement" is an easement that will allow dust, noise, and odors emanating from lawful agricultural activities on adjoining or proximate real property to burden the property subject to the easement. The requirements of this Section may be waived, or the easement may be released or reconveyed, when the Agricultural Commissioner finds that such requirement is not necessary for the preservation or protection of agricultural activities and such finding is concurred with by the person or decision maker which makes or made the final decision on the entitlement on which the easement may be or was imposed as a condition of approval. This Section shall not apply to legal lots or record which conform to the minimum parcel size requirements of Title 21 of this Code on the effective date of this Chapter.

B. Annexations. The County Administrative Officer shall request the Local Agency Formation Commission to require, as a condition of approval of any annexation of real property into an incorporated city which has not adopted or which does not enforce a similar requirement for agrarian easements, that such annexed territory be subject to an agrarian easement as described in Subsection A of this section, enforceable by the County of Monterey as well as any property owner who may otherwise be protected by such easement.

C. Applicability. The provisions of this Section are applicable throughout the unincorporated areas of the County of Monterey which are specifically classed and zoned as follows:

1. Non-Coastal: Farmlands Zoning District (F), Permanent Grazing Zoning District (PG), Rural Grazing (RG) and Resource Conservation Zoning District (RC).

2. Coastal: Agricultural Preservation (CAP-CZ), Agricultural Conservation (AC-CZ) and Resource Conservation (RC-CZ).

(Ord. No. 5442, § 2, 12-9-2025)