Article 29

ENFORCEMENT

Sections:

• § 38-218. Permits, Licenses, Certificates, and Approvals. § 38-219. Enforcement Responsibilities. § 38-220. Voidable Conveyances. § 38-221. Revocation of Discretionary Permits. § 38-222. Prosecution of Violations. § 38-223. Residential Property Inspection Program.

All persons empowered by the City Code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this ordinance and grant no permit, certificate, nor approval in conflict with said provisions. Any permit, certificate, or approval granted in conflict with any provision of this ordinance shall be void.

The Community Development Director shall enforce all provisions of this ordinance related to discretionary permits and shall have responsibility for revocation of discretionary permits. The Chief of Inspection Services/ Building Official shall enforce the provisions of this ordinance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the City shall enforce provisions related to their areas of responsibility, when necessary. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this ordinance shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representatives, or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale, or contract to sell; but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than those above enumerated, and upon the grantor, vendor, or person contracting to sell or his assignee, heir, or devisee.

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

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A. Duties of Community Development Director. Upon determination by the Community Development Director that there are reasonable grounds for revocation of a use permit, variance, site plan approval, or other discretionary approval authorized by this ordinance, a revocation hearing shall be set by the appropriate body which took final previous action on the permit. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. Contents of any notice shall be as prescribed by Subsection 38-159(D).

C. Hearing. The person or body conducting the hearing shall hear testimony of City staff, the owner of the use or structure for which the permit was granted, if present, and any other interested person. A public hearing may be continued without additional public notice.

D. Required Findings. The person or body conducting the hearing shall revoke the permit upon making one or more of the following findings:

1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; or

2. That the terms or condition(s) of approval of the permit have been violated or that other laws or regulations have been violated; or

3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months.

E. Decision and Notice. Within 10 working days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.

F. Effective Date; Appeals. A final decision to revoke a discretionary permit shall become final 10 days after the date of the decision.

G. Right Cumulative. The City’s right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law. (Ord. 3424 § 1, 2009)

A. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this ordinance and any use of any land, building, or premise established, conducted, operated, or maintained contrary to the provisions of this ordinance shall be, and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney of the City of Monterey shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoyment thereof in the manner provided by law, and shall take such steps and shall apply to such courts as may have jurisdiction to

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

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grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this ordinance. The remedies provided for herein shall be cumulative and not exclusive.

B. Unless otherwise provided, any person, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and each day or partition thereof that such violation is in effect shall be a new and separate offense. Violators shall be subject to the penalties prescribed by law as set forth in MCC §1-1.06, including prosecution by the City Attorney for abatement, removal and enjoinment of any violation in the manner provided by law.

A. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:

1. Owner shall mean any person, copartnership, association, corporation, fiduciary, or other legal or business entity having legal or equitable title or any interest in any residential property, or any realtor, real estate broker, or agent representing said owner.

2. Buyer shall mean any person, copartnership, association, corporation, fiduciary, or other legal or business entity which intends to sign an agreement or instrument which on its face appears to be legally binding or is intended to be legally binding, subject to specified conditions. Such agreement or instrument shall include, but is not necessarily limited to, a deposit receipt, seller’s instructions, contract of sale, exercise of option to buy, or executed deed when there is no prior written agreement.

3. Residential property shall mean all real property, whether improved or unimproved, which is, or by virtue of the zoning thereon, may be used for residential purposes.

4. Agreement of sale shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner, including a lease with option to buy.

B. Residential Property Inspection Report. Prior to the close of escrow or transfer of title for sale or exchange of any residential real property, the owner of such property shall obtain from the City a residential property report. An inspection of any other type of real property may be requested by the owner thereof, and, if so requested, said report shall be subject to the same terms and conditions as a residential property inspection report, as required hereunder.

C. Contents of Report. Upon application by the owner or his authorized agent, and subject to payment of the fee required, the City shall review pertinent City records, conduct an exterior inspection of the subject property, and deliver to the applicant within two working days a residential property inspection report which shall contain the following information, insofar as the same is available:

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

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1. Street location, address, and parcel number of the subject property.

2. Zone classification and authorized use.

3. Occupancy, as indicated and established by permits of record.

4. Variances, Conditional Use Permits, exceptions, and other pertinent legislative acts of record.

5. Any special restrictions in use or the development which may apply to subject property.

6. Violations of the codes, ordinances, and regulations of the City existing upon the subject property and its improvements which are of record or are revealed in the course of an exterior inspection by City.

Errors or omissions in said report shall not bind or estop the City from abating any dangerous defects on the property by legal action against the seller, buyer, or any subsequent owner. Said report does not address guarantee of the structural stability of any existing building, nor does it relieve the owner, his agent, architect, or builder from designing and building a structurally stable building which meets the requirements of adopted codes and ordinances. Said report shall be valid only as to the specific transaction for which the inspection and review of the records was made by the City, provided, however, that, in the event said transaction is not consummated, the report shall be valid for a period of 180 days on the condition that, if a subsequent transaction is arranged during that period, the property shall again be inspected by City and a supplemental report issued, if necessary, without charge to the owner.

D. Exceptions. This section shall not apply to first sale of a newly-constructed residential property and within six months after final inspection by the City, or to a condominium unit that shares one or more wall with a neighbor’s condominium unit. (Ord 3312; 11/02)

E. Presentation of Report to Buyer. Upon receipt of the residential property inspection report, the seller or his authorized agent shall present said report, or an exact copy of the same, to the buyer prior to transfer of title of such property to said buyer. Buyer shall, upon receipt of such report, execute a receipt of such report upon a form provided by City and said receipt shall be returned either by hand delivery or first class mail to the Building Safety & Inspections Division of the City.

• F. Penalties. Violations shall be an infraction.

G. Sale or Exchange of Residential Property. No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provision of this section, unless such failure is an act or omission which would be a valid ground for recision of such sale or exchange in the absence of this section.