Morro Bay Municipal Code Ch. 17.48 Enforcement

This chapter establishes the responsibilities of various departments, officials, and public employees of the city to enforce the requirements of this title and establishes uniform procedures the city will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.

(Ord. No. 662, § 2, 12-13-23)

All departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and shall issue no permit or license 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.

A. It shall be the duty of the director to enforce each and all provision of this title. The chief of police shall render such assistance in the enforcement of this title as may from time to time be required.

(Ord. No. 662, § 2, 12-13-23)

Public nuisances are as designated in Section 8.14.020, Definitions, of the Morro Bay Municipal Code. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance.

(Ord. No. 662, § 2, 12-13-23)

The director or designee shall have the same right of entry as that set out in Section 8.14.060, Right of Entry, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

Following identification of a violation of this title or of a public nuisance, the director shall issue a notice of violation to the property owner and occupant of the subject property. The notice shall specify the exact violation or nuisance that has been identified, a date by which the nuisance must be corrected, provisions regarding re-inspection and any fees that may apply, and the name and contact information of the director or designee. Prior to initiation of nuisance abatement, the property owner shall have the opportunity to cure the violation within the specified time period. The director may authorize additional re-inspections if there is substantial progress in curing the violation, and all re-inspection fees are paid as required by the adopted city fee schedule.

(Ord. No. 662, § 2, 12-13-23)

A. Misdemeanor/Infraction. Any person who violates any provisions of this title shall be deemed guilty of a misdemeanor/infraction and upon conviction thereof, shall be punishable as provided in Title 1, General Provisions, the Morro Bay Municipal Code.

B. Penalty Limits. The imposition of one penalty shall not exclude the violation or permit such violations to continue.

C. Time Requirements. Any person who violates any provision of this title shall be required to correct or remedy such violations within a reasonable period of time.

D. Additional Offenses. When not otherwise specified, the existence of a zoning violation for each and every day after service of reasonable written notice shall be deemed a separate and distinct offense.

(Ord. No. 662, § 2, 12-13-23)

The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the planning commission or city council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:

A. Ordering the cessation of the use in whole or in part;

B. Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing non-conforming uses;

C. Requiring continued compliance with any conditions so imposed;

D. Requiring the user to guarantee that such conditions shall in all respects be complied with; or

E. Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

(Ord. No. 662, § 2, 12-13-23)

Any permit granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

A. Initiation of Proceeding. Revocation proceedings may be initiated by the city council, planning commission, or director.

B. Public Notice, Hearing, and Action. After conducting a duly-noticed public hearing, the planning commission shall act on the proposed revocation.

C. Required Findings. The planning commission may revoke or revise the permit if it makes any of the following findings:

1. The approval was obtained by means of fraud or misrepresentation of a material fact;

2. The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

3. The non-residential use in question has ceased to exist or has been suspended for twelve months or more. No lawful residential use can lapse regardless of length of time of vacancy;

4. There is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or

5. The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

D. Notice of Action. Within seven days of a planning commission action to revoke or revise a permit, the director shall issue a notice of action describing the commission's action, with its findings. The director shall mail notice to the permit holder and to any person who requested the revocation proceeding.

E. Appeal. A decision on a revocation of a permit may be appealed pursuant to Section 17.36.130, Appeals.

(Ord. No. 662, § 2, 12-13-23)

A. If compliance is not had with an order of the director to correct violations of this title within the time specified therein, the director may file a certified statement with the county recorder describing the property and certifying that:

1. The property and/or structure is in violation of this title; and

2. The owner has been so notified. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.

B. Whenever the corrections ordered have been completed, the director shall file a new certified statement with the county recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this title.

(Ord. No. 662, § 2, 12-13-23)

The director may cause a notice to appear in court to an owner or occupant for a violation pursuant to Section 8.14.080, Citations, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

The city may abate nuisances pursuant to the procedures of Section 8.14.090, Nuisance Abatement, of the Morro Bay Municipal Code.

(Ord. No. 662, § 2, 12-13-23)

The city attorney may apply to such court or courts as may have jurisdiction to grant such relief as will abate or correct any violation of this title, or restrain and enjoin any person from continuing a violation of this title.

(Ord. No. 662, § 2, 12-13-23)