Mountain View Municipal Code Div. 20 Enforcement of Provisions

The following provisions are intended to ensure compliance with the provisions of this chapter and any conditions of approval, to promote the city's planning efforts and for the protection of the public health, safety and welfare of the city.

(Ord. No. 18.13, § 1, 12/10/13.)

The city manager, city attorney and community development director shall be responsible for enforcing the provisions of this chapter and any conditions imposed on development permits granted by the zoning administrator or city council and permitted under this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

The city zoning inspector, building inspectors and code enforcement officers shall have the authority to issue a citation for any violation of this chapter, in compliance with City Code Section 2.88 (Authority of Zoning Inspectors and Building Inspectors to Make Arrests and Issue Citations).

(Ord. No. 18.13, § 1, 12/10/13.)

An applicant/owner may be required to provide adequate security for the faithful performance of any/all conditions of approval imposed on a permit by the zoning administrator. This may include a requirement to post a bond in the amount needed to pay for a required improvement, separate written contract for the operation of an ongoing responsibility, recordation of a deed restriction or other such instruments to pay for or ensure the performance of conditions of approval of a permit issued under this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision(s) of this chapter or any condition imposed on any entitlement, development permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor in accordance with City Code Section 1.7 (Procedure for Enforcement). Any violation of this chapter shall also constitute a public nuisance which may be abated in accordance with the procedures outlined in Chapter 25 of the City Code (Neighborhood Preservation). Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in Section 1.7 (Procedure for Enforcement) and Chapter 25 (Neighborhood Preservation) of the City Code, and/or revocation procedures outlined in Section 36.56.55 (Time Limits, Extensions, Revocations). Any permit, certificate or license issued in conflict with this chapter shall be null and void. Any construction in violation of this chapter or any condition(s) imposed on a permit or license shall be subject to the issuance of a "Stop Work Order." Any violation of a duly issued stop work order shall constitute a misdemeanor.

In addition to remedies specified in Chapters 1 and 25 of the City Code, the city attorney may, or upon order of the city council, shall immediately commence actions or proceedings for the abatement and removal and enjoinment in the manner provided by law of any building, structure or use established or maintained contrary to the provisions of this chapter.

(Ord. No. 18.13, § 1, 12/10/13.)

All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter shall be cumulative and not exclusive of any other applicable provisions of city, county or state law.

(Ord. No. 18.13, § 1, 12/10/13.)

Every property owner or applicant seeking a permit or any other action in compliance with this chapter shall allow the city officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with this chapter is approved, the owner or applicant shall permit appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions imposed by the zoning administrator.

(Ord. No. 18.13, § 1, 12/10/13.)

The city may impose fees on a permittee/licensee to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this chapter as well as those conditions and mitigation measures imposed on an approved permit, entitlement, or license.

(Ord. No. 18.13, § 1, 12/10/13.)