Division 1.02 — Interpretation and Enforcement

Development Code. Any permit, certificate, or license issued in conflict with the provisions of this Development Code shall be null and void.

B. Enforcement Remedies.

1. In exercising its jurisdiction, the City may request permission to enter a property from

the property owner or a tenant. Should access be denied and the conditions indicate a public safety concern, a search warrant may be requested from the appropriate court serving the jurisdiction.

2. The City may serve notice requiring the removal of any structure or use in violation

of this Development Code on the property owner or their authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation.

3. The City may call upon the City Attorney to institute the legal proceedings

necessary to enforce the provisions of this Development Code, and the City Attorney is authorized to institute appropriate actions to that end.

4. All remedies concerning this Development Code shall be cumulative and not

exclusive. The conviction and punishment of any person(s) hereunder shall not relieve the person(s) from the responsibility of correcting prohibited conditions, or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal thereof.

5. Any construction in violation of this Development Code, or any construction in

violation of a condition imposed on a permit, license, or other entitlement, shall be subject to the issuance of a "Stop Work Order” by the City’s Building Official.

C. Violations. Any person or entity violating any provision, or failing to comply with any regulation, of this Development Code, shall be subject to the penalty provisions prescribed in Chapter 2 (Penalty Provisions) of OMC Title 1 (General Provisions), and the citation provisions prescribed in Chapter 5 (Administrative Citations) of OMC Title 1 (General Provisions). Fine amounts shall be as set forth by resolution of the Ontario City Council, which may be amended from time- to-time.

D. Voidable Conveyances. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this Development Code shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or heirs, personal representative, or trustee in insolvency or bankruptcy, within one year after the date of the execution of the deed of conveyance, sale, or contract to sell; however, the deed of conveyance, sale, or contract to sell shall be binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those previously enumerated, and upon the grantor, vendor, or person contracting to sell, or their assignee, heir, or devisee.

E. Enforcement Fees. The City may impose fees to cover all costs incurred by the City for the monitoring and enforcement of the requirements of this Development Code, as well as those conditions and mitigation measures imposed on a permit, license, or other entitlement granted pursuant to this Development Code.

(Rev. 12.01.2020) Page 1.02-4 Ontario Development Code

Chapter 2.0: Administration and Procedures

Division 2.01—Planning Agency Division 2.02—Application Filing and Processing Division 2.03—Public Hearings Division 2.04—Appeals