Chapter 18.35 — ENFORCEMENT

All employees of the city of Point Arena vested with the duty or authority to issue permits, shall conform to the provision of this title and shall issue no permit, certificate or license for uses, buildings, or purposes in conflict with the provisions of this title; and any such permits, certificates or

licenses issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the city council to enforce the provisions of this title, the general plan, and the local coastal program, pertaining to all development. (Ord. 179 § 7.01, 2001.)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title, shall be subject to a civil penalty not to exceed $1,000. Such person, firm or corporation, shall be deemed to have committed a separate violation for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm, or corporation and shall be penalized as herein provided. The total amount of civil penalty imposed in any single action brought by the city to enforce the provisions of this title shall not exceed the total costs to the city of such enforcement, including but not limited to the following: attorney's fees, filing fees, telephone charges, postage, photocopying costs, facsimile transmission costs, and travel expenses.

In addition to all other available remedies, the city may seek to enforce the provisions of the LCP. Any person who performs or undertakes development in violation of the LCP or inconsistent with any coastal development permit previously issued may, in addition to any other penalties, be civilly liable in accordance with the provisions of Public Resources Code Division 20 Section 30820.

Pursuant to Public Resources Code Section 30811, the Coastal Commission may, after a public hearing, order restoration of a site if it finds that the development has occurred without a coastal development permit from the appropriate authority, the development is inconsistent with the provisions of the Coastal Act, and the development is causing continuing resource damage. Pursuant to Public Resources Code Section 30821.6, any person who intentionally or negligently violates a restoration order may be civilly liable for a penalty for each day in which the violation persists. (Ord. 179 § 7.02, 2001.)

Any earth moving, grading, or any modification of any stream or creek, and any building or structure, including signs and fences, set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title and/or any use of property contrary to the provisions of this title shall be, and the same is hereby declared to be, unlawful and a public nuisance; and the city attorney of said city shall, upon order of the city council, immediately commence action or proceedings for the abatement and take such other steps and shall apply to such courts as may have jurisdiction to 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 any property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 179 § 7.03, 2001.)

Where conflict occurs between the provisions of this title and the building code or other regulations effective within the city, the more restrictive of any such regulations shall apply. It is not intended that this title shall interfere with or abrogate or annul any easements, covenants, or other agreements now in effect, provided, however, that where this title imposes a greater restriction upon the use of

property, buildings or premises than are imposed or required by such agreements, the provisions of this title shall control.

(Ord. 179 § 7.04, 2001.)

Except as specifically herein provided, it is not intended by this title to impair or interfere with any permits previously adopted or issued relating to the erection, construction, establishment, moving, alteration or enlargement of any buildings, structures, fences or signs, or other improvements, when vested rights have been established.

(Ord. 179 § 7.05, 2001.)