Porterville Municipal Code § 613.02 Enforcement Responsibilities

This article establishes the responsibilities of various departments, officials and public employees of the city to enforce the requirements of this chapter and sets forth the procedures the city will use to identify, abate, remove, and enjoin those uses, structures, buildings, or properties that are deemed to be in violation of this chapter. (Ord. 1801, 12-3-2013)

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 chapter, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this chapter; and any such permit or license issued in conflict with the provisions of this chapter shall be null and void. The following officials, departments, and employees have specific responsibilities as follows:

A. Zoning Administrator:

1. Shall enforce all provisions of this chapter related to issuance of discretionary permits and shall have responsibility for ordering the correction of violations and initiating the revocation of discretionary permits pursuant to section 601.10, "Revocation Or Modification Of Approvals", of this series, and the abatement of nuisances as defined in this article.

2. Shall prior to issuance of building permits, ascertain that plans presented with the building permit application conform to those approved subject to the requirements of this chapter.

3. Shall enforce all provisions of this chapter pertaining to the use, erection, construction, reconstruction, relocation, conversion, alteration, or addition to any building or structure and condition of approval of use permits, variances, nuisance abatements, or other discretionary approvals. The zoning administrator is hereby authorized to cause to be stopped any work or use undertaken without or contrary to approval granted pursuant to this chapter or in violation of any of its other provisions.

B. City Attorney: The city attorney may, at his or her discretion or upon order of the council, immediately commence action or proceedings for the abatement and removal and enjoinment of violations in the manner provided by law, and may take such other steps and may apply to such courts as may have jurisdiction to grant such relief as will abate and remove such use, or building or structure, and may seek to restrain and enjoin any person, firm or corporation from such use of any property, building or structure, or from setting up, erecting, building, maintaining or demolishing any such building or structure contrary to the provisions of this chapter. (Ord. 1801, 12-3-2013)

Any use, event, building or structure that violates any provision of this chapter or any other city, state, or federal regulation, ordinance, or statute shall be deemed a public nuisance. (Ord. 1801, 12-3-2013)

A. Any person, firm, or corporation violating any provision of this chapter is subject to any and all applicable provisions of the municipal code, including, but not limited to, the general penalty provisions specified at section 1-9 of the municipal code.

B. Any person, firm, or corporation violating any of the provisions of this chapter may be subject to the administrative citation procedure pursuant to chapter 2, article XIV of the municipal code. These procedures are in addition to other applicable remedies established in the municipal code.

C. Notwithstanding the applicable fines specified in chapter 2, article XIV of the municipal code, any nuisance associated with a use allowed by a discretionary permit (i.e., conditional use permit, etc.) as set forth in this code, may be subject to an administrative fine as follows:

• 1. First offense: Not more than five hundred dollars ($500.00).
• 2. Second offense: Not more than two thousand five hundred dollars ($2,500.00).
• 3. Third offense: Not more than five thousand dollars ($5,000.00). (Ord. 1801, 12-3-2013)

Upon a finding of nuisance pursuant to this article, and after giving the property owner an opportunity to cure the nuisance (i.e., courtesy notice or notice of violation) and determining that the nuisance still exists, the zoning administrator shall submit the item to the code compliance officer for recourse outlined in the municipal code who may impose any remedy available at law or in equity. (Ord. 1801, 12-3-2013)