§121.0302 Required Compliance with the Land Development Code

• (a) It is unlawful for any person to maintain or use any premises in violation of any of the provisions of the Land Development Code, without a required permit, contrary to permit conditions except as provided in Sections 126.0112 or 126.0113, or without a required variance.

• (b) It is unlawful for any person to engage in any of the following activities, or cause any of the following activities to occur in a manner contrary to the provisions of the Land Development Code:

  • (1) To erect, place, construct, convert, establish, alter, use, enlarge, repair, move, remove, equip, maintain, improve, occupy, or demolish any structures ;

  • (2) To grade , excavate, clear, fill , grub, build an embankment, construct slopes, or disturb sensitive natural or biological resources on any lot or premises ; or

  • (3) To change density or intensity of the use of land; or

  • (4) To maintain or allow the existence of any condition that creates a public nuisance .

• (c) It is unlawful for any person, whether as owner, architect, contractor, or otherwise to engage in any of the following activities:

  • (1) To install any electrical wiring, device, appliance, or equipment in such a manner that it does not comply with the provisions of the Land Development Code;

Ch. Art. Div. 12 1 3 1

San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2021)

• (2) To maintain an electrical system that was not installed in accordance with the Land Development Code, or that, notwithstanding compliance with the Land Development Code, is maintained in an unsafe condition as determined by the designated Code Enforcement Official;

• (3) To sell, offer for sale, lend, rent, or dispose of by gift or premium any electrical material, device, or appliance designed or intended for attachment directly or indirectly to any electrical system, circuit, or electrical service for light, heat, or power in the City of San Diego, unless the electrical material, device, or appliance complies with the provisions of the Land Development Code; or

• (4) To install or modify any device, structure , or addition that will cause a capacity demand greater than the existing electrical, plumbing, mechanical, or structural system was designed and approved to handle.

• (d) It is unlawful for any person, firm, or corporation to erect, install, alter, repair, relocate, add to, replace, use, or maintain plumbing, heating, ventilating, air conditioning, or refrigeration equipment, or cause the same to be done, contrary to or in violation of any provision of the Land Development Code.

• (e) Maintenance of plumbing, heating, ventilating, air conditioning, or refrigeration equipment that was unlawful at the time it was installed shall constitute a continuing violation of the Land Development Code. Existing plumbing, heating, ventilating, air conditioning, and refrigeration equipment, however, shall be deemed to have conformed with applicable law in effect at the time of installation if the Building Official or designated Code Enforcement Official determines that the existing equipment is currently in good and safe condition and is working properly. The existing equipment may be retained and used in connection with alterations or repairs if it has been determined to be properly maintained in good and safe condition.

• (f) The Building Official may disconnect or cease the operation of gas or electrical services when a structure is not occupied or is unfit or unsafe for occupancy.

• (g) When any structure or premise has been inspected by the Building Official or designated Code Enforcement Official and the new or existing plumbing, heating, ventilating, air conditioning, or refrigeration is found to be defective, hazardous, or in violation of the provisions of the Land Development Code, the Building Official may abate such conditions or structures in accordance with the provisions of Chapter 12, Article 1, Division 4 (Procedures for Abatement of Unsafe, Dangerous, or Substandard Structures).

Ch. Art. Div. 12 1 3 2

San Diego Municipal Code

Chapter 12: Land Development Reviews

(3-2021)

• (h) Any structure that is proposed for relocation that has been damaged, has had portions removed, has been cut into sections, or has been otherwise structurally altered after the pre-relocation examination may be considered a substandard structure or nuisance and may be abated in accordance with the Land Development Code.

• (i) The City may take any appropriate enforcement action to abate a public nuisance , despite the issuance of any permits to maintain, alter, expand, demolish, or reconstruct a structure , or to operate or resume operation of a use.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-28-2005 by O-19444; effective 2-9-2006) (Amended 1-8-2020 by O-21161 N.S.; effective 2-9-2020.)