San Diego Municipal Code Div. 3 Violations of The Land Development Code And General Remedies

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The purpose of this division is to require compliance with the Land Development Code, to state what activities violate the Land Development Code, and to establish general remedies for these violations. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(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;

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(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).

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(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.)

(a) The issuance or granting of any development permit or construction permit or any plan, specifications, computations, or inspection approval does not constitute a permit for, or an approval of, any violation of any of the provisions of the Land Development Code, including the San Diego Fire Code and the Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, or Existing Building Regulations, or any other ordinance of the City. Development permits, construction permits, or inspections presuming to give authority to violate or cancel the provisions of the Land Development Code, San Diego Fire Code, Building, Electrical, Plumbing, Mechanical, Residential Building, Green Building, Existing Building Regulations, or other ordinances of the City are not valid.

(b) The issuance of a development permit or construction permit based on plans,
specifications, and other data does not prevent the City Manager from
subsequently requiring the correction of errors in the plans, specifications, and
other data or the Building Official from stopping building operations that are
in violation of the Land Development Code or any other applicable law.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)
(Amended 1-18-2018 by O-20897 N.S.; effective 2-17-2018.)

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(a) Issuing a Stop Work Order. Whenever any work is being performed that is contrary to the provisions of the Land Development Code, the City Manager may order the work stopped by issuing a Stop Work Order. The Stop Work Order shall be in writing and shall be served on any person engaged in the work or causing the work to be performed. The person served with the Stop Work Order shall stop the work until authorized by the City Manager to proceed.

(b) City Attorney Review. Where a permit has been issued, the City Attorney
shall approve all Stop Work Orders before issuance except where irreparable
harm is imminent so as to warrant an emergency Stop Work Order. Where
emergency circumstances exist, the order shall be issued according to the
discretion of the City Manager or designated Code Enforcement Official with
immediate subsequent review by the City Attorney.

(c) Appeal of Order. A Stop Work Order may be appealed to the City Manager.
When the alleged violation involves the Building, Electrical, Plumbing, or
Mechanical Regulations, the appeal shall be reviewed by the Building
Official. All other appeals shall be reviewed by the Development Services
Director. The decision maker will provide informal rapid access for
appellants in these matters in order to minimize unnecessary disruption of
construction activities.
(Amended 1-9-2001 by O-18910 N.S.; effective 8-8-2001.)
(Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

Whenever any structure or equipment regulated by the Land Development Code is being used contrary to the provisions of the Land Development Code, the City Manager may order the use discontinued and the structure, or portion thereof, vacated by issuing a Stop Use Order. The Stop Use Order shall be in writing and shall be served on any person engaged in the use to be discontinued. The person served with the Stop Use Order shall discontinue the use within the time stated in the Stop Use Order until authorized by the City Manager to proceed. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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Violations of the Land Development Code shall be treated as strict liability offenses regardless of intent. Violations of the Land Development Code may be prosecuted as misdemeanors subject to the fines and custody as provided in Municipal Code Section 12.0201. The City Manager or designated Code Enforcement Official may also seek criminal or civil injunctive relief and civil penalties in the Superior Court pursuant to Municipal Code Section 12.0202 or pursue any administrative remedy provided in Municipal Code Chapter 1, including administrative abatement, revocation of permits, recordation of notice of violation, and withholding of issuance of City permits. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) In addition to other enforcement remedies provided for in Municipal Code Chapter 1, the City Manager may order the reasonable restoration of a structure, premises, and any adjacent and affected site to its lawful condition or may require reasonable mitigation. These requirements may be attached as conditions to applicable permits or enforcement actions and orders as appropriate.

(b) The City Manager shall order the restoration of grading undertaken without a
permit, unless technically infeasible. The restoration shall be conducted in
accordance with Section 142.0150. No further permits for the premises shall
be processed until the restoration has been completed and specified
performance criteria have been met as required by the City.

(c) Any restoration or mitigation imposed by the City Manager or Building
Official shall be at the sole cost of the responsible person.

(d) Mitigation may be appropriate where the City Manager determines that
restoration of the premises or adjacent site to its pre-existing condition is not
feasible or that irreparable damage has been done to the premises, or
historical resources.

(e) Mitigation may include the purchase or exchange of like-kind real property or
structures of a similar or greater quality and value, or other appropriate
measures.

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(f) The City Manager or Building Official may require a combination of
restoration and mitigation of the structure or premises if warranted by the
circumstances.

(g) The City Manager or Building Official may promulgate additional
administrative guidelines and regulations to implement and clarify the
authority to require restoration and mitigation.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.)

Except as otherwise provided, if the City Manager determines that there has been a violation of the terms, conditions, lawful requirements, or provisions of any development permit, construction permit, or approval issued by the City, the City Manager may, in addition to any other remedies provided in Municipal Code Chapter 1 or in this division, issue a notice of intent to revoke the permit or approval to the permit holder. The notice of intent to revoke shall inform the permit holder of the violation and provide a reasonable time for compliance with the applicable conditions or regulations. If the permit holder fails to correct the violations outlined in the notice of intent to revoke within the specified period of time, the City Manager may schedule a hearing to revoke or modify the permit or approval. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The hearing provisions of Process Three, in addition to the requirements of this section, apply when determining whether to revoke or modify a development permit, a construction permit, or any other approval.

(a) Notice. The City Manager shall mail a notice of the revocation hearing to the
permit holder, the officially recognized community planning group, if any,
that represents the area in which the development is located, and to any
persons who request the notice at least 10 business days before the date of the
revocation hearing. A Notice of Application is not required.

(b) Presentation of Evidence. The City Manager shall present evidence of any
violations at the hearing, and the permit holder shall be provided a reasonable
opportunity to rebut the evidence.

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(c) Findings. The permit or approval may be revoked or modified if the Hearing
Officer finds any of the following:

(1) The permit or approval was obtained by misrepresentation or fraud;

(2) The permit or approval was approved in error;

(3) One or more of the conditions of the permit or approval have not been
satisfied or have been violated;

(4) The use permitted by the permit or approval violates an applicable
statute, ordinance, law, or regulation; or

(5) The use permitted by the permit or approval is detrimental to the
public health, safety, or welfare or constitutes a public nuisance.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)

The Hearing Officer’s decision to revoke or to not revoke a permit may be appealed to the Planning Commission in the following manner:

(a) Persons Who Can Appeal. A revocation decision may be appealed by the
following persons:

(1) The permit holder; or

(2) Any interested person.

(b) Filing an Appeal. An appeal of a revocation decision may be initiated by
filing an application with the City Manager no later than 10 business days
after the date of the Hearing Officer’s decision.

(c) Scheduling Appeal Hearings. Within 30 calendar days after the date on which
an appeal application is filed, the City Manager shall set a hearing before the
Planning Commission and shall mail a notice of the hearing to the appellant,
permit holder, the officially recognized community planning group, if any,
that represents the area in which the development is located, and any
interested persons.

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(d) Power to Act on Appeal. After the conclusion of the public hearing, the
Planning Commission may affirm, reverse, or modify the decision on the
revocation. The decision of the Planning Commission is final.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)
(Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.)

(a) If a permit is revoked, the City shall forward a copy of the declaration of the decision maker revoking the permit to the County Recorder for recordation. Upon recording of the declaration, the permit shall be void.

(b) If the permit is modified, the City shall forward a copy of the permit, as
modified, to the County Recorder for recordation.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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Article 1: General Information on Required Reviews and Enforcement