Title 9 — Land Use›Chapter 1 — GENERAL PROVISIONS
Article 2 — Enforcement, Violations, and Penalties
San Juan Capistrano Zoning Code · 2026-06 edition · ingested 2026-07-06 · San Juan Capistrano
§ 9-1.201. Violations and penalties. ¶
- (a) Violations. Any building or structure set up, erected, built, moved, or maintained or any use of property contrary to the provisions of Chapters 1 through 5 of this title or any condition attached to the granting of any use permit,
conditional use permit, or variance is hereby declared to be unlawful and a public nuisance and shall be punishable as set forth in Chapter 2 of Title 1 of this Municipal Code.
(b) Abatement. The duly constituted authorities of the City shall commence an action or proceeding for the abatement, removal, and enjoinment of such violation in the manner provided by law and shall take such other steps or shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or structure or using any property contrary to the provisions of this Code.
(c) Revocation of permits and variances. The failure of any person to abide by and faithfully comply with the specifically approved development plan and any and all conditions which may be attached to the granting of any use permit, conditional use permit, or variance pursuant to the provisions of Chapters 1 through 5 of this title shall constitute grounds for the revocation of such use permit, conditional use permit, or variance by the City Council. Judicial procedures will be used at the revocation hearing when reviewing potential failures to comply with the project as specifically approved.
(d) Remedies cumulative. All remedies provided for in this section shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, nor prevent the enforced correction or removal thereof.
(e) The Director of Public Works Services or his/her designees are hereby authorized to notify, cite, and take legal action against any person who is in violation of the provisions of this Code. The City Attorney is authorized to institute any legal proceedings to enforce the provisions of this Code.
(Ord. No. 869, § 2, as amended by § 2 Exh. A, Ord. 938, eff. July 3, 2008)