Sec. 21-69. - Voidability of conveyances.

Any conveyance of contract made contrary to the provisions of this article is voidable to the extent and in the same manner provided in section 66499.32 of the California Government Code

(Ord. No. 1722, pt. 10, § 2: Ord. No. 4436, § 24)

Sec. 21-70. - Enforcement, legal procedures, and penalties.

(a)

Investigation. The director, or any person within the planning and development department authorized by the director, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this chapter. If a violation is determined to exist or to be impending, the director is hereby authorized to

take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this chapter.

(1)

Director Defined. As used in this section, the term "director" refers to the director of the planning and development department and also to any person within the planning and development department who is authorized by the director to act on his or her behalf.

(2)

Cooperation of Other Officials. The director of his or her agents may request, and shall receive, the assistance and cooperation of other officials of the county to assist in the discharge of their duties.

(3)

Right of Entry and Inspection. The director may enter at all reasonable times any building, structure, or premise in the County of Santa Barbara for the purpose of carrying out any act necessary to perform any duty imposed by this chapter. Upon request the director shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.

(4)

Liability. The director or any other person charged with the enforcement of this chapter, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the director, or his or her agents or employees, because of such act or omission, performed in the enforcement of any provision of this chapter, shall be defended by the county counsel of Santa Barbara County.

(b)

Work Stoppage. Where any building construction work is being done contrary to the provisions of this chapter, the director may order the work stopped by giving notice in writing and serving such notice and

order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees, or servants, shall forthwith stop such work until such time as recommencement is authorized by the director.

(c)

Referral for Legal Action. If unable to otherwise enforce the terms of this chapter, the director shall refer the matter to the district attorney and/or county counsel of the County of Santa Barbara for appropriate legal action.

(d)

Legal Actions.

(1)

Civil Actions.

(A)

Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, and any use of any lands, building, or premise established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance.

Any division or attempted division of land for any purpose, including gift, without prior compliance with the requirements of this chapter shall be and is hereby declared to be unlawful and a public nuisance.

Any offer to sell, contract to sell, or finance sale or deed of conveyance made contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance.

(B)

Injunctive Relief. Whenever, in the judgment of the director, any person, firm, or corporation is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter or any rule, regulation, order, or permit issued thereunder, and at the request of the director, the district attorney or county counsel of the county may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the department that such person, firm, or corporation has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.

(C)

Abatement. In the event that any person, firm, or corporation shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the director of the planning and development department may request the county counsel or district attorney to apply to the superior court of this county for an order authorizing the planning and development department to undertake those actions necessary to abate the violations and requiring the violator to pay for the costs of such undertaking.

(2)

Civil Remedies and Penalties.

(A)

Civil Penalties. Any person, whether acting as principal, agent, employee, or otherwise, who willfully violates the provisions of this chapter or any rule, regulation, order, or permit issued thereunder, shall be liable for a civil penalty not to exceed twenty-five thousand dollars for each day that the violation continues to exist.

(B)

Costs and Damages. Any persons, whether as principal, agent, employee, or otherwise, violating any provisions of this chapter or the rules, regulations, orders, or permits issued hereunder, shall be liable to the County of Santa Barbara for the costs incurred and the damages suffered by the county, its agents, and agencies as a direct and proximate result of such violations.

(C)

Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.

(3)

Criminal Actions and Penalties.

(A)

Infractions. Any person, firm, or corporation, whether as a principal, agent, employee, or otherwise, violating any provisions of this chapter, or the rules, regulations, orders, or permits issued thereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punishable by: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; and (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

(B)

Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the district attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this chapter within the twelve month period immediately preceding the commission of the offense or has been convicted of three or more violations of any of the provisions of this chapter within the twenty-four month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor the punishment shall be a fine of not less than five hundred dollars nor more than twenty-five thousand dollars or imprisonment in the county jail for a period not to exceed sixty days or by both such fine and imprisonment, except that where such prior convictions are alleged in the accusatory pleading,

and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by pleas of guilty or nolo contendere or by trial by the court sitting without a jury, the punishment shall be a fine of no less than one thousand dollars nor more than twentyfive thousand dollars or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment.

(C)

Violations. Each and every day during any portion of which any violation of this chapter or the rules, regulations, orders, or permits issued thereunder, is committed, continued or permitted by such person, firm, or corporation shall be deemed a separate and distinct offense.

(e)

Cumulative Remedies and Penalties. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(f)

Violations of Conditions—Penalty. If any portion of a privilege authorized by a modification, coastal development permit, variance, conditional use permit, development plan, parcel map or final map, or other permit approved under this chapter is utilized, the conditions of the modification, coastal development permit, variance, conditional use permit, development plan, parcel map or final map, or other permit approved under this chapter, immediately become effective and must be strictly complied with. The violation of any valid condition imposed by the planning commission, board of supervisors, zoning administrator, or planning and development department in connection with the granting of any modification, coastal development permit, variance, conditional use permit, development permit, parcel map or final map, or other permit taken pursuant to the authority of this chapter, shall constitute a violation and shall be subject to the same penalties as defined in this section.

(Ord. No. 1722, pt. 10, § 4: Ord. 3818 § 2: Ord. No. 4436, § 25)

Division 11. - Voluntary Merger