Santa Clara County Municipal Code Ch. 5.80 Enforcement

This chapter defines the situations considered to be violations of the Zoning Ordinance and describes the County's processes for identifying and addressing such violations.

Any land use permit, license or final subdivision approval issued in conflict with the provisions of any County ordinance or state law or as a result of the fraud or willful misrepresentation by the applicant or applicant's agent shall be invalid.

It shall be considered unlawful and a public nuisance for any of the following to occur contrary to the provisions of the Zoning Ordinance:

A. Construction, modification, moving, or maintenance of a building or structure; or

B. Conducting, operating, allowing or maintaining any land use, building or premises.

The County may, upon discovery of a public nuisance, seek to abate the nuisance pursuant to Chapter III of Division A1 of Title A of the Ordinance Code or any other method allowed by law or equity.

(Ord. No. NS-1100.93, § 1, 6-7-05)

Pursuant to Section 836.5 of the California Penal Code, the County zoning enforcement officers are authorized to enforce the provisions of this ordinance and to issue citations for violation thereof. There shall be no civil liability on the part of, and no cause of action shall arise against, any zoning enforcement officer acting pursuant to this section and within the scope of his or her authority.

(Ord. No. NS-1200.370, § 4, 1-29-19)

Zoning enforcement officers are authorized to make such inspections as may be necessary to enforce County ordinances.

Whenever a zoning enforcement officer has reasonable cause to believe a violation of any County ordinance exists in or on a premises, the investigator shall ask permission of the occupant, or the owner or custodian thereof if the premises are unoccupied, for permission to inspect the premises. If permission is denied, the zoning enforcement officer shall obtain an inspection warrant. Entry shall not be secured by a grant of authority beyond that otherwise allowed by law.

(Ord. No. NS-1200.370, § 5, 1-29-19)

Zoning enforcement officers, acting in good faith and without malice in the discharge of their duties, shall not be personally liable for any damage resulting from any act or omission in the discharge of their duties. Any legal action taken against a zoning enforcement officer because of any act or omission occurring during the course and scope of their enforcement activities shall be defended by legal counsel provided by the County until final termination of such proceedings.

(Ord. No. NS-1200.370, § 6, 1-29-19)

Whenever a zoning enforcement officer has knowledge of a violation of this Zoning Ordinance, he or she may provide a notice of intent to record a notice of zoning violation to the owner of the property upon which the violation is located. Notice shall be provided to the property owner and, if applicable, the permittee by mail at the address shown on the latest assessment roll or at any other address of the owner known to the zoning enforcement officer. The notice shall state that within 30 days of the date of the notice, the property owner or permittee may request a meeting with the zoning enforcement officer to present evidence that a violation does not exist.

If, within 30 days of the date of the notice, the property owner or permittee does not request a meeting and the violation has not been corrected, or if, after considering the evidence presented by the property owner or permittee at the meeting, the zoning enforcement officer determines that a zoning violation in fact exists, the zoning enforcement officer may record a notice of zoning violation affecting the property in the County Recorder's office.

(Ord. No. NS-1200.370, § 7, 1-29-19)

At the request of any affected property owner, and upon full payment of any fee for the recordation of the notice of zoning violation, the zoning enforcement officers shall issue a notice of expungement of zoning violation upon proof to the zoning enforcement officers that the noticed violation has been remedied. The notice of expungement may be recorded by the property owner at his or her expense.

(Ord. No. NS-1200.370, § 8, 1-29-19)

A zoning violation may be remedied by removal of the unpermitted use or by obtaining the appropriate permit(s) to validate the use or structure that is in violation of the Zoning Ordinance and completing all work specified in the permit(s) in compliance with all conditions and requirements associated with the permit(s). Upon application for the permit to remedy the zoning violation, in addition to the usual application fee, there shall be due and payable a land use violation fee, as established by resolution of the Board of Supervisors, to recover associated enforcement costs, including, but not limited to costs of inspection and preparation and recordation of the notice of zoning violation. A notice of expungement of zoning violation shall not be recorded without the full payment of the land use violation fee.

A. Criminal penalties (infraction). Any person, entity, organization, firm or corporation (whether as principal, agent, employee or otherwise) who has violated or is violating any provision of the Zoning Ordinance shall be guilty of an infraction, unless the Office of the District Attorney determines that the violation is more properly charged as a misdemeanor based on the severity of the violation or the violator's previous violation of this Zoning Ordinance or any other law or ordinance related to the use, development or condition of any real property. Except as otherwise provided, a violator shall be guilty of a separate offense for each and every day or portion of a day during which any violation is committed, continued or permitted by such person, and shall be punishable accordingly. Infractions are punishable as provided by Government Code section 25132. Misdemeanors are punishable by imprisonment in the County jail not exceeding one year or by a fine not exceeding $1,000.00 per offense, or by both.

B. Civil remedies. In addition to or in lieu of the criminal penalties assessed pursuant to subsection A, the Office of the County Counsel or Office of the District Attorney may file a civil action against any person, entity, organization, firm or corporation (whether as principal, agent, employee or otherwise) who has violated or is violating any provision of the Zoning Ordinance.

1. In addition to any injunctive or equitable relief that the court in its discretion deems warranted, the civil penalties assessed shall include all of the following:

a. The penalties provided in California Government Code section 25132 to the extent those penalties have not been imposed pursuant to a criminal proceeding;

b. The full amount needed to repair any damages caused by the violations;

c. The full amount needed to make restitution to any agencies, persons or entities for damages sustained or costs incurred, including, but not limited to attorneys' fees, as a result of the violations; and

d. The full amount needed to reimburse the County for any enforcement costs related to the violations.

2. To the extent required by Government Code section 25845, in a nuisance abatement action the prevailing party may recover attorneys' fees; however, an award of attorneys' fees against the County shall not exceed the amount of attorneys' fees incurred by the County in the action.

(Ord. No. NS-1100.93, § 2, 6-7-05; Ord. No. NS-1100.100, § 1, 6-19-07)

Editor's note— Ord. No. NS-1100.93, § 3, adopted June 7, 2005, repealed App. I, § 5.80.110, which pertained to criminal penalties/misdemeanors. See also the Code Comparative Table.