Earlier editions: 2026-09
Title C — CONSTRUCTION, DEVELOPMENT AND LAND USE›Division C13 — LAND PRESERVATION CONTRACTS›Chapter II — OPEN SPACE EASEMENT AGREEMENTS›Article 2 — AGREEMENTS
Santa Clara County Municipal Code Part 4 Agreement Compliance and Enforcement
Santa Clara County Municipal Code · 2026-10 edition · updated 2026-10-04 · Santa Clara County
Cite as: Santa Clara County Municipal Code Part 4 · Text as of 2026-10-04
Sec. C13-44. - Audits and inspections.¶
(a) The County may audit any restricted land for compliance with the agreement, the Open-Space Easement Act of 1974, and other state and local laws, regulations, ordinances and guidelines. Such audits may include reviewing available documentation such as aerial photographs and contacting the landowner or manager to obtain additional information or documentation.
(b) If the County has probable cause to suspect that restricted land is not in compliance, it may contact the landowner to arrange for an inspection of the property by the County's officers, employees, contractors or agents. The County shall give the landowner at least 48 hours' written notice of the inspection date, approximate time, the person(s) who will be participating in the inspection, and the reason for the inspection. When scheduling an inspection, the County will make a reasonable attempt to accommodate the landowner's schedule. Any such inspection shall occur during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.).
(Ord. No. NS-1203.130, § 1, 3-26-24)
Sec. C13-45. - Judicial relief.¶
(a) In addition to any other remedies provided by state law or this chapter, including, but not limited to, Government Code § 51086, if the County determines that an agreement has been or is being violated, the Office of the County Counsel may bring an action on behalf of the County in a court of law for an appropriate remedy.
(b) If a court determines that an agreement was violated, in addition to any other relief granted by the court, the court may order the landowner to reimburse the County for its costs, including, but not limited to, staff time and attorneys' fees, associated with investigating the violation and bringing the enforcement action.
(c) Nothing in this chapter is intended to limit a court's ability to grant any relief or issue any order that it deems appropriate in its discretion, including, but not limited to, specific performance or injunctive or equitable relief.
(Ord. No. NS-1203.130, § 1, 3-26-24)
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