Chapter 17.13 — ENFORCEMENT

Sections:

• 17.13.010 Purpose. 17.13.020 Determination of violation. 17.13.030 Penalty. 17.13.040 Issuance of stop orders. 17.13.050 Administrative enforcement proceedings. 17.13.060 Remedies.

This chapter establishes provisions for enforcement of this code and any conditions of a permit or approval, to promote the city’s planning efforts, and for the protection of the public health, safety, and welfare of the city. This chapter puts all persons on notice of the proceedings and penalties involved if any provision of this code is violated. (Ord. 23-4 § 5 (Exh. A))

The community development director, fire chief, chief building official or other code enforcement official may conduct any investigation necessary to determine whether persons are complying with this title, including the terms, conditions, mitigation measures, or project descriptions incorporated into any permit, approval or clearance issued pursuant to this title. (Ord. 23-4 § 5 (Exh. A))

• A. Declaration of Public Nuisance. The following is unlawful and may be declared a public nuisance:

  1. Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title.

  2. Any building set up, erected, built, or moved, and any use of property contrary to the provisions of this title.

B. Action. When any building or any use of property is contrary to the provisions of this title, the city may immediately commence any action or proceeding for the abatement, removal, and enjoinment thereof pursuant to Chapter 1.12, Enforcement Procedures, or state law.

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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C. Penalty. Any persons, whether as principal, agent, employee or otherwise, violating any of the provisions of this title shall be guilty of an infraction, and upon conviction shall be punishable by a fine not to exceed five hundred dollars ($500.00). Such persons shall be deemed guilty of a separate offense for each and every day, considered to be any time period within a day when a violation of this title is committed, continued, or permitted by such person. (Ord. 23-4 § 5 (Exh. A))

A. Serving of Stop Order. If the community development director, fire chief, chief building official, or other code enforcement official determines that a violation of this title exists, each such official is authorized to issue stop orders to prohibit further construction or use of any land, building, or premises that are in violation of this title. The stop order shall be served by posting a copy on the premises which is the location of the violation or which is the subject of the permit or approval issued by the city. In addition, a copy of such stop order shall be personally served on the owner or responsible person or mailed to the owner or responsible person at the address shown on the current community development department records or on the current records in the office of the Napa County assessor. Such order shall become effective immediately upon posting.

B. Correction of Violation. After service of a stop order, no person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the community development director, fire chief, chief building official, or other code enforcement official to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the person serving the stop order.

C. Appeal of Stop Order. Within ten (10) days after the posting of a copy of the order on the premises, any person adversely affected by the terms of the stop order may appeal such order to the city council, which shall hold a hearing and make such decisions as may be appropriate in accordance with the provisions of Chapter 1.12, Enforcement Procedures.

D. Responsibility of Stop Order Appeal. The property owner and responsible person shall be liable for all processing costs, including attorney fees, incurred by the city in carrying out this section, pursuant to the procedures set forth in Chapter 17.04, Common Procedures. (Ord. 23-4 § 5 (Exh. A))

Whenever the community development director or chief building official determines that a violation of this title exists or where the operation of a use is detrimental to the public health, safety or general welfare, they may refer the matter to the planning commission for a public hearing for the revocation or modification of any permit, approval or clearance, or such determination or enforcement as may be appropriate under the circumstances. The following provisions shall be observed in the conduct of administrative enforcement proceedings:

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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A. Public Notice. Notice of any administrative enforcement hearing shall be given to the public in the same manner as generally provided for public hearings pursuant to Section 17.04.080, Public hearing notice.

• B. Demonstration of Violation.

  1. If an enforcement proceeding has been commenced by the city, the city has the burden of demonstrating that a violation has occurred or that the operation of the use is detrimental to the public health, safety, or general welfare.

  2. Where the party against whom the enforcement proceeding has been directed raises a defense, that party has the burden of proving the defense.

C. Final Decision. If the planning commission determines that there has been a violation of this title or that the use has been conducted in such a way as to be detrimental to the public’s health, safety, or welfare, the planning commission may make any order it deems appropriate under the circumstances, including the revocation or modification of permits or approvals previously issued or the referral of the matter to the city attorney for the initiation of any criminal or civil proceeding that may be deemed appropriate. Any action taken by the planning commission shall set forth the following:

1. The municipal code section, permits, or approvals violated;

2. A statement describing the detrimental effect found upon public health, safety or welfare;

3. The ultimate facts upon which the determination or violation or detrimental effect is based;

4. The action(s) ordered to be taken; and

5. In the event the planning commission chooses to modify a permit or approval, the modifications including any new conditions to be imposed to ensure that violation or the detrimental effect will cease and will not be repeated.

D. Appeal. The acts and determination of the planning commission or designated hearing officer shall be appealable to the city council pursuant to the terms of Chapter 17.12, Procedures for Appeals.

E. Responsibility. The property owner and responsible person shall be liable for all processing costs, including attorney fees, incurred by the city in carrying out this section, pursuant to the procedures set forth in Chapter 17.04, Common Procedures. (Ord. 23-4 § 5 (Exh. A))

All remedies provided for in this chapter shall be cumulative and not exclusive. In addition, the remedies set forth in Chapter 1.12, Enforcement Procedures, are available. (Ord. 23-4 § 5 (Exh. A))

The St. Helena Municipal Code is current through Ordinance 26-4, passed May 12, 2026.

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Title 17 Zoning Code | St. Helena Municipal Code