Article 5 — Chapter 17.104

ADMINISTRATION AND ENFORCEMENT

Sections:

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Purpose. Enforcement responsibility. Enforcement duties. Nuisance Defined. Authority to enter property. Violation permit penalty.

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Purpose. This Chapter establishes the responsibilities of various departments, officials, and public employees of the County to enforce the requirements of this Title and establishes uniform procedures the County will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Title. A violation of this title shall be enforced as provided for in Chapter 1.10 of the Tuolumne County Code of Ordinances, or other applicable sections of the code.

Enforcement responsibility. All departments, officials, and public employees of the County vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void. It shall be the duty of the Community Development Director (Director) to enforce the provisions of this Title. They may delegate part or all such responsibility. The Sheriff, Fire, Public Works and other County departments shall render such assistance in the enforcement of this Title as may from time to time be required.

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Enforcement duties.

A. Prior to approval of an application for any entitlement, as provided herein, the Community Development Department shall verify the existence or nonexistence of violations of this code on the property.

B. The Director, Planning Commission, or Board of Supervisors shall not approve discretionary entitlements until violations of this

code have been abated, or abatement is a condition of the entitlement.

C. Upon violation of any applicable provision of this Title or, if granted subject to conditions, upon failure to comply with conditions, or due to a change in conditions occurring after the original grant of permit which change in conditions makes the continuation of said permit incompatible with the general welfare of the surrounding neighborhood, said permit shall be suspended automatically. A public hearing shall be held in accordance with the procedures outlined in Section 17.98.140, Revocation or Modification.

ith conditions, or due to a change in conditions occurring after the original grant of permit which change in conditions makes the continuation of said permit incompatible with the general welfare of the surrounding neighborhood, said permit shall be suspended automatically. A public hearing shall be held in accordance with the procedures outlined in Section 17.98.140, Revocation or Modification.

Nuisance Defined. Public nuisances are as designated in Chapter 17.04, Definitions, of the Tuolumne County Code of Ordinances. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Title, and failure to comply with any of the conditions of a permit granted under this Title is declared to be unlawful and a public nuisance.

Authority to enter property . In the performance of their duties, functions, and responsibilities established in this code, the Director, Community Development Department staff, Planning Commission, Board, and advisory agencies thereto may enter upon any land and make examinations and surveys, provided that the entries, examinations, and surveys do not interfere with the use of the land by the property owners or by those persons lawfully entitled to possession thereof.

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Violation permit penalty. An

applicant for a permit to correct a violation of this Chapter (including violations of CEQA mitigation measures), after service of a notice of violation, or a notice and order, in accordance with Chapter 1.10 of the Tuolumne County Ordinance Code, or for a permit under the same code section on the same parcel within twelve months of the date of the notice of violation or notice and order, shall pay fines as set forth in Chapter 1.10 of the Tuolumne County Code of Ordinances.

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Title 17

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