Chapter 24.580

ENFORCEMENT PROCEDURES

Sections:

• 24.580.010 Chapter description.

• 24.580.020 Permits and other approvals.

• 24.580.030 Enforcement.

• 24.580.040 Penalty for violation.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• 24.580.050 Revocations.

24.580.060 Nuisances declared; abatement. 24.580.070 Authority to investigate. 24.580.080 Affordable ownership and rental housing program. 24.580.090 Remedies cumulative.

Chapter 24.580 establishes the enforcement provisions. The intent of this chapter is to further the purposes of this zoning ordinance by providing uniform procedures for its enforcement. (Code 1971, § 15.880.010)

All departments, officials, and employees of the city vested with the duty or authority to issue permits or other approvals or licenses shall exercise such authority in a manner consistent with the purposes of this zoning ordinance, and shall issue no permit or other approval or license for uses, buildings or purposes in conflict with any provision of this zoning ordinance. Any such permit or other approval or license issued in conflict with the provisions of this zoning ordinance shall be null and void and without legal force and effect. (Code 1971, § 15.880.020)

A. Use of land, buildings and structures. It shall be the duty of the director to enforce the provisions of this zoning ordinance pertaining to the uses of land and the erection, construction, reconstruction, moving, conversion, alteration, addition to, or use of, any building or structure thereon.

B. Zoning. It shall be the duty of the director to enforce compliance with the terms and conditions of issuance of any permits and other approvals, including, without limitation, variances, and all provisions of this zoning ordinance pertaining to zoning district regulations.

C. Arrest. The director shall be authorized to arrest persons, pursuant to Penal Code Section 836.5, for purposes of issuing citations for violations of this zoning ordinance.

D. Duties discretionary. Notwithstanding section 24.110.020 or any other provision of this zoning ordinance to the contrary, all duties imposed on the director pursuant to this zoning ordinance are intended to be, and shall be construed to be, discretionary duties and not mandatory or obligatory duties. Such discretionary duties of the director are to be exercised in a manner consistent with the purposes of this zoning ordinance, while taking into account staffing, budgeting, or any other administrative priorities or constraints. (Code 1971, § 15.880.030)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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If any privilege or portion of a privilege authorized by a variance or other permit or approval or other action pursuant to this zoning ordinance is utilized, all conditions of that variance or other permit or approval shall immediately become effective and compliance with any and all such conditions is thereafter required. It shall be unlawful for any person, after utilizing any privilege or portion of a privilege authorized by a variance or other permit or approval under this zoning ordinance, to fail to comply with any valid condition imposed by the city council, planning commission, design review committee, the director, or any other decision-making authority, in connection with the granting of said variance, permit, or other approval or other action taken pursuant to this zoning ordinance. Any such failure to comply with a condition imposed in connection with the granting of any variance or other permit or approval shall constitute a violation of this zoning ordinance. All violations of this zoning ordinance shall be subject to the penalties as provided by sections 1.150.010 et seq. of the San Buenaventura Municipal Code. (Code 1971, § 15.880.040)

Any permit or variance or other approval granted pursuant to this zoning ordinance may be revoked or reevaluated for failure to comply with any of the terms or conditions of its approval or for any of the other grounds for revocation or reevaluation of such permit or variance or other approval as provided by chapter 24.570. (Code 1971, § 15.880.050)

Any violation of any provision of this zoning ordinance is hereby declared to be a public nuisance; and the city attorney of San Buenaventura may, upon order of the city council, or on their own motion, commence action or proceedings for the abatement and removal or enjoinment thereof in the manner prescribed by law, and may take such other steps and may apply to such courts as may have jurisdiction to grant such relief as will abate and remove such structure, site improvement, landscaping, or other development and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such structure, site improvement, landscaping, or other development contrary to the provisions of this zoning ordinance. (Code 1971, § 15.880.060)

In the performance of the director’s duties pursuant to this zoning ordinance, the director, or the director’s designee, may enter upon any land or premises to make investigations, examinations, or surveys, provided that such entry is carried out with either the consent of the occupant of the land or premises or with an inspection warrant. In cases where no inspection warrant has been obtained, the director, or the director’s designee, in the performance of their duties may enter upon property open to the general public or may enter upon property by

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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way of a route normally accessible to visitors, tradespeople, or other persons having legitimate business with the occupant, in order to seek consent to enter and inspect the property. (Code 1971, § 15.880.070)

The city of San Buenaventura has adopted an “Affordable Ownership and Rental Housing Program” to assist in providing housing within the city for persons of low and moderate income.

1. Where rental property is subject to the City of San Buenaventura Affordable Rental Housing Program, any person who rents any such property or who collects rent with respect to any such property in an amount in excess of that permitted under the city’s affordable rental housing program shall be guilty of a misdemeanor. In addition, any such person shall be subject to payment of a civil penalty to the city of San Buenaventura in an amount three times that of any and all excess sums collected or received.

2. Where real property is subject to the City of San Buenaventura Affordable Ownership Housing Program, and is thus required to be sold for no more than an amount permitted pursuant to said program and subject to specific terms and conditions as specified in said program:

• a. It shall be a misdemeanor for any person to sell any such property for more than the amount permitted pursuant to the affordable ownership housing program. In addition, any such person shall be subject to payment of a civil penalty to the City of San Buenaventura in an amount three times that of any amount received or obtained in excess of the amount permitted pursuant to said affordable ownership housing program.

• b. It shall be a misdemeanor for any person to sell or rent any such property other than in conformance with the terms and conditions of said affordable ownership housing program.

3. Any person who makes a material misrepresentation of fact in connection with an application to participate in either the affordable rental housing program or the affordable ownership housing program shall be guilty of a misdemeanor. In addition, any such person shall be subject to the payment of a civil penalty to the City of San Buenaventura in an amount three times that of any profit or gain realized from any transaction consummated as a result of such a material misrepresentation of fact.

4. The remedies or penalties provided in this section shall be and are independent of, and cumulative to, each other and to any other remedies or penalties that may be provided by law. (Code 1971, § 15.880.080)

The penalties and remedies set forth in this chapter shall be cumulative and not exclusive. (Code 1971, § 15.880.090)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

Disclaimer: The city clerk’s office has the official version of the San Buenaventura Coastal Zoning Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofventura.ca.gov

Hosted by General Code.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.