Article 15 — Enforcement

All departments, officials, employees and agents of the City vested with the duty or authority to issue permits, regulatory licenses or other approvals shall conform to the provisions of this Chapter and shall not issue a permit, regulatory license or other approval for uses, buildings or purposes in conflict with the provisions of this Chapter. Any permit, regulatory license or other approval issued in conflict with the provisions of this Chapter shall be null and void.

The Community Development Director is authorized and directed to enforce all provisions of this chapter. The Community Development Director may enter upon any property at any reasonable time to inspect the property in the performance of duties pursuant to this chapter upon presenting credentials to the owner or occupant and obtaining such person's consent. If such consent is refused or the owner or occupant is not present at the property, the Community Development Director and his or her designees may enter the property in any manner permitted by law, including, without limitation, obtaining an inspection warrant pursuant to Section 1822.50 of the Code of Civil Procedure or, in situations which reasonably appear to present an immediate threat to public health or safety, without a warrant. (§4, Ord. 2239, eff. 7/5/24)

Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor or an infraction. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in section 1-

2.01 of this Code. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six (6) months, or by a fine not exceeding One Thousand Dollars ($1,000) or by both such fine and imprisonment. Each and every day any violation of any provision of this Chapter continues shall constitute a separate offense.

Every violation of this Chapter is a public nuisance which may be abated pursuant to the procedures set forth in Chapter 6 of Title 1 of this Code or by any other procedure authorized by law.

The City Attorney is authorized to bring a civil action to enjoin any violation of this Chapter.

Any permit or variance granted pursuant to this chapter may be revoked in accordance with Section 10-2.4.412 as a result of any violation of this provisions of this chapter relating to such permit or variance. (§29, Ord. 2134, eff. 11/20/14)

The remedies provided by this Article shall be cumulative and not exclusive.

Conditions imposed on conditional use permits, minor use permits, temporary activity permits, variances, P-D permits, H-P-D permits, and amendments pursuant to the provisions of this article, which are not fully satisfied by the property owner, thereby requiring City enforcement action, constitute a property owner-imposed burden on City staff time. Accordingly, in the event that the property owner fails to comply fully with any such condition, the property owner shall be required to pay to the City actual costs incurred in taking appropriate enforcement action. Actual costs shall be determined in accordance with applicable provisions of the resolution of fees and charges.

In interpreting and applying the provisions of this Chapter, the provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except as specifically provided, this Chapter is not intended to impair or interfere with any vested property rights. In the event the provisions of this Chapter conflict with any provisions of the Building Code for the City of Walnut Creek, the more restrictive of such provisions shall apply.

Section 1094.6 of the Code of Civil Procedure shall be applicable to the City and to any administrative decision made by the City, its planning agency, officials, employees and agents, including, but not limited to, any decision or determination relating to a conditional use permit, minor use permit, temporary activity permit, variance or the interpretation, application or enforcement of this Chapter.

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