Chapter 17.78

ENFORCEMENT AND PENALTIES

Sections:

• 17.78.010 Purpose.

• 17.78.020 Complaints regarding violations.

• 17.78.030 Inspection. 17.78.040 Notice of violation. 17.78.050 Misdemeanor. 17.78.060 Injunctive relief. 17.78.070 Abatement proceeding.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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• 17.78.080 Noncompliance with permit conditions.

• 17.78.090 Validity and issuance of permits.

The purpose of this chapter is to establish provisions for enforcement of this title. The steps in the process are outlined as well as the penalties involved. This section puts all persons on notice as to the proceedings and penalties involved if any provision of this chapter is violated. (Ord. 706 § 3 (Exh. A), 2019).

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint with the planning department stating fully the causes and basis thereof. In a timely manner the complaint shall be recorded, investigated, and such action thereon as provided by this chapter taken as deemed appropriate.

After a complaint has been filed, a violation reported or observed, the building official, planning director or code officer may initiate an inspection. (Ord. 706 § 3 (Exh. A), 2019).

The building official, code officer or responsible official may upon the presentation of proper credentials to the occupant or owner enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting such premises, building, or structure to determine if the same is being used in compliance with the provisions of this title. If admission or entry is refused, the code officer, building official or responsible officer may apply to obtain an inspection warrant. (Ord. 706 § 3 (Exh. A), 2019).

If, as a result of an inspection, the code officer, building official, planning director or responsible official determines there is a violation of this chapter, the responsible official shall give a ten-day written notice to the party violating this title. The notice of violation may be served by certified mail, registered mail, or by any method approved for service process, as set forth and described by the code of civil procedure for the service of process. The notice shall specify that the violation set forth shall be corrected within said period. The responsible official may for good cause extend the time for compliance if the cited party has submitted a plan for correcting the noticed deficiencies. (Ord. 706 § 3 (Exh. A), 2019).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

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Any person, firm, or corporation that fails to comply with the notice of violation described in Section 17.78.040 shall be guilty of a misdemeanor and upon conviction thereof be fined not more than five hundred dollars or imprisoned for not more than six months in the county jail, or both. Each day the violation of this chapter continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. (Ord. 706 § 3 (Exh. A), 2019).

The city may seek injunctive relief in superior court to abate any violation of this title. Injunctive relief may be sought at any time, including prior to the issuance of compliance with the notice of violation if, in the opinion of the responsible official, an alleged violation of this title may be injurious to the public health or safety. (Ord. 706 § 3 (Exh. A), 2019).

Any building or structure, set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any use of land, building, or premises conducted, operated, or maintained contrary to the provisions of this chapter or contrary to a permit or variance or the terms and conditions imposed therein shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the district attorney shall commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such buildings, structure or use and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or vehicle or using any property contrary to the provisions of this title. (Ord. 706 § 3 (Exh. A), 2019).

Whenever a complaint has been received or any city official believes that the conditions of a permit, variance, or other entitlement granted under the provisions of this title have been violated, the responsible official shall investigate such allegations. If such a violation, in the opinion of the planning department, has occurred, a notice of violation shall be given in accordance with Section 17.78.040. If correction of the violation does not occur within the specified ten-day period, the responsible official shall notify the planning director. The planning director may, upon receipt of such notice, initiate revocation proceedings in accordance with the provisions of Section 17.52.110. (Ord. 706 § 3 (Exh. A), 2019).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

Page 249 of 295

Title 17 Zoning | Wasco Municipal Code

All departments, officials, and public employees of the city of Wasco and where applicable the county of Kern, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this title and may withhold permits or licenses 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 may be deemed null and void. Further, permits or licenses issued for any use permitted by the provisions of this title, may be withheld on a parcel of land, wherein it is known by the departments, officials, or employees of the city of Wasco that a violation of this title exists. (Ord. 706 § 3 (Exh. A), 2019).