A.

Unless otherwise provided, any person, firm or corporation violating any provision of this Development Code, shall be guilty of an infraction or misdemeanor as specified in the Town Municipal Code, Section 1.01.200, and each day or portion thereof such violation is in existence shall be a new and separate offense. In addition, when one (1) or more plants or trees are removed in violation of the provisions of this Development Code or any other Town Code or ordinance, the removal of each such separate plant or tree shall be a new and separate offense.

B.

Payment of any penalty herein provided shall not relieve a person, firm or corporation from the responsibility of correcting the condition resulting in the violation.

A.

The provisions of this Development Code shall be enforced by the officers and authorized representatives of the Town Agencies, Departments, and offices charged with the responsibility of administering, implementing, and ensuring compliance with the provisions of this Development Code. Among these are, but are not limited to, the following designated enforcement officers for the provisions of the Town Municipal Code:

1.

Town Manager

2.

Assistant Town Manager

3.

Director of Economic and Community Development

4.

Assistant Director of Community Development

5.

Building Official

6.

Town Engineer

7.

Director of Public Services

8.

Town Attorney

9.

Director of Municipal Services

10.

Code Enforcement Officers

B.

No person shall stop, impede or interfere with any officer, employee, contractor or authorized representative of the Town or with any person who owns or holds any estate of interest in any land which is subject to a review, study or compliance inspection process under the provisions of this Development Code, or with any person to whom such land has been lawfully sold, whenever such officer, employee, contractor or authorized representative of the Town, or person having an interest of estate in such land, or purchaser, is engaged in the work of conducting a review, study or compliance inspection process on any such land in compliance with the provisions of this Development Code or in performing any necessary act preliminary to or incidental to such work as authorized or directed by this Development Code.

C.

Whenever the Town of Apple Valley institutes a judicial action or proceeding to enforce the zone/land use district regulations of the Development Code, an enforcement officer (as designated in subsection 9.26.020.A of this Section) may file a Notice of Pendency of the action or proceeding with the County Recorder. The Notice shall be filed at the time of the commencement of the action or proceeding and, upon recordation of such notice as provided in this subsection, shall have the same effect as a notice recorded pursuant to Section 409 of the Code of Civil Procedure of the State of California.

1.

The County Recorder shall record and index the Notice of Pendency of action or proceeding in the Grantor/Grantee Index.

2.

Any Notice of Pendency of action or proceeding filed pursuant to this subsection may, upon motion of a party to the action or proceeding, be vacated upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of need therefor by an order of a judge of the court in which the action or proceeding is pending. A certified copy of the Order of Vacation may be recorded with the County Recorder and, upon such recordation, the Notice of Pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty or inquiry in any person thereafter dealing with the property described therein. Such an order of vacation shall not be appealable, but the party aggrieved by such order may, within twenty (20) days, allow, but in no event later that sixty (60) days after entry of the order, petition the proper reviewing court to review such order by writ of mandate. No such order of vacation shall be effective, nor shall it be recorded with the County Recorder, until the time within which a petition for the filing of a writ of mandate has expired, pursuant to this subsection.

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of the Development Code is committed, continued or permitted by such person and shall be punishable accordingly.

Whenever in the Development Code any act or omission is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission.

All remedies provided for in this Code shall be cumulative and not exclusive. The conviction and punishment of any person under the terms of this Code shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal of same.

Any court action or proceeding to attack, review, set aside, void or annul any decision relating to the adoption or amendment of the Town General Plan or any specific plan or any decision of matters listed in this Development Code otherwise subject to court review (other than those listed in Sections 65907 and 66499.37 of the State Government Code and Section 21167 of the State Public Resources Code) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any conditions attached thereto, shall not be maintained by any person unless such action or proceeding is commenced and service of summons effected within thirty (30) calendar days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.