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Blue Lake City Zoning Code

CHAPTER 17

32 ENFORCEMENT, INTERPRETATION, SEVERABILITY, REPEAL

§ 17.32.010 Responsibility for Enforcement.

All departments, officials and public employees of the City of Blue Lake vested with the duty or authority to issue permits, shall conform to the provisions of this title and shall issue no permit, certificate, or license for uses, buildings, or purposes in conflict with the provisions of this title; and any such permits, certificate, or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the Director of Public Works and the City Planner, or their deputies, of the City of Blue Lake to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.

§ 17.32.020 Duties of Officers and Employees.

It shall be the duty of all officers and employees of this City to report violations of this title to the Director of Public Works. Any employee knowingly withholding such information shall be subject to appropriate disciplinary action by the City Council.

§ 17.32.030 Duty of the City Attorney.

The City Attorney of the City shall upon order of the City Council immediately commence action or proceedings for the abatement, removal, or enjoinment of any person(s) for violation of this title in the manner provided by law. The City Attorney shall take such other steps, and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such building or structures; will restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building or structure, or using property contrary to the provisions of this title.

§ 17.32.040 Penalties and Procedures.

Any person, firm or corporation, whether as principal, agent, employees or otherwise, violating any provisions of this title shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail of the County of Humboldt for a term of not exceeding five months, or both. Such person, firm or corporation, shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and/or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of this title and/or any use of any land, or contrary to a use permit or variance, or the terms and conditions imposed therewith, shall be and the same is hereby declared to be unlawful and a public nuisance. The remedies provided herein shall be cumulative and not exclusive.

§ 17.32.050 Interpretation.

In interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by this title to impair or interfere with any permits previously adopted or issued relating to the erection, construction, establishment, moving, alteration, or enlargement of any buildings or improvements; nor is it intended by this title to interfere with, abrogate or annul any easement, covenant, or other agreement between parties; provided that in cases in which this title imposes a greater restriction or enlargement of buildings or the use of any such building or premises in the several districts or any of them, than is imposed or required by existing provision of law or ordinance or by such rules, regulations or permits, or by such easements, covenants, or agreements, then in such case the provisions of this title shall control. In case the provisions of this title conflict with any provisions of the Uniform Building Code, the most restrictive of such provisions shall apply.

§ 17.32.060 Violation a Misdemeanor.

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be guilty of a misdemeanor.

§ 17.32.070 Public Nuisance.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney of the City shall, upon order of the City Council, immediately 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 courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using any property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.

§ 17.32.080 Validity.

If any section, subsection, sentence, clause or phrase of this title is for any reason held by a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of the remaining portions of this title. The City Council of the City hereby declares that it would have passed the ordinance codified in this title and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid.

§ 17.32.090 Applicability.

The provisions of this title are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may now or hereinafter be enforceable in connection with the activities of any such public agency or organization.

§ 17.32.100 Repealing.

All ordinances and parts of ordinances of the City of Blue Lake in conflict with this title, to the extent of such conflict and no further, are hereby repealed; provided that nothing herein contained shall be deemed to repeal or amend any ordinance of the City requiring a permit or license or both to cover any business, trade, or occupation. Ordinance No. 244, as amended by Ordinance Numbers 250, 252, 274, 276, 277, 279, 283, 284, 289, 294, 309, 311, 315, 316, 318, 324, 328, 331, 333, 338, 342, 343, 349, 356, 360, 365, 366, 367, 368, 369, 370, and 380 are specifically repealed and replaced by the ordinance codified in this title.