It is unlawful to erect, reconstruct, maintain, move or structurally alter any building, structure or facility in any manner, or to use or allow the use of any building, facility or land for any purpose, other than as permitted by, and in conformance with, this title and all other ordinances, laws and maps referred to herein.

(Ord. 785 § 3(b) (part), 1994)

Except as otherwise specifically provided, no provision of this title shall be construed as relieving any party to whom a use permit or variance is issued from any other provision of state or federal law or from any provision, ordinance, rule or regulation of the town requiring a license, franchise or permit to accomplish, engage in, carry on or maintain a particular business, enterprise, occupation, transaction or use.

(Ord. 785 § 3(b) (part), 1994)

All officials, departments and employees of the town vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and shall issue no permit, certificate or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be null and void.

(Ord. 785 § 3(b) (part), 1994)

The planning director shall be the official responsible for the interpretation and enforcement of this title. Decisions of the planning director are final unless appealed to the planning commission within ten days of receipt of notice of the planning director's decision.

(Ord. 785 § 3(b) (part), 1994)

In the discharge of his duties, the planning director shall investigate and cause the correction of any violations of this title, including, when necessary, the legal procedure of abatement.

(Ord. 785 § 3(b) (part), 1994)

Information regarding any violation of this title shall be directed to the planning director, including, but not limited to, written complaints, prior history, application for a ministerial or discretionary permit, report of residential resale or similar public document. The planning director shall act on information received in a reasonable manner.

(Ord. 785 § 3(b) (part), 1994)

Based on information received, the planning director shall conduct an investigation of the suspected violation. The planning director or his designated agent shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection; provided, that the right of entry shall not be exercised and that in no case shall the structure be entered in the absence of the owner or tenant or their authorized representative, without the written order of a court of competent jurisdiction.

(Ord. 785 § 3(b) (part), 1994)

Upon determination that a violation exists, the planning director shall send, by registered mail, a letter to the property owner and to the tenant, architect, builder, contractor or other person who commits or participates in the violation, requesting cessation of the violation.

(Ord. 785 § 3(b) (part), 1994)

If the violation continues unabated for a period in excess of sixty days, a notice of noncompliance shall be issued and posted on the property and a notice of administrative hearing mailed to the property owners by registered mail. The owners shall have a ten-day notice prior to the hearing.

(Ord. 785 § 3(b) (part), 1994)

An administrative hearing shall be held by the planning commission at which time the burden of proof of nonviolation shall be upon the property owner.

(1)

A decision to abate the violation is appealable to the town council.

(2)

A decision to abate the violation may be recorded against the property, in which case, a notice of correction shall be duly recorded upon cessation.

(Ord. 785 § 3(b) (part), 1994)

The planning director is authorized to supersede the provisions of Sections 18.38.080, 18.38.090 and 18.38.100 with respect to any violation of this title involving signage, and may issue or cause to be issued to any violator a notice to appear, pursuant to Section 853.5 of the California Penal Code.

(Ord. 785 § 3(b) (part), 1994)

The planning director may call upon the town attorney to institute necessary legal proceedings to enforce the provisions of this title, and the town attorney, when authorized, shall institute appropriate actions to that end. The planning director may call upon the chief of police and his authorized agents to assist in the enforcement of this title.

(Ord. 785 § 3(b) (part), 1994)

Consistent with Chapter 1.04 of the town municipal code, any person violating any of the provisions or failing to comply with any of the requirements of this title shall be guilty of an infraction. Penalties for infraction shall be as set forth in California Government Code Section 36900. Costs of the abatement process may be recorded as a lien against the property consistent with Government Code Sections 25845(b) and (c).

(Ord. 785 § 3(b) (part), 1994)

Any deed of conveyance, sale or contract to sell made contrary to the provisions of this title shall be voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale or contract to sell; but the deed of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those enumerated above, and upon the grantor, vendor or person contracting to sell or his assignee, heir or devisee.

(Ord. 785 § 3(b) (part), 1994)