Desert Hot Springs City Zoning Code
CHAPTER 17
96 ENFORCEMENT OF PROVISIONS
§ 17.96.010 Purpose.
Enforcement of the provisions of this Zoning Ordinance and any entitlements and subdivision maps approved by the City shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the City’s planning efforts and for the protection of the public health, safety, and welfare of the City.
(Prior code § 159.46.010)
§ 17.96.020 Responsibility.
A.
The Community Development Department shall be responsible for enforcing the conditions and standards imposed on all permits granted by the City and permitted under this Zoning Ordinance. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this Zoning Ordinance, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in Chapters 8.16, 9.16 and 9.20 of the municipal code, and/or revocation procedures contained in the following chapters of this Zoning Ordinance:
1.
Chapter 17.76, Conditional Use Permits.
2.
Chapter 17.92, Development Permits.
3.
Chapter 17.108, Home Occupation Permits.
4.
Chapter 17.136, Temporary Use Permits.
5.
Chapter 17.140, Variances.
B.
Any permit, certificate, or license issued subsequent to the effective date of and in conflict with this Zoning Ordinance shall be null and void.
(Prior code § 159.46.020)
§ 17.96.030 Prohibitions.
No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing for which a final subdivision map is required by this Zoning Ordinance, until the final map has been filed for recordation with the office of the County Recorder, pursuant to Map Act Sections 66410 et seq. and 66499.30, and in full compliance with the City municipal code.
(Prior code § 159.46.030)
§ 17.96.040 Remedies.
A.
Any and all remedies concerning this Zoning Ordinance shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited structures, signs, or improvements, and shall not prevent the enforced correction or removal thereof.
B.
Construction in violation of this Zoning Ordinance, or any condition(s) imposed on a permit or license shall be subject to the issuance of a “stop work order.”
C.
1.
Deeds of conveyance, sale or contracts to sell real property which have been divided, or which have resulted from a division, in violation of the provisions of Map Act Section 66410 et seq. and the City municipal code, is voidable at the sole option of the grantee or successors, pursuant to Map Act Section 66499.32.
2.
This section does not bar any legal, equitable or summary remedy to which the City, public agency or any person, firm or corporation may otherwise be entitled, pursuant to Map Act Section 66499.33.
D.
The City shall not issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of Map Act Section 66410 et seq. and the City municipal code, if it finds that the development of the real property is contrary to the public health or safety, pursuant to Map Act Section 66499.34.
(Prior code § 159.46.040)
§ 17.96.050 Notice of violation.
Whenever the City has knowledge that real property has been divided in violation of the provisions of Map Act Section 66410 et seq. and the municipal code, it shall send, by certified mail to the then current owner(s) of record of the property, a notice of intention to record a notice of violation, describing the real property in detail, naming the owner(s) thereof, and stating that an opportunity will be given to the owner(s) to present evidence, pursuant to Map Act Section 66499.36.
(Prior code § 159.46.050)
§ 17.96.060 Penalties.
A.
Persons, partnerships, organizations, firms or corporations, whether as principals, agents, employees or otherwise, violating any provision(s) of this Zoning Ordinance or any condition imposed on an entitlement, Development Permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of an infraction or a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapters 8.16, 9.16 and 9.20 of the municipal code, in addition to any other civil or administrative remedies provided by law.
B.
Violation of Map Act Section 66410 et seq. by a person who is the subdivider or an owner of record, at the time of the violation, of property involved in the violation, shall be punishable by imprisonment in the County Jail not exceeding 1 year, or in the State prison, by a fine not exceeding $10,000, or by both that fine and imprisonment. Every violation of Map Act Section 66410 et seq. is a misdemeanor, pursuant to Map Act Section 66499.31.
(Prior code § 159.46.060)
§ 17.96.070 Enforcement fees.
The City may impose fees on applicants to cover the full costs incurred by the City for the monitoring and enforcement of the requirements of the Zoning Ordinance as well as those conditions and mitigation measures imposed on an approved permit or license.
(Prior code § 159.46.070)
