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Farmersville City Zoning Code

CHAPTER 17

108 - ADMINISTRATION AND ENFORCEMENT

Sections:


17.108.010 - Compliance required.

All departments, official and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of the title, and shall issue no permit or license 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 shall be null and void.

(Ord. 319 § 1(part), 1987)

17.108.020 - Enforcement by building inspector.

It shall be the duty of the building inspector of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

(Ord. 319 § 1(part), 1987)

17.108.025 - Enforcement of site plans, design reviews and conditional use permits.

As a result of a determination of a violation of any provisions of this title or of any condition or conditions of approval of a site plan, design review and/or conditional use permit the city manager and/or city attorney may do any of the following to enforce the provisions of this title:

A.

Seek an injunction to restrain and prevent any violation or threatened future violation of this title or of any condition or conditions of approval of a site plan, design review and/or conditional use permit;

B.

Take the following abatement procedures:

1.

Send a notice to abate the violation or nuisance signed by the city manager and/or the city attorney, return receipt requested to the owner of record as shown on the latest assessment roll, said correction time shall not exceed ninety days,

2.

Post upon the premises involved a notice to abate the violation or nuisance, the correction time shall not exceed ninety days,

3.

If the violation or nuisance is not abated within the time frame provided in the notice (not to exceed ninety days) the city manager, his designee or city approved contractor may enter upon the premises and remove, eliminate or correct such violation or nuisance. In such event the cost to the city of the abatement of the violation or nuisance, shall be a lien upon the premises upon which such violation or nuisance was maintained, provided a claim therefor is filed within the time and the manner as prescribed in the California Civil Code and the government code and other applicable law relating to the creation and enforcement of liens, commencing with California Civil Code Section 3084, et seq. The cost of such abatement shall, in addition, be a personal obligation against the owner of the premises upon which such violation or nuisance was maintained recoverable by the city in an action before any court of competent jurisdiction.

4.

The city council may grant an extension or extensions of the ninety days' notice period to the owner(s) of record of the property on which such public nuisance or violation is located, if the extension or extensions is/are for the purpose of eliminating a public nuisance as defined in this section or to correct a violation of this title or of a condition or conditions of approval of a site plan, design review or a conditional use permit, the extension shall not exceed one hundred eighty days.

C.

In the event an injunction is sought and granted pursuant to subsection A of this section, the fees of the city attorney in securing the injunction shall be assessed against the person guilty of a violation of this title, or of a condition or conditions of approval of a site plan, design review and/or conditional use permit and shall be a lien against the property as provided for in subsection B of this section.

D.

The city manager and/or city attorney may file a complaint for prosecution as a misdemeanor against any person, firm or corporation, whether principal, employee or otherwise, that violates this title and/or of any condition or conditions of approval of a site plan, design review, or conditional use permit. The person, firm or corporation shall be guilty of a misdemeanor. No showing of intent or wilfulness or knowledge shall be required for the finding of guilt.

E.

Notwithstanding any other procedures of this chapter, and in addition to any other remedy provided for in this title, code or state law, the punishment for a violation of this title and/or any condition or conditions of approval of a site plan, design review and/or conditional use permit shall be a fine payable to the city. Such person, firm or corporation, shall be deemed to be guilty of a separate and distinct offense for each and every day during any portion of which such violation or nuisance is committed or continued by such person, firm or corporation, and shall be punishable by the fine for each offense as prescribed in Chapter 1.12 of this code. No portion of the fine may be suspended by a court upon correction of this violation.

F.

Notwithstanding any other remedies of this chapter, in the event the conditions of a conditional use permit have not been, or are not being, complied with and after giving the permittee notice of the city's intention to revoke such permit at least fifteen days prior to the city council review thereon, the city council may revoke the permit.

G.

All of the remedies specified in this chapter may be pursued by the city manager and/or the city attorney, or any combination of these remedies may be pursued, and the sue of one remedy shall not exclude the use of any or all the remaining remedies.

(Ord. 333 § 3, 1988)

17.108.030 - Prohibited acts.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be unlawful and declared a public nuisance; and the city attorney shall, upon order of the city manager or 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 may person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this title.

(Ord. 319 § 1(part), 1987)

17.108.040 - Violation—Penalty.

A.

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 or an infraction, as determined by the city after subject to approval by the court and upon conviction thereof shall be punishable as set out in Chapter 1.12 of this code.

B.

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 and shall be punishable as provided in Chapter 1.12 of this code.

C.

The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. 319 § 1(part), 1987)

17.108.050 - Establishment or adjustment of fees.

All fees provided for under this title may be established, modified, adjusted or revoked by the adoption of a resolution by the city council.

(Ord. 319 § 1(part), 1987)