Lake Forest City Zoning Code
CHAPTER 9
208 ENFORCEMENT PROCEDURES
§ 9.208.010 Enforcement procedures.
A.
The provisions of Sections 9.208.010 through 9.208.040 inclusive shall be known as the Enforcement Provisions. The purpose of these provisions is to ensure compliance with the Zoning Code. They shall apply to the enforcement of the Zoning Code, but shall not be deemed to exclude other remedial measures.
B.
Definitions. As used in these provisions, the term "Director" shall mean the Director of Community Development, City of Lake Forest, or his or her designated agent(s).
As used in these provisions, the term "person" shall include a natural person, association, copartnership, corporation, or firm, and any agent, employee, officer, or principal thereof.
(Ord. 176 § 1, 2007)
§ 9.208.020 Duty to enforce.
A.
Director. It shall be the duty of the Director, or his or her designated agent(s), to enforce the provisions of the Zoning Code pertaining to the use of land, the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.
B.
Health Officer. It shall be the duty of the Health Officer of Orange County, or his or her designated agent(s), or such other person or entity with jurisdiction, to enforce the provisions of the Zoning Code pertaining to the use and maintenance of property, structures, and buildings so far as matters of health are concerned.
C.
Sheriff. It shall be the duty of the Chief of Police Services, or his or her deputies, and of all officers of the City otherwise charged with the enforcement of the law, to enforce the Zoning Code.
D.
Other. All other officials, employees, and departments of the City vested with the authority to issue permits, certificates, or licenses shall comply with the Zoning Code and shall issue no permits, certificates, or licenses in conflict with the Zoning Code. The issuing of a permit which is in conflict with the applicable Zoning Code shall not constitute a waiver of the provisions of that applicable Zoning Code.
(Ord. 176 § 1, 2007)
§ 9.208.030 Inspection to ensure compliance.
Whenever they shall have cause to suspect a violation of any provision of the Zoning Code; or whenever necessary to investigate either an application for granting, extension or modification, or an action to suspend or revoke a discretionary permit; or whenever necessary to investigate a proposed zone change, the officials responsible for enforcement or administration of the Zoning Code, or their designated agent(s), may, after permission from the owner or occupant, enter any building site, or building or structure thereon, for the purpose of investigation provided they shall do so in a lawful manner. If the owner and/or occupant refuses to grant the officials permission to enter the premises, the officials may obtain a search warrant for entrance onto the premises.
(Ord. 176 § 1, 2007)
§ 9.208.040 Violations of the Zoning Code.
A.
Misdemeanor.
1.
All violations of the Zoning Code committed by any person, whether as agent, employee, officer, principal or otherwise, shall be a misdemeanor.
2.
Every person who knowingly provides false information on any type of Zoning Code-related application or map filed with the Community Development Department shall be guilty of a misdemeanor.
Every person who fails to stop work when so ordered by the Director because of an apparent violation of the Zoning Code shall be guilty of a misdemeanor.
Every person who, having received notice to appear in court to answer a related charge, willfully fails to appear shall be guilty of a misdemeanor.
3.
A misdemeanor may be prosecuted by the City in the name of the people of the State of California or may be redressed by civil action. Each violation is punishable by a fine of not more than $1,000, or by imprisonment in the County jail for a term of not more than six months, or both such fine and imprisonment.
4.
Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued, or permitted by such person.
B.
Public Nuisance.
1.
Any building or structure erected, constructed, moved, altered or maintained and/or any use of property contrary to the provisions of the Zoning Code shall be and the same is hereby declared to be unlawful and a public nuisance; and any failure, refusal, or neglect to obtain a permit as required by the terms of the Zoning Code shall be prima facie evidence of the fact that a public nuisance has been committed.
2.
The City may commence an appropriate civil action to abate a public nuisance and/or to collect a civil penalty. Any civil action shall be preceded by a finding by the City Council, the Director or designee that a violation of the Zoning Code has occurred.
3.
The civil penalty shall not exceed $250 for each day on which such violation occurs. In addition, the civil penalty for violation of an abatement order shall be $500.
4.
The abatement of a public nuisance may be made at the expense of the owner of the property on which the nuisance is located. If the City abates the public nuisance, the costs of such abatement shall be charged to the owner of the premises involved. The Director may apply to the City Council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments.
C.
Injunction. The Zoning Code may also be enforced by injunction issued by the Superior Court upon suit by the City of Lake Forest.
D.
Revocation. Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any discretionary permit pursuant to the provisions of the Zoning Code shall constitute grounds for the revocation of said permit by the City Council.
E.
Fees to Correct Violation. Failure to pay fees and obtain applicable permit(s) shall be deemed a violation of this Code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this Code nor from any other of the penalties prescribed herein.
F.
Remedies. All of the foregoing remedies shall be cumulative and not exclusive, except when otherwise provided.
(Ord. 176 § 1, 2007)