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Madera County Unincorporated
City Zoning Code

CHAPTER 18

112 - ENFORCEMENT—PENALTIES

18.112.010 - Violation—Misdemeanor.

Any person violating any provisions of this title of any person assisting in the violation of any provision of this title shall be guilty of a misdemeanor. Such persons shall be deemed to be guilty of a separate offense for each and every day during which any violation of this title is committed.

(Ord. 525 § 1(part), 1989).

18.112.020 - Buildings in conflict with provisions declared nuisance.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, placed or maintained in conflict with the provisions of this title and any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and same is declared to be unlawful and a public nuisance.

(Ord. 525 § 1(part), 1989).

18.112.030 - Nuisance abatement order.

The zoning administrator may, by notice, prohibit a threatened violation of this title or require the abatement of any condition declared above to be a public nuisance.

(Ord. 525 § 1(part), 1989).

18.112.040 - Notice of nuisance served.

Notice shall be served upon the occupant or owner of the land or upon the person causing the public nuisance by mailing to the last known address or the address as shown on the last assessment roll. If the person upon whom notice is to be served does not reside in the county, the notice shall also be posted on the property. The notice shall specify the exact nature of the violation and the time and place for a hearing before the zoning administrator, should the accusation be denied.

(Ord. 525 § 1(part), 1989).

18.112.050 - Nuisance accusation denial—Hearing.

If the accusation is denied, the zoning administrator shall hold a hearing after which he may issue an order to cease and desist or to abate the public nuisance.

(Ord. 525 § 1(part), 1989).

18.112.060 - Abatement by administrator at owner expense.

If the accusation is not denied by the public nuisance is not abated within ten days after service or posting of the notice, the zoning administrator may abate the nuisance at the expense of the owner, occupant of the land, or the person causing or controlling the public nuisance; or refer the violation to the district attorney or county counsel for commencement of an action for abatement as a public nuisance.

(Ord. 525 § 1(part), 1989).

18.112.070 - County action to recover abatement costs.

The county counsel or district attorney is authorized to bring an action in the name of the county for the recovery from such owner, occupant or person, the expense of such abatement, court costs and a penalty of ten dollars for each day the nuisance remained after service of the notice.

(Ord. 525 § 1(part), 1989).

18.112.080 - Authority to commence suit against nuisance maintenance.

In any case referred to the county counsel or the district attorney under Section 18.112.060 or, if an accusation is denied and the owner, occupant of land, or person causing or controlling the public nuisance refuses to abate the nuisance or permit it to be abated, the county counsel or district attorney shall commence in any court of competent jurisdiction, an action in the name of the county to abate the condition as a public nuisance. If the county obtain judgment, it shall, in addition to having the nuisance abated, recover a penalty of ten dollars for each day such nuisance remains after service and posting of notice.

(Ord. 525 § 1(part), 1989).

18.112.085 - Injunctive relief.

This title may be enforced by injunction issued by any court of competent jurisdiction. This remedy shall be in addition to any other remedy provided by this title or by law.

(Ord. 525 § 1(part), 1989).

18.112.090 - Other remedies available.

Any condition declared above to be a public nuisance may be abated by the remedy provided by Chapter 7.20, the nuisance abatement ordinance, which remedy shall be in addition to any other remedy provided by this title or by law.

(Ord. 525 § 1(part), 1989).

18.112.100 - Prosecutor designated.

In addition to any of the above, the district attorney is authorized to prosecute as misdemeanors any violations of this title.

(Ord. 525 § 1(part), 1989).

18.112.110 - Remedies cumulative.

All remedies provided for herein shall be cumulative and not exclusive.

(Ord. 525 § 1(part), 1989).

18.112.120 - Application fees.

Applications for zoning permits, conditional use permits or rezonings, where the use applied for has been constructed, placed on the property, operated or otherwise established or initiated prior to application, in violation of this title, shall require a fee double the application fee, which shall be set by resolution of the board of supervisors. The increased amount shall be listed in the fee schedule of the planning department, which shall be made available to the public for inspection and copying at the offices of the resource management agency-planning department and the clerk of the board of supervisors.

(Ord. No. 652, § 6, 12-20-11; Ord. 525N § 1, 2004: Ord. 525 § 1(part), 1989).