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Mariposa County Unincorporated
City Zoning Code

17.144 Enforcement

17.144.010 Purpose

The purpose of this chapter is to provide for the resolution of violations of this title. The objective of the board of supervisors is to obtain compliance with the code and to provide reasonable opportunities for the county and property owners to work together for this purpose.

17.144.020 Zoning Enforcement Administration

  1. For purposes of this title, the planning director shall act as the zoning enforcement officer of the county and take such actions as necessary to assure fair and equal enforcement of this title.
  2. The zoning enforcement officer shall be governed by the provisions of this title and shall be responsible for administering its provisions as directed by the board of supervisors.
  3. The planning director shall be responsible for the preparation of written administrative guidelines for the implementation of this chapter to be approved by the board of supervisors.

17.144.030 Extent Of Zoning Enforcement

It shall be the duty of the zoning enforcement officer to enforce the provisions of Title 17 pertaining to the use of land or buildings, and the: erection, construction, reconstruction, moving, alteration, or addition to any building or structures.

17.144.040 Lawfulness Of Permits And Licenses

Any permit or license of any type issued by any department or officer of the county, issued in conflict with the provisions of this title, shall be null and void.

17.144.050 Declaration Of Public Nuisance

Upon adoption of this title, any land, buildings or structures: erected, constructed, altered, enlarged, converted, moved or used contrary to the provisions of this title, or any failure to comply with the conditions attached to the granting of any development permit, special use permit or variance is hereby declared to be unlawful and a public nuisance. The planning commission may, after conducting a noticed hearing, declare a use located on any parcel within the county a public nuisance. The subject use must be found to be a nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons. The county counsel shall commence the necessary action or proceedings for the abatement, removal and enjoining thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title or any other law or ordinance.

17.144.060 Violation Constitutes Infraction

  1. Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of an infraction, and if found guilty by a court of competent jurisdiction shall be punished by a fine as specified in section 1.20.030 of the county code. As specified in §1.20.040A, separate offense shall have been committed for each and every day during which a violation of any portion of this title persists.
  2. The number of violations for which a violator may be fined shall commence from the date of the notice of violation, but shall not include any days during the period in which the matter is being appealed. The daily count of violations resumes again upon the conclusion of the appeal period, which shall be defined as the date of the final administrative action.
  3. The decision to issue a citation shall be subject to the review and approval of county counsel.

17.144.070 Role Of The Planning Director

  1. When a request for investigation of an alleged violation of this title is received, the planning director shall cause an investigation to be commenced to determine the validity of the complaint and the nature of the violation.
  2. After an investigation alleges there may be a violation, the director shall cause a “notice of intent to find a zoning violation” to be mailed to the property owner of record. The notice shall explain to the property owner that an investigation has been completed and the director is prepared to find a zoning violation exists. The notice shall inform the property owner that the director will make this finding in fourteen calendar days from the date of the notice. The notice of intent will explain the process for resolving violations and offer an opportunity for the property owner to contact the planning department prior to the filing of the notice of violation. The notice shall be written in plain language recognizing that the department is making an early notification and has not made a final determination whether or not there is a violation. The form of the notice of intent to find a zoning violation shall be included in the procedures required by this chapter.
  3. If the director finds that a violation allegedly exists, the written correspondence with the property owner shall always include a description of the procedures or the right to appeal the decision to the planning commission or board of supervisors.

17.144.080 Right To Appeal

  1. Any person notified of an alleged violation of this title shall have the right to appeal the determination to the planning commission or the board of supervisors.
  2. The person may appeal:
    1. the determination that a violation allegedly exists;
    2. the proposed remedy to resolve the alleged violation; or
    3. the proposed timeline for accomplishing the remedy.
  3. The appeal shall be filed with the county within twenty calendar days of the date of the notification of the alleged violation pursuant to the requirements of Chapter 17.136. The appellant may select to appeal to the planning commission or directly to the board of supervisors. Appealing this matter to the planning commission does not preclude a later appeal to the board of supervisors pursuant to this chapter.

17.144.090 Role Of The Planning Commission

  1. The planning commission shall conduct a hearing with notice pursuant to this title. The commission shall conduct the appeal hearing to accomplish the purpose of this chapter.
    1. Based upon the reason for the appeal, the commission may find that there is a violation or it may find that there is insufficient evidence in the record to support the finding that a violation exists. If the commission finds that there is no violation, the matter is closed.
    2. If the commission finds that there is a violation of this title, it may concur with the director’s proposed remedies, it may modify the proposed remedies, or it may establish a timeline by which the violation is to be resolved.
  2. Any action of the planning commission concerning a violation may be appealed to the board of supervisors pursuant to the requirements of Chapter 17.136. The appeal may be filed by the alleged violator or by any interested party, and shall be filed within 20 calendar days of the date of the commission’s action.
  3. If an appeal is not filed in a timely manner, the planning director shall turn the planning commission’s decision to county counsel for a decision to pursue the violation as a public nuisance or as an infraction of the county code.

17.144.100 Role Of The Board Of Supervisors

  1. The board of supervisors shall conduct a hearing with notice pursuant to this title. The board shall conduct the appeal hearing to accomplish the purpose of this title. The board shall review the results of the planning director’s investigation. If the matter was previously appealed to the planning commission, the board shall consider the commission’s findings. The board shall also receive comment from the person alleged to have violated this title and from any aggrieved party.
    1. Based upon the record before it, the board shall render its decision. The decision of the board is the final administrative action before the county. The board may find that the matter is a violation of this title. The board may find that no violation exists. The board’s decision is final.
    2. If the board finds that a violation exists, it shall order a remedy and time frame for completion to be implemented to accomplish the purposes of this title.
  2. The board shall refer this matter to county counsel, who shall be responsible for taking further action if the remedy is not successfully implemented within the assigned time frame.