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Mendocino County Unincorporated
City Zoning Code

CHAPTER 20

216 - ENFORCEMENT, LEGAL PROCEDURE AND PENALTIES53


Footnotes:
--- (53) ---

Editor's note— Ord. No. 4538, § 57(Exh. A), adopted September 10, 2024, repealed Ch. 20.216 and enacted a new Ch. 20.216 as set out herein and as may later be amended. Former Ch. 20.216 pertained to similar subject matter and derived from Ord. No. 3639, adopted 1987.


Sec. 20.216.005 - Officials, Duties.

(A)

All departments, officials, and public employees of the County which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Division and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this Division, whether intentionally or otherwise, and any permit or licensed so issued shall be null and void.

(B)

It shall be the duty of the Planning and Building Services Department and of the officers of the County herein and/or otherwise charged by law with the enforcement of this Division to enforce this Division and all provisions of the same.

(C)

The Planning and Building Services Department is hereby authorized to issue Stop Work Orders to prohibit further construction or use of structures and property involving violations of this Division. Such Stop Work Orders shall remain in effect until violations are determined to be resolved.

(Ord. No. 4538, § 57(Exh. A), 9-10-2024)

Sec. 20.216.010 - Penalties.

(A)

Violation of this Division may be an infraction punishable as specified in Government Code Section 25132, but may alternately be addressed by way of administrative enforcement under Mendocino County Code Chapter 1.08. Further such violations may be redressed by civil action through the Office of the County Counsel.

A separate offense shall be deemed for each and every day after the first citation is issued, and shall be punishable in accordance with the provisions of Title 1 of the Mendocino County Code.

(B)

Any violation of provisions of this Division may cause to be filed for the record with the Mendocino County Recorder, a record of notice of violation lien affecting the real property maintaining the violation. The recording of such notice shall conform to the requirements established under the provisions of Chapter 1.04 of the Mendocino County Code including the issuances of all required notes, evidence submittals or presentations, and administrative review processes. The owner may present evidence to the Department of Planning and Building Services as to why such notice should not be recorded. The decision of Planning and Building Services may be appealed to the Board of Supervisors.

(Ord. No. 4538, § 57(Exh. A), 9-10-2024)

Sec. 20.216.015 - Permit Conditions as Violations.

(A)

It shall be unlawful, and prohibited, to violate any term or condition of any permit or approval granted or issued under this Division including, but not limited to, use permits, variances, use and occupancy permits, and licenses. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or failing to comply with any such term or condition shall be subject to sanctions, including but not limited to:

(1)

Enforcement as provided in Section 20.216.010 of this Chapter.

(2)

Permit revocation or modification as provided in this Division (See Chapter 20.190). Upon revocation of a granted or issued permit, any further violation of this Division is subject to enforcement provided in the provisions of Title 1 of the Mendocino County Code.

(B)

Such person, firm, or corporation is guilty of a separate offense for each and every act during any portion of which any violation of such term or condition is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as herein provided.

(Ord. No. 4538, § 57(Exh. A), 9-10-2024)

Sec. 20.216.020 - Cumulative Remedies.

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

(Ord. No. 4538, § 57(Exh. A), 9-10-2024)

Sec. 20.216.025 - Public Nuisance—Abatement.

(A)

Any use of the property or any building set up, erected, built, moved or maintained contrary to the provisions of this Division shall be and the same is hereby declared to be unlawful and a public nuisance.

(B)

The Planning and Building Services Department or the officers of the County herein and/or otherwise charged by law with the enforcement of this Division may:

(1)

Declare the use of the property or building described in this Section as a public nuisance and commence enforcement as provided in Section 20.216.010 of this Chapter.

(2)

Declare the use of the property or building described in this Section as a public nuisance and may be abated in accordance with the procedures provided in Chapter 8.75 of the Mendocino County Code, including but not limited to summary abatement, when necessary to preserve or protect the public health or safety, or administrative abatement.

(C)

The office of the County Counsel may commence an action or actions, a proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and may take such other steps and apply to such court or courts having jurisdiction to grant such relief as will abate and remove such building or enjoin such use and restrain and enjoin any persons, firms, or corporation or other entity from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this Division.

(Ord. No. 4538, § 57(Exh. A), 9-10-2024)