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Mission Viejo City Zoning Code

CHAPTER 9

58.- ENFORCEMENT OF PROVISIONS

Sec. 9.58.005.- Purpose.

These provisions are intended to ensure that enforcement of the provisions of this code and any entitlements granted by the city shall be diligently pursued in order to provide for their effective administration, to secure compliance with any conditions of approval, to promote the city's planning efforts and for the protection of the public health, safety, and welfare of the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.58.010. - Responsibility.

The director shall be responsible for enforcing the provisions of this code and any conditions imposed on permits (i.e., building and development permits) granted by the city and permitted under this code. Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of this code, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in chapter 1.01 and chapter 9.59 of the Mission Viejo Municipal Code, and/or revocation procedures contained in this code.

Any permit, (i.e., building and development permits) certificate, or license issued in conflict with this code shall be null and void.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.58.015. - Violations.

Any person, partnership, organization, form or corporation, whether as principal, agent, employee or otherwise, violating any provision(s) of this code or any condition imposed on an entitlement, development permit, map or license, or violating or failing to comply with any order made hereunder, shall be guilty of a misdemeanor in compliance with chapter 1.01 of the Mission Viejo Municipal Code. Any violation of this code shall also constitute a public nuisance which may be abated in compliance with the procedures outlined in chapter 9.59 of the Municipal Code. Any construction in violation of this code or any condition(s) imposed on a permit or license, shall be subject to the issuance of a "Stop Work Order." Any violation of a duly issued stop work order shall constitute a misdemeanor. Notwithstanding the foregoing, any violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of the Mission Viejo Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.58.020. - Remedies are cumulative.

All remedies contained in this code for the handling of violations or enforcement of the provisions of this code shall be cumulative and not exclusive of any other applicable provisions of city, county or state law. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this code, the conviction shall not prevent the city from pursuing any other available remedy to correct the violation.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.58.025. - Inspection.

Every property owner or applicant seeking a permit, certificate of occupancy, variance, or any other action in compliance with this code shall permit the city official handling the application access to any premises or property which is the subject of the application, and the city official shall make the inspections thereof as deemed necessary from time to time throughout the application process.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.58.030. - Enforcement fees.

The city may impose fees on a permittee/licensee to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this code as well as those conditions and mitigation measures imposed on an approved permit or license.

(Ord. No. 98-193, §§ 1—4, 10-19-98)