All departments, officials, and public employees of the County of Monterey which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title, and shall issue no such permits or licenses for uses, structures, or purposes where the same would be in conflict with the provisions of this Title, and any such permits or licenses, if issued in conflict with the provisions of this title, shall be null and void.

The Director of Planning and his or her duly appointed subordinates are authorized to investigate all reported or apparent violations of this Title. If the Director of Planning finds that there is reasonable cause to believe that a violation exists, the Director of Planning Building Inspection is hereby authorized to take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this Title.

The Director of Planning may request, and shall receive, the assistance and cooperation of other officials or departments of the County of Monterey to assist in the discharge of its duties.

(Ord. No. 5135, § 158, 7-7-2009)

Any structure in an unreasonable state of partial construction, set-up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this Title, and any use of any land, structure, or premises, established, conducted, operated, or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, a violation of this Title, and a public nuisance.

An "unreasonable state of partial construction" exists if it has been more than one year since actual construction has begun, and;

A.

The construction work or required improvements have not been diligently pursued on a consistent basis; and

B.

The appearance of the structure or the building site substantially detract from the appearance of the neighborhood or reduce the property values in the immediate neighborhood; or

C.

The condition of the structure or the building site is detrimental to the public health, safety and welfare.

A.

It is prohibited to make any use of, or to allow any use of land or structure which is not permitted under this Title in the designated zoning district in which the property is located. It shall be unlawful for any person, firm or corporation whether as principal, agent, employee, landlord, tenant or otherwise permit, allow or cause the set-up, alteration, erection, construction enlargement, conversion, or maintenance of any building or structure contrary to the provisions of this Title and/or to permit, allow or cause the establishment, operation or maintenance of any use of the land, structure, or premise, which is contrary to the provisions of this Title. Any person violating any provision of this Title, including the violation of any condition of a discretionary permit, is guilty of a misdemeanor, unless, in the discretion of the prosecutor, it is charged as an infraction.

B.

It is prohibited for any person, firm or corporation to maintain, permit, or allow a violation or a public nuisance to exist upon any property, or premise, or for any person occupying or leasing the property or premises of another to maintain, permit or allow a public nuisance to exist thereon, after reasonable notice in writing from an enforcement officer, to remove, discontinue, or abate, the violation or public nuisance, has been served on the person, firm or corporation.

C.

It is prohibited for any person, firm or corporation to arrange or negotiate for the use of real property in violation of the provisions of this Title.

D.

It is prohibited to continue work on any property after a stop work order has been issued by an enforcing officer.

E.

Repealed.

(Ord. 3659 § 8, 1993)

The conditions of the use permit, variance, Administrative Permit, Combined Development Permit or other permit approved under the authority of Title 21, immediately becomes effective upon initiation of the use and must be strictly complied with. The violation of any condition imposed by the Planning Commission, Board of Supervisors, Director of Planning or Zoning Administrator in connection with the granting of an Permit, variance, Administrative Permit, Combined Development Permit or other permit authorized by Title 21 shall constitute a violation of this Title and is declared to be a public nuisance.

(Ord. No. 5135, § 159, 7-7-2009)

Repealed.

(Ord. 3659 § 8, 1993)

Repealed.

(Ord. 3659 § 8, 1993)

A.

Unless otherwise expressly provided in this Title, the remedies provided in this Chapter are cumulative and not exclusive.

B.

Nothing in this Chapter is intended, or shall be deemed or construed, to limit or impair the ability of the County, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to summarily abate any nuisance.

C.

Nothing in this Chapter bars any legal, equitable, administrative or summary remedy to which any aggrieved person or the County or any of its officers may otherwise be entitled.

D.

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Title.

A.

Nothing is this Title or any other County enactment is intended, or shall be deemed or construed, to impose liability the County of Monterey, or any of its officers, agents, employees, for any injury to persons or damage to property alleged to result from any act or omission by the County or any of its officers, agents or employees, beyond the liability imposed by the laws of the State of California or the United States, or shall be deemed or construed, to impose a mandatory duty upon the County, or any of its officers, agents or employees, for the purpose of determining entitlement to equitable relief or liability for any injury to persons or damage to property alleged to result fro failure of the County or any of its officers, agents or employees to discharge a mandatory duty imposed for any County enactment.

B.

Every enforcing officer may use administrative processes such as notices of violation, stop work orders, or warning letters in lieu of, or prior to, seeking judicial enforcement of the provision of this title if the officer determines that the provisions may result in compliance with this Title at less cost to the County.

C.

Every enforcing officer is authorized to appear as a complaining witness in any criminal proceeding brought for an alleged violation of this Title and in every administrative or civil proceeding brought to abate any violation of this Title or to enjoin any present or future violation of this Title.

D.

Pursuant to Penal Code Section 19d and the provisions of Section 836.5 of Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite as an infraction any person for violation of this Title whenever the enforcing officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this Title.

E.

Whenever there is reasonable cause to suspect a violation of any provision of this Title, or whenever necessary to investigate either an application for granting, extension or modification of any application described in this Title, or an action to revoke or modify a discretionary permit, or whenever necessary to investigate a proposed amendment of this Title, the enforcing officers or their duly authorized representatives, may enter any site for the purpose of investigation, provided they shall do so in a reasonable manner. No owner, or occupant, or agent thereof, shall, after reasonable notice and opportunity to comply, refuse to permit such entry. In the course of such inspection, no enclosed structure shall be entered without the express permission of the owner or occupant. When necessary, and with the prior approval of the District Attorney or County Counsel, an enforcing officer may apply to the court for an inspection warrant.

F.

No person shall give, either orally or in writing, false information to an enforcing officer or his or her duly authorized subordinate, while in the performance of his or her duties under the provisions of this Title when such person knows the information to be false.

G.

Whenever any work is being done contrary to the provisions of this Title, the enforcing officer may order the work stopped by notice in writing served on a person, firm or corporation, engaged in doing or causing such work to be done and any such person shall forthwith stop such work until authorized by the enforcing officer to proceed with the work.

If in the course of fulfilling their responsibilities under this Chapter, the enforcing officer has knowledge that there is a violation of this Chapter including a violation of a discretionary permit, the enforcing officer shall cause to be mailed by certified mail with return receipt, to the owner, as reported on the latest equalized assessment roll, and the occupant if diff from the owner, a notice of intention to record a notice of violation. The notice shall include a description of the property, a description of the violation, the action necessary to abate the violation, the time limit for compliance, the intent to record the notice of violation, and state a time, date and place for a meeting with the enforcing officer at which the occupant or owner may present evidence as to why the notice should not be recorded.

If the occupant or the owner of the real property fails to inform the enforcing officer whose signature appears on the notice, of his or her objections to the recordation of the notice of violation, and the violation has not been cured within the time limit set for compliance, that enforcing officer may record a notice of violation with the County Recorder. If the owner or occupant has presented evidence and it is determined that there has been no violation, the enforcing officer shall not record the notice of violation. If, however, after the owner or occupant has presented evidence enforcing officer determines that a violation does exist, the enforcing officer shall record a notice of violation after the expiration of the time for compliance.

If the owner, occupant or his or her authorized agent disagree with the determination that a violation of this Title exists on the property, he or she may apply for a "Removal of Notice of Violation" by submitting evidence to the Zoning Administrator that there is no violation or that the work to abate the violation has been completed. An adverse decision of the Zoning Administrator may be appealed by the property owner or operator pursuant to Chapter 21.82.

The enforcing officer shall submit a Removal of Notice of Violation to the County Recorder when:

1.

It is determined by the Zoning Administrator, the Planning Commission or the Board of Supervisors, after review, that no violation of this Title exists; or

2.

All required work to abate the violation has been completed, and approved by the enforcing officer.

The fee for the submittal of the "Removal of Notice of Violation" shall be set from time to time by the Board of Supervisors.

No department, commission, or public employee of the County of Monterey which is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements nor determine a discretionary permit complete where there is an outstanding violation of this Title involving the property upon which there is pending application for such permit, license or other entitlement unless such permit, license, or other entitlement is the, or part of the, administrative remedy for the violation. The authority to deny or determine incomplete shall apply whether the applicant for the permit was the owner of record at the time of such violation or the applicant is the current owner.

After recordation of a Notice of Violation by the enforcing officer, all departments, commissions, and public employees shall refuse to issue permits or licenses or entitlements involving property except those necessary to abate the violation of Title, if such are obtainable, or those cleared pursuant to plan for restoration approved by the Director of Planning, pursuant to Section 21.84.130.

Written notice of the refusal to issue shall be mailed to the applicant for the permit, license or entitlement and to the property owner. Such written notice shall include information regarding the specific violation and the action necessary to abate the violation.

If the applicant for a permit, license or other entitlement disagrees with the determination that a violation exists, he or she may follow the procedure set forth in Section 21.84.110, if:

1.

It has been determined by the Zoning Administrator, Planning Commission or Board of Supervisors, after review, that no violation of this Title exists; or

2.

All required work to abate the violation has been completed, and approved by the enforcing officer.

The Director of Planning may waive the provisions of this Section and Section 21.84.130 for remedial, protective, or preventative work, needed to deal with an emergency situation.

(Ord. No. 5135, § 160, 7-7-2009)

No application for a discretionary land use permit under the authority of the Director of Planning, the Zoning Administrator, the Planning Commission or the Board of Supervisors shall be deemed complete if there is a violation on said property of a County ordinance which regulates grading, vegetation removal or tree removal until that property has been restored to its pre-violation state. "Restoration" of the property shall include, but not be limited to, the revegetation of native plants and trees and the reconstruction of natural features of the land which have been removed or changed in violation of County ordinances regulating grading, vegetation removal or tree removal. Alternatives to restoration of the property shall not be considered unless the applicant can show that restoration would endanger the public health or safety, or that restoration is unfeasible due to circumstances beyond the co of the applicant or the property owner.

Plans for restoration shall be submitted to and approved by the Director of Planning prior to the commencement of restoration and the plan shall include a time period to ensure reestablishment of the soil or vegetation.

(Ord. No. 5135, § 161, 7-7-2009; Ord. No. 5218, § 22, 6-25-2013)

Application for permits for any use for which a permit is required and where the use has been constructed, placed on the property, operated or has been otherwise established or initiated prior to the application for the permit, in violation of this Title, shall require a fee of twice the amount normally charged for the application.