Moorpark City Zoning Code
CHAPTER 17
56 ENFORCEMENT AND PENALTIES
§ 17.56.010 Purpose.
This chapter establishes procedures for enforcement of the provisions of this title. The enforcement procedures set forth are intended to assure due process of law in the abatement or correction of nuisances and violations of this title.
(Ord. 515 § 10, 2023)
§ 17.56.020 Pending violations.
No prosecution or action resulting from a violation of zoning regulations heretofore in effect shall be abated or abandoned by reason of the enactment of any ordinance amendment but shall be prosecuted to finality under the former provisions the same as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated. Any violation of provisions, which occurred prior to the effective date of the amendment, for which prosecution or legal action has not been instituted prior to the effective day of the amendment, may be hereafter subject to prosecution or action as if the amendment had not been adopted and, to this end, the former provisions shall remain in effect and be applicable until said prosecution or action has been terminated.
(Ord. 515 § 10, 2023)
§ 17.56.030 Penalties.
A.
Any person who violates any provision or fails to comply with any of the requirements of this title or of any term or condition of, or applicable to any permit, variance or amendment thereto is guilty of a misdemeanor/infraction as specified in this code and, upon conviction thereof shall be punishable in accordance with this code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, and shall be punishable therefor as provided in Chapter 1.12.
B.
Public Nuisance. Except as otherwise provided in subsection (B)(1) of this section, in addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this title shall be deemed a public nuisance and may be summarily abated as such, and each day that such condition continues shall be regarded as a new and separate public nuisance.
1.
Exception—Agricultural Operations Protection. No agricultural activities, operations or facilities in the O-S and A-E zones which are consistent with this title and the general plan and with proper and accepted customs and standards as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the agricultural uses have been in operation for more than one year if they were not a nuisance at the time they began.
a.
Exception. This section shall not apply if the agricultural uses, activities, operations or facilities obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.
2.
Definition. For purposes of this section, the term "agricultural activity, operation or facility" shall include, but not be limited to, the cultivation and tillage of the soils, dairying, the production, cultivation, growing and harvesting of any agricultural commodity including timber, viticulture, apiculture or horticulture, the raising of livestock, fish or poultry, silviculture and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
(Ord. 515 § 10, 2023)
§ 17.56.040 Enforcement.
The director of community development or designee is designated as the enforcing agent of this title. Pursuant to the authority vested in the city council of the city by California Penal Code Section 836.5, the director of community development or designee shall have the power of arrest without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction or infraction, consisting of a violation of the provisions of this code or any other ordinance or statute which the planning director has a duty to enforce.
A.
Procedure. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, the arresting officer shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C (commencing with Section 853.6) of the California Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceedings based upon the issuance of a written notice to appear pursuant to this section.
B.
Rights of Entry Upon Land.
1.
In the performance of their functions, designated personnel may, with either the consent of the occupant or other authorized person, or with a valid inspection warrant, enter upon property and make examinations and surveys in a manner consistent with the consent or the inspection warrant.
2.
In cases where no inspection warrant is obtained, designated personnel in the performance of their functions may enter upon property open to the general public and may enter upon property by way of a route normally accessible to visitors or tradespeople, or other persons having legitimate business with the occupants, in order to seek consent to inspect the property.
C.
Enforcement of Performance Standards. Following the initiation of an investigation, the director of community development may require the owner or operator of any use which may be in violation of performance standards to submit, in a reasonable amount of time, such data and evidence as is needed by the director of community development to make an objective determination. Failure to submit data required shall constitute grounds for revoking any previously issued approvals or permits and ceasing of operations until the violation is remedied.
D.
Monitoring and Enforcement Costs. The city may impose fees on permittees to cover the full costs incurred by the city or its contractors for the monitoring of permits issued pursuant to this title and for the enforcement of the requirements of this title and those of any permit issued pursuant to this title. Enforcement activities shall be in response to confirmed violations and may include such measures as inspections, public reports, penalty hearings, forfeiture of securities and suspension of permits. The applicant/permittee shall be billed for said fees as established by city council resolution.
E.
Notice of Noncompliance. Whenever the director of community development determines, pursuant to the provisions of subsection C of this section and Section 17.56.050, that violations of this code exist or that permit conditions are not being complied with, the director of community development may notify the permittee and/or owner of the property on which such violations are alleged to exist of the director's intent to record a notice of noncompliance. If the violations are not corrected within 30 days after such notification, the director may record a notice of noncompliance with the office of the county recorder. The permittee and/or property owner shall be notified of the recordation of the notice of noncompliance. The notice shall describe the property, specify the ordinance section or permit conditions violated, and state the date of the most recent notification to the permittee and/or property owner of said violation(s). The director of community development shall record a release of notice of noncompliance with the county recorder when it is determined that the violations have been corrected or abated. A fee as set forth in city council fee resolution will be charged the permittee and/or property owner for recordation of a release of notice of noncompliance.
(Ord. 515 § 10, 2023)
§ 17.56.050 Administrative process.
Before any action is instituted pursuant to this chapter, an alleged violator may be given an opportunity to resolve the complaint through an administrative process. An informal office hearing may be held to attempt to negotiate a solution to the violation.
(Ord. 515 § 10, 2023)