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Morgan Hill City Zoning Code

CHAPTER 18

120 - ENFORCEMENT

18.120.010 - Purpose.

This chapter establishes procedures to ensure compliance with the zoning code, obtain corrections for violation of the zoning code, and impose penalties for violations. These procedures supplement code enforcement provisions in municipal code Title 1 (General Provisions).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.120.020 - Violations.

Any use, structure, or activity that is established or maintained contrary to the requirements of the zoning code shall be unlawful and a violation of the zoning code, shall constitute a public nuisance, and shall be subject to the remedies and penalties provided for in this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.120.030 - Permits and approvals.

All departments, officials, and public employees of the city assigned the authority to issue permits or other forms of authorization shall comply with the zoning code.

A.

Permits in Conflict with the Zoning Code. Permits and other forms of authorizations that would be in conflict with the zoning code shall not be issued.

B.

Permits Deemed Void. Any permits or other form of authorizations issued in conflict with the zoning code shall be void and of no effect.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.120.040 - Enforcement responsibility.

A.

Building Official. The building official shall have primary responsibility for enforcing provisions of the zoning code pertaining to the erection, construction, reconstruction, moving, conversion, or alteration of any structure.

B.

Community Development Director. The community development director shall have primary responsibility for enforcing all other provisions of this code not listed in subsection A above. Other officers of the city as authorized by the community development director shall share responsibility for enforcing provisions of this code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.120.050 - Remedies.

The city may choose to undertake any one or all of the following legal actions, in addition to all other remedies available, to correct and/or abate a violation of the zoning code.

A.

Revoke Permit. The city may revoke a permit or other form of authorization consistent with Section 18.104.240 (Permit Revocation).

B.

Withhold Permit. The city may deny or withhold permits or other forms of authorization.

C.

Approve Permit with Conditions. The city may approve a permit or other form of authorization subject to the condition that the violation be corrected.

D.

Stop Work. With or without revoking permits, the city may stop work in whole or in part on any building or structure.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.120.060 - Remedies are cumulative.

The remedies and enforcement powers established in this chapter shall be cumulative, and the city may exercise them in any order or combination, at any time.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)