Ontario City Zoning Code
CHAPTER 1159
Enforcement, Penalties and Additional Remedies
1159.01 VIOLATIONS.
(a) No person shall build or remodel any structure so as to change its exterior dimensions, including the building or remodeling of accessory buildings or change any use of a structure or change the use of land within the City of Ontario without first obtaining a Zoning Permit or Conditional Zoning Permit as required by this Ordinance. No person shall fail to comply with all terms and conditions of any Zoning Permit or Conditional Zoning Permit issued hereunder.
(b) Any person who commences any building, remodeling or change in the use of any structure or land without first obtaining the appropriate permit under this Ordinance, shall upon discovery be given a written notice to apply for the appropriate permit or cease the violation of such provision within seven (7) days.
(Ord. 01-50. Passed 12-6-01.)
(c) No person shall use or occupy any building structure or land within this City for which a zoning permit or conditional zoning permit has been issued until and unless a Zoning Compliance Certificate when required showing compliance with this ordinance and any site plan has been issued by the Zoning Inspector.
(Ord. 07-01. Passed 1-4-07.)
(Ord. 07-01. Passed 1-4-07.)
1159.02 ADDITIONAL REMEDIES.
(a) Whoever constructs or remodels any structure or uses any land without obtaining the permits required by this Ordinance or violates any provision of a Zoning Certificate or Conditional Zoning Certificate, may be subject to action for an injunction, declaratory relief or other appropriate remedy instituted by the City of Ontario to abate or prevent such violation.
(b) Any landowner who will be particularly damaged by any violation of this Ordinance may proceed by way of injunction, declaratory relief or other appropriate remedy against the violator to abate or prevent the violation. The failure of the City to begin such proceedings shall not preclude such landowner from commencing such action. Demand upon the City or its Solicitor shall not be required as a prerequisite to the commencement of such action nor shall the City be a necessary part thereto.
(c) In any action whether criminal or civil brought in respect to this Ordinance, either the landowner or the person or corporation actually violating this Ordinance shall be a proper party defendant.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1159.03 PENALTY.
(a) No person whether owner, lessee or occupant of any land or structure within the City of Ontario shall:
(1) Fail to obtain a zoning certificate or conditional zoning certificate where required to do so by this Zoning Ordinance;
(2) Use any land, structure or building in violation of any provision of this Ordinance;
(3) Fail to correct any violation of this Ordinance after having been advised of such violation.
(b) Whoever violates this section shall be guilty of a minor misdemeanor and upon conviction shall be fined not in excess of five hundred dollars ($ 500.00).
(Ord. 01-50. Passed 12-6-01.)
1159.04 EACH DAY A SEPARATE OFFENSE.
A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
1159.05 RIGHTS AND REMEDIES ARE CUMULATIVE.
The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)