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Rancho Santa Margarita
City Zoning Code

CHAPTER 9

02 - Enforcement, Violations, Abatement and Penalties

Sec. 9.02.010.- Enforcement.

The City Council, City Attorney, Chief of Police Services, Code Enforcement Officer, and any official charged with the issuance of licenses or permits shall enforce the provisions of this Title pursuant applicable procedures adopted by the City. Any permit, certificate or license issued after the effective date of this Title that conflicts with the provisions of this Title shall be void.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.02.020. - Violations

Any building or structure set up, erected, built, moved or maintained, or any use of property contrary to the provisions of this Title or any condition attached to the granting of any approval is hereby declared to be unlawful and a nuisance, and shall be punishable as set forth in this Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.02.030. - Abatement.

In addition to any penalties and remedies set forth in Chapter 1.03, the City may commence an action or proceeding for the abatement, removal, and enjoinment of such violation in the manner provided by law and shall take such other steps or shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use, and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or structure or using any property contrary to the provisions of this Code.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.02.040. - Revocation of approvals.

The failure of any person to abide by and faithfully comply with an approved development plan, permit, certificate, license, or other approval, and any and all conditions which may be attached to the granting of such approval pursuant to the provisions of this Title shall constitute grounds for the revocation of such approval by the final approving body as provided in Chapter 9.08.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.02.050. - Remedies cumulative.

All remedies concerning this Title shall be cumulative and not exclusive. Conviction and punishment of any person under the provisions of this Title shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, uses, structures, or improvements, and shall not prevent their enforced correction or removal.

(Ord. No. 07-03, § 4(Exh. A), 4-11-2007)

Sec. 9.02.060. - Indemnification.

The permittee of any administrative or discretionary land use entitlement permit issued under the provisions of this Title shall agree to the following indemnity provision, as approved by the City Attorney: The permittee shall indemnify, defend, and hold the City, its officers, agents, employees, and representatives ("indemnitees"), harmless from and against any and all loss, damage, liability, claim, demand, suit, cost, and expense whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the issuance of any such permits or approvals and/or the installation, construction, maintenance, use, or operation of the work contemplated on private property, City property, or the public right-of-way for such permits, regardless of whether the indemnitees reviewed and approved any plans or inspected any work or improvement, including any encroachment, and regardless of whether such maintenance, repair, replacement, or condition was affected or caused by the indemnitees, except as provided by law.

(Ord. No. 20-04, § 4, 6-10-2020)