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Scotts Valley City Zoning Code

CHAPTER 17

54 - ADMINISTRATION, INTERPRETATION AND ENFORCEMENT

17.54.010 - Administration, interpretation and enforcement.

A.

All department officials and public employees of the city vested with the duty or authority to issue permits, certificates or licenses shall conform to the provisions of this title and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of this title; and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void.

B.

The planning director and planning commission, with the assistance of the city attorney, shall be responsible for the administration, interpretation, enforcement and correction of violations of the provisions of this title, subject to the provisions of Section 17.54.060 of this chapter.

C.

It shall be the duty of the building official to review each application for a building permit and to refuse to issue a permit for the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure or the use of any building, land or premises, not in conformity with the provisions of this title. The issuance of a building permit shall not, however, stop the city from enforcing any of the provisions of this title, nor shall said building permit constitute a waiver of any provision of this title or any permit required under the provisions of Chapter 17.50 or any other chapter of this title.

(Ord. 16.76 § 1(part), 1989)

17.54.020 - State law applicable.

The provisions of this title shall be subordinate to and superseded by the controlling provisions of any applicable state law or laws in the event of conflict as said state law or laws presently exist or may hereafter be amended.

(Ord. 16.76 § 1(part), 1989)

17.54.030 - Abatement of nuisance.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is declared to be unlawful and a public nuisance and the city attorney shall, upon order of the city council or upon the written request of the planning director or planning commission, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 16.76 § 1(part), 1989)

17.54.040 - Enforcement.

In addition to remedies provided by any other provisions of law, the planning director shall have the authority to implement the enforcement of the provisions of this title by any of the following means:

A.

Serving notice requiring the correction of any violation of this title upon the owner, agent, occupant or tenant of the improvement, building, structure or land;

B.

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this title, and the city attorney is hereby authorized to institute any actions to that end;

C.

Calling upon the chief of police and officers of the police department to assist in the enforcement of this title.

In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this title.

(Ord. 16.76 § 1(part), 1989)

17.54.050 - Violations constituting misdemeanor or infraction offense—Penalties.

A.

The violation of any provision contained in this Title 17 is declared to be unlawful and shall constitute a misdemeanor and a public nuisance subject to the penalties as prescribed in Chapter 1.08 of this code, unless such violation is designated in subsection B of this section as an infraction offense.

B.

The violation of any regulations contained in the following chapters and sections is declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 1.08 of this code:

1.

Chapter 17.57 (Accessory dwelling units);

2.

Chapter 17.58 (Junior accessory dwelling units);

3.

Section 17.44.030 (Off-street parking and loading requirements);

4.

Section 17.44.080 (Tree protection regulations);

5.

Chapter 17.56 (Sign regulations);

6.

Section 17.44.150 (External antennae);

7.

Section 17.46.040 (Private stables);

8.

Section 17.46.050 (Height limits);

9.

Section 17.46.080 (Swimming pools, spas, and hot tubs);

10.

Section 17.46.100 (Kennels and small animal hospitals);

11.

Section 17.46.110 (Fences, walls and ornamental structures);

12.

Section 17.46.140 (Temporary construction offices);

13.

Section 17.46.160 (Construction standards);

14.

Section 17.50.040 (Home occupations).

(Ord. 16.76 § 1(part), 1989; Ord. 16.82 § 6, 1991; Ord. 16.115, § 21, 6-4-2003; Ord. No. 16.142, § 68, 12-4-2024)

17.54.060 - Severability.

If any chapter, section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have passed and adopted this title and each chapter, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more chapters, sections, subsections, sentences, clauses or phrases might be declared invalid or unconstitutional.

(Ord. 16.76 § 1(part), 1989)