The purpose of division 16-56 is to establish procedures for town responses to violations of this zoning ordinance and any conditions of zoning permits, in order to promote the town's planning efforts and to protect the public health, safety, and welfare.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

The director may withhold issuance of any permit or entitlement of use authorized under the provisions of this zoning ordinance if he or she determines that there has not been full compliance with all applicable ordinances, regulations, and statutes pertaining to land divisions, including but not limited to the State Subdivision Map Act (California Government Code Title 7, Division 2), and Municipal Code chapter 14 (subdivision of land); or if it appears that the land to which the permit applies is not a legally created lot. Any permit, license, or other certificate of entitlement issued contrary to the provisions of this zoning ordinance is void.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

Infraction. Any person violating any provision or failing to comply with any requirement of this zoning ordinance, including without limitation any violation of any zoning permit condition, shall be guilty of an infraction. Penalties for infractions shall be those set forth in Government Code Section 36900, as amended. Violations may also be prosecuted administratively, in compliance with Municipal Code chapter 31 (enforcement of code).

B.

Power of arrest. The town manager, director, and building official, building inspector, or their designee, are authorized with the power of arrest for any person who violates any provision of this zoning ordinance, in compliance with Section 836.5 of the California Penal Code.

C.

Public nuisance. Any violation of this zoning ordinance shall constitute a public nuisance. In addition to any other remedies provided in this section, the town may summarily abate any such violation and/or bring civil suit to abate the same.

D.

Separate offenses—Cumulative remedies. Each and every day any violation of this zoning ordinance continues, is committed, or is permitted to continue, shall be regarded as a new and separate offense. The remedies provided in this section shall be cumulative and not exclusive.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

A.

No person, business or legal entity shall maintain a court action or proceeding to attack, review, set aside, void or annul any decision on matters listed in this zoning ordinance, including, but not limited to, rezoning or reclassification of property or zoning text amendment, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless they commence such action or proceeding is commenced within ninety days after the effective date of the challenged decision. Thereafter, all persons are barred from any such action or proceeding, or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

B.

The provision of this section shall apply to matters listed in this zoning ordinance. Provided, however, that should any court of competent jurisdiction hold that this section is invalid in its application to matters referred to in California Government Code Section 65009, then such invalidity shall not affect the application of the provisions of this section to all other matters listed in this zoning ordinance, and, to this end, the application of this section to matters other than those listed in California Government Code Section 65009 is declared to be severable.

C.

The council declares that it would have adopted this section and made the same applicable to matters other than those listed in California Government Code Section 65009 irrespective of any holding that this section cannot legally be applied to matters referred to in California Government Code Section 65009.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)