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Visalia City Zoning Code

CHAPTER 17

46 ADMINISTRATION AND ENFORCEMENT

17.46.010 Administration.

   All department heads, officials or other employees of the city vested with the duty or authority to issue any permit, license or certificate shall conform to the provisions of this title and shall issue no permit, license or certificate for uses, buildings, or structures or purposes in conflict with provisions contained in this title. Any such permit, license or certificate issued in conflict with this title, intentionally or otherwise, shall be null and void. (Ord. 2017-01 (part), 2017: prior code § 7600)

17.46.020 Code enforcement.

   The city planner and zoning compliance inspector, or other person authorized by the city manager, shall be authorized to enforce provisions of this title and to issue citations and make arrests pursuant to Section 836.5 of the California Penal Code and Sections 1.08.010, 1.08.020, 1.08.030, 1.12.010, and Chapter 1.13 of the Visalia Municipal Code. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7601)

17.46.030 Right of entry.

   In the discharge of enforcement duties authorized persons shall have the right to enter any site or to enter any structure for the purpose of investigation and inspection. Such right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order of a court of competent jurisdiction has been issued. (Ord. 2017-01 (part), 2017: prior code § 7602)

17.46.040 Violation - Declared public nuisances and actions.

   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 land, building, or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and the same are declared to be unlawful and a public nuisance. The zoning compliance inspector shall immediately initiate all necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and may apply to a court of competent jurisdiction to grant such relief as will remove and abate the structure or use and restrain or enjoin the person, firm or corporation, or an organization from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of the ordinance. The remedies prescribed by this section are cumulative and nonexclusive. (Ord. 2017-01 (part), 2017: prior code § 7603)

17.46.050 Violation - Procedure.

   Any person, firm, corporation, or organization found in violation of any provisions of this title shall be notified and cited in accordance with policies established by the planning department and approved by the city council. Such policies shall be available for inspection by any person upon request to the planning department. (Ord. 2017-01 (part), 2017: prior code § 7604)

17.46.060 Infraction and penalty.

   Except as otherwise provided in this chapter, any violation of this title is unlawful and constitutes an infraction pursuant to Section 19(c) of the California Penal Code. Any person convicted of an infraction under this code shall be punishable by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of the same ordinance within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same ordinance within one year. The phrase "violation of the same ordinance" as used in this section means and refers to a violation of the same numbered section of the Visalia Municipal Code. In addition, each day such violation continues shall be regarded as a new and separate offense. (Ord. 2017-01 (part), 2017: prior code § 7605)