Article XII. - Enforcement.

Sec. 11-44.Power to enforce.

Sec. 11-45.Permits in conflict with chapter deemed void.

Sec. 11-46.Violations.

Sec. 11-47.Suspension, revocation, or modification.

Sec. 11-48.Enforcement action.

Sec. 11-49.Remedies not exclusive.

Sec. 11-50.Additional permit processing fees.

Sec. 11-51.Hazard abatement.


Sec. 11-44. - Power to enforce.

The director of permit and resource management and the agricultural commissioner shall be responsible for enforcing the provisions of this chapter and may issue correction notices, notices of violation, stop work orders, and citations for any violations of this chapter, or any permit issued pursuant to this chapter.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-45. - Permits in conflict with chapter deemed void.

Any permit issued in conflict with the provisions of this chapter shall be deemed void.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-46. - Violations.

(a)   Public Nuisance. Any activity performed contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance.
(b)   Criminal Violation. Any person, whether an agent, principal, or otherwise, violating or causing the violation of any provision of this chapter or any permit issued pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable in compliance with Section 1-7 of this code.
(c)   Stop Work Order.
(1)   Any activity in violation of this chapter or any permit issued pursuant to this chapter shall be subject to the issuance of a "stop work order."
(2)   Any violation of a stop work order shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by the county.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-47. - Suspension, revocation, or modification.

(a)   Permit Authority Action. A grading, drainage, or vineyard and orchard site development permit may be suspended, revoked, or modified by the permit authority, if the permit authority determines any of the following:
(1)   Circumstances under which the permit was granted have changed and the public health, safety, and welfare require the suspension, revocation, or modification;
(2)   The permit was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the permit application; or
(3)   One (1) or more of the conditions of the original permit have not been substantially fulfilled or have been violated.
(b)   Effect of Revocation. The revocation of a grading, drainage, or vineyard and orchard site development permit shall have the effect of terminating the permit and denying the privileges granted by the original permit.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-48. - Enforcement action.

When the permit authority determines that an activity is being performed in violation of the provisions of this chapter, the permit authority may initiate an enforcement action pursuant to Section 1-7.3 of this code.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-49. - Remedies not exclusive.

The remedies identified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this chapter shall be cumulative and not exclusive.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-50. - Additional permit processing fees.

Any person who performs any activity requiring a permit under this chapter without first obtaining the required permit shall pay the additional permit processing fees established by the county's fee schedule for the correction of the violations and any applicable penalties, before being granted a permit for the activity.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-51. - Hazard abatement.

Whenever the permit authority determines that any existing excavation, embankment, or fill on private property has become a hazard to public safety, endangers property, or adversely affects the safety, use, or stability of adjacent property, an overhead or underground utility, or a public way or watercourse, or could adversely affect the water quality of any watercourse or water body, the permit authority shall provide written notice to the owner or other person in control of the property advising of the problem. Upon receipt of the written notice from the permit authority, the owner or other person in control of the property shall, within the time specified in the notice, eliminate the hazard and conform with the requirements of this chapter.

(Ord. No. 5891, § 7, 12-9-2008.)