Chapter 19.01
ENFORCEMENT OF LAND USE REGULATIONS
Sections:
19.01.030 Enforcement alternatives.
19.01.050 Inspection for violation of permit conditions.
19.01.070 Notice of violation.
19.01.080 Recordation of notice of violations.
19.01.090 Expungement of notice of violation.
19.01.100 Civil penalties for and other enforcement remedies for violations.
19.01.110 Administrative abatement of nuisances.
19.01.120 Criminal penalties for violation.
19.01.130 Revocation of permit.
19.01.010 Purpose.
The purpose of this chapter is to provide a clear and explicit process for the enforcement of Federal, State, and local land use regulations as set forth in Federal, State statutes and regulations and in the County Code, including but not limited to provisions of the General Plan, building, planning and zoning, subdivision and environmental protection regulations, and related ordinances to protect the public health, safety, and welfare. [Ord. 4393 § 1, 1995].
19.01.020 Scope.
This chapter sets forth procedures for the enforcement of County land use regulations in the unincorporated portion of Santa Cruz County. [Ord. 4393 § 1, 1995].
19.01.030 Enforcement alternatives.
(A) Any violation of a land use regulation shall be enforced through one or more of the following remedies:
(1) Abatement as a public nuisance pursuant to Chapter 1.14 SCCC.
(2) Citation and release pursuant to California Penal Code Section 836.5 and SCCC 19.01.060.
(3) Criminal prosecution.
(4) Administrative hearing pursuant to SCCC 1.12.070, including the recovery of civil penalties and enforcement costs.
(5) Civil action for injunction, civil penalties, or other appropriate remedies.
(6) The withholding of approval or conditional approval of an application pending elimination of a related violation pursuant to SCCC 1.12.060.
(7) Recording of a notice of violation.
(8) Permit revocation pursuant to Chapter 18.10 SCCC.
(9) Issuance of an administrative citation pursuant to Chapter 1.13 SCCC.
(10) Whenever any work is being done contrary to the County Code, or other pertinent laws or ordinances implemented through the enforcement of the County Code, the Planning Director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Planning Director to proceed with the work.
(11) Any other remedies provided by law.
(B) Land use regulations are defined to be all those provisions of the Santa Cruz County Code found in SCCC Titles 12, 13, 14, 15, 16 and 17. The remedies authorized in this section are not exclusive but are cumulative to remedies authorized in any other section of the Santa Cruz County Code or authorized by any statute, court decision or other provision of law. [Ord. 5196 § 2, 2015; Ord. 4393 § 1, 1995].
19.01.040 Right of entry.
Whenever the Planning Director has reasonable cause to believe that there exists upon any property a condition which is in violation of land use regulations, he/she may enter such property at all reasonable times to inspect the same, to perform any duty imposed upon him/her by the County Code; provided, that if such property is occupied or is a habitable structure, he/she shall first present proper credentials and request entry; and if such property is occupied or is a habitable structure, he/she shall first make a reasonable effort to notify the owner or other person(s) in control of the property and request entry. If such entry is refused, the Planning Director shall have recourse to every remedy provided by law to secure entry, including, but not limited to, inspection warrants. [Ord. 4393 § 1, 1995].
19.01.050 Inspection for violation of permit conditions.
The Planning Director may cause sufficient inspections to be made of the property to assure compliance with the provisions of any permit or approval granted in accordance with land use regulations. Inspection shall be conducted pursuant to the provisions of SCCC 19.01.040. Upon completion of any inspection, the property owner shall be given written notice within five days of any violations observed at the time of inspection for correction thereof. [Ord. 4399 § 1, 1996; Ord. 4393 § 1, 1995].
19.01.060 Citation.
The Planning Director, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, is hereby authorized to arrest a person without a warrant whenever he/she has reasonable cause to believe that the person has committed an infraction or a misdemeanor in his/her presence which is a violation of any land use regulations. Upon making such an arrest, the Planning Director shall prepare a citation and release the person arrested pursuant to Section 853.6 of the Penal Code of the State of California, the provisions of which are hereby adopted by reference as part of this section. [Ord. 4393 § 1, 1995].
19.01.070 Notice of violation.
Whenever the Planning Director has determined that a violation of the provisions of land use regulations exist, he/she may provide a notice of intent to record a notice of code violation to the owner of the property upon which the violation is located. Notice shall be provided by posting on the property and by mail at the address shown on the latest assessment roll or at any other address of the owner known to the Planning Director. The notice shall state that within 20 days of the date of the notice, the owner may request a meeting with the Planning Director or his or her designee to present evidence that a violation does not exist. [Ord. 4685 § 1, 2002; Ord. 4393 § 1, 1995].
19.01.080 Recordation of notice of violations.
In the event that a meeting is not requested and the violation has not been corrected, or in the event that a meeting is held and after consideration of evidence the Planning Director determines that a code violation in fact exists, the Planning Director may record a notice of violation in the office of the County Recorder. The Planning Director’s decision is final and not subject to further appeal. [Ord. 4393 § 1, 1995].
19.01.090 Expungement of notice of violation.
At the request of any affected property owner, the Planning Director shall issue a notice of expungement of violation of land use regulations upon correction of any violation noticed hereunder. The notice of expungement may be recorded by the affected property owner at his or her expense.
The fee for inspection and verification of compliance and correction of any such violation and issuance of a notice of expungement of such violation shall be set by resolution of the Board of Supervisors. [Ord. 4393 § 1, 1995].
19.01.100 Civil penalties for and other enforcement remedies for violations.
Any person, whether as principal, agent, employee, or otherwise, violating, causing, permitting, or continuing violations of any land use regulations shall be liable for civil penalties, enforcement costs and other enforcement remedies in accordance with the provisions of SCCC 1.12.070. [Ord. 4393 § 1, 1995].
19.01.110 Administrative abatement of nuisances.
If the responsible party fails to correct a violation of any land use regulation in response to written notification from the Planning Director, the violation may be declared a public nuisance and abated according to the procedure set forth in Chapter 1.14 SCCC. [Ord. 4393 § 1, 1995].
19.01.120 Criminal penalties for violation.
Any person, whether as principal, agent, employee, or otherwise, knowingly and wilfully violating, causing, permitting, or continuing violations of any land use regulations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000; or by imprisonment for not more than six months or by both such fine and imprisonment. Any other violation of a land use regulation shall be an infraction punishable by a fine in accordance with SCCC 1.12.040. Each separate day or portion thereof during which any violation occurs or continues, the violation shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. [Ord. 4393 § 1, 1995].
19.01.130 Revocation of permit.
The violation of any of the provisions of any permit or approval issued pursuant to land use regulations shall be grounds for the revocation of said permit or approval as provided for in Chapter 18.10 SCCC. [Ord. 4393 § 1, 1995].