CHAPTER 2
ZONING
ARTICLE 22. INTERPRETATION, ENFORCEMENT PENALTIES AND LEGAL PROCEDURE
SECTION:
§9352: Penalties For Violation
§9353: Violation As A Public Nuisance
§9355: Applicability Of Chapter To Governmental Agencies
§9350 INTERPRETATION
When interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Except as specifically herein provided, it is not intended by the adoption of this Chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration, or enlargement of any building or improvement; nor is it intended by this Chapter to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided however, that in cases in which this Chapter imposes a greater restriction upon the erection, construction, establishment, moving, alteration, or enlargement of buildings for the use of any buildings or premises in said several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants, or agreements, then in such case the provisions of this Chapter shall control. (Ord. 793, §2, adopted 1982)
§9351 ENFORCEMENT AUTHORIZED
All departments, official and public employees of the City, vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Chapter, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of this Chapter, and any such permit or license issued in conflict with the provisions of this Chapter shall be null and void. It shall be the duty of the Building Official of the City to enforce the provisions of this Chapter pertaining to the creation, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. (Ord. 793, §2, adopted 1982)
§9352 PENALTIES FOR VIOLATION
Any person, firm or corporation, whether as principal, agent, or employee or otherwise, violating or causing the violation of any of the provisions of this Chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County of Mendocino jail for a term not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation, shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Chapter is committed or continued by such person, firm or corporation, and shall be punishable as herein provided. (Ord. 793, §2, adopted 1982)
§9353 VIOLATION AS A PUBLIC NUISANCE
Any building or structure built, erected, or constructed, altered, enlarged, converted, moved, set up, or maintained contrary to the provisions of this Chapter, and any use of any land, building, or premises established, conducted, operated or maintained contrary to the provisions of this Chapter, shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, 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 contrary to the provisions of this Chapter. (Ord. 793, §2, adopted 1982)
§9354 REMEDIES CUMULATIVE
The remedies provided for this Chapter shall be cumulative and not exclusive. (Ord. 793, §2, adopted 1982)
§9355 APPLICABILITY OF CHAPTER TO GOVERNMENTAL AGENCIES
This Chapter and the zoning restrictions contained therein shall not be applicable to buildings or uses by the City government, but shall be applicable to all other governmental agencies insofar as such other governmental agencies may be subject to zoning regulations of a municipality. Uses made pursuant to a franchise or concession duly granted by the City shall be deemed to be the use of the City government. (Ord. 793, §2, adopted 1982)
§9356 CITATION
This Chapter shall be known as, and may be cited as, the ZONING ORDINANCE of the City. Reference to section and article numbers herein are to the Section and Articles of this Chapter. (Ord. 793, §2, adopted 1982)