MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.90 – ENFORCEMENT

20.90.010             CONFORMANCE TO PROVISIONS REQUIRED.

All departments, officials, and public employees of the County of Monterey which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title and the remaining parts of the Monterey County Coastal Implementation Plan, and shall issue no such permits or licenses for uses, structures, or purposes where the same would be in conflict with the provisions of this Title, and any such permits or licenses, if issued in conflict with the provisions of this title, shall be null and void.

20.90.020             AUTHORITY TO ENFORCE.

The Director of Planning and Building Inspection and his duly appointed subordinates are authorized to investigate all reported or apparent violations of this Title and the remaining parts of the Monterey County Coastal Implementation Plan.  If the Director of Planning and Building Inspection finds that there is reasonable cause to believe that a violation exists, the Director of Planning and Building Inspection is hereby authorized to take such measures as he deems necessary or expedient to enforce and secure compliance with the provisions of this Title, including measures ordering the immediate restoration of a degraded site to pre-violation, natural conditions in a manner that will not further degrade the environment.

The Director of Planning and Building Inspection may request, and shall receive, the assistance and cooperation of other officials or departments of the County of Monterey to assist in the discharge of its duties.

20.90.030             NONCONFORMANCE TO PROVISIONS DECLARED A NUISANCE.

Any structure in an unreasonable state of partial construction, set-up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this Title and the remaining portions of the Monterey County Coastal Implementation Plan, and any use of any land, structure, or premises, established, conducted, operated, or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, a violation of this Title, and a public nuisance.

An "unreasonable state of partial construction" exists if it has been more than 1 year since actual construction has begun, and;

A.        The construction work or required improvements have not been diligently pursued on a consistent basis; and

B.         The appearance of the structure or the building site substantially detract from the appearance of the neighborhood or reduce the property values in the immediate neighborhood; or

C.        The condition of the structure or the building site is detrimental to the public health, safety and welfare.

20.90.040             VIOLATIONS.

A.        It is prohibited to make any use of, or to allow any use of land or structure which is not permitted under this Title or and the remaining portions of the Monterey County Coastal Implementation Plan in the designated zoning district in which the property is located.  It shall be unlawful for any person, firm or corporation whether as principal, agent, employee, landlord, tenant or otherwise to permit, allow or cause the set-up, alteration, erection, construction enlargement, conversion, or maintenance of any building or structure contrary to the provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan and/or to permit, allow or cause the establishment, operation or maintenance of any use of the land, structure, or premise, which is contrary to the provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.  Any person violating any provision of this Title or any of the remaining portions of the Monterey County Coastal Implementation Plan, including the violation of any conditions of a discretionary permit, is guilty of a misdemeanor, unless, in the discretion of the prosecutor, it is charged as an infraction.

B.         It is prohibited for any person, firm or corporation to maintain, permit, or allow a violation or a public nuisance to exist upon any property, or premise, or for any person occupying or leasing the property or premises of another to maintain, permit or allow a public nuisance to exist thereon, after reasonable notice in writing from an enforcement officer, to remove, discontinue, or abate, the violation or public nuisance, has been served on the person, firm or corporation.

C.        It is prohibited for any person, firm or corporation to arrange or negotiate for the use of real property in violation of the provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

D.        It is prohibited to continue work on any property after a stop work order has been issued by an enforcing officer.

E.         Each day or portion of a day that any person violates or continues to violate this Title or the remaining portions of the Monterey County Coastal Implementation Plan constitutes a separate offense and may be charged and punished separately without awaiting conviction on any prior offense.

20.90.050            VIOLATIONS OF CONDITIONS OF PERMITS.

The conditions of the Coastal Development Permit, Variance, Coastal Administrative Permit, Combined Development Permit or other permit approved under the authority of Title 20, immediately becomes effective upon initiation of the use and must be strictly complied with.  The violation of any condition imposed by the Planning Commission, Board of Supervisors, Director of Planning and Building Inspection, Zoning Administrator or California Coastal Commission in connection with the granting of any Coastal Development Permit, Variance, Coastal Administrative Permit, Combined Development Permit or other permit authorized by Title 20 shall constitute a violation of this Title and is declared to be a public nuisance.

20.90.060             FINES AND IMPRISONMENT.

A.        Every violation of any provision of this Title or the remaining portions of the Monterey County Coastal Implementation Plan determined to be an infraction is punishable by a fine not to exceed the amount allowed by state law.

B.         Unless a different punishment is prescribed by any law of this state, including any provisions of this Title, every violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan determined to be a misdemeanor is punishable by imprisonment in the county jail for not more than one year, or by fine not exceeding the amount allowed by state law, or by both fine and imprisonment.

20.90.070            ABATEMENT AND INJUNCTION.

A.        The County may summarily abate the public nuisance, and County Counsel or the District Attorney, upon order of the Board of Supervisors, may bring civil suit, or other action, to enjoin or abate the nuisance.

B.         Any person, firm or corporation whether as principal, agent, employee, tenant, landlord, or otherwise, violating any provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan or permits issued hereunder, shall be liable to the County of Monterey for the costs incurred and the damages suffered by the County, its agents, and agencies as a direct and proximate result of such violation.  Such cost shall include but not be limited to the expenses incurred in detecting, investigating, abating or prosecuting the violation, including attorneys' fees and the costs of monitoring compliance.

The County may recover such costs by civil action or the enforcing officer may bill the owner or agent of the  property on which the violation has occurred and proceed pursuant to Sections 16.30.110 through 16.30.150 of Chapter 16.30 of the Monterey County Code to obtain a special assessment and lien against the property.

C.        Upon a continuation of a public nuisance under this Chapter after notice from the County to cease the nuisance, any person, firm or corporation, who violates this Title or the remaining portions of the Monterey County Coastal Implementation Plan shall be liable for a civil penalty of 50% of those costs payable to the County in subsection B for each day the violation continues.  This penalty may be assessed and recovered in a civil action and may be recovered in any judicial action brought to abate or enjoin a violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

20.90.080            REMEDIES, CUMULATIVE.

A.        Unless otherwise expressly provided in this Title, the remedies provided in this Chapter are cumulative and not exclusive.

B.         Nothing in this Chapter is intended, or shall be deemed or construed, to limit or impair the ability of the County, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to summarily abate any nuisance.

C.        Nothing in this Chapter bars any legal, equitable, administrative or summary remedy to which any aggrieved person or the County or any of its officers may otherwise be entitled.

D.        Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

20.90.090        ENFORCEMENT BY ADMINISTRATIVE PROCESS, POWERS OF  ENFORCING OFFICER.

 A.       Nothing is this Title or any other County enactment is intended, or shall be deemed or construed, to impose liability upon the County of Monterey, or any of its officers, agents or employees, for any injury to persons or damage to property alleged to result from any act or omission by the County or any of its officers, agents or employees, beyond the liability imposed by the laws of the State of California or the United States, or shall be deemed or construed, to impose a mandatory duty upon the County, or any of its officers, agents or employees, for the purpose of determining entitlement to equitable relief or liability for any injury to persons or damage to property alleged to result from the failure of the County or any of its officers, agents or employees to discharge a mandatory duty imposed for any County enactment.

B.         Every enforcing officer may use administrative processes such as notices of violation, stop work orders, or warning letters in lieu of, or prior to, seeking judicial enforcement of any provision of this title if the officer determines that the process may result in compliance with this Title or the remaining portions of the Monterey County Coastal Implementation Plan as less cost to the County.

C.        Every enforcing officer is authorized to appear as a complaining witness in any criminal proceeding brought for an alleged violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan and in every administrative or civil proceeding brought to abate any violation of this Title or the remaining portions of the Monterey County Coastal Implementation or to enjoin any present or future violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

D.            Pursuant to Penal Code Section 19d and the provisions of Section 836.5 of Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite as an infraction any person for violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan whenever the enforcing officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

E.            Whenever there is reasonable cause to suspect a violation of any provision of this Title or the remaining portions of the Monterey County Coastal Implementation Plan, or whenever necessary to investigate either an application for granting, extension or modification of any application described in this Title or the remaining portions of the Monterey County Coastal Implementation Plan, or an action to revoke or modify a discretionary permit, or whenever necessary to investigate a proposed amendment of this Title, the enforcing officers or their duly authorized representatives, may enter any site for the purpose of investigation, provided they shall do so in a reasonable manner.  No owner, or occupant, or agent thereof, shall, after reasonable notice and opportunity to comply, refuse to permit such entry.  In the course of such inspection, no enclosed structure shall be entered without the express permission of the owner or occupant.  When necessary, and with the prior approval of the District Attorney or County Counsel, an enforcing officer may apply to the court for an inspection warrant.

F.         No person shall give, either orally or in writing, false information to an enforcing officer or his duly authorized subordinate, while in the performance of his duties under the provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan when such person knows the information to be false.

G.            Whenever any work is being done contrary to the provisions of this Title, the enforcing officer may order the work stopped by notice in writing served on a person, firm or corporation, engaged in doing or causing such work to be done and any such person shall forthwith stop such work until authorized by the enforcing officer to proceed with the work.

20.90.100            NOTICE OF VIOLATION RECORDATION.

If in the course of fulfilling their responsibilities under this Chapter, the enforcing officer has knowledge that there is a violation of this Chapter including a violation of a discretionary permit, the enforcing officer shall cause to be mailed by certified mail with return receipt, to the owner, as reported on the latest equalized assessment roll, and the occupant if different from the owner, a notice of intention to record a notice of violation.  The notice shall include a description of the property, a description of the violation, the action necessary to abate the violation, the time limit for compliance, the intent to record the notice of violation, and state a time, date and place for a meeting with the enforcing officer at which the occupant or owner may present evidence as to why the notice should not be recorded.

If the occupant or the owner of the real property fails to inform the enforcing officer whose signature appears on the notice, of his objections to the recordation of the notice of violation, and the violation has not been cured within the time limit set for compliance, that enforcing officer may record a notice of violation with the County Recorder.  If the owner or occupant has presented evidence and it is determined that there has been no violation, the enforcing officer shall not record the notice of violation.  If, however, after the owner or occupant has presented evidence, the enforcing officer determines that a violation does exist, the enforcing officer shall record a notice of violation after the expiration of the time for compliance.

20.90.110             REMOVAL OF NOTICE OF VIOLATION.

If the owner, occupant or his authorized agent disagree with the determination that a violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan exists on the property, he may apply for a "Removal of Notice of Violation" by submitting evidence to the Zoning Administrator that there is no violation or that the work to abate the violation has been completed.  An adverse decision of the Zoning Administrator may be appealed by the property owner or operator pursuant to Chapter 20.88.

The enforcing officer shall submit a Removal of Notice of Violation to the County Recorder when:

1.         It is determined by the Zoning Administrator, the Planning Commission or the Board of Supervisors, after review, that no violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan exists; or

2.         All required work to abate the violation has been completed, and approved by the enforcing officer.

3.         The fee for the submittal of the "Removal of Notice of Violation" shall be set from time to time by the Board of Supervisors.

20.90.120        REFUSAL TO ISSUE PERMITS, LICENSES OR OTHER ENTITLEMENTS.

No department, commission, or public employee of the County of Monterey which is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements nor determine a discretionary permit complete where there is an outstanding violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan involving the property upon which there is pending application for such permit, license or other entitlement unless such permit, license, or other entitlement is the, or part of the, administrative remedy for the violation.  The authority to deny or determine incomplete shall apply whether the applicant for the permit was the owner of record at the time of such violation or the applicant is the current owner.

After recordation of a Notice of Violation by the enforcing officer, all departments, commissions, and public employees shall refuse to issue permits or licenses or entitlements involving the property except those necessary to abate the violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan, if such are obtainable, or those cleared pursuant to plan for restoration approved by the Director of Planning and Building Inspection, pursuant to Section 20.90.130.

Written notice of the refusal to issue shall be mailed to the applicant for the permit, license or entitlement and to the property owner.  Such written notice shall include information regarding the specific violation and the action necessary to abate the violation.

If the applicant for a permit, license or other entitlement disagrees with the determination that a violation exists, he may follow the procedure set forth in Section 20.90.110, if:

1.         It has been determined by the Zoning Administrator, Planning Commission or Board of Supervisors, after review, that no violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan exists; or

2.         All required work to abate the violation has been completed, and approved by the enforcing officer.

The Director of Planning and Building Inspection may waive the provisions of this Section and Section 20.90.130 for remedial, protective, or preventative work, needed to deal with an emergency situation.

20.90.130        RESTORATION OF LAND REQUIRED BEFORE APPLICATION DEEMED COMPLETE.

No application for a discretionary land use permit under the authority of the Director of Planning and Building Inspection, the Zoning Administrator, the Minor Subdivision Committee, the Planning Commission or the Board of Supervisors, except for a restoration project, shall be deemed complete if there is a violation on said property of a County ordinance which regulates grading, vegetation removal or tree removal until restoration has been implemented on that property and monitoring agreements are in place.

The Director of Planning and Building Inspection may require restoration of the property to its pre-violation state if in his or her opinion it is necessary to correct the violation.

"Restoration" of the property shall include, but not be limited to, the revegetation of native plants and trees and the reconstruction of natural features of the land which have been removed or changed in violation of County ordinances regulating grading, vegetation removal or tree removal.  Alternatives to restoration of the property shall not be considered unless the applicant can show that restoration would endanger the public health or safety, or that restoration is unfeasible due to circumstances beyond the control of the applicant or the property owner.

Plans for restoration shall be submitted to and approved by the Director of Planning and Building Inspection prior to the commencement of restoration and the plan shall include a time period to ensure re-establishment of the soil or vegetation.

20.90.140            FEES FOR RETROACTIVE PERMIT APPLICATION.

Application for permits for any use for which a permit is required and where the use has been constructed, placed on the property, operated or has been otherwise established or initiated prior to the application for the permit, in violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan, shall require a fee of twice the amount normally charged for the application.

20.90.150            CONFLICT IN ENFORCEMENT PROVISIONS

If the provisions of this Chapter conflict with or contravene the enforcement provisions contained in the ordinances incorporated by reference in Chapter 20.96 of this Title, the provisions of the ordinances incorporated by reference shall prevail.