§ 17.94.060. Administrative enforcement.

A.

General Prohibitions. No person shall use any real property in violation of the regulations of this division or of Ordinance No. 378, as amended, that are applicable to the property. The erection, construction, alteration, enlargement, conversion, movement, maintenance, establishment or operation of any building, structure, premises or use contrary to the provisions of this title is unlawful and a violation of this code.

B.

Administrative Limitations. All county officers, departments and employees vested with the duty or authority to issue permits, licenses or other entitlement shall do so subject to the requirements of this title. No permit, license or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this title. Any permit, license or other entitlement issued in conflict with any provision of this title is null and void as of the date of issuance or approval.

C.

Enforcement Authority.

1.

The planning director (or designee) is the enforcing officer for the provisions of this title. The Shasta County Sheriff (or designee) may also serve concurrently as an enforcing officer for the provisions of this title with the approval of the Shasta County Sheriff and the planning director. Nothing in this provision shall be construed to limit the authority provided to the Shasta County Sheriff by state or federal law.

2.

Any administrative decision of the director of resource management regarding the interpretation of the provisions of this title or any condition of approval imposed pursuant to this division shall be made in writing whenever requested by any person interested in the interpretation. The written interpretation shall be delivered personally or by mail to that person.

3.

The director's decision may be appealed to the planning commission within ten days of the date of delivery or mailing of the decision by filing a written appeal with the planning department. The appeal shall specifically set forth the grounds upon which it is based. The commission shall hear the appeal and the appellant shall be given a reasonable opportunity to be heard and to present evidence at the hearing. The commission shall render its decision in writing to the director of resource management and shall concurrently mail a copy of its decision to the appellant. A public hearing is not required for any appeal heard under this subsection. Pendency of an appeal under this subsection shall not affect the filing of any legal action or pursuit of any other remedy to enforce the provisions of this title or any condition imposed pursuant to this title.

D.

Violations as an Infraction or Misdemeanor.

1.

A violation of any regulatory or prohibitory provision of this title is an infraction, unless any provision of law establishes the violation as a misdemeanor, or the District Attorney files a complaint charging the violation as a misdemeanor.

2.

A separate offense is committed for each and every transaction, event or occurrence in violation of any regulatory or prohibitory provision of this division. A separate offense is committed for each and every day or part of a day during which any such violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense. Every violation of any regulatory or prohibitory provision of this title is expressly declared to be a public nuisance.

E.

Enforcement Procedure.

1.

Every enforcing officer may use administrative processes, such as notices of noncompliance, warning letters, stop orders or cease and desist orders, in lieu of or prior to enforcing any provision of this code, if the officer determines that the process may result in compliance with this code at less expense to the county.

2.

Pursuant to Penal Code Section 19d and the provisions of Section 836.5 and Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite any person for violation of this code whenever the officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this code.

F.

Right of Entry. In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries, examinations and surveys do not interfere with the lawful use of the land by those persons lawfully entitled to the possession thereof.

G.

Enforcement Costs. Whenever a judicial action or proceeding is brought to abate or enjoin any violation of this title, the county may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating and prosecuting the violation.

(Prior code § 5.06.070)

(Ord. No. 2011-05, § II, 12-13-2011)