21.210.100 Enforcement measures—Violations and remedies.
A. Whenever the city planner determines that a violation of this chapter has occurred or an individual has impacted habitat without the benefit of an HMP permit, the following enforcement measures and remedies may be undertaken by the city planner, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140 of the municipal code.
1. Stop Work Notice. The city planner shall issue a stop work order demanding that all activities in violation of this chapter be stopped until a valid HMP permit is obtained and corrective action is authorized by the city planner.
2. Corrective Action. The city planner, in consultation with the wildlife agencies, shall determine the extent of corrective action necessary to cure the violation. Corrective action may include a higher mitigation ratio than specified in Table 11 of Section D.6 of the HMP.
3. Owner-Notification. The owner of the property shall be notified in writing that a violation has occurred. The notification shall specify the location, nature and extent of the activity or condition which contributed to the violation, the corrective action needed to cure the violation and the period of time deemed necessary by the city planner to correct the violation. The appeal process contained in Section 21.51.140 of this code shall apply to the city planner’s determination.
4. Record Notice of Violation. In the event that the owner does not correct the violation in the manner or within the time period requested by the city planner, the city planner shall record a notice of HMP violation against the property with the county recorder. Upon completion of any corrective action and/or issuance of a valid HMP permit and upon payment of the investigation fee required pursuant to this section, the city planner shall file a notice of release of HMP violation with the county recorder releasing the property from the notice of violation.
5. Prohibition of Development Permits. Any property which has a notice of HMP violation recorded against it shall be prohibited from obtaining or using any development permit pursuant to Titles 18, 20 and 21 of this code until after all corrective actions are taken in accordance with the requirements of the city planner and, a notice of release of violation has been recorded with the county recorder.
6. Investigation Fee. An investigation fee established by city council resolution shall be paid by the person responsible for the violation in accordance with the provisions of this chapter. The payment of such investigation fee shall not relieve any person from the performance of the corrective work or otherwise complying with the requirements of this chapter.
7. Criminal Penalties. Each person, firm or corporation who commences or does any activity contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of an infraction. Every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable as provided in this title and in Section 1.08.010(B) of this code.
8. Abatement of Public Nuisance. Any activity commenced or done contrary to the provisions of this chapter, or other violation of this chapter, shall be, and the same is declared to be, a public nuisance. Upon order of the city council, the city attorney shall commence necessary proceedings for the abatement of any such public nuisance in the manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any activity commenced or done contrary to the provisions of this chapter.
9. Civil Action. The city attorney may, at the request of the city planner, initiate any appropriate civil action in a court of competent jurisdiction to enforce the stop work notice, including the required corrective actions, including the recovery of any funds expended by the city to abate any public nuisance resulting from an unlawful act as defined in Section 15.16.170 of the municipal code and any additional civil penalties provided for by law. (Ord. CS-164 § 10, 2011; Ord. NS-783 § 1, 2006)