§ 18.152.070 — Violations

Santa Clara City Code · Santa Clara City Code § 18.152.070

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A. Violations of SCCC Title 18. 1. Any use of land or structures operated or maintained contrary to the provisions of SCCC Title 18 and any structure constructed or maintained contrary to the provisions of Title 18 are hereby declared to be a public nuisance and a violation of Title 18 in compliance with SCCC Chapter 1.10 (Administrative Penalties – Citations). 2. The violation of any required condition imposed on a permit or approval shall constitute a violation of Title 18 and may constitute grounds for modification or revocation of the permit in compliance with Chapter 18.150 (Permit Modifications and Revocations), or any other remedy available to the City under the SCCC. 3. Any violations of SCCC Title 18 or any required condition(s) imposed on a permit or approval granted in compliance with Title 18 shall be treated as a strict liability offense regardless of intent. 4. Any person, firm, or corporation, whether as principal, agent, employee, lessee, occupant, or otherwise, violating any provision of SCCC Title 18 shall be deemed guilty of an infraction or misdemeanor and be subject to administrative and civil penalties under SCCC Section 1.05.070. Such violations shall be punished by a fine in compliance with SCCC Section 1.05.070 and Chapter 1.10 [Administrative Penalties – Citations]. Funds collected pursuant to this section shall be paid to City’s Community Development Department account. B. Public Nuisance Defined and Abatement. 1. Public Nuisance Defined. a. Any structure set up, altered, constructed, converted, demolished, enlarged, erected, maintained, or moved contrary to the provisions of SCCC Title 18 or any use of any land, structure, or premises established, conducted, operated, or maintained contrary to the provisions of Title 18 is hereby declared to be unlawful and a public nuisance. b. Such a condition or use shall be subject to the remedies and penalties established by SCCC Chapters 1.10 (Administrative Penalties – Citations) and 15.40 (Dangerous Building Code), and the City Attorney may commence an action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. c. The City Attorney may also take other steps and apply to any courts as may have jurisdiction to grant relief as will abate and remove the structure and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any structure or using any property contrary to the provisions of Title 18. 2. Abatement. a. The City may choose to abate any public nuisance or violation of SCCC Title 18 through any of the abatement methods specified in this Chapter or in other local, State or Federal law and nothing contained in these titles shall be construed as limiting, prejudicing, or adversely affecting the City's ability to concurrently or consecutively use any of these proceedings as the City may deem are applicable. b. Proceeding under this Section will not preclude the City from proceeding under other sections of these titles, whether simultaneously of in seriatim. c. Whenever an enforcement officer determines that any condition exists in violation of the provisions of these titles, the enforcement officer may take enforcement action in compliance with this Section. C. Compliance Responsibility. Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which violates any provision of SCCC Title 18. D. Stop Work Order. 1. Any construction in violation of SCCC Title 18 or any conditions imposed on a permit shall be subject to the issuance of a "Stop Work Order" or other similar notice issued by the City. 2. Any violation of a Stop Work Order or other similar notice shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by the City Code and this Chapter.

§ 18.152.070 — Violations | Santa Clara, CA City Code | Corpus