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Enforcement Provisions

Santa Clara City Code ch. 18.152
in effect

Santa Clara City Code § 18.152.010 Purpose

This Chapter establishes provisions that are intended to ensure compliance with the requirements of SCCC Title 18 (Zoning) and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

Santa Clara City Code § 18.152.020 Permits and Approvals

All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, permits, and other approvals shall comply with the provisions of SCCC Title 18. A. Permits in Conflict with SCCC Title 18. Certificates, licenses, permits, and other approvals for uses or structures that would conflict with the provisions of Title 18 shall not be issued. B. Permits Deemed Void. Any certificate, license, permits, and other approvals issued in conflict with the provisions of SCCC Title 18 shall be void and of no effect.

Santa Clara City Code § 18.152.030 Enforcement Responsibility

A. Responsibility of Director. The Director, and such employees designated by the Director, may exercise the authority provided in California Penal Code Section 836.5(a) and issue notices of violation, stop work orders, and citations for any violations of SCCC Title 18 pertaining to the use of any land, and the addition, alteration, construction, conversion, installation, moving, reconstruction, or use of any structure. B. Additional Responsibility to Enforce. Other City officials charged by the law with the general duty of enforcing City ordinances shall also enforce the provisions of SCCC Title 18. C. Procedures. The procedures to be followed for the issuance of citations are those that are or may be authorized from time to time by provisions of the California Penal Code.

Santa Clara City Code § 18.152.040 Inspections

A. Right of entry. The enforcement officer may enter any property or premises at all times to perform any duty imposed upon him/her by SCCC Title 18 whenever the enforcement officer has cause to believe a violation of provisions of SCCC Title 18 is occurring; provided, that: 1. The enforcement officer shall present proper credentials, state the reason for entry, and request entry from the owner or occupant. (a) If entry is denied, the enforcement officer may seek a court-ordered inspection warrant if cause exists in compliance with Code of Civil Procedure Section 1822.50 et seq.; and (b) If entry is denied, the enforcement officer shall have recourse to every remedy provided by law to secure entry. 2. The enforcement officer shall make a reasonable effort to locate the owner of unoccupied property or premises, inform the owner of the reasons for entry, and request entry. 3. The enforcement officer shall not enter any property or premises in the absence of permission to enter unless an inspection warrant has been issued by a court of competent jurisdiction. B. Pre-approval Inspections. Every applicant seeking a permit or any other approval in compliance with SCCC Title 18 shall allow the City officials handling the application access to any premises or property that is the subject of the application. C. Post approval Inspections. If the permit or other approval in compliance with SCCC Title 18 is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.

Santa Clara City Code § 18.152.050 Initial Enforcement Action

A. Procedures for Initiating Enforcement. This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of SCCC Title 18. 1. Notice to Responsible Parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information: a. A description of the violation(s) and citations of applicable SCCC Title 18 provisions being violated; b. The time limit for correction of the violation, as specified below; c. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s); and d. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods for the correction of the violation(s). 2. Time Limit for Correction. a. The Notice of Violation shall state that the violation(s) shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City. b. The 30-day time limit may be extended by the Director upon determining that the responsible party will likely correct the violations within a reasonable time period. c. The Director may also require through the Notice of Violation that the correction occur within less than 30 days if the violation constitutes a public nuisance or is a hazard to public health or safety. B. Encourage Voluntary Cooperation. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided. C. Other Steps. These provisions shall not limit or prevent the City from taking any other steps necessary to obtain compliance with SCCC Title 18. D. Use of Other Enforcement Procedures. The enforcement procedures of Section 18.152.080 (Legal Remedies) may be employed by the City after or instead of the provisions of this Section where the Director determines that this Section may be ineffective in securing the correction of the violation(s) within a reasonable time.

Santa Clara City Code § 18.152.060 Recording Notice of Violation

A. Record Notice with County Recorder’s Office. If property in the City exists in violation of SCCC Title 18 and the owner fails or refuses to correct the violation(s), the City may record a Notice of Violation against the affected property in the County Recorder’s Office. B. City Actions before Recordation. Before recording a Notice of Violation, the City shall do all the following: 1. Mailing of Notice. a. The Director, through the City Code Enforcement Staff, shall send a written Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time, in compliance with Section 18.152.100 (Recovery of Costs), below. b. The Director may, in the Director’s discretion, send more than one Notice of Violation. 2. Failure to Correct Violation. a. If the owner fails or refuses to correct the violation(s) within the specified time, the Director, through the City Code Enforcement Staff, shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owner(s), describing the violation(s) in detail (including relevant City Code sections), and stating that an opportunity will be given to the owner(s) to present evidence at the hearing on the matter. b. The notice shall specify a time, date, and place for a Planning Commission hearing at which the owner may present evidence to the Planning Commission why the Notice of Violation should not be recorded. c. The Planning Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing of the Notice of Violation. 3. Planning Commission’s Actions. a. The Planning Commission shall hear the matter on the date scheduled. b. If, after the owner(s) and the City staff have presented evidence, the Planning Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner(s). c. If the owner(s) fails to appear, or the Planning Commission determines that there is a violation(s), the Planning Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder. 4. Constructive Notice. The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation(s) to all successors-in-interest in the property, under California Civil Code Sections 1213 and 1215. 5. Release or Cancellation of Notice of Violation. If the owner(s) corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner(s) has notified the City in writing and consented to an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.

Santa Clara City Code § 18.152.070 Violations

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.

Santa Clara City Code § 18.152.080 Legal Remedies

In compliance with SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of Title 18 as a civil, criminal, and/or administrative action. A. Civil Actions. 1. Injunction. The City Attorney or District Attorney may apply to the Superior Court for injunctive or other appropriate relief to terminate a violation(s) of SCCC Title 18. 2. Abatement Proceedings. The City Attorney or District Attorney may apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions. 3. Nuisance Abatement. The City may pursue any remedies or enforcement action(s) for the abatement of a nuisance in compliance with SCCC Chapter 15.40 (Dangerous Building Code), Health and Safety Code Section 17920 et seq, or other applicable law. B. Civil Remedies and Penalties. 1. Civil Penalties. Any person who violates the provisions of Title 18 or any permit issued in compliance with Title 18 shall be liable for a civil penalty for each day, or a portion of the day, that a violation(s) continues to exist in compliance with SCCC Section 1.05.070. 2. Costs and Damages. Any person violating any provisions of SCCC Title 18 or any permit issued in compliance with Title 18, shall be liable to the City for all of the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s), including reasonable attorney fees and costs. 3. Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant. C. Criminal Actions and Penalties. See SCCC Section 1.05.070.

Santa Clara City Code § 18.152.090 Remedies Are Cumulative

A. Cumulative, Not Exclusive. All remedies contained in SCCC Title 18 for the handling of violations or enforcement of the provisions of Title 18 shall be cumulative and not exclusive of any other applicable provisions of City or State law. B. Other Remedies. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of SCCC Title 18, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

Santa Clara City Code § 18.152.100 Recovery of Costs

This Section establishes procedures for the recovery of administrative costs, including City staff and City Attorney time expended on the enforcement of the provisions of SCCC Title 18 in order to correct a violation. The intent of this Section is to recover all City administrative costs reasonably related to administrative, civil, or criminal enforcement in compliance with Code of Civil Procedure Section 1033.5, SCCC Section 1.05.070, Chapter 1.10 (Administrative Penalties – Citations), and this Section. A. Record of Costs. 1. The Department shall maintain records of all administrative costs incurred by responsible City departments, including City Attorney costs, associated with the processing of violations and enforcement of SCCC Title 18, and shall recover the costs from the property owner(s) or the person(s) in control of the property in compliance with this Section. 2. City staff time shall be calculated at an hourly rate as established and revised from time to time by the Council, or the actual rate charged to the City. B. Notice. Upon investigation and a determination that a violation of any of the provisions of SCCC Title 18 or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the record owner(s) and/or any person(s) having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing regarding any objections they may have. The notice shall be in a form approved by the City Attorney. C. Summary of Costs and Notice. 1. At the conclusion of the investigation, the Director shall send a summary of costs associated with enforcement to the property owner(s) and/or person(s) having possession or control of the property by certified and first class mail. 2. The summary shall include a notice in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days following the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges. 3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner(s) and/or person(s) in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director. 4. The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988, at the City’s election. 5. The obligation to pay any unpaid costs shall be made a personal obligation of the property owner(s). The obligation may be recovered against the property owner(s) through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law. The City shall be entitled to recover costs of the civil action, including the City’s Attorney’s fees. D. Attorney’s Fees. In any action or administrative proceeding to enjoin, or abate a nuisance, or seek a civil penalty, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney’s fees; however, the amount of attorney’s fees awarded to a prevailing party shall not exceed the amount of attorney’s fees incurred by the City in the action or proceeding. Further, an award of attorney’s fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney’s fees. E. Request for Hearing on Costs. Any property owner(s) and/or other person(s) having possession and control of the subject property who receives a summary of costs shall have the right to a hearing before the Director. 1. A request for hearing shall be filed with the Department within 10 days following the service by mail of the Department's summary of costs, on a form provided by the Department. 2. Within 30 days following the filing of the request, and on 10 days’ written notice to the owner(s), the Director shall hold a hearing on the owner's objections, and determine their validity. 3. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include: a. Whether the present owner(s) created the violation(s); b. Whether there is a present ability to correct the violation(s); c. Whether the owner(s) moved promptly to correct the violation(s); d. The degree of cooperation provided by the owner(s); and e. Whether reasonable minds differ as to whether a violation(s) exists. 4. The Director’s decision shall be appealable directly to the Planning Commission in compliance with Chapter 18.144 (Appeals).

Santa Clara City Code § 18.152.110 18.152.110 Additional Permit Fees

Any person who establishes a land use, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any permit required by SCCC Title 18, shall pay the additional permit processing fees established by the Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.

Santa Clara City Code § 18.152.120 Reinspection Fees

A. Amount and Applicability of Reinspection Fee. 1. A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of SCCC Title 18 or the City Code, adopted Building Code, or State law. a. The fee amount shall be established by the Fee Schedule. b. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter. 2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction has been made to the satisfaction of the Director. B. Continuation of the Original Case. 1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of SCCC Title 18, the City Code, or any condition of a permit or other approval for less than 90 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. 2. This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating SCCC Title 18 or the City Code. 3. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of SCCC Title 18 or the City Code, or costs incurred by the City for the abatement of a public nuisance.

Santa Clara City Code § 18.152.130 Limitation of Actions Challenging Certain Decisions

Any action or proceeding to annul, challenge, review, set aside, or void any decision of matters contained in SCCC Title 18 within the authority of jurisdiction of the Director, the Planning Commission, or the Council, or concerning any of the proceedings, acts or determinations taken, done, or made before the decision, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall not be maintained in any court by any person unless the action or proceeding is commenced within 30 days after the date of the decision. Thereafter all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the decision or of the proceedings, acts, or determinations.

Santa Clara City Code § 18.152.140 Conclusive Notice

A. Mailings.Whenever a notice is required to be given under this code, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the city or other records pertaining to the matter to which such notice is directed. Service by mail shall be conclusively deemed to have been completed at the time of deposit in the post office. B. Postings. Further, the posting of notice of a hearing or order in compliance with SCCC Title 18 shall be conclusively deemed to be adequate notice to any and all occupants, users, or possessors of the property or its contents and the failure of the occupant, user, or possessor to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings. -This page intentionally left blank-
Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026

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