Chapter 49- Enforcement
49.010 Interpretation – Generally.
49.020 Enforcement – Duties.
49.030 Enforcement procedures.
49.010 Interpretation – Generally.
Except as specifically provided herein, the land use designations and the land development regulations shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of law or ordinance, or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or the enlargement of any building or improvement. Except that where the Land Use Element of this General Plan imposes greater restrictions than is imposed or required by an existing law, ordinance or regulation; the provisions of this General Plan shall control. Consult Section 04.030 B for "Interpretation of Similar Uses.”
The remedies provided for in this chapter shall be in addition to any other remedies or penalties provided in Land Use Element or any other law or ordinance.
49.020 Enforcement – Duties.
- Building Official: The building official or his/her authorized representative shall enforce the provisions pertaining to building height and minimum setbacks.
- Environmental Health director: The Environmental Health director shall enforce provisions pertaining to the regulation of food establishments, sewage disposal facilities, water systems, well construction, swimming pools, and recreational health facilities, occupied housing, underground storage tank facilities, solid waste facilities, land use development, rabies and vector control, and the management of hazardous waste/materials.
- Community Development director: The Community Development director or his/her authorized representative shall enforce provisions pertaining to use of land and structures, and maintenance and use of property, structures and buildings so far as matters of health are concerned on a complaint basis.
49.030 Enforcement procedures.
- Any person, company or corporation that causes any use to be established, any structure to be altered, converted, moved or commenced contrary to the provisions of land use designations and the land development regulations shall be notified by the Community Development director or his/her authorized representative to correct all violations through the issuance of a Notice of Violation.
The notice shall be served upon the owner of the property by registered or certified mail and shall be sent to the persons shown on the latest equalized County tax roll to be the owners of the property. Such notice shall contain the following information: location of the property, name of the property owner(s), nature of the violation, an order to correct the violation/completion of abatement within 30 days, and a statement that if not corrected as specified, the violation will be enforced pursuant to Mono County Code sections 1.12 and/or 7.20, or will be referred immediately to the District Attorney for enforcement proceedings.
- If, upon the expiration of the period specified in the Notice of Violation, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been pursued with due diligence nor completed within the time specified, the Director or his/her authorized representative shall effect enforcement by any of the following:
- Transmit a copy of the Notice of Violation to the Office of the District Attorney along with notification that the violation has not been corrected. The District Attorney shall commence the necessary action or proceedings for the abatement, removal and enjoinment thereof in the manner prescribed by law, in a court that may have jurisdiction to grant such relief that will accomplish such abatement and restraint; or
- Transmit the Notice of Violation along with a request to commence nuisance abatement proceedings to the Board of Supervisors as permitted in Chapter 7.20 of the Mono County Code.
- Issue an administrative citation pursuant to Mono County Code section 1.12.
