All land, buildings and structures within the incorporated portions of the city shall be used only as hereinafter provided. No use of land, and no use, construction, maintenance, operation, reconstruction or enlargement of any building or structure shall be allowed unless permitted under the express provisions of this title or by other applicable ordinances of the city.
(A) Private Projects:
1. No land, building or structure shall be used, constructed, altered or maintained, except in conformance with the provisions of this title.
2. No use that requires a permit or approval under the provisions of this title shall be established or operated until the permit or approval is finally granted, and all conditions of the permit or approval have been complied with.
3. No use that requires a permit or approval under the provisions of this title shall be established or operated in violation of, or contrary to, any terms and conditions of the granted permit or approval.
4. No building or structure, or any part of an existing building or structure, may be constructed or altered in such a way as to cross a property line.
(B) Public Projects: Unless otherwise exempted, federal, state, county, city and any other governmental projects shall be subject to the provisions of this title, including projects operated by any combination of these agencies, or by a private person for the benefit of any such governmental agency.
(C) Legal Procedure: Any building or structure erected or maintained, or any use of property contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance, and the city attorney, code enforcement officer, district attorney or other authorized official may immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and may take such other steps, and may apply to such court or courts as may have jurisdiction to grant such relief to abate or remove such building, structure or use and restrain and enjoin any person from setting up, erecting or maintaining such building or structure, or use of any property contrary to the provisions of this title (it shall be the right and duty of every citizen to participate and assist city officials in the enforcement of the provisions of this title).
(D) Subdivisions:
1. The provisions of this title relating to subdivisions shall be controlled by section 66499.30 et seq., of the subdivision map act (map act) and title X, "Subdivisions", of this code.
2. The provisions of the city subdivision ordinance relating to the enforcement and judicial review of subdivisions, as defined in the map act, shall not apply to:
(a) Short term leases pursuant to Government Code section 66411 of the map act.
(b) The exclusions to the provisions of the map act pursuant to Government Code section 66412 therein.
(c) The financing and leasing of commercial and industrial buildings pursuant to Government Code section 66412.1 of the map act.
(d) The construction, financing and leasing of dwelling unit types pursuant to Government Code section 66412.2 of the map act.
(e) Small removable commercial buildings pursuant to Government Code section 66412.5 of the map act.
(f) Parcels created prior to March 4, 1972, pursuant to Government Code sections 66412.7 and 66412.8 of the map act.
(g) Subdivisions previously established pursuant to the provisions of Government Code section 66412.7 of the map act.
(h) The conveyance of land to a public entity for right of way pursuant to Government Code section 66426.5 of the map act. (Ord. 768-08, 8-19-2008)