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§ 10.208.010   Purpose.
   The purpose of this chapter is to provide a mechanism for enforcing the provisions of this title. Further, to insure that Tulare’s planning efforts are achieved and that the public health, safety and welfare is protected.
(1995 Code, § 10.208.010) (Ord. 00-1854, passed - -2000)
§ 10.208.020   Administration.
   The Director of the Planning and Building Department shall be responsible for enforcing the provisions of this title, including objectives, conditions, development standards and processing procedures; issuing citations and making arrests pursuant to Cal. Penal Code § 836.5.
(1995 Code, § 10.208.020) (Ord. 00-1854, passed - -2000)
§ 10.208.030   Violation.
   (A)   Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained, contrary to the provisions of this title, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties set forth in this chapter and/or revocation procedures contained in other chapters of this title.
   (B)   Any permit, certificate or license issued subsequent to the effective date of and in conflict with this title shall be null and void.
(1995 Code, § 10.208.030) (Ord. 00-1854, passed - -2000)
§ 10.208.040   Right-of-entry.
   In the discharge of enforcement duties authorized persons shall have the right to enter any site or to enter any structure for the purpose of investigation and inspection. The right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order from the court has been issued.
(1995 Code, § 10.208.040) (Ord. 00-1854, passed - -2000)
§ 10.208.050   Abatement.
   (A)   Any person violating any provisions of this title shall be guilty of an infraction pursuant to Cal. Penal Code § 19(c) and upon conviction thereof shall be subject to the general penalty provisions of this chapter. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued or permitted by the person and shall be punishable by the person and shall be punishable as herein provided.
   (B)   Any structure erected, moved, altered, enlarge or maintained and any use of a site contrary to the provisions of this title is hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant the relief as will remove or abate the structure or use and restrain or enjoin the person from erecting, moving, altering or enlarging the structure or using the site contrary to the provisions of this title.
   (C)   All remedies provided for herein shall be cumulative and not exclusive.
(1995 Code, § 10.208.050) (Ord. 00-1854, passed - -2000)
§ 10.208.060   Penalties.
   (A)   (1)   Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision(s) of this title or any condition imposed on an entitlement, permit or license, or violating or failing to comply with any order made hereunder, shall be guilty of an infraction or a misdemeanor and, upon conviction thereof, shall be punished by:
         (a)   A fine not exceeding $50 for a first violation;
         (b)   A fine not exceeding $100 for the second violation of the same provision of this title within one year; and
         (c)   A fine not exceeding $250 for each violation of the same provision of this title within one year.
      (2)   The phrase VIOLATION OF THE SAME ORDINANCE, as used in this section, means and refers to a violation of the same numbered section of the Tulare Zoning title. In addition, each day such violation continues shall be regarded as a new and separate offense.
   (B)   The city may impose fees on applicants to cover the full costs incurred by the city for the monitoring and enforcement of the requirements of this title as well as those conditions and mitigation measures imposed on an approved permit or license.
(1995 Code, § 10.208.060) (Ord. 00-1854, passed - -2000)