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Section 8

Specific Plan Enforcement

8.10 Specific Plan Enforcement

The provisions of the specific plan shall generally be enforced in a manner identical to the prevailing City procedure to enforce the provisions of City wide zoning.  The City shall monitor compliance with the Specific Plan and mitigation measures at these stages:

a. During the review and approval of subsequent development permits and use permits.

b. During the review of working drawings, and prior to the issuance of grading, building, or tree removal permits.

c. Prior to the issuance of a Certificate of Occupancy for any building within the specific plan area.

d. Prior to the recording of any parcel map or final map within the specific plan boundaries.

e. Upon receipt of any written citizen complaint alleging and providing evidence that the specific plan requirements or subsequent project approval conditions have been violated.  Such written citizen complaints shall be kept anonymous unless disclosure of the complainant is required for court action against the violating party.

8.20 Notice of Violation

In addition to remedies for zoning violation used throughout the City, the City may record a Notice of Violation against the real property where the violation exists, after first holding a public meeting of the City Council where the property owner has been notified by registered mail at least 10 days in advance.  Such Notice of Violation shall be filed with the Nevada County Recorder and shall include the following information:

a. A brief description of the nature of the violation;

b. A legal description of the real property where the violation exists;

c. Contact information where additional information can be obtained regarding the violation and its remediation requirement;

d. An Aauthorization to record@ statement citing the resolution and/or date of the Council=s action directing that the Notice of Violation be filed.

8.30 Notice of Correction

Upon successful remediation or correction of any violation where a Notice of Violation has been filed, the City staff is hereby authorized and required, within 10 days of successful remediation, to file a Notice of Correction with the Nevada County Recorder, containing the following information:

a. The statement that the notice is intended to evidence that a notice of violation has been remediated and corrected to the City=s satisfaction and that the subject violation no longer exists.

b. The recording information of the Notice of Violation.

c. A legal description of the real property where the violation has been corrected.

d. Contact information where additional information can be obtained regarding the correction of the violation.

e. An Aauthorization to record@ statement citing this specific plan ordinance which authorizes the Notice of Correction to be filed.

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