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This title shall be administered and enforced by the department. The department shall cause any encroachment or use authorized by encroachment permit to be administered and inspected at sufficient intervals to ensure compliance with the terms, conditions and requirements of any issued encroachment permit and this title. Any person who performs any of the acts for which an encroachment permit is required by this title without first obtaining such permit shall be assessed a permit application fee twice the amount specified in the resolution of the Board.

Any person who violates any provision of this title: any condition of any encroachment permit issued hereunder; fails, neglects, or refuses to comply with any requirements of the director, this title or any encroachment permit issued hereunder; or performs any of the acts for which an encroachment permit is required by this title without first obtaining such permit, shall be guilty of an infraction. Each day any violation of this title continues shall constitute a separate offense punishable as provided herein. The violation of any provisions of this title shall constitute a public nuisance subject to abatement in any manner authorized by law; including, but not limited to, summary abatement by the director, pursuant to the California Streets and Highways Code § 1483 and the Cal. Civ. Code § 3494; abatement by actions authorized in the Cal. Penal Code § 373(a) and the California Streets and Highways Code, Chapter 5.5, Division 2 (commencing with Cal. Sts. & High. Code §1450), and Chapter 6, Division 2 (commencing with Cal. Sts. & High. Code § 1500); and by suit for injunction.

The department and the County District Attorney or other appropriate law enforcement personnel shall immediately pursue enforcement, abatement, prosecution against any person violating any provision of this title. (Ord. 902, eff. 7/6/00. Formerly 35.21)

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