County Law

Many laws affect property in the unincorporated areas of San Diego County.

See the San Diego County Code of Administrative and Regulatory Ordinances. The General Provisions of the San Diego County Code of Regulatory Ordinances state (emphases added):

11.101 This code shall be known as the “San Diego County Code”....

11.103 This code contains most, but not all, of the regulatory ordinances of the County of San Diego. In addition to this code there is the “Administrative Code” of the County of San Diego....

11.110 In reading section numbers from left to right, the first digit shall designate the title of this code; the second digit shall designate the division of that title. To the right of the second digit is a decimal point. The first digit to the right of the first decimal point designates the chapter of the division provided there are no more than three digits to the right of the first decimal point or no more than three digits between the first decimal point and the second decimal point; e.g., Section 56.101 designates a section in Chapter 1 of Division 6 of Title 5. Where four or more digits follow the first decimal point or four digits are between the first and second decimal points, the first two digits to the right of the first decimal point designate the chapter, e.g., Section 56.10102 designates a section in Chapter 10 of Division 6 of Title 5.

In addition, the San Diego County Zoning Ordinance is "applicable to all of the unincorporated areas of San Diego County" (Zoning Ordinance section 1006.a).




Excerpts from the County Code -- General Provisions


11.111

"Any violation of this code, whether it is an affirmative act, failure to act or failure to comply with any provision of this code is a public nuisance."

11.116

"It shall be unlawful for any person to violate any provision or to fail to comply with any requirement of this code. Any person who violates any provision or fails to comply with any requirement of this code shall be guilty of a misdemeanor except where the code or State Law specifically provides the offense is an infraction. The County and any prosecuting agency have discretion to charge any misdemeanor offense as an infraction.

(a) A conviction for a misdemeanor is punishable by a fine not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both fine and imprisonment.

(b) A conviction for an infraction that violates the County Building Code, Electrical Code, Plumbing Code, Mechanical Code or Fire Code shall be punishable as follows:

(1) A fine of not more than $100 for the first violation;

(2) A fine of not more than $500 for the second violation of the same provision of this code within one year;

(3) A fine of not more than $1,000 for each violation of the same provision of this code within one year.

(c) A conviction for all other infractions shall be punishable as follows:

(1) A fine of not more than $100 for a first violation;

(2) A fine of not more than $200 for a second violation of the same provision of this code within one year;

(3) A fine of not more than $500 for each additional violation of the same provision of this code within one year.

(d) The penalties for the second and additional violations in paragraphs (b)(2) and (3) and (c)(2) and (3), above are based upon the dates the violations occur regardless of the dates of conviction. The increased penalties apply even if multiple violations are prosecuted together.

(e) As used in this code 'conviction' or 'convicted' means a plea of guilty or verdict of guilty or a conviction following a plea of nolo contendere."

11.117

"Each and every day a violation of this code is committed is a separate and distinct offense."

11.118

"Whenever in this code any act or omission is declared to be unlawful, it shall include causing, allowing, aiding or abetting the act or omission."

12.108

"The words 'this code' shall mean the entire San Diego County Code."





Excerpts from the County Code -- Building Code


91.1.105.a

"Except as provided in section 91.1.105.2, no person shall erect, construct, enlarge, alter, repair, maintain, move, improve, remove, convert or demolish a building or structure regulated by this chapter without a separate permit for each building or structure, issued by the building official...."

91.1.110.7

"All work performed pursuant to a permit issued under this chapter shall be inspected by the building official to ensure compliance with all the requirements of this chapter. It shall be unlawful for any person to fail or refuse to obtain any inspection required by this chapter."

91.1.114.1

"It shall be unlawful for any person to use any property or erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, equip, use, occupy or maintain any building or structure, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter, the County Building Code, County Electrical Code, County Plumbing Code or County Mechanical Code."

91.1.114.2

"Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which constitutes a violation of section 91.1.114.1. A property owner shall be considered to have allowed any use or improvement of property occupied by, or under the dominion and control of the owner and the owner shall be responsible for the discontinuance and removal of any violation of section 91.1.114.1. The responsibility under this section shall include property leased to another person. A property owner shall also be responsible for the discontinuing and removing any violation of section 91.1.114.1 that existed on the property at the time the current owner purchased the property."

91.1.114.3

"...Any failure, refusal or neglect to obtain a permit required by this chapter shall be prima facie evidence of the fact that the person responsible to obtain the permit has committed a violation of section 91.1.114.1 and is causing a public nuisance."

91.1.117

"As part of a civil action filed by the County to enforce provisions of this Code, a court may assess a maximum civil penalty of $2500 per violation for each day during which any violation of any provision of this Code is committed, continued, permitted or maintained by such person(s). As part of a civil action, a court may also enjoin a person from violating any provision of this Code and assess a maximum civil penalty of $6000 for each day any person intentionally violates the injunction."





Excerpts from the County Code -- Sign Regulations


51.102

"Signs, marquees, awnings and similar devices regulated by this chapter are also subject to regulations contained in: (a) the County Zoning Ordinance, (b) Title 5, Division 1, Chapter 2, regulating light pollution, (c) Title 9, Division 1, Chapters 1 and 2, relating to erection, construction and placement of structures and (d) other chapters in this code relating to specific types of signs. When more than one regulation applies to a device regulated by the Zoning Ordinance or this code the most restrictive regulation shall apply."

51.103.h

"'Road right of way' means the area designated for use as a street, including the travel portion of the street, the shoulders, curbs, gutters and parkways."

51.103.i

"'Sign' means a device which displays information with words, colors, shapes, lights or symbols to provide information that identifies, promotes, advertises or provides directions to a business or other organization, an event, an individual, a place, a product or service."

51.103.j

"'Street' means a County highway, State highway, other public road or alley, or a private thoroughfare at least ten feet wide that connects with a County highway, State highway, other public road or an alley which provides primary access to an abutting lot."

51.104.a

"It shall be unlawful for a person to construct, erect or install or cause another person to construct, erect or install a sign, marquee or awning or other similar device without a building permit. It shall also be unlawful for a person to commence work to construct, erect or install or cause another person to commence work to construct, erect or install a sign, marquee or awning or other similar device without a building permit."

51.110

"A sign that requires a building permit pursuant to this chapter shall display the sign maker's name. The name shall be clearly legible and displayed in a conspicuous place on the sign."

51.111

"No sign, marquee, awning or similar device shall overhang any portion of a road right of way unless there is a concrete curb and a ten foot parkway adjacent to the property, which extends the full length of the property on which the building or structure is or will be located and the curb meets the County Public Road Standards."

51.112.a

"No person shall install or maintain a sign, marquee, awning or other similar device that will interfere with the vision of a person traveling on a road right of way...."

51.112.b

"No person shall install or maintain a sign, marquee, awning or other similar device that contains the words, 'stop here', 'stop', 'turn here', 'slow', 'detour' or other similar words or phrases that are likely to distract, confuse or mislead a person traveling on a road right of way."

51.118.a

"A sign, other than a sign attached to, supported by or a part of a marquee, may overhang a portion of a street subject to the same conditions and restrictions applicable to a marquee, as provided in this chapter." (See details in 51.114: Signs with overhead clearance less than 8 ft. are not allowed to project over a street right of way. The minimum horizontal clearance between a sign and the street face of the curb is five feet.)





Excerpts from the County Code -- Protection of Highways


71.101.e

"'HIGHWAY' means any public highway, public street, public way, or public place in the unincorporated territory of the County, either owned by the County or dedicated to the public for purpose of travel."

71.101.m

"'ENCROACHMENT' means any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the highway."

71.102

"Every applicant for a permit or license required by this division shall make a written application to the Director."

71.102.1

"In addition to the application required by Section 71.102, supra, the contractor of any such person also shall be required to obtain a permit...."

71.111

"The Director shall not approve the application unless it appears that the work proposed to be done will not significantly damage the highways or create an unreasonable risk of harm to person or property and that the approval of said application is in the public interest...."

71.117

"Except where otherwise specifically provided by this division, every person is guilty of an infraction who, before obtaining a construction, excavation or encroachment permit from the Director so to do:

(a) Moves or causes to be moved along any highway any building or structure.

(b) Makes or causes to be made any excavation, fill or obstruction of, or lays, constructs or repairs any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway.

(c) Places, changes or renews any encroachment in, under or over any portion of a highway."

71.402

"No person shall construct or repair any curb, sidewalk, gutter, commercial driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway, or cause the same to be done, without first obtaining from the Director, Department of Public Works a permit so to do."

71.501.b

"No person shall trim, prune, cut, break, deface, destroy, burn or remove any tree, hedge or shrub from a public or County highway within the unincorporated territory of the County unless authorized in writing to do so by the Director."

71.503

"Any person desiring to trim, prune, or remove any tree, hedge or shrub from any public or County highway shall file an application with the Director."

71.601

"The provisions of this chapter [Chapter 6] apply only to the placing, changing or renewing of an encroachment not subject to the provisions of Chapters 2, 3, 4, or 5 of this division."

71.602

"No person shall place, change or renew an encroachment in, under or over any portion of a highway, pathway or trail, without first obtaining from the Director a written permit in accordance with this chapter and with Chapter 1 of this division."





Excerpts from the Zoning Ordinance


6200

"The provisions of Section 6200 through Section 6249, inclusive, shall be known as the Off-Premise Sign Regulations."

6205

"Off-premise signs may be erected, constructed, placed or maintained only in the locations specified herein and in accordance with an Administrative Permit...."

6205.b

"Prohibited Locations. Off-premise signs are not permitted in any of the following locations:

...5. Upon or over the right-of-way of any public street."

6205.e

"Height.

...2. All signs shall maintain a minimum clearance of 8 feet between the lowest extremity of the sign and the highest ground elevation directly thereunder."

6205.f

"Spacing. Signs shall be located no closer than 500 feet from any other off-premise sign; said distance to be measured on a direct line between signs on the same street and measured along right-of-way lines for signs on intersecting streets."

6211

"Issuance of Administrative Permits does not eliminate the need for obtaining a building permit pursuant to the Uniform Building Code."

6214.a

"Notwithstanding the Nonconformity Regulations commencing at Section 6850 every sign that does not conform to these regulations shall be deemed to be nonconforming and shall be removed, or altered to conform with these regulations as follows:

a. Illegal/Abandoned Signs. Illegal and/or abandoned signs shall be removed or brought into conformance immediately...."

7703

"It shall be unlawful for any person to use any property or erect, construct, enlarge, alter, repair, move, remove, improve, convert or demolish, equip, use, occupy or maintain any building or structure, or cause the same to be done, contrary to or in violation of any of the provisions of this Ordinance. Any person violating any of the provisions of this Ordinance, including the violation of any condition of a use permit, site plan, administrative permit, variance, or other discretionary permit shall be deemed guilty of a misdemeanor unless, in the discretion of the prosecutor, it is charged as an infraction."

7703.a

"Each day or portion of a day that any person violates or continues to violate this ordinance constitutes a separate offense and may be charged and punished separately without awaiting conviction on any prior offense."

7703.b

"Any person convicted of a misdemeanor under this ordinance shall be punished by imprisonment in the County jail not exceeding six months, or by a fine not exceeding $1,000, or by both."

7703.c

"Any person convicted of an infraction under this ordinance shall be punished by a fine not exceeding $100 for the first violation; by a fine not exceeding $200 for a second violation of this ordinance within one year; and by a fine not exceeding $500 for each additional violation of the same provision of this ordinance committed by that person on the same site within one year."

7703.d

"Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this ordinance."

7703.e

"...any use of property contrary to the provisions of these regulations shall be and the same is hereby declared to be unlawful and a public nuisance, and any failure, refusal or neglect to obtain a permit as required by the terms of this ordinance shall be prima facie evidence of the fact that a nuisance has been committed...."

7703.g

"...As part of a civil action filed by the County to enforce provisions of this Ordinance, a court may assess a maximum civil penalty of $2500 per violation of The Zoning Ordinance for each day during which any violation of any provision of this Ordinance is committed, continued, permitted or maintained by such person(s)...."

1007

"In addition to the provisions of Section 7703 VIOLATIONS AND PENALTIES, a property owner shall be considered to have allowed any use of property occupied by, or under the dominion and control of, the owner, and shall be responsible for the discontinuance and removal of any violation of The Zoning Ordinance...."