(a) If the executive director determines that any person or governmental agency has undertaken, or is threatening to undertake, any activity that (1) may require a permit from the commission without securing a permit or (2) may be inconsistent with any permit previously issued by the commission, the executive director may issue an order directing that person or governmental agency to cease and desist. The order may be also issued to enforce any requirements of a certified local coastal program or port master plan, or any requirements of this division which are subject to the jurisdiction of the certified program or plan, under any of the following circumstances:
(1) The local government or port governing body requests the commission to assist with, or assume primary responsibility for, issuing a cease and desist order.
(2) The commission requests and the local government or port governing body declines to act, or does not take action in a timely manner, regarding an alleged violation which could cause significant damage to coastal resources.
(3) The local government or port governing body is a party to the violation.
(b) The cease and desist order shall be issued only if the person or agency has failed to respond in a satisfactory manner to an oral notice given in person or by telephone, followed by a written confirmation, or a written notice given by certified mail or hand delivered to the landowner or the person performing the activity. The notice shall include the following:
(1) A description of the activity which meets the criteria of subdivision (a).
(2) A statement that the described activity constitutes development which is in violation of this division because it is not authorized by a valid coastal development permit.
(3) A statement that the described activity be immediately stopped or the alleged violator may receive a cease and desist order, the violation of which may subject the violator to additional fines.
(4) The name, address, and phone number of the commission or local government office which is to be contacted for further information.
(c) The cease and desist order may be subject to such terms and conditions as the executive director may determine are necessary to avoid irreparable injury to any area within the jurisdiction of the commission pending action by the commission under Section 30810.
(d) The cease and desist order shall be effective upon its issuance, and copies shall be served forthwith by certified mail upon the person or governmental agency subject to the order.
(e) A cease and desist order issued pursuant to this section shall become null and void 90 days after issuance.
(Added by Stats. 1991, Ch. 761, Sec. 3.)
Last modified: October 25, 2018