2005 California Public Resources Code Sections 30800-30812 Article 1. General Provisions

30800.  The provisions of this chapter shall be in addition to any
other remedies available at law.
30801.  Any aggrieved person shall have a right to judicial review
of any decision or action of the commission by filing a petition for
a writ of mandate in accordance with Section 1094.5 of the Code of
Civil Procedure, within 60 days after the decision or action has
become final.
   For purposes of this section and subdivision (c) of Section 30513
and Section 30625, an "aggrieved person" means any person who, in
person or through a representative, appeared at a public hearing of
the commission, local government, or port governing body in
connection with the decision or action appealed, or who, by other
appropriate means prior to a hearing, informed the commission, local
government, or port governing body of the nature of his concerns or
who for good cause was unable to do either.  "Aggrieved person"
includes the applicant for a permit and, in the case of an approval
of a local coastal program, the local government involved.
30802.  Any person, including an applicant for a permit or the
commission, aggrieved by the decision or action of a local government
that is implementing a certified local coastal program or certified
port master plan, or is exercising its powers pursuant to Section
30600.5, which decision or action may not be appealed to the
commission, shall have a right to judicial review of such decision or
action by filing a petition for writ of mandate in accordance with
the provisions of Section 1094.5 of the Code of Civil Procedure
within 60 days after the decision or action has become final.  The
commission may intervene in any such proceeding upon a showing that
the matter involves a question of the conformity of a proposed
development with a certified local coastal program or certified port
master plan or the validity of a local government action taken to
implement a local coastal program or certified port master plan.  Any
local government or port governing body may request that the
commission intervene.  Notice of this action against a local
government or port governing body shall be filed with the commission
within five working days of the filing of this action.  When an
action is brought challenging the validity of a local coastal program
or certified port master plan, a preliminary showing shall be made
prior to proceeding on the merits as to why such action should not
have been brought pursuant to the provisions of Section 30801.
30803.  (a) Any person may maintain an action for declaratory and
equitable relief to restrain any violation of this division, of a
cease and desist order issued pursuant to Section 30809 or 30810, or
of a restoration order issued pursuant to Section 30811.  On a prima
facie showing of a violation of this division, preliminary equitable
relief shall be issued to restrain any further violation of this
division.  No bond shall be required for an action under this
section.
   (b) A court may stay the operation of the cease and desist order
after it provides notice to the commission and holds a hearing.  Any
such stay may be imposed or continued only if it is not against the
public interest.
30804.  Any person may maintain an action to enforce the duties
specifically imposed upon the commission, any governmental agency,
any special district, or any local government by this division.  No
bond shall be required for an action under this section.
30805.  Any person may maintain an action for the recovery of civil
penalties provided for in Section 30820 or 30821.6.
30805.5.  Any action pursuant to Sections 30805 or 30822 to recover
civil fines or penalties under this chapter shall be commenced not
later than three years from the date on which the cause of action for
the recovery is known or should have been known.
30806.  (a) Any civil action under this division by, or against, a
city, county, or city and county, the commission, special district,
or any other public agency shall, upon motion of either party, be
transferred to a county or city and county not a party to the action
or to a county or city and county other than that in which the city,
special district, or any other public agency which is a party to the
action is located.
   (b) In any action brought by or against any local government,
other than an action brought by or against the commission, that
involves the enforcement or implementation of its certified local
coastal program, the Department of Justice shall, upon the request of
the local government, provide such legal assistance as its resources
permit.
30808.  In addition to any other remedy provided by this article,
any person, including the commission may bring an action to restrain
a violation of the terms and conditions of an urban exclusion imposed
pursuant to Section 30610.5.  In any such action the court may grant
whatever relief it deems appropriate to ensure compliance with the
terms and conditions of the urban exclusion.
30809.  (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.
30810.  (a) If the commission, after public hearing, determines that
any person or governmental agency has undertaken, or is threatening
to undertake, any activity that (1) requires a permit from the
commission without securing a permit or (2) is inconsistent with any
permit previously issued by the commission, the commission may issue
an order directing that person or governmental agency to cease and
desist.  The order may also be 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 may be subject to such terms and
conditions as the commission may determine are necessary to ensure
compliance with this division, including immediate removal of any
development or material or the setting of a schedule within which
steps shall be taken to obtain a permit pursuant to this division.
   (c) Notice of the public hearing on a proposed cease and desist
order shall be given to all affected persons and agencies and the
order shall be final and effective upon the issuance of the order.
Copies shall be served immediately by certified mail upon the person
or governmental agency subject to the order and upon other affected
persons and agencies who appeared at the hearing or requested a copy.
  The notice shall include a description of the civil remedy to a
cease and desist order, authorized by Section 30803.
30811.  In addition to any other authority to order restoration, the
commission, a local government that is implementing a certified
local coastal program, or a port governing body that is implementing
a certified port master plan may, after a public hearing, order
restoration of a site if it finds that the development has occurred
without a coastal development permit from the commission, local
government, or port governing body, the development is inconsistent
with this division, and the development is causing continuing
resource damage.
30812.  (a) Whenever the executive director of the commission has
determined, based on substantial evidence, that real property has
been developed in violation of this division, the executive director
may cause a notification of intention to record a notice of violation
to be mailed by regular and certified mail to the owner of the real
property at issue, describing the real property, identifying the
nature of the violation, naming the owners thereof, and stating that
if the owner objects to the filing of a notice of violation, an
opportunity will be given to the owner to present evidence on the
issue of whether a violation has occurred.
   (b) The notification specified in subdivision (a) shall indicate
that the owner is required to respond in writing, within 20 days of
the postmarked mailing of the notification, to object to recording
the notice of violation.  The notification shall also state that if,
within 20 days of mailing of the notification, the owner of the real
property at issue fails to inform the executive director of the owner'
s objection to recording the notice of violation, the executive
director shall record the notice of violation in the office of each
county recorder where all or part of the property is located.
   (c) If the owner submits a timely objection to the proposed filing
of the notice of violation, a public hearing shall be held at the
next regularly scheduled commission meeting for which adequate public
notice can be provided, at which the owner may present evidence to
the commission why the notice of violation should not be recorded.
The hearing may be postponed for cause for not more than 90 days
after the date of the receipt of the objection to recordation of the
notice of violation.
   (d) If, after the commission has completed its hearing and the
owner has been given the opportunity to present evidence, the
commission finds that, based on substantial evidence, a violation has
occurred, the executive director shall record the notice of
violation in the office of each county recorder where all or part of
the real property is located. If the commission finds that no
violation has occurred, the executive director shall mail a clearance
letter to the owner of the real property.
   (e) (1) The notice of violation shall be contained in a separate
document prominently entitled "Notice of Violation of the Coastal
Act."  The notice of violation shall contain all of the following
information:
   (A) The names of the owners of record.
   (B) A legal description of the real property affected by the
notice.
   (C) A statement specifically identifying the nature of the alleged
violation.
   (D) A commission file number relating to the notice.
   (2) The notice of violation, when properly recorded and indexed,
shall be considered notice of the violation to all successors in
interest in that property. This notice is for informational purposes
only and is not a defect, lien, or encumbrance on the property.
   (f) Within 30 days after the final resolution of a violation that
is the subject of a recorded notice of violation, the executive
director shall mail a clearance letter to the owner of the real
property and shall record a notice of recision in the office of each
county recorder in which the notice of violation was filed,
indicating that the notice of violation is no longer valid.  The
notice of recision shall have the same effect of a withdrawal or
expungement under Section 405.61 of the Code of Civil Procedure.
   (g) The executive director may not invoke the procedures of this
section until all existing administrative methods for resolving the
violation have been utilized and the property owner has been made
aware of the potential for the recordation of a notice of violation.
For purposes of this subdivision, existing methods for resolving the
violation do not include the commencement of an administrative or
judicial proceeding.
   (h) This section only applies in circumstances where the
commission is the legally responsible coastal development permitting
authority or where a local government or port governing body requests
the commission to assist in the resolution of an unresolved
violation if the local government is the legally responsible coastal
development permitting authority.
   (i) The commission, 24 months from the date of recordation, shall
review each notice of violation that has been recorded to determine
why the violation has not been resolved and whether the notice of
violation should be expunged.
   (j) The commission, at any time and for cause, on its own
initiative or at the request of the property owner, may cause a
notice of recision to be recorded invalidating the notice of
violation recorded pursuant to this section.  The notice of recision
shall have the same effect of a withdrawal or expungement under
Section 405.61 of the Code of Civil Procedure.