Code Compliance

The beauty, peacefulness and safety of our neighborhoods make Monterey one of the most desirable places to live in the country. Code Compliance plays an important role in maintaining the quality of our neighborhoods. Code Compliance deals with a range of neighborhood issues, from abandoned vehicles parked in yards or driveways to illegal conversions of garages into living spaces and unsanitary buildup of trash and debris on private property.

The first “tool” in enforcing codes in Monterey is public education. When we explain that a law is being broken, most problems are resolved quickly. Actual code compliance (usually by way of issuing citations) is normally used only when we don’t gain voluntary cooperation. We stay in contact with community groups to understand local concerns, and we welcome all questions regarding your neighborhood issues.

 

Short Term Rental Hotline and Online Complaint Link

Host Compliance LogoOn September 12, 2017 the City of Monterey sent out a news release letting the community know that advertising of short term residential rentals is prohibited in Monterey neighborhoods, and notices and potential fines begin October 1, 2017. Enforcement of Monterey City Code (MCC), Section § 22-19.5 "Advertisement of short-term rentals" ordinance has begun. To date, we have sent out over eighty warning letters to owners of properties in non-compliance.

Now you can join in the effort to work toward full compliance throughout Monterey neighborhoods. The City of Monterey is working with Host Compliance, a leading provider of short-term rental compliance monitoring and enforcement solutions for local governments. Host Compliance offers two ways you can report addresses that are potentially in violation: a short term rental telephone hotline - 435-STR-HELP (787-7357) - and an online form to submit your complaint - https://hostcompliance.com/tips. Both reporting options are available 24 hours a day/seven days a week for neighbors to report non-emergency problems related to short-term rental properties.

Please refer to the September 12 news release for more details about fines and the ordinance, http://monterey.org/Portals/0/Newsroom/2017/17_0912-Short-Term-Rental-ComplianceNR.pdf.

Thank you for your awareness, interest and support in ensuring advertising of short term rentals doesn’t adversely impact Monterey neighborhoods and residents’ abilities to find affordable housing options.

Hotline: 435-STR-HELP (787-4357)

https://hostcompliance.com/tips

Tobacco Licensing

Tobacco licensing for retail establishments is managed through the Monterey County Health Department. Below are links to the Monterey County tobacco retail license web page and an FAQ.

Monterey County Health DepartmentFor more information, please contact:
Andrea Estrada
(831) 755-4382
EstradaA1@co.monterey.ca.us

Monterey County Tobacco Licensing Web Page

Compliance Examples

The City receives questions about code enforcement issues almost daily. Here we try to answer some of the more recently asked questions.

Pocket Motorcycles, Motorized Scooters

Pocket motorcycles cannot be operated on City streets, sidewalks or other roadways, as they do not meet registration requirements. For more info, visit the CHP Web site at www.chp.ca.gov
Motorized scooters (as defined in the CA Vehicle Code section 407.5) can be operated on City streets that have a speed limit of 25 mph or less. Operators must be at least 16 years old and possess a valid driver license or instruction permit. Helmets are required. Any violations should be reported to the Police Department at 646-3914.

Sleeping in Vehicle in Driveway or Street

Camping and sleeping in motor vehicles or trailers overnight is prohibited by City code.
Camping in Monterey is allowed at Veteran’s Memorial Park. If you have a specific complaint, check with our Code Enforcement Office at 646-3750. Be prepared to give details. Please note that the complaining party’s name, address and phone number are required, as no anonymous complaints will be taken. After normal work hours, contact the Police Department.

Vehicles Parked for Long Time Periods

Vehicles can be parked on City streets in approved parking areas as long as they are currently registered and are moved every 72 hours, unless a shorter time limit is posted. Specific complaints should go to our Code Enforcement Office.

Common Topics

What are the rules pertaining to parking RVs, trailers, and boats?

In the front yard setback (15’), vehicles (boats, RVs and trailers) shall be parked on the driveway apron in front of covered parking. There shall be no parking in the front/side yard setback on non-driveway aprons. Vehicles must be parked on an all-weather surface. This is defined as concrete, asphalt, or gravel.

Vehicle Parking in R-1 zone, see MCC 38-23 D 5 b
Driveway Design Standards, see MCC 38-122

What are the rules pertaining to parking commercial vehicles in residential districts?

Not more than one commercial vehicle may be parked on or adjoining any one lot. Vehicles over 22 feet in length and/or more than 7.5 feet in height and/or having a bed width of 7 feet or greater shall be kept behind the required garage setback line (20’).

Commercial Vehicle Parking in R-1 Districts, see MCC 38-26 L 1

What are the rules pertaining to inoperable vehicles or vehicles without current registration?

Inoperative vehicles or vehicles without current registration shall be stored inside a garage or other enclosed structure or behind the required garage setback line (20’) and screened from public view.

Inoperable/Unregistered Vehicles, see MCC38-26 L 2

What are the rules pertaining to using RVs or trailers for habitation?

It is illegal to use RVs or trailers as living quarters in residential neighborhoods.

Living in RVs/Trailers, see MCC38-26 L 3

What are the rules pertaining to washing vehicles?

Individual private vehicle washing is exempt per §31.5-12(b). We do discourage washing vehicles in a location that would allow the water runoff to go directly into a storm drain as this water does not get treated. Alternatives include going to a commercial car wash, choosing biodegradable soap, washing on the lawn, emptying wash water into a sink or toilet, and exploring alternative fundraising opportunities other than car washes.

What are the rules pertaining to weed abandonment?

No property owner may allow weeds or other combustible material to accumulate on their property such that they constitute a public nuisance and/or fire hazard.

Weed Abatement, see MCC 14-10

What are the rules pertaining to yard/garage sales?

Yard/garage sales are allowed to take place in residential neighborhoods and no permit is required. There is no restriction on the number of sales a person can hold. However, if it is noted that a particular residence is holding frequent yard/garage sales over an extended period, it could eventually be determined that the resident is conducting a commercial business. Because commercial businesses are generally not permitted in residential areas, this type of use would not be allowed. Posters advertising garage sales are permitted but may NOT be posted on utility poles, trees or where they might interfere with a driver’s line of sight and must be taken down after the garage sale is over.

Who is responsible for maintaining the sidewalks in residential districts?

It is the property owners’ responsibility to properly maintain frontage sidewalks on their property and to keep them free of debris and trip hazards including lift or debris hazards caused by street trees. Property owners may be held liable to persons injured or property damaged as a result of their failure to periodically inspect and properly maintain their frontage sidewalks.
Sidewalk Repair and Maintenance, see MCC 32-24

What is the public right-of-way and where does it begin?

The public right-of-way begins at the property line and extends to the center of the road. Residents often mistakenly assume that their property begins at the street or sidewalk. While residents are responsible for maintaining this area, anything placed in the right-of-way, either temporary or permanent, requires an encroachment permit. An example of a temporary encroachment would be a storage container that will be at the location for a week. An example of a permanent encroachment would be the placement of a large boulder for landscaping purposes.

Encroachment Permit Application
Fence Information Sheet
R-1 Standards

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Contact Us

Planning Office
570 Pacific St
Monterey, CA 93940
Voice: (831) 646-3885
Fax: (831) 646-3408

Hours:

8am - 5pm, Monday - Friday
Closed: 12pm - 1pm
Planners are available from 10am -12pm and 1pm - 3pm

Staff

Kimberly Cole
Community Development Director
cole@monterey.org

Ande Flower
Principal Planner
flower@monterey.org

Fernanda Roveri
Senior Associate Planner
roveri@monterey.org

Chris Schmidt
Senior Associate Planner
schmidt@monterey.org

Christy Sabdo
Associate Planner
sabdo@monterey.org

Jennifer Cleary
Administrative Assistant
cleary@monterey.org

Administrative Citation Appeals

If you have received an administrative citation for violations of the Monterey City Code and wish to appeal the citation, you must do so within 30 days of the date of the citation by submitting the hearing request form to the Finance Department together with an advance deposit of the total fine amount or an advance hardship waiver application form.    

Monterey City Code

Monterey is one of over a hundred charter cities in the State of California. A Charter City is governed on the basis of a charter, similar to a constitution, that establishes the powers and authorities of the city as opposed to a General Law City that enjoys only those powers specifically granted to it by the State. Changes to a Charter must be approved by a vote of the citizens of Monterey.

The Monterey Municipal Code (M.C.C.) is a compilation of the City Charter and all ordinances adopted by the Council. Currently there are 39 chapters in the code in addition to the Charter. Some M.C.C. chapters are referred to as ordinances. When used this way the term ordinance does not mean a single legislative action, but a compilation of all legislative actions on a particular topic. For example, M.C.C Chapters 33 and 38 are adopted and cited as the Zoning Ordinance and the Subdivision Ordinance.