Chapter 17.108 — ADMINISTRATION AND ENFORCEMENT

The following general procedure is set forth to the administration and enforcement of this title. (`78 Code, § 17.108.010.)

Except as provided in this section, a new application can be made for any previously denied land use entitlement. However, if the denial was expressly made “with prejudice” and set forth the reasons for same, no new application will be accepted by the city for one year from the date of such denial. (`78 Code, § 17.108.015.) (Ord. 2176 § 1, 1993. )

(A) Before commencing any work pertaining to the erection, construction, moving, conversion or alteration of any building, or any addition to any building, a permit shall be secured from the Building Inspector by any owner or his or her agent for the work, and no person shall commence any work until and unless the permit has been obtained; provided, further that no such building shall be occupied or used unless a certificate of occupancy, and a license for such use where required, is first obtained from the department or person vested with the duty or authority to issue same.

(B) Each application for a building permit shall be made on a printed form to be furnished by the Building Inspector and shall contain accurate information and location of the lot; the size and location of the buildings on the lot; the dimensions of all yards and open spaces; and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the Building Inspector may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. A careful record of the original of such application shall be kept in the office of the Building Inspector. (`78 Code, § 17.108.020.)

All departments, officials or public employees vested with the duty or authority to issue permits, licenses or certificates of occupancy, where required by law, shall conform to the provisions of this title. No such permit, license or certificate for buildings, uses or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such permit, license or certificate, if issued in conflict with the provisions thereof, shall be null and void.

(`78 Code, § 17.108.030.)

The provisions of this title shall apply to all buildings, improvements, lots and premises owned, leased, operated or controlled by the city or any department thereof or by any other municipal or quasi-municipal corporation or governmental agency.

(`78 Code, § 17.108.040.)

(A) Nonconforming uses . Any use legally occupying an existing building at the time Ordinance No. 688 of this city became effective may be continued, but shall not be changed unless a certificate of occupancy for the new use shall have been issued by the Building Inspector after finding out that such use conforms with the provisions of this title.

(B) Land . A certificate of occupancy shall be applied for before any vacant lot is hereafter used or before an existing use of vacant land is changed, and the Building Inspector shall issue such certificate within ten days after the application is filed; provided such use is in conformity with the provisions of this title; provided, further, that no certificate of occupancy shah be required where the land is to be used for tilling the soil and growing therein farm, garden or orchard products.

(`78 Code, § 17.108.050.)

In accordance with the provisions of the State Conservation and Planning Law, Cal. Gov’t Code Title 7, the City Planning Commission shall administer regulations of the title and amendments thereto; act as Board of Adjustment; hear and act upon all matters involving variances and conditional use permits; and recommend with reference to revocation of conditional use permits; hear and act upon suspensions or modifications of planned rights-of-way; and perform such other duties as are requested by the City Council. (`78 Code, § 17.108.060.)

It shall be the duty of the Planning Director, the Senior Building Official and the Code Enforcement Officer of the Planning Department to enforce the provisions of this title except Chapters 17.41 and 17.71 of this title. (`78 Code, § 17.108.070.) (Ord. 1809 § 20, 1986.)

It shall be the duty of the Police Department and all officers of the city otherwise charged with the enforcement of the law to enforce this title.

(`78 Code, § 17.108.080.)

The City Attorney, upon request of the Council, shall institute any necessary legal proceedings to enforce the provisions of this title, and he or she is authorized, in addition to the remedy provided in this chapter , to institute an action for an injunction to restrain or any other appropriate action or proceeding to enforce such provisions. (`78 Code, § 17.108.090.)

Whenever the phrase “ site plan ” is used in this title, it means “ development plan .”

(`78 Code, § 17.108.100.)

Notwithstanding any procedural time limitations for zoning action, as provided in this title, as to applications for changes of zone, conditional use permits, special use permits and variances, the time limitations shall be tolled from the date of their commencement until all the objectives, criteria and procedures, as provided in Resolution No. 73-51, for the environmental assessment of such projects and the preparation of environmental impact reports have been met. If the time limitations are tolled, the time shall not resume to run until the time period for certain actions pursuant to said Resolution No. 73-51 has expired.

(`78 Code, § 17.108.110.)

In interpreting the provisions of this title, they shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this title imposes a greater restriction upon the use of buildings or land, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this title shall control. Whenever there is any question regarding the interpretation of the provisions of this title or their application to any specific case or situation, the Commission shall interpret the intent of this title by written decision, and such interpretation shall be following in applying the provisions. (`78 Code, § 17.108.120.)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy or maintain any real or personal property or portion thereof in the city or cause the same to be done contrary to or in violation of any provisions of this title. Likewise, it shall be unlawful for any person to carry out the use of a major or minor conditional use permit, precise plan, precise plan modification, or minor precise plan modification in violation of any of the conditions of approval, which are incorporated by reference in this title. Unless a different penalty is prescribed for violation of a specific provision of this title, any person violating any of the provisions or failing to comply with the requirements of this title, or with the conditions of approval of a major or minor conditional use permit, precise plan, precise plan modification, or minor precise plan modification, is guilty of a misdemeanor or infraction at the discretion of the City Attorney. Each day, or any portion thereof, that such violation or failure to comply continues may be regarded as a new and separate offense and may be punishable accordingly. (`78 Code, § 17.108.130.) (Ord. 2634 § 1, 2003; Ord. 2107 § 6, 1992; Ord. 1809 § 22, 1986; Ord. 1697 § 4, 1983: prior code § 9-1-680(I).)