Chapter 17.08 — ENFORCEMENT

The purpose of this chapter is to establish the authority and process for enforcement of the requirements of this title and any conditions of approval for the planning permits and entitlements identified in this title for purposes of protecting the public health, safety, and welfare of the city.

(Ord. No. 1000 § 4, 2022)

The city manager, planning director, building official, code enforcement officer, or designees, may issue citations for any violations of this title pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure. Other officials of the city charged by the law with the general duty of enforcing city ordinance shall also enforce the provisions of this title. (Ord. No. 1000 § 4, 2022)

Enforcement of this title shall be as provided in chapter 1.12 (Penalties, Administrative and Civil Remedies, and General Provisions).

(Ord. No. 1000 § 4, 2022)

City officials are authorized to perform inspections related to permit issuance, as follows:

• A. Pre-approval inspections. Every applicant seeking a permit or any other action in compliance with this title shall allow the city officials handling the application access to any premises or property that is the subject of the application.

• B. Post-approval inspections. If the permit or other action in compliance with this title is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.

• (Ord. No. 1000 § 4, 2022)

This section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements.

• A. Revocations. The city's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

• B. Modifications. The city may choose to allow the modification of the operational characteristics instead of revoking an entitlement. These modifications may include operation aspects related to buffers, duration of the entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.

• C. Hearings and notice. The designated approval authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this title. A special notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted.

• D. Review authority action and findings. A land use entitlement or permit may be revoked or modified by the designated approval authority that originally approved the entitlement if any of the following findings can be made:

  1. Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be met.

  2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit.

  3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated.

  4. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status.

  5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute.

6. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance. (Ord. No. 1000 § 4, 2022)