Chapter 27.68 — MAINTENANCE OF PROJECT SITE

The Council finds that the community's standard of care and maintenance of real property in the City is significantly higher than the standard established by Titles 7 and 10 of this code for creation of a public nuisance. It is, therefore, a matter of public concern when a site for an approved development is allowed to deteriorate for a period of time before construction begins even if it does not become a public nuisance under this code. This chapter is intended to provide

the enforcement power to compel and the incentive otherwise lacking for the owner and the project developer to maintain the property at a level consistent with the neighboring properties and its condition at the time of the project approval. These measures are needed to prevent unnecessary loss of tax revenues and park in-lieu fees caused by the depreciating effect of the site's condition, to protect the health, safety, and general welfare of the City, and to safeguard the aesthetic standards of the community.

(a) Prior to approval of a project pursuant to this title, any violations of Federal, State, or local laws existing on the site shall be corrected so that all structures are habitable and free from all public nuisances. If the property owner or applicant believes that it is not feasible to restore existing structures to a habitable condition, the owner or applicant may present evidence of infeasibility and request that a demolition permit be issued. The Planning Commission shall review the request as part of the planning application, and may grant the request if it makes all the findings in Section 23.06.035(f)(1)(F). The decision of the Planning Commission may be further appealed to the City Council pursuant to Section 27.08.090.

(b) After approval of a project pursuant to this title and until a building or demolition permit is issued and construction or demolition for the project has begun, the owner of the project site and the owner of the development rights for the project shall maintain the structures and the project site so that they are habitable and free of all public nuisances, and shall prevent visible deterioration of the grounds or structures on the site from their condition and appearance at the time of the project approval.

(a) At the written request of any person, the Community Relations Commission shall conduct a compliance review hearing to determine whether the site of a project that has been approved but not yet begun has been maintained in accordance with this chapter. This review shall be conducted in the same manner as all other reviews by the Commission under this title, except that notice to the owners of property within 300 feet of the site as required by this title shall also be given 10 days before the hearing date.

(b) In making its determination, the Community Relations Commission may rely on dated photographs showing the site before, but not more than six months before, the project was approved and any time after the approval. In the absence of or in addition to this photographic

evidence, the Commission may base its decision on the testimony of any two eyewitnesses giving evidence of deterioration or on a written report by the landscape resources, building, or bureau of fire prevention and life safety divisions or the health official based on on-site inspections by the reporting official before and after approval of the project. The Commission shall permit testimony from the public at the hearing.

(c) If a public nuisance has been determined to exist on the site concerned pursuant to Chapter 10.08 before the date of the review hearing under this chapter, that finding shall be binding and conclusive on review under this chapter. If it was determined pursuant to Chapter 10.08 that no public nuisance existed on the site, that decision shall have no force or effect on the review under this chapter.

(d) The determination of the Community Relations Commission under this chapter shall be subject to appeal as provided by Chapter 27.08.

(a) It is unlawful for an owner of the site or owners of development rights on a site to violate any provisions of this chapter.

(b) Any person or entity who violates the provisions of this chapter shall be liable civilly in a sum of $5,000.00 per parcel.

(c) The remedies in this section are cumulative and in addition to any and all remedies available under law or equity.

The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. No legally required yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.