Chapter 17.80 — ENFORCEMENT AND PENALTIES

Sections:

17.80.010 Purpose

17.80.020 Violation of Zoning Ordinance

17.80.030 Decisions in Compliance with Zoning Ordinance

17.80.040 Enforcement Responsibility

17.80.050 Penalties

17.80.060 Permit Revocation

This chapter establishes procedures and requirements that are intended to ensure compliance with the requirements of this Zoning Ordinance and any conditions of planning permit or subdivision approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare.

No person shall change, construct, enlarge, erect, locate, maintain, reconstruct, or use any land or structure in violation of any provision of this Zoning Ordinance, any supplement adopted by the Council, or any condition of approval required in compliance with this Zoning Ordinance. Any structure altered, constructed, converted, enlarged, erected, maintained, moved, or set up contrary to the provisions of this Zoning Ordinance, or, any use of any land, structure, or premises conducted, established, maintained, or operated contrary to the provisions of this Zoning Ordinance, shall be unlawful, and are also deemed to be a public nuisance.

Each department, official, and public employee of the City vested with the authority or duty to issue a permit or license shall comply with the provisions of this Zoning Ordinance, and shall issue no permit or license for a use, structure, or purpose that is in conflict with the provisions of this Zoning Ordinance. A permit or license that has been issued in conflict with the provisions of this Zoning Ordinance shall be void.

Upon observing and documenting the existence of a zoning violation, the Zoning Administrator shall immediately pursue compliance. If, after a reasonable period of time, full compliance with the provisions of this Zoning Ordinance has not been achieved, the Zoning Administrator, with the assistance of the City Attorney, shall institute abatement, injunction, mandamus, or any other appropriate action or proceedings assigned to remedy the violation.

A. Infractions. Notwithstanding any other provision of this Zoning Ordinance, any violation constituting a misdemeanor under this Zoning Ordinance may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of an infraction under the provisions of this Zoning Ordinance, unless provision is otherwise herein made, shall be punishable by fine only as follows: Upon a first conviction, by a fine of not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of 12 months, by a fine of not exceeding $500.00.

B. Misdemeanors. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Zoning Ordinance shall constitute a misdemeanor.

C. Separate offenses. Each person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Zoning Ordinance is allowed, committed, or continued after the deadline for compliance by the person and shall upon conviction be punishable accordingly.

D. Civil action. In addition to the other penalties provided in this chapter, any violation of this Zoning Ordinance may be redressed by civil action. (Ord. 1042 § 2, 2017)

A. Purpose. The purpose of this section is to provide a uniform procedure for revoking discretionary permits when the conditions of approval are not being complied with as agreed in writing by the applicant and the property owner at the time of permit approval.

B. Basis for revocation. Upon determination by the Zoning Administrator that any of the following conditions exist, a revocation hearing shall be scheduled:

1. Conditions of a discretionary permit are not being complied with;

2. The discretionary permit was granted on the basis of false or misleading information, written or oral, given willingly or negligently by the applicant or property owner; and/or

3. There has been a discontinuance of the use, or purpose for which the permit was issued, for a period of 180 days or more.

C. Notice and hearing requirements. The review authority issuing the original permit shall hold a public hearing, hear and consider all testimony from the property owner, applicant, and other interested persons, both oral and written, for and against the revocation action in compliance with Chapter 17.78 (Public Hearings). Notice for the public hearing shall be given as follows, and in compliance with Chapter 17.78 and state law:

1. Notice of the public hearing shall be sent to the applicant and the property owner, notifying them of the time and place of the hearing, and listing the violations constituting the basis for the revocation action;

2. Notice shall be published in a newspaper of general circulation in the City, at least 10 days before the hearing;

3. In addition to the posting places designated in Municipal Code Chapter 1.08, notice shall be posted at the project site at least 10 days before the hearing; and

4. Notice shall be mailed, at least 10 days before the hearing, to each owner of real property shown on the latest equalized assessment roll, within a 300-foot radius of the exterior boundaries of the parcel that is the subject of the hearing.

D. Decision. The review authority shall render a decision within 21 days of the close of the public hearing and shall mail the notice of the decision to the applicant and the property owner of the property in question.

E. Appeal. The decision of the review authority may be appealed within seven days of the date of decision, in compliance with Chapter 17.76 (Appeals).

F. Immediate abatement. The above process shall not preclude the Zoning Administrator from ordering the immediate abatement of a violation before holding a public hearing when, in the opinion of the Zoning Administrator, the violation presents a hazard to, or threatens the health and safety of the public.

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Article 7 Glossary Chapter 17.98 DEFINITIONS

17.98.010 Purpose

17.98.020 Definitions of Specialized Terms and Phrases