Article 30 — Enforcement, Violations, and Penalties

All departments, officials and public employees vested with the duty or authority to issue permits, licenses, or certificates shall conform to the provisions of this chapter. No such license, certificate, or permit, or the renewal or extension thereof, for uses, buildings, or purposes shall be issued where the same would be in conflict with the provisions of this chapter. Any such license, permit, or certificate issued in conflict herewith shall be null and void. Whenever an ordinance which changes the zone classification of any property is adopted, no building permit shall be issued or renewed for any construction or improvement or other work which is not permitted by the new zone classification. If for any reason the ordinance does not become effective within the time prescribed by law, such restriction shall become null and void as to the subject property.

Notwithstanding anything in this Code to the contrary, if the applicable use, height, area, or other zoning regulations are changed after the owner of property or a party of interest has lawfully started construction of a building or structure and has incurred obligations for work and material relating to such construction before the date of adoption of the zoning ordinance, and, as a result, such building or structure or use does not conform to the new zoning regulations, work on such building or structure or use may proceed as authorized in the building permit at any time within one year after the effective date of the change of zoning, but after that year such permit shall be null and void. However, if substantial work on a building or structure above the foundations is done before the expiration of such one-year period, the proposed building or structure may be completed as authorized in the building permit within two (2) years after the effective date of the change of zoning, but after that time such permit shall be null and void. (§ 8165, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

Notwithstanding anything in this Code to the contrary, upon the adoption by the City of an ordinance annexing property, including a proposed subdivision for which a tentative map has been approved by the City advisory agency or governing body, the Building Inspector may, during the period before the ordinance becomes effective, issue a building permit for construction on such property upon receipt of a notice in writing by the Community Development Director or other responsible City official stating that such construction conforms to the City zoning, subdivision, and other regulations, and, secondly, that issuance of the permit is approved.

(§ 8165.4, T.O.O.C., renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

Except as provided in Article 28 of this chapter:

(a) No building shall be moved into an area, erected, reconstructed, added to, enlarged, structurally altered, or maintained, and no building or land shall be used for any purpose except as specifically provided and allowed by the provisions of this chapter with respect to land uses, building heights, yards, area coverage, and lot width, and with respect to all other regulations, conditions, and limitations prescribed by this chapter as applicable to the same zone or sub-zone in which such use, building, or land is located.

(b) While a nonconforming use exists on any lot, no other use of a more restricted classification shall be permitted even though such other use would otherwise be a conforming use.

(§ 8165.1, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

The Community Development Director, or his duly appointed representative, is hereby designated as the enforcing agent of the provisions of this chapter. Appeals from the decisions of the enforcing agent in the administration of this chapter shall be made to the Commission, whose decision shall be final and conclusive in such matters unless otherwise provided in specific cases in this chapter.

(§ 8165.2, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5, 1970)

It shall be unlawful for any person to use or maintain any building, structure, or land, or to erect, structurally alter, or enlarge any building or structure, except for the uses permitted by this chapter and in accordance with the provisions of this code. The violation of any term or condition of, or applicable to, any variance or permit shall constitute a violation of the provisions of this chapter.

(§ 8165.3, T.O.O.C., as renumbered by § XIV, Ord. 173-NS, eff. November 5. 1970, as amended by § XLII, Ord. 770NS, eff. February 16, 1981, and § 22, Ord. 907-NS, eff. February 11, 1986)

(a) Declaration of nuisances: Abatement. Any building or structure constructed, erected, altered, moved, or maintained contrary to the provisions of this chapter, and any property used contrary to the provisions of this chapter, or any failure to comply with any condition attached to the granting of any development permit, special use permit, or variance shall be, and the same is hereby declared to be, unlawful and a public nuisance. Upon the discovery of facts constituting a nuisance, the duly constituted authorities of the City shall immediately commence actions or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law. Such authorities shall

take such other steps or may apply to a court of competent jurisdiction to grant such relief as will abate and remove such buildings, structures, or uses and restrain and enjoin any person, firm, or corporation from constructing, erecting, altering, moving, maintaining, or using any property contrary to the provisions of this chapter or failing to comply with any condition attached to the granting of any development permit, special use permit, or variance.

(b) Service stations. Notwithstanding any of the provisions of this chapter to the contrary, gasoline service stations are hereby declared to be a special class of land use.

(1) Any change from a service station use shall only be permitted through the issuance of a special use permit, even though the proposed new use is otherwise permitted in the zone without such a permit. No special use permit may be issued for any use not otherwise, conditionally or unconditionally, allowed by the zoning. Any change from a service station use without the prior issuance of a special use permit shall be unlawful, and the buildings and structures which are the subject of such a change in use are hereby declared to be a public nuisance.

(2) When the service station use of any service station structure and building is discontinued and such use is not reestablished for a period of ninety (90) days or a special use permit for a new use has not been applied for within the same ninety (90) day period, any existing special use permit or variance shall immediately become null and void, and the service station’s buildings and structures shall be, and are hereby declared to be, a public nuisance and shall be abated following notice and a hearing by the Commission. If, after notice and a hearing as herein provided, the Commission declares that the buildings and structures are public nuisances, the burden of proof shall be upon the applicant to show that the ninety (90) day abatement requirement will cause irreparable and unnecessary hardship. If the owner submits facts sufficient to convince the Commission that a hardship as described in this section exists, then the Commission, at its discretion, may grant one ninety (90) day period in which a special use permit for a change in use or to reestablish the service station use may be applied for.

(c) Remedies nonexclusive. The procedure provided in this section shall be in addition to any other remedy provided elsewhere by law.

(§ 1, Ord. 196-NS, eff. April 8, 1971, as amended by § I, Ord. 631-NS, eff. May 26, 1977)

Whenever any building work, construction, grading, encroachment or other development activity is being done contrary to the provisions of this title or contrary to or without securing a permit, zone clearance or other entitlement, the Community Development Director, after consultation with the City Attorney, may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done or on any owner, developer or permittee, and any such person or persons shall forthwith stop such work until notified in writing by the Community Development Director that the work may again proceed. (§ 23, Ord. 907-NS, eff. February 11, 1986)