Chapter 17.80 — ENFORCEMENT

Zoning permit review shall be required for all buildings, structures hereinafter erected, constructed, altered, repaired or moved within or into any district established by this title, and for the use of vacant land, within any district established by this title. No building permit shall be issued until the zoning review portion of this title has been completed by the building inspector and/or other city official charged with the responsibility of issuing any development or construction entitlement. This includes, but is not limited to, any required architectural review, site plan, conditional use permit variance or administrative permit issued and which has become effective. (Ord. 2011-02 §1)

All department officials and public employees of the city with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings, or purposes in conflict with these provisions. It shall be the duty of the building inspector of the city to enforce the provisions of the title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (Ord. 2011-02 §1)

• A. The purpose of this section is to provide a uniform procedure for the revocation of discretionary permits, licenses or other entitlements issued in accordance with the provisions of this title when the conditions of approval are not being complied with as agreed to in writing, by the applicant and the property owner at the time of approval.

• B. Upon a determination by the planning director that any of the following conditions exist, a revocation hearing shall be set:

  1. Conditions of a discretionary permit, license or other entitlement have not been, or are not being, complied with.

  2. The discretionary permit, license or entitlement was granted on the basis of false or misleading information, written or oral, given either willingly or negligently by the applicant, property owner or their representative.

  3. The use, activity, or the purpose for which the permit, license or entitlement was issued, has been discontinued for a period of six months or more.

• C. A hearing and notice are required prior to the revocation of any permit, license or other entitlement. The revocation hearing is not required to be a public hearing unless state law requires otherwise.

  1. The holder of the permit, license or entitlement and the property owner shall be given full opportunity to present written information and verbal comments at the revocation hearing.

  2. The body or person issuing the original permit shall hold the revocation hearing and shall accept and consider all written information and verbal testimony from the property owner, permit holder and other interested persons for and against the revocation action. The hearing may be continued to a date, time and place certain without any further notice.

  3. Notices for the revocation hearing shall be given in the following manner, unless state law requires otherwise:

     • a. Notice of the revocation hearing shall be sent via first class mail to the holder of the permit, license or entitlement and the property owner at least fifteen calendar days prior to the hearing date.

     • b. The hearing notice shall include the date, time and place of the hearing and list the violations constituting the basis for the revocation action.

     • c. The hearing notice shall be posted at the site of the property involved at least ten days prior to the hearing date.

• D. The hearing body shall render a decision within twenty-one calendar days of the close of the revocation hearing and shall mail notice of the decision via first-class mail to the permit holder and the property owner of the property in question.

• E. The applicant, property owner, or any person aggrieved by the decision of the hearing body may appeal the decision to the appropriate appeal body within ten working days of the date of the final decision.

• F. The above process shall not preclude the building official from ordering the immediate abatement of a violation prior to the holding of a hearing when, in the opinion of the building official, the violation presents a hazard to, or threatens the public health, safety and general welfare.

• G. Nothing in this chapter precludes the city from pursuing other remedies provided by law. (Ord. 2011-02 §1)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is declared to be unlawful and a public nuisance. The city attorney may, and upon order of the city council shall immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such buildings, land or premises, contrary to the provisions of this title.

(Ord. 2011-02 §1)

All existing land use regulations previously adopted or established shall remain in full force and effect until superseded by changes in the official zoning map as adopted pursuant to this title. Any violation that may exist under the provisions of said superseded ordinances shall not be terminated or validated, except only as the provisions of this title and the map, which is made a part hereof, by virtue of redefinition or reclassification specifically permit the uses which may have constituted violations under the provision of the ordinances repealed by the ordinance codified in this title.

(Ord. 2011-02 §1)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of the title, shall be guilty of an infraction. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, firm, or corporation and shall be punishable as herein provided. (Ord. 2011-02 §1)

Any property owner, person, firm, or corporation, whether as principal, agent, employee or otherwise, violating any provision of this title shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not exceeding six months, or by both. The city attorney in his or her discretion may reduce any violation of this title to an infraction, punishable by a fine of not more than two hundred fifty dollars. Any property owner, person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided herein. Penalties under the administrative enforcement provisions of Chapter 1.17 of this code may be imposed in lieu of, but not in addition to, penalties imposed by the court for any single violation.

(Ord. 2011-02 §1)

The remedies provided for in this title shall be cumulative and not exclusive. (Ord. 2011-02 §1)

Except as otherwise provided in Government Code Section 65009 , any action or proceeding to attack, review, set aside, void, or annul any decision made pursuant to this title, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or any condition attached thereto, shall not be maintained by any person unless the action or proceeding is commenced within thirty days and the city council is served within sixty days after the date of such decision. Thereafter, all persons shall be barred from any such action or proceeding or any defense of any invalidity or unreasonableness of such decision or of such proceeding, acts or determinations. (Ord. 2011-02 §1)

• A. The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of living units or households, shall not be permitted except within a zoning district in which a new building for the same occupancy would be permitted in accordance with the provisions of this title.

• B. Furthermore, such a conversion shall comply with the following requirements:

  1. Securing of the appropriate permit (certificate of occupancy, architectural review, conditional use permit), as required by this title.

  2. Compliance with all requirements governing new residential construction in the affected zoning district, including, but not limited to, required lot area, unit density, floor area, property line setbacks, off-street parking, etc.

• (Ord. 2011-02 §1)