A.
Purpose.
The purpose of this chapter is to consolidate all applications of
land use actions in the City, to provide an outline of the procedures
for making these applications and the procedures by which the appropriate
hearing body receives the appropriate applications. This chapter also
consolidates the procedures that appeals of decisions made by the
hearing body are to follow.
B.
Interpretation.
The Department Director shall have the responsibility and authority
to interpret the meaning and applicability of all provisions and requirements
of this title. In interpreting and applying the provisions of this
title, the development standards shall be held to be the minimum requirement
for the promotion of the public health, safety, comfort, convenience
and general welfare. It is not the intent of this title to interfere
with or abrogate or annul any easement, covenant or other agreement
between parties. When this title imposes a greater restriction upon
the use of buildings or land or upon the height of buildings, or requires
larger open spaces than are required by other ordinances, rules, regulations,
by easements, covenants, or agreements, the provisions of this title
shall control.
C.
Form
of Application Blanks, Type of Required Information.
1.
The
City Manager or designee may prepare application forms and provide
blanks for such purposes and may prescribe the type of information
to be provided in the application by the applicant pursuant to direction
from the hearing body.
2.
No
application shall be accepted unless it is completed as prescribed.
D.
Fees Required. All applications described in Section 9.32.030 shall require fees paid in accordance with a resolution adopted by the City Council.
1.
A
copy of the resolution and information may be obtained from the office
of the City Clerk.
2.
The
City Council, or any member thereof, may appeal any decision of the
Planning Commission or the Zoning Administrator. If an appeal is filed
by the council or any member thereof, the appeal fee shall be waived.
E.
Limitation
of Refiling of Applications. A final action denying an application
for a land use action shall prohibit the further filing of the same
type application on a property until not less than one year shall
have elapsed from the date of denial of any application.
F.
Development
Agreement. The City shall be empowered to enter into a binding development
agreement with a developer in the instance that the developer has
a legal and equitable interest in real property for which it has submitted
a plan to develop such property. The City shall adopt rules and regulations
establishing procedures and requirements for implementing and approving
such development agreements and shall require any developer to pay
a development impact mitigation payment in accordance with a resolution
adopted by the City Council.
G.
Environmental Review. All applications for land use actions to be submitted for review and approval by the City Council, the Planning Commission or the Zoning Administrator, shall be reviewed upon their submittal in accordance with the provisions of the California Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et seq.; California Code of Regulations, Title 14, Sections 15000 et seq.).
H.
Design
Guidelines. The hearing body shall review from time to time development
standard guidelines pertaining, but not limited to, the following
categories: site planning, architecture, landscape architecture, parking
design, signage and other special items. The hearing body shall approve
or deny all such design guideline standards by resolution.
(2758 § 2, 2009; 2939 § 3, 2022)
A.
No Conflicting
Licenses or Permits Shall Be Issued. All departments, officials or
public employees vested with the duty or authority to issue permits
or licenses required by law shall conform to the provisions of this
title. All such licenses shall conform to the provisions of this title.
No license or permit for uses, buildings or purposes that would be
in conflict with the provisions of this title shall be issued. Any
such license or permit, if issued in conflict with the provisions
hereof, shall be null and void.
B.
Enforcement.
The City Manager, or a duly designated representative, is hereby designated
as enforcing agent of this title and any amendments thereto, and is
hereby declared to have the powers of a peace officer for the purpose
of enforcing this title.
C.
Right
of Entry. The legally appointed enforcement officer or an agent may
not be denied admittance to any premises, either private or public,
during daylight hours, for the purpose of determining if there are
any violation of this title. The officer, or officers, may not be
interfered with in the performance of their sworn duty to enforce
the ordinances of the City. In the event that warrants are required,
warrants shall be obtained.
D.
Building
Permits. Any building permit issued prior to the adoption of the ordinance
codified in this chapter, which has not expired and upon which substantial
action has been performed, shall be allowed to be exercised even though
contrary to the provisions of this title.
E.
Violations.
1.
No
building or structure shall be erected, constructed, reconstructed
or altered, nor shall any building, structure or land be used, occupied
or maintained, for any purpose or use except as specifically provided
in this title and in any permit approved under this title.
2.
Violation of any provision of this title or any condition of any permit, including, but expressly not limited to, any conditional use permit, site plan, specific plan, planned unit development, special event or community event permit, shall be a public nuisance and a misdemeanor, unless otherwise stated in this title to be an infraction. Fines shall be as set forth in Section 1.04.010 of this code. Each and every day during any portion of which any violation is committed, continued or allowed by any person, shall constitute separate offense.
(2758 § 2, 2009)
A.
The
Planning Commission, Zoning Administrator, and Department Director/City
Manager or designee are empowered to make the final decision on all
land use actions, as described in this section, except for the following
actions that shall be transmitted to the City Council, along with
the hearing body recommendation, for final action:
B.
The Threshold of Review Table below identifies the full range of land use permit options and applicable final review authority, except that where a land use action also requires approval of an action by the City Council, the City Council shall be the final review authority for such land use action, and the Planning Commission shall transmit a recommendation to the City Council. The following provisions specify the applicability of the land use actions listed on the Threshold of Review Table and list the required findings for each. Notwithstanding the following provisions, the findings required for approval of a site plan, conditional use permit, or other quasi-judicial land use permit for a housing development project, as defined in subsection (h)(2) of Section 65589.5 the Government Code, shall be as specified in Chapter 9.60.
|
Threshold of Review
| ||||
|---|---|---|---|---|
|
Type of Application
|
Hearing Body
| |||
|
Director
|
Zoning Administrator
|
Planning Commission
|
City Council
| |
|
General Plan Amendments
|
|
|
I
|
X
|
|
Ordinance Amendments
|
|
|
I
|
X
|
|
Zone Change
|
|
|
*I
|
X
|
|
Specific Plans
|
|
|
I
|
X*
|
|
Planned Unit Developments
|
|
|
I
|
X
|
|
Site Plan
|
|
*
|
X
|
|
|
Conditional Use Permits
|
|
X
|
A
|
|
|
Variances/ Waivers
|
|
X
|
A
|
|
|
Tract Maps
|
|
|
X
|
|
|
Parcel Maps
|
|
|
X
|
|
|
Lot Line Adjustments
|
|
X
|
A
|
|
|
Interpretation of Use
|
|
X
|
A
|
|
|
Home Occupations Permits
|
|
X
|
A
|
|
|
Temporary Event Permits
|
X
|
|
A
|
|
|
Special Events Permits
|
X
|
|
A
|
|
|
Modifications to Approved Plans
|
|
X
|
X
|
|
|
Time Extensions
|
|
X
|
X
|
|
|
Revocations
|
|
X
|
X
|
|
|
Code Enforcement—Abandoned Vehicles
|
|
X
|
A
|
|
|
Extensions of Time for Nonconforming Uses
|
|
|
X
|
|
|
City Manager or Designee Review
|
X
|
|
A
|
A
|
|
Reasonable Accommodation Request
|
X
|
|
|
A
|
|
I
|
=
|
Initial review recommendation A = Appeal body
|
|
X
|
=
|
Final hearing body
|
|
*
|
=
|
Alternate hearing body
|
|
*I
|
=
|
Denial of zone change by Planning Commission is final unless
appealed. Approval by Planning Commission is recommendation for final
action by City Council.
|
All decisions of the Planning Commission are appealable
to the City Council.
C.
The
procedures for the following land use approval actions are contained
in separate sections of the zoning code, as noted:
|
Land Use Action
|
See
|
|---|---|
|
Specific Plans
|
Specific Plans—Separate Documents
|
|
Planned Unit Development
| |
|
Tract Maps
|
Ch. 9.40—Subdivisions
|
|
Parcel Maps
|
Ch. 9.40—Subdivisions
|
|
Lot Line Adjustments
|
Ch. 9.40—Subdivisions
|
|
Home Occupation Permit
| |
|
Cottage Food Operation Permit
| |
|
Temporary Event Permit
| |
|
Special Events Permit
| |
|
Floodplain Variance
| |
|
Accessory Dwelling Units and Junior Accessory Dwelling Units
|
Ch. 9.54
|
|
SB 9 Two-Unit Residential Developments and Urban Lot Splits
|
Ch. 9.56
|
|
Supportive Housing for the Homeless and Low-Barrier Navigation
Centers
|
Ch. 9.60
|
D.
Land
Use Action Procedures.
1.
General
Plan Amendment/Code Amendment.
a.
Applicability.
i.
An amendment to any element of the City's General Plan or zoning
code may be initiated by the City Council, the Planning Commission
or the City Manager.
ii.
If the following findings are met, a citizen may request an amendment
to any element of the City's General Plan or zoning code, and shall
pay an amount equal to the estimated cost of preparing the amendment.
b.
Required Findings. All the following findings must be made in the
affirmative by the hearing body in order for this application to be
approved:
i.
That the amendment is internally consistent with the goals, objectives
and elements of the City's general plan;
ii.
That the amendment is deemed to promote the public interest, health,
safety and welfare;
iii.
That in the case of an amendment to the general plan land use map
or the zoning map, the subject parcel(s) is physically suitable for
the requested land use designation(s), compatible with surrounding
land uses, and consistent with the general plan.
c.
The hearing body shall deny the application where the information
submitted by the applicant and/or presented at the public hearing
fails to substantiate such findings to the satisfaction of the hearing
body.
d.
General plan and zoning code amendments are also subject to the "no net loss" provisions of Government Code Sections 66300 and 65863, and, if applicable, the no net loss findings described in Section 9.60.030 shall be made prior to or concurrently with approval of the proposed amendment.
2.
Zone
Change.
a.
Applicability.
i.
A change of zoning classification for any parcel(s) of land in the
City may be initiated by the City Council, the Planning Commission
or the City Manager.
ii.
An owner of a parcel of land in the City or the owner's designee
may request a change of zoning classification for that (those) property(ies)
by filing the proper application and paying all applicable fees.
iii.
A change of zoning classification shall be initiated by the City
for any parcel(s) that is found to be inconsistent with the land use
designation for the property as designated in the General Plan—land
use map.
c.
A change of zoning classification is also subject to the "no net loss" provisions of Government Code Sections 66300 and 65863, and, if applicable, the findings required pursuant to Section 9.60.030 shall also be made prior to or concurrently with approval of the proposed change of zoning classification for any parcel.
3.
Site
Plan.
a.
Applicability. Except as otherwise provided by state law or another
provision of this title, a site plan application shall be required
prior to the issuance of a building permit for:
i.
Residential and Open Space Zones. Any building or structure to be
constructed in a residential or open space zone or expansion of any
of the following uses:
(A)
Single-family subdivision;
(B)
New limited multiple-family residential units or additions to
existing limited multiple units; and
(C)
New multiple-family residential units or additions to existing
multiple units.
(D)
Exceptions:
(1)
An addition to a single-family residence, including the construction
of new accessory structures;
(2)
An addition to a duplex or triplex, that meets the current setback
requirements, is less than 50% of the original living area, and does
not create additional units. Any such additions shall be subject to
a City Manager or designee review;
(3)
The development of three or fewer contiguous, residentially-zoned,
unimproved legal lots with single-family dwellings; and
(4)
The construction of a duplex or triplex that complies with all
the development standards of the municipal code, and does not require
approval of any discretionary action, which shall be subject to a
director's review.
ii.
All Other Zones. Any new building or structure, or any addition to
an existing structure or building that exceeds 10% of the existing
floor area, or 1,000 square feet, whichever is less.
(A)
Exception: Unless the following exceed 10% of the floor area
of an existing structure or 1,000 square feet, whichever is less,
a site plan shall not be required for the addition of mechanical equipment
or any accessory structure(s) necessary for the safe operation of
a facility, including, but not limited to:
iii.
All Zones. Conversion of a single-family home to any other use.
iv.
Specific Plan Zones. See individual specific plan requirements.
b.
Required Findings. For any project other than a housing development
project, as defined in subsection (h)(2) of Section 65589.5 of the
Government Code, the hearing body shall approve an application for
a site plan when the information submitted by the applicant and/or
presented at public hearing substantiates the following findings:
i.
That the submitted site plan complies with the spirit and intent
of the provisions, conditions and requirements of the general plan
and this title, and that other applicable ordinances and policies
of the City are complied with;
ii.
That the proposed development does not adversely affect essential
on-site facilities, such as off-street parking, loading and unloading
areas, traffic circulation and points of vehicular and pedestrian
access;
iii.
That the proposed development does not adversely affect essential
public facilities, such as streets and alleys, utilities and drainage
channels;
iv.
That the proposed development will not adversely impact the City's
ability to perform its required public works functions;
v.
That the proposed development will be compatible with the physical,
functional and visual quality of the neighboring uses and desirable
neighborhood characteristics;
vi.
That through the planning and design of buildings and building placement,
the provision of open space, landscaping and other site amenities
will attain an attractive environment for the occupants of the property.
c.
Applications. A site plan application may be submitted by the owner
of a parcel(s) of land within the City, or the owner's designees,
for that (those) parcel(s) in which the owner has a legal or equitable
interest.
4.
Conditional
Use Permit.
a.
Applicability. A conditional use permit shall be required:
ii.
If a use, as controlled by the State Alcoholic Beverage Control Board,
that allows the wholesale or retail sale of alcoholic beverages is
added, or the consumption of alcoholic beverages is allowed, on or
off site, or if an existing ABC license type is changed;
iii.
For any expansion in floor area of a use currently under provisions
of an approved conditional use permit;
iv.
For any new use or intensification of uses at a facility currently
being operated under provisions of an approved conditional use permit.
b.
Required Findings. The hearing body shall approve an application
for a conditional use permit when the information submitted by the
applicant and/or presented at public hearing substantiates the following
findings:
i.
That the proposed use will be consistent with the City's adopted
General Plan;
ii.
That the requested use at the location proposed will not:
(A)
Adversely affect the health, peace, comfort or welfare of persons
residing or working in the surrounding area, or
(B)
Unreasonably interfere with the use, enjoyment or valuation
of property of other persons located in the vicinity of the site,
or
(C)
Jeopardize, endanger or otherwise constitute a menace to public
health, safety or general welfare;
iii.
That the proposed site is adequate in size and shape to accommodate
the yards, walls, fences, parking and loading facilities, landscaping
and other development features prescribed in this title, or as is
otherwise required, in order to integrate such use with the uses in
the surrounding area;
c.
The hearing body shall deny the application when the information
submitted by the applicant and/or presented at the public hearing
fails to substantiate such findings.
d.
The conditional use permit and all discretionary land use permits
under this title (including site plan, if applicable) shall be issued
or denied within the time periods proscribed by the Permit Streamlining
Act, the Subdivision Map Act, the California Environmental Quality
Act, and other applicable state law, unless extended by actions of
the applicant or his/her agents.
e.
Procedures for processing the application and times for processing
steps shall be established by the City Manager or designee.
5.
Waiver.
b.
A waiver procedure as contained in the Subdivision Map Act and Chapter 9.40 of this code may be granted if it is possible to find that the waiver:
i.
Will not create a subdivision or satisfy the requirements applicable
to the division of a parcel of land;
ii.
Will comply with City requirements as to area, improvement and design,
floodwater drainage control, appropriate improved public roads, sanitary
disposal facilities, water supply availability and environmental protection;
iii.
Will satisfy any other requirements pertaining to the Subdivision
Map Act, this code and any other applicable City ordinance;
iv.
Will not create any unnecessary conditions or situations that will
be incompatible with existing and possible future uses of adjacent
properties.
6.
Variance.
a.
Applicability. A variance to the provisions of Title 9 shall be required
for any deviation from the development standards contained therein.
b.
Required Findings. A variance may be granted only if all of the following
findings are made:
i.
That there are exceptional or extraordinary circumstances or conditions
applicable to the property or to the intended use that do not apply
generally to other property or classes of use in the same vicinity
or zone;
ii.
That such variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other property in the
same vicinity and zone, but which is denied to the property in question;
iii.
That the granting of such variance will not be materially detrimental
to the public welfare, or injurious to the property or improvements
in such vicinity and zone in which the property is located;
iv.
That the granting of such variance will not adversely affect the
comprehensive General Plan; and
v.
That approval of the variance is subject to such conditions as will
assure that it does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone
in which the subject property is situated.
7.
Interpretation
of Use.
a.
Applicability.
i.
Any use not specifically listed as a permitted use, incidental use,
or conditional use shall be prohibited; provided, however, that whenever
a use has not been specifically listed as a permitted use, incidental
use, or conditional use in a particular zone district, but similar
uses are found to exist in that zone, the hearing body shall be responsible
or interpreting whether or not the use is permitted in that zone district,
and under what conditions.
ii.
Any use determined to be inconsistent or not similar to other uses
shall be required to file an application for an ordinance amendment.
8.
9.
Time
Extensions.
a.
Required Findings. A time extension may be granted when the following
findings are made:
i.
A request for a time extension, including the reasons therefore,
has been submitted prior to the permit expiration date, or the hearing
body finds that, due to special circumstances demonstrated by the
property owner or the applicant, a late-filed request should be considered;
ii.
That there has been no change in the general plan designation or
zoning of the site that would render the development or use nonconforming;
iii.
That there is no land use action or study currently underway that
would have the potential to render the development or use nonconforming.
b.
Limits of Extensions. Unless otherwise provided by a development
agreement, a time extension shall be limited to one year or less.
A request for a time extension beyond the term provided in a development
agreement shall require City Council approval of an amendment to the
development agreement.
10.
Revocation.
a.
Applicability. The City Council, hearing body or City Manager may
initiate revocation procedures for any land use action designated
by this title.
b.
Required Findings. The hearing body may revoke or modify a land use
action if any one of the following findings is made:
i.
That the approval was obtained by fraud;
ii.
That the approved use has ceased to exist or has been suspended for
one year, or a lesser time as established by land use ordinance;
iii.
That the approved use is being, or recently has been, exercised
contrary to the terms or conditions of such approval, or in violation
of any statute, ordinance, or regulation;
iv.
That the approved use was so exercised as to be detrimental to the
public safety or so as to constitute a public nuisance.
11.
City Manager or Designee Review—Minor Deviations.
a.
Applicability. The City Manager or designee is vested with the following
minor deviation land use permit and related authority:
i.
To allow ground-mounted mechanical equipment, including, but not
limited to, heating, cooling or ventilating equipment, swimming pool
or spa heaters, pumps or filters, to be located in the side or rear
setbacks on any property improved with a multiple-family residential
project, provided that the equipment is screened from view from public
rights-of-way and an unobstructed path at least three feet wide is
provided between the equipment and the property line;
ii.
To allow mechanical equipment, including, but not limited to, water
heaters, FAUs etc., to encroach into the minimum interior dimensions
of existing garages for single-family residential dwellings, provided
that adequate space for the number of vehicles required by Title 9
to be parked in the garage is maintained;
iii.
To allow one-story additions to existing, detached, non-habitable
structures that are nonconforming as to required side or rear setbacks
in any residential zone. The addition shall be constructed in conformance
with all applicable code provisions;
iv.
To issue minor land use deviations for the purpose of allowing minor
changes to the strict requirements of any use or distance limitations
of the code (excepting adult uses), provided that the changes are
generally compatible with the zoning requirements for the parcel,
and the use will last for a duration not to exceed 18 months. A single
time extension limited to one year or less may be granted;
v.
To allow minor deviations in the height, width and/or placement of
freestanding sign structures for any office, commercial and industrial
zoned properties improved with existing buildings or structures to
achieve a greater flexibility in design and quality that cannot be
achieved through the strict application of Title 9, provided that
the sign area does not exceed the maximum square footage as required
by Title 9;
vi.
To allow deviations in the number of required parking spaces up to
a maximum of 10% for any office, commercial or industrial zoned properties
improved with existing buildings or structures, where the parking
deficiency cannot be corrected by redesigning the parking area or
restriping the parking spaces. This shall not include any use subject
to a conditional use permit, or any property that was granted a parking
variance;
vii.
To allow the installation of garage doors on existing carports
for existing residential condominiums;
viii.
To allow minor deviations from landscape requirements in conjunction
with the rehabilitation of an existing site where no discretionary
action is proposed;
ix.
To allow fences located in the required front setback of residentially
zoned properties to be constructed to a maximum height of six feet,
provided the upper 36 inches is wrought iron fencing with vertical
railings no less than three inches apart;
x.
To allow the construction of one single-family home on a legally
created, residentiallyzoned vacant parcel, that is nonconforming due
to area and/or width, provided no other discretionary actions are
proposed;
xi.
An addition to a duplex or triplex that meets the current setback
requirements, is less than 50% of the original living area, and does
not create additional units shall be subject to a City Manager or
designee review.
b.
For purposes of this section, "minor deviation" is defined as a modification
or change that does not undermine or significantly revise the intent
and purpose of the municipal code. Minor deviations shall be limited
to the above actions only.
c.
Required Findings. The City Manager or designee may approve an application
for a minor deviation if the following findings are made:
i.
That the proposed action will not adversely affect the City's General
Plan;
ii.
That no discretionary actions requiring review by the City Zoning
Administrator, Planning Commission or City Council are being proposed;
iii.
That no adverse effects on the health, peace, comfort or welfare
of persons residing or working on adjoining properties is created;
and
iv.
That all other applicable Title 9 provisions are complied with.
d.
Notice and Review.
i.
An application for a minor deviation shall consist of written documentation
of the precise nature of the change(s) the applicant is proposing,
the duration, a plot plan for the parcel, and any other information
required by the City Manager or designee. The City Manager or designee
is empowered to impose any conditions of approval as necessary to
insure that the proposal satisfies the required findings set forth
in this subsection.
ii.
Upon receipt of an application for a minor deviation, a notice shall
be sent to the adjoining property owners describing the nature of
the request and advising that any comments should be submitted no
later than 10 days from the date the notice was sent out. A public
hearing shall not be required. If the request is approved by the City
Manager or designee, the planning staff shall transmit the City Manager
or designee's notice of the decision, with any appropriate conditions
of approval, to the applicant and to each Planning Commissioner. The
decision of the City Manager or designee shall be final and binding
unless an appeal is filed within seven days from the date of the decision,
or unless the application is called up for review by any member of
the Planning Commission within seven days from the date of the decision.
The planning staff, upon receipt of a timely request for Planning
Commission review, shall schedule the matter for Planning Commission
review at its next available meeting.
12.
City Manager or Designee Review—Wireless Telecommunications
Facilities.
a.
Applicability. The City Manager or designee is vested with the authority to review and approve applications for wireless telecommunications facilities pursuant to the provisions of Chapter 9.24 of this code or other applicable state or federal law.
b.
Required Findings. The City Manager or designee shall approve an application for a wireless telecommunications facility if the City Manager or designee finds that all of the requirements pursuant to Chapter 9.24 that do not conflict with state or federal law have been complied with. In lieu thereof, the City Manager or designee may approve an application for a wireless telecommunications facility if the findings specified in paragraph 11.c of this subsection D are made.
13.
Director's Review—Duplex and Triplex to read as follows:
a.
Applicability. The Department Director is vested with the authority
to review and approve applications for duplexes and triplexes that
comply with all the requirements of Section 9.12.040.040, Special
Requirements—Duplex and Triplex in R-2 and R-3 Zones, and that
do not require approval of any discretionary action, including, but
not limited to, a variance, zoning change, general plan amendment,
or other entitlements.
b.
Any duplex or triplex project that requires approval of a discretionary
action shall be processed through a site plan review and the applicant
shall pay the appropriate site plan fee and any other appropriate
entitlement fee(s).
c.
Required Findings. The Department Director may approve an application
for a duplex or triplex if the following findings are made:
i.
That the proposed development will comply with all applicable, objective
standards, provisions, conditions and requirements of the General
Plan, Title 9, and other applicable ordinances and policies of the
City, except to the extent excused from compliance pursuant to state
law; and
ii.
That no discretionary actions requiring review by the City Zoning
Administrator, City Planning Commission or City Council are being
proposed.
d.
Submittal Requirements. The applicant shall submit a complete application,
plans and documentation, as identified in the duplex and triplex filing
instructions, and pay the appropriate fees.
e.
Notice and Review.
i.
Upon receipt of an application for a duplex or triplex, a notice
shall be sent to the adjoining property owners describing the nature
of the request and advising that any comments should be submitted
no later than 10 days from the date the notice was sent out. A public
hearing shall not be required.
ii.
If one or more adjacent property owners object to the proposal, the
director may refer the review of the request to the Zoning Administrator
or the Planning Commission where new public notices will be mailed
per the public hearing noticing requirements, and a public hearing
will be held.
iii.
The Department Director is empowered to impose any conditions
of approval, including conditions from other City departments, that
are necessary to ensure that the proposal complies with all local,
state and federal laws, and satisfies the required findings.
iv.
If the request is approved by the Department Director, the planning
staff shall transmit the director's notice of the decision, with any
appropriate conditions of approval, to the applicant.
v.
The decision of the Department Director shall be final and binding
unless an appeal is filed within 10 days from the date of the decision
or unless the application is called up to the Planning Commission
for review by any member of the Planning Commission or City Council
within 10 days from the date of the decision.
14.
Main Street Outdoor Dining Permit for Outdoor Dining Areas in the
Public Right-of-Way on Historic Main Street.
a.
Applicability. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall be required for any eating establishment located along Historic Main Street within the CC-2 zone to establish and maintain an outdoor dining area in the public right-of-way pursuant to the provisions of Section 9.18.090.050 of this title, Additional Regulations Specific to the CC-2 Zone. It shall be a condition of each Main Street outdoor dining permit that the applicant also obtain and maintain an encroachment permit from the City pursuant to Title 11 of the Garden Grove Municipal Code and comply with all conditions of such encroachment permit. Approval of a Main Street outdoor dining permit pursuant to this subdivision shall not constitute approval of said encroachment permit.
b.
Review Authority.
i.
Director's Review. The Department Director is vested with the authority
to approve, conditionally approve, or deny applications for Main Street
outdoor dining permits, provided the applicant is not proposing the
sale, service or consumption of alcoholic beverages within the outdoor
dining area and approval of a discretionary action by the Zoning Administrator,
Planning Commission, or City Council is not otherwise required.
ii.
Review by Hearing Body. Where an outdoor dining area in the public
right-of-way is proposed in conjunction with another land use action
that requires discretionary review pursuant to this chapter, the application
for a Main Street outdoor dining permit shall be processed in conjunction
with said land use action and reviewed by the applicable hearing body
in conjunction with such discretionary review.
iii.
Alcohol Sales. The sale, service and/or consumption of alcohol
within an outdoor dining area in the public right-of-way shall also
require approval of a new or amended conditional use permit pursuant
to the provisions of Section 9.18.060, Alcohol Beverage Sales.
c.
Required Findings. The Department Director or applicable hearing
body may approve an application for a Main Street outdoor dining permit
only if all of the following findings are made:
i.
The proposed outdoor dining area in the public right-of-way is consistent
with the City's General Plan, all applicable development standards
and Building Code requirements, and all other applicable Title 9 provisions;
ii.
The proposed outdoor dining area in the public right-of-way will
be complementary to, and not inconsistent with, the underlying dedication
for public right-of-way or the City's title or estate in the underlying
public right-of-way;
iii.
The applicant has demonstrated a satisfactory ability and willingness
to comply with the Garden Grove Municipal Code and pertinent conditions
to previously issued permits, licenses, and City land use approvals
with respect to operation of the adjacent eating establishment;
iv.
The proposed outdoor dining activity will not be materially detrimental
to the public health, safety or general welfare and will not injure
or unreasonably interfere with the property or improvements of other
persons located in the vicinity of the proposed outdoor dining area;
and
v.
The City Engineer is prepared to issue an encroachment permit to
the applicant for the establishment and maintenance of an outdoor
dining area in the public right-of-way pursuant to Title 11.
d.
Notice and Review.
i.
Upon receipt of an application for a Main Street outdoor dining permit that is subject to review by the Department Director, a notice shall be sent to all owners of property with frontage on Historic Main Street between Acacia Parkway and Garden Grove Boulevard describing the nature of the request and advising that any comments should be submitted no later than 10 days from the date of the notice. If one or more property owners object to the application, the Director may refer review of the request to the Zoning Administrator or Planning Commission, where a public hearing will be noticed and held in accordance with the public hearing provisions of Chapter 9.32.
ii.
The Planning staff shall transmit the Department Director's notice
of the decision, with any appropriate conditions of approval, to the
applicant. The decision of the Department Director shall be final
and binding unless an appeal is filed within 10 days from the date
of the decision.
e.
Conditions, Transferability and Scope of Rights.
i.
The Department Director or hearing body is empowered to impose any
conditions of approval on a Main Street outdoor dining permit determined
to be necessary to ensure that the proposal complies with all local,
state and federal laws, and satisfies the required findings.
ii.
It shall be a condition of each Main Street outdoor dining permit
that the applicant also obtain and maintain an encroachment permit
from the City pursuant to Title 11 of the Garden Grove Municipal Code
and comply with all conditions of such encroachment permit. Approval
of a Main Street outdoor dining permit pursuant to this subdivision
shall not constitute approval of said encroachment permit.
iii.
It shall be a condition of each Main Street outdoor dining permit
that the scope, nature, and character of use of the adjacent eating
establishment remain substantially the same as at the time approved.
In the event there are significant changes to the scope, nature, or
character of use of the adjacent eating establishment, all rights
conferred by a Main Street outdoor dining permit for that eating establishment
shall cease, and the owner(s) of the eating establishment shall be
required to apply for and obtain a new Main Street outdoor dining
permit, if eligible to do so.
iv.
In the event of a change of ownership of the adjacent outdoor eating
establishment, where the scope, nature, and character of use of the
adjacent eating establishment does not significantly change, a Main
Street outdoor dining permit may be automatically transferred to the
new owner(s) of the eating establishment upon written notice to the
City, issuance of a new encroachment permit pursuant to Title 11,
and execution by each owner of a written acknowledgment and agreement
to comply with the conditions of approval of the permit in a form
acceptable to the Department Director.
v.
Approval of a Main Street outdoor dining permit pursuant to this
subsection shall not be construed to grant the applicant or adjacent
property or business owner any property interest in the public right-of-way
or any entitlement to continued use of the public right-of-way.
vi.
Following investigation, written notice, and an opportunity to respond,
a Main Street outdoor dining permit may be revoked or suspended by
the Department Director: (a) in the event of suspension, revocation,
expiration, or non-renewal of the encroachment permit; (b) upon failure
of the business owner and/or operator to comply with the conditions
of approval and/or applicable legal requirements; or (c) if one or
more of the required findings for approval of the permit can no longer
be made with respect to the outdoor dining area in the public right-of-way.
If the Department Director revokes a Main Street outdoor dining permit,
the procedures for notice and appeal set forth in paragraphs (d)(ii)
through (iv), above, shall apply.
15.
Requests for Reasonable Accommodation.
a.
Applicability. Whenever relief is sought from the strict application
of the City's zoning and land use regulations, policies or procedures
in order to provide an individual with a disability an equal opportunity
to use and enjoy a dwelling, approval of a reasonable accommodation
request shall be required. This section provides a procedure and sets
standards for individuals seeking a reasonable accommodation in the
provision of housing and is intended to comply with state and federal
fair housing laws and other applicable laws relating to such reasonable
accommodations.
b.
Requests for Reasonable Accommodation.
i.
Any person with a disability, their authorized written representative,
or a developer or provider of housing for individuals with a disability
may submit a request for a reasonable accommodation.
ii.
Requests for a reasonable accommodation shall be submitted on an
application form provided by the City. The application shall include,
but shall not necessarily be limited to:
(A)
Documentation that the individual who is applying or upon whose
behalf application is being made is an individual with a disability,
applying on behalf of one or more individuals with a disability, or
a developer or provider of housing for one or more individuals with
a disability;
(B)
A description of the accommodation requested and the specific
exception, modification or relief from the Code section, policy or
practice that is being requested;
(C)
Plans and detailed information of any physical improvements
to the property being proposed, including photos and supporting information
necessary for the review authority to evaluate the accommodation being
requested;
(D)
A detailed explanation as to why the accommodation requested
is necessary to provide one or more individuals with a disability
an equal opportunity to use and enjoy the dwelling and how it will
achieve this result; and
(E)
Any other information that the City Manager or designee reasonably
concludes is necessary to determine whether the findings of this subsection
can be made, so long as any request for information regarding the
disability of the individual(s) benefited complies with applicable
fair housing law protections and the privacy rights of the individual(s)
affected.
iii.
When an application is made, the City may engage in an interactive
process with the applicant to devise alternative accommodations that
provide the applicant with an opportunity to use and enjoy a dwelling,
where such alternative accommodations would reduce impacts to neighboring
properties and residents of the surrounding area.
c.
Review Authority. The City Manager or designee is vested with the
authority to approve, conditionally approve, or deny requests for
reasonable accommodation. No public hearing is required.
d.
Required Written Findings.
i.
The review authority's written decision to approve, conditionally
approve, modify or deny a request for reasonable accommodation shall
be consistent with all applicable federal and state laws and shall
be based on the following findings, all of which are required for
approval:
(A)
That the requested accommodation is requested by or on behalf
of one or more individuals with a disability;
(B)
That the requested accommodation is necessary to provide one
or more individuals with a disability an equal opportunity to use
and enjoy a dwelling and will effectuate the accommodation;
(C)
That the requested accommodation will not impose an undue financial
or administrative burden on the City as "undue financial and administrative
burden" is defined in fair housing laws and interpretive case law;
(D)
That the requested accommodation will not result in a fundamental
alteration in the nature of the City's zoning scheme or other City
program, as "fundamental alteration" is defined in fair housing laws
and interpretive case law; and
(E)
That the requested accommodation will not, under the specific
facts of the case, result in a direct threat to the health and safety
of other individuals or physical damage to the property of others.
ii.
In making these findings, to the extent consistent with federal and
state law, the review authority may consider, without limitation,
the following additional factors:
(A)
Whether the requested accommodation is being provided primarily
to benefit individuals who are disabled;
(B)
Whether financial considerations make the requested accommodation
necessary in light of the relevant market and market participants;
(C)
Whether the requested accommodation would result in a significant
increase in traffic or insufficient parking;
(D)
Whether the requested accommodation would substantially undermine
the policies of the General Plan or any applicable specific plan;
(E)
Whether the requested accommodation would create an institutionalized
environment due to the number of tenants being proposed and/or the
congregation of facilities that are similar in nature or operation;
and
(F)
Whether the requested accommodation would significantly deprive
any neighboring property owners of the use and enjoyment of their
own properties.
e.
Decision.
i.
Notice of Decision. The review authority shall set forth the findings
and any conditions of the approval in a written decision, which shall
be sent to the applicant. The written decision shall inform the applicant
of the right to appeal the decision and the time period and procedures
for doing so.
ii.
Conditions of Approval. In granting a request for reasonable accommodation,
the review authority may impose any conditions of approval deemed
reasonable and necessary to ensure that the reasonable accommodation
will comply with the required findings set forth above. Conditions
may also be imposed to ensure that any removable structures or physical
design features that are constructed or installed in association with
the reasonable accommodation request shall be removed prior to the
sale, transfer, lease, or other conveyance of the property, or once
those structures or physical design features are no longer necessary
to accommodate a person with a disability, or to reduce impacts upon
neighboring properties, and the property owner may be required to
enter into and record a restrictive covenant benefitting the City,
in a form acceptable to the City Attorney, to ensure compliance with
such conditions.
f.
Expiration.
i.
Expiration. Any approval or conditional approval of a reasonable
accommodation shall expire and become null and void within one year
from the effective date of the approval or at an alternative time
specified as a condition of approval unless:
ii.
Time Extension. The City Manager or designee may approve one or more
time extensions for a previously approved reasonable accommodation
for good cause. Each time extension shall be limited to one year or
less. A request for a time extension shall be made in writing to the
City Manager or designee prior to the expiration date of the reasonable
accommodation approval.
g.
Effect of Approval; Revocation; Discontinuance.
i.
Does Not Run with the Land. A reasonable accommodation approved by
the City does not run with the land. Upon discontinuance or revocation
of a previously approved reasonable accommodation request, the City
may require the property owner and/or occupant(s) to bring the property
into conformance with this code to the extent that relief was granted
as part of the request for reasonable accommodation.
ii.
Revocation. After notice and an opportunity for hearing, the City Manager or designee may revoke any previously granted reasonable accommodation approval due to violations of any conditions of approval or laws in connection with use of the reasonable accommodation. The decision of the City Manager or designee to revoke a reasonable accommodation shall be final unless appealed by the applicant to the City Council within 10 days. The procedures set forth in Section 2.60.060 of this code shall apply to such appeals.
iii.
Discontinuance. A previously approved reasonable accommodation
shall lapse and be deemed null and void if the exercise of rights
granted by the reasonable accommodation is discontinued for 180 consecutive
days and/or if the individual or individuals with a disability on
whose behalf an approved reasonable accommodation was requested vacate
the premises, unless, following consideration of a new application
in accordance with this section, the City Manager or designee determines
that: (1) the modification is physically integrated into the residential
structure such that it would be impractical to require the property
to be returned to its previous condition; or (2) the accommodation
is necessary to give another disabled individual an equal opportunity
for use and enjoyment of the dwelling. The City Manager or designee
may, at any time, request in writing the applicant or any successor-in-interest
to the property subject to a previously approved reasonable accommodation
to provide documentation demonstrating that the accommodation remains
necessary to ensure the equal use and enjoyment of the property by
an individual or individuals with a disability and/or continued compliance
with the applicable conditions of approval. Failure to provide such
documentation with 15 days of the date of such request shall constitute
evidence of discontinuance of the exercise of rights granted by the
reasonable accommodation.
(2758 § 2, 2009; 2863 § 6, 2016; 2894 § 4, 2018; 2939 § 3,
2022)
Hearings Before the Planning Commission and the Zoning Administrator. Decisions made at hearings before the Planning Commission and Zoning Administrator are final, except those listed in Section 9.32.030, or unless appealed to City Council.
(2758 § 2, 2009)
A public hearing for land use actions listed in Title 9 as amended
shall be convened before the appropriate hearing body for the purposes
of:
A.
Informing
interested parties and members of the community of proposed changes
to the development of real property in the City, or changes to the
regulation of and definition of types of real property in the City.
Hearings shall be conducted according to the requirements of municipal
and state planning laws.
B.
Providing
interested parties and members of the community an opportunity to
give testimony to the hearing body regarding proposed changes in the
regulation of and definition of real property in the City.
(2758 § 2, 2009)
Notice of time and place and date of public hearings shall be
given in the following manner, consistent with State Code.
A.
Notice
of any public hearing upon a proposed amendment to this title shall
be given by at least one publication in a newspaper of general circulation,
in the City not less than 10 days before the date of said public hearings.
B.
Any
land use application not provided for this title and requiring a public
hearing shall be noticed in the following way:
1.
A
written notice shall be mailed or delivered not less than 10 days
prior to the date of such hearing to the last known address of the
owner or owners of the property located within not less than a 300-foot
radius of the exterior boundaries of the subject property, as indicated
on the latest available assessment rolls in the City Hall; or
2.
A
written notice shall be mailed or delivered to the owner or owners
of subject property and to the applicant if he or she be a person
other than the owner of this property not less than 10 days prior
to the date of hearing on any type of publication;
3.
A
written notice shall be mailed or delivered not less than 10 days
prior to the hearing to each local agency expected to provide water,
sewage, streets, roads, schools or other essential facilities or services
to the project, whose ability to provide those facilities and services
may be significantly affected.
C.
Time
of a Public Hearing. The secretary of the Planning Commission shall
set land use hearings before the Planning Commission or the Zoning
Administrator as provided by this chapter. The date of the public
hearings shall be not less than 10 days nor more than 60 days from
the date of the filing of the verified application or the adoption
of the resolutions or the making of the motion.
D.
Required
Wording of Notices. Public notice of hearings on land use actions
shall consist of the words "Notice of Proposed Change of Zone Boundaries
or Classification" or "Notice of Proposed Site Plan" or "Notice of
Proposed Conditional Use Permit" or other similar wording as the case
may be, setting forth the address and description of the property
under consideration, the nature of the proposed change, or requested
permit or use, and the time, place and date, at which the public hearing
or hearings on the matter will be held.
E.
Continuance
of Public Hearing. If for any reason, testimony or any case set for
public hearing cannot be completed on the date set for such hearing,
the person presiding at that public hearing may, before adjournment
or recess of the public hearing, publicly announce the time and place
to and at which these hearings will be continued. No further notice
is required.
Public hearings may be continued by the hearing body without
readvertising for public hearing, and at no expense to any person,
when a full hearing body is not available for consideration of an
applicant's request. Request for such continuance may be made by the
applicant, and the granting of such request shall not be construed
as a request for continued public hearing for the purpose of determining
when to levy readvertising fees.
(2758 § 2, 2009)
It is the responsibility of the City Manager, or his or her
designated representative, to investigate the facts bearing upon an
application set for hearing, and to prepare and submit an appropriate
report thereon.
(2758 § 2, 2009)
The Planning Commission, Zoning Administrator and City Council
may establish rules governing the conduct of the respective public
hearings.
(2758 § 2, 2009)
For good reason, notwithstanding provisions set forth in this
section, public hearings may be continued to a time certain upon receipt
of a first request from any interested party. The second request for
a continuance may be granted only on the condition that the case be
readvertised, and the applicant or other person requesting the continuance
be responsible for the cost of such readvertising. The hearing body,
by normal voting procedure, may waive such readvertising cost for
any person.
(2758 § 2, 2009)
A.
Decisions
of Planning Commission.
1.
The
vote of the Planning Commission required to approve any matter within
its jurisdiction shall be as provided by the planning and zoning law
of the State of California, and in the absence of any specific voting
requirement therein, the approval of any matter shall require the
vote of a majority of the quorum of said body.
2.
In
any instance where a vote of a sufficient majority cannot be obtained
on any matter before it, such matter shall be deemed to have been
denied.
4.
Not
more than 30 days following the termination of proceedings of the
public hearing on an application for a land use action, the Planning
Commission shall announce findings, and issue an order, in writing.
A copy of this order shall be mailed to the applicant at the address
shown on the application and shall, within 15 days of the adoption
of the resolution, be transmitted to the City Council.
a.
This order shall recite, among other things, the facts and reasons
that, in the opinion of the hearing body, make the granting or denial
of the application necessary to carry out the provisions and general
purpose of this chapter;
b.
This order shall direct that the application be either granted or
denied;
c.
If the application is granted, the order shall also recite the conditions
and limitations as the hearing body may impose.
6.
Orders
of the Planning Commission shall be by resolution and shall be called
resolutions.
B.
Zoning
Administrator.
1.
Orders
of the Zoning Administrator shall be called decisions.
a.
The decision shall recite, among other things, the facts and reasons
that, in the opinion of the hearing body, make the granting or denial
of the application necessary to carry out the provisions and general
purpose of this chapter.
b.
The decision shall direct that the application be either granted
or denied.
c.
If the application is granted, the decision shall also recite such
conditions and limitations as the hearing body may impose.
2.
Findings. Findings shall be made by the Zoning Administrator in compliance with Section 9.32.030.
3.
Notice
of Order of the Zoning Administrator. Not later than 15 days following
the rendering of an order directing that a land use action be granted
or denied, a copy of the decision shall be mailed to the applicant
at the address shown on the application.
C.
Effective
Date of Order Granting or Denying Land Use Actions. The order granting
or denying a land use action shall become final 21 days after the
order, unless within such 21-day period an appeal in writing is filed
with the City Clerk by either an applicant or opponent. The filing
of the appeal within such time limit shall stay the effective date
of the order until such time as the City Council has acted upon the
appeal, as hereafter set forth in this chapter.
D.
Permanent
Records. Applications filed pursuant to this section shall be numbered
consecutively in the order of their filing and shall become a part
of the permanent filed therewith.
All pertinent and required documentation shall be attached thereto
and permanently filed therewith.
E.
Orders
of the Hearing Body Kept as Permanent Record. The resolutions and
the decisions of the hearing body shall be numbered and shall become
a permanent record in the files of the City Manager or designee.
1.
Summary
of Testimony. A summary of all pertinent testimony offered at public
hearings held in connection with an application filed pursuant to
this chapter and the names of persons testifying shall be recorded
and made a part of the permanent files of the case.
2.
Copies
of all notices and actions, with certificates and affidavits of posting
and mailing and publications with certificates pertaining thereto
shall also become a part of the permanent official records of the
City.
3.
Permanent
files shall include a summary of testimony.
F.
Transmission
of Records to the City Council. For those land use actions requiring
City Council hearing, the recording secretary of the Planning Commission
shall advise the City Clerk of such required hearing, and transmit
the complete record of the case.
G.
Notice
of City Council Hearings. For City Council public hearings regarding
land use actions, the City Council shall provide notice in accordance
with this chapter and state law.
H.
City
Council to Hold Public Hearings. Within 60 days following the advisement
by the recording secretary of the Planning Commission that a public
hearing before the City Council is required, the City Council shall
conduct a public hearing in accordance with this chapter.
I.
Order
of the City Council Shall Be Final. Any action by the City Council
that either approves or disapproves an action of the hearing body,
as the case may be, shall be by the affirmative vote of at least three
members of the City Council, and shall be final and conclusive.
J.
Adverse
Decision of Council to Be Referred to the Planning Commission.
1.
If
the City Council proposes an action that is contrary to the action
of the Planning Commission, the City Council may take action on the
matter that shall be final and conclusive. The City Council may, before
taking final action, remand its proposed findings to the Planning
Commission and request further report on the matter.
2.
If
the City Council proposes an action that modifies the action of the
Planning Commission and the modification was not previously considered
by the Planning Commission then, before final action is taken, the
City Council shall remand the matter to the Planning Commission for
further report.
3.
The Planning Commission shall hold a duly advertised public hearing as provided in Section 9.32.040 if the City Council proposes an action that modifies or is contrary to the action of the Planning Commission, and that decision is based on substantial new evidence or testimony. Such hearing shall be on only those matters remanded. In determining whether or not evidence is new and substantial, the City Council shall consider whether due process would be better served by remanding the matter back to the Planning Commission for further hearing. Council action on such a determination is final. For purposes of clarification, new substantial evidence shall be that which is submitted into the public record during a public hearing that has bearing on the possible outcome of a requested action and that was not previously considered by the original hearing body.
4.
Failure
to report within 60 days after reference may be deemed by the City
Council to be approval of any proposed change.
K.
City Council to Announce Findings and Orders by Resolution. The City Council shall announce its findings and orders by formal resolution, not more than 30 days following the termination of proceedings of the hearing or upon receipt of a report from the hearing body when a matter has been referred back pursuant to Chapter 9.32. Such resolution shall recite, among other things, the facts and reasons that, in the opinion of the City Council, made the granting or denial of the discretionary use provision necessary to carry out the general purpose of this chapter, and shall order that the matter be granted, denied or modified, subject to such conditions or limitations that it may impose.
L.
Approval
by City Council and Adoption of Resolution. If the resolution is not
adopted by City Council due to a deadlock or the vote, the appellate
decision after a period of 60 days shall be superseded by the decision
of the previous hearing body.
M.
Notice
of Decision of City Council. Not later than 15 days following the
adoption by the City Council of a resolution approving or denying
amendment to this chapter, or an appeal, one copy of such resolution
shall be forwarded to the applicant at the address shown upon the
application and one copy shall be attached to the file in the case
and the complete file returned to the Planning Commission for permanent
filing.
(2758 § 2, 2009)
The purpose of an appeal of a hearing body decision is to allow
an applicant or an interested party of a land use action who feels
aggrieved by the decision to seek review of the case by another imported
hearing body.
(2758 § 2, 2009)
A decision of a hearing body on a land use action may be appealed
by the applicant, or an individual, within 21 days of the date on
which the decision is rendered, unless otherwise specified in this
chapter.
(2758 § 2, 2009)
All appeals shall be submitted to the City Clerk on a City application
form along with all applicable fees, and shall specifically state
the basis for the appeal.
(2758 § 2, 2009)
Notice of an appeal hearing shall conform to the manner in which the original notice was given, as described in Sections 9.32.040 through 9.32.100 of this chapter.
(2758 § 2, 2009)
B.
Any
modification of a land use action that was appealed by City Council
shall be returned to the City Council for review.
(2758 § 2, 2009)
Unless a time extension is granted in accordance with Section 9.24.030, any discretionary action becomes null and void if not exercised within the time specified in the approval of the discretionary action or, if no date is specified, within one year from the date of approval of such discretionary action.
(2758 § 2, 2009)
A.
Authority
and Declaration of Public Nuisance. In addition to and in accordance
with the determination made, and the authority granted, by the State
of California under Section 22660 of the Vehicle Code to remove abandoned,
wrecked, dismantled or inoperative vehicles or parts thereof as public
nuisances, the City Council makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled, or
inoperative vehicles or parts thereof on private or public property,
not including highways, is hereby found to create a condition tending
to reduce the value of private property, to promote blight and deterioration,
to invite plundering, to create fire hazards, to constitute an attractive
nuisance creating a hazard to the health and safety of minors, to
create a harborage for rodents and insects and to be injurious to
the health, safety and general welfare. Therefore, the presence of
an abandoned, wrecked, dismantled or inoperative vehicle or part thereof,
on private or public property, not including highways, except as expressly
hereinafter permitted, is hereby declared to constitute a public nuisance
that may be abated as such in accordance with the provisions of this
section.
B.
Penalty
for Violation. It is unlawful and a misdemeanor for any person to
abandon, park, store, or leave or permit the abandonment, parking,
storing or leaving of any licensed or unlicensed vehicle or part thereof
that is in an abandoned, wrecked, dismantled or inoperative condition
upon any private property or public property, not including highways,
within the City, for a period in excess of seven days, unless that
vehicle or part thereof is completely enclosed within a building in
a lawful manner where it is not plainly visible from the street or
other public or private property, or unless the vehicle is stored
or parked in a lawful manner on private property in connection with
the business of a licensed dismantler, licensed vehicle dealer or
a junkyard.
C.
Penalty
for Failure to Comply. It is unlawful and a misdemeanor for any person
to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative
vehicle or part thereof or refuse to abate that nuisance when ordered
to do so in accordance with the abatement provisions of this section,
or state law where state law is applicable.
D.
Exceptions.
This section shall not apply to:
1.
A
vehicle or part thereof that is completely enclosed within a building
in a lawful manner where it is not visible from the street or other
public or private property; or
2.
A
vehicle or part thereof that is stored or parked in a lawful manner
on private property in connection with the business of a licensed
dismantler, licensed vehicle dealer, a junk dealer, or when storage
or parking is necessary to the operation of a lawfully conducted business
or commercial enterprise.
Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and Title 9 of this code.
E.
This
Section not Exclusive Regulation. This section is not the exclusive
regulation of abandoned, wrecked, dismantled or inoperative vehicles
within the City. It shall supplement and be in addition to the other
regulatory codes, statutes and ordinances heretofore or hereinafter
enacted by the City, the state or any other legal entity or agency
having jurisdiction.
F.
Enforcement
Officer, Authority to Enter Property. Except as otherwise provided
herein, the provisions of this section shall be administered by the
City Manager or designee. In the administration of this section, such
officer and his or her deputies, after providing notice required by
law, and obtaining any warrants required by law, may enter upon private
or public property to examine a vehicle or parts thereof, or to obtain
information as to the identity of a vehicle and/or to remove or cause
the removal of a vehicle or part thereof declared to be a nuisance
pursuant to this section.
G.
Authority
for Contractor to Enter Property for Removal. When the City Council
has contracted with, or granted a franchise to, any person or persons,
that person or persons shall be authorized to enter upon private property
or public property after providing notice required by law, and obtaining
any warrants required by law to remove or cause the removal of a vehicle
or parts thereof declared to be a nuisance pursuant to this section.
H.
Administrative
Costs. The City Council shall from time to time determine and fix
an amount to be assessed as administrative costs (excluding the actual
cost of any vehicle or part thereof) under this section.
I.
Public
Hearing Required—Notice. A public hearing shall be held on the
question of abatement and removal of the vehicle or part thereof as
an abandoned, wrecked, or dismantled or inoperative vehicle and the
assessment of administrative costs and the cost of removal of the
vehicle or part thereof against the property on which it is located.
J.
Notice
to California Highway Patrol. Notice of hearing shall also be given
to the California Highway Patrol identifying the vehicle or part thereof
proposed for removal, such notice to be mailed at least 10 days prior
to the public hearing.
K.
Conduct
of Hearing, Findings, Orders and Determinations. All hearings under
this section shall be held before the Zoning Administrator, or his
or her deputy, that shall hear all facts and testimony he or she deems
pertinent. These facts and testimony may include testimony on the
condition of the vehicle, or part thereof, and the circumstances concerning
its location on that private property or public property. The Zoning
Administrator shall not be limited by the technical rules of evidence.
The owner of the land on which the vehicle is located may appear in
person at the hearing or present a written statement in time for consideration
at the hearing and deny responsibility for the presence of the vehicle
on the land, with his or her reasons for such denial. The Zoning Administrator
may impose such conditions and take such other action as he or she
deems appropriate under the circumstances to carry out the purpose
of this title. He or she may delay the time for removal of the vehicle
or part thereof if, in his or her opinion, the circumstances justify
it. At the conclusion of the public hearing, the Zoning Administrator
may find that a vehicle or part thereof has been abandoned, wrecked,
dismantled, or is inoperative on private or public property, and order
the vehicle removed from the property as a public nuisance and disposed
of as hereinafter provided and determine the administrative costs
and the cost of removal to be charged against the owner of the parcel
of land on which the vehicle or part thereof is located. The order
requiring removal shall include a description of the vehicle or part
thereof, and the correct identification number and license number
of the vehicle if available at the site. The owner of the parcel of
land shall be notified in writing of the decision. If it is determined
at the hearing that the vehicle was placed on the land without the
consent of the land owner, and that he or she has not subsequently
acquiesced in its presence, the Zoning Administrator shall not assess
costs of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect
such costs from such land owner. If an interested party makes a written
presentation to the Zoning Administrator but does not appear, he or
she shall be notified in writing of the decision.
L.
Appeals,
City Council Hearing. Any interested party may appeal the decision
of the Zoning Administrator by filing a written notice of appeal with
the City Clerk within five days after the decision of the Zoning Administrator.
Such appeal shall be heard by the City Council, which may affirm,
amend or reverse the order or take other action deemed appropriate.
The City Clerk shall give written notice of the time and place of
the hearing to the appellant and those persons specified in this section.
In conducting the hearing, the City Council shall not be limited by
the technical rules of evidence.
M.
Removal
of Vehicle. Five days after adoption of the order declaring, the vehicle
or parts thereof to be a public nuisance, five days from the date
of mailing of notice of the decision, if a notice is required by this
section, or 15 days after action of the City Council authorizing removal
following appeal, the vehicles or parts thereof may be disposed of
by removal to a scrapyard or automobile dismantler's yard. After a
vehicle has been removed, it shall not thereafter be reconstructed
or made operable.
N.
Notice
to Department of Motor Vehicles on Removal. Within five days after
the date of removal of the vehicle or part thereof, notice shall be
given to the Department of Motor Vehicles identifying the vehicles
or part thereof removed. At the same time there shall be transmitted
to the Department of Motor Vehicles any evidence of registration available,
including registration certificates, certificates of title and license
plates.
O.
Payment
of Assessment—Nonpayment a Lien. If the administrative costs
and the cost of removal that are charged against the owner of a parcel
of land pursuant to this section are not paid within 30 days of the
date of the order or the final disposition of an appeal therefor,
such costs shall be assessed against the parcel of land pursuant to
Section 38773.5 of the Government Code, and shall be transmitted to
the tax collector for collection. Said assessment shall have the same
priority as other City taxes.
(2758 § 2, 2009)
A.
Purpose.
The purpose of this section is to encourage property maintenance practices
and standards that will avoid conditions that are detrimental to the
public health, safety, or general welfare, or conditions that constitute
a public nuisance as defined by Section 3480 of the California Civil
Code.
B.
Declaration
of Civil Public Nuisance. It is declared a civil public nuisance for
any person owning, leasing, occupying, or having charge or possession
of any premises in the City to maintain upon such premises, or to
permit, cause, or allow to exist on such premises, any condition that
is detrimental to the public health, safety, or general welfare, or
that constitutes a public nuisance as defined by Section 3480 of the
California Civil Code. Such conditions shall include but shall not
be limited to the following:
1.
Buildings
or structures, or portions thereof, that are damaged, dilapidated,
or inadequately or improperly maintained such that they are structurally
unsafe, or do not provide adequate egress, or that constitute a fire
hazard, or that are otherwise dangerous to human life or that in relation
to existing use constitute a hazard to the public health, safety,
or general welfare. Such buildings or structures shall include those
that are abandoned, hazardously or inadequately boarded up, partially
destroyed, or in a state of partial construction;
2.
Other
conditions related to buildings, structures, walls, fences, or landscaping
that are of a hazardous nature and require immediate correction, repair,
or adequate and proper maintenance, including but not limited to the
existence of broken glass in doors or windows that are located in
an area of public access, surfaces showing evidence of dry rot, warping,
or termite infestation; doors, aisles, passageways, stairways, or
other means of exit that do not provide a safe and adequate means
of exit; any wall or other vertical structural member that lists,
leans, or is buckled to such an extent that a plumbline passing through
the center of gravity does not fall inside the middle one-third of
the base; or any other condition that because of a lack of proper
sanitation or soundness, or as a result of dilapidation, decay damage
or faulty construction or arrangement, is likely to cause sickness,
disease, or threat to the public health, safety or general welfare;
3.
Land,
the topography, geology, or configuration of which, whether in a natural
state or as a result of grading operations, causes erosion, subsidence,
or surface water runoff problems of such magnitude to be injurious
or potentially injurious to the public health, safety, or general
welfare;
4.
Vegetation,
including, but not limited to, trees, shrubbery, or grass, cultivated
or uncultivated, that is overgrown, dead, decayed, or diseased such
that it is likely to harbor rats, vermin, insects, or other nuisances
that are dangerous to the public health safety, or general welfare;
5.
Any
materials, equipment, vehicles, broken or discarded furniture, boxes,
lumber, junk, trash or debris that is stored in any yard area in such
a manner or in such condition as to be detrimental to the public health,
safety, or general welfare;
6.
Trash
or garbage cans, bins, boxes, or other such containers that are unclean,
uncovered, or damaged and that are stored in a front or side yard
such that they may be visible from the public street and may be detrimental
to health, safety, or general welfare;
7.
Excavations,
ponds, pools, or unenclosed or empty swimming pools that may be an
attractive nuisance to children or in such other condition as may
be detrimental to the public health, safety, or general welfare;
8.
Areas
for the movement, parking, loading, repair or storage of vehicles
shall be paved with a continuous, impervious material so as provide
an even, unbroken driving surface, and be striped as required by Sections
9.08.040.130 through 9.08.040.190, Sections 9.12.040.160 through 9.12.040.220,
and Sections 9.16.040.130 through 9.16.040.210 to assure proper parking
alignment and circulation. These requirements shall not apply to areas
beneath mobile homes;
9.
Unpainted
buildings and those having dry rot, warping, or termite infestation.
Buildings on which the condition of the paint has become so deteriorated
as to permit decay, excessive checking, cracking, peeling, dry rot,
warping, or termite infestation so as to render the buildings unsightly
and in a state of disrepair.
C.
This
Section Not Exclusive Regulation. This section is not the exclusive
regulation of property maintenance. It shall be supplemental and in
addition to the other regulatory codes, statutes, and ordinances heretofore
or hereinafter enacted by the City, State of California, or any other
legal entity or agency having jurisdiction.
D.
Enforcement
Officer, Right of Entry. Except as otherwise provided herein, the
provisions of this section shall be administered by the City Manager
or his or her designee. In the administration of this part, the City
Manager or his or her designee may, after first providing notice required
by law, or securing a court order from a court of competent jurisdiction,
enter upon private or public property to examine the condition of
the property for any of the conditions listed above in this section.
E.
Rehabilitation
of Public Nuisance. All or any part of premises or property found
to be maintained in violation of this section may be abated by rehabilitation,
demolition, or repair pursuant to the procedures set forth herein.
F.
Finding
of Nuisance. Whenever the City Manager or his or her designee shall
find that any premises or property within the City is maintained contrary
to the provision of this section, he or she shall give notice to the
owner of record of said property as reflected in the most recent county
assessor's parcel roll, stating the violation of said section and
the conditions that constitute a public nuisance. Such notice shall
set forth a reasonable time limit for correction of the violation
and of the public nuisance, and may also set forth suggested methods
for correcting same. Such notice shall be personally served upon or
mailed to the property owner of record by certified mail.
G.
Hearing
to Abate Nuisance. In the event said owner of record shall fail, neglect,
or refuse to comply with the notice to correct violations provided
for in this section above, a public hearing before the Neighborhood
Improvement and Conservation Commission shall be held for the purposes
stated in conduct of hearing, findings, orders and determinations,
in this section below. Notice of said hearing shall be personally
served upon or mailed to the property owner of record at least 10
days before the hearing by certified mail, with a five-day return
requested. If the foregoing notice is returned undelivered by the
United States Post Office, the hearing shall be continued to a date
not less than 10 days from the date of such return.
H.
Conduct
of Hearing, Findings, Orders, and Determinations. All hearings under
this section shall be held before the Neighborhood Improvement and
Conservation Commission that shall hear and consider all evidence
offered as to whether or not a nuisance, in fact, exists. If the Neighborhood
Improvement and Conservation Commission determines that no nuisance
exists, the City Manager and his or her designees shall take no further
action with respect to the subject property. If the Neighborhood Improvement
and Conservation Commission determines that a nuisance exists, the
Neighborhood Improvement Commission shall order the nuisance removed
and abated by the owner within a reasonable period of time then specified
and may further recommend to the City Attorney that he or she seek
a court order from a court of competent jurisdiction to abate the
nuisance if it is not timely abated by the owner. The owner of record
of the property may appear in person at the hearing or present a written
statement in time for consideration at the hearing. The decision of
the Neighborhood Improvement and Conservation Commission shall be
final.
I.
Service
of Order to Abate. A copy of the resolution of the Neighborhood Improvement
and Conservation Commission ordering the abatement of the nuisance
shall be served upon the owners of record of the property by certified
mail or personal service, and shall contain a detailed list of needed
corrections and abatement methods. Any property owner shall have the
right to have such premises rehabilitated or to have such buildings
or structures demolished or repaired in accordance with said resolution
at his or her own expense, provided the same is done prior to the
expiration of a reasonable abatement period that shall commence upon
the date the resolution is served upon the owner. Upon such abatement
in full by the owner, proceedings hereunder shall terminate.
J.
City
Abatement. If such nuisance is not completely abated as directed by
the resolution of the Neighborhood Improvement and Conservation Commission
within the reasonable abatement period mentioned in the above section,
then the City Manager or his or her designee, after provided notice
required by law and obtaining any warrants required by law, may implement
the abatement action in accordance with the Neighborhood Improvement
and Conservation Commission order, without further proceedings. The
City Manager may direct and cause the same to be abated by city forces
or private contract. Notwithstanding the foregoing, in the event that
the estimated cost of abatement exceeds $10,000.00, or abatement requires
the removal of a permitted structure, the City Attorney shall first
obtain a court order for the abatement.
K.
Expenses,
Lien. Pursuant to California Government Code Sections 38773 and 38773.5,
all expenses so incurred by the City in connection with such abatement
shall be charged to, and become an indebtedness to, the owner of such
structure or premises, as well as a lien upon the affected property,
as elsewhere herein provided.
L.
Cost
Accounting—Notification. The City Manager or his or her designee
shall keep an account of the cost, including incidental expenses,
of abating such nuisance on each separate lot or parcel of land where
the work is done, and shall render a sworn itemized report in writing
to the City Council showing the cost of abatement and the rehabilitating,
demolishing or repairing of said premises, buildings, or structures,
including any salvage value relating thereto; provided that at least
five days before said report is submitted to said City Council, a
copy of same shall be personally served or mailed by certified mail
to the property owner of record, together with a notice of the time
when said report shall be heard by the City Council for confirmation.
Proof of said service or mailing shall be made by affidavit filed
with the City Clerk. The term "incidental expenses" shall include,
but not be limited to, the actual expenses and cost of the City in
the preparation of notices, specifications and contracts, and inspecting
the work and the cost of printing and mailing required hereunder,
and any other legal and administrative enforcement costs.
M.
Assessment
Lien.
1.
The
total cost for abating such nuisance, as so confirmed by the City
Council, shall constitute a special assessment against the respective
lot or parcel of land to which it relates, and a personal obligation
against the property owner pursuant to California Government Code
Sections 38773 and 38773.5, and upon recordation in the office of
the County Recorder of a notice of lien, as so made and confirmed,
shall constitute a lien on said property and said property owner for
the amount of such assessment.
2.
After
confirmation and recordation, a copy may be turned over to the tax
collector for the City, whereupon it shall be the duty of the tax
collector to add the amounts of the respective assessments to the
next regular tax bill levied against those respective lots and parcels
of land for municipal purposes, and thereafter that amount shall be
collected at the same time and in the same manner as ordinary municipal
taxes are collected and shall be subject to the same penalties and
the same procedure under foreclosure and sale in case of delinquency
as provided for ordinary municipal taxes; or, after recordation such
lien may be foreclosed by judicial or other sale in the manner and
means provided by law.
3.
Notice
of lien for recordation shall be in the form substantially as follows:
|
NOTICE OF LIEN
|
|
Claim of City of Garden Grove Pursuant to the Authority vested by the provision of Chapter 9.32 of the Garden Grove Municipal Code, the City Manager or designee of the City of Garden Grove did on or about the __________ day of _____, 20__, cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Garden Grove did on the ________ day of _____, 20__, assess the cost of such rehabilitation, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Garden Grove does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $ _____: and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Garden Grove, County of Orange, State of California, and in particularly described as follows:
|
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(description)
|
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Dated: This _____ day _____, 20__.
|
|
City Manager, City of Garden Grove
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N.
Alternative
Actions Available. Nothing in the foregoing sections shall be construed
to prevent the filing of a civil court action to abate a public nuisance
pursuant to applicable law or to file a misdemeanor criminal action
if deemed legally appropriate by the City Attorney.
(2758 § 2, 2009)
A.
All
refuse and refuse storage containers shall be stored within an approved
storage area, or within an enclosed building.
B.
All
refuse storage areas shall be maintained in a neat and sanitary manner.
C.
All
refuse storage areas shall be readily accessible to the users they
serve, as well as for collection operations.
D.
Refuse
storage areas may be combined provided the total area is not less
that which would be required if built separately.
(2758 § 2, 2009)
A.
Purpose.
The purpose of this section is to establish minimum standards for
maintenance of properties that are consistent with community standards
and that promote sound maintenance practices, enhance livability,
and improve the community appearance of the City. The goal of this
title is to prevent properties from becoming blighted, resulting in
diminution in the enjoyment, use, and property values of surrounding
properties that are well maintained.
B.
It is
unlawful for any person owning, leasing, occupying or having charge
or possession of any property in the City to maintain such property
in such manner that any of the following conditions are found to exist
thereon:
1.
Buildings
or structures not secured or locked, and accessible to persons not
authorized to use such structures;
2.
Buildings
or structures with broken windows for longer than 21 days;
3.
Clotheslines,
clothing, or household fabrics hung, dried or aired in such a manner
so as to be visible from public streets;
4.
Trash,
garbage or refuse cans, bins, boxes or other such containers stored
in front or side yards and visible from public streets. Refuse containers
may be placed at the collection location in public view between 4:00
p.m. on the day preceding collection until 10:00 p.m. on the day of
collection. Dumpsters or storage bins may be located in front yard
areas while excavation, construction or demolition operations covered
by an active building permit are in progress on the subject property;
5.
The
following items are prohibited from being stored in the front or side
yards and, if stored in rear yards, may not be visible from a public
street, alley, or adjoining property: lumber, trash, debris, abandoned
or unused furniture, stoves, sinks, or other household fixtures or
equipment. Construction equipment, machinery, or materials is only
permitted on the property while construction or demolition operations
covered by an active building permit are in progress. Landscape equipment
is permitted only while work is in progress on the subject property;
6.
Vegetation,
including but not limited to trees, shrubbery, or grass, that is overgrown,
dead, decayed, or diseased. Grass higher than eight inches or weeds
higher than 18 inches shall be considered overgrown;
7.
Unpainted
buildings and those having dry rot, warping, or termite infestation
in excess of 15% of the surface area. Buildings on which the condition
of the paint has become so deteriorated as to permit decay, excessive
checking, cracking, peeling, dry rot, warping, or termite infestation,
so as to render the buildings unsightly and in a state of disrepair.
(2758 § 2, 2009)
A.
Intent
and Findings. The City Council establishes private property maintenance
standards as a city and community goal to preserve and enhance the
aesthetic appearance of buildings and appurtenant amenities. It is
critical to the promotion of the public health, safety and welfare
that the City establish minimum property maintenance standards to
maintain and enhance the livability and community appearance with
respect to vacant, unoccupied or abandoned buildings throughout the
City. The City Council further finds that it is a goal of the City
to engage in the promotion of an aesthetically pleasing community
through the enforcement of property maintenance standards to prevent
real property from becoming blighted, unattractive, dilapidated or
deteriorated, which conditions result in diminution in property values
and impairment of enjoyment and use of surrounding properties.
B.
This
section is enacted pursuant to Article XI, Section 7 of the California
Constitution.
C.
Property
Maintenance Standards for Vacant, Unoccupied or Abandoned Buildings.
It is unlawful and a public nuisance for any person, corporation or
other legal entity to own, lease, occupy, control or manage any vacant,
unoccupied or abandoned structures and buildings in conflict with
the following standards:
1.
Landscaping.
All existing plant vegetation shall be maintained in a healthy state.
Vegetation, including but not limited to, plants, trees, shrubbery
and grass that are dead, decayed or diseased shall be removed. Overgrown
vegetation shall be trimmed. Grass and weeds higher than 18 inches
shall be considered overgrown.
2.
Debris
and Stored Materials. The property shall be kept clean and sanitary.
There shall be no accumulation of debris, junk, wood, trash or other
materials on the property. There shall be no materials, equipment,
vehicles, broken or discarded furniture, boxes, lumber, junk or trash
stored in any yard area of the property. There shall be no trash or
garbage container bins or boxes that are unclean, uncovered or damaged.
Debris, furniture, fixtures, construction materials, trash, equipment,
inoperable vehicles, and auto parts shall be removed on a weekly basis.
3.
Unpainted
and Deteriorated Painted Buildings. Those buildings, or portions of
buildings, whose paint has been deteriorated, graffitied or eroded,
shall be repainted. Deterioration is exhibited by substantial fading
of color, or decay, or excessive cracking, or peeling, discoloration,
dry rot, warping or termite infestation so as to render the building
and related structures unsightly. Any repairs, additions, improvements,
boarded up materials, or additions of any kind whatsoever made to
the building or related structures shall be in the same color scheme
of the existing improvements.
4.
Damaged
Buildings and Structures. Buildings or structures, or portions thereof,
that are damaged, dilapidated or inadequately maintained, shall be
repaired. Buildings and structures shall be kept free of any hazardous
conditions that require repair, or proper maintenance, including but
not limited to, broken glass in windows and doors, and exposed wiring.
5.
Infestations.
The property shall be kept free of any rodent, varmint or insect infestation,
as determined by county vector control.
6.
Excavations
and Pools. Any excavation, pool, pond or swimming pool posing an attractive
nuisance or other condition constituting a detriment to the public
health, safety or general welfare shall be filled in with earth, in
accordance with the Uniform Building Code and other applicable codes.
This requirement applies to pools where the bottom is not visible
from the deck.
7.
Security,
Lighting and Fencing. Buildings and structures shall be secured, locked
and made inaccessible to persons not authorized to use same. Unless
perimeter or security fencing was installed as part of an approved
site plan, perimeter or security fencing may be installed only with
the approval of the City Manager or designee.
a.
Exterior lighting shall be provided and maintained operational during
all hours of darkness to illuminate the building perimeter and yard
areas. Lighting shall be of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on the
property.
b.
Fencing (including, but not limited to, chain link) shall not be
permitted to secure the property; existing fencing installed on the
property shall be removed within 60 days from enactment of this section.
This prohibition is based on the finding that the mere appearance
of these fences contributes to further decay, dilapidation and unsightly
appearance of the property as fences, intended to secure a vacant
property, provides the owner a false sense of security and makes it
easier to forsake property maintenance.
D.
Enforcement
of Violations.
1.
Notice
of Violation/Remedial Plan. Any person, corporation or other legal
entity who owns, leases, occupies, controls or manages the subject
property receiving a notice of violation of this section shall provide
to the City, within 10 days, a remedial plan containing specific items
of corrective work to address the noted violations, which plan shall
first be approved by the City Manager or designee, before corrective
work is undertaken. The corrective work shall be completed within
the time prescribed by the City Manager or designee. In the event
that the responsible party proposes demolition as the remedial plan,
the demolition plan shall provide for removal of unsightly cement
foundations or other structures remaining after the demolition work.
2.
Administrative
and Judicial Remedies.
a.
If the responsible party does not take corrective action to conform
the property to the standards of this section, the City Manager or
designee may petition the City Council, through a noticed public hearing
for a finding that the property constitutes a public nuisance; and
an order that the property be brought into compliance with this section,
or demolished. Notice of the public hearing shall be given pursuant
to Government Code Section 6061, and shall be served on the responsible
party as follows:
b.
The public hearing shall be held not less than five calendar days
following the date of service on the responsible party. The notice
of hearing served on the responsible party shall include the notice
of violation and a brief description of the nature of the public hearing,
and the time and location of the hearing.
c.
All expenses of any abatement action by the City shall be charged to the property owner, and shall also become an indebtedness of the owner of such structure or premises, and shall also be a lien on the affected property, in the same manner as provided in Municipal Code Section 9.32.180.
d.
In the event that the City Council confirms that the condition of
the property constitutes a public nuisance, it shall thereby order,
at its discretion, that the buildings and/or structures be demolished,
if appropriate, or brought into compliance with this section.
e.
The City Attorney, at his or her discretion, may elect to obtain
a court order confirming and validating the resolution ordering demolition,
prior to city action to demolish the subject nuisance condition.
f.
The City Council shall adopt written findings supporting its determination,
which shall be mailed by first class mail to the property owner and/or
responsible party.
3.
Criminal
and Civil Relief. As an additional remedy, the City Attorney is authorized
to take direct criminal or civil action in a court of competent jurisdiction
against the responsible party to cause the correction of any violation
under this section.
(2758 § 2, 2009)
