This Chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.
(Ord. 1017, 2013)
All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Zoning Code.
A. 
Permits in conflict with Zoning Code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued.
B. 
Permits deemed void. Any certificate, license, or permit issued in conflict with the provisions of this Zoning Code shall be void and of no effect.
(Ord. 1017, 2013)
A. 
Responsibility of Director.
1. 
The Director shall exercise the authority provided in Penal Code Section 836.5 and issue notices of violation, stop work orders, and citations for any violations of this Zoning Code pertaining to the use of any land, and the addition, alteration, construction, conversion, installation, moving, reconstruction, or use of any structure.
2. 
Wherever the term Director is used in this Chapter, it shall be understood to mean the Director, or the designee(s) of the Director.
B. 
Police Chief and City Attorney. The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Zoning Code.
(Ord. 1017, 2013)
A. 
Pre-approval inspections. Every applicant seeking a permit or any other approval in compliance with this Zoning Code shall allow the City officials handling the application access to any premises or property that is the subject of the application.
B. 
Post-approval inspections. If the permit or other approval in compliance with this Zoning Code is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
C. 
Failure to allow inspections. Failure to allow access for any inspection or re-inspection may result in the denial, revocation, or voiding of the permit or approval, as applicable to the status of the permit or approval.
(Ord. 1017, 2013)
This Section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Chapter may be avoided.
A. 
Notice to responsible parties. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written Courtesy Notice of Violation, which shall include the following information:
1. 
A legal description of the property where the violation exists including street address and/or Assessor's Parcel Number;
2. 
A description of each violation and citations of applicable Zoning Code provisions being violated and required corrective action(s);
3. 
A compliance date for correcting the violation(s) in compliance with Subsection B., below;
4. 
A statement that the City will seek full reimbursement from the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Section 20.635.100 (Recovery of Costs), and/or initiate legal action as described in Section 20.635.080 (Legal Remedies); and
5. 
A statement that the property owner or any person in possession or control of the site may appeal the Courtesy Notice of Violation in compliance with Chapter 20.615 (Appeals).
B. 
Time limit for correction.
1. 
The Courtesy Notice of Violation shall state that the violation(s) shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction.
2. 
The Director may extend the 30-day time limit upon a showing of good cause.
3. 
The Director may also require through the Courtesy Notice of Violation that the correction occur within less than 30 days if it is determined that the violation(s) constitutes a hazard to public health or safety.
C. 
Use of other enforcement procedures. The enforcement procedures of Section 20.635.080 (Legal Remedies) may be employed by the Director after or instead of the provisions of this Section where the Director determines that this Section would be ineffective in securing the correction of the violation(s) within a reasonable time.
(Ord. 1017, 2013)
A. 
Record notice with County Recorder's Office. If property in the City exists in violation of this Zoning Code and the owner fails or refuses to correct the violation, the City may record a Notice of Violation against the affected property in the County Recorder's Office.
B. 
City actions before recordation. Before recording a Notice of Violation, the City shall do all of the following:
1. 
Mailing of notice.
a. 
The Director shall send a written Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time.
b. 
The Director may, in the Director's discretion, send more than one Notice of Violation and conduct an informal show-cause hearing to discuss the violation with the owner(s).
c. 
All notices of violation and hearing notices shall be posted on the violating property.
2. 
Failure to correct violation.
a. 
If the owner fails or refuses to correct the violation(s) within the specified time, the Director shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owner(s), describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the owner(s) to present evidence.
b. 
The notice shall specify a time, date, and place for a Commission hearing or nuisance abatement hearing at which the owner may present evidence to the Commission why the Notice of Violation should not be recorded.
c. 
The Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing and/or posting of the Notice of Violation.
3. 
Commission's actions.
a. 
The Commission shall hear the matter on the date scheduled.
b. 
If, after the owner(s) and the City staff have presented evidence, the Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner.
c. 
If the owner(s) fails to appear, or the Commission determines that there is a violation(s), the Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder.
4. 
Constructive notice. The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation(s) to all successors-in-interest in the property, under California Civil Code Sections 1213 and 1215.
5. 
Release or cancellation of Notice of Violation. If the owner corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner has notified the City in writing and consented to an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.
(Ord. 1017, 2013)
A. 
Violations of this Zoning Code.
1. 
Violation and public nuisance. Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a violation of this Zoning Code and a public nuisance, which is punishable in compliance with Municipal Code Chapter 9.16 (Property Maintenance, General).
2. 
Violation of any required condition. The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for modification or revocation of the permit in compliance with Chapter 20.630 (Permit Modifications and Revocations) or any other remedy available to the City under the Municipal Code or this Zoning Code.
3. 
Strict liability. Any violations of this Zoning Code or any required condition(s) imposed on a permit or approval granted in compliance with this Zoning Code shall be treated as a strict liability offense regardless of intent.
B. 
Public nuisance. Upon verification by the Director, any use or structure that is altered, constructed, converted, demolished, enlarged, established, erected, maintained, moved, or operated contrary to the provisions of this Zoning Code or any applicable condition of approval imposed on a permit or approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the fines, penalties, and remedies specified in Municipal Code Chapters 1.10 (General Penalty) and 1.12 (Administrative Citations), 9.16 (Property Maintenance, General), and this Chapter.
C. 
Criminal violation. Any person, whether an agent, principal, or otherwise, violating, permitting, or causing the violation of any provision of this Zoning Code or any permit issued in compliance with this Zoning Code shall be guilty of a misdemeanor or an infraction at the election of the City and/or its prosecuting official, and upon conviction thereof, shall be punishable by the applicable fine(s) established by Municipal Code Section 1.10.030 (Punishments).
D. 
Misdemeanors. Any offense that would otherwise be an infraction may, at the discretion of the City Attorney, be filed as a misdemeanor.
E. 
Continuing violation. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of this Zoning Code or any applicable condition of approval imposed on a permit is committed, continued, or allowed to continue and the violator shall be punished accordingly.
F. 
Stop Work Order or other similar notice.
1. 
Any construction verified in violation of this Zoning Code or any conditions imposed on a permit or approval shall be subject to the issuance of a "Stop Work Order" or other similar notice issued by the City.
2. 
Any verified violation of a Stop Work Order or other similar notice shall constitute a misdemeanor and a public nuisance, and shall be subject to the fines, penalties, and remedies specified in Municipal Code Chapter 1.10 (General Penalty) and this Chapter.
(Ord. 1017, 2013)
The City may choose, in addition to or in lieu of other actions, to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Zoning Code.
A. 
Civil actions.
1. 
Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive or other appropriate relief to terminate a violation(s) of this Zoning Code.
2. 
Abatement proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with Subsection 20.635.050.A. (Notice to responsible parties), above, and the opportunity to correct or end the violation(s), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.
3. 
Nuisance abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code or other applicable law for the abatement of a nuisance in compliance with Municipal Code Chapter 9.16 (Property Maintenance, General).
B. 
Civil remedies and penalties.
1. 
Civil penalties. Any person who violates the provisions of this Zoning Code or any permit issued in compliance with this Zoning Code shall be liable for a civil penalty of up to $1,000.00 for each day, or a portion of the day, that a violation(s) continues to exist or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.
2. 
Costs and damages. Any person violating any provisions of this Zoning Code or any permit issued in compliance with this Zoning Code, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s), including reasonable attorney fees and costs.
3. 
Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.
C. 
Criminal actions and penalties. See Subsection 20.635.070.C. (Criminal violations), above.
(Ord. 1017, 2013)
A. 
Cumulative, not exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.
B. 
Other remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).
(Ord. 1017, 2013)
This Section establishes procedures for the recovery of administrative costs, including staff and City Attorney time expended on the enforcement of the provisions of this Zoning Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure Section 1033.5, Municipal Code Chapter 9.16 (Property Maintenance, General), and this Section.
A. 
Record of costs.
1. 
The Department shall maintain records of all administrative costs incurred by responsible City departments, including City Attorney costs, associated with the processing of violations and enforcement of this Zoning Code, and shall recover the costs from the property owner in compliance with this Section.
2. 
Staff time shall be calculated at an hourly rate as established and revised from time to time by the Council, or the actual rate charged to the City.
B. 
Notice.
1. 
Upon investigation and a determination that a violation of any of the provisions of this Zoning Code or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation(s), the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have.
2. 
The notice shall be in a form approved by the City Attorney and posted on the property where the violation is located.
C. 
Summary of costs and notice.
1. 
At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first-class mail.
2. 
The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within 10 days following the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.
3. 
In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner or person in control shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.
4. 
The costs shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988.
5. 
The obligation to pay any unpaid costs shall be made a personal obligation of the property owner.
6. 
The obligation may be recovered against the property owner through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law.
7. 
The City shall be entitled to recover costs of the civil action, including the City's attorney's fees.
D. 
Attorney's fees.
1. 
In any action or administrative proceeding to enjoin, or abate a nuisance, or seek a civil penalty, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney's fees; however, the amount of attorney's fees awarded to a prevailing party shall not exceed the amount of attorney's fees incurred by the City in the action or proceeding.
2. 
An award of attorney's fees in compliance with this Section shall only be allowed where the City elects, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees.
E. 
Request for hearing on costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.
1. 
A request for hearing shall be filed with the Department within 10 days of the service by mail of the Director's summary of costs, on a form provided by the Department.
2. 
Within 30 days of the filing of the request, and on 10 days' written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine their validity.
3. 
In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include:
a. 
Whether the present owner created the violation(s);
b. 
Whether there is a present ability to correct the violation(s);
c. 
Whether the owner moved promptly to correct the violation(s); and
d. 
The degree of cooperation provided by the owner.
4. 
The Director's decision shall be appealable directly to the Council as provided by Chapter 20.615 (Appeals).
(Ord. 1017, 2013)
Any person who establishes a land use, in conflict with the established or approved use for a property, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining any permit or approval required by this Zoning Code, shall pay the additional permit processing fees established by the Planning Fee Schedule for the correction of the violations, before being granted a permit for a use or structure on the site.
(Ord. 1017, 2013)
A. 
Amount and applicability of reinspection fee.
1. 
A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Zoning Code or the Municipal Code, adopted Building Code, or State law.
a. 
The fee amount shall be established by the City's Planning Fee Schedule.
b. 
The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
2. 
The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction has been made.
B. 
Continuation of the original case.
1. 
If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Code or the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2. 
This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Zoning Code or the Municipal Code.
3. 
Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code or the Municipal Code, or costs incurred by the City for the abatement of a public nuisance in compliance with Municipal Code Chapter 9.16 (Property Maintenance, General).
(Ord. 1017, 2013)