This chapter establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this Ordinance and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Ordinance. The provisions of this chapter are in addition to those set forth in Title 8, Chapter 8.54 (“Community Preservation Ordinance”) of the South San Francisco Municipal Code.
(Ord. 1432 § 2, 2010)
All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Ordinance, and any such permit or license issued in conflict with the provisions of this Ordinance shall be null and void.
A. 
It shall be the duty of the Chief Building Official to enforce the provisions of this Ordinance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure. The Chief Building Official may delegate enforcement responsibilities to the City Fire Marshal, Assistant Building Official, or Code Enforcement Officer.
B. 
The Fire Department, Planning Division and/or other City departments as may be designated by the City Manager shall investigate all violations and suspected violations and make a written report thereon. The report shall contain the name of the parties to the violation, the nature of the violation and its location, and the number of the section of the chapter which has been violated.
(Ord. 1432 § 2, 2010)
A. 
Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Ordinance, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Ordinance, and failure to comply with any of the conditions of a permit granted under this Ordinance is declared to be unlawful and a public nuisance.
B. 
Any use, event, structure or building, whether nonconforming or otherwise, which meets any of the following criteria shall be deemed a public nuisance subject to abatement as set forth herein: disturbances of the peace, illegal drug activity including sales or possession thereof; public drunkenness, drinking in public, harassment of passers-by, gambling, prostitution, public vandalism, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, curfew violations, lewd conduct or police detention, citations or arrests or any other activity declared by the City to be a public nuisance; violation of any provision of this chapter or any other City, State or federal regulation, ordinance or statute.
(Ord. 1432 § 2, 2010)
Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating a provision of this Ordinance or failing to comply with a mandatory requirement of this Ordinance shall be guilty of a misdemeanor and, upon conviction, such person shall be punished as set forth in Chapter 1.24 (“General Penalty”) of the South San Francisco Municipal Code. The City may treat a violation of this Ordinance as an infraction punishable by a fine established by the City Council. A person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.
(Ord. 1432 § 2, 2010)
The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the Planning Commission or City Council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:
A. 
Ordering the cessation of the use in whole or in part;
B. 
Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;
C. 
Requiring continued compliance with any conditions so imposed;
D. 
Requiring the user to guarantee that such conditions shall in all respects be complied with; or
E. 
Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.
(Ord. 1432 § 2, 2010)
Any permit granted under this Ordinance may be revoked or modified for cause if any of the conditions or terms of the permit are violated. For purposes of this chapter, the modification of a permit may include the modification of the terms of the permit itself or the waiver, alteration or imposition of new conditions. The revocation or modification of a permit for cause includes the revocation or modification of a design review approval for cause.
A. 
Grounds for Revocation or Modification. A permit may be revoked or modified pursuant to the provisions of this chapter upon a finding of any one or more of the following grounds:
1. 
The permit was obtained or extended by fraud;
2. 
The permit holder has failed to comply with one or more of the conditions upon which such permit was granted;
3. 
The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character; or
4. 
That the use or facility for which the permit was granted is being conducted or maintained as to be detrimental to the public health or safety, or as to be a nuisance.
B. 
Initiation of Action. An action to revoke or modify a permit may be initiated by order of the City Council, Planning Commission, or the Chief Planner, whichever granted, extended or modified the permit, on its own motion or on the request of any City officer, provided, however, that the Planning Commission may initiate an action to revoke or modify any permit granted or modified by the Chief Planner and the City Council may initiate an action to revoke or modify any permit granted or modified by either the Chief Planner or Planning Commission. The order shall set forth grounds for revocation or modification.
C. 
Revocation Procedure. The original decision-making body shall hold an evidentiary hearing, scheduled and noticed as required by Chapter 20.450 (“Common Procedures”), regarding the order proposing the revocation or modification of a permit.
1. 
The original decision-making body shall hear and consider all relevant evidence, including but not limited to applicable staff reports, objections or protests by the permittee with regard to the alleged violations of required conditions, and recommendations proposed by staff.
2. 
The original decision-making body may revoke or modify the permit if it makes a finding on any one or more of the grounds listed in subsection A above.
(Ord. 1432 § 2, 2010)
A. 
Initiation. Proceedings under this section to terminate, modify or condition (hereinafter abate or if context requires, abatement) any use, structure or building may be initiated by resolution of the Planning Commission or the City Council on its own accord or following recommendation by the Chief Planner. In either case, the resolution shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time and place for a public hearing on the proposed abatement. In the case of proceedings initiated by the Council, the resolution shall refer the matter for a public hearing before the Commission. A resolution initiating abatement proceedings may be adopted without a public hearing.
B. 
Notice. Upon initiation of abatement proceedings, the Chief Planner shall give notice of a public hearing before the Commission pursuant to the provisions in Chapter 20.450 (“Common Procedures”). In addition, within the prescribed time period, the Chief Planner shall also mail the notice of the hearing to the person or persons whose use, structure or building is the subject of the abatement proceedings, any person who requested initiation of abatement proceedings, and to any other person who has filed a written request with the Planning Division for such notice.
C. 
Public Hearing. The Planning Commission shall conduct a duly-noticed public hearing and shall provide for testimony by City staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.
D. 
Action. The Planning Commission shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the Commission finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this chapter.
E. 
Decision and Notice. After the Commission takes abatement action to modify a permit, the Chief Planner shall issue a Notice of Action describing the Commission’s action, with its findings. The Chief Planner shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the Planning Division, and shall file a copy of the Notice of Action with the City Clerk. The Clerk shall present said copy to the Council at its next regular meeting.
F. 
Effective Date; Appeal to Council. A decision to abate a nuisance shall become effective immediately after the date of decision unless appealed to the Council within 15 days. If the Council finds, after a duly-noticed public hearing, that the use, structure or building constitutes a nuisance, it may impose any remedy provided for in this chapter. If the Council finds that the use, structure or building is not a nuisance, it shall reverse the decision of the Commission.
G. 
City Attorney Action. The City Attorney shall, upon order of the City Council, or on his or her own motion, immediately commence action or proceedings for the abatement and removal and enjoinment of said public nuisance in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Ordinance.
(Ord. 1432 § 2, 2010)
A. 
If compliance is not had with an order of the Chief Planner or the Chief Building Official to correct violations of this Ordinance within the time specified therein, the City Manager may file in the Office of the San Mateo County Recorder, a certified statement describing the property and certifying that:
1. 
The property and/or structure is in violation of this Ordinance; and
2. 
The owner has been so notified. The notice shall specifically describe the violations and a proof of service shall also be recorded with the Notice and Order.
B. 
Whenever the corrections ordered shall thereafter have been completed, the Chief Planner shall file a new certified statement with the County Recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this Ordinance.
(Ord. 1432 § 2, 2010)