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)
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)