This chapter provides procedures intended to ensure compliance
with the requirements of this Zoning Ordinance. Enforcement of the
provisions of this Zoning Ordinance and any approvals granted by the
city shall be diligently pursued in order to provide for their effective
administration, to ensure compliance with any conditions of approval,
to promote the city's planning efforts, and to protect the public
health, safety, and welfare.
(Ord. 01-594 § 2, 2001)
The Departments of Public Works and Planning and Development
Services shall be responsible for monitoring and enforcing the conditions
and standards imposed on all land use entitlements granted by the
city. Enforcement shall include the right to inspect properties and
structures to ensure adequate compliance with the standards of this
Zoning Ordinance. The term "Director" as used in this chapter refers
to both the Director of Public Works and Planning and Development
Services.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 253, 2019)
A.
Unlawful Use. Any use or structure that is established, operated, erected, moved, altered, enlarged, maintained, or allowed to exist or continue in a manner contrary to the provisions of this Zoning Ordinance, or any applicable condition of approval, is hereby declared to be unlawful, and shall be subject to the remedies and penalties identified in subsection (C), below, and the revocation procedures initiated in compliance with Section 19.80.060 (Revocations and Modifications).
B.
Stop Work Order. Any construction in violation of this Zoning Ordinance or any conditions imposed on a permit or entitlement shall be subject to the issuance of a "stop work order." Any violation of a stop work order is subject to the administrative remedies identified in West Hollywood Municipal Code Section 1.08.010.
C.
Penalties. A violation of any provision of this Zoning Ordinance, or any condition of a permit or entitlement granted under this Zoning Ordinance is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of the West Hollywood Municipal Code. The city may recover costs associated with the abatement of violations of this Zoning Ordinance, in compliance with Section 19.80.090 (Recovery of Costs), below. In addition to all other remedies available under the Municipal Code and otherwise, the requirements of this Zoning Ordinance may be enforced by injunctive or declarative relief.
(Ord. 01-594 § 2, 2001)
All remedies contained in this Zoning Ordinance for the handling
of violations or enforcement of the provisions of this Zoning Ordinance
shall be cumulative and not exclusive of any other applicable provisions
of local, state, or federal law.
(Ord. 01-594 § 2, 2001)
Every applicant seeking an application, permit, entitlement,
or any other action in compliance with this Zoning Ordinance shall
allow appropriate city officials access to any premises or property
which is the subject of the application. If the permit or other action
is approved, the owner or applicant shall allow appropriate city officials
access to the premises to determine continued compliance with the
approved permit and any conditions of approval.
Failure to allow inspection of an inaugurated use shall be grounds
for revocation of any city-issued permit.
(Ord. 01-594 § 2, 2001)
A.
Purpose. This section provides procedures for securing revocation
or modification of previously approved permits and entitlements.
B.
Hearings and Notice. The appropriate review authority shall
hold a public hearing to revoke or modify a permit or entitlement
granted in compliance with the provisions of this Zoning Ordinance.
1.
Notice
shall be delivered in writing to the applicant and owner of the property
for which the permit was granted at least 10 days before the public
hearing (except for temporary use or special event permits, see following
subsection (B)(2)).
2.
Notice
of a revocation hearing for a temporary use or special event permit
shall be delivered in writing to the applicant and owner of the property
for which the permit was granted at least 24 hours before the public
hearing.
3.
Notice
shall be deemed delivered two days after being mailed, first class
postage paid, to the owner as shown on the County's current equalized
assessment roll and to the project applicant, where the applicant
is not the owner of the subject property.
C.
Permit Revocation. A land use permit or entitlement may
be revoked by the review authority which originally approved the permit,
if any one of the following findings can be made:
1.
The
circumstances under which the permit was granted have been changed
by the applicant to a degree that one or more of the findings contained
in the original permit can no longer be made in a positive manner
and the public health, safety, and welfare require the revocation;
2.
The
permit was obtained in a fraudulent manner;
3.
One
or more of the conditions of the permit have not been substantially
fulfilled or have been violated;
4.
The
improvement authorized in compliance with the permit is in violation
of any code, law, ordinance, regulation, or statute; or
5.
The
improvement or use allowed by the permit has become detrimental to
the public health, safety, or welfare or the manner of operation constitutes
or is creating a nuisance, as determined by the review authority.
D.
Permit Modification. A land use permit and any of its conditions
of approval may be modified by the review authority which originally
approved the permit, without the consent of the property owner or
operator, if the review authority determines that:
1.
The
circumstances under which the permit was granted have been changed
by the applicant to a degree that one or more of the findings contained
in the original permit can no longer be made in a positive manner
and the public health, safety, and welfare require the modification;
or
2.
The
conditions of approval are found to be inadequate to mitigate the
impacts of the use allowed by the permit; or
3.
One
or more conditions of the permit are in violation of any code, law,
ordinance, regulation, or statute.
E.
Variance Revocation or Modification. A variance or modification
may be revoked or modified by the review authority which originally
approved the application, if any one of the following findings can
be made.
1.
Findings
for Revocation.
a.
Special circumstances applicable to the property upon which the variance
was granted have been changed by the applicant to a degree that one
or more of the findings contained in the original approval can no
longer be made in a positive manner, and the grantee has not substantially
exercised the rights granted by the approval; or
b.
The permit was obtained in a fraudulent manner; or
c.
One or more of the conditions of the variance or modifications have
not been met, or have been violated, and the grantee has not substantially
exercised the rights granted by the approval.
2.
Findings
for Modification.
a.
Special circumstances applicable to the property upon which the variance
was granted have been changed by the applicant to a degree that one
or more of the findings contained in the original approval can no
longer be made in a positive manner, and the grantee has substantially
exercised the rights granted by the approval; or
b.
One or more of the conditions of the variance or modification have
not been met, or have been violated, and the grantee has substantially
exercised the rights granted by the approval; or
c.
The conditions of approval are found to be inadequate to mitigate
the impacts of the use allowed by the permit.
F.
Reasonable Accommodation Permit Revocation or Modification. A reasonable accommodation may be revoked or modified by the review
authority which originally approved the application, if any one of
the following findings can be made.
1.
There
has been a change in use or circumstances that negates the basis for
the granting the reasonable accommodation permit; or
2.
The
permit was obtained in a fraudulent manner; or
3.
Any
of the conditions or terms of such reasonable accommodation permit
are violated, or if any law or ordinance is violated in connection
therewith.
(Ord. 01-594 § 2, 2001; Ord. 12-894 § 5, 2012)
This section describes the procedures for initiating enforcement
action in cases where the Director has determined that property within
the City is being used, maintained, or allowed to exist in violation
of the provisions of this Zoning Ordinance. It is the objective of
these provisions to encourage the voluntary cooperation of responsible
parties in the prompt correction of violations, so that other enforcement
measures, provided by this section, may be avoided.
A.
Notice to Responsible Parties. The Director shall provide
the record owner of the subject parcel and any person in possession
or control of the parcel with a written Notice of Violation, which
shall include the following information:
2.
Administrative Costs. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violations, in compliance with Section 19.80.090 (Recovery of Costs), or initiate legal action as described in Section 19.80.080 (Legal Remedies); and
3.
Meet
with the Director. A statement that the property owner may request
and be provided a meeting with the Director to discuss possible methods
and time limits for the correction of the violations.
B.
Time Limit for Correction. The Notice of Violation shall
state that the violation shall be corrected within 10 days from the
date printed on 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. The Director
may approve a time extension where it is determined that the responsible
party will likely correct the violation within a reasonable time.
If the Director determines that the violation constitutes a
hazard to public health or safety, or if deemed appropriate, the Director
may require immediate corrective action.
C.
Use of Other Enforcement Procedures. The enforcement procedures of Section 19.80.080 (Legal Remedies) may be employed by the Director after or in conjunction with the provisions of this section where the Director determines that this section would be ineffective in securing the correction of the violation within a reasonable time.
(Ord. 01-594 § 2, 2001)
The City may choose to undertake any of the following legal
actions to correct or abate nuisances or violations of this Zoning
Ordinance.
A.
Criminal Actions.
1.
Injunction.
At the request of the Council, on recommendation of the Director,
the City Attorney may apply to a court of competent jurisdiction for
injunctive relief to terminate a violation of this Zoning Ordinance.
2.
Abatement. Where any corporation, firm, partnership, or person fails to abate a violation after being provided a Notice of Violation in compliance with Section 19.80.070(A) (Notice to Responsible Parties), above, and the opportunity to correct or end the violation, the Council, on recommendation of the Director, may request the City Attorney to apply to a court of competent jurisdiction for an order authorizing the City to undertake actions necessary to abate the violation and require the violator to pay for the cost of the actions.
B.
Civil Remedies and Penalties.
1.
Civil
Penalties. Any person who willfully violates the provisions of this
Zoning Ordinance, or a permit issued in compliance with this Zoning
Ordinance, shall be liable for a civil penalty not to exceed the maximum
amount allowed by law for each day that the violation continues to
exist.
2.
Costs
and Damages. Any person violating any provisions of this Zoning Ordinance,
or a permit issued in compliance with this Zoning Ordinance, 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 violations.
3.
Procedure.
In determining the amount of the civil penalty to impose, the court
shall consider all relevant circumstances, including the following:
a.
Extent of Harm. The extent of harm caused by the conduct constituting
a violation;
b.
Nature of the Conduct. The nature of the conduct;
c.
Length of Time. The length of time over which the conduct occurred;
d.
Defendant's Net Worth. The assets, liabilities, and net worth of
the defendant, whether corporate or individual; and
e.
Corrective action. Any corrective action taken by defendant.
(Ord. 01-594 § 2, 2001)
This section establishes procedures for the recovery of administrative
costs (e.g., staff, legal), including staff time expended in the enforcement
of the provisions of this Zoning Ordinance, not including staff time
expended in processing any permit required to correct a violation.
The intent of this section is to recover city administrative and legal
costs reasonably related to the required enforcement actions.
A.
Record of Costs. The Planning and Development Services Department
or the Department of Public Works shall maintain records of all administrative
costs, incurred by responsible city departments, associated with the
processing of violations and enforcement of this Zoning Ordinance,
and shall recover the costs from the property owners, in compliance
with this section. Staff time shall be calculated at an hourly rate
established and revised from time to time by the Council.
B.
Notice. Upon investigation and a determination that a violation
of any provisions of this Zoning Ordinance is found to exist, the
Planning and Development Services Director shall notify the record
owners or any person having possession or control of the property
by certified mail, of the existence of the violation, the Director's
intent to charge the property owner or any person having possession
or control of the property for all administrative costs associated
with enforcement, and of the person's right to a hearing on any objections
they may have. The notice shall be in a form approved by the City
Attorney.
C.
Summary of Costs and Notice. At the conclusion of the case,
the Director shall send a summary of costs associated with enforcement
to the owners or person having possession or control of the property
by certified mail. 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 in compliance with subsection (D)(1), below,
and that if no request for hearing is filed, the responsible party
will be liable for the charges.
In the event that no request for hearing is timely filed or,
after a hearing during which 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
determined by the Director. These costs shall be recoverable in a
civil action in the name of the city, in a court of competent jurisdiction
within the County.
D.
Request for Hearing on Costs. A property owner, or other
person having possession or 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.
Request
for Hearing. A request for hearing shall be filed with the department
within 10 days of the service by certified mail, of the department's
summary of costs, on a form provided by the department.
2.
Hearing.
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.
Validity
of Costs. 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 the following:
a.
Whether the present owner created the violation;
b.
Whether there is a present ability to correct the violation;
c.
Whether the owner moved promptly to correct the violation;
d.
The degree of cooperation provided by the owner; and
e.
Whether reasonable minds can differ as to whether a violation exists.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 254 –
256, 2019)
A person who establishes a land use, or alters, constructs,
enlarges, erects, maintains, or moves a structure without first obtaining
a permit required by this Zoning Ordinance, or who allows such illegal
conditions to continue, shall pay the additional permit processing
fees established by the city's Fee Resolution for the correction of
the violation, before being granted a permit for a use or structure
on the subject parcel.
(Ord. 01-594 § 2, 2001)
A.
Reinspection Fee. 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 the Municipal Code, adopted
Building Code, or state law. The fee amount shall be established by
the city's Fee Resolution. 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.
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, whether
or not the correction has been made.
B.
Administrative Costs. If a notice or letter has been previously
issued for the same violation and the property has been in compliance
with the law 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. This fee is intended to compensate for
administrative costs for unnecessary city inspections, and not as
a penalty for violating this Zoning Ordinance or the Municipal Code.
Any reinspection fees imposed shall be separate and apart from
any fines or penalties imposed for violation of the law, or costs
incurred by the city for the abatement of a public nuisance.
(Ord. 01-594 § 2, 2001)
Notwithstanding Section 19.80.070 (Initial Enforcement Action) and Section 19.80.080 (Legal Remedies), the following applies to enforcement of Section 19.36.331:
A.
Administrative Penalty. Any host who violates any provision of Section 19.36.331, any person other than a hosting platform who facilitates or attempts to facilitate a violation of Section 19.36.331, or a hosting platform that violates its obligations under Section 19.36.331(C), shall be subject to administrative fines and penalties pursuant to Chapter 1.08 of this Code.
B.
Criminal Penalty. Any host violating any provision of Section 19.36.331, any person other than a hosting platform who facilitates or attempts to facilitate a violation of Section 19.36.331, or a hosting platform that violates its obligations under Section 19.36.331(C), shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
C.
Any person convicted of violating any provision of Section 19.36.331 in a criminal case or found to be in violation of Section 19.36.331 in a civil or administrative case shall be ordered to reimburse the city and other participating law enforcement agencies their full investigative costs, pay all back transient occupancy tax.
D.
Any interested person may seek an injunction or other relief to prevent or remedy violations of Section 19.36.331. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees.
E.
The city may issue and serve administrative subpoenas, in accordance with Chapter 1.40, as necessary to obtain specific information regarding vacation rental listings located in the city, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine compliance with Section 19.36.331. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period.
(Ord. 23-20 § 7, 2023)
