Regulations governing the administration and enforcement of the provisions and regulations of Title 18 of this code shall be as set out in this chapter.
(Prior code § 9212.01)
It is the intent and purpose of this chapter to set forth and establish such regulations as deemed necessary and essential to effectively carry out and implement the administration and enforcement of the provisions of this title.
(Prior code § 9212.01 (A))
A. 
Responsibility. The zoning administrator, under the direction of the director of building and planning, shall be responsible for the administration of the zoning code, as hereinafter set forth.
B. 
Office Created. Pursuant to the authority of Article 2, Chapter 4, Title 7 of the Government Code of the state, the office of zoning administrator is created and established, and the zoning administrator shall function, serve and perform as follows:
1. 
Powers and Duties. The zoning administrator shall be vested with the power and it shall be his or her duty and responsibility to administer the provisions of this title.
2. 
Zoning Permit and Entitlement Approval. No zoning permits and/or other entitlements relative thereto shall take effect until a fee in an amount established by a resolution of the city council has been paid and until such permits or entitlements have first been granted, issued or otherwise approved by the zoning administrator.
3. 
Investigations. The zoning administrator shall make and/or cause to be made such investigations considered necessary to perform his or her administration of the provisions of the zoning code, and shall conduct public hearings on such zoning matters as may be required and set forth elsewhere in this title.
4. 
Findings. Whenever the zoning administrator is required to render actions and decisions on zoning permits and other entitlements, as may be set forth elsewhere in this title, he or she shall make such findings and determinations as deemed necessary and as may be required through course of processing such permits and entitlements.
5. 
Announcement of Findings, Notice, Finality and Decisions. The zoning administrator shall announce his or her findings and decisions by formal written declaration of findings and decisions. Such declaration shall recite and set forth, among other things, the findings of fact, reasons, conditions and other matters which, in the zoning administrator's opinion, will make the approval, conditional approval, or denial of any zoning permit or other entitlement considered necessary to carry out the purpose and provisions of this title, and shall approve, conditionally approve, or deny same. The zoning administrator shall forthwith give written notice of his or her findings and decisions to all parties concerned accompanied by his or her declaration of findings and decisions, and actions thereon. The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter 18.64 of this title.
C. 
Development or Sign Plan Approval. Prior to the acceptance of any development or sign plans by the building and safety division for plan check or permit issuance, such plans shall first be submitted to the zoning administrator for review and approval of zoning compliance.
D. 
For residential occupancies only, and upon the recommendation of the building official, the zoning administrator may extend or renew any zoning permit or zoning entitlement for the purpose of completing a residential structure for which zoning approvals and building permits had been previously issued.
(Prior code § 9212.01 (B)(1), (2); Ord. 765 § 46, 1989; Ord. 852 § 50, 1994)
A. 
It shall be the duty of the zoning administrator, under the direction of the director of building and planning, to enforce the provisions or any portion of the zoning code, and may be assisted in this duty by the building inspector.
B. 
No oversight or dereliction on the part of the zoning administrator or building inspector, or any other authorized assistants of any official of the city vested with the duty or authority to issue permits or licenses, shall legalize, authorize, waive or excuse the violation of any provisions of this title. No permit or license for any use, building or purpose whatsoever shall be issued by any official or employee of the city if same would be in conflict with or in violation of this title. Any permit, license or other entitlement shall first be subject to the provisions of this title, and if same is issued in violation thereof such permit, license or other entitlement shall automatically be declared null and void.
(Prior code § 9212.01 (C)(part))
Enforcement of this title shall also be extended to the administration thereof, as set out in this section and Sections 18.06.060 and 18.06.070; in order to further assure full compliance with all provisions of this title it shall also be the duty and responsibility of the director of building and planning to assist in the administration and enforcement of the zoning code in the following manner:
A. 
Issuance of Permits. No building permit, or electrical, plumbing or mechanical permit bearing on the development of property, and/or building permit related thereto, and/or additions or revisions, shall be issued unless and until approved by the director of building and planning or his or her designated representative, therefor. The director of building and planning shall withhold any final approval for occupancy and release of utilities until approved for zoning compliance.
(Prior code § 9212.01 (C)(part), (1))
The director of finance shall not issue or authorize the issuance of any business license, business occupation permit or any other permit until approved by the zoning administrator.
(Prior code § 9212.01 (C)(2); Ord. 830 § 3, 1993)
All departments, officials, agencies, boards, commissions and public employees vested with the duty, responsibility or authority to issue permits or licenses when required by law or any of the provisions of the Pico Rivera Municipal Code shall comply with all the provisions of this title as may be applicable thereto.
(Prior code § 9212.01 (C)(3))
The following interpretation and penalties set out in this section and Section 18.06.130 shall apply relative to the administration and enforcement of this title. The interpretation and application of this title shall be held to the minimum requirement consistent with the intent and purpose set forth in Chapter 18.02 of this title. This title is not intended to interfere with, abrogate or annul any easement, covenant, or other agreement between parties. However, when this title imposes greater restrictions upon the uses of buildings or land, including property development regulations, than those imposed or required by other provisions of the Pico Rivera Municipal Code, rules, regulations, or by easements, covenants or agreements, the provisions of the zoning code shall prevail and control.
(Prior code § 9212.01, (1))
Regulations governing ambiguities and interpretations of the provisions of this title shall be as set out in Sections 18.06.100 through 18.06.110.
(Prior code § 9212.02)
It is the intent and purpose of this section and Section 18.06.110 to establish criteria, rules and regulations governing any ambiguities and interpretations which may arise during the course of administration and enforcement of this title.
(Prior code § 9212.02 (A))
The following criteria, rules and regulations shall be used as the procedure for reconciling ambiguities and interpretations:
A. 
Application and Interpretations. Whenever, during the course of administration and enforcement of this title, the zoning code or the appropriate zone classification for a particular use of land, or an ambiguity arises or exists with respect to matters of zone boundary locations or unforeseen circumstances, including technological changes in processing and manufacturing of materials, any person, firm or corporation may file an application for interpretation of ambiguity with fees in an amount established by a resolution of the city council with the zoning administrator to ascertain all pertinent facts and shall set forth his or her findings and interpretations by formal declaration.
B. 
Evaluation and Performance Standards. For purposes of arriving at determinations pursuant to this section, or to meet any other need for classifying any use of land as first permissible in any zone classification set forth in Chapter 18.40, the degree of compatibility of any such use of land to any other land use shall be fully evaluated. Insofar as technical evidence and scientific means of measurement are available, such evidence and measurement shall be considered in determining the form and intensity of performance standards typically associated with any identifiable type of land use. The term "performance standards" as employed herein means and refers to such conditions, effects or results which flow from the maintenance or operation of any primary use, including, but not limited to:
1. 
The flow of sound measured in decibels;
2. 
Ambient level of sound;
3. 
Vibrations above and below the auditory range;
4. 
Odors, fumes, smoke or other emissions, whether toxic or nontoxic;
5. 
Incidence of hazard, including explosion or contamination;
6. 
The identification and classification in terms of chemical composition of the emissions generated from any type of land use, whether industrial, commercial or domestic;
7. 
The traffic-generating capacity, both in terms of freight and passengers, the volume of either or both, and the time or times of daily cycle that represent peak flow or minimum flow;
8. 
The consuming capacity of and need for electrical energy, natural gas, oil and fuel, water, sewage disposal and transportation facilities, including highway, rail, and air.
C. 
Review and Determination by Zoning Administration. Upon receiving an application for interpretation of ambiguity, the zoning administrator shall make and/or cause to be made such investigations and evaluations which, in his or her opinion, are necessary, and in accordance with subsection B of this section, to properly review and make the appropriate determination during the course of interpreting ambiguities.
D. 
Findings by Zoning Administrator. The zoning administrator, after review of the application for interpretation of ambiguity and upon ascertaining all pertinent facts relative thereto, shall by declaration set forth his or her findings and interpretations.
E. 
Announcement of Findings—Notice—Finality—Decisions of Zoning Administrator. The zoning administrator shall announce his or her findings and decisions by formal written declaration of findings and decisions within fifteen days after receipt of an application for interpretation of ambiguity. Such declaration shall recite and set forth, among other things, the findings of fact, reasons, conditions, determinations, evaluations, specific performance standards, and other matters which, in the opinion of the zoning administrator, will make such interpretation of ambiguities considered necessary to carry out and implement the purpose and provisions of this title. The zoning administrator shall forthwith give written notice of his or her findings and decisions to all parties concerned accompanied by his or her declaration of findings and decisions, and actions thereon. The actions and decisions of the zoning administrator shall be final and conclusive unless otherwise appealed as provided for in Chapter 18.64 of this title.
(Prior code § 9212.02 (B); Ord. 765 § 47, 1989)
During the course of administration and enforcement of this title, any duly authorized official or employee of the city shall have the authority to enter any building or premises, for the purpose of conducting investigations and inspections; provided, however, that the hereinabove referred to right of entry shall only be exercised during the daylight hours; and provided further, that no dwelling shall be entered without the consent of the occupant unless a twenty-four-hour notice of intention to enter shall have been served upon such occupant. No person shall refuse to permit an inspection or investigation of premises after service of such notice.
(Prior code § 9212.01 (C)(4))
Penalties for any violation of this title shall be as follows:
A. 
Violation of Zoning Code—Misdemeanor. Any person, firm or corporation violating or failing to comply with any of the provisions of this title or any conditions imposed on discretionary applications shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or imprisonment in the county jail for a period not to exceed six months, or both such fines and imprisonments. Failure to comply with any of the conditions imposed on discretionary applications shall also be subject to revocation proceedings as set forth in this title.
B. 
Each Day Considered a Separate Offense and Nuisance. Each day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable therefor as provided for in subsection A of this section, and such violation shall constitute a public nuisance.
(Prior code § 9212.01 (D)(2); Ord. 830 § 4, 1993)