All persons empowered by the Municipal Code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this chapter and grant no permit, license, certificate, nor approval in conflict with this Code. Any permit, license, certificate, or approval granted in conflict with any provision of this Code shall be void. The cost of issuing permits and of enforcing compliance with the requirements and conditions of zoning permits, use permits, and other discretionary approvals may be recovered through charges or fees in connection with issuance of such permits, as established by resolution of the City Council.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
The Zoning Enforcement Official shall enforce all provisions of this chapter related to discretionary permits and zoning permits and shall have responsibility for revocation of discretionary permits, as provided in Section 5.24.108 Revocation of Discretionary Permits. All other officers of the City shall enforce provisions related to their areas of responsibility.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Duties of Zoning Enforcement Official. Upon determination by the Zoning Enforcement Official that there are reasonable grounds for revocation of a use permit, variance, development plan approval, or other discretionary approval authorized by this Code, a revocation hearing shall be set by the Zoning Enforcement Official before the Planning Commission, or the City Council, whichever took final previous action on the permit, except for appeals.
B. 
Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation hearing, provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least ten days prior to the hearing. Contents of any notice shall be as prescribed by Subsection C of Section 5.08.116 Notice and Public Hearing.
C. 
Hearing. The person or body conducting the hearing shall hear testimony of City staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. A public hearing may be continued to a specific date, time, and place without additional public notice.
D. 
Required Findings. The person or body conducting the hearing may revoke the permit upon making one or more of the following findings:
1. 
That the permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. 
That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated;
3. 
That there has been a discontinuance of the exercise of the entitlement granted by the permit for 180 days.
4. 
That the approval has been so exercised to constitute a public nuisance or be detrimental to public health and safety.
E. 
Decision and Notice. The person or body that conducted the hearing shall render a decision within a reasonable time period and shall mail notice of the decision to the owner of the use or structure for which the permit was issued and to any other person who has filed a written request for such notice.
F. 
Effective Date: Appeals. A decision to revoke a discretionary permit shall become final 15 days after the date of the decision, unless appealed.
G. 
Right Cumulative. The City's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2022-001 § 3; Ord. 2024-011, 7/15/2024)
A. 
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code.
1. 
Failure to Comply With Land Use and Development Regulations.
a. 
A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code pertaining to land use and development regulations, including requirements made as conditions of approval for any discretionary permit, including but not limited to, conditional use permits, variances, Planned Developments, site plan approvals, sign approvals, fence modifications and exceptions, shall constitute a misdemeanor.
b. 
Notwithstanding any other provisions of this Code, which may require prosecution of any such violation as a misdemeanor, any such violation constituting a misdemeanor under this Code may, in the discretion of the Zoning Enforcement Official, be charged and prosecuted as an infraction.
2. 
Failure to Comply With Other Provisions. A violation of any other provision or failure to comply with any other mandatory requirements of this Code shall constitute an infraction, except that the fourth and any additional violations within one year shall constitute a misdemeanor.
B. 
Any person convicted of a misdemeanor under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than one year or by both fine and imprisonment.
C. 
Any person convicted of an infraction under the provision of this Code, unless provision is otherwise herein made, shall be punishable as provided by the Government Code of the State of California.
D. 
Each such person shall be charged with a separate violation for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall, upon conviction be punishable accordingly.
E. 
Payment of any fine, or penalty, shall not relieve a person, firm, or corporation from the responsibility of correcting the condition consisting of the violation.
F. 
In addition, the City Attorney shall, upon order of the City Council, commence action or proceedings for the abatement, removal and enjoinment of any violation in the manner provided by law.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Notification of Violations. Whenever the Zoning Enforcement Official determines that any property within the City is being maintained contrary to the provisions of this Code, he or she shall give written notice ("Notice to Abate") to the owner, sent by certified mail to his or her last known address, stating the section(s) or standards being violated. Such notice shall set forth a reasonable time limit, in no event less than seven days, for correcting the violation(s).
B. 
Administrative Hearing to Correct Violations. In the event said owner shall fail, neglect, or refuse to comply with the "Notice to Abate," the Zoning Enforcement Official shall conduct an administrative hearing to ascertain whether abatement should be required.
C. 
Notice of Hearing. Notice of said hearing shall be mailed to the owner not less than seven days before the time fixed for hearing. Failure of any person to receive notice shall not affect the validity of the abatement proceedings hereunder. Notice shall be substantially in the following format:
NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF ZONING VIOLATION
This is a notice of hearing before the Zoning Enforcement Official to ascertain whether certain land area(s) or structures on property situated in the City of San Leandro, State of California, known and designated as (street address), __________ in said City, and more particularly described as (assessor's parcel number) _______ constitutes a zoning violation subject to abatement by a change in occupancy or restriction of use or rehabilitation or demolition of buildings situated thereon. If the zoning violation is not promptly abated by the owner, such violation may be abated by municipal authorities, in which case the cost of any eviction or relocation of an illegal use, rehabilitation, repair, or demolition of an illegal structure will be assessed upon such property and such costs, together with interest thereon, will constitute a lien upon such property until paid. In addition, you may be cited for violation of the provisions of the Zoning Code and subject to a fine.
Said alleged violation of the Zoning Code consists of the following:
The method(s) of abatement are:
All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.
Dated this ______ day of ____, 20__.
Time and Date of Hearing: _______________.
Location of Hearing: _______________.
D. 
Administrative Hearing. At the time stated in the notice, the Zoning Enforcement Official shall hear and consider all relevant evidence, objections, or protests and shall receive testimony, under oath, relative to such alleged zoning violation and to the proposed eviction or relocation of an illegal use or the rehabilitation, repair, removal, or demolition of an illegal structure. Said hearing may be continued from time to time. If the Zoning Enforcement Official finds that a zoning violation does exist and there is sufficient cause to evict or relocate an illegal use or rehabilitate, demolish, remove, or repair an illegal structure, the Zoning Enforcement Official shall prepare findings and an order specifying the nature of the violation, the method(s) of abatement and the time within which the work shall be commenced and completed. The order shall include reference to the right of appeal set forth in Subsection F, below. A copy of the findings and order shall be mailed to the property owner by certified mail. In addition, a copy of the findings and order shall be forthwith conspicuously posted on the property.
E. 
Procedure, No Appeal. In the absence of any appeal, the illegal use shall be discontinued or property shall be rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the order of abatement. In the event the owner fails to abate the violation as ordered, the Zoning Enforcement Official shall cause the same to be abated by City employees or private contract. The costs shall be billed to the owner. (See Section 5.24.120 Lien Procedure.) The Zoning Enforcement Official is expressly authorized to enter upon said property for such procedure.
F. 
Appeal Procedure, Hearing by City Council. The owner may appeal the Zoning Enforcement Official's findings and order to the City Council by filing an appeal with the City Clerk within seven days of the date of the Zoning Enforcement Official's decision. The appeal shall contain:
1. 
A specific identification of the subject property;
2. 
The names and addresses of the appellants;
3. 
A statement of appellant's legal interest in the subject property;
4. 
A statement in ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts in support thereof;
5. 
The date and signature of all appellants; and
6. 
The verification of at least one appellant as to the truth of the matters stated in the appeal.
As soon as practicable after receiving the appeal, the City Clerk shall set a date for the City Council to hear the appeal, which date shall be not less than seven days nor more than 30 days from the date the appeal was filed. The City Clerk shall mail each appellant written notice of the time and the place of the hearing at least five days prior to the date of the hearing. Continuances of the hearing may be granted by the City Council on request of the owner for good cause shown, or on the City Council's own motion.
G. 
Decision by City Council. Upon the conclusion of the hearing, the City Council shall determine whether any use or structure on the property or any part thereof, as maintained, constitutes a zoning violation. If the City Council so finds, the City Council shall adopt a resolution declaring such a violation, setting forth its findings and ordering the abatement of the same by having the illegal use evicted or relocated or the illegal structure rehabilitated, repaired, removed, or demolished in the manner and means specifically set forth in the resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than 30 days. The decision and order of the Council shall be final.
H. 
Notice of Order to Abate. A copy of the resolution of the City Council ordering the abatement of such violation shall be sent by certified mail to the property owner(s). Upon abatement in full by the owner, the proceedings hereunder shall terminate.
I. 
Abatement by City. If such nuisance is not abated as ordered within the prescribed abatement period, the Zoning Enforcement Official shall cause the same to be abated by City employees or private contract. The Zoning Enforcement Official is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the violation shall be billed to the owner and shall become due and payable 30 days thereafter (see Section 5.24.120 Lien Procedure). The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect; costs incurred in documenting the violation; the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder.
J. 
Limitation of Filing Judicial Action. Any action appealing the City Council's decision and order shall be commenced within 30 days of the date of mailing the decision.
K. 
Demolition. No illegal structure shall be found to be a zoning violation and ordered demolished, unless the order is based on competent sworn testimony and it is found that in fairness and in justice there is no way other than demolition to reasonably correct such violation.
L. 
Recorded Notice of Intent to Demolish Required. A copy of any order or resolution requiring abatement by demolition shall be recorded with the Alameda County Recorder.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Record of Cost of Abatement. The Zoning Enforcement Official shall keep an account of the cost, including incidental expenses, of abating zoning violation(s) on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing to the City Council showing the cost of abatement, including the cost of eviction or relocation of illegal uses or rehabilitation, demolition, or repair of illegal structures, including any salvage value relating thereto; provided that before said report is submitted to the City Council, a copy of the same shall be posted for at least five days upon the lot or parcel where the violation occurs, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the property owner(s) at least five days prior to submitting it to the City Council. Proof of posting and service shall be made by affidavit filed with the City Clerk.
B. 
Assessment Lien. The total cost for abating a zoning violation, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
After such confirmation and recordation, a certified copy of the City Council's decision shall be filed with the Alameda County Auditor Controller on or before August 1 of each year, whereupon it shall be the duty of said Auditor-Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and, thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment. In the alternative, after recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
Such Notice of Lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN
(Claim of City of San Leandro)
Pursuant to the authority vested by the provisions of Section ___________ of the San Leandro Zoning Code, the Zoning Enforcement Official of the City of San Leandro did on or about the _______ day of ______, 20_____, cause an illegal use on the property hereinafter described to be evicted or an illegal structure on the property here-inafter described, to be rehabilitated, repaired, or demolished in order to abate a zoning violation; and the City Council of the City of San Leandro did on the ________ day of _____, 20___, assess the cost of such eviction, rehabilitation, repair, or demolition upon the owner of this property; and the same has not been paid nor any part thereof; and that said City of San Leandro does hereby claim a lien on such eviction, rehabilitation, repair, or demolition costs in the amount of said assessment, to wit: the sum of $__________: and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property herein above mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of San Leandro, County of Alameda, State of California, and particularly described as follows:
Dated this ________ day of _____, 20___.
__________________________________
Zoning Enforcement Official,
City of San Leandro
C. 
Accrual of Interest on City Liens and Assessment Findings. The City Council finds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon real property, which are of record with the County Recorder for Alameda County is a necessary and appropriate exercise of the City Council's police power.
D. 
Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City of San Leandro which are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent annually until the lien or assessment, including interest thereon, is paid in full.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)