The Director shall have the power to interpret the provisions of the Zoning Ordinance when any ambiguity or lack of clarity exists and to make determinations as to whether a proposed use is substantially similar to a Permitted Use and is therefore permitted of right or through obtaining a Conditional Use Permit or Minor Conditional Use Permit, or whether a proposed use is a First Amendment protected use and is therefore permitted as such, pursuant to this title.
(Prior code § 26.6.7-1)
The Director shall keep a written record of interpretations made on file in the Department of Public Works. Such record shall briefly describe the interpretation made and the date of the interpretation. The record shall be available for public review during the normal business hours of the Department of Public Works, Water, and Development Services.
(Prior code § 26.6.7-2)
The Director shall have the authority to make minor exceptions or adjustments to the standards contained in this title. The exception shall not be granted unless such exceptions are necessary to ensure an equitable and reasonable application of the title. Exceptions shall not result in the reduction of any standard by an amount greater than 10%. Any deviation from a standard which exceeds 10% shall be made only in accord with Chapter 17.68, "Variances," of this title.
(Prior code § 26.6.7-3)
Any exception made by the Director in accord with the provisions of this chapter shall be duly recorded in concise language and with accompanying drawings as required. The record shall be filed in the Department of Public Works by property location using a street address or other reasonable system to permit reference to the exception made at any future date.
(Prior code § 26.6.7-4)
Following the City Clerk's receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 days nor more than 60 days from the City Clerk's receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.68.040, "Notice of public hearing." The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant's claim.
(Prior code § 26.6.7-5)
This chapter provides for the enforcement of penalties in the case of violation of any of the terms or provisions of this title and of any permit or right or exception granted hereunder. The enforcement rights set forth herein are in addition to those provisions of the Code that also specifically set forth the City's rights of enforcement and remedies available to the City. All of the provisions of the title of the Code setting forth enforcement rights and remedies shall apply to any violation of any of the terms or provisions of this title and of any permit or right or exception granted hereunder.
(Prior code § 26.12.1)
It is unlawful for any person to violate any term or provision of this title or any part hereof or any permit, license, or exception granted hereunder, or to fail to comply with any order or regulation made hereunder. Whenever a violation occurs, the violation shall include not only the act or omission constituting the violation, but it shall also include causing, allowing, permitting, aiding, abetting, suffering, withholding, or concealing the fact of such act or omission, or destroying or tampering the evidence associated with the act or omission. The provisions of this title and all permits and rights granted hereunder shall apply to any person, whether or not the person was the original owner of the property or applicant for the permit, right, exception, or approval, and whether the person is the owner, lessee, licensee, agent, or employee, if the person has notice of the terms and conditions of the permit or approval.
(Prior code § 26.12.1-1)
The City may enforce violations as a criminal (infraction or misdemeanor), civil, or administrative action, or any combination thereof. Any person who violates any term or provision of this title or any part hereof or any permit, license, or exception granted hereunder, or who fails to comply with any order or regulation made hereunder is guilty of a misdemeanor; provided, however, that in the sole discretion of the City Attorney's office, a violation may be prosecuted as an infraction where the City Attorney's office has determined that such action would be in the best interest of justice. The City Attorney may specify in the citation, accusatory pleading, or by amendment during the prosecutorial process that the matter will be prosecuted as an infraction. Any person who has violated any term or provision of this title or any part hereof or any permit, license, or exception granted hereunder, or has failed to comply with any order or regulation made hereunder shall be subject to the criminal, civil, and administrative penalties set forth in the Code and otherwise provided by law.
(Prior code § 26.12.1-2)
A person is guilty of a separate offense for each and every day, or any portion thereof, during which there is any violation or failure to comply as described in this chapter that is committed, continued, permitted, or allowed by such person.
(Prior code § 26.12.1-3)
In addition to the penalties herein provided, any condition caused, or permitted to exist, in violation of any of the provisions of this title or any part hereof or of any permit, license, or exception granted hereunder, or in violation of any order or regulation made hereunder is hereby declared to be unlawful and a public nuisance, and may be summarily abated as such by this City, and shall further be subject to injunctive relief granted by any court of competent jurisdiction. Each day or portion of a day that such condition continues shall be regarded as a new and separate offense.
(Prior code § 26.12.1-5)
All remedies permitted under this title or the Code shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof. Nothing in this chapter shall prevent the City from using one or more other remedies to address violations of this title.
(Prior code § 26.12.1-6)
The Director shall have principal responsibility for monitoring and enforcing the conditions and standards imposed on all land use standards and entitlements granted by the City pursuant to this title. In accordance with the provisions of California Penal Code Section 836.5(a), employees of the Department of Public Works, as directed and designated from time to time by the Director, are hereby authorized to issue citations for violations of this title. The procedures to be followed for the issuance of said citations are those that are or may be authorized from time to time by provisions of the California Penal Code.
(Prior code § 26.12.1-7)
In addition to any other remedy provided for in this Code or otherwise by law, the Director may take any or all of the following actions for any violation of this title or of the terms and conditions of any permit or approval that may be provided for in this title:
A. 
Institute proceedings to revoke or suspend any permit or approval, including, without limitation, a Variance, Conditional Use Permit, Minor Conditional Use Permit, or Temporary Use Permit;
B. 
Revoke the business license held by any violator in accordance with the provisions of Chapter 5.04, "Business Licenses Generally," Section 5.04.320, "Revocation and suspension of licenses—Hearing";
C. 
Impose an enforcement fee as provided for in Section 17.12.150, "Enforcement fees";
D. 
Cause to be issued an administrative citation or compliance order as provided for in the Code;
E. 
Institute proceedings against a person with multiple violations of the Code for "unfair business practices" under California Business and Professions Code Section 17200;
F. 
Request that the City Attorney take appropriate enforcement action. Referral by the Director is not a condition precedent to any enforcement action by the City Attorney.
(Prior code § 26.12.1-8)
A. 
An enforcement fee may be imposed by the City against each person who has violated the provisions of this title or the terms and conditions of any permit, license, exception, or approval that has been provided pursuant to this title. The purpose of this fee is to recover the costs of enforcement from any person who violates the provisions of this title or any permit, license, exception, or approval granted hereunder. The City Council shall establish the enforcement fees by resolution, and may, from time to time, amend such fees.
B. 
The Director shall cause to be issued a notice imposing fees under this section. The notice shall provide that the fee shall be due and payable within 15 days from the date of the notice. A penalty of 10% per month shall be added to any fees that have not been paid when due.
C. 
Any person upon whom fees have been imposed pursuant to this section may appeal the action in accordance with the following procedure:
1. 
A notice of appeal shall be filed with the Director within 10 days of the date of the notice.
2. 
At the time of filing the notice of appeal, the appellant shall deposit with the City Treasurer money in the amount of all fees due. If, as a result of the hearing, it is determined that the City is not entitled to all or a portion of the money, the City shall refund to the person all or a portion of the money deposited.
3. 
The City Council shall hold a hearing on the appeal within 60 days of the date of filing of the appeal. The City shall give the appellant at least five days' notice of the time and place of the hearing. The City Council shall render a decision within 15 days of the date of the hearing. The hearing may be continued if additional information is required in order to allow the City Council to render a decision. The purpose of the hearing shall be limited to whether or not the violation occurred.
4. 
The decision of the City Council shall be final except for judicial review.
5. 
Any notice issued pursuant to this section shall set forth the appeal rights as provided for in this subsection.
(Prior code § 26.12.1-9)
A. 
Notwithstanding any other provision of this Code, the Director may suspend a business license for 30 days or less, or may revoke a business license issued pursuant to this Code, if the holder of such business license has violated the provisions of this title or the terms and conditions of any permit or approval issued hereunder, in accordance with the procedure set forth in this chapter.
B. 
Upon being notified of a second violation of this title, or the terms and conditions of any permit or approval granted hereunder, within a three-year period from the date of the first violation, the Director shall notify the person that a third violation within such three-year period may result in the suspension or revocation of the person's business license.
C. 
Upon being notified of a third violation of this title, or the terms and conditions of any permit or approval granted hereunder within a three year period from the date of the first violation, the Director may notify the person of the revocation or suspension of the person's business license.
D. 
Any notice of revocation or suspension issued pursuant to this section shall be final upon the expiration of the appeal period if no appeal is timely filed or upon the decision of the City Council if an appeal is filed.
E. 
Any person may appeal the suspension or revocation of the business license in accordance with the following procedures:
1. 
A notice of appeal shall be filed with the Director within 14 days from the date of the notice of revocation or suspension.
2. 
The City Council shall hold a hearing on the appeal within 60 days of the date of the filing of the appeal. The City Council shall give the appellant at least 10 days' notice of the time and place of the hearing. The City Council shall render a decision within 15 days of the date of the hearing.
3. 
The decision of the City Council shall be final except for judicial review.
4. 
Any notice revoking or suspending a business license pursuant to this section shall set forth the appeal rights as provided for in this subsection.
(Prior code § 26.12.1-10)