The Director is responsible for the enforcement of the planning and zoning code and is authorized and empowered to act for the City in discharging such responsibility.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
[1]
Prior legislation: Code 1975 § 1316, Ords. 159 C.S., 75-20, 78-9, 83-25, 89-15 and 92-21.
The Director, or his agent, shall make such inspections as may be required to enforce the provisions of the planning and zoning code of the City.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
Any building or structure set up, erected, built or maintained for any use of property contrary to the provisions of this planning and zoning code shall be, and the same is declared to be, unlawful and a public nuisance, and the City Attorney may, upon notice from the Director of the Department of Community Planning and Building, and shall, upon order of the City Council, immediately commence action or actions, proceeding or proceedings to abate such nuisance, and/or to remove such structure, and/or to enjoin any person from committing such nuisance in the manner provided by law.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A.
Power and Authority. The Director of the Department of Community Planning and Building, the Building Official and the Code Enforcement Officer, or their authorized deputies shall each have the power and authority to arrest a person, without a warrant, whenever there is reasonable cause to believe that such person has committed a violation of CMC Titles 15 or 17.
B.
Written Notice (Citation) for Infraction. If the person arrested is believed to have committed a violation which is determined to be an infraction, said City officials shall have the authority to prepare a written notice (citation) directing such person to appear in court, and to release such person upon obtaining a written promise to appear in court on the date indicated in the citation.
C.
Written Notice (Citation) for Misdemeanor. If the person arrested is believed to have committed a violation which is determined to be a misdemeanor, unless such person demands to be booked and taken before a magistrate, said City officials shall have the authority to prepare a written notice to appear (citation) directing such person to appear in court, and to release such person upon obtaining a written promise to appear in court on the date indicated in the citation without the need to first post bail.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A.
Revocation Hearing. As determined by the Director of the Department of Community Planning and Building, if one or more of the conditions of approval or terms of a land use permit or variance have not been, or are not being, complied with, or where a land use permit or variance was approved on the basis of false, misleading or incomplete information, written or oral, given by the holder of such land use permit or variance, the Planning Commission shall hold a public hearing to consider revocation or modification of such land use permit or variance.
B.
Notice. The Secretary of the Planning Commission shall cause the required notice of public hearing to be given, including mailing a copy thereof to the holder of such permit or variance. Such notice shall be given not less than 10 calendar days prior to the date of the public hearing.
C.
Action of Planning Commission – Notice of Decision.
1.
Following the public hearing, the Planning Commission may revoke, wholly or in part, or otherwise modify said land use permit or variance;
2.
Written notice of the decision of the Planning Commission shall be mailed within three days of the date of decision to the appellant and to those persons who have requested, in writing, a copy of the decision from the Secretary of the Planning Commission.
B.
Any person who performs or undertakes development in violation of the LCP or inconsistent with any coastal development permit previously issued may, in addition to any other penalties, be civilly liable in accordance with the provisions of Public Resources Code Section 30820.
C.
Pursuant to Public Resources Code Section 30811, the Director of Community Planning and Building may, after a public hearing, order restoration of a site if it is found that the development has occurred without a coastal development permit from the appropriate authority, the development is inconsistent with the Coastal Act, and the development is causing continuing resource damage. Pursuant to Public Resources Code Section 30821.6, any person who intentionally or negligently violates a restoration order may be civilly liable for a penalty for each day in which the violation persists.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)