Chapter 9.92
ENFORCEMENT
Sections:
9.92.040 Remedies are cumulative.
9.92.060 Revocation and modifications.
9.92.070 Enforcement action and legal remedies.
9.92.080 Additional permit processing fees.
9.92.010 Purpose of chapter.
The purpose of this chapter is to ensure that enforcement of the provisions of this Development Code and any permits and approvals granted by the City shall be diligently pursued in order to provide for their effective administration, to secure compliance with any conditions of approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare of the City. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.020 Responsibility.
A. Director shall be responsible. The Director and designated code enforcement officers shall be responsible for enforcing the provisions of this Development Code and any conditions imposed on land use permits or approvals (e.g., conditional use permits, planned development permits, etc.) granted by the City and allowed under this Development Code.
B. Public nuisance. Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of the Municipal Code, including this Development Code and other related ordinances of the City, or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties identified in Chapters 28 and 29 of Title 5, the revocation and modification procedures identified in Section 9.92.060 (Revocation and modifications), and/or any other applicable ordinance which contains enforcement provisions and remedies.
C. Deemed void. Any certificate, license, permit, or other approval issued in conflict with this Development Code shall be deemed void. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.030 Violations.
A. Violation and penalties.
1. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating any provision of this Development Code, or any applicable condition of approval, is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand and no/100ths dollars ($1,000.00) or by imprisonment in the Fresno County jail for a term not exceeding six (6) months, or by both the fine and imprisonment.
2. The City Attorney may reduce the charges to an infraction in compliance with Chapter 2 of Title 1 (Penalty Provisions).
B. Guilty of a separate offense. A person, firm, or corporation is deemed guilty of a separate offense for each and every day during any portion of which any violation of this Development Code, or any applicable condition of approval, is committed, continued, or allowed by the person, firm, or corporation, and shall be punishable as provided in this chapter.
C. Stop work order.
1. Construction in violation of the Municipal Code, including this Development Code and other related ordinances of the City, or any applicable condition of approval imposed on a permit or approval, shall be subject to the issuance of a “Stop Work Order.”
2. A violation of a stop work order shall constitute a misdemeanor.
D. Civil suit brought by City. In addition to any other remedy provided in this chapter, this Development Code, or the Municipal Code, any provision of this chapter may be enforced by injunction issued by the courts upon a civil suit brought by the City.
E. Administrative citations. In addition to any other remedy provided in this chapter, this Development Code, or the Municipal Code, any provision of this chapter may be enforced by issuance of administrative citations, in compliance with Chapter 7 of Title 1 (Administrative Citations). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.040 Remedies are cumulative.
A. Cumulative and not exclusive. The remedies available to the City for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or Federal law.
B. Use of available methods. The City may use any available method to enforce the provisions of this Development Code.
C. Remedies to correct the violation(s). If a person is found guilty and convicted of a misdemeanor for a violation of any provision of this Development Code, the conviction shall not prevent the City from pursuing any other available remedies to correct the violation(s). (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.050 Inspections.
A. Inspections before decision. Every applicant seeking a permit or approval or any other action in compliance with this Development Code shall allow the City official handling the application access to any premises or property which is the subject of the application, and the City official shall make the inspections as deemed necessary from time to time throughout the application process.
B. Inspections following decision. If the permit or approval is approved, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the permit or approval and/or any conditions imposed by the review authority. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.060 Revocation and modifications.
A. Purpose of section. The purpose of this section is to identify procedures for securing revocation or modifications of previously granted permits and approvals under this Development Code.
B. Effect of revocation. The City’s action to revoke permits and approvals shall have the effect of terminating the permits or approvals and disapproving the privileges granted by the original approval.
C. Effect of modification.
1. The City’s action to modify a permit or approval, rather than to revoke it, shall have the effect of changing the operational aspects of the permit or approval.
2. The changes may include the operational aspects related to buffers, duration of the permit or approval, hours of operation, landscaping and maintenance, lighting, noise, odors, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, and similar aspects.
D. Public hearing required. The applicable review authority shall hold a public hearing to revoke or modify any permit or approval granted in compliance with the provisions of this Development Code.
E. Ten (10) day notice. Not less than ten (10) days before the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit or approval was granted.
F. Temporary use permit exception. The only exception to this notice requirement shall be for temporary use permits, which only require a twenty-four (24) hour notice to the applicant.
G. Notice deemed delivered. Notice shall be deemed delivered on the date of delivery if personally delivered, or two (2) days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County, and/or the project applicant.
H. Certificates, licenses, permits, or other approvals. A certificate, license, permit, or other approval may be revoked or modified by the review authority (e.g., Director, Commission, or Council) which originally granted the permit or approval, or the equivalent City review authority, for permits or approvals originally granted under the County’s authority, if any one of the following findings is made:
1. Circumstances under which the permit or approval was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit or approval can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation;
2. The permit or approval was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;
3. One or more of the conditions of the permit or approval have not been substantially fulfilled or have been violated; or
4. The improvement/use authorized in compliance with the permit or approval:
a. Is in violation of a code, law, ordinance, regulation, or statute of the City, State, or Federal governments whether now existing or subsequently enacted;
b. Operates in a manner that constitutes or is creating a public nuisance; or
c. Has ceased operation or has been abandoned (discontinued) in compliance with Chapter 84 of this title (Nonconforming Uses, Structures, and Parcels).
I. Variances/minor deviations. A variance/minor deviation may be revoked or modified by the review authority which originally granted the permit or approval, or the equivalent City review authority, for permits or approvals originally granted under the County’s authority, if any one of the following findings is made:
1. Circumstances under which the approval 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, the public convenience, health, interest, safety, or welfare require the revocation, and the grantee has not substantially exercised the rights granted by the variance/minor deviation; or
2. One or more of the conditions of the variance/minor deviation have not been substantially fulfilled or have been violated. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.070 Enforcement action and legal remedies.
Except as specifically provided in this chapter, the enforcement procedures and remedies set forth in the Municipal Code shall apply to violations of this Development Code, including:
Chapter 2 of Title 1, Penalty Provisions.
Chapter 7 of Title 1, Administrative Citations.
Chapter 27 of Title 5, Nuisances.
Chapter 28 of Title 5, Abatement, Appeals and Administrative Hearings.
Chapter 29 of Title 5, Cost Recovery and Penalties. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.080 Additional permit processing fees.
A person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit or approval required by this Development Code, shall pay as a penalty an additional processing fee for the correction of the violation(s), before being granted a permit or approval for a use or structure on the subject parcel. The additional processing fee shall be as follows, not to exceed one thousand and no/100ths dollars ($1,000.00) for each work requiring a permit:
First time by the same permittee: a fee equal to the amount of the permit fee required for the work.
Second time by the same permittee: a fee equal to twice the amount of the permit fee required for the work.
Third time by the same permittee: a fee equal to three (3) times the amount of the permit fee required for the work.
Fourth time by the same permittee: a fee equal to four (4) times the amount of the permit fee required for the work.
Fifth time by the same permittee: a fee equal to five (5) times the amount of the permit fee required for the work.
Sixth and subsequent time by the same permittee: a fee equal to six (6) times the amount of the permit fee required for the work and so on to a maximum of a ten (10) times the permit fee.
Payment of the additional processing fee shall not exempt an applicant from compliance with the provisions of this Development Code or any other provisions of the Municipal Code, nor from fines and penalties arising out of an enforcement action. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.92.090 Reinspection fees.
A. Amount and applicability of reinspection fee.
1. A reinspection fee shall be imposed on each person who receives a Notice and Order or letter of correction of any provision of the Municipal Code, adopted Building Code, or State law.
a. The fee amount shall be established by the City’s Fee Schedule.
b. 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.
B. Continuation of the original case.
1. If a notice or letter has been previously issued for the same violation(s) and the property has been in compliance with the provisions of the Municipal Code, including this Development Code and other related ordinances of the City, for less than six (6) months, the violation(s) 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.
2. This fee is intended to compensate for administrative costs for unnecessary City inspections, and not as a penalty for violating the Municipal Code, including this Development Code and other related ordinances of the City.
3. Any reinspection fee(s) imposed shall be separate and apart from any fines or penalties imposed for violation of the Municipal Code, or costs incurred by the City for the abatement of a public nuisance. (§ 2, Ord. 14-13, eff. October 8, 2014)