Chapter 18.540
ENFORCEMENT
Sections:
18.540.020 Enforcement responsibilities.
18.540.040 Responsibility to investigate violations of this title.
18.540.070 Revocation of permits.
18.540.080 Nuisance abatement.
18.540.090 Limitation of actions.
18.540.100 Recording a notice of violation.
18.540.010 Purpose.
This chapter establishes the responsibilities of enforcing the requirements of the development code, and sets forth the procedures the city will use to identify, abate, remove, and enjoin those uses, structures, or buildings that are deemed to be in violation of the development code. [Ord. 12-4. DC 2012 § 122-1368].
18.540.020 Enforcement responsibilities.
All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses, shall conform to the provisions of the development code, and shall issue no permit or license for uses, buildings, or purposes in conflict with the provisions of the development code. Any permit or license issued in conflict with the provisions of the development code shall be null and void. It shall be the duty of the building official of the city to enforce the provisions of this zoning ordnance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. [Ord. 12-4. DC 2012 § 122-1369].
18.540.030 Nuisance defined.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of the development code, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of the development code, including any permit issued hereunder shall be and the same is hereby declared to be unlawful and a public nuisance. [Ord. 12-4. DC 2012 § 122-1370].
18.540.040 Responsibility to investigate violations of this title.
The planning division and/or other city departments as may be designated by the city manager shall investigate all violations and suspected violations and make a written report thereon. Said report shall contain the name of the parties to the violation, the nature of the violation and its location, and the number of the section of the chapter which has been violated. [Ord. 12-4. DC 2012 § 122-1371].
18.540.050 Penalties.
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of the development code shall be deemed guilty of a misdemeanor punishable pursuant to CMC 1.05.230 (Penalty for misdemeanors). Such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of the development code is committed or continued by such person, firm, or corporation, and shall be punishable as herein provided. [Ord. 12-4. DC 2012 § 122-1372].
18.540.060 Remedies.
The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the planning commission or city council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:
A. Ordering the cessation of the use in whole or in part;
B. Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;
C. Requiring continued compliance with any condition so imposed;
D. Requiring the user to guarantee compliance in all respects with any imposed conditions; or
E. Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed. [Ord. 12-4. DC 2012 § 122-1373].
18.540.070 Revocation of permits.
Any planning permit granted in accordance with the development code may be revoked if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith.
A. Determination of Revocation. Upon determination by the planning division that there are reasonable grounds for revocation of any planning permit or other approval authorized by the development code, a revocation hearing shall be set with the appropriate review authority.
B. Public Hearing on Proposed Revocation. The review authority shall hold a public hearing on any proposed revocation. Notice shall be given in accordance with Chapter 18.500 CDC.
C. Post-Decision Procedures. A revocation hearing and any post-decision procedures shall be in accordance with this chapter.
D. Required Findings. The review authority shall revoke the permit upon finding that:
1. The permit was issued on the basis of erroneous or misleading information or misrepresentation; or
2. The terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated; or
3. There has been a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months.
E. Right to Revoke Is 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. 12-4. DC 2012 § 122-1374].
18.540.080 Nuisance abatement.
Notices of violation shall be provided, and nuisances abated, according to the procedures of CMC 8.25.070 (Administrative citations and fines), 8.25.080 (Abatement by city) and 8.25.090 (Payment of costs). [Ord. 12-4. DC 2012 § 122-1375].
18.540.090 Limitation of actions.
Except as otherwise provided in Government Code Section 65009, any court action or proceedings to attack, review, set aside, void or annul any decision on matters listed in this chapter, including, but not limited to, rezoning or reclassification of property, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decisions, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is commenced and service is made on the city after the effective date of such decisions. [Ord. 15-8 § 3 (Exh. E); Ord. 12-4. DC 2012 § 122-1376].
18.540.100 Recording a notice of violation.
If compliance is not achieved through an order of the planning division or the city building official to correct violations of the development code within the time specified in the notice of violation, the planning division may file with the county recorder a certified statement describing the property and certifying that:
A. The property and/or structure is in violation of the development code; and
B. The owner had been so notified;
C. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.
Whenever the corrections ordered shall thereafter have been completed, the planning division shall file a new certified statement with the county recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of the development code. [Ord. 12-4. DC 2012 § 122-1377].
18.540.110 Stop orders.
When any person violates any provision of the development code, the planning division, the building official, or the chief of police may order that such violation be stopped immediately, by causing a written stop order to be served on the appropriate person.
The stop order shall be served by personal delivery to any person engaged in any active violation of the development code; or if there are no such individuals on the site, the stop order shall be served by posting a copy of the order on the premises where the violation has occurred and by promptly mailing a copy of such order to the owner or the owner’s authorized agent, at such address as may be shown on current city records or in current records in the office of the Contra Costa County tax assessor or tax collector. Such order shall become effective immediately upon personal delivery or upon posting the order.
After service of a stop order, no person shall perform any act on the premises in violation of the terms of the stop order, except such actions as are determined by the planning division or building official to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the planning division or the building official. After service of such order, no person shall continue the use ordered to be stopped, and no other use shall be commenced on the premises, until such time as the planning division determines that the succeeding use is in conformity with the requirements of the development code. [Ord. 12-4. DC 2012 § 122-1378].