Chapter 16.12
ADMINISTRATION AND ENFORCEMENT
Sections:
16.12.010 Amendment procedure—Hearing.
16.12.020 Penalty for violation.
16.12.030 Other remedies for violation.
16.12.010 Amendment procedure—Hearing.
A. Amendment of this title may be initiated in one of the following manners:
1. By resolution adopted by the commission;
2. By resolution adopted by the council, which resolution shall be referred to the commission for a hearing.
B. The commission shall hold at least one public hearing on any such proposed amendment. When such a resolution of the council has been filed with the commission or its secretary, the hearing by the commission shall be held within forty days following such filing.
C. Notice of Commission Hearing. Notice of the time and place of the public hearing by the commission shall be given by the commission or its secretary by at least one publication in a newspaper of general circulation published in the city at least ten days before the hearing and by such other means as the commission may determine.
D. Decisions of Commission.
1. Within forty days after the conclusion of such public hearing, the commission shall by resolution make its findings, decision and recommendations in the matter.
2. In matters initiated by resolution of the council, failure of the commission to adopt such resolution within forty days following the first hearing thereon, or failure of the commission to conduct a hearing within forty days following the filing of such resolution with the commission or its secretary, shall be deemed to be approval of the proposed amendment, and the council may proceed with the matter without any further proceedings or report from the commission.
3. The commission shall cause its recommendations to be filed with the council.
E. The action of the council on such matters shall be final; provided that no substantial change shall be made in any amendment initiated and proposed by the commission, until the proposed change has been referred to the commission for a report and a copy of the report has been filed with the council; and provided further, that failure of the commission to so report within forty days shall be deemed to be approval of the proposed change.
No notice of such hearing need be given. (Ord. 424 § 900, 1967)
16.12.020 Penalty for violation.
The penalty for violations of Title 16 shall be as prescribed in Section 1.16.010. (Ord. 505 § 2 (part), 1973: Ord. 424 § 1000, 1967)
16.12.030 Other remedies for violation.
A. No provision of this title shall be deemed to bar any legal, equitable or summary remedy to which the city or other political subdivision or any person may otherwise be entitled, and the city, other political subdivision or any person may file a suit in the superior court to restrain or enjoin any attempted or proposed act which is declared by this title to be unlawful.
B. No building permit shall be issued for the improvement of, or the construction, installation or replacement of any building or structure on, and no use permit shall be granted for the use of, any lot or parcel of land resulting from a subdivision of land contrary to this title.
C. Any deed of conveyance, sale, contract to sell or lease of property made contrary to the provisions of this title or the Map Act is voidable at the sole option of the grantee, buyer, person contracting to purchase or lessee, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract of sale, or lease; but the deed of conveyance, sale or contract to sell or lease is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase, or lessee, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or lessor or his assignee, heir or devisee. (Ord. 424 § 1001, 1967)