Division 1. Planning and Zoning
Part 1. General Administration
Chapter 18.15
ENFORCEMENT AND INTERPRETATION OF TITLE
Sections:
18.15.020 Issuance of permits, licenses, maps, approvals.
18.15.030 Responsibility for enforcement.
18.15.050 Violation a public nuisance.
18.15.060 Prosecution of violations – Penalties.
18.15.070 Each day a separate offense.
18.15.080 Remedies cumulative.
18.15.090 Duty of city attorney.
18.15.110 Error must be prejudicial.
18.15.120 Interpretation – Minimum requirements.
18.15.130 Authority to interpret.
18.15.140 Maps referred to herein not a part of this code.
18.15.010 Applicability.
The provisions of this title are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may now or hereafter may be enforceable in connection with the activities of any such public agency or organization. (Ord. 9-2014 § 4, 3-4-14.)
18.15.020 Issuance of permits, licenses, maps, approvals.
No permit, license, map, approval or entitlement shall be issued, including without limitation a final inspection for occupancy, until all applicable requirements of this title have been satisfied. A permit, license, map, approval or entitlement granted in conflict with a provision of this title is void. (Ord. 9-2014 § 4, 3-4-14.)
18.15.030 Responsibility for enforcement.
All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this title. The building and safety manager of the city shall ensure that buildings and structures constructed in the city comply with the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (Ord. 9-2014 § 4, 3-4-14.)
18.15.040 Inspection fees.
A prescribed fee shall be charged for each inspection necessary to enforce the provisions of this title, except that there shall be no fee charged for the initial inspection and any subsequent inspection that verifies compliance with the applicable regulations and other provisions of this title. (Ord. 9-2014 § 4, 3-4-14.)
18.15.050 Violation a public nuisance.
A violation of any provision of this title is a public nuisance and may be enforced pursuant to the provisions of Chapter 1.20 or any other remedy available by law. (Ord. 9-2014 § 4, 3-4-14.)
18.15.060 Prosecution of violations – Penalties.
A person who violates a provision of this title, including the failure to secure a permit or comply with a condition of approval, is subject to the criminal penalties of Chapter 1.15. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation. (Ord. 9-2014 § 4, 3-4-14.)
18.15.070 Each day a separate offense.
Each day, or portion of a day, that a violation of this title is committed or continued shall constitute a separate offense and shall be punishable as provided in this chapter. (Ord. 9-2014 § 4, 3-4-14.)
18.15.080 Remedies cumulative.
The remedies in this code shall be cumulative and not exclusive. (Ord. 9-2014 § 4, 3-4-14.)
18.15.090 Duty of city attorney.
The city attorney of the city shall immediately commence action or proceedings for the abatement, removal and enjoinment of any violation of this title, in the manner provided by law. The city attorney is authorized to enforce all related agreements, covenants, and conditions and other requirements placed on project approvals. (Ord. 9-2014 § 4, 3-4-14.)
18.15.100 Indemnification.
The applicant for any permit required by this title shall agree to defend, indemnify, and hold harmless the city and its agents, officers, and employees from any action, claim, or proceeding brought against the city or its agents, officers, or employees which challenges the validity of any approval by the city or its agencies, boards, commissions, or city council. (Ord. 9-2014 § 4, 3-4-14.)
18.15.110 Error must be prejudicial.
No action, inaction or recommendation regarding any permit authorized by this title shall be held void or invalid or be set aside by any court by reason of any error, irregularity, informality, neglect or omission (“error”) as to any matter pertaining to the petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatsoever unless after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not a presumption that the error is prejudicial or that injury was done if error is shown. (Ord. 9-2014 § 4, 3-4-14.)
18.15.120 Interpretation – Minimum requirements.
In their interpretation and application, provisions of this title shall be held to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other rules or regulations or ordinances, the provisions of this title shall control. (Ord. 9-2014 § 4, 3-4-14.)
18.15.130 Authority to interpret.
(a) If there is ambiguity concerning the meaning or applicability of any provisions of this title, the zoning administrator shall have the authority to review pertinent facts, determine the intent of the provision, and to issue an administrative interpretation of the provisions of this title.
(b) A request for a zoning interpretation shall be submitted to the zoning administrator on a form prescribed for that purpose by the city. The request shall include all required fees and/or deposits and all information required by the city.
(c) A decision of the zoning administrator shall be effective on the date following the expiration of the appeal period, as described in Chapter 18.300, unless an appeal is timely filed pursuant to Chapter 18.300. (Ord. 9-2014 § 4, 3-4-14.)
18.15.140 Maps referred to herein not a part of this code.
Whenever any maps or exhibits are referred to that are not set out in this code, they shall have the same force and effect of any noncodified ordinance of this city. However, they shall be interpreted in connection with the applicable provisions of this code. (Ord. 9-2014 § 4, 3-4-14.)