3-35
OCCUPANCY OF GARAGES:

3-35.1 Definitions:

For the purposes of this section, the following words and phrases shall be construed to have the meanings herein set forth:

Conversion and/or converted shall mean the unauthorized altered use of an existing structure from its originally intended use specifically herein to mean any existing garage altered for the purpose of human occupancy and/or habitation to include living, sleeping, cooking, or bathing.

Deconversion shall mean the process required to restore any garage back to its original intended use for vehicle storage.

Garage shall mean the structure constructed for the sole use of vehicle storage and related uses.

Occupancy shall mean the approved use of a specified structure that has been designated as approved for habitable use for living, sleeping, cooking and bathing.

Owner applied to real estate shall mean and include any individual or part owner or owners, joint owner, joint interest or other fee interest in the whole or part of such real estate.

Property shall mean the real property or parcel of land or real estate as specified. (Ord. #1616, §1)

3-35.2 Administrative Procedures:

The director of development services of the city of Lynwood or his or her designated representative may promulgate such administrative procedures as may be reasonably necessary to implement and enforce the provisions of this section. (Ord. #1616, §1)

 

3-35.3 Investigative Fees:

An investigative fee, assessed as a code enforcement fee, to determine whether a garage conversion exists at a property, must be collected whether or not a permit is then or subsequently issued. This investigative fee must be equal to the amount of the permit fee as set forth in the fee schedule as adopted by the city. The payment of such investigative fee does not exempt any person from compliance with all other provisions of either this or any technical code or from any penalty prescribed by law. (Ord. #1616, §1)

3-35.4 Additional Special Processing Fees:

Whenever any work for which a permit is required by this code has been commenced without first obtaining a permit, a special processing review must be made before a permit may be issued for such work for required deconversion. A special processing fee set forth in addition to the permit fee and investigative fee must be collected whether or not a permit is subsequently issued. The special processing fee must be established by the fee schedule as adopted by the city. The payment of such special processing fee does not exempt any person from compliance with all other provisions of either this or any technical codes or from any penalty prescribed by law. (Ord. #1616, §1)

3-35.5 Penalties:

a.    Whenever a change of use or occupancy occurs within eighteen (18) months of its approval, and subsequent approval(s) as required by this code, have not been obtained, the city may initiate a criminal complaint against the owner and/or other responsible person and upon a determination or plea of guilt, the city will seek to have the offender placed on summary probation for a period of three (3) years with routine inspections included as part of the probation.

b.    In addition to any other remedy by this code, the violation of any provision of this section may be enforced by an administrative citation issued in the same manner as stated in chapter 20 of this code. Issuance of an administrative citation under this section shall not exceed one thousand dollars ($1,000.00) per violation for each day a violation pertaining to a garage conversion exists on the property.

c.    The owner will certify by his or her signature on the disclosure that he or she has read and indeed does understand these provisions. (Ord. #1616, §1)

3-35.6 Right To Appeal:

a.    Any person assessed the penalty per subsection 3-35.5 of this section in accordance with this section may file a written appeal with the development services director of the city of Lynwood who shall cause the matter to be set for a hearing before the planning commission. The appeal, to be effective, must be filed with and received by the development services director within ten (10) calendar days of the date of the assessed penalty.

b.    At least ten (10) days’ written notice of the date, time, and place of said hearing shall be served personally or served by first class mail, addressed to the appellant’s last known address. Service by mail shall be deemed to be completed at time of deposit in the United States mail. Proof of service of the notice may be made by a declaration signed under penalty of perjury by any employee of the city which shows service in conformity with this section. (Ord. #1616, §1)

3-35.7 Exceptions:

Nothing in this section shall be deemed to affect or impair the city’s right to determine that any property is being maintained in such a way as to constitute a violation pursuant to the provisions of this section, or pursuant to California Health and Safety Code section 17920.3. (Ord. #1616, §1)