Chapter 18.135
ENFORCEMENT
Sections:
18.135.010 Public nuisance.
18.135.020 Permits, licenses, certificates, and approvals.
18.135.030 Enforcement responsibilities.
18.135.040 Revocation or modification of discretionary permits.
18.135.050 Hearing for other violations.
18.135.060 Prosecution of violations – Penalties.
18.135.070 Recording notice of violation.
18.135.010 Public nuisance.
A violation of any provision of this title is a public nuisance and may be abated pursuant to the provisions of PHMC Chapter 7.05 or any other remedy available by law. (Ord. 710 § 35-36.1, 1996; 1991 code § 35-36.1)
18.135.020 Permits, licenses, certificates, and approvals.
A permit, license, certificate, or approval granted in conflict with a provision of this title is void. (Ord. 710 § 35-36.2, 1996; 1991 code § 35-36.2)
18.135.030 Enforcement responsibilities.
The zoning administrator is responsible for enforcing the terms of discretionary permits and their conditions under this title. The chief building official is responsible for enforcing this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the city are responsible for enforcing provisions related to their areas of responsibility. (Ord. 710 § 35-36.3, 1996; 1991 code § 35-36.3)
18.135.040 Revocation or modification of discretionary permits.
A. Duties of zoning administrator. If the zoning administrator determines there are grounds for revocation or modification of a zoning permit, home occupation permit, use permit, variance, development plan approval, architectural review permit, or other discretionary approval authorized by this title, the zoning administrator shall schedule a revocation hearing before whichever person or body took final action on the permit.
B. Notice and public hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 calendar days before the hearing. The contents of the notice shall be as prescribed by PHMC Chapter 18.80.
C. Hearing. The person or body conducting the hearing shall hear testimony of city staff, the permittee, and any other interested person. A public hearing may be continued to a specific date and time without additional public notice.
D. Required findings. The person or body conducting the hearing may revoke or modify the permit upon making one or more of the following findings:
1. The permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including but not limited to the municipal code; or
3. The use is being conducted contrary to the public health, safety, and welfare.
E. Decision and notice. Within 10 calendar days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision and shall mail notice of the decision to the permittee and to any other person who has filed a written request for such notice.
F. Effective date – Appeals. A decision to revoke a discretionary permit becomes final 10 calendar days after the notice of the decision is mailed, unless appealed.
G. Other remedies. The city’s right to revoke a discretionary permit is in addition to any other remedy allowed by law. (Ord. 856 § 2 (Exh. A), 2011; Ord. 727 § 8, 1998; Ord. 710 § 35-36.4, 1996; 1991 code § 35-36.4)
18.135.050 Hearing for other violations.
If the zoning administrator has reason to believe a violation of this title exists, the zoning administrator may direct the violator or property owner or both to appear before the zoning administrator to show cause why the city should not proceed with enforcement action. Notice of the possible violation and the time and place of the hearing shall be mailed to the property owner and any other interested person at least 10 calendar days before the hearing. The contents of the notice shall be as set forth in PHMC Chapter 18.80.
At the hearing, the zoning administrator shall consider the testimony of the city staff, the property owner and any other interested person. The zoning administrator may make a finding as to whether or not a violation of this title exists, and may recommend to the staff and to the property owner one or more courses of action. The zoning administrator may, in his or her discretion, refer the matter directly to the planning commission. (Ord. 710 § 35-36.6, 1996; 1991 code § 35-36.6)
18.135.060 Prosecution of violations – Penalties.
A person who violates a provision of this title, including the failure to secure a zoning permit or comply with a condition of approval, is subject to the criminal penalties set forth in PHMC Chapter 1.30. Payment of a fine or penalty does not relieve a person from the responsibility of correcting the violation. (Amended during 2005 recodification; Ord. 710 § 35-36.8, 1996; 1991 code § 35-36.8)
18.135.070 Recording notice of violation.
A. If property in the city exists in violation of this title, and the owner fails or refuses to correct the violation, the city may record a notice of violation against the affected property.
B. Before recording such a notice, the city shall do all of the following:
1. The zoning administrator shall send written notice to the current owner that a violation exists and request that the owner correct the violation within a specific, reasonable period of time. The zoning administrator may, in his or her discretion, send more than one notice and conduct an informal show cause hearing to discuss the violation with the owner.
2. If the owner fails or refuses to correct the violation within the time specified, the zoning administrator shall mail to the current owner by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the owners, describing the violation in detail (including relevant municipal code sections), and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place for a planning commission hearing at which the owner may present evidence to the planning commission why the notice should not be recorded. The hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing.
3. The planning commission shall hear the matter on the date scheduled. If, after the owner and the city staff have presented evidence, the commission determines that there is no violation, the zoning administrator shall mail a clearance letter to the current owner. If the owner fails to appear, or the commission determines that there is a violation, the commission may, by resolution, direct the zoning administrator to record the notice of violation with the county recorder.
4. The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code sections 1213 and 1215.
5. If the owner corrects the violation after the notice has been recorded, and has notified the city in writing and consented to an inspection to confirm the correction, the zoning administrator shall record a release or cancellation of the notice of violation. (Ord. 710 § 35-36.10, 1996; 1991 code § 35-36.10)