Chapter 15.08
ENFORCEMENT OF BUILDING AND ZONING REGULATIONS
Sections:
15.08.010 Enforcement of building and zoning regulations.
15.08.030 Enforcement procedure.
15.08.070 Stop work order – Enjoinment.
15.08.080 Inspection – Continued violation.
15.08.090 Second notice – Failure to comply – Action by city attorney.
15.08.110 Result of findings of hearings.
15.08.120 Failure to comply – Remedies.
15.08.010 Enforcement of building and zoning regulations.
The procedure for enforcement of zoning and building regulations shall be as provided in Chapter 8.12 TMC (Nuisances). [Ord. 2004-04, 2004; Ord. 174 § 1, 1981].
15.08.020 Definitions.
For the purposes of this chapter:
“Beneficial owner” means any mortgagee of record; a beneficiary under a recorded deed of trust; the owner or holder of any lease of record; provided, however, that the United States, the state of California, and the county of Humboldt shall not be deemed to be beneficial owners by virtue of any lien for unpaid taxes.
“Council” means the city council of the city of Trinidad.
“Enforcement official” means any officer or department head of the city charged with the duty of enforcing ordinances of the city, or laws of the state.
“Occupier” means the person occupying or otherwise in real or apparent charge and control of the premises affected.
“Owner” means the owner of record of the premises affected.
“Violation” is defined to be any condition not in conformance with any statute of the state or ordinance of the city with regard to zoning regulations and Uniform Building Codes. [Ord. 174 §§ 2, 3, 1981].
15.08.030 Enforcement procedure.
A. In the event a zoning or building violation is observed, a written complaint shall be filed with the city clerk.
B. The complaint shall be forwarded to the building inspector who shall conduct a field inspection to determine the validity of the claim.
C. If necessary, the building inspector shall contact the city attorney to obtain a search warrant so that the inspection can be conducted.
D. In the event the violation is confirmed by the inspection, notice shall be served in accordance with the provisions of this chapter. [Ord. 174 § 4, 1981].
15.08.040 Notice – Violation.
Upon the determination of the violation by the building inspector or other enforcement official, the enforcement official shall prepare a notice of violation, and shall cause copies of the notice of violation to be served on the property owner, the city attorney, the city clerk, the city planner, the inspection file, the planning commission and the California Coastal Commission as provided in TMC 15.08.050. [Ord. 174 § 6, 1981].
15.08.050 Notice – Service.
Any notice required to be given by the provisions of this chapter shall be deemed to have been given when:
A. A copy of the notice is either served personally or has been deposited in the mail, postage prepaid, certified, return receipt requested, to every owner, occupier and beneficial owner of the premises affected, addressed to such person at his last known place of address. The failure of the enforcement official to make or attempt to make such service on any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served. If no address can be found or is known to the enforcement official, then any notice shall be so mailed to such person at the address of the premises affected by the proceedings. The failure of any person to receive such notice shall not affect the validity of any proceedings taken hereunder.
B. A copy of the notice is prominently and conspicuously affixed to the premises affected by the proceedings herein. [Ord. 174 § 5, 1981].
15.08.060 Notice – Contents.
The notice of violation shall contain the following:
A. A street address, legal description, or other description sufficient to identify the premises affected;
B. A description of the condition in violation of building and/or zoning regulations;
C. A statement of the preferred method of correction;
D. An order to correct the violation within 30 days;
E. Notice that the owner may request a formal hearing to contest the notice of violation and ordered correction;
F. Notice that failure to make correction will result in action by the city. [Ord. 174 § 7, 1981].
15.08.070 Stop work order – Enjoinment.
If, in the opinion of the building inspector, the violation is a public nuisance or is of a substantial nature requiring immediate cessation, a stop work order shall be issued for building violations; or the city attorney shall be instructed to take immediate action to enjoin the zoning violation. [Ord. 174 § 8, 1981].
15.08.080 Inspection – Continued violation.
Upon expiration of the deadline for correction of the violation, and lacking response from the owners of the property, the building inspector shall conduct a second field inspection to determine whether the violation has been corrected. The city attorney may be contacted to obtain a search warrant for the inspection, if necessary. The building inspector shall report in writing to the city attorney informing him of the status of the violation of the correction. [Ord. 174 § 9, 1981].
15.08.090 Second notice – Failure to comply – Action by city attorney.
Upon notification by the building inspector that appropriate correction of the violation has not occurred within the allotted time for compliance, the city attorney shall:
A. Send to the owner of the property a second notice of violation, by certified mail, stating:
1. Items as set forth in initial notice;
2. Specific consequences to the owner if he/she fails to take action by either correcting the violation or requesting a formal hearing.
B. In the event the property owner fails to take action as above said, the city attorney shall notify the planning commission of the city to add the violation as an agenda item at the next regularly scheduled planning commission meeting. The attorney shall also prepare a written report and recommendation for consideration by the planning commission at that meeting.
C. In the event the property owner requests a formal hearing, the city attorney shall notify the planning commission of the city to add it to the agenda of its next regularly scheduled meeting to set a date for the formal hearing. The city attorney shall present the case for the city at the hearing.
D. In the event the planning commission hearing results in findings against the property owner and the property owner refuses to comply with the findings of the planning commission, the planning commission shall notify, in writing, the city council of the result of the hearing process. The planning commission report may recommend to the city council that they direct the city attorney to commence legal proceedings against the property owner. [Ord. 174 § 10, 1981].
15.08.100 Hearing.
Upon review and consideration of an agenda item regarding the alleged violation of the building code or the zoning ordinances of the city, the planning commission may:
A. Elect not to pursue the violation;
B. Establish a hearing date allowing the property owner reasonable time to prepare his case, and cause notice of the hearing to be sent to the violator;
C. The planning commission may grant one continuance to the property owner for preparation of his/her case upon showing good cause;
D. The planning commission shall convene fully noticed hearings regarding alleged violations for the purposes of considering evidence and testimony of parties to the dispute and shall make a determination on the alleged violation. Such proceedings need not be governed by rules of evidence:
1. Such hearings shall be open to the general public;
2. Minutes of such hearings shall be kept. [Ord. 174 § 11, 1981].
15.08.110 Result of findings of hearings.
After making its findings at such hearing, the planning commission shall:
A. Elect to drop the matter;
B. Impose one or more of the available sanctions against the property owner as provided by ordinance;
C. Grant a variance to correct the violation. [Ord. 174 § 12, 1981].
15.08.120 Failure to comply – Remedies.
In the event the property owner fails to comply with the sanctions imposed as the result of any adverse ruling by the planning commission, the planning commission may, at its discretion:
A. Elect to drop the matter;
B. Recommend to the city council that they direct the city attorney to commence legal proceedings against the property owner. [Ord. 174 § 13, 1981].