Chapter 14-14
ENFORCEMENT
Sections:
14-14.010 Enforcement: Penalties.
14-14.020 Declaration of nuisances.
14-14.022 Termination, conditioning or modification of use.
14-14.024 Powers of the Planning Commission.
14-14.028 Remedy not exclusive.
14-14.030 Violations: Penalties.
14-14.042 Enforcement actions.
14-14.010 Enforcement: Penalties.
All department officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or license for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit, certificate, or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty of the Building Official and of the Zoning Administrator to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure and the use of any land, building, or premises.
(Ord. 1156-03 C-M, eff. May 22, 2003)
14-14.020 Declaration of nuisances.
Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, and any use of land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, shall be, and the same is hereby declared to be, unlawful and a public nuisance. The City Attorney on direction of the Council is authorized and directed to commence legal action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such necessary steps, and shall apply to such court or courts as may have jurisdiction, to obtain such relief as will abate and remove such building or structure and to restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building or structure or using any land contrary to the provisions of this title.
(Ord. 1156-03 C-M, eff. May 22, 2003)
14-14.022 Termination, conditioning or modification of use.
Any use, nonconforming or otherwise, of any land, building or premise is hereby declared to be unlawful and a public nuisance and shall be terminated, made subject to conditions or modified by the City where, following notice and the opportunity to be heard, the Planning Commission finds that the use, as operated or maintained, and either by act or by omission:
(a) Has resulted in or facilitated any of the following activities, each of which the City hereby declares to be a public nuisance: disturbances of the peace, illegal drug activity including sales or possession thereof, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, public urination, curfew violations, theft, assaults, batteries, acts of vandalism, illegal parking, excessive littering, excessive noise (particularly between the hours of 11:00 p.m. and 7:00 a.m.), noxious smells or fumes, lewd conduct, or police detention, citations or arrests, or any other activity declared by the City to be a public nuisance determined under by California law to be public nuisance; or
(b) Violates any provision of Sections 14-14.022 through 14-14.028, or any other City, State or Federal regulation, ordinance or statute.
(Ord. 1156-03 C-M, eff. May 22, 2003)
14-14.024 Powers of the Planning Commission.
The Planning Commission, acting under Section 14-14.022, shall have the power to impose the following remedies, or any combination thereof: enjoining the use in whole or in part; revoking a special use permit, imposing reasonable conditions upon any continued operation of the use, including those uses which constitute existing nonconforming uses; requiring continued compliance with any conditions so imposed; requiring the user to guarantee that such conditions shall in all respects be complied with; and upon a failure of the user to comply with any conditions so imposed, imposing additional conditions, enjoining the use in whole or in part, or taking any other action permitted by California law.
(Ord. 1156-03 C-M, eff. May 22, 2003)
14-14.026 Procedure.
Proceedings by the Planning Commission to terminate, modify or condition any use pursuant to Section 14-14.022 shall be as follows:
(a) The Planning Commission shall give notice to the record owner and the lessee of the real property affected to appear at a time and place fixed by the Zoning Administrator, and show cause why the use, building or structure should not be terminated, modified or conditioned as the case may be. A written notice of the date and place shall be mailed in accordance with the public notice procedures of Section 14-10.905.
(b) After such notice and hearing, the Planning Commission may exercise the powers set out in Section 14-14.024.
(c) Any action taken by the Planning Commission will be supported by written findings, including a finding that it does not impair the constitutional rights of any person. The written findings shall be delivered to the record owner and occupant of the property affected.
(Ord. 1156-03 C-M, eff. May 22, 2003)
14-14.028 Remedy not exclusive.
The remedies provided for in Sections 14-14.022 through 14-14.026 shall be cumulative and in addition to any other procedures and remedies to which the City may be entitled by law or equity.
(Ord. 1156-03 C-M, eff. May 22, 2003)
14-14.030 Violations: Penalties.
Any person who violates any provision of this title or fails to comply herewith shall be subject to the penalties provided in Chapter 2 of Title 1 of this Code.
(Ord. 1156-03 C-M, eff. May 22, 2003)
14-14.040 Mediation.
Where a complaint has been filed through the code enforcement process, and an inspection has confirmed that a housekeeping unit violates the residential occupancy thresholds established by Chapter 14-45 (Residential Occupancy Standards) of this Title, the property owner and tenant shall be required to participate in neighborhood mediation process defined by the Neighborhood Mediation Manual.
(§ 1, Ord. 1201-06 (CM), eff. October 26, 2006)
14-14.041 Process.
The City Council may from time to time adopt by resolution a Neighborhood Mediation Manual that establishes timing, composition, location, and such other procedures as the Council deems appropriate.
(§ 1, Ord. 1201-06 (CM), eff. October 26, 2006)
14-14.042 Enforcement actions.
Failure to participate in mediation may be considered with other factors in determining whether there has been a violation of District Regulations.
(§ 1, Ord. 1201-06 (CM), eff. October 26, 2006)