Carlsbad City Zoning Code
CHAPTER 21
58 VIOLATION-REVOCATION-EXPIRATION
§ 21.58.010 Notice of violation for noncompliance with conditions.
(a)
Failure to comply with the conditions of approval for any discretionary or ministerial permit is unlawful. Whenever the city has knowledge that conditions of approval of any permit or discretionary action issued pursuant to this title have not been complied with, the city shall mail by certified mail a notice of intention to record a notice of violation to the property owner and the permittee. The notice of intention to record a notice of violation shall:
(1)
Describe the conditions of development in detail, naming the permittees and owners of the property;
(2)
Describe the violation (specifying which condition(s) have not been satisfied);
(3)
State that an opportunity will be given to the property owner and/or permittee to present evidence why such notice should not be recorded; and
(4)
Specify a place, time, and date, which is not less than thirty days and not more than sixty days from the date of mailing at which the owner may present evidence to the city.
(b)
If, after the owner and/or permittee has presented evidence, the city determines that there has been no violation, the city shall mail a clearance letter to the owner and permittee.
(c)
If, however, after the owner and/or permittee has presented evidence, the city determines that the owner and/or permittee has in fact not complied with conditions of the subject approval or discretionary action, or if within fifteen days of receipt of a copy of such notice the owner and/or permittee of such real property fails to inform the city of his or her objection to recording the notice of violation, the city shall record the notice of violation with the County Recorder.
(d)
The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property.
(Ord. CS-102 § CVII, 2010)
§ 21.58.020 Revocation of permits or variance.
(a)
The decision-making body who issued a permit pursuant to this title may revoke or modify said permit or variance; except those permits or variances issued by the City Planner, in which case the Planning Commission, may revoke or modify said permit or variance. The revocation hearing shall be noticed consistent with Section 21.54.060, and the revocation shall be based on one or more of the following grounds:
(1)
That the approval was obtained by fraud;
(2)
That the use for which such approval is granted is not being exercised;
(3)
That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;
(4)
That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;
(5)
That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
(Ord. CS-102 § CVII, 2010; Ord. CS-164 § 10, 2011)
§ 21.58.030 Expiration of permits.
Any permit or approval granted pursuant to this title becomes null and void if not exercised within two years of the date of approval; however, permits or approvals which are issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040.
(Ord. CS-102 § CVII, 2010; Ord. CS-178 § CXII, 2012)
§ 21.58.040 Extensions.
(a)
This section shall apply to extensions of time that may be granted to permits or approvals granted pursuant to this title.
(b)
The City Planner may administratively, without a public hearing or notice, extend the time within which the right or privilege granted under a permit or approval is valid, subject to the following:
(1)
Prior to the expiration date of the permit or approval, the applicant shall submit a written request for a time extension, along with payment of the application fee contained in the most recent fee schedule adopted by the City Council.
(2)
Provided the written request for a time extension is timely filed, the permit shall be automatically extended until a decision to approve, conditionally approve or deny the request is rendered; however, if a time extension is granted, it shall be based on the original approval date.
(3)
The City Planner shall extend the permit or approval for an additional two years, if the following findings are made:
(A)
The permit or approval remains consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time the extension is considered.
(B)
Circumstances have not substantially changed since the permit or approval was originally granted.
(C)
The City Planner may grant no more than three, two-year extensions, for a total cumulative time extension of six years; except however, that any permit or approval issued in conjunction with the approval of a tentative map or tentative parcel map shall be extended for the same period of time that a tentative map or tentative parcel map may be extended pursuant to Title 20 of this code.
(D)
All project related permits or approvals, which were granted concurrently, shall be extended to expire concurrently, provided all such permits are extended pursuant to the provisions of this section.
(E)
When granting an extension of a permit or approval, the City Planner may impose new conditions and may revise existing conditions.
(F)
The City Planner shall announce in writing, by letter, his/her decision to grant or deny an extension of a permit or approval. A copy of the letter announcing the City Planner's decision shall be mailed to the applicant and/or the applicant's representative and to any person who has filed a written request to receive such notice.
(Ord. CS-178 § CXIII, 2012)