Cotati City Zoning Code
ARTICLE 8
LAND USE CODE ADMINISTRATION
§ 17.80.010 Purpose.
This chapter describes the authority and responsibilities for the administration of this land use code.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.80.020 Planning agency.
With respect to all responsibilities and functions not otherwise assigned or delegated by this land use code, the planning commission shall perform the functions of a planning agency in compliance with Government Code Section 65100.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.80.030 City council.
The city council shall perform the duties assigned by the provisions of this land use code to the council.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.80.040 Planning commission.
The planning commission is appointed and serves in compliance with municipal code Chapter 2.16, and shall perform the duties assigned by the provisions of this land use code to the commission.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.80.050 Design review administration.
The design review administration is selected by the director and serves in compliance with Chapter 2.19, and shall perform the duties assigned therein and by the provisions of this land use code.
(Ord. 885 § 2 Exh; A (part), 2019; Ord. 806 § 2, 2007; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.80.060 Planning director.
A.
Appointment. The planning director shall be appointed by the city manager.
B.
Duties and Authority. The director shall:
1.
Serve as the department head, and manage the day-to-day and long-range functions of the planning department;
2.
Have the responsibility and authority to conduct public hearings and/or approve or deny applications for zoning clearances, sign permits, limited term permits, design review for certain single-family dwellings in compliance with Section 17.62.040 of this title and, minor use permits, and minor variances;
3.
Perform the duties and functions assigned to the director by this land use code; and
4.
Perform any other responsibilities assigned by the city manager.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.80.070 City engineer.
The city engineer shall perform the duties assigned by the provisions of this land use code to the city engineer.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.010 Purpose.
A.
This chapter provides regulations for legal nonconforming land uses, structures, and parcels, that were lawful before the adoption, or amendment of this land use code, but which would be prohibited, regulated, or restricted differently under the current terms of this land use code or an amendment that changed applicable requirements.
B.
It is the intent of this land use code to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.020 Definitions of legal nonconforming conditions.
A.
Nonconforming Parcel. A parcel that was legally created prior to the adoption of this land use code or amendment, but does not comply with the current area, width, depth, or other applicable requirements of this land use code.
B.
Nonconforming Sign. A sign that lawfully existed prior to the effective date of this land use code or amendment, but does not comply with the current sign regulations of this land use code.
C.
Nonconforming Structure. A structure that was legally constructed prior to the adoption or amendment of this land use code, but does not comply with the current setback, height limit, frontage type, off-street parking, and/or other applicable requirements of this land use code.
D.
Nonconforming Use. A use of land and/or within a structure (either conforming or nonconforming) that was legally established and maintained prior to the adoption of this land use code or amendment, but does not conform to current land use code requirements for allowable land uses within the applicable zoning district.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.030 Restrictions on nonconforming uses.
A nonconforming land use may be continued, including transfers of ownership, provided that its continuation shall comply with the requirements of this section.
A.
Limitations on Continuation. A nonconforming land use may be continued, provided that the use shall not be enlarged or increased, nor be extended to occupy a greater area of land or greater floor area within a building than it lawfully occupied before becoming nonconforming.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.040 Restrictions on nonconforming structures.
The use of a nonconforming structure may be continued, including transfers of ownership, provided that continuing use shall comply with the requirements of this section.
A.
Changes to, or Expansion of a Structure.
1.
Nonresidential Structure. A nonconforming, nonresidential structure shall not be enlarged, extended, reconstructed, or relocated, unless the entire building and the use of the building is brought into compliance with all applicable provisions of this land use code.
2.
Dwelling Units. A dwelling unit that does not comply with the current requirements of the applicable zoning district may be enlarged, provided the addition is in compliance with all applicable provisions of this land use code, the number of dwelling units is not increased, and the addition does not otherwise increase the nonconformity of the structure.
B.
Repair and Maintenance. A nonconforming single-family dwelling may be maintained and repaired at the discretion of the owner. A multifamily or nonresidential structure may be maintained and repaired, provided that:
C.
Seismic Retrofitting and Building Code Compliance. Repairs, alterations or reconstruction to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards and the building code.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.050 Residential exemptions.
A.
Multifamily Dwellings. As required by Government Code 65852.25, an involuntarily damaged or destroyed multifamily dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current building and fire code requirements. This exemption does not apply to a multifamily dwelling that is voluntarily damaged or destroyed, the reconstruction of which shall require compliance with all applicable current city requirements.
B.
Single-Family Dwelling. An involuntarily damaged or destroyed single-family dwelling may be reconstructed or replaced only if the restoration complies with current building and fire code requirements, is started within one year, and is diligently pursued to completion.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.060 Loss of nonconforming status.
A.
Termination of Use by Discontinuance.
1.
If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six months or more, all rights to legal nonconforming use status shall terminate, regardless of any permit previously granted by the city for the use.
2.
The director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. The intent of the property owner, occupant, tenant, lessee, or other holder of a property interest in the site is irrelevant.
3.
Any further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this land use code.
B.
Termination of Nonresidential Use and/or Structure by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by Section 17.82.040 of this chapter for dwellings, and except as follows:
1.
If the cost of repairing or replacing the damaged portion of the structure is fifty percent or less of the fair market value of the structure immediately before damage, the structure may be restored to no more than the same size and use, and the use continued, if the restoration is started within one year of the date of damage and is diligently pursued to completion.
2.
A nonconforming structure that is completely destroyed, or more than fifty percent destroyed, shall not be restored except in full compliance with all applicable provisions of this land use code.
The proportion of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its prior condition, to the estimated cost of duplicating the entire structure as it previously existed.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.070 Nonconforming parcel.
A.
Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this land use code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the director by evidence furnished by the applicant:
1.
Legally Created Parcel. The parcel was created in compliance with the Map Act;
2.
Variance. The parcel was approved through the variance procedure; or
3.
Partial Government Acquisition. The parcel was created in compliance with the provisions of this land use code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than twenty percent and the yard facing a public right-of-way was decreased not more than fifty percent.
B.
Subdivision of a Nonconforming Parcel. No subdivision shall be approved that will increase the nonconformity of an existing parcel or any nonconforming use on the parcel.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.82.080 Nonconforming due to lack of planning permit.
A.
Conformity of Uses Requiring Planning Permits. A use that is lawfully existing without the approval of a currently required use permit or minor use permit, is conforming only to the extent that it previously existed; provided that any change in the use (for example, expansion in floor area, changes in hours of operation, or changes to the exterior of the structure, etc.) shall require that a use permit or minor use permit be obtained as currently required.
B.
Previous Planning Permits in Effect. A use that was authorized by a planning permit but is not allowed by this land use code in its current location may continue, but only in compliance with the original planning permit.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.84.010 Purpose.
This chapter establishes procedures for the appeal and review of determinations and decisions of the director or commission.
(Ord. 917 § 4 (Exh. 2), 2022; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.84.020 Appeal subjects and jurisdiction.
A.
Director Decision. A determination or decision by the director or department staff may be appealed to the commission.
B.
Director Decision on Design Review. A decision of the director in relation to the design review process may be appealed to the commission. See Section 17.62.040 (Design review).
C.
Commission Decision. A decision by the commission may be appealed to the council.
(Ord. 917 § 4 (Exh. 2), 2022; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.84.030 Filing of appeals.
A.
Eligibility. An appeal may be filed by:
1.
Any person affected by an administrative determination or action by the director, as described in Section 17.84.020(A);
2.
In the case of a planning permit and/or hearing decision described in Section 17.84.020, by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing or determination.
3.
City council. A member of the council, in their official capacity, may request that the city council appeal an action of the director or commission, if the basis of the request is that the subject action may have significant and material effects on the quality of life in the city of Cotati. The request for a council appeal shall be submitted in writing to the city manager within ten calendar days of the action which is the subject of the request.
a.
If a request for a council appeal of a director or commission action is made by a councilmember, there shall be a presumption applied that the basis for the request is because the subject action may have significant and material effects on the quality of life within the city of Cotati. Notwithstanding subsection B of this section, no other basis shall be stated by the councilmember in a written request submitted in their official capacity.
b.
The city clerk shall schedule consideration of a council member's request for appeal on the next available regularly scheduled council meeting agenda following receipt of the written request.
c.
The council's decision to appeal an action of the director or commission shall require a majority vote of the council.
d.
If the council votes to appeal an action by the director, then the appeal shall be heard by the commission in compliance with provisions of this chapter. If the council votes to appeal an action by the commission, then the appeal shall be heard by the council in compliance with the provisions of this chapter.
B.
Timing and Form of Appeal. Appeals shall be filed with the director, on a city application form, within ten calendar days after the date of the decision or action being appealed. The appeal shall include the required filing fee. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.
C.
Scope of Planning Permit Appeals. An appeal of a decision by the director or commission on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.
D.
Action Being Appealed Suspended. Pending a decision on an appeal in compliance with this land use code, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.
E.
Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or city approvals concurrently granted for a single project (for example, the approval of a use permit is appealed on a project for which a negative declaration was approved at the same time), all concurrently granted city permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this chapter.
(Ord. 917 § 4 (Exh. 2), 2022; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.84.040 Processing of appeals.
A.
Scheduling of Hearing. After an appeal has been received in compliance with Section 17.84.030, the director shall schedule the matter for a commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.
B.
Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.
C.
Joining an Appeal. Only persons who file an appeal within the ten-day appeal period in compliance with Section 17.84.030 shall be considered appellants of the matter under appeal.
D.
Withdrawal of Appeal. Once filed, an appellant may withdraw an appeal only within the ten-day appeal period established by Section 17.84.030(B).
E.
Findings and Decision.
1.
General Procedure. The appeal body shall conduct a public hearing in compliance with Chapter 17.88 (Public Hearings).
a.
Scope of Review. When reviewing an appeal the review authority may consider any issue associated with the project for which a decision is being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the entitlement or decision being appealed.
b.
New Evidence. If new or different evidence is presented during the appeal hearing, the commission or council may refer the matter back to the director or commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.
c.
Decision. After a public hearing, the appeal body may:
i.
Approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and
ii.
Adopt additional conditions of approval deemed reasonable and necessary; or
iii.
Disapprove the planning permit approved by the previous review authority, even if the appeal only requested modification or elimination of one or more conditions of approval.
2.
Appeals to the Council. A decision by the commission may be appealed to the council as provided by Section 17.84.030 (Filing of appeals).
a.
Authority of Council. The council shall have the authority to approve, modify, or disapprove the action appealed from, either in whole or in part, based on the record on appeal and the evidence received at the hearing on the appeal. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed.
b.
Referral. The council may refer any appeal to the commission for a report and recommendation, or for further proceedings. In this event, if the commission changes its decision, and the appeal is thereafter returned to the council, the appeal shall be deemed to be from the decision of the commission as modified.
c.
Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.
F.
Effective Date of Appeal Decision. A decision by the commission on an appeal is effective on the eleventh day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision.
(Ord. 917 § 4 (Exh. 2), 2022; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.88.010 Purpose.
This chapter provides procedures for the public hearings required by this land use code. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.88.020 Notice of hearing.
The public shall be provided advance notice of any hearing required by this land use code in compliance with Government Code Sections 65090, 65091, and/or other state law requirements, as applicable, and as follows:
A.
Contents of Notice. The notice of a public hearing shall include the following information, and any additional information determined by the director to be appropriate:
1.
Hearing Information. The date, time, and place of the hearing, and the name of the hearing body or officer; the phone number and street address of the department, where an interested person may call or visit to obtain additional information;
2.
Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property, if any, that is the subject of the hearing;
3.
Statement on Environmental Document. If a draft negative declaration or environmental impact report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the hearing notice shall include a statement that the review authority will also consider approval of the draft negative declaration or certification of the final environmental impact report.
B.
Method of Notice Distribution. Notice of a public hearing required by this land use code for a planning permit, amendment, or appeal shall be given as follows, as required by state law (Government Code Sections 65090 and 65091).
1.
Publication. Notice shall be published at least once in a newspaper of general circulation in the city at least ten days before the date of the hearing.
2.
Mailing. Notice shall be mailed or delivered at least ten days before the date of the hearing to the following:
a.
Owners of the Project Site. The owners of the property being considered in the application, or the owner's agent, and the applicant;
b.
Local Agencies. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected, and any adjacent city or county government;
c.
Affected Owners. All owners of real property as shown on the latest county equalized assessment roll, within a radius of five hundred feet from the exterior boundaries of the parcel that is the subject of the hearing; and
d.
Persons Requesting Notice. Any person who has filed a written request for notice with the director and has paid the required fee for the notice.
3.
Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsections (B)(2)(a) through (B)(2)(c) of this section is more than one thousand, the director may choose to provide alternative notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the date of the hearing, in compliance with Government Code Section 65091(a)(3).
4.
Project Sign. If the proposed project requires a preapplication neighborhood meeting in compliance with Section 17.60.040(B), a project sign shall be required. The applicant shall install a project sign of four feet tall by eight feet long on the subject property in a place conspicuous to the public, at least ten days before the date of the public hearing. The sign shall include the date, time, and location of the hearing; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and a description of the proposed project.
5.
Additional Notice. In addition to the types of notice required above, the director may provide any additional notice with content or using a distribution method as the director determines is necessary or desirable.
(Ord. 915 § 15, 2022; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.88.030 Scheduling of hearing.
After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a department staff report, a matter requiring a hearing shall be scheduled on the next available agenda of the applicable review authority reserved for public hearings, but no sooner than any minimum time period established by state law.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.88.040 Hearing procedure.
A.
Conduct of Hearing. Each hearing shall be conducted in compliance with rules of procedure adopted by the council for the applicable review authority.
B.
Continued Hearing. A hearing may be continued. Continuance may occur without further public notice if the hearing body announces the date, time, and place to which the hearing will be continued prior to the adjournment or recess of the hearing. Public notice of the continued hearing shall be provided in compliance with this chapter if the review authority continues the hearing to a date uncertain. For any matter being considered at a hearing in compliance with this land use code, a hearing body may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.88.050 Notice of decision.
Following a hearing, the city shall mail a notice of the decision and any findings and conditions of approval to the applicant at the address shown upon the application.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.010 Purpose.
This chapter establishes procedures for city responses to violations of the requirements of this land use code and any conditions of planning permit or subdivision approval, to promote the city's planning efforts, and for the protection of the public health, safety, and welfare. Such violations shall be subject to the remedies and penalties identified in this chapter or Chapter 1.28.
(Ord. 886 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.020 Permits and licenses.
Each department, official, and employee of the city who is assigned the authority or duty to issue permits or licenses shall comply with all applicable provisions of this land use code.
A.
Permits in Conflict with Land Use Code. No permit shall be issued by the city for a use or structure in conflict with the provisions of this land use code.
B.
Permits Deemed Void. Any permit issued in conflict with the provisions of this land use code shall be deemed void.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.030 Authority for enforcement.
§ 17.89.040 Violations.
A.
Public Nuisance. Except as otherwise provided by this chapter, the following are declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties identified in this chapter, or Chapter 1.20 or 1.30, at the sole discretion of the city:
1.
Any condition declared by a statute of the state of California or ordinance of the city to be a nuisance;
2.
Any public nuisance known at common law or equity;
3.
Any condition dangerous to human life, unsafe, or detrimental to the public health or safety; and
4.
Any structure or use that is altered, constructed, converted, enlarged, established, erected, maintained, moved, or operated, contrary to the provisions of this land use code or any applicable condition of approval imposed on a permit.
B.
Criminal Violation. Any person, whether an agent, principal, or otherwise, violating or causing the violation of any provision of this land use code or any permit issued in compliance with this land use code shall be guilty of a misdemeanor or an infraction at the election of the city and/or its prosecuting official and, upon conviction thereof, shall be punishable by the applicable fine established by the council.
(Ord. 886 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.050 Inspection.
A.
Pre-Approval Inspections. Every applicant seeking a permit or any other action in compliance with this land use code shall allow the city officials handling the application, access to any premises or property which is the subject of the application.
B.
Post Approval Inspections. If the permit or other action in compliance with this land use code is approved, the owner or applicant shall allow appropriate city officials, access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.060 Initial enforcement contact.
This section describes the procedures for initiating enforcement action in cases where the director has determined that a site and/or structure is being used, maintained, or allowed to exist in violation of the provisions of this land use code. These provisions are intended to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this chapter may be avoided.
A.
Notice to Responsible Parties. The director shall provide the record owner of the site and any person in possession or control of the site with a written notice of violation, which shall include the following information:
B.
Time Limit for Correction.
1.
The notice of violation shall state that the violations shall be corrected within thirty days from the date of the notice to avoid further enforcement action by the city, unless the responsible party contacts the director within that time to arrange for a longer period for correction, and the director approves the additional time on the basis of good cause shown by the responsible party.
2.
The director may also require through the notice of violation that the correction occur in less than thirty days if the director determines that the violation constitutes a hazard to public health or safety.
C.
Use of Other Enforcement Procedures. The enforcement procedures of Section 17.89.070 (City remedies for violations) of this chapter, may be employed by the director after or instead of the provisions of this section where the director determines that this section would be ineffective in securing the correction of the violations within a reasonable time.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.070 City remedies for violations.
The city may choose to undertake any one or all of the actions identified in this section to correct and/or abate any nuisance or violation of this land use code, or conditions of permit or subdivision approval.
A.
Remedies are Cumulative. All remedies provided in this chapter for the enforcement of the provisions of this land use code shall be cumulative and not exclusive of any other applicable provisions of city, county, or state law. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of a provision of this land use code, the conviction shall not prevent the city from pursuing any other available remedy to correct the violations.
B.
Stop Work Order. Any construction in violation of this land use code or in violation of any condition imposed on a permit shall be subject to the issuance of a "stop work order." The violation of a stop work order shall constitute a misdemeanor, subject to the penalties described in Chapter 1.20 of this code.
C.
Permit Revocation or Modification. An approved planning permit may be revoked, or conditions of approval or other provisions of a permit or other entitlement may be modified by the city in compliance with this section. The revocation or modification shall be by the review authority that originally approved the permit (e.g., director, commission or council).
1.
Hearings and Notice.
a.
The review authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this land use code.
b.
Ten days before the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted.
c.
Notice shall be deemed delivered two days after being mailed, postage paid, certified and first class, through the United States Postal Service, to the owner as shown on the county's current equalized assessment roll and to the project applicant, if not the owner of the subject property.
2.
Review Authority Action. The review authority may revoke or modify a planning permit after first making one or more of the following findings:
a.
Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings required to grant the original permit can no longer be made;
b.
Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;
c.
One or more conditions of approval have not been completed or have been violated;
d.
Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute;
e.
The use or activity has become a serious threat to public health or safety; or
f.
The use or activity is being operated in a manner that constitutes a public nuisance.
3.
Effect of Revocation. The revocation of a planning permit shall have the effect of terminating the permit and denying the privileges granted by the permit.
D.
Abatement by Civil Action.
1.
A civil action may be brought in the name of the people of the state to enjoin a public nuisance as defined in this chapter by the city attorney, or by the Sonoma County district attorney, or county counsel, and each of those officers shall have concurrent right to bring the action for a public nuisance within the city. The city attorney shall bring the action when directed to do so by the council.
2.
The civil action may be brought at any time, and may be instituted before, in lieu of, after, or in combination with the other actions identified in this section.
3.
In any civil action brought in compliance with this subsection, the court may award reasonable attorneys' fees to the prevailing party in the action, if the city elects, at the initiation of that individual action, to seek recovery of its own attorneys' fees.
E.
Abatement by Proceedings Before Council. The city may pursue abatement in compliance with Section 17.89.110 (Nuisance abatement by proceedings before the council) of this chapter.
F.
Civil Costs and Penalties. Any person who wilfully violates the provisions of this land use code or any permit issued in compliance with this land use code, shall be liable for a civil penalty in compliance with the code enforcement fee schedule for each day that the violation continues to exist.
1.
Costs and Damages. Any person violating any provisions of this land use code or any permit issued in compliance with this land use code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents, and agencies as a direct result of the violations.
2.
Determination of Penalty. In determining the amount of the civil penalty to impose, the court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.
G.
Criminal Actions and Penalties. See Section 17.89.040(B) of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.080 Recovery of costs.
This section establishes procedures for the recovery of administrative costs, including staff and city attorney time expended on the enforcement of the provisions of this land use code. The intent of this section is to recover city administrative costs reasonably related to enforcement.
A.
Record of Costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this land use code, and shall recover the costs from the property owner in compliance with this section. Staff time shall be calculated at the fully burdened hourly rate.
B.
Notice. Upon investigation and a determination that a violation of any of the provisions of this land use code is found to exist, the director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.
C.
Summary of Costs and Notice. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified and first class mail. The summary shall include a notice in a form approved by the city attorney, advising the responsible party of their right to request a hearing in compliance with subsection D of this section.
D.
Request for Hearing on Costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the council on their objections to the proposed costs.
1.
A request for hearing shall be filed with the department within ten days of the service by mail of the department's summary of costs, on a form provided by the department.
2.
Within thirty days of the filing of the request, and on ten days' written notice to the owner, the council shall hold a hearing on the owner's objections, and determine their validity.
3.
In determining the validity of the costs, the council shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.
E.
Liability for Costs.
1.
In the event that no request for hearing is timely filed or, after a hearing the council affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the council.
2.
The costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction, or by tax assessment, or by a lien on the property, at the city's election.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.090 Additional permit processing fees.
Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves any structure without first obtaining any permit required by this land use code, shall pay the additional permit processing fees established by the city fee schedule for the correction of the violations, before being granted a permit for a use or structure on the site.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.100 Reinspection fees.
A.
Amount and Applicability of Reinspection Fee.
1.
A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the municipal code, adopted building code, or state law.
a.
The fee amount shall be established by the city fee schedule.
b.
The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
2.
The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.
B.
Continuation of the Original Case.
1.
If a violation on the site is the same as one for which a notice or letter has been previously issued, and after which the property has been in compliance with this land use code for less than one hundred eighty days, the new violation shall be deemed a continuation of the original case. In this circumstance, each inspection or reinspection, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2.
The reinspection fee is intended to compensate for administrative costs for unnecessary city inspections, and is not a penalty for violating this land use code or the municipal code.
3.
Each reinspection fee imposed shall be separate and apart from any fines or penalties imposed for violation of this land use code or the municipal code, or costs incurred by the city for the abatement of a public nuisance.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.89.110 Nuisance abatement by proceedings before the council.
The director may employ the provisions of this section to secure the abatement of nuisances, as defined by this section.
A.
Notice of Nuisance. Upon the determination by the director that a nuisance exists, a notice of nuisance may be prepared, with copies thereof to be served as provided by Section 17.89.060(A) of this chapter. The notice of nuisance shall include the following information:
1.
A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected;
2.
A description of the condition causing the nuisance. Where the director has determined that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice shall state the repairs or corrective actions that will be required, and shall order that the nuisance be abated within thirty days, or longer period as determined by the director;
3.
An order to complete abatement of the nuisance within thirty days;
4.
A statement that if the nuisance is not corrected as specified, a hearing will be held before the council to consider whether to order abatement of the nuisance and levy a special assessment, which may be collected at the same time and in the same manner as is provided for the collection of ordinary taxes in compliance with Government Code Section 25845. Special assessments are subject to the same penalties, interest, and procedures of foreclosure and sale in the case of delinquency, as is provided for ordinary taxes;
5.
A statement that the city intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by this section;
6.
Where the director has determined that the condition causing the nuisance is imminently dangerous to life or limb, or to public health or safety, the notice may include an order that the affected property, building or structure be vacated within a time limit determined by the director, pending correction or abatement of the conditions causing the nuisance.
B.
Notice of Nuisance Abatement. If, upon the expiration of the period specified in the notice of nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within the time specified, the director shall prepare a notice of nuisance abatement, and serve notice as provided by Section 17.89.060(A) of this chapter. The notice of nuisance abatement shall contain:
1.
A heading, "Notice of Nuisance Abatement";
2.
A notice to appear before the council at a stated time and place not less than ten nor more than thirty days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the director; and
C.
Abatement Proceedings. When a notice of nuisance abatement has been prepared and served in compliance with this subsection, nuisance abatement shall proceed as follows:
1.
Hearing. A decision to abate a nuisance shall be at the discretion of the city, after a hearing conducted in compliance with Chapter 17.88 (Public Hearings) of this title.
2.
Order by Review Authority. Upon the conclusion of the hearing, the council may terminate the abatement proceedings or it may order that:
a.
The owner or other affected person shall abate the nuisance, prescribing a reasonable time (not less than thirty days) for completion of abatement;
b.
A request for additional time to complete abatement by a person subject to an abatement order shall be granted only if the affected person guarantees abatement within the time to be granted by submitting a bond or other guarantee; and
c.
In the event abatement is not commenced, conducted and completed in accordance with the terms set by the council, the director is empowered and authorized to abate the nuisance.
3.
Service of Council Order. The order of the council shall be served as provided by Section 17.89.060(A) of this chapter, except that the order need not be posted on the property or recorded.
4.
Commencement of Time Limits. The time limits set by the council for completion of abatement or other required actions shall begin upon service of the notice, unless the order of the council sets specific dates for completion of abatement.
5.
Compliance with Council Order Required. It is unlawful and a violation of this code for any person to fail to comply with the provisions of an order of the council in compliance with this section.
D.
Abatement Penalties and Costs. Upon expiration of the time limits established by subsection (C)(4) of this section, the director shall have the authority to abate the nuisance, and shall carry out the following as appropriate:
1.
Disposal of Materials. Any materials in or constituting any nuisance abated by the director may be disposed of, or if directed by the council where the materials are of substantial value, sold directly by the city in a manner approved by the city attorney, or sold in the same manner as surplus county personal property is sold.
2.
Account of Costs and Receipts and Notice of Assessment. The director will keep an itemized account of the costs of enforcing the provisions of this title, and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the director is to prepare a notice to be served, specifying:
a.
The work done;
b.
An itemized account of the costs and receipts of performing the work;
c.
An address, legal description, or other description sufficient to identify the premises;
d.
The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses;
e.
The time and place where the director will submit the account to the council for confirmation. The time and place specified shall be not less than fifteen days after service of the notice;
f.
A statement that the council will hear and consider objections and protests to the account and proposed assessment or refund.
3.
Hearing on Account and Proposed Assessment. At the time and place fixed in the notice, the council will hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the council may make modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the council as to all matters contained therein is final and conclusive.
4.
Notice of Lien. Upon confirmation of an assessment by the council, the director shall notify the owners by certified mail, return receipt requested, of the amount of the pending lien confirmed by the council, and advise them that they may pay the account in full within thirty days to the department, to avoid the lien being recorded against the property. If the lien amount is not paid by the date stated in the letter, the director shall prepare and have a notice of lien recorded in the office of the county recorder. The notice shall contain:
a.
A legal description, address and/or other description sufficient to identify the premises;
b.
A description of the proceeding under which the special assessment was made, including the order of the council confirming the assessment;
c.
The amount of the assessment;
d.
A claim of lien upon the described premises.
5.
Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, in compliance with Government Code Section 25845. The lien shall be at a parity with the liens of state and county taxes.
6.
Collection with Ordinary Taxes. After recordation, the notice of lien shall be delivered to the county auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes, and is subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as are provided for ordinary county taxes; all laws applicable to the levy, collection and enforcement of county taxes are made applicable to the assessment.
(Ord. 766 § 2 Exh; A (part), 2004)