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Downey City Zoning Code

CHAPTER 2

ENFORCEMENT, LEGAL PROCEDURES AND PENALTIES

§ 9202 VESTED RIGHTS AND ENCUMBRANCES.

Nothing in this article, or any amendment to this article, shall create, or be construed to create, any vested right in any person or to be or create any encumbrance upon the title of any person in any property affected by this or any amendment to this article.

§ 9204 ENFORCEMENT.

The City Planner and such other persons as may be designated by the City Manager are hereby designated as the enforcing agents of this article. If the enforcing agents find that any of the provisions of this article are being violated, they shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The enforcing agent shall order the discontinuance of illegal uses of land, buildings, or structures; the removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; the discontinuance of any illegal work being done; or shall take any other action authorized by this article to ensure compliance with, or to prevent the violation of, its provisions. All other administrative officials and employees of the City otherwise charged with the enforcement of laws are responsible for enforcing the provisions of this article.

§ 9206 VALIDITY.

Formal rules of evidence or procedure which must be followed in court shall not be applied in zoning matters. No action, inaction, or recommendation regarding any zoning matter by City Staff, Commission, or Council shall be void or invalid, or set aside by any court, on the grounds of the improper admission or rejection of evidence, or by reason of any error, irregularity, informality, neglect, or omission as to any matter pertaining to a petition, application, notice, finding, record, hearing, report, recommendation, or appeal, or any matter of procedure. Unless, after an examination of the entire case, including the evidence, a court shall be of the opinion that the error complained of was prejudicial and that, by reason of such error, the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that an error is prejudicial or that injury was done if an error is shown.

§ 9208 PERMIT PROCEDURES.

(a) 
No building permit, certificate of occupancy, or business license shall be issued for the erection, alteration, or use of any structure, or part thereof, or for the use of any land which is not in accordance with all the provisions of this article. Any permit or license issued contrary to the provisions of this article shall be void and of no effect.
(b) 
Where any use or development exists in violation of this article, the City shall not issue any permit, building permit, certificate of occupancy, or business license unless to remedy such violation. As determined by the City Planner, violations of this article must be satisfactorily remedied to conform to all provisions of this article prior to the issuance of any new permits on said property.
(c) 
Building permits shall be issued on the basis of plans and applications approved by the City Planner authorizing only the use and arrangement set forth in such approved plans and applications, and any other use, arrangement, or construction at variance with that authorized shall be deemed a violation of this article and punishable as provided in this article.
Permit procedures are described in Chapter 8 – Administration.

§ 9210 CERTIFICATES OF OCCUPANCY.

(a) 
For the Use of Buildings and for Structures. No building or structure hereafter erected, moved, enlarged, or altered shall be occupied, used, or changed in use until after a certificate of occupancy has been reviewed by the City Planner and issued by the Building Official. Such certificates shall be applied for coincident with the application for a building permit. Such certificates shall be issued only after such building, enlargement, or alteration has been completed in conformity with the provisions of this article, with approved site plans and required conditions (when these apply), and when the proposed use also conforms to this article and required conditions (when these apply).
(b) 
For the Use of Land. A certificate of occupancy shall be issued before any vacant land is hereafter used or before an existing use of land is changed for other than agricultural purposes provided such use is in conformity with the provisions of this article. The City Planner may require the submittal of site plans for review in accordance with Section 9820 of this article for a requested change in the use of land.
(c) 
Contents of Certificates of Occupancy. Certificates of occupancy shall state that the building or proposed use of a building or land has complied with all laws and ordinances, including the provisions of this article, and with approved site plans and any conditions required by this article relating to the proposed building or use.
(d) 
Records. A record of all certificates of occupancy shall be kept on file in the office of the Building Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.

§ 9212 COMMENCEMENT OF OPERATIONS UNDER PERMITS AND LICENSES.

No permit or license issued by City officials shall be deemed effective until all the applicable provisions of this article, and such special conditions as may have been imposed under the provisions of this article by the Commission and/or Council, have been met and complied with.

§ 9214 PUBLIC NUISANCES.

Any building or structure erected, altered, repaired, or maintained or any use of property contrary to the provisions of this article is hereby declared to be unlawful and a public nuisance. The enforcement office and the City Manager are hereby authorized to cause legal action for an injunction to restrain the continuation of such violations or any other appropriate action or proceeding to enforce these provisions.

§ 9216 INTERPRETATION AND ENFORCEMENT PROCEDURES.

The intent of this article is that all questions of interpretation and enforcement shall be first presented to the City Planner and, after appropriate administrative review, may be presented to the Commission on appeal. A written copy of all interpretations shall be kept in the office of the City Planner.

§ 9218 INSPECTION OF PREMISES.

The City Manager, or his or her duly authorized representatives, may enter any premises at any reasonable hour for investigations or inspections as to whether any portion of such premises, building, or structure is being used in violation of this article. Every person who denies, prevents, or obstructs, or attempts to deny, prevent, or obstruct, such access shall be guilty of a misdemeanor.

§ 9220 REMEDIES.

The conviction and punishment of any person or entity under the provisions of this article shall not relieve such persons or entity from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent their enforced correction or removal. In addition to any fines or legal action taken to remedy prohibited conditions, any person or entity that has established any building, structure, improvement, or use in conflict with this article or without the proper permits shall be required to apply for and obtain the proper permit(s) following the applicable procedures established in Chapter 8 of this article. The applicant shall also be required to pay a penalty processing fee as set by Council Resolution in addition to the established application fee for the required permit(s).