Lompoc City Zoning Code
Division VI
Administration
§ 17.604.010 Purpose.
§ 17.604.020 Initiation of an Amendment.
A.
Initiation. An Amendment may be initiated as follows:
1.
Council. An Amendment may be initiated by the Council;
2.
Commission. An Amendment may be initiated by the Commission; or
3.
Property owner. An application from the property owner or authorized agent of the property for which the amendment is sought. If the property is under more than one ownership, all owners or the authorized agents shall join in filing the application.
(Ord. 1670(19) § 11)
§ 17.604.030 Processing Procedure.
A.
Application Filing. An Amendment request shall be filed in compliance with Chapter 17.504 (Application Processing Procedures).
B.
Public Workshops. The Director may require public workshops or other forms of public involvement to obtain community feedback prior to completing staff review and scheduling a public hearing on an Amendment request.
(Ord. 1670(19) § 11; Ord. 1710, 2/6/2024)
§ 17.604.040 Hearing and Recommendation-Planning Commission.
A.
Commission Resolution.
1.
Following the closing of the hearing held in compliance with Chapter 17.608 (Public Hearings and Noticing), the Commission shall adopt a resolution, carried by a majority of the Commission's total membership, setting forth its findings and recommendations on the proposed Amendment based on the findings contained in Section 17.604.060 (Required Findings).
2.
The resolution shall be transmitted to the Council consistent with Subsection 17.608.020.E, unless otherwise provided by law.
B.
Modifications. In making the recommendation to the Council, the Commission may recommend modifications which are consistent with the notice of public hearing. Recommendations for other modifications, such as rezoning a greater area or to apply a different zone must be based upon new hearings in compliance with Chapter 17.608 (Public Hearings and Noticing).
(Ord. 1670(19) § 11)
§ 17.604.050 Hearing and Decision-City Council.
A.
Council Hearing.
1.
Upon receipt of the recommendation of the Commission, the Council shall conduct a public hearing regarding the Amendment in compliance with Chapter 17.608 (Public Hearings and Noticing). The date set for hearing shall be as early as possible after receipt of the Commission resolution described in Section 17.604.040 and shall be not more than 60 days after the filing of the Commission's resolution with the City Clerk.
B.
Council Decision and Reference Back to Commission for Report.
1.
The Council may approve, modify, or deny the Amendment based on the findings contained in Section 17.604.060 (Required Findings).
(Ord. 1670(19) § 11)
§ 17.604.060 Required Findings.
An Amendment may be approved only after all of the following findings are made, as applicable to the type of Amendment.
A.
Mandatory Findings for All Amendments.
1.
The proposed amendment is internally consistent with all other provisions of the General Plan;
2.
The proposed amendment is internally consistent with any applicable specific plan;
3.
The proposed amendment serves the public necessity, convenience and general welfare; and
4.
The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
B.
Additional Finding for Zoning Code Amendments. The proposed amendment is internally consistent with other applicable provisions of the Code.
C.
Additional Findings for Zoning Map Amendments.
1.
The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.);
2.
If located within or adjacent to residential areas, the requested zone change is compatible with the character of the residential neighborhood.
(Ord. 1670(19) § 11; Ord. 1710, 2/6/2024)
§ 17.604.070 Effective Dates.
A.
A Zoning Code or Zoning Map Amendment (adopted by ordinance) shall become effective on the 30th day following the date the ordinance is actually adopted by the Council.
B.
Council action to adopt or amend a General Plan (adopted by resolution) shall become effective on the actual date the decision is rendered by the Council.
(Ord. 1670(19) § 11)
§ 17.608.010 Noticing.
A.
Purpose. This Section specifies permit noticing procedures not otherwise specified in this Code.
B.
Applicability. These procedures apply to permits required by the Code, as identified in Table 17.608.010.A (Noticing). Additional noticing requirements may be specified in Division 5 (Land Use and Development Permit Procedures), and specific requirements for public hearing notices are identified in Section 17.608.020.C (Notice of Hearing).
C.
Relationship to Notices of Public Hearings. A notice required by this Section may also serve as a notice of public hearing if the notice complies with the requirements of Section 17.608.020.C (Notice of Hearing).
Table 17.608.010.A: Noticing | ||
|---|---|---|
Permit/Type of Action | Code Chapter/ Section | Notice Required?1,2 |
Amendments | ||
Zoning Code Amendment | 17.604 | Yes |
Zoning Map Amendment | 17.604 | Yes |
General Plan Amendment | 17.604 | Yes |
Planning Permits and Approvals | ||
Administrative Use Permit | 17.508 | No |
Architectural Design and Site Development Review, Minor | 17.512 | No |
Architectural Design and Site Development Review, Major | 17.512 | Yes |
Certificate of Appropriateness | 17.516 | Yes3 |
Removal of Property or Structure from Cultural Resource Study | 17.516 | Yes |
Conditional Use Permit | 17.520 | Yes |
Development Agreement | 17.524 | Yes |
Minor Modification | 17.528 | No |
Minor Use Permit | 17.520 | Yes4 |
Planned Development, Preliminary Development Plan | 17.532 | Yes |
Reasonable Accommodation | 17.536 | No |
Sign Permit | 17.540 | No |
Sign Program | 17.540 | No |
Temporary Use Permit | 17.544 | No |
Variance | 17.548 | Yes |
Other Actions | ||
Appeal to Commission | See 17.612.030 | |
Appeal to Council | See 17.612.030 | |
Designation of Landmark | 17.616.040 | Yes |
Notes: | |
|---|---|
1 | Noticing may be required for a permit or action that does not otherwise require noticing if the Director finds that a decision is beyond his or her purview of authority and when unique or special circumstances exist, or when the required environmental review (Section 17.504.070) necessitates a higher review authority. |
2 | Any application for a permit for the landfill shall require public notice be given to all property owners within 1,000 feet of the landfill boundary. |
3 | See Section 17.516.040.B for additional noticing requirements. |
4 | See Section 17.520.040.A for additional noticing requirements. |
D.
Additional Notice. In addition to the types of notice required by Government Code § 65090 et seq., the Director may provide any additional notice with content or using a distribution method (e.g., posting on the City's website) as the Director determines is necessary or desirable.
E.
Failure to Receive Notice. Failure of any party to receive a notice shall not invalidate the proceedings.
(Ord. 1670(19) § 11; Ord. 1705(23) § 4)
§ 17.608.020 Public Hearings.
A.
Public Hearing Required. When a public hearing is required by this Code, public notice shall be given, and the hearing shall be conducted as provided by this Section.
B.
Scheduling of Hearing. After an application is deemed complete, any environmental document required by CEQA is complete, and a Department staff report has been prepared, a matter requiring a public hearing shall be scheduled on an agenda (Commission or Council, as applicable) reserved for public hearings, but no sooner than any minimum time period established by State law.
C.
Notice of Hearing.
1.
A public hearing notice shall include, at minimum, the following information:
a.
The date, time, and place of the hearing and the name of the review authority;
b.
A general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing;
c.
If a proposed Negative Declaration or Environmental Impact Report (EIR) has been prepared for the project in compliance with CEQA, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the EIR; and
d.
The following statement: "If you challenge this proposed project/action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Lompoc at, or prior to, the public hearing."
2.
In addition to the requirements of this Subsection, noticing for a public hearing shall also comply with Government Code § 65090 et seq., and § 66451.3. In the event of any conflict between the requirements of this Section and State law, the more extensive noting requirements shall apply.
3.
Noticing shall comply with any additional requirements pursuant to CEQA.
D.
Hearing Procedure.
1.
Time and place of hearing. A hearing shall be held at the date, time, and place for which notice was given.
2.
Continued hearing. Any hearing may be continued from time to time without further notice; provided, the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
3.
Deferral of final decision. The review authority may announce a tentative decision and defer their action on a final decision until appropriate findings or conditions have been prepared.
E.
Recommendation by Commission. At the conclusion of any public hearing on a project that requires Council approval, the Commission shall forward a recommendation, including all required findings, to the Council for final action, unless otherwise provided by law.
(Ord. 1670(19) § 11)
§ 17.608.030 Decision.
A.
The review authority may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing or defer action and continue the matter to later meeting agenda in compliance with Section 17.608.020.D.
B.
In the event that the Commission is unable to reach a majority decision, as evidenced by a tie vote, the applicant shall have the option of continuing the public hearing until such time as a majority vote can be obtained or consider the application denied.
C.
For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision of the Council on any matter shall be final and conclusive.
D.
The decision shall contain applicable findings of the Commission or Council, any conditions of approval, reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the City, and the procedure for appeal. Within seven days after the date of the decision, a final resolution or ordinance and any conditions of approval, and an affidavit or certificate of mailing, shall be mailed to the applicant and any persons filing a written request for notice of the decision.
E.
Decisions shall be effective as specified in Section 17.552.020 (Effective Dates of Permits).
(Ord. 1670(19) § 11)
§ 17.612.010 Purpose.
This Chapter establishes procedures for appeals of determinations and decisions rendered by the Department staff, the Director, and the Commission.
(Ord. 1670(19) § 11)
§ 17.612.020 Right to Appeal-Exhaustion of Remedies-Notice.
A.
Appealable Actions.
1.
Any decision or determination of the Director may be appealed to the Commission by the applicant or any interested person adversely affected by the decision or determination, unless a provision of this Title allows for a direct appeal to the Council.
2.
Any decision of the Commission may be appealed to the Council by the applicant or any interested person adversely affected by the decision. Recommendations of the Commission which are required to be forwarded to the Council for its consideration as part of the normal review process are not appealable.
B.
Exhaustion of Remedies. No person may file an appeal until such person has exhausted all other available remedies including filing an appeal with any subordinate City officer, board, commission, or other body.
C.
Notice of Right to Appeal. Any decision or determination that may be appealed under this Title shall be in writing, shall give notice of the right to appeal, and shall clearly state the procedures and timeline for filing an appeal. Failure to give notice of the right to appeal shall not affect the validity of the decision or determination.
(Ord. 1674(20) § 3)
§ 17.612.030 Appeal Procedures.
A.
Filing of Appeal.
1.
The applicant or any other person aggrieved may appeal a decision by filing a written notice of appeal with the City Clerk prior to the time the decision becomes final in compliance with Section 17.552.020 (Effective Dates of Permits), or if the decision is not addressed in Section 17.552.020, or becomes effective immediately, then within ten days after the decision. The date of filing is the date the notice of appeal is received by the City. Upon the expiration of the deadline for filing an appeal, the decision shall become final and shall no longer be appealable.
2.
The appellant shall state specifically in the appeal how the decision is inconsistent with the requirements or purposes of this Code or is otherwise in error.
3.
An appeal shall include payment of the applicable fee, as provided in Section 17.504.040 (Application Fees).
B.
Scheduling Review of Appeal. Following receipt of the filed appeal, the matter shall be placed on the next available review authority agenda. The Planning Division shall prepare a staff report transmitting the appeal.
C.
Notice of Appeal. If the matter originally required a noticing, the City shall give notice in the same manner followed for the original decision in compliance with Chapter 17.608 (Public Hearings and Noticing), provided that notice shall also be provided to the appellant. The notice shall state a brief summary of the decision appealed and a brief summary of the nature of the appeal.
D.
Action on Appeal. In reviewing an appeal, the review authority may consider any issue under this Code related to the decision which is the subject of the appeal, in addition to the specific issues raised in the appeal. The review authority considering an appeal may reverse, affirm wholly or partly, modify, or attach other or additional conditions to the decision appealed from.
E.
Council Action is Final. A decision of the Council on any appeal shall be final on adoption of an order or resolution containing its determination.
(Ord. 1670(19) § 11; Ord. 1674(20) § 4)
§ 17.612.040 Permit Issuance Restriction.
A.
Suspension of Permits on Appeal. Once an appeal is filed, the associated permits and project are not effective, and any action on the associated project is suspended until the appeal is processed and a final decision is rendered by the applicable Review Authority.
B.
Exception. Notwithstanding subsection A of this section, permits that become effective immediately under Section 17.552.020 (Effective Date of Permits) shall remain effective while an appeal of the permit is pending.
(Ord. 1670(19) § 11; Ord. 1674(20) § 5)
§ 17.612.050 Judicial Review.
No person shall seek judicial review of a City decision on a planning permit or other matter in compliance with this Code until all appeals to the Commission and Council have first been exhausted in compliance with this Chapter.
(Ord. 1670(19) § 11)
§ 17.616.010 Purpose and Intent.
The intent of this Chapter is to provide for the preservation of the City's unique character, history, and identity as reflected in its historic and iconic resources. A resource includes, but is not limited to, structures, sites, portions of structures, groups of structures, landscape elements, objects, works of art, signs, or integrated combinations thereof.
(Ord. 1670(19) § 11)
§ 17.616.020 Landmark Designation Criteria.
Resources which may be unusual, significant, or meaningful to the City's history or streetscape may be worthy of special recognition and may be designated as a Landmark in compliance with the provisions of this Chapter if they meet all of the following criteria:
A.
The resource has been in continuous existence at its present location for at least 50 years; or
B.
The resource is associated with historic figures, events, or locations within the City;
C.
The resource is of exemplary technology, craftsmanship, or design for the period in which it was constructed; uses historic materials or means of construction; or is unique in that it demonstrates extraordinary aesthetic quality, creativity, or innovation;
D.
The resource is structurally safe or is capable of being made so without substantially altering its historic character or significance; and
E.
If the resource has been altered, it shall be restorable to its historic function and appearance.
(Ord. 1670(19) § 11)
§ 17.616.030 Landmark Modification.
Any modifications to a Landmark shall comply with the maintenance program approved by the Commission. Modifications should not result in changes to character defining elements and shall match or be compatible with existing material(s), size, and color.
(Ord. 1670(19) § 11)
§ 17.616.040 Process for Landmark Designation.
A.
Initiation of Designation. The Council, Commission, or an owner of affected real property may initiate designation. If the property is under more than one ownership, all owners or their authorized agents shall consent to filling the application. Property owner consent is required for designation of a Landmark.
B.
Filing of Designation Request. An application for designation of a Landmark shall be filed with the Planning Division on the form(s) provided by the Planning Division, together with all required fees or deposits and all information and materials specified by the application submittal list, including, but not limited to, the following:
1.
A description of the characteristics of the resource which justifies its designation;
2.
A description of the particular features of the resource that are proposed to be preserved;
3.
The location of the resource;
4.
The condition of the resource; including current photographs; and
5.
A proposed maintenance program that addresses general maintenance, repair, restoration, and other potential future modifications.
C.
Director's Review. Upon receipt of a complete application, the Director's recommendation shall be transmitted to the Commission in the form of a staff report. A copy of the staff report shall be made available to the public and any applicant prior to the Commission's public hearing. The staff report shall include a recommendation on whether the proposed Landmark designation should be granted, granted with conditions, or denied based on conformance with the required findings.
(Ord. 1670(19) § 11)
§ 17.616.050 Findings.
The Commission shall approve, with or without conditions, a Landmark designation only after the following findings are made:
A.
The proposed Landmark designation is consistent with the General Plan;
B.
The proposed Landmark designation is consistent with any applicable specific plan; and
C.
The proposed Landmark designation is consistent with the criteria established in this Chapter.
(Ord. 1670(19) § 11)
§ 17.616.060 Post-Approval Procedures.
§ 17.616.070 Resubmission-Reconsideration.
If a request for Landmark designation has been denied by the Commission, a subsequent application that is the same or substantially the same may not be submitted or reconsidered for at least one year from the effective date of final action on the original request unless substantial additional data becomes available, in which case the Director may accept a resubmitted application after six months.
(Ord. 1670(19) § 11)
§ 17.616.080 Effect of Designation.
When a resource is designated as a Landmark and all conditions of approvals have been deemed completed or satisfied by the Director, the resource shall not be subject to the provisions of the Lompoc Municipal Code where the Code is in conflict with the preservation of the resource and the approved maintenance program. All permits issued for a Landmark shall be consistent with the maintenance program approved by Commission and any conditions of approval.
(Ord. 1670(19) § 11)
§ 17.620.010 Purpose.
A.
This Chapter provides regulations for nonconforming uses, structures, and parcels, as well as landscaping, parking, and public utilities, that were lawful at the time of their construction or establishment, but which would be prohibited, regulated, or restricted differently under the terms of the current Code.
B.
This Chapter does not regulate nonconforming signs, which are subject to the requirements in Section 17.316.100 (Nonconforming Signs).
C.
It is the intent of this Chapter to encourage reasonable improvements for appearance, maintenance, and safety while limiting the extent to which nonconforming uses and structures may continue to be used, altered, expanded, moved, or replaced. Generally, this Chapter is intended to be administered in a manner that encourages the eventual elimination of nonconformities.
D.
This Chapter is also intended to ensure that nonconformities shall not be reestablished after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Chapter.
E.
Any use or structure established or constructed in violation of the applicable zoning regulations in effect at the time of establishment or construction and which does not conform to the Code, is not a nonconforming use or structure, and is in violation of this Code.
(Ord. 1670(19) § 11)
§ 17.620.020 Proof of Legal Nonconformity.
A.
Property Owner's Responsibility. A property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property is a legal nonconformity as specified in the Chapter. If the City has no building permit on file for a structure or addition, and if the property owner can provide evidence that the structure or addition was built prior to 1965 or the Director determines the structure was built prior to 1965, then the Director will determine, to the best of his or her ability and based on all available evidence, whether the structure was legal at the time of its construction and is therefore a legal nonconforming structure. In making that determination, the Director shall review the Zoning Code in effect at the time of construction, if any, and shall consider input from the Building Official's review of the Building Code in effect at the time of construction, if any.
(Ord. 1670(19) § 11)
§ 17.620.030 Continuation and Maintenance.
A.
Any nonconforming use or structure may be continued, used, and maintained in compliance with this Chapter.
B.
Any nonconforming parcel may be used, developed, and maintained in compliance with this Chapter.
C.
A nonconforming use, structure, and/or parcel may be transferred or sold, provided that no such use or structure shall be enlarged or altered except as otherwise provided in this Chapter.
(Ord. 1670(19) § 11)
§ 17.620.040 Nonconforming Uses.
A nonconforming use may be continued, expanded, or replaced subject to the following standards.
A.
The use shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area of land or building floor area than it legally occupied before it became nonconforming; however, the Director may approve an expansion of up to 25% of the gross floor area if the expansion brings the nonconforming use into more conformity with this Code.
B.
The use shall not be intensified so that the hours of operation are extended, the occupancy capacity is increased, the volume of traffic or noise generated by the use is increased, or a greater amount of parking is required.
C.
The use may be replaced with a conforming use, another similar nonconforming use, or a less intensive use in compliance with this Section; however, the use may not be replaced with a nonconforming residential use.
D.
Nonconforming uses within a multi-tenant commercial or industrial center or complex may be established or replaced by another similar nonconforming use when the Director finds:
1.
That the new nonconforming use is a similar classification to or less intensive than the use previously allowed in the center or complex;
2.
That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and
3.
That the use of the entire center or complex has not been vacant or discontinued for a period of three years or more.
E.
If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
F.
An existing use that is authorized by a previously approved permit or approval (e.g., Conditional or Minor Use Permit, Administrative Use Permit, etc.), but is not allowed by this Code in its current location, may continue to exist in compliance with the original permit approval and shall be deemed nonconforming.
G.
A use lawfully existing without a permit that would require a permit under the current Code (e.g., a Conditional Use Permit was not required when the use was established, and the current Code now requires a Conditional Use Permit for that use), shall be allowed to operate to the extent that it previously operated (e.g., maintains the same site area boundaries, hours of operation, etc.) and shall be deemed nonconforming.
(Ord. 1670(19) § 11)
§ 17.620.050 Nonconforming Structures.
A nonconforming structure may be expanded, enlarged, repaired, and maintained subject to the following standards.
A.
Expansion and Enlargement. Nonconforming structures may be enlarged or extended to occupy a greater area of land or building floor area provided that any expansion or enlargement complies with all applicable requirements of this Code, and does not increase the degree of nonconformity.
B.
Repair, Maintenance, and Additional Improvements.
1.
A nonconforming single-family dwelling or duplex may be maintained, repaired, and improved provided that any work complies with all applicable requirements of this Code and does not increase the degree of nonconformity.
2.
Nonconforming multi-family structures of triplexes or larger and non-residential structures may be maintained, repaired, and improved as follows:
a.
Repairs, maintenance, and additional improvements are allowed up to 50% of the current market value of the structure provided that any work complies with all applicable requirements of this Code and does not increase the degree of nonconformity;
b.
The cost of the work done during any one year shall not exceed 50% of the current market value of the structure unless authorized through an Architectural Design and Site Development Review. In any such authorization, the review authority must find, in addition to otherwise required findings, that the work will be a benefit to the City and the surrounding area (e.g., public health, safety, or environmental benefits); and
C.
Seismic Retrofitting, Building and Fire Code Compliance. Repairs, alterations, or reconstruction to improve seismic safety or necessary to comply with Building Code and Fire Code requirements shall be allowed, provided that the work is exclusively to comply with applicable earthquake safety standards, and the Building Code and Fire Code as determined by the Building Official.
D.
Exceptions for the OTC Zone and H Street Overlay Zone. This Subsection establishes provisions to allow for reinvestment in legal nonconforming structures and associated uses in certain zones to achieve public safety, environmental, economic, or fiscal benefits notwithstanding the longer term goals of the City. Legal nonconforming structures in the OTC Zone or the H Street Overlay Zone may be expanded, enlarged, and improved in a manner that is not entirely consistent with this Chapter if a Conditional Use Permit is approved and the following findings are made by the review authority, the alteration:
1.
Generates at least one of the following benefits to the community: demonstrable economic, fiscal, public health, safety, or environmental benefit;
2.
Does not result in any new unmitigated significant environmental impact, unless a statement of overriding considerations has been adopted;
3.
Does not result in a significant increase in the overall intensity of use beyond the existing use(s);
4.
Does not significantly extend or expand the existing developed square footage (i.e., result in an addition of more than 10% of the gross floor area of a structure);
5.
Any expansion or extension of life of any nonconforming use results solely from the improved operational efficiency and is incidental to the primary purpose of improving public health and safety or providing an economic, fiscal, or environmental benefit; and
6.
Will not unreasonably impede implementation of the General Plan over the longer term because one or more of the following apply:
a.
There are significant vacant or underutilized properties in the area available or likely to become available in the near term for development consistent with the General Plan;
b.
The infrastructure necessary to support the long-term development of the area is incomplete; or
c.
The improvements will not significantly impair the ability of market forces to drive the transition to new uses and development opportunities consistent with the General Plan's long-term vision for the area.
E.
Restoration of a Damaged Nonconforming Structure. Damaged nonconforming structures may be restored in compliance with Section 17.620.100.B (Termination by Destruction).
(Ord. 1670(19) § 11)
§ 17.620.060 Nonconforming Parcels.
A.
Existing Substandard Parcels.
1.
No structure shall be erected or enlarged on any substandard parcel if the parcel was acquired from the owner(s) of record of contiguous property or the contiguous owner's transferee.
2.
No structure shall be erected or enlarged on the owner's parcel if the parcel is left substandard due to transfer of a portion of the parcel by the current owner.
B.
Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this Code may be developed if at least one of the following criteria are met, as documented to the satisfaction of the Director with evidence furnished by the applicant:
1.
The parcel was created by a recorded subdivision;
2.
The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
3.
The parcel was approved through a Variance;
4.
The parcel resulted from a lot line adjustment recorded before the effective date of the zoning amendment that made the parcel nonconforming; or
5.
The parcel was created in compliance with the provisions of the Code at the time of the parcel's creation but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size was decreased not more than 20% and the setback facing a public right-of-way was decreased not more than 50%.
C.
Subdivision or Lot Line Adjustment. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.
(Ord. 1670(19) § 11)
§ 17.620.070 Nonconforming Landscaping.
No existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of landscaping and screening prescribed in Chapter 17.312 (Landscaping and Screening Standards), but rather shall retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed through Subsections A and B, below.
A.
Expansion of Structure. For additions or enlargements of existing structures or buildings that would increase the amount or type of landscaping or screening required, the additional landscaping or screening shall be required only for such addition or enlargement, and not for the preexisting structure or building.
B.
Change in Use. For any change of use or manner of operation that would increase the amount or type of landscaping or screening required, such additional landscaping and/or screening shall be provided.
(Ord. 1670(19) § 11)
§ 17.620.080 Nonconforming Parking.
A.
Parking. No existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of parking facilities prescribed in Chapter 17.308 (Parking Standards), but rather shall retain conforming status for as long as the use or structure remains unmodified. Implications for modifications are addressed through Subsections 1 and 2, below.
1.
Expansion of structure. For additions or enlargements of existing structures or buildings that would increase the number of parking spaces required, the additional parking shall be required only for the addition or enlargement or new dwelling units, and not for the preexisting structure or building or preexisting dwelling units. However, the review authority may grant a waiver of the parking requirement for the addition, enlargement, or new dwelling units if it is determined that sufficient parking is not available on or near the site, and the project is consistent with the General Plan, otherwise consistent with the Code, and the waiver would not create a negative impact for neighboring properties.
2.
Change in use. For any change of use or manner of operation that would increase the number of parking spaces required, no additional parking shall be required unless the review authority determines that the change in use would require 15% or more parking spaces than currently exist. The number of parking spaces required for the change of use shall be the difference between the number required by Chapter 17.308 (Parking Standards) and 115% of the number of spaces that currently exist.
B.
Driveways. Nonconforming residential and commercial driveways may continue to be maintained and repaired until such a time that the driveway is reconstructed, fully or partially realigned, modified dimensionally, connected to a new structure, or a change is made to any structure on the parcel that would require that the structure be brought into compliance with current Code standards.
(Ord. 1670(19) § 11)
§ 17.620.090 Exemptions.
A.
Historic Structures and Landmarks. A nonconforming historic structure or designated Landmark may be restored to its original condition or to a more conforming condition with the approval of a Certificate of Appropriateness in compliance with Chapter 17.516 (Certificate of Appropriateness). A nonconforming historic structure or Landmark may be altered or enlarged, without conforming to the applicable development standards, provided:
1.
The historic structure or Landmark is designated by the City as a historic site or structure as listed in the General Plan;
2.
The historic structure or Landmark is designated as a California State Historic Landmark or National Register Site; or
3.
The historic structure or Landmark is designated as a Landmark consistent with Chapter 17.616 (Designation of Landmarks); and
4.
The alteration and/or expansion of the nonconformity:
a.
Is a continuation of the existing historic structure's nonconforming encroachment(s), and does not increase the amount of the structure that encroaches into any setback,
b.
Is limited to the existing height allowed in the zone,
c.
Is desirable in order to provide architectural consistency with the remainder of the structure,
d.
Has no adverse visual or privacy impacts on neighbors or the general public; and
B.
Nonconforming Residential Structures.
1.
Nonconforming residential structures that have been involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and square footage) provided:
a.
The applicant provides sufficient documentation supporting the claim that the damage or destruction occurred involuntarily;
b.
There is no expansion of the gross floor area or number of dwelling units;
c.
The replacement structure complies with the Building Code, and will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure(s); and
d.
A Building Permit is issued no later than one year after the date of destruction, and construction is diligently pursued to completion.
2.
If the preceding requirements are not met, the replacement structure(s) shall comply with all of the regulations of the applicable zone in effect on the date of application for a Building Permit as described in Section 17.620.100.B.1.c (Residential uses).
C.
Nonconforming Upon Annexation. Nonconforming uses, structures, and/or physical improvements which lawfully exist on the date the property is annexed to the City, and which do not conform to this Code and any other relevant City document, may continue to exist and, upon annexation, shall be deemed nonconforming and subject to the provisions of this Chapter.
D.
Old Town Commercial Registries. Lots listed in the City's registries for previously existing drive-throughs or automobile sales, rental, or repair uses are not subject to Section 17.620.040 (Nonconforming Uses).
(Ord. 1670(19) § 11)
§ 17.620.100 Loss of Nonconforming Status.
A.
Termination by Discontinuance.
1.
If a nonconforming use of land, a nonconforming use of a conforming structure, a conforming use of a nonconforming structure, or use of nonconforming physical improvements is discontinued for a continuous period of three years or more, all rights to legal nonconforming status shall be terminated.
2.
The Director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structure, or other components of the nonconformity, disconnected or discontinued utilities, or no business receipts or records to document continued operation. The three year period shall not apply if:
a.
The Director determines that legitimate and continual efforts to reuse the subject site have been made during the three-year period; or
b.
The Director grants an Administrative Use Permit to allow an extension of the three-year period if the Director finds that circumstances of a significant or unusual nature prevent or have prevented the timely reestablishment of the use or structure. The applicant shall file an application for the Administrative Use Permit for the extension request in compliance with Chapter 17.504 (Application Processing Procedures) and Chapter 17.508 (Administrative Use Permit) and prior to the expiration of the three-year period.
3.
Without further action by the City, any further use of the land, structure, or physical improvements shall comply with all the standards of the applicable zone, all other applicable provisions of this Code, and any other applicable adopted City document, permit, or approval.
B.
Termination by Destruction.
1.
Nonconforming status will terminate if a nonconforming structure, conforming structure occupied by a nonconforming use, or nonconforming physical improvements are involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, except as follows:
a.
Less than 50%. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is 50% of the replacement value or less, the structure or physical improvements may be restored to the same size, and the use continued as before, provided that permits have been obtained and the restoration work is started with-in 180 days of the date of the damage.
b.
Greater than 50%. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is greater than 50% of the replacement value immediately prior to the involuntary damage, neither the structure nor the physical improvement shall be reconstructed, repaired, or restored, except in conformity with the requirements of this Code.
c.
Residential uses. Nonconforming residential uses in any zone may be reinstated when the structure in which they were located has been destroyed, provided that a Building Permit is issued no later than two years after the date of destruction, construction is diligently pursued to completion, and the new structure meets the development standards for the zone in which it is located, unless exempt from current Code standards consistent with this Subsection. The City may only prohibit the reconstruction of a multi-family structure if the findings required by Government Code § 65852.25 are made.
d.
H Street Overlay Zone. A nonconforming structure in the HSO that has been destroyed may be rebuilt as it existed prior to destruction provided the structure complies with current Building and Fire Code requirements.
2.
Nonconforming status will terminate if a nonconforming structure, conforming structure occupied by a nonconforming use, or nonconforming physical improvements are voluntarily damaged or destroyed or required by law to be razed.
(Ord. 1670(19) § 11)
§ 17.624.010 Purpose.
This Chapter establishes provisions for enforcement of this Code and any conditions of a permit or approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City. This Chapter puts all persons on notice of the proceedings and penalties involved if any provision of this Code is violated. Penalties are established in LMC Section 1.24.010 (General Penalty—Continuing Violation).
(Ord. 1670(19) § 11)
§ 17.624.020 Permits and Approvals.
All City departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, permits, or licenses shall comply with the provisions of this Code and shall not issue a license or permit for purposes, structures, or uses which would conflict with the provisions of this Code.
(Ord. 1670(19) § 11)
§ 17.624.030 Responsibility.
A.
Responsibility of Director. The Director shall exercise the authority provided in the California Penal Code, and issue Notices of Violation, Stop Work Orders, and citations for any violations of this Title pertaining to the use of any land, and the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure. Any designee of the Director shall have the same authority as the Director.
B.
Police Chief and City Attorney Responsibility. The Police Chief and City Attorney shall render any and all necessary assistance to the Director for the enforcement of this Code.
(Ord. 1670(19) § 11)
§ 17.624.040 Inspection.
A.
Access. City officials responsible for enforcement or administration of this Code or their duly authorized representatives may, upon the presentation of proper credentials to the occupant or owner, and with the occupant's or owner's consent or an inspection warrant, enter any premises or property at any reasonable time for the purpose of investigating and inspecting the premises or property in order to determine compliance with this Code.
B.
Failure to Allow Inspection. If admission or entry is refused, the City employee or official may apply to the District Attorney or City Attorney to obtain an inspection warrant.
(Ord. 1670(19) § 11)
§ 17.624.050 Remedies.
A.
The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisance(s) or violation(s) of this Code.
1.
Injunction. The City Attorney may seek injunctive relief in Superior Court to abate any violation of this Code. Injunctive relief may be sought at any time, including prior to the issuance or compliance with the Notice to Comply if, in the opinion of the Director, an alleged violation of this Code may be injurious to the public health or safety.
2.
Abatement. The District Attorney or City Attorney shall commence action or proceedings for the abatement and removal of a public nuisance in the manner provided by law and in compliance with Chapter 17.628 (Property Nuisances). The District Attorney or City Attorney shall take such other steps necessary and apply to the court(s) with jurisdiction to grant relief to abate and remove any public nuisance arising under this Code or any other applicable State law or regulation.
B.
All remedies contained in this Code for the handling of violations or enforcement of the provisions of this Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.
C.
Should a person be convicted for the violation of the provision(s) of this Code or any permit or approval issued in compliance with this Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).
(Ord. 1670(19) § 11)
§ 17.624.060 Recovery of Costs.
A.
This Section establishes procedures for the recovery of administrative costs, including City staff and City Attorney time expended on the enforcement of the provisions of this Code in cases where no permit is required in order to correct a violation. The intent of this Section is to recover City administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure § 1033.5 and this Section. Procedures for the recovery of costs to abate a nuisance are described in Chapter 17.628 (Property Nuisances).
B.
Record of Costs.
1.
The Department shall maintain records of all administrative costs incurred by responsible City departments associated with the processing of violations and enforcement of this Code, and shall recover the costs from the property owner, tenant, and/or occupant, as appropriate, in compliance with this Section.
2.
Staff and City Attorney time shall be calculated at an hourly rate as established and revised from time to time by the Council.
C.
Notice.
1.
Upon investigation and a determination that a violation(s) of any of the provisions of this Code, or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the owner of record and person having possession, occupancy, or control of the property by certified mail, of the existence of the violation(s), the Department's intent to seek full reimbursement from all responsible parties for all administrative costs, including attorney's fees, associated with enforcement, and that the owner or person will have a right to request a hearing on any objections to such costs after they are incurred.
2.
The notice shall be in a form approved by the City Attorney and the notice shall be posted on the parcel or lot where the violation is located, in addition to any other notice requirements provided in this Code.
D.
Summary of Costs and Notice.
1.
At the conclusion of the case, the Director shall send a summary of costs associated with enforcement action (including any delinquent citation fees) to the owner and/or person having possession or control of the parcel or lot by certified mail.
2.
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 on the charges for City cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the hearing will be deemed to have been waived, and the responsible party will be liable for the charges.
3.
In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the responsible party shall be liable to the City in the amount stated in the summary or any lesser amount as determined by the Director.
4.
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 a lien on the property in compliance with any applicable law including Government Code § 54988, at the City's election.
5.
The obligation to pay any unpaid costs shall be made a personal obligation of the responsible party.
6.
The obligation may be recovered against the responsible party through a civil action initiated by the City or its authorized collection agent, or in any other manner provided for by law.
7.
The City shall be entitled to recover all costs related to the civil action, including the City Attorney's fees.
E.
Attorney's Fees.
1.
In any action or administrative proceeding to abate a nuisance, or to enjoin any nuisance or enjoin any violation of this Code, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney's fees; however, the amount of attorney's fees awarded to a prevailing party shall not exceed the amount of attorney's fees incurred by the City in the action or proceeding.
F.
Request for Hearing on Costs. Any property owner, or other person having possession or control of the subject parcel or lot, who receives a summary of costs shall have the right to a hearing before the Director on his or her objections to the proposed costs.
1.
A request for hearing shall be filed on a form provided by the Department with the Director with-in 10 days of the service by mail of the Director's summary of costs.
2.
Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine their validity.
3.
In determining the validity of costs, the Director shall consider whether the total costs are reasonable in the circumstances of the case. Factors to be considered include:
(Ord. 1670(19) § 11)
§ 17.624.070 Reinspection Fees.
A.
Amount and Applicability of Reinspection Fees.
1.
A reinspection fee shall be imposed on each person who receives a Notice to Comply, notice and order, or letter of correction of any provision of this Code, any permit or approval issued in compliance with this Code, the Municipal Code, adopted Building Code, or State law.
a.
The fee amount shall be established by the Council.
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 violation(s) and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction(s) has been made.
B.
Continuation of the Original Case.
1.
If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Code or the Municipal Code for less than 180 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.
2.
This fee is intended to compensate for administrative costs for unnecessary City inspections, and is not a penalty for violating this Code or the Municipal Code.
3.
Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Code in compliance with Municipal Code Chapters 1.24 (General Penalty and Enforcement) and 1.36 (Administrative Penalties and Citations) or costs incurred by the City for the abatement of a public nuisance, in compliance with Chapter 17.628 (Property Nuisances).
(Ord. 1670(19) § 11)
§ 17.628.010 Maintenance of Property.
A.
It is a public nuisance for a person owning, leasing, occupying, managing, or having the charge of any premises to maintain such premises in a manner resulting in the following conditions:
1.
Buildings which are abandoned, boarded up, partially destroyed, or remain in a state of partial construction.
2.
A building or structure containing dry rot infested with termites or other similar insects, or is in a dilapidated condition.
3.
Broken windows, doors, or other openings, hazardous structural conditions or conditions inviting trespassers and malicious mischief.
4.
Vegetation, including dry grass, dead shrubs, dead trees, and overgrown grass or weeds (e.g., average height greater than one foot above the ground), which by reason of size, manner of growth, and location would create any one or more of the following:
a.
A condition likely to constitute a fire hazard to any building, improvement, or other property, or when dry will in reasonable probability constitute a fire hazard;
b.
A condition likely in the opinion of the City Manager, to likely to harbor rats, vermin, or other similar creatures constituting a health hazard;
c.
A condition which causes appreciable harm or material detriment to the aesthetic and/or property value of surrounding property; or
d.
A danger to public safety and welfare.
5.
Attractive nuisances dangerous to children, including abandoned or broken equipment, unprotected and/or hazardous pools, ponds and excavations, and neglected machinery.
6.
Banners which are torn, tattered, faded, and/or dirty.
7.
Abandoned signs.
9.
Waste on the premises which, by reason of its location, is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the suppression of fire upon the premises or adjacent premises and which is visible from a public property or from neighboring property for a period of time in excess of 10 days.
10.
Abandoned, wrecked, dismantled, or inoperative trailers, campers, boats, and other motor vehicles or parts, which are accumulated or stored as follows:
a.
Trailers, campers, boats, or other motor vehicles, (other than automobiles and motorcycles), or parts, which are accumulated or stored on a surface that is not entirely paved, unless screened in compliance with Section 17.312.040 (Screening).
b.
Abandoned, wrecked, dismantled, or inoperative automobiles, trailers, campers, camper shells, boats, and other motor vehicles, or parts, which are accumulated or stored unless screened in compliance with Sections 17.312.040 (Screening) and 17.308.030.G.
d.
The licensing status of a motor vehicle, trailer, boat, or camper does not determine whether it is abandoned, wrecked, dismantled, or inoperative but the absence of a license is evidence that it is abandoned, wrecked, dismantled or inoperative.
11.
The accumulation of dirt, waste, or debris, in vestibules, doorways, or adjoining sidewalks or walkways.
12.
Land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavation or fill, causes erosion, subsistence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety, or welfare or to adjacent properties.
B.
It is a public nuisance to store, maintain, place, or abandon any personal property (other than motor vehicles) on or in a public right-of-way, private parking lot, park, or other public area, improved or unimproved, except as otherwise permitted by this Municipal Code or other City Ordinance. Abandoned motor vehicles are addressed in LMC Chapter 10.44 (Removal of Abandoned Vehicles).
(Ord. 1670(19) § 11)
§ 17.628.020 Summary Abatement.
A.
The City Manager or designee shall have authority to summarily abate a nuisance that imminently endangers public health or safety. Any such abatement activity is exempt from the notice requirements of this Chapter.
B.
A person responsible for the nuisance condition shall pay the cost of abatement incurred by the City. In the event the nuisance condition is located on private property, then that property shall be subject to an assessment and placement of a lien in compliance with Section 17.628.090.C (Assessment of Costs as a Property Lien).
C.
Any personal property, other than motor vehicles, causing, constituting, or containing a nuisance that imminently endangers public health or safety may be immediately seized and removed by a representative of the City without prior notice to the owner of the personal property. Any costs incurred in salvage, disposal, or storage may be assessed against any responsible person.
1.
Written notice of the seizure and removal of personal property shall be provided using one of the following methods:
a.
By personal service or by regular mail addressed to the person believed to be the owner or otherwise lawfully entitled to possession of the personal property, if known;
b.
By personal service or by regular mail addressed to the owner, occupant or person in charge of the real property adjacent to the location of the personal property at the time of seizure; or
c.
By posting in a visible place on the lot or abutting public right-of-way.
2.
The written notice of the seizure and removal of personal property shall contain a statement of the right of the owner to request a hearing within 10 days after personal service, mailing or posting of the notice. The hearing shall be limited to determination of the property of the seizure and shall be conducted by the City Manager or designee, but not the same person who authorized the summary abatement.
3.
Any personal property removed shall be stored in a safe place by the City for at least 30 days after the removal. If the owner has not claimed and removed the property from that storage area with that time, then the City may dispose of it as appropriate.
(Ord. 1670(19) § 11)
§ 17.628.030 Abatement by Repair, Rehabilitation, Demolition, or Removal.
A.
All or any part of premises found to constitute a public nuisance shall be abated by rehabilitation, demolition, removal or repair, in compliance with the procedures of this Chapter.
B.
The procedures of this Chapter shall not limit or restrict the City from enforcing the LMC or abating public nuisances in any other manner required by law.
(Ord. 1670(19) § 11)
§ 17.628.040 Initial Procedures-Notice and Order.
If the Director determines that any premises is maintained in a way listed in Section 17.628.010, which has not already been abated through prior notification and abatement efforts, the Director may issue a Notice and Order in accordance with this Section to all known responsible parties. The notice and order shall be served on the property owner and all other known responsible parties by mailing a copy by certified mail, postage prepaid, return receipt requested, to the last known address of each such party, or by service in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owners of record of the property, as shown on the last equalized assessment roll or the supplemental roll, whichever is more current, cannot be found after diligent search, the Notice and Order shall also be served by posting a copy on the property in a conspicuous place for a period of 10 days, and publication in a newspaper of general circulation published in Santa Barbara County pursuant to Section 6062 of the California Government Code. The notice and order shall contain:
A.
The street address, assessor's parcel number, and a legal description sufficient for identification of the premises;
B.
A brief description of the nature of the existing condition on the property and the condition that constitutes the nuisance which is to be abated;
C.
A statement advising the owner and/or responsible party that if the nuisance is not completely abated within 15 days or such longer period as deemed appropriate and specified in the Notice, the City may initiate abatement procedures and abate the nuisance by City personnel or private contractors, with responsible parties being liable for all costs incurred to initiate abatement procedures and to abate the nuisance, including, but not limited to, all costs of inspection, investigation, assessment, repair, mitigation, remediation, removal, rehabilitation, security, storage, traffic control, law enforcement protection and other consequential direct and indirect costs relating to such abatement, including all administrative and legal fees and costs. These costs and fees shall be recoverable by the City notwithstanding any subsequent corrective action or abatement of the nuisance by any responsible party taken after the City has initiated abatement procedures, commencing with the service of this Notice and Order; and
D.
A statement advising the owner and any responsible party that the party may appeal the determinations set forth in this Notice and Order to the Council by serving a written request for such an appeal on the City Clerk within 15 days from the date of service of the Notice and Order. Failure of the owner or any responsible party to file an appeal with the Council within the 15-day time period shall constitute a waiver of the party's rights to contest the determinations set forth in the Notice and Order.
(Ord. 1670(19) § 11)
§ 17.628.050 Appeal of Notice and Order-Notice of Hearing to Determine Nuisance.
A.
If an appeal of any portion of a Notice and Order is timely filed with the City Clerk, the City Clerk shall set the matter for a public hearing before the Council within 45 days from receipt of the request for appeal. The public hearing shall be held in compliance with Chapter 17.608 (Public Hearings and Noticing), except that noticing for such hearing shall be conducted as described in this Section.
B.
Notice of Hearing. The public hearing notice shall be titled, "Notice of Hearing to Determine Existence of Public Nuisance and to Abate in Whole or in Part" in letters not less than one inch in height and shall be substantially consistent with the following form:
NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART |
Notice is hereby given that on the _______ day of _______20_____, the City Council of the City of Lompoc adopted a resolution declaring its intent to ascertain whether certain premises situated in the City of Lompoc, State of California, known and designated as ______________, in said City, and more particularly described as Lot No.____________, Tract No.____________ constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair, removal, or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 17.628.010 of the Lompoc Municipal Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, and the rehabilitation repair, removal, or demolition costs including administrative costs, which may include attorneys' fees, will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Failure to pay an assessment may result in the sale of the property after three years by the tax collector for unpaid delinquent assessments. (Reference is hereby made to Resolution No.________, on file with the City Clerk for additional information). |
Said alleged violations consist of the following: ________________ |
Said methods of abatement available are: _____________________ |
All persons having any objection to, or interest in, said matters are hereby notified to attend a meeting of the City Council to be held on ______the day of, ______20______, at the hour of ____, ____.M., in the Council Chambers at City Hall, 100 Civic Center Plaza, Lompoc, when their testimony and evidence will be heard and given due consideration. |
DATED: This________ day of ________, 20___. |
_____________________ City Clerk |
C.
Posting on Premises and Publication. The Notice of Hearing to Determine Existence of Public Nuisance and to Abate in Whole or in Part shall be posted in a conspicuous place near the front entrance of the premises a minimum of 15 days prior to the hearing date. The Notice shall also be published in a newspaper of general circulation in Santa Barbara County pursuant to Section 6062 of the California Government Code.
D.
Serving Notice. The Director, Chief of Police, Code Enforcement Officer, or Chief Building Official shall serve the Notice of Hearing to Determine Existence of Public Nuisance and to Abate in Whole or in Part on the property owner and all other known responsible parties by mailing a copy by certified mail, postage prepaid, return receipt requested, to the last known address of each such party, or by service in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owners of record of the property cannot be found after diligent search, the City shall mail a copy of the Notice by certified mail, return receipt requested to the person(s) at the address(es) listed on the latest real property assessment rolls of the County of Santa Barbara, and such shall be deemed proper service of the notice on the date entered on the return receipt. If the mailed notice is returned marked "unclaimed" or "refused" then service shall nonetheless be considered valid upon receipt of the same by the City. The owner(s) and other responsible parties shall be served a minimum of 15 days prior to the hearing date.
(Ord. 1670(19) § 11)
§ 17.628.060 Hearing and Decision by Council.
A.
After notice provided pursuant to Section 17.628.050 (Appeal of Notice and Order—Notice of Hearing to Determine Nuisance), the Council shall conduct a public hearing on the public nuisance and proposed abatement. Public hearings shall be conducted in compliance with Chapter 17.608 (Public Hearings and Noticing), except that noticing shall be conducted in compliance with Section 17.628.050 (Appeal of Notice and Order; Notice of Hearing to Determine Nuisance).
B.
The Council shall hear and consider all relevant information, evidence, objections or protests, and shall receive testimony from owners, witnesses, City staff, and interested persons relative to the alleged public nuisance and to proposed means for rehabilitation, repair, removal, or demolition of the alleged public nuisance.
C.
At the conclusion of the public hearing, if the Council finds that the public nuisance exists and that there is sufficient cause to rehabilitate, demolish, or repair the nuisance, the Council shall adopt a resolution setting forth its findings and declaring the public nuisance, and order the abatement within a reasonable period of time determined by Council.
D.
A copy of the Council resolution, shall be served upon the owner(s), lessee, occupant, person in charge of the premises, and/or other responsible parties by ordinary first class mail to the address provided by such person at the time of the public hearing, if any, and otherwise, to the address where the nuisance has been determined to exist and shall contain a detailed list of needed corrections and abatement methods, and the time period for abatement designated by the City Council. If no mailing address is so available, such resolution and order shall be posted in a conspicuous place near the front entrance of the premises on which the nuisance has been determined to exist.
(Ord. 1670(19) § 11; Ord. 1679(21) § 11)
§ 17.628.070 Voluntary Abatement.
A.
Any owner, lessee, or person having the authorization of the owner shall have the right to have any such premises rehabilitated or to have the building or structures demolished, removed, or repaired, in compliance with the Council resolution described in Section 17.628.060 (Hearing and Decision by Council) at his or her own expense, provided the needed corrections are completed prior to the expiration of the designated abatement period set forth in the Council resolution.
(Ord. 1670(19) § 11)
§ 17.628.080 Abatement by City.
If no appeal is filed of the Notice and Order served under Section 17.628.040 (Initial Procedure—Notice and Order), or if the nuisance is not completely abated as directed in the Council resolution described in Section 17.628.060 (Hearing and Decision by Council), then the Director is authorized and directed to cause the same to be abated by the City, and the Director or his or her agents (e.g., City staff or private contractors) are expressly authorized to enter upon the premises for such purpose, after obtaining a warrant for such entry and abatement from an appropriate court.
(Ord. 1670(19) § 11)
§ 17.628.090 Recovery of Cost for Abatement.
A.
Record of Cost for Abatement.
1.
The Director shall keep an account of the costs (including attorney's fees and incidental expenses) for abating any public nuisance on each separate lot or parcel where the work is done and shall render an itemized report in writing to the Council showing the cost of abatement and the rehabilitation, demolition, removal, or repair of the premises, buildings, or structures, including the value of any salvaged materials. Incidental expenses shall include the actual and overhead expenses and cost of the City to prepare notices, specifications and contracts, and to inspect the work, and the costs of printing and mailing required.
2.
At least 10 days before the cost report is considered by Council, a copy of the report with a notice of the date and time of the Council meeting shall be posted at the subject premises and mailed to the owner(s) of the premises via certified mail if the owner's identity can be determined from the County Assessor's or Recorder's records.
B.
Council Consideration of Report. The Council shall consider the cost report together with any objections or protests, and shall confirm, confirm in modified form, or reject the report.
C.
Assessment of Costs as a Property Lien.
1.
Special assessment. The total cost of abating such nuisance, as so confirmed by the Council, shall constitute a special assessment against the respective lot or parcel of land where the nuisance occurs, and upon recordation of a Notice of Lien, in the office of the County Recorder, shall constitute a lien on the respective lot or parcel for the amount of such assessment.
a.
After such recordation, such lien may be foreclosed by judicial or other sale in the manner provided by law.
b.
Such Notice of Lien shall be substantially consistent with the following form:
NOTICE OF LIEN (Claim of City of Lompoc) |
Pursuant to the authority vested by the provision of Chapter 17.628 of the Lompoc Municipal Code, the Community Development Director did, on or about the _______day of ______20______, cause the premises hereinafter described to be rehabilitated, or the building or structure on the property hereinafter described to be repaired, removed, or demolished, including administrative costs, which may include attorneys' fees, in order to abate a public nuisance on said real property; and, the City Council of the City of Lompoc did, on the_____day of ______, 20_______, assess the cost of such rehabilitations, repair, removal, or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof, and that said City of Lompoc does hereby claim a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $ _________; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. Failure to pay an assessment may result in the sale of the property after three years by the tax collector for unpaid delinquent assessments. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Lompoc, County of Santa Barbara, State of California, and particularly described as follows: |
(DESCRIPTION) |
DATED: THIS_______DAY OF_________, 20________. |
___________________________________________ Community Development Director of the City of Lompoc, California (ACKNOWLEDGEMENT) |
2.
Collection. The assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure under foreclosure and sale in case of delinquency as provided for ordinary property taxes.
(Ord. 1670(19) § 11)
§ 17.628.100 Alternative Remedies.
This Chapter does not prevent the Council from directing the City Attorney to commence civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings contained in this Chapter.
(Ord. 1670(19) § 11)