Newport Beach City Zoning Code
PART 6
Zoning Code Administration
§ 20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning Commission, Hearing Officer, Zoning Administrator, and Community Development Director in the administration of this Zoning Code.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 930, 2023)
§ 20.60.020 City Council.
A.
Duties and Functions. The City Council (referred to in this Zoning Code as the Council) shall perform the duties and functions prescribed in this Zoning Code, which include the following:
1.
Final Review Authority on Legislative Acts. To make final City decisions on legislative acts (e.g., General Plan and amendments, specific plans and amendments, zoning amendments), final maps in compliance with Title 19 (Subdivisions), and other applicable policy or ordinance matters related to the City’s planning process. Additionally, the Council shall be the final review authority on all concurrent applications filed with legislative act applications; and
2.
Appeals. To hear and decide appeals filed from Hearing Officer and Commission decisions in compliance with Chapter 20.64 (Appeals).
B.
Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems necessary to implement the General Plan and this Code’s standards that apply to development and to further the public health, safety, and general welfare of the community.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 931, 2023)
§ 20.60.030 Planning Commission.
A.
Appointment. The Planning Commission (referred to in this Zoning Code as the Commission) shall consist of seven members appointed by the Council in compliance with Article VII of the City Charter.
B.
Duties and Functions. The Commission shall perform the duties and functions prescribed by State law, the City Charter, and this Code, including the following:
1.
Approve, conditionally approve, or deny the applications prescribed by this Zoning Code (e.g., conditional use permits, planned development permits, variances, etc.) and tentative tract maps in compliance with Title 19 (Subdivision Code);
2.
Review the effectiveness and appropriateness of this Zoning Code and recommend amendments or changes to the Council as it deems appropriate;
3.
Provide recommendations to the Council for final decisions on legislative acts (e.g., General Plan and amendments, specific plans and amendments, zoning amendments), and other applicable policy or ordinance matters related to the City’s planning process. Additionally, the Commission shall provide recommendations to the Council on all concurrent applications filed with legislative act applications; and
4.
Hear and decide appeals for all Zoning Administrator decisions and Director determinations in compliance with Chapter 20.64 (Appeals).
C.
Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it deems necessary to implement the General Plan and this Code’s standards that apply to development and to further the public health, safety, and general welfare of the community.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 932, 2023)
§ 20.60.040 Hearing Officer.
A.
Appointment. The Hearing Officer(s) shall be appointed by the Council.
B.
Duties and Functions. The Hearing Officer(s) shall perform the duties and functions prescribed by State law, the City Charter, and this Zoning Code, including the following:
1.
Conditional Use Permits in Residential Zoning Districts. Approve, conditionally approve, or deny applications identified in Table 5-1 (Review Authority) in compliance with Section 20.52.030 (Conditional Use Permits in Residential Zoning Districts).
2.
Nonconforming Uses. Approve, conditionally approve, or deny requests for extensions of time of abatement periods for nonconforming uses located in residential zoning districts in compliance with Section 20.38.100 (Abatement Periods).
3.
Reasonable Accommodations. Approve, conditionally approve, or deny requests for reasonable accommodations in compliance with Section 20.52.070 (Reasonable Accommodations).
C.
Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose conditions deemed necessary to implement the General Plan and this Code’s standards that apply to development and to further the public health, safety, and general welfare of the community.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 933, 2023)
§ 20.60.050 Zoning Administrator.
A.
Appointment. The Director shall appoint a qualified Department staff member to serve as the Zoning Administrator, who shall serve at the discretion of the Director.
B.
Duties and Functions.
1.
The Zoning Administrator shall have the authority to investigate and make decisions on the applications identified in Table 5-1 (Review Authority) in compliance with this Zoning Code and this Code as well as the following:
a.
Condominium conversions involving four or fewer units, through the approval of a tentative parcel map, in compliance with Title 19 (Subdivisions);
b.
Lot line adjustments, in compliance with Title 19 (Subdivisions);
c.
Tentative parcel maps, in compliance with Title 19 (Subdivisions); and
d.
Merger of contiguous lots in compliance with Title 19 (Subdivisions).
2.
The primary role of the Zoning Administrator is to make decisions on applications in compliance with this Zoning Code and Title 19 (Subdivisions).
3.
The above-listed duties and functions shall be performed in compliance with Section 20.50.020 (Authority for Land Use and Zoning Decisions).
C.
Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose conditions it deems necessary to implement the General Plan and this Code’s standards that apply to development and to further the public health, safety, and general welfare of the community.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 934, 2023)
§ 20.60.060 Community Development Director.
A.
Appointment. The Director shall be appointed by the City Manager and shall serve at the discretion of the City Manager.
B.
Duties and Functions. The Director shall:
1.
Have the responsibility to perform all of the functions designated by State law;
2.
Perform the duties and functions prescribed in this Zoning Code. The role of the Director is to manage the Planning Department and make determinations on the matters specified in this Zoning Code as “subject to the determination of the Director.”
3.
Delegate the responsibilities of the Director to Department staff as deemed appropriate.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2023-22 § 935, 2023)
§ 20.62.010 Purpose.
This chapter provides procedures for public hearings required by this Zoning 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. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.62.020 Notice of Public Hearing.
This section provides notice requirements for project applications requiring a public hearing.
A.
Content of Notice. Notice of a public hearing shall include all of the following applicable information.
1.
Hearing Information.
a.
The date, time, and place of the hearing and the name of the review authority;
b.
A brief description of the City’s general procedure concerning the conduct of hearings and decisions (e.g., the public’s right to appear and be heard);
c.
The phone number, street address, and website of the City, where an interested person could call or visit to obtain additional information;
d.
A statement that an interested person or authorized agent may appear and be heard at the public hearing and the procedures for appeal; and
e.
A statement that if a person challenges the subject project in court, that person may be limited to raising only those issues that the person, or someone else speaking on their behalf, raised at the public hearing (described in the notice) or in written correspondence delivered to the City at, or before, the public hearing.
2.
Project Information.
a.
The name of the applicant;
b.
The City’s file number(s) assigned to the application;
c.
A general explanation of the matter to be considered;
d.
A general description, in text and/or by diagram, of the location of the property that is the subject of the hearing; and
e.
If a negative declaration or Environmental Impact Report has been prepared for the project in compliance with the California Environmental Quality Act (CEQA) and the local CEQA guidelines, the hearing notice shall include a statement that the review authority will also consider approval or recommend approval of the negative declaration or certification of the Environmental Impact Report.
B.
Method of Notice Distribution. Notice of a public hearing required by this Zoning Code shall be given as specified below.
1.
Publication. Notice for all matters shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing.
2.
Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to all of the following:
a.
Project Site Owners and Applicant. The owners of the property being considered in the application, or the owners’ agent, and the applicant or the applicant’s agent;
b.
Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
c.
Nearby Property Owners. All owners of property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this section. If the number of property owners to whom notice would be mailed in compliance with this section is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City;
d.
Persons Requesting Notice. A person who has filed a written request for notice with the Director and has paid the required fee for the notice; and
3.
Posting of a Sign and Notice. Notice shall be posted on or close to the subject property in a prominent location at least ten (10) days before the scheduled public hearing in the following manner:
a.
One or more signs shall be posted as determined by the Director.
b.
The size and location of the sign(s) shall be as determined by the Director.
c.
The project applicant shall be responsible for maintaining the sign(s) in a satisfactory condition.
d.
The project applicant shall remove all sign(s) at the end of the appeal period.
4.
Additional Notice. The Director may provide additional notice of the hearing in any other manner deemed necessary.
5.
Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2020-19 §§ 2, 3, 2020)
§ 20.62.030 Hearing Procedure.
A.
Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given.
B.
Continued Hearing. A hearing may be continued without further notice, provided the official or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.
C.
Deferral of Final Decision. The review authority 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. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.62.040 Decision.
A.
Decision.
1.
The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 20.62.030 (Hearing Procedure).
2.
The Director or Zoning Administrator, as applicable, may instead refer the matter to the Commission for a decision.
B.
Effective Date of Decision.
1.
The decision of the applicable review authority is final and effective at the end of the appeal period.
2.
The decision of the Council shall be final on the date the decision is made unless otherwise specified in the adopting ordinance or resolution.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.64.010 Purpose.
The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions of the Director, Zoning Administrator, Hearing Officers, and Commission. Any provision in Title 20 relating to appeals shall be considered a call for review and processed according to this chapter when initiated by a member of the Commission or City Council under Section 20.64.030(A) if the purpose for the call for review is to bring the matter in front of the entire body for review.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-8 § 4 (part), 2015)
§ 20.64.020 Appeals or Calls for Review.
A.
Director. Interpretations or decisions of the Director may be appealed or called for review to the Commission.
B.
Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the Commission.
C.
Hearing Officer. Decisions of a Hearing Officer may be appealed or called for review to the Planning Commission.
D.
Planning Commission. Decisions of the Commission may be appealed or called for review to the City Council.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-8 § 4 (part), 2015)
§ 20.64.030 Filing and Processing of Appeals and Calls for Review.
A.
Eligibility. Appeals may be initiated by any interested party. Calls for review may be initiated by a member of the Commission or City Council, in the member’s official capacity, if the purpose for the call for review is to bring the matter in front of the entire body for review.
B.
Timing and Form of Appeal. An appeal initiated by an interested party shall be submitted in writing and shall state the facts and basis for the appeal. A call for review initiated by a member of the Commission or City Council, in their official capacity, shall be submitted in writing and shall be for the purpose of bringing the matter in front of the entire body for review.
1.
Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by this Code (e.g., Title 19 allows a ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
a.
Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department;
b.
Appeals addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk;
c.
Calls for review addressed to the Commission shall be filed with the Director on forms provided by the Department; and
d.
Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk.
2.
Filing Fee. An appeal shall be accompanied by the filing fee identified in the City’s master fee schedule. A call for review is exempt from the payment of a filing fee under Section 3.36.030, or any successor provision.
C.
Report, Scheduling, Noticing, and Conduct of Hearing.
1.
The decision from which an appeal or a call for review has been made has no force or effect as of the date on which the appeal or call for review is filed. When an appeal or call for review has been filed, the Director shall prepare a report on the matter, including all of the application materials in question, and schedule the matter for a public hearing by the appropriate review authority identified in Section 20.64.020 (Appeals or Calls for Review).
2.
Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).
3.
Conduct of Hearing.
a.
Review of an appeal from a decision of the Hearing Officer, Zoning Administrator, Commission, or the Director, including Director interpretations, shall be de novo.
A call for review of a decision of the Zoning Administrator, Hearing Officer, Commission, or the Director, including Director interpretations, shall be de novo. The body hearing a matter that is called for review shall follow the same procedure applicable to the lower hearing.
b.
The review authority is not bound by the decision that has been appealed or called for review, or limited to the issues raised on appeal or at the lower hearing.
c.
The review authority shall hear testimony of the appellant, if any, the applicant, and any other interested party.
d.
The review authority shall consider the same application, plans, and project-related materials that were the subject of the original decision, unless otherwise deemed relevant by the review authority.
D.
Decision on Appeal or Call for Review.
1.
As provided in this Zoning Code, the review authority may, based upon findings of fact about the particular case:
a.
Affirm, affirm in part, or reverse in whole or in part the action, determination, or decision that is the subject of the appeal or call for review. Adopted findings shall identify the reasons for the action;
b.
Adopt additional conditions of approval to address issues or concerns raised during the hearing; or
c.
Deny the permit approved by the previous review authority, even where the appellant, if any, only requested a change or elimination of one or more conditions of approval.
2.
If new or different evidence is presented on appeal or review, the Commission or City Council may refer the matter to the previous review authority for further consideration.
3.
In the event of a tie vote by the review authority on an appeal or call for review, the lower decision shall stand.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-8 § 4 (part), 2015; Ord. 2023-22 § 936, 2023)
§ 20.64.040 Judicial Review of City Decision.
A person shall not seek judicial review of a City decision on a permit or other matter until all appeals or calls for review, if applicable, to the Commission and City Council have been first exhausted in compliance with this chapter.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-8 § 4 (part), 2015)
§ 20.66.010 Purpose.
This chapter provides procedures for the amendment of this Zoning Code (e.g., text or map).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.66.020 Initiation of Amendment.
An amendment may be initiated in the following manner:
A.
Council. By the Council, with or without a recommendation from the Commission;
B.
Commission. By the Commission; or
C.
Property Owner(s). An amendment to the Zoning Map may also be initiated by the filing of an amendment application with the Department by the owner(s) or authorized agent(s) of property for which the amendment is sought. All owners or their authorized agents shall join in filing the application.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.66.030 Processing, Notice, and Hearing.
A.
If initiated by property owner(s) with the filing of an amendment application:
1.
Process. The application shall be processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).
2.
Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.62 (Public Hearings).
B.
If initiated by the City Council or Commission, notice of the public hearings shall be given as specified below:
1.
Publication. Notice for all matters shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing.
2.
Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to all of the following:
a.
Property Owners. All owners of property located within a three hundred (300) foot radius of the amendment excluding intervening rights-of-way and waterways, of the exterior boundaries of the affected property, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. If the number of property owners to whom notice would be mailed in compliance with this subsection is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City;
b.
Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services as a result of the amendment, whose ability to provide the facilities and services may be significantly affected; and
c.
Persons Requesting Notice. A person who has filed a written request for notice with the Director and has paid the required fee for the notice.
3.
Additional Notice. The Director may choose to provide additional notice of the hearing in any other manner deemed necessary.
4.
Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority.
C.
Hearing.
1.
The applicable review authority shall conduct one or more public hearings regarding the amendment.
2.
The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2020-19 § 4, 2020)
§ 20.66.040 Commission Recommendation.
The Commission shall recommend approval, approval with modifications, or denial of the amendment to the Council.
A.
Action by the Commission.
1.
If approved or approved with changes, the Commission shall make and file a report of its findings and recommendations with the Council.
2.
Failure of the Commission to take action on the proposed amendment shall be deemed to be denial of the proposed amendment by the Commission.
B.
Denial by the Commission. If the proposed amendment is denied by the Commission, no further action shall be taken, unless appealed to the Council in compliance with Chapter 20.64 (Appeals).
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.66.050 Council Decision.
A.
Time of Hearing. The decision of the Council shall be rendered within sixty (60) days after the receipt of a report and recommendation of approval from the Commission or within sixty (60) days after the filing of an appeal of the Commission’s action to deny the amendment.
B.
Notice of Appeal. Notice shall be given to the Commission of the appeal, and the Commission shall submit a report of its findings and recommendations to the Council specifying the reasons for the Commission’s decision.
C.
Council’s Decision. Upon receipt of the Commission’s recommendation, the Council shall conduct a public hearing and either approve, approve in modified form, or deny the proposed amendment.
D.
Referral.
1.
If the Council proposes to adopt a substantial change to the amendment not previously considered by the Commission, the proposed change shall be first referred to the Commission for its recommendation.
2.
Failure of the Commission to take action on the proposed change within forty-five (45) days shall be deemed to be approval of the proposed change by the Commission.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.66.060 Prezoning – Annexations.
A.
Prezoning Required. Before the annexation to the City of any property, the sponsor of an annexation shall file an application for prezoning of the subject property to be annexed and the City shall establish the zoning that will be in effect on the effective date of the annexation.
B.
Same as Zoning Code Amendments. The process for prezoning property to be annexed to the City shall be the same as is specified in this chapter for Zoning Code amendments.
C.
Compliance Required. The zoning shall be in compliance with the General Plan and any applicable specific plan.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.66.070 Effective Dates.
An amendment to this Zoning Code shall become effective thirty (30) days after approval by the City, or as stated in the adopting ordinance.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.68.010 Purpose.
This chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of a planning permit or approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare of the City. However, nothing contained within this chapter shall prohibit the City from taking or initiating any other enforcement actions as provided for by this Code or other applicable law.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.68.020 Permits and Approvals.
A.
Compliance with Zoning Code. All departments, officials, and employees of the City who are assigned the authority or duty to issue approvals or permits shall only do so in compliance with the provisions of this Zoning Code.
B.
Permits Deemed Void. An approval or permit issued in conflict with the provisions of this Zoning Code shall be deemed void.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.68.030 Inspections.
A.
Preapproval Inspections.
1.
Every applicant seeking a permit or any other action in compliance with this Zoning Code shall allow the City officials handling the application access to any premises or property that is the subject of the application.
2.
Denial of access to conduct a preapproval inspection may be independent grounds for denial.
B.
Post-Approval Inspections.
1.
If the permit or other action is approved in compliance with this Zoning Code, the owner or applicant shall allow appropriate City officials access to all nonresidential structures in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
2.
Denial of access to conduct a post-approval inspection may be independent grounds for revocation.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.68.040 Initial Enforcement Action.
This section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code.
A.
Objective of Procedures. It is the objective of these procedures to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this chapter or other applicable law may be avoided.
B.
Procedures Are Not Exclusive. These procedures are not exclusive, and other enforcement procedures may be employed by the Director after or instead of these procedures where the Director determines that this chapter would be ineffective in securing the correction of the violation(s) within a reasonable time.
C.
Notice of Violation. The Director shall provide the record owner of the subject site and any person in possession or control of the site with a written notice of violation that shall include the following information:
1.
A description of each violation and citations of applicable Zoning Code provisions being violated;
2.
A time limit for correcting the violation;
3.
A statement that the City may charge the property owner for all administrative costs associated with the abatement of the violations; and
4.
A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violations.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.68.050 Legal Remedies.
A.
Title 1. The City may choose to undertake any one or all of the following actions to correct and/ or abate any nuisances or violations of this Zoning Code or as provided in the enforcement provisions specified in Title 1 (General Provisions).
B.
Revocations or Changes. Any real property found to be used, maintained, or allowed to exist in violation of any permit(s) or variance(s) approved by the City may subject the permit(s) and/or variance(s) to revocation or change proceedings in compliance with this subsection.
1.
Revocations. The City’s action to revoke a permit or variance shall have the effect of terminating the permit or variance and disapproving the privileges granted by the original approval.
2.
Changes. The City’s action to change or add any conditions attached to a permit or variance instead of revoking it may include any aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be necessary to ensure that the permit or variance is operated or implemented in a manner consistent with the original findings for approval.
3.
Hearings and Notice.
a.
The original review authority for a permit or variance shall hold a public hearing to consider the revocation or change to the permit or variance.
b.
Ten (10) days before the public hearing, notice shall be mailed or delivered in writing to the applicant for the permit or variance being considered for revocation or change, and owner of the property for which the permit or variance was granted. The only exception to the ten (10) day notice provision shall be for limited term permits that, because of their short-term nature, shall only require a 24-hour notice.
4.
Review Authority’s Action. A permit or variance may be revoked or modified by the original review authority, if the review authority first makes any one of the following findings:
a.
The permit or approval was issued in error or circumstances under which the permit or approval was granted have been modified to an extent that one or more of the findings that justified the original approval can no longer be made and the public health, safety, and welfare require the revocation or modifications;
b.
The permit or approval was granted, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval;
c.
One or more of the conditions of the permit or approval have not been substantially fulfilled or have been violated;
d.
An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or
e.
The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.68.060 Additional Permit Fees.
A person who establishes a land use, or alters, constructs, demolishes, enlarges, erects, maintains, or moves any structure without first obtaining a permit or approval required by this Zoning Code, shall pay the additional permit fees established by the City’s master fee schedule for the correction of the violations, before being granted a permit or approval for a use or structure on the site.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
§ 20.68.070 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 this Zoning Code or the Municipal Code, adopted Building Code, or State law.
a.
The fee amount shall be established by the City’s master 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 notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Code, the Municipal Code, or any permit or approval issued in compliance with this Zoning Code for less than one hundred eighty (180) consecutive 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 Zoning Code or the Municipal Code.
3.
The reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code in compliance with Sections 1.04.010 (Violations, Penalties and Enforcement) and 1.05.020 (Authority and Fines), or costs incurred by the City for the abatement of a public nuisance.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)
