It shall be the duty of the Community Development Director to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.

('65 Code, § 9-3.2101) (Ord. 556, passed - - )

   It shall be the duty of the City Clerk and all officials charged with the issuance of licenses to enforce the provisions of this chapter pertaining to the use of land or buildings for which any license is required by any other law of the city.

('65 Code, § 9-3.2102) (Ord. 556, passed - - )

   It shall be the duty of the Police Chief and all officers charged with the enforcement of the law to enforce the provisions of this chapter.

('65 Code, § 9-3.2103) (Ord. 556, passed - - )

   Any building or structure set up, erected, built, moved, or maintained and/or any use of property contrary to the provisions of this chapter shall be unlawful and a public nuisance. The City Attorney shall, upon order of the Council, immediately commence actions or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure, or use and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or structure or using any property contrary to the provisions of this chapter.

('65 Code, § 9-3.2104) (Ord. 556, passed - - ) Penalty, see § 153.999

   (A)   The purpose of §§ 153.484 through 153.490 is to provide a formal procedure for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the “Acts”) to request reasonable accommodation in the application of the city’s land use regulations and to establish relevant criteria to be used when considering such requests.

   (B)   Sections 153.484 through 153.490 are intended to apply to those persons who are defined as disabled under the Acts.

   (C)   Sections 153.484 through 153.490 are intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in these sections shall be interpreted to require the city to waiver or reduce development or building fees associated with the granting of a reasonable accommodation request.

(Ord. 590-C.S., passed 3-1-11)

   A request for reasonable accommodations may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

(Ord. 590-C.S., passed 3-1-11)

      (1)   The applicant’s name, address, telephone number, and e-mail address;

      (2)   Address of the property for which the request is being made;

      (3)   The current actual use of the property;

      (4)   The basis for the claim that the individual is considered disabled under the Acts;

      (5)   The zoning code provision, regulation, or policy from which reasonable accommodation is being requested;

      (6)   Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

   (B)   If an individual needs assistance in making the request for reasonable accommodation, the Community Development Director will make every effort to provide the assistance necessary to ensure that the process is accessible to the applicant.

   (C)   If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to, a conditional use permit, design review, general plan amendment, zoning change, annexation, and the like), then the applicant shall file the information required by this section together for concurrent review with the application for discretionary approval.

(Ord. 590-C.S., passed 3-1-11)

   (A)   The Community Development Director shall have the authority to consider and act on requests for reasonable accommodation. The Director may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. The determination shall be made in writing. The determination shall be based on the ability to make the required findings as set forth below.

   (B)   Rather than act on a request for reasonable accommodation, the Community Development Director may refer the application to the Planning Commission for consideration. The Planning Commission may approve, conditionally approve, or deny a request. Approvals are subject to the applicant agreeing to comply with all other applicable zoning or building regulations. If the matter is referred to the Planning Commission, notice for a public hearing shall be given as required by § 153.264 of this code. The determination shall be based on the ability to make the required findings as set forth below.

   (C)   Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The determination shall be based on the ability to make the required findings as set forth below.

(Ord. 590-C.S., passed 3-1-11)

   (A)   The following findings must be analyzed, made and adopted before any action is taken to approve, conditionally approve or deny a request for reasonable accommodation, and must be incorporated into the record of the proceeding relating to approval, conditional approval or denial:

      (1)   The housing, which is the subject of the request, will be used by a person with a disability as defined under the Acts:

      (2)   The request for reasonable accommodation is necessary to make specific housing available to a person with a disability as defined under the Acts;

      (3)   The requested reasonable accommodation would not impose an undue financial or administrative burden on the city;

      (4)   The reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning;

      (5)   The impact on surrounding uses does not negatively impact the public health, safety, and welfare;

      (6)   The physical attributes of and any proposed changes to the subject property and structures are necessary and appropriate;

      (7)   There are no alternative reasonable accommodations which may provide an equivalent level of benefit and greater adherence to the Code;

      (8)   The reasonable accommodation would not result in a concentration of uses not otherwise allowed in a residential neighborhood, to the detriment of the residential character of that neighborhood.

(Ord. 590-C.S., passed 3-1-11)

   (A)   In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of or for approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by § 153.488.

   (B)   Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to provide access to the dwelling unit for the current occupants.

   (C)   Any approval or conditional approval of an application under §§ 153.484 through 153.490 may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances.

(Ord. 590-C.S., passed 3-1-11)

   The decision of the Community Development Director or the Planning Commission may be appealed as set forth in § 153.004.

(Ord. 590-C.S., passed 3-1-11)