Susanville City Zoning Code
CHAPTER 17
116 ADMINISTRATION AND ENFORCEMENT
§ 17.116.010 General plan consistency.
Where any regulations specified in this chapter and any portion of any element of the general plan are inconsistent, the general plan shall prevail.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.116.020 Zone district boundary interpretation.
Where uncertainty exists as to the boundaries of any district shown on the zoning maps, the following rules shall apply:
Where such boundaries are indicated as approximately following street and alley lines, such lines shall be construed to follow the center of the street or alley or along the lot line if the lot line is not also a street boundary;
Where a public street or alley is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned street or alley;
For property described by a district boundary, the locations of such boundaries, unless indicated by boundary dimensions, shall be determined by use of the scale appearing on the map; and
In all other cases where any uncertainty exists, the planning commission shall determine the location of boundaries.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.116.030 Zone district land use interpretation.
Where a proposed land use is not specifically listed by the applicable zone district within which the property proposed for the use is located, the community development director may determine that the use is a permitted use, or the use is permitted if a use permit is first secured, if the following findings are made:
The decision of the community development director may be appealed to the planning commission in accordance with subsection C of Section 17.116.060.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.116.040 Combining uses.
More than one permitted use may be permitted on one lot in any zone district, provided there is no conflict between the uses, and further provided that the applicable zone requirements and city development standards are met. Each use must meet the lot area requirements without using the lot area requirements of another use. For lots for which a use permit has been approved, the only uses allowed are those specifically described by the use permit.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.116.050 Exemption from solar energy and shade control.
Pursuant to California Public Resources Code Section 25985, the city declares itself exempt from the provisions of Chapter 12 (commencing with Section 25980) to Division 15 of the Public Resources Code (Solar Shade Control Act) relating to solar energy and shade control.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)
§ 17.116.060 Administrative enforcement.
General Prohibitions. No person shall use any real property in violation of the regulations of this division that are applicable to the property. The erection, construction, alteration, enlargement, conversion, movement, maintenance, establishment or operation of any building, structure, premises or use contrary to the provisions of this chapter is unlawful and a violation of this code.
Administrative Limitations. All city officers, departments and employees vested with the duty or authority to issue permits, licenses or other entitlement shall do so subject to the requirements of this chapter. No permit, license or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this chapter. Any permit, license or other entitlement issued in conflict with any provision of this chapter is null and void as of the date of issuance or approval.
Enforcement Authority.
The community development director (or designee) is the enforcing officer for the provisions of this chapter;
Any administrative decision of the community development director regarding the interpretation of the provisions of this title or any condition of approval imposed pursuant to this title shall be made in writing whenever requested by any person interested in the interpretation. The written interpretation shall be delivered personally or by mail to that person; and
The director's decision may be appealed to the planning commission within 10 days of the date of delivery or mailing of the decision by filing a written appeal with the community development department. The appeal shall specifically set forth the grounds upon which it is based. The commission shall hear the appeal and the appellant shall be given a reasonable opportunity to be heard and to present evidence at the hearing. The commission shall render its decision in writing to the community development director and shall concurrently mail a copy of its decision to the appellant. A public hearing is not required for any appeal heard under this subsection.
Violations as an Infraction or Misdemeanor.
A violation of any regulatory or prohibitory provision of this title is an infraction, unless any provision of law establishes the violation as a misdemeanor;
A separate offense is committed for each and every transaction, event or occurrence in violation of any regulatory or prohibitory provision of this title. A separate offense is committed for each and every day or part of a day during which any such violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense. Every violation of any regulatory or prohibitory provision of this title is expressly declared to be a public nuisance.
Enforcement Procedure:
Every enforcing officer may use administrative processes, such as notices of noncompliance, warning letters, stop orders or cease and desist orders, in lieu of or prior to enforcing any provision of this code, if the officer determines that the process may result in compliance with this code at less expense to the city; and
Pursuant to Penal Code Section 19d and the provisions of Section 836.5 and Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite any person for violation of this code whenever the officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this code.
Right of Entry. In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries, examinations and surveys do not interfere with the lawful use of the land by those persons lawfully entitled to the possession thereof, and further provided that no entry shall be made where an administrative search warrant is required.
Enforcement Costs. Whenever a judicial action or proceeding is brought to abate or enjoin any violation of this title, the city may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating and prosecuting the violation.
(Ord. 00-866 § 2, 2000; Ord. 06-932 § 1, 2006)