The Director shall have the power to interpret the provisions of the Zoning Ordinance when any ambiguity or lack of clarity exists and to make determinations as to whether a proposed use is substantially similar to a Permitted Use and is therefore permitted of right or through obtaining a Conditional Use Permit or Minor Conditional Use Permit, or whether a proposed use is a First Amendment protected use and is therefore permitted as such, pursuant to this title.

The Director shall keep a written record of interpretations made on file in the Department of Public Works. Such record shall briefly describe the interpretation made and the date of the interpretation. The record shall be available for public review during the normal business hours of the Department of Public Works, Water, and Development Services.

The Director shall have the authority to make minor exceptions or adjustments to the standards contained in this title. The exception shall not be granted unless such exceptions are necessary to ensure an equitable and reasonable application of the title. Exceptions shall not result in the reduction of any standard by an amount greater than 10%. Any deviation from a standard which exceeds 10% shall be made only in accord with Chapter 17.68, "Variances," of this title.

Any exception made by the Director in accord with the provisions of this chapter shall be duly recorded in concise language and with accompanying drawings as required. The record shall be filed in the Department of Public Works by property location using a street address or other reasonable system to permit reference to the exception made at any future date.

Following the City Clerk's receipt of a written appeal contesting any action or decision of the Director that has been submitted to the City Clerk within 30 days after the date such action or decision was taken by the Director, the City Clerk shall set the appeal for a public hearing. The public hearing shall be held not less than 10 days nor more than 60 days from the City Clerk's receipt of the appeal. The City Clerk shall give notice of the time and place of the hearing and the purpose thereof in the manner described in Section 17.68.040, "Notice of public hearing." The appellant may appear in person before the City Council or be represented by an attorney, and may introduce evidence to support the claim. The appellant shall cause to be made at his or her own expense any investigation or research required by the City to substantiate the appellant's claim.

This chapter provides for the enforcement of penalties in the case of violation of any of the terms or provisions of this title and of any permit or right or exception granted hereunder. The enforcement rights set forth herein are in addition to those provisions of the Code that also specifically set forth the City's rights of enforcement and remedies available to the City. All of the provisions of the title of the Code setting forth enforcement rights and remedies shall apply to any violation of any of the terms or provisions of this title and of any permit or right or exception granted hereunder.

It is unlawful for any person to violate any term or provision of this title or any part hereof or any permit, license, or exception granted hereunder, or to fail to comply with any order or regulation made hereunder. Whenever a violation occurs, the violation shall include not only the act or omission constituting the violation, but it shall also include causing, allowing, permitting, aiding, abetting, suffering, withholding, or concealing the fact of such act or omission, or destroying or tampering the evidence associated with the act or omission. The provisions of this title and all permits and rights granted hereunder shall apply to any person, whether or not the person was the original owner of the property or applicant for the permit, right, exception, or approval, and whether the person is the owner, lessee, licensee, agent, or employee, if the person has notice of the terms and conditions of the permit or approval.

The City may enforce violations as a criminal (infraction or misdemeanor), civil, or administrative action, or any combination thereof. Any person who violates any term or provision of this title or any part hereof or any permit, license, or exception granted hereunder, or who fails to comply with any order or regulation made hereunder is guilty of a misdemeanor; provided, however, that in the sole discretion of the City Attorney's office, a violation may be prosecuted as an infraction where the City Attorney's office has determined that such action would be in the best interest of justice. The City Attorney may specify in the citation, accusatory pleading, or by amendment during the prosecutorial process that the matter will be prosecuted as an infraction. Any person who has violated any term or provision of this title or any part hereof or any permit, license, or exception granted hereunder, or has failed to comply with any order or regulation made hereunder shall be subject to the criminal, civil, and administrative penalties set forth in the Code and otherwise provided by law.

A person is guilty of a separate offense for each and every day, or any portion thereof, during which there is any violation or failure to comply as described in this chapter that is committed, continued, permitted, or allowed by such person.

Any permit, certificate, or license issued in conflict with the provisions of this title shall be void.

In addition to the penalties herein provided, any condition caused, or permitted to exist, in violation of any of the provisions of this title or any part hereof or of any permit, license, or exception granted hereunder, or in violation of any order or regulation made hereunder is hereby declared to be unlawful and a public nuisance, and may be summarily abated as such by this City, and shall further be subject to injunctive relief granted by any court of competent jurisdiction. Each day or portion of a day that such condition continues shall be regarded as a new and separate offense.

All remedies permitted under this title or the Code shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof. Nothing in this chapter shall prevent the City from using one or more other remedies to address violations of this title.

The Director shall have principal responsibility for monitoring and enforcing the conditions and standards imposed on all land use standards and entitlements granted by the City pursuant to this title. In accordance with the provisions of California Penal Code Section 836.5(a), employees of the Department of Public Works, as directed and designated from time to time by the Director, are hereby authorized to issue citations for violations of this title. The procedures to be followed for the issuance of said citations are those that are or may be authorized from time to time by provisions of the California Penal Code.

In addition to any other remedy provided for in this Code or otherwise by law, the Director may take any or all of the following actions for any violation of this title or of the terms and conditions of any permit or approval that may be provided for in this title: