Chapter 88.54 — NONCONFORMING USES, STRUCTURES, AND PARCELS

This chapter establishes uniform provisions for the regulation of nonconforming land uses, structures, and parcels.

A.

Within the zoning districts established by this Development Code, there exist land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but which would be prohibited, regulated, or restricted differently under the terms of this Development Code or future amendments.

B.

It is the intent of this Development Code to discourage the long-term continuance of nonconformities, but to permit them to exist under limited conditions.

C.

This chapter does not apply to land uses, structures, and parcels that were illegally established, constructed, or divided. These are instead subject to remedies provided by the Municipal Code.

Nonconforming uses and structures shall comply with the requirements of this section.

A.

Nonconforming Uses of Land. A nonconforming use of land, or a nonconforming use within a structure, may be continued, transferred, or sold, only as follows. Where applicable, a nonconforming use of land shall also comply with Section 88.54.100 (Required Termination of a Nonconforming Use).

1.

Prohibited Activities for a Nonconforming Use. An owner or tenant of a nonconforming use shall not:

a.

Enlarge or increase the nonconforming use;

b.

Extend the nonconforming use to occupy a greater area of land than occupied by the use at the time it become nonconforming; or

c.

Move the nonconforming use, in whole or in part, to any other location on the site.

2.

Change of Use. A nonconforming use shall not be changed or expanded, except to reduce the extent of its nonconformity or to remove it from the site.

3.

Loss of nonconforming Use Status. Except where a land use was authorized by use permit, without any further action by the city, a nonconforming use shall not retain the benefits under this chapter if:

a.

The nonconforming use ceases for any reason for one year or more;

b.

The structure in which the nonconforming use is conducted or maintained is moved any distance on the site for any reason, or is removed from the site; or

c.

The structure in which the nonconforming use is conducted or maintained is destroyed. For the purposes of this section, "destroyed" means destruction by any means to more than 75 percent of the replacement value of the structure, excluding the value of the land.

4.

Additional Uses. Additional conforming uses may be allowed on the site of a nonconforming use only in the case of a multi-tenant structure or site, or where the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this Development Code.

5.

Replacement Uses. The use of the site after the discontinuance or removal of a nonconforming use shall comply with all applicable requirements of this Development Code and the applicable zoning district, including all Development Standards, except as provided by Section 88.54.040 for dwelling units.

B.

Nonconforming Structures. A nonconforming structure may be altered or replaced as follows:

1.

Additions or Alterations. A nonconforming structure may undergo additions or alterations, normal maintenance and repairs, including painting, interior and exterior wall surface repair, window and roof repair, and fixture replacement, provided that:

a.

The additions and alterations, and/or repairs comply with all applicable provisions of this Development Code; and

b.

The cost of the work as determined by the building permit does not exceed 50 percent of the assessed value of the structure in any 24-month period, as determined by the county assessor.

c.

An addition to a house with a nonconforming side yard setback shall encroach no further into the required setback than the existing house, and shall comply with the minimum California Building Standards Code requirements for side yards.

An addition or alteration that does not comply with subsection B.1.b. shall require that the entire structure be brought into compliance with all applicable standards of this Development Code; except that a nonconforming single-family dwelling shall be required only to be brought into compliance with all requirements of this Development Code applicable to front and street side setbacks, and street-facing facades.

2.

Replacement After Destruction. A nonconforming structure that is destroyed by any means to more than 75 percent of its replacement value excluding the value of the land shall be reconstructed or replaced only in compliance with all applicable provisions of this Development Code, except as provided by Section 88.54.040 for residential structures.

3.

Seismic Retrofitting/Building Code Compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances:

a.

Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards; and

b.

Reconstruction required to comply with California Building Standards Code requirements shall be allowed without cost limitations, provided the retrofitting/Code compliance is limited exclusively to compliance with earthquake safety standards, as identified in subsection B.3.a, above and other applicable building code requirements, including state law (e.g., Title 24, California Code of Regulations, etc).

(Ord. No. 10-O1, § 21, 3-1-10)

Requirements for nonconforming signs are provided by Section 88.38.080 (Nonconforming Signs).

88.54.040. - Exemptions from Limitations on Nonconformities.

A.

Residential Uses. A dwelling that is a nonconforming use or a nonconforming structure shall comply with the following requirements, in addition to other applicable provisions of this chapter. In the event of any conflict between the provisions of this section and other requirements of this chapter, this section shall control.

1.

Single-Family Homes, Multi-Family Structures. A nonconforming single-family or multi-family dwelling that has been involuntarily damaged or destroyed, may be reconstructed or replaced with a new structure using the same development standards that applied to the damaged or destroyed structure (e.g., setbacks, building height, and density standards).

2.

Mobile Homes. A nonconforming mobile home may be replaced with a new, or newer and larger mobile home placed in the same location as the former unit.

3.

Code Compliance. All new construction shall comply with current Building. Electrical, Plumbing, and Fire Code requirements.

B.

Public Facilities and Utilities. Nothing in this chapter shall be construed to require the discontinuance, removal, or termination, or to prohibit the alteration, expansion, maintenance, modernization, rebuilding, reconstruction, repair, or replacement of a publicly owned structure or utility.

C.

Azusa Pacific University (APU). The APU property designated on the zoning map in the INS zone is exempt from the regulations of this chapter during the period prior to the adoption of a specific plan by the city for the APU holdings.

D.

Nonresidential Wall/Fence Height within Front Setback. Where a nonconforming front setback has been established by the location of an existing surface parking lot, said setback line shall function as the front setback for the purpose of regulating allowable fence or wall heights.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

Determination of Nonconforming Status. A nonconforming parcel of record that does not comply with the access, area, or dimensional requirements of this Development Code for the zoning district, shall be

considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

1.

Approved Subdivision. The parcel was created through a subdivision approved by the city.

2.

Individual Parcel Legally Created by Deed. The parcel is under one ownership of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming.

3.

Variance or Lot Line Adjustment. The parcel was approved through the variance procedure (Section 88.51.070) or its current configuration resulted from a legally granted lot line adjustment.

B.

Use of Nonconforming Parcels. Nonconforming parcels shall be developed and used only in compliance with all applicable provisions of this Development Code.

C.

Further Subdivision Prohibited. Where structures have been erected on a nonconforming parcel, the area where the structures are located shall not be later subdivided, nor shall lot lines be altered through lot line adjustment, so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Development Code, or in any way that makes the use of the parcel more nonconforming.

A.

Use Allowed With Use Permit Approval. A land use that was legally established without a use permit, but would be required by current Development Code provisions to have use permit approval, shall be considered a nonconforming use and shall not be altered in any way unless a use permit is first obtained.

B.

Use No Longer Allowed with Use Permit Approval. A land use that was established with use permit approval, but is not allowed with use permit approval by the current Development Code may continue in compliance with the original use permit, except where:

1.

The use is subject to termination in compliance with Section 88.54.100 (Required Termination of a Nonconforming Use); or

The original use permit was revoked by the city.

A site that does not conform to the current requirements of this Development Code for off-street parking (number or size of spaces, layout, etc.), landscaping, or other aspects of site layout and development not involving structures may continue to be occupied and used, provided that the approval of any proposed addition to an existing structure or a new structure on the site shall require that the nonconforming aspects of site development be corrected to comply with all applicable provisions of this Development Code.

A.

Violations. Uses and structures which did not comply with the applicable provisions of this Development Code or prior planning and zoning regulations when established are violations of this Development Code and are subject to the remedies provided by the Municipal Code.

B.

Illegal Uses and Structures Prohibited. This chapter does not grant any right to continue occupancy of property containing an illegal use or structure.

C.

Permits Required. The illegal use or structure shall not continue unless/until permits and entitlements required by this Development Code and the Municipal Code are first obtained.

A.

Amortization Schedule and Effect of Termination Requirement. The council finds and determines that nonconforming uses, structures, and site improvements are contrary to the orderly development of the City of Azusa, and have the potential to adversely affect public health, safety, and welfare, and shall, therefore, be discontinued, or brought into conformity with all applicable provisions of this Development Code in compliance with this section.

1.

Amortization and Termination Required. A land use, structure, or site improvement that is made nonconforming by the adoption of this Development Code or an amendment to this Development Code shall be discontinued, or brought into conformity with all applicable provisions of this Development Code, within the following time periods from the date of the service of notice by the city in compliance with subsection B.

a.

A nonconforming land use located on a site within the TOD Specific Plan District - 20 years.

b.

Adult business—Six months, or as extended in compliance with Chapter 88.40 (Adult Business Regulations).

c.

Auto wrecking and/or scrap yard—20 years.

d.

Contractor's storage yard—20 years.

e.

Outdoor shooting range—18 months; provided that the amortization period may be replaced by an executed development agreement.

f.

Surface mining operation—Five years, except where a vested right exists.

g.

Mobile recycling—Six months.

h.

Trash enclosure—One year.

2.

Amortization Schedule for Prior Nonconformities. An owner of property that is in receipt of an official city notice regarding the property's nonconformity before March 25, 2005 (the effective date of this Development Code), shall conform to the amortization schedule in effect at the time of the original notice. An owner of property that is in receipt of an official city notice regarding the property's nonconformance before March 25, 2005 shall complete the amortization appeal process by March 31, 2006, if an appeal is desired. The amortization appeal process is defined in Section 88.54.100.C and 88.54.100.D.

3.

Nuisance Abatement. A use that does not comply with this subsection shall be deemed a public nuisance and shall be abated accordingly, unless an extension is granted by the council in compliance with subsection F.

B.

Notice. Upon determination that the provisions of this section apply to a given parcel of land, the director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax

assessor's rolls, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.

1.

The notice required by this subsection shall state the following:

a.

That the property in question is a nonconformity;

b.

The date of abatement established in subparagraph 1. (Amortization schedule), above; and

c.

That the date of abatement may be appealed to the council within 30 days of the date indicated on the notice.

2.

The city has no legal obligation to notify subsequent owners of an affected parcel

C.

Appeal.

1.

For those parcels deemed nonconforming as a result of this Development Code's implementation, the owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the classification of the required amortization period by submitting a written appeal, on a form provided by the director and accompanied by any required fee in compliance with the city's fee resolution, within 30 days of the date on the notice.

2.

For those parcels deemed nonconforming and receiving written notice prior to the adoption of this Development Code, the owner of any parcel upon which a nonconforming structure or use is being maintained may appeal the length and/or the classification of the required amortization period by submitting a written appeal, on a form provided by the director and accompanied by any required fee in compliance with the city's fee resolution. The appeal process must be completed by March 31, 2006.

D.

Hearing. Within 60 days after receipt of an appeal, the council shall hold a public hearing to determine whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted as provided in subsection F.

Notice of the hearing shall be provided in the same manner as the notice of abatement, and shall also be provided by mail to the owners of abutting parcels.

2.

The council shall receive written and oral testimony at the hearing relating to the term of abatement. During the hearing, the owner shall be permitted to call witnesses and be represented by counsel.

3.

Council consideration of amortization period.

a.

For those parcels deemed nonconforming as a result of this Development Code's implementation - At the close of the hearing, the council shall determine whether the nonconformity should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement required by subsection A., and if not, what term for abatement should be provided. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than required by subsection A.

b.

For those parcels deemed nonconforming as a result of a previous Development Code's implementation - At the close of the hearing, the council shall determine whether the nonconformity should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement required by the previous Development Code, and if not what term for abatement should be provided, not to exceed ten years. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than established by the previous Development Code. The criteria for granting an extension includes but is not limited to, value of buildings and other structures located on the parcel, compatibility with neighboring structures and uses, condition of structures located on the parcel, and condition of the property.

4.

In the case of a nonconforming use, the council shall also determine whether the structure accommodating the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose allowed by the applicable zoning district.

5.

The council may require reasonable modifications or alterations to any nonconformity to improve the nonconformity's appearance or compliance with this Development Code, Municipal Code, or state law; except that any modification or alteration that would extend the useful life of the nonconformity is expressly prohibited.

E.

Decision and Order. The decision of the council and supporting findings shall be in the form of a written order and shall be served upon the property owner personally or by certified mail, return receipt requested, within ten days after the decision is rendered. The order shall also be recorded in the office of the county recorder. The order shall be binding upon the owner, and the owner's successors, heirs, and assignees.

F.

Extension of time.

1.

The council may grant an extension of the time for abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner; and

2.

The council shall base its decision as to the length of the allowed amortization period on any competent evidence presented, including but not limited to the following:

a.

Criteria for extending amortization period.

b.

Maximum Time Extension. The maximum extension of time for parcels made nonconforming as a result of a previous Development Code's implementation is ten years. However, the Director of Economic and Community Development may grant an additional seven (7) year amortization period, with the possibility of one more three-year extension, based on the criteria in Table 2.a.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 12-O6, § 2, 11-19-12; Ord. No. 2017-05, § 4, 7-17-17)

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the city, in compliance with the Municipal Code Chapter.

CHAPTER 88.56. - APPEALS AND REVOCATIONS

This chapter establishes procedures for the appeal and review of determinations of the director, zoning administrator, or commission.

Determinations and actions that may be appealed, and the authority to act upon an appeal shall be as follows.

A.

Ordinance Administration and Interpretation. The following determinations and actions of the director and department staff may be appealed to the commission and then to the council:

1.

Determinations on the meaning or applicability of the provisions of this Development Code that are believed to be in error, and cannot be resolved with staff; and

2.

Any determination that a permit application or information submitted with the application is incomplete, in compliance with state law (Government Code Section 65943).

B.

Permit and Hearing Decisions. Decisions by the director or zoning administrator may be appealed to the commission. Decisions by the commission may be appealed to the council.

A.

Eligibility. An appeal may be filed by:

1.

Any person affected by an administrative determination or action by the director, as described in Section 88.56.020, above.

In the case of a planning permit or hearing decision described in Section 88.56.020, above, by anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns before the hearing.

3.

The city council, by a majority vote, may call up a decision of the director, zoning administrator, or planning commission.

B.

Timing and Form of Appeal. Appeals shall be filed with the department within 20 calendar days following the final date of the determination or action being appealed. All appeals shall be submitted in writing, together with the name, address, phone number, and signature of the appellant, and the filing fee required by the council's fee resolution. The written appeal shall specifically state the pertinent facts of the case and the basis for the appeal.

C.

Scope of Planning Permit Appeals. An appeal of a decision by the director, zoning administrator, or commission on a planning permit shall be limited to issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

D.

Rights. Pending a decision on an appeal in compliance with this Development Code, all rights emanating from the permit, license, or other entitlement that is the subject of the appeal, and all relevant time periods, shall be suspended.

E.

Multiple Actions. In the event an appeal is filed regarding a decision on one of multiple permits or city approvals concurrently granted for a single project (for example, the approval of a use permit is appealed on a project for which a negative declaration was approved at the same time), all concurrently granted city permits and approvals for the project shall be automatically appealed, and shall be considered and acted upon in compliance with this chapter.

A.

Scheduling of Hearing. After an appeal has been received in compliance with Section 88.56.030, the director shall schedule the matter for a commission agenda, or the city clerk shall schedule the matter for a council agenda, as applicable to the appeal.

B.

Report. After the appeal hearing has been scheduled, the director shall prepare a report on the matter, and forward the report to the appropriate appeal body.

C.

Joining an Appeal. Only those persons who file an appeal within the 20-day appeal period in compliance with Section 88.56.030 shall be considered appellants of the matter under appeal.

1.

Any person who wishes to join an appeal shall follow the same procedures for an appellant in compliance with Section 88.56.030.

2.

No person shall be allowed to join an appeal after the end of the 20-day appeal period.

D.

Findings and Decision.

1.

General Procedure. The appeal body shall conduct a public hearing in compliance with Chapter 88.58 (Public Hearings).

a.

Scope of Review. When reviewing an appeal the review authority may consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal. The review authority shall also consider any environmental determination applicable to the entitlement or decision being appealed.

b.

New Evidence. If new or different evidence is presented during the appeal hearing, the commission or council, may refer the matter back to the director or commission, as applicable, for a report on the new or different evidence prior to a final decision on the appeal.

c.

Decision. After a public hearing, the appeal body may:

(1)

Approve, modify, or disapprove the action appealed either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal; and

(2)

Adopt additional conditions of approval deemed reasonable and necessary; or

(3)

Disapprove the planning permit approved by the previous review authority, even if the appeal only requested modification or elimination of one or more conditions of approval.

2.

Appeals to the Council. A decision by the commission may be appealed to the council as provided by Section 88.56.030 (Filing of Appeals), above.

a.

Authority of Council. The council shall have the authority to approve, modify, or disapprove the action appealed, either in whole or in part, based on the record on appeal and the evidence received at the hearing on appeal. The appeal may be upheld by a majority of council members when a quorum of at least three members is present. The lack of an affirmative majority vote on the appeal, or a tie vote, shall constitute denial of the project appealed.

b.

Subdivisions. Appeals on subdivision applications are governed by Municipal Code Chapter ___.

c.

Referral. The council may refer any appeal to the commission for a report and recommendation, or for further proceedings. In this event, if the commission changes its decision based on new evidence, and the appeal is thereafter returned to the council, the appeal shall be deemed to be from the decision of the commission as modified.

d.

Finality of Decision. The findings, decision, and action of the council on an appeal shall be final.

E.

Effective Date of Appeal Decision. A decision by the commission on an appeal is effective on the 21st day after the decision, when no appeal to the decision has been filed with the council. A decision by the council is effective as of the date of the decision.

Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this chapter 88 (Development Code), or if a determination is made that a permit or approval was obtained by deception or fraud, or has been determined to be a public nuisance, the director, planning commission, or city council shall have the authority to initiate revocation proceedings.

(Ord. No. 06-O6, § 1B, 8-7-06)

A.

The director shall schedule a hearing before the zoning administrator, planning commission, or city council, whichever authority commenced the original proceedings approving the permit application.

B.

At least ten days prior to the hearing, written notice of the hearing shall be served to the owner of the property for which the permit or approval was granted. The notice may be served either in person or by registered mail, return receipt requested.

C.

At the hearing, the director shall present evidence supporting the motion for permit or approval revocation. The owner of the property subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked.

D.

The hearing body shall make a decision regarding the revocation based upon the information presented at the hearing and shall make findings and report its decision in a formal and numbered resolution. The property owner shall have the same right of appeal as is applicable for the original permit or approval.

(Ord. No. 06-O6, § 1B, 8-7-06)

CHAPTER 88.58. - PUBLIC HEARINGS

This chapter establishes procedures for public hearings before the zoning administrator, commission, and council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this chapter.

When a planning permit or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with state law (Government Code Sections 65090, 65091, 65094, and 66451.3, and Public Resources Code 21000 et seq.), as applicable.

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA), the matter shall be scheduled for public hearing on a Commission, or Council agenda (as applicable).

A.

Decision.

1.

The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, defer action and continue the matter to a later meeting agenda in compliance with Section 88.58.070 (Hearing Procedures).

2.

Following the director's review, or at the conclusion of a hearing conducted by the director may instead refer the matter to the commission for determination. A referral will require a new noticed hearing before the commission.

3.

The decision of the council on any matter shall be final.

B.

Notice of Decision. After the final decision or recommendation by the review authority, notice of the decision shall be mailed to the applicant, and the property owner, if different from the applicant.

At the conclusion of a public hearing on a general plan amendment, a specific plan, the zoning map, or this Development Code, the commission shall forward a recommendation, including all required findings, to the council for final action.

A decision of the director or commission (other than a recommendation in compliance with Section 88.58.050) is final and effective on the 21st day following the decision unless an appeal is filed in compliance with Chapter 88.56 (Appeals).

A hearing shall be held at the date, time, and place described in the required public notice.

A.

Hearing Comments. During a public hearing the applicant for a project shall have the right to be represented, provide testimony, present evidence, and the right to ask questions of opposing witnesses. All other persons shall have the right to comment on any relevant aspect of the application under consideration.

B.

Action of Hearing Body. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue or take under advisement the subject of the public hearing.

C.

Continuances. If a hearing cannot be completed on the scheduled day, the presiding councilperson or commissioner, before the adjournment or recess of the hearing, may continue the hearing by publicly announcing the date, time, and place to which the hearing will be continued. Additional notice for the continued hearing is not required.

D.

Application Denial - Re-Application. If an application has been denied, no new application for the same or similar request may be accepted within one year of the denial, unless the director finds that the conditions surrounding the application have sufficiently changed to warrant a new application.

ARTICLE 6. - ENFORCEMENT AND PENALTIES FOR THE DEVELOPMENT CODE CHAPTER 88.60. - ENFORCEMENT AND PENALTIES

The purpose of this article is to promote the public health, safety and welfare by establishing the procedural and legal means to enforce the provisions of this Development Code. In addition, the article will identify general penalties and remedies for such violations.

(a)

In addition to the enforcement authority provided in Chapter 1 of the Municipal Code, the city manager or designated code enforcement official shall have the authority to promulgate policies reasonably necessary to implement the intent and provisions of the Development Code including all provisions of the building, electrical, plumbing, and mechanical regulations. The city manager or designated code enforcement official shall coordinate and develop programs and policies for the consistent and uniform enforcement of the Development Code.

(b)

Violations of this Development Code may also be enforced by using any of the enforcement remedies referred to in Chapter 1 of the Municipal Code and in this article. This article and any other applicable sections of the Municipal Code shall be read together in any administrative or judicial proceeding to form the basis of a Development Code violation. General enforcement definitions that may govern the application of this article are also found in Chapter 1 of the Municipal Code.

(c)

It shall be the duty of the city manager, economic and community development director, assistant director of community development, the building official and the community improvement officer to enforce the provisions of this title.

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy or maintain any real or personal property or portion thereof in the city or cause the same to be done contrary to or in

violation of any provisions of this title. Likewise, it shall be unlawful for any person to carry out the use authorized by any entitlement application, building permit or grading permit in violation of any of the conditions of approval attached to such entitlement, which are incorporated by reference in this title. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this article or any code adopted by reference by this title or any other city ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated in this title as constituting an infraction, provided that where the city attorney or other prosecutor determines that such action would be in the interests of justice, the city attorney or other prosecutor may prosecute any such offense as an infraction. In the event a notice to appear is prepared as a misdemeanor, the city attorney or other prosecutor may nonetheless prosecute any such offense as an infraction. Violators shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provision of any code adopted by reference by this Code, or of any other city ordinance, is committed, continued, or permitted by such person, and may be punished accordingly.

In addition, the city manager or designated code enforcement official may also seek criminal or civil injunctive relief and civil penalties in the Superior Court or pursue any administrative remedy provided in Chapter 1 of the Municipal Code, including administrative abatement, revocation of permits, recordation of notice of violation, and withholding of issuance of city permits.

Except as otherwise provided, if the city manager determines that there has been a violation of the terms, conditions, lawful requirements, or provisions of any development permit, construction permit, or approval issued by the city, the city manager may, in addition to any other remedies provided in the municipal code or in this article, issue a notice of intent to revoke in accordance with Chapter 88.56.

The city attorney, upon request of the city council, shall institute any necessary legal proceedings to enforce the provisions of this title, and he or she is authorized, in addition to the remedy provided in this chapter, to institute an action for an injunction to restrain or any other appropriate action or proceeding to enforce such provisions.