§ 17.80

The provisions of this chapter are intended to ensure compliance with the requirements of this development code and any conditions of land use permit or subdivision approval, to promote the city's planning efforts and for the protection of the public health, safety and welfare.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained, contrary to the provisions of this development code or any applicable condition of approval is hereby declared to be unlawful and a public nuisance. This subsection shall also apply, without limitation, to any improved or unimproved land that is altered, graded or maintained in violation of this development code.

B.

Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of this development code or any condition imposed on any entitlement, development permit, map or license, shall be subject to the sanctions that are set forth in Section 1.16.010 of this Code.

C.

Any construction in violation of this development code or any condition(s) imposed on a permit shall be subject to the issuance of a stop work order. Any violation of a stop work order shall constitute a misdemeanor.

(Ord. No. 2010-265, § 3, 1-27-2010)

All remedies contained in this development code for the handling of violations or enforcement of the provisions of this development code shall be cumulative and not exclusive of any other applicable provisions of city, county or state law.

Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this development code, the conviction shall not prevent the city from pursuing any other available remedy to correct the violation.

(Ord. No. 2010-265, § 3, 1-27-2010)

Every applicant seeking a permit or any other action in compliance with this development code shall allow the city officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with this development code is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval.

(Ord. No. 2010-265, § 3, 1-27-2010)

The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this development code.

A.

Civil Actions.

1.

Injunction. At the request of the director, the district attorney or city attorney may apply to the Superior Court for injunctive relief to terminate a violation of this development code.

2.

Abatement. Where any person, firm or corporation fails to abate a violation and/or nuisance after being provided a notice thereof and the opportunity to correct or end the violation, the director may request the city attorney or district attorney to apply to the Superior Court of Los Angeles County for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

3.

Nuisance Abatement. The city may, in its discretion, elect to exercise the administrative procedures in Chapter 8.20 of the Calabasas Municipal Code to cause the abatement of a public nuisance.

B.

Civil Remedies and Penalties.

1.

Civil Penalties. Any person who violates the provisions of this development code or any permit issued in compliance with this development code, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000.00) for each day that the violation continues to exist.

2.

Costs and Damages. Any person violating any provisions of this development code or permits issued in compliance with this development code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents, and agencies as a direct result of the violations.

Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

C.

Criminal Actions and Penalties. Person who violate this development code are subject to the sanctions contained in Sections 1.16.010 and 1.16.020 of the Calabasas Municipal Code.

(Ord. No. 2010-265, § 3, 1-27-2010)

This section is intended to aid enforcement of this Code by preventing those who own or control a property in a condition, other than a legal nonconforming use, which violates the provisions of this Code from increasing the extent to which a property is out of compliance with this Code and to avoid confusion as to the relationship between legal and illegal improvements on the site and the facts surrounding each.

A.

Prohibition Against Permit Issuance. No permit under the Calabasas Municipal Code may be issued for any property on which the director finds a violation of this Code exists until such violation(s) is corrected to the satisfaction of the director.

B.

Exceptions. Notwithstanding the prohibition contained in subsection (A), this section shall not apply where the director, in his or her sole discretion, finds that an emergency or condition exists which necessitates the issuance of a permit, or where the issuance of a permit is necessary to correct the existing code violation(s). In such case, a permit may issue but shall be conditioned on a requirement that the illegal condition be corrected in conjunction with the permitted development on the property.

C.

Cost of Additional Services. If deemed necessary by the director, additional sheriff, code enforcement, fire, and other city services shall be provided for inspection of construction or other services to confirm that existing violations of this Code are properly abated in conjunction with development on the property permitted pursuant to subsection (B) of this section. The cost of such additional services shall be paid in advance to the city by the applicant prior to the issuance of any permit in an amount reasonably estimated by the director.

D.

Additional Conditions. The director may impose any conditions found necessary to protect the public health safety and welfare on a permit issued under subsection (B), of this section.

E.

Appeal Procedures. A decision of the director to issue, conditionally issue, or deny a permit under this section shall be final unless appealed as provided in Chapter 17.74 of this title.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2018-364, § 3, 4-25-2018)

The review authority must hold a public hearing in order to revoke or modify any permit or entitlement granted in compliance with the provisions of this development code. Ten (10) days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days

after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of Los Angeles, and/or the project applicant.

A.

Permit Revocation. A permit may be revoked or modified by the review authority if any one of the following findings can be made:

1.

That circumstances have changed so that one or more of the findings contained in Section 17.62.030 or 17.62.060 can no longer be made;

2.

That the permit was obtained by misrepresentation or fraud;

3.

That the improvement authorized in compliance with the permit had ceased or was suspended for six or more months;

4.

That one or more of the conditions of the permit have not been met;

5.

That the improvement authorized in compliance with the permit is in violation of any statute, ordinance, law or regulation; or

6.

That the improvement allowed by the permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

B.

Variance Revocation. A variance may be revoked or modified by the review authority if any one of the following findings can be made, in addition to those outlined in subsection (A) of this section:

1.

That circumstances have changed so that one or more of the findings contained in Section 17.62.080(E) can no longer be made, and the grantee has not substantially exercised the rights granted by the variance; or

2.

That one or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

(Ord. No. 2010-265, § 3, 1-27-2010)

This section establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this development code in cases where no permit is required in order to correct a violation. The intent of this section is to recover city administrative costs reasonably related to enforcement.

A.

Record of Costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this development code, and shall recover the costs from the

property owner in compliance with this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the council.

B.

Notice. Upon investigation and a determination that a violation of any of the provisions of this development code is found to exist, the director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.

C.

Summary of Costs and Notice. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten (10) days of the date of the notice, and that if no such request for hearing is filed, the responsible party will be liable for the charges. In the event that no request for hearing is timely filed or, after a hearing the director affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the director. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the city.

D.

Request for Hearing on Costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the director on their objections to the proposed costs.

1.

A request for hearing shall be filed with the department within ten (10) days of the service by mail of the department's summary of costs, on a form provided by the department.

2.

Within thirty (30) days of the filing of the request, and on ten (10) days' written notice to the owner, the director shall hold a hearing on the owner's objections, and determine their validity.

3.

In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

4.

The director's decision shall be appealable to the council as provided by Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

If any person establishes a land use, or erects, constructs, alters, enlarges, moves or maintains any structure without first obtaining any permit required by this development code, that person shall be required to fully comply with applicable permit application processes and requirements of this development code including the payment of the additional permit processing fees established by the city fee resolution prior to the city's issuance of any permit for any building, structure or use on the

site. At the discretion of the director, the city shall not be obligated to process permits for work or improvements on the property until all documented code violations are first remedied.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.82 - URBAN LOT SPLITS