Commerce Municipal Code Div. 6 Abatement Proceedings

A. The provisions of this Division 6 are established to set forth procedures for the abatement of uses, structures, fences and walls, signs, and antennas deemed to be nonconforming.

B. The planning commission shall have the authority to take action to declare a use, structure, fence or wall, sign, or antenna to be nonconforming and to establish abatement procedures consistent with the provisions of this Chapter 19.37.

(Ord. 544 § 1(part), 2000).

A. Upon determination by the community development director that the provisions in this Chapter 19.37 apply to a given parcel of land, the director shall send a notice regarding the parcel by a method guaranteeing certification of delivery to the owner of the parcel, as shown on the last equalized assessment roll. The director shall post the property with a similar notice. Should the certified notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed by regular first-class mail, with postage thereon fully paid, to the property owner shown on the last equalized assessment roll.

B. The notice required in subsection A of this section shall state that the property in question is a nonconformity, shall state the date of abatement established in either Section 19.37.120 (Nonconforming uses—Abatement) or 19.37.150 (Nonconforming structures—Abatement), shall state that a hearing will be held before the planning commission, and shall state the date of such hearing.

C. The absence of such notification shall affect or extend the termination date established by the provisions of this Title 19 or the provisions of previous zoning regulations.

(Ord. 544 § 1(part), 2000).

A. Within thirty days after the issuance of the notice prescribed in Section 19.37.270 (Notice required), the planning commission shall hold a public hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided for in Section 19.37.320 (Extension of time). Notice of the hearing shall be given to all property owners as required by Section 19.39.140 (Noticing) of this Title 19.

B. The planning commission shall receive written and oral testimony at such hearing with regard to abatement or elimination of the nonconformity pursuant to the hearing procedures set forth in Section 19.39.170 (Hearing procedures) of this Title 19.

C. At the close of the public hearing, the commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his investment in the term for abatement provided in Sections 19.37.120 (Nonconforming uses—Abatement) and 19.37.150 (Nonconforming structures—Abatement), and if not, what term for abatement should be provided. The commission shall base its decision as to the length of the permitted amortization period on any competent evidence presented, included but not limited to the depreciation schedule attached to the owner's latest federal income tax return.

D. The planning commission shall also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted by the zone district in which it is located.

(Ord. 544 § 1(part), 2000).

A. The decision of the planning commission and the findings in support of the decision shall be in the form of a written order and shall be served to the property owner personally or by a method guaranteeing proof of delivery within ten days after the decision is rendered.

B. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity of the subject property requires a deviation from the development standards for the City of Commerce.

(Ord. 544 § 1(part), 2000).

The decision of the planning commission may be appealed to the city council pursuant to the provisions of Chapter 19.39, Division 4 (Appeals and Revocations) of this Title 19. Any appeal timely filed shall be set for hearing in accordance with Chapter 19.39, Division 4.

(Ord. 544 § 1(part), 2000).

After the conclusion of all appeals or, if no appeal is filed, after expiration of the appeal period, the city clerk shall cause notice of the decision to be recorded with the County Recorder of the County of Los Angeles. The notice shall consist of a notice of zoning violation.

(Ord. 544 § 1(part), 2000).

A. In establishing the time periods for the termination of nonconforming uses and structures, it is recognized that there may be some uses or structures which entail a substantial investment in time and money and which require a greater period of time for amortization of the investment than that set forth in the time table. Any party may file a petition to the planning commission for an extension of time for the termination of nonconforming uses or structures. The planning commission shall direct the community development director to conduct a study of the specific use or structure and prepare a report recommending the appropriate time for termination of the use or structure.

B. The planning commission, or the city council on appeal, at its discretion, may grant an extension of time for the abatement of a nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

(Ord. 544 § 1(part), 2000).

If removal of a nonconforming structure or use is not performed within the termination period, the city shall have the authority to remove the nonconforming use or structure. Any cost of removal shall be charged to the property owner and collected directly or as a special assessment on the land.

(Ord. 544 § 1(part), 2000).