Chapter 17.10 — ADMINISTRATION, INTERPRETATION, AND ENFORCEMENT

The director of community development (director), or his or her designee, shall administer, interpret, and enforce the provisions of this title, including any ambiguities or omissions herein. In interpreting this title, the director shall gather and review all pertinent facts and make a determination based upon those facts. The director may consult standard references, such as the North American Industrial Classification System (NAICS), as such documents may be amended from time to time, when administering and interpreting this title.

(Ord. 5081 § 3, 2019.)

In administering, interpreting, and enforcing this title, the director shall consider legal requirements, as well as the minimum requirements necessary for the promotion of the public health, safety, comfort, convenience and the general welfare of the city. Upon request, the director shall document his or her determination in writing.

(Ord. 4950 § 3, 2010)

The director shall make a report to the planning commission describing the administrative determinations made pursuant to section 17.10.020 above and Chapters 17.57 and 17.63 . The report shall be submitted for decisions occurring within the preceding twelve months. No such report shall be required, if the director has not issued a director's determination, substantial conformance review or minor amendment in the twelve-month period preceding the required reporting date. (Ord. 4984 § 8, 2013; Ord. 5173, 2/10/2026)

Any decision or determination made by the director may be appealed to the planning commission in accordance with the provisions of Chapter 17.30 of this title. (Ord. 4950 § 3, 2010)

To assure compliance with the provisions of this title, a certificate of occupancy shall be obtained from the building and fire safety division before:

• A. Any new building is initially occupied or used;

• B. Any change of type or class of use is made; or

• C. A change of use of any unimproved premises is made.

• (Ord. 4950 § 3, 2010)

It is not intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties. However, when this title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this title shall govern.

Furthermore, all departments, officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this title. No such license or permit for uses, buildings or purposes where the same would be in conflict with the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void. (Ord. 4950 § 3, 2010)

• A. Any person, firm, or corporation violating any of the provisions of this title may be charged with either an infraction or a misdemeanor, and shall be subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code.

• B. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided above in Section 17.10.070(A) . Any use, occupation or building or structure maintained contrary to the provisions of this title shall constitute a public nuisance.

• C. In addition or in lieu of prosecuting a violation as an infraction or misdemeanor, the director is authorized to issue an administrative citation in accordance with Chapter 1.14 , or initiate abatement proceedings pursuant to Chapter 15.16 , and/or may commence an administrative proceeding under Chapter 15.18 to cause the assessment of a civil penalty pursuant to Section 1.24.020 .

(Ord. 4950 § 3, 2010)

Any proceeding to seek judicial review in order to dispute, annul, contest or otherwise attack a decision of the city in any zoning or land use matter must be brought within 60 days of the date on which the disputed decision becomes final, unless otherwise provided for by statute. (Ord. 4950 § 3, 2010)

Whenever the timing and processing requirements of the California Environmental Quality Act (CEQA) require a longer time period for the processing of land use or development projects than the time periods stated in this title, the longer time periods and processing requirements required by CEQA shall prevail.

(Ord. 4950 § 3, 2010)