Fowler Municipal Code Ch. 9.20 Enforcement

This Chapter establishes the authority and process for enforcement of this Title and any conditions of approval for planning permits identified in this Title for purposes of protecting the public health, safety, and general welfare of the City.

The City Manager, Director, or their designees shall be authorized to enforce the provisions of this Title pertaining to the use of land and the addition, alteration, construction, or use of any structure. Other officials of the City charged by the law with the general duty of enforcing City ordinances may also enforce the provisions of this Title.

A. Violations—Effect on Approval or Permit.

1. In the event that there is a violation of any applicable provision of this Title for a previous approval or if the conditions of approval for a permit previously granted are in non-compliance, said approval or permit may be suspended.

2. A public hearing shall be held in accordance with the procedures outlined in Section 9.20.040 (Revocation or Modification) for discretionary permits and approvals.

B. Violations—Declared Public Nuisances and Actions. Any structure constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Title, and any use of land, buildings, or premises established, conducted, operated, or maintained contrary to the provisions of this Title are hereby declared to be unlawful and a public nuisance.

1. The Director shall immediately initiate all necessary administrative or legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other necessary steps to accomplish these ends. The remedies prescribed by this Section are cumulative and nonexclusive.

C. Violations—Penalties. Any violation of this Title is unlawful, and any person, firm, corporation, or organization violating or causing the violation of any provisions of this Title shall be punishable as set forth in Chapter 2 of Title 1, of the Fowler Municipal Code. Each and every day such violation continues shall constitute a separate offense and shall be punishable as provided herein.

D. Enforcement. The City shall be authorized to enforce provisions of this Title and to issue citations and make arrests pursuant to the California Penal Code and the Fowler Municipal Code.

E. Right of Entry. In the discharge of enforcement duties, authorized persons shall have the right to enter any site or structure for the purpose of investigation and inspection. Such right of entry shall be exercised only at reasonable hours and only with the consent of the owner or tenant unless a written order of a court of competent jurisdiction has been issued.

A. Purpose. Notwithstanding the provisions of Section 9.30.110 (Amendments to Previously Approved Permits), this Section provides procedures for the revocation or modification of previously approved permits or entitlements as follows:

1. Revocations. The City's action to revoke a permit shall have the effect of terminating the permit and denying the privileges granted by the original approval.

2. Modifications. The City may choose to allow the modification of the operational characteristics or development requirements within the allowances of this Title instead of revoking a permit. These modifications may include operation aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or other conditions.

B. Applicability. Revocation or modification proceedings for any discretionary permit or approval granted in accordance with this Title may be initiated by the City if any of the following apply:

1. A violation of conditions of approval or applicable development standards exists.

2. The permit was obtained by misrepresentation or fraud.

3. The use has become detrimental to the public health, safety, or constitutes a nuisance.

4. Circumstances under which the permit was granted have changed to a degree that affects the validity of the findings contained in the original permit.

C. Notice of Intent to Initiate Revocation or Modification Proceedings. Such revocation may be initiated by adopting a Resolution of Intention, which is a resolution indicating the City's intent to revoke or modify the permit. Such resolution may be adopted by either the Planning Commission or the City Council. The Resolution of Intention shall allow reasonable opportunity for the permittee to correct the noncompliance to the satisfaction of the City. Such reasonable opportunity for correction may be provided by scheduling a hearing on the revocation, for a date which will allow reasonable time for correction.

D. Approving Authority.

1. The Planning Commission shall be the designated approving authority for consideration of a revocation or modification of a permit where the Director or Planning Commission was the original approving authority.

2. The City Council shall be the designated approving authority for consideration of a revocation or modification of a permit where the City Council was the original approving authority.

E. Notice of Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing. Public notice shall be provided, and a public hearing conducted pursuant to Section 9.30.070 (Public Hearing and Notice).

F. Findings. A land use permit may be revoked or modified by the applicable approving authority as specified in Subsection (D) of this Section if any of the following findings can be made:

1. Circumstances under which the permit was granted have been changed to a degree that one (1) or more of the findings contained in the original permit can no longer be met.

2. The permit was issued, in whole or in part, based on a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing for the permit.

3. One (1) or more of the conditions of the permit has not been substantially fulfilled or has been violated.

4. The improvement or use authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation, or statute.

5. The improvement or use allowed by the permit has become detrimental to the public health, safety, general welfare, or the manner of operation constitutes or is creating a public nuisance.