Irvine Municipal Code Ch. 2-10 Enforcement and Revocation Procedures

A. It shall be the duty of the Director of Community Development for the City of Irvine, and the City's officers charged with the enforcement of the law, to enforce this zoning ordinance and all the provisions of the same.

B. Any person, firm or corporation, whether acting as principal, agent, employee or otherwise, violating any provisions of this zoning ordinance or any approval granted hereunder shall be guilty of a misdemeanor. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this zoning ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Code 1976, § V.E-206.1; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

A. Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this zoning ordinance or any conditions attached to the approval granted pursuant hereto shall be and the same is hereby declared to be unlawful and a public nuisance; and the duly constituted authorities of the City of Irvine shall, upon order of the original approval body or City Council, immediately commence actions or proceedings for the abatement thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate such building, structure or use of any property contrary to the provisions of this zoning ordinance as the original approval body or City Council may adopt.

B. Failure to abide by and faithfully comply with any and all conditions that may be attached to an approved application pursuant to the provisions of this zoning ordinance shall constitute grounds for the revocation of any approval by the original approval body or City Council. All remedies provided for herein shall be cumulative and not exclusive and shall not prevent the City from availing itself of other remedies which may be available.

C. Within 30 calendar days after having served notice of a suspension or revocation, the Director of Community Development shall meet with the permittee, permittee's authorized agent, or permittee's successor. The intent of the meeting shall be to discuss ways to remedy the reason(s) cited for suspension or revocation of the permit. If no agreement can be reached, the Director of Community Development shall schedule a public hearing before the original approval body. The original approval body may, based on evidence that any of the provisions of this chapter have been violated, suspend or revoke an approval for any application, including those set forth in this division (except a zone change). Any such action shall occur at a public hearing which has been noticed in accordance with the requirements for the application type. In addition, written notice of the public hearing shall be given by certified mail or in person to the permittee or permittee's successor. The written notice shall contain a statement of the specific reasons for revocation or suspension. The original approval body may suspend or revoke a permit based upon a finding that one or more of the following have occurred by the permittee or the permittee's successor:

1. Any false, misleading or fraudulent statement of material fact in the development case application or accompanying documentation, or any report or record required to be filed pursuant to this division;

2. One or more conditions set forth in the resolution approving the project have been violated, or have not been fulfilled or complied with;

3. A statute or ordinance relating to the permitted activity has been violated;

4. Conduct of a permitted business in a manner contrary to the public health, safety, and general welfare of the community; and

5. Nonpayment of application fees, permit fees, and/or impact fees to the City.

(Code 1976, § V.E-206.2; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

A. Upon receipt of evidence of a violation to which this chapter is applicable, the original approval body shall conduct a public hearing within 60 calendar days. Notice of the public hearing shall be governed by this chapter, while the actual rules and procedures of the hearing shall be as specified in Chapter 2-23. The permittee shall be notified by certified mail or in person of the time and place of the public hearing, and the specific reasons for the suspension or revocation.

B. If the original approval body renders a decision at the conclusion of the hearing such decision shall immediately become effective and remain so unless an appeal is made to the City Council and the Council renders its decision on the matter.

C. The decision of the original approval body may be appealed to the City Council pursuant to the procedures contained in this chapter; and the permittee shall have the burden of proving that the decision rendered by the original approval body was unreasonable, erroneous, or a clear abuse of discretion. The appeal procedure in this chapter applies to only a suspension/revocation of a permit, and supersedes that contained in Chapter 2-5.

(Code 1976, § V.E-206.3; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

This procedure supersedes that contained in Chapter 2-5.

A. The permittee shall, within 15 calendar days after having been notified of an adverse determination, file a written notice of appeal with the City Clerk.

B. The written notice of appeal shall be addressed to the City Council and shall specify the subject matter of the appeal, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested of the City Council, and the name and address of the permittee.

C. The appeal shall be accompanied by a deposit or fee as required by City Council resolution. An appeal by a member of the City Council shall not be subject to the payment of a deposit or fee.

D. The City Clerk shall place the appeal on the City Council agenda within 60 calendar days after receipt of it.

(Code 1976, § V.E-206.4; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)

A. When an appeal is made to the City Council, the City Clerk shall set a hearing date and give such notice of a public hearing as may be required by Chapter 2-23.

B. The City Council shall receive all relevant testimony and evidence from the permittee, interested parties and City staff. The City Council may sustain, overrule, or modify the action of the original approval body. The action of the Council shall be final, except in the coastal zone.

(Code 1976, § V.E-206.5; Ord. No. 92-3, 4-14-92; Ord. No. 92-21, 11-24-92; Ord. No. 94-7, § 3, 6-14-94)