Irvine Municipal Code Ch. 3-42 Single-Family Residential Duplexes

The purpose of this chapter is to allow and regulate housing developments containing no more than two residential units within a single-family residential zone ("single-family residential duplexes"), as provided by Government Code Section 65852.21.

(Ord. No. 22-10, § 2, 6-14-22)

The following terms used in this chapter shall have the meanings indicated below:

"City" means the City of Irvine, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

"Single-family residential duplex" means a proposed housing development containing no more than two residential units on a single lot within a single-family residential zone. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.

"Total floor area" means the total floor area of the single-family residential duplex, inclusive of all habitable areas and non-habitable areas of the structure, including but not limited to stairways, hallways, basements, attics, garages, storage areas, restrooms, and any other accessory spaces, consistent with the calculation of gross square footage in Irvine Zoning Ordinance Section 1-2-1.

(Ord. No. 22-10, § 2, 6-14-22)

A. Permits. All single-family residential duplexes require a single-family residential duplex permit, which shall also serve as the building permit for such single-family residential duplex as set forth in Title 5 of the Irvine Municipal Code. If a proposed Single-family Residential Duplex requires any additional permit under the City of Irvine Municipal Code or Zoning Ordinance, all such permits shall be separately acquired by the applicant.

B. Application processing. An application for a single-family residential duplex permit shall be made on forms provided by the city's community development department and be submitted with any applicable fees, including, but not limited to the appropriate development impact fees, charges, and in-lieu fees. The application shall include all information needed to determine compliance with this chapter in addition to all information required for a building permit pursuant to Title 5 of the Irvine Municipal Code. The application fee shall be established by resolution of the City Council.

C. Notice to adjacent property owners.

1. Applicants for a single-family residential duplex permit shall provide written notice to all the owners of record of each adjacent residential parcel to the property on which a single-family residential duplex is proposed prior to or concurrently with submission of an application for a single-family residential duplex permit to the City.

2. For purposes of this paragraph, "adjacent residential parcel" shall mean parcels that share at least one common boundary. Parcels which are separated only by a public or private road or right-of-way shall be considered to be adjacent.

3. Such written notice shall indicate that the applicant is applying for a single-family residential duplex permit, and shall include (a) the anticipated start and end dates, and hours for any planned construction, (b) contact information for the project manager for any such construction, and (c) contact information for the City's Community Development Department.

4. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

D. Application review.

1. The Community Development Director or his/her designee will review and approve complete applications for single-family residential duplex permits for compliance with the requirements of this chapter, the applicable underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. The single-family residential duplex permit application shall be considered ministerially without any discretionary review or a public hearing.

2. The City may deny a single-family residential duplex permit application if it fails to comply with the requirements of this chapter, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. In addition to the foregoing, the Community Development Director or his/her designee may deny a single-family residential duplex permit application if he/she makes a written finding, based upon a preponderance of the evidence, that the proposed single-family residential duplex would have a specific, adverse impact, as defined and determined in subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

3. Except as otherwise provided in this chapter, the construction of a single-family residential duplex shall be subject to any applicable fees adopted pursuant to the requirements of Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). This includes, but is not limited to, fees for the impact on schools, parks, and/or City services.

(Ord. No. 22-10, § 2, 6-14-22)

The development standards set forth below shall apply to all single-family residential duplexes. For any development standard not explicitly identified below, the objective requirements of the underlying zoning district shall apply, unless superseded by state law.

A. Location and zoning requirements. Single-family residential duplexes shall only be allowed in the City's 2.1 Estate Density Residential, and 2.2 Low-Density Residential zones, in accordance with the permit and development standards described in this section, subject to the exceptions set forth below:

1. Subdivision Map Act. Single-family residential duplexes must conform to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)).

2. Farmland. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), single-family residential duplexes shall not be located upon either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

3. Wetlands. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located upon wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

4. Fire zones. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

5. Hazardous waste site. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located upon a hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

6. Earthquake zone. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

7. Floodplain areas. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located within a special flood hazard area subject to inundation by the one percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. Notwithstanding the foregoing, a single-family residential duplex may be located on a site described in this subparagraph if either of the following are met: (i) The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (ii) the site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's floodplain overlay districts.

8. Regulatory floodways. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the applicant has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations, and complies with the City's regulations related to its City's floodplain overlay districts.

9. Conservation lands. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located upon lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), other adopted natural resource protection plan, or that is otherwise subject to a conservation easement.

10. Protected habitat. Pursuant to Government Code Sections 65852.2(a)(2) and 65913.4(a)(6), a single-family residential duplex shall not be located upon habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

11. Existing non-conforming structure or use. Pursuant to Section 3-19-3 of this Zoning Ordinance, a single-family residential duplex shall not be constructed on any lot which has an existing development constructed upon it, which is non-conforming with respect to the City's current use or development standards unless the proposed single-family residential duplex complies with the current applicable land use regulations of this zoning ordinance.

12. Historic district or property. A single-family residential duplex shall not be located within a historic district or upon property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

B. Restrictions related to existing affordable housing and rentals. Except as provided herein, single-family residential duplexes shall not require demolition or any alteration of any of the following types of housing:

1. Existing housing upon the lot which the single-family residential duplex is proposed that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Existing housing upon the lot which the single-family residential duplex is proposed that is subject to any form of rent or price control through the City's valid exercise of its police power.

3. Existing housing upon the lot which the single-family residential duplex is proposed that has been occupied by a tenant in the last three years. In the event that a proposed single-family residential duplex was occupied by a tenant in the last three years, the proposed construction must not allow for the demolition of more than 25 percent of the existing housing's exterior structural walls.

4. A single-family residential duplex shall not be located upon a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an application.

C. No more than two dwelling units per lot split parcel. Notwithstanding any provision of Government Code Sections 65852.2, 65852.21, 65852.22, 65915, or this section, the City shall not be required to permit more than two units on a parcel created through the exercise of the authority contained in Chapter 3-43 Urban Lot Splits. For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to this section, a primary dwelling, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22.

D. Sale, rental, and occupancy of units. No single-family residential duplex unit shall be rented for less than 30 days. One of the units in the single-family residential duplex located on a parcel shall be occupied by the owner of the parcel as the owner's primary residence. Notwithstanding the foregoing, if an owner processes an urban lot split pursuant to Chapter 3-43 and constructs a single-family residential duplex on both lots, then only one of the single-family residential duplex units on the two parcels needs to be occupied by the owner of the parcel as the owner's primary residence.

E. Deed restriction. A deed restriction prepared by the City shall be recorded on the subject property prior to issuance of the single-family residential duplex permit stating that (a) no single-family residential duplex unit shall be rented for less than 30 days, (b) one of the single-family residential duplex units shall be occupied by the owner of the parcel, (c) the single-family residential duplex unit not occupied by the owner of the parcel shall be rented as affordable housing to people of very low, low, or median income as those terms are defined in Chapter 2-3 of the Irvine Zoning Ordinance, and (d) the deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

F. Required setbacks.

1. All single-family residential duplexes shall strictly comply with at least a four-foot side setback and at least a four-foot rear yard setback.

2. All single-family residential duplexes must also strictly comply with the front yard setback requirement of the underlying zoning district in which it is located. For the purposes of this chapter, the front yard property line is defined as the narrowest property line of a lot abutting public or private street. If two or more equal property lines are the narrowest, the front shall be that property line across from which the development takes its primary access (if the primary access is determined to be equal, there shall be two front property lines).

3. No portion of a single-family residential duplex, including but not limited to HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front yard setback.

4. No setback requirement shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. However, the new or converted structure must comply with all of the other requirements of this section, including the size, height, building separation, parking and permitting requirements set forth herein.

5. In no event shall a single-family residential duplex encroach into the "limited use area" as that term is defined in City of Irvine Standard Plan 403, contained within Section 100 of the City of Irvine design manual.

6. To the extent that another permit, approval, or easement, including a public utilities easement, applicable to the parcel requires a setback greater than those provided in this section, a single-family residential duplex shall comply with those setback requirements.

G. Maximum height/stories. All single-family residential duplexes shall be subject to a height limitation of 16 feet, and shall be limited to one story.

H. Building separation requirements. All single-family residential duplexes shall comply with City's applicable building separation requirements consistent with the underlying residential zoning district.

I. Single-family residential duplex size requirements. For all single-family residential duplex units, the total floor area shall not exceed 800 square feet and one bedroom.

J. Addresses. Each unit shall have a separate address and shall have approved address identification and wayfinding signage that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code and the City of Irvine Security Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with applicable objective City standards shall be used to identify the unit. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.

K. Services and utilities.

1. Each unit in a single-family residential duplex shall maintain separate, direct, and independent public services and utilities, including separate connections and meters. All electric utility connections shall be underground.

2. The owner of the parcel containing a proposed single-family residential duplex must enter into an easement agreement with each public-service and utility provider to establish easements that are sufficient for the provision of public services, utilities, and facilities to each of the units in a single-family duplex ("easement agreement"). Each existing or proposed easement shall be shown on the documentation submitted to the City as part of a single-family residential duplex application.

3. An applicant shall submit copies of the unrecorded easement agreements or an easement deed showing the easements required by this section as part of the application for a single-family residential duplex permit. The easement agreements must be recorded before any construction on a single-family residential duplex may occur, and before any single-family residential duplex unit may be rented.

4. If an easement is recorded and the single-family residential duplex is not approved or otherwise completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner of the parcel containing the proposed single-family residential duplex may record.

5. For any public service or utility for which the public service or utility provider does not require an easement to provide such service or utility, the applicant shall submit as part of an application for a single-family residential duplex permit a written attestation from each public service and utility serving each single-family residential duplex unit. The attestation shall be signed by a representative of such public service or utility and shall certify that (1) the public service or utility agrees to serve the unit and (2) the public service or utility's network can adequately serve the unit.

L. Existing public utilities easements. The application for the proposed single-family residential duplex shall include an attestation from the holders of any public utilities easements affecting the underlying parcel. The attestation shall authorize the proposed single-family residential duplex under the terms of the public utilities easement. The attestation required by this subsection is not required if there are no public utilities easements on the underlying parcel subject to a single-family residential duplex application.

M. Landscaping. All landscaping for single-family residential duplexes shall comply with the landscaping standards in Chapter 3-15 of this zoning ordinance.

N. Solid waste, storage. Each unit in a single-family residential duplex shall maintain separate and independent solid waste collection bins in compliance with the City's requirements for detached single-family residential units contained in the Irvine Municipal Code and Zoning Ordinance, including but not limited to Irvine Municipal Code Title 6, Division 7. Solid waste collection bins must be stored in a manner screened from view from all adjacent streets. A service attestation for solid waste collection, as set forth in Subsection K above must be submitted with a single-family residential duplex permit application.

O. Frontage, driveway, access. Each unit in a single-family residential duplex must have vehicle access to the public right-of-way. All lots shall have a minimum street frontage of ten feet to provide for vehicular access, or 16-foot frontage if the driveway serves two units. To avoid encroachment onto the public right-of-way, no vehicles shall be parked on the ten- or 16-foot frontage required herein. For a lot without physical street frontage, access to street frontage shall be provided by the granting of a duly recorded permanent easement for ingress and egress purposes in favor of the lot without physical street frontage. In order to preserve the City's inventory of on-street parking, existing and proposed development pursuant to Government Code Section 65852.21 shall be limited to one driveway ingress/egress.

P. Additional requirements.

1. All single-family residential duplexes shall be constructed upon a permanent foundation.

2. Single-family residential duplex units shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, including but not limited to washer dryer hookups and kitchen facilities.

3. If an applicant is required, as a result of a proposed single-family residential duplex, to make any modifications a parcel, including but not limited to utility connections, driveway additions or modifications, or accessibility upgrades, such cost shall be borne solely by the applicant.

4. Each single-family residential duplex unit shall be connected to the public sewer, and that connection shall be subject to a connection fee, or capacity charge, or both.

5. All single-family residential duplexes must meet the requirements of all applicable Codes, including but not limited to the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 5 of the City of Irvine Municipal Code.

6. Each single-family residential duplex unit which is attached to or detached from an existing or proposed dwelling, shall have the same design, materials, finishes, dominant roof pitch, and colors as the attached dwelling and shall be in accordance with applicable code standards and design guidelines for the zoning district in which the single-family residential duplex sits. The "dominant roof pitch" is the roof slope shared by the largest portion of the roof.

7. All exterior lighting on single-family residential duplexes shall be limited to down-lights. "Down-lights" are light fittings which light in a downward direction to light an area below.

8. A residential rooftop solar energy system shall be required for all single-family residential duplex units and shall comply with applicable requirements of adopted building codes.

9. No roof decks or balconies shall be constructed above or upon a single-family residential duplex.

10. In the event that the property upon which the single-family residential duplex is proposed is located within a Homeowners Association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the single-family residential duplex prior to submitting a single-family residential duplex permit application.

11. No window or door of a unit that is constructed as part of a single-family residential duplex shall have a direct line of sight to a window or door of a structure on an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

12. All single-family residential duplex units which are not inhabited as the primary residence of the owner of a single-family residential duplex shall be rented as affordable housing to people of very low, low, or median income, as those terms are defined in Chapter 2-3 of this Zoning Ordinance.

13. All single-family residential duplex units shall comply with Section 11B-233.3 of the California Building Code.

Q. Parking requirements. Except as provided in paragraph 3. below, single-family residential duplexes shall meet the following parking standards:

1. At least one garage parking space shall be provided per single-family residential duplex unit and shall be equipped with an electric vehicle charging station complying with applicable requirements of adopted building codes.

2. Parking spaces shall comply with Zoning Ordinance Division 4, except as may be permitted in this section, and be provided on the same lot as the dwelling.

3. The foregoing parking standards shall not be imposed on a single-family residential duplex in any of the following circumstances:

a. The single-family residential duplex is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

b. The single-family residential duplex is located within one block of a car share vehicle.

R. Associated permits. If an application for a single-family residential duplex permit triggers the requirement for a discretionary or ministerial permit other than a single-family residential duplex permit and/or a building permit (including but not limited to a conditional use permit), those associated permits must be applied for and obtained prior to application for a single-family residential duplex permit. The process for obtaining the associated permit(s) shall be as set forth in the Irvine Zoning Ordinance.

S. Standards precluding development. If an applicant submits plans showing that any of the objective standards which otherwise apply to single-family residential duplex applications would have the effect of physically precluding the construction of up to two units or would physically preclude either of the two units from being at least 800 square feet in floor area, the Community Development Director or his/her designee shall ministerially permit the minimum deviation of the objective standards shown to physically preclude the construction of up to two units or physically preclude either of the two units from being at least 800 square feet in floor area necessary to physically allow the single-family residential duplex project. In no event shall the minimum rear and side setback requirements contained in this chapter be waived or modified pursuant to this paragraph.

(Ord. No. 22-10, § 2, 6-14-22)

Parcels containing a single-family residential duplex and subject to an urban lot split as that term is defined in Chapter 3-43 shall be ineligible for an accessory dwelling unit or junior accessory dwelling unit permit under Chapter 3-26. Operation of an accessory dwelling unit or junior accessory dwelling unit in violation of this section shall be a violation of this chapter and grounds for enforcement pursuant to Section 3-42-7 (Enforcement and Remedies). The City shall not permit a single-family residential duplex proposed to be constructed on a lot created through an urban lot split which already contains an accessory dwelling unit or junior accessory dwelling unit. This section shall not prohibit an applicant from converting an existing single-family residence, accessory dwelling unit, or junior accessory dwelling unit into a single-family residential duplex in compliance with this chapter.

(Ord. No. 22-10, § 2, 6-14-22)

A. Application. If a proposed single-family residential duplex is located on a lot subject to recorded covenants, conditions, and restrictions ("CC&Rs"), such CC&Rs may prohibit the construction of single-family residential duplexes on applicable lots, and may impose restrictions in addition to those contained in this chapter which shall apply to the affected lot. As used herein, the term "CC&Rs" refers to both the CC&Rs of a homeowners' association to which the lot is subject, and to private CC&Rs recorded against a lot. Nothing in this chapter shall be construed to prevent CC&Rs or a homeowners' association from prohibiting, restricting, or otherwise imposing rules on single-family residential duplexes.

B. Permit requirements. An applicant for a single-family residential duplex on a lot subject to CC&Rs shall submit with his or her single-family residential duplex application a certified copy of said CC&Rs. In addition, an applicant for a single-family residential duplex on a lot subject to a homeowners' association shall submit a confirmation in writing, signed by the president or equivalent on behalf of the homeowners' association, that the homeowners' association has permitted the applicant to apply for a single-family residential duplex.

C. Denial. In addition to the reasons for denial articulated in this chapter, the City may deny a single-family residential duplex permit application if the CC&Rs recorded against the lot prohibit the construction of the proposed single-family residential duplex. In addition, the City may deny a single-family residential duplex permit application if the homeowners' association with authority over the subject lot prohibits the proposed construction or the applicant fails to submit the writing required by subsection B. immediately above.

(Ord. No. 22-10, § 2, 6-14-22)

A. Criminal fines and penalties. Any person responsible for violating any provision of this chapter is guilty of a misdemeanor at the discretion of the City Attorney and/or district attorney. Upon conviction, the person shall be punished as prescribed in Division 13 of Title 4 of the Irvine Municipal Code.

B. Administrative fines and penalties. Whenever an officer charged with the enforcement of any provision of this Zoning Ordinance determines that a violation of this chapter has occurred, the officer shall have the authority to issue an administrative citation to any person responsible for the violation in accordance with Division 13 of Title 4 of the Irvine Municipal Code.

C. Public nuisance and lien on property. Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure Section 731 or any other remedy available at law. In accordance with Division 11 of Title 4 of the Irvine Municipal Code, the City may also collect any fee, cost, or charge incurred in the abatement of such nuisance by making the amount of any unpaid fee, cost or charge a lien against the property that is the subject of the enforcement activity.

D. Civil action. In addition to any other enforcement permitted by the City's Zoning and/or Municipal Codes, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

E. Single-family residential duplex permit revocation. Any violation of this chapter may result in revocation of a single-family residential duplex permit as prescribed in Chapter 2-10 of this Zoning Ordinance.

Use of any one or more of these remedies shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating civil, criminal, or other legal or equitable proceedings as an alternative to any of the proceedings set forth above.

(Ord. No. 22-10, § 2, 6-14-22)