Sec. 44-636. - Initial enforcement action.

This section describes the procedures for initiating enforcement action in cases where it has been

determined that property within the City is being used, maintained, or allowed to exist in violation of the provisions of this chapter or other related ordinances of the City.

(1)

Notice to responsible parties. The City shall provide the record owner of the subject site and any person in possession or control of the site (referred to as the responsible party) with a written notice. The Community Development Director shall send a notice by either personal delivery or United States mail to the last known address of the responsible party, specifying the existence of the violation. The notice shall include the following information:

a.

A description of the property by street address, parcel number, or other reference sufficient to identify the property.

b.

A description of the violations that exist on the property.

c.

Reference to the specific legal authority under which the enforcement action is being taken.

d.

A time limit for correcting the violation, in compliance with subsection (2).

e.

A statement outlining the penalties for violating the provisions of this Code.

f.

A statement that the City intends to charge the property owner for all enforcement and administrative costs associated with the abatement of the violation, in compliance with Section 44-638 and/or initiate legal action as described in Section 44-637.

g.

A statement that the property owner may request and be provided a meeting with City representatives to discuss possible methods and time limits for the correction of the violations.

h.

Other information that the City deems pertinent to obtain compliance.

(2)

Time limit for correction.

a.

The specific time period for correcting the violations shall be determined by the Community Development Director and shall be based on the severity of its impact upon the community and surrounding properties and the amount of time and expense estimated to be necessary to correct the violation.

b.

The written notice shall state that the violation shall be corrected within the specified number of days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the Community Development Director within the specified time to arrange for a longer period for correction.

c.

The Community Development Director may approve a time extension where it is determined that the responsible party would likely correct the violation within a reasonable time.

d.

If the Community Development Director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the Community Development Director may require immediate corrective action.

(3)

Use of other enforcement procedures. The enforcement procedures of Section 44-637 may be employed by the Community Development Director after or instead of the provisions of this section where the Community Development Director determines that this section would be ineffective in securing the correction of the condition/violation within a designated/reasonable period of time.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-637. - Legal remedies.

In order to enforce the regulations and standards of this chapter, the City may choose to undertake legal actions as prescribed in Section 2-350 through 2-352.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-638. - Recovery of costs.

This section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this chapter and other related ordinances of the City, in cases where no entitlements are required to correct a violation. The intent of this section is to recover City administrative and legal costs reasonably related to the required enforcement actions.

(1)

Record of costs.

a.

The Community Development Director shall maintain records of all administrative costs, incurred by responsible City departments, associated with the processing of violations and enforcement of the Code, and shall recover the costs from the property owner, in compliance with this section.

b.

Staff time shall be calculated at an hourly rate as established and revised from time to time by resolution of the City Council.

(2)

Summary of costs and notice.

a.

At the conclusion of the case, the Community Development Director shall send a summary of costs associated with enforcement to the responsible party by United States mail. The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing on the charges for City cost recovery within ten days of the date of the notice, and that if no request for hearing is filed, the responsible party shall be liable for the charges.

b.

In the event that no request for hearing is filed or, after a hearing, the responsible party shall be liable to the City in the amount stated in the summary or any lesser amount determined by the City Manager.

(3)

Request for hearing on costs. A responsible party who receives a summary of the costs shall have the right to a hearing before the City Council on any objections to the charges.

a.

A request for hearing shall be filed with the City within ten days following the date of mailing the summary of costs.

b.

Within 30 days of the filing of the request, and on ten days' written notice to the responsible party, the City Council shall hold a hearing on the party's objections and determine their validity.

c.

In determining the validity of the costs, the City Council shall consider whether total costs are reasonable and necessary in the circumstances of the case.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-639—44-664. - Reserved. DIVISION 7. - AMENDMENTS[[6]]

Footnotes:

--- ( 6 ) ---

State Law reference— Procedure for amending a general plan, Government Code § 65350; procedure for amendment to zoning ordinance, Government Code § 65853.

Sec. 44-665. - Purpose.

The purpose of this division is to provide procedures for the amendment of the general plan, the zoning map, and this chapter, whenever required by public convenience, health, safety, and general welfare. In addition, State law (Government Code § 65400 et seq.) requires that the general plan be periodically updated.

(Ord. No. 2015-01, § 3, 5-5-2015)

State Law reference— Duties of local planning agency to periodically update general plan, Government Code § 65400 et seq.

Sec. 44-666. - Authority.

Authority for the approval of amendments to the general plan, the zoning map, and this Development Code shall be vested in the City Council. The Community Development Director shall provide written recommendations to the City Council regarding the amendments.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 26, 5-3-2016)

Sec. 44-667. - Hearing required.

A public hearing in compliance with Division 2 of this article shall be required.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-668. - Amendments requiring general plan amendment.

Amendments to zoning district designations or text of this chapter that are not consistent with the adopted general plan shall be accompanied by a general plan amendment application.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-669. - Method of adoption.

(a)

General plan. Amendments to the general plan shall be adopted by resolution of the City Council.

(b)

Zoning map and this chapter. Amendments to the zoning map or this chapter shall be adopted by ordinance.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-670. - General plan consistency.

The City Council may amend all or part of the general plan, or any element thereof. Zoning districts, specific plans, and other plans of the City that are applicable to the same area or matter affected by the general plan amendment shall be reviewed and amended concurrently as necessary to ensure consistency with the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-671. - City council action on amendments.

Upon receipt of the Community Development Director's recommendation, the City Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in section 44-672.

(Ord. No. 2015-01, § 3, 5-5-2015; Ord. No. 2016-06, § 27, 5-3-2016)

State Law reference— Procedure for modification of proposal or amendment to zoning ordinance by legislative body not previously considered by the Planning Commission, Government Code § 65857.

Sec. 44-672. - Findings for amendments.

An amendment to the general plan, zoning map, or this chapter may be approved only if all the following findings can be made. It is the responsibility of the applicant to establish evidence in support of the required findings.

(1)

Mandatory required findings for all amendments. The following shall be required for all amendments to the general plan, zoning map, and this chapter:

a.

The proposed amendment is consistent with all of the applicable objectives, policies, general land uses, programs, and actions of all applicable elements in the general plan.

b.

The proposed amendment shall not be detrimental to the public convenience, health, safety, or general welfare of the City.

c.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

(2)

Additional required finding for zoning map amendments. The site is physically suitable, including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints, for the requested zoning designation and anticipated land use development.

(3)

Additional required finding for this chapter amendments. The proposed amendment is internally consistent with other applicable provisions of this chapter.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-673. - Limits on general plan amendments.

Except as otherwise provided in State law, no mandatory element of the general plan shall be amended more frequently than four times during a calendar year. Each amendment may include more than one change to the general plan.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-674—44-704. - Reserved.

DIVISION 8. - NONCONFORMING LOTS, BUILDINGS, AND USES