Article III — DISCONTINUANCE OF LAND USE APPROVALS

Notwithstanding any other provisions of this Code to the contrary, the Director of Community Development may require the modification, or discontinuance of any land use if it is found that the land use constitutes a public nuisance because it, as operated or maintained:

a.

Jeopardizes or adversely affects the public health, peace or safety of persons residing or working on the premises or in the surrounding area.

b.

Has resulted in repeated nuisance activities, including but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passers by, loitering, theft, assaults, acts of vandalism, excessive littering, illegal parking, or police detentions and arrests.

c.

Adversely impacts nearby uses.

d.

Violates any provision of this chapter, or any other local, state, or federal law or regulation.

(Ord. No. 2927, § 1, 7-13-2010)

This article shall apply to all single-family and multifamily residential uses, including residential hotels as defined in California Health & Safety Code Section 50519. This article shall not apply to hotels or motels that are not residential hotels. Nothing in this article is intended to supersede or abrogate the rights of tenants provided by state law or other provisions of this Code.

(Ord. No. 2927, § 1, 7-13-2010)

It shall be unlawful to violate or fail to comply with any requirement or condition imposed by the Enforcement Official, the Planning Commission, or the Board of Supervisors pursuant to this article. Violation or failure to comply shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this chapter.

(Ord. No. 2927, § 1, 7-13-2010)

The procedures, remedies and penalties applicable to a violation of this article and for recovery of costs related to enforcement are as set forth herein this chapter.

(Ord. No. 2927, § 1, 7-13-2010)

The Community Development Department shall issue an order to vacate the property where the land use or discretionary zoning approval has been discontinued by the property owner or his/her agent and an unauthorized use has commenced or said approval has been revoked. The order to vacate shall be sent to the property owner, lessees, occupants, and to all persons shown in the title report as having an ownership interest.

(Ord. No. 2927, § 1, 7-13-2010)

Whenever the land use or discretionary zoning approval that is revoked is a residential rental use and is found unsafe to occupy, the costs and expenses of relocation of any tenant from that property shall be the responsibility of the property owner to the extent authorized by law.

(Ord. No. 2927, § 1, 7-13-2010)