Manhattan Beach Municipal Code Ch. 10.104 Enforcement

All persons empowered by the City Code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this title and grant no permit, license, certificate, nor approval in conflict with said provisions. Any permit, license, certificate, or approval granted in conflict with any provision of this title shall be void.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)

The Community Development Director shall enforce all provisions of this title related to discretionary permits, zoning permits, building permits, and certificates of occupancy. All other officers of the City shall enforce provisions related to their areas of responsibility.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 14, 1996)

A. Duties of Community Development Director, Planning Commission, and City Council. Upon determination that there are reasonable grounds for revocation or modification of a use permit, variance, development plan approval, or other discretionary approval authorized by this title, a hearing shall be set by the Community Development Director, Planning Commission, or the City Council.

B. Notice and Public Hearing. Notice shall be given in the same required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation and/or modification hearing, provided that notice shall be mailed to the owner of the use or structure for which the permit was granted at least ten (10) days prior to the hearing. Contents of any notice shall be as prescribed by Section 10.96.040(C).

C. Hearing. The person or body conducting the hearing shall hear testimony of City staff and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard. A public hearing may be continued without additional public notice.

D. Required Findings. The person or body conducting the hearing shall revoke or modify the conditions of permit upon making one or more of the following findings:

1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation;

2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated;

3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for twelve (12) consecutive months.

E. Decision and Notice. Within ten (10) working days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the owner of the use or structure for which the permit was revoked, or conditions modified, and to any other person who has filed a written request for such notice.

F. Effective Date—Appeals. A decision to revoke, or modify, the conditions of a discretionary permit shall become final ten (10) days after the date of the decision, unless appealed.

G. Right Cumulative. The City's right to revoke, or modify, a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996)

Unless otherwise provided, any person, firm or corporation violating any provision of this title shall be guilty of a misdemeanor; provided, however, that any violation of this chapter may be charged as an infraction at the discretion of the City Prosecutor. Each day or portion thereof that such violation continues or reoccurs shall be a new and separate violation. For purposes of this title, both the owner of record of a specific property and any tenant in possession shall be liable for compliance with all of the provisions of this title. Nothing in this section shall preclude the City from bringing a civil action to enforce the provisions of this title.

(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91; § 2, Ord. 1951, eff. July 4, 1996; § 2, Ord. 2052, eff. February 19, 2004)

Any person who violates any provision of this title and is convicted of an infraction shall be punished by fines as prescribed in Government Code Section 36900. Any person who violates any provision of this title and who is convicted of a misdemeanor shall be punishable by fines as prescribed by Government Code 36900 or six (6) months in jail, or both. Payment of any fine or penalty shall not relieve a person, firm or corporation from the responsibility of correcting the condition consisting of the violation.

(Ord. No. 1838, Renumbered, 07/05/91)