Chapter 22.06 — ADMINISTRATION AND ENFORCEMENT

The Planning Commission shall be established and have the duties and powers prescribed for it as provided in Section 2.24.010 of this Code.

(Prior code § 10,101.0; Ord. 822 C.S. § 2, 1975)

• A. The duties of the Board of Adjustments shall be performed by the Zoning Administrator, or the Planning Commission, as directed by the Planning and Building Director in accordance with current application levels.

• B. The Board of Adjustments shall hear and decide upon all requests for the following actions when the preparation of an Environmental Impact Report has not been required:

  1. Variances;

  2. Sign permits;

  3. Divisions of land into four or less parcels;

  4. Such other matters as may be specifically assigned by ordinance, order or referred by the City Planning Commission or City Council.

• C. The Zoning Administrator may render a decision on the request or may refer the matter to the Planning Commission. The Zoning Administrator shall not act on any proposal or request for which an Environmental Impact Report is required.

(Prior codes 10,101.1; Ord. 822 C.S. § 2, 1975; Ord. 1041 C.S. § 2, 1985)

The Board of Appeals shall be comprised of the voting members of the Planning Commission. The Board of Appeals shall have the power to hear and decide all appeals from decisions of the Board of Adjustments.

(Prior code § 10,101.2; Ord. 822 C.S. § 2, 1975)

Applications for rezoning, zoning amendments, conditional use permits, variances, divisions of land, subdivisions, design review, sign permits or any other matter designated to come before the planning agency shall be made to the Planning Department. The Planning Department shall collect fees upon receipt of an application in an amount specified by resolution of the City Council. The application forms shall specify exhibits, documents and information required to be filed with the application.

(Prior code § 10,101.3; Ord. 822 C.S. § 2, 1975)

Any member of the Council shall have the authority to request the Council to review any

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City of Martinez, CA

MARTINEZ CODE

§ 22.06.050

§ 22.06.080

decision of the Board of Appeals or the Planning Commission by either making such request orally at a Council meeting following the Commission meeting at which such decision was made or by filing a written request with the City Clerk, provided that the oral or written request is made prior to the expiration of the time during which an appeal can be made. Any member of the Planning Commission shall have the same right to request review of a Zoning Administrator decision. When such review is requested, the decision shall be considered as appealed. However the person requesting the review shall have full participation rights in the second hearing.

Appeals of administrative decisions by City Planning Director or City Building Official may be made to the Board of Adjustments. Appeals of decisions of the Board of Adjustments may be made to the Board of Appeals, or City Planning Commission. Appeals of decisions by the Board of Appeals or Planning Commission may be made to the City Council. Appeals shall be made within ten (10) calendar days of the date a decision was rendered and shall be made in the manner specified in this Chapter.

(Prior code § 10,101.4; Ord. 822 C.S. § 2, 1975; Ord. 987 C.S., 1983; Ord. 1041 C.S. § 2, 1985)

In the absence of appeals, the decision of the City Planning Director City Building Official, Board of Adjustments, Board of Appeals and City Planning Commission shall be final. When appealed to the City Council the decision of the City Council shall be final. (Prior code § 10,101.5; Ord. 822 C.S. § 2, 1975)

All officials, departments and employees of the City vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this Title and shall issue no permit, certificate or license which conflicts with the provisions of this Title. Any permit, certificate or license issued in conflict with the provisions of this Title shall be null and void. (Prior code § 10,122.0; Ord. 822 C.S. § 2, 1975)

The Building Inspector shall be the official responsible for the enforcement of this Title. In the discharge of this duty the Building Inspector shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The Building Inspector may serve notice requiring the removal of any structure or use in violation of this Title on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Building Inspector may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this Title and the City Attorney is authorized to institute appropriate actions to that end. The Building Inspector may call upon the Chief of Police and his authorized agents to assist in the enforcement of this Title.

(Prior code § 10,122.1; Ord. 822 C.S. § 2, 1975)

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City of Martinez, CA