Menifee Zoning Code Ch. 9.20 Enforcement

Contents:

9.20.010 Purpose

9.20.020 Authority to Enforce

9.20.030 Violations and Enforcement

9.20.040 Revocation or Modification

This chapter establishes the authority and process for enforcement of the requirements of this Title and any conditions of approval for the planning permits and approvals identified in this Title for purposes of protecting the public health, safety, and welfare of the City.

The City Manager, Community Development Director, Building Official, Code Enforcement Officer, or designees, may issue citations for any violations of this Title pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure. Other officials of the City charged by the law with the general duty of enforcing City ordinance may also enforce the provisions of this Title.

1. Violations – Effect on Approval or Permit.

2. Upon violation of any applicable provision of this Title or, if granted subject to conditions, upon failure to comply with conditions, or due to a change in conditions occurring after the original grant of permit which change in conditions makes the continuation of said permit or approval incompatible with the general welfare of the surrounding neighborhood, said permit or approval may be suspended automatically.

3. A public hearing shall be held in accordance with the procedures outlined in Section 9.20.040 (Revocation or Modification) for discretionary permits and approvals.

4. Enforcement. Enforcement of this Title shall be as provided in Chapter 1.03 (Administrative Citations), or other applicable sections of the Municipal Code.

1. Purpose. Notwithstanding the provisions of Section 9.30.120 (Modifications to Previously Approved Permits), this section provides procedures for the revocation or modification of previously approved permits or entitlements as follows:

2. Revocations. The City’s action to revoke a permit shall have the effect of terminating the permit and denying the privileges granted by the original approval.

3. Modifications. The City may choose to allow the modification of the operational characteristics or development requirements within the allowances of this Title instead of revoking a permit. These modifications may include operation aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.

4. Applicability.

5. Revocation or modification proceedings for any discretionary permit or approval granted in accordance with this Title may be initiated by the City if any of the following apply:

6. A violation of conditions of approval or applicable development standards exists.

7. The permit was obtained by misrepresentation or fraud.

8. The use has become detrimental to the public health or safety or constitutes a nuisance.

9. Circumstances under which the permit was granted have changed to a degree that affects the validity of the findings contained in the original permit.

10. Modification as used in this section is limited to modifications as specified in Subsection 9.20.040.A.2 and is distinct from the procedures for modifications to previously approved permits as described in Section 9.30.120 (Modifications to Previously Approved Permits).

11. Notice of Intent to Initiate Revocation or Modification Proceedings. Such revocation may be initiated by adopting a Resolution of Intention, which is a resolution indicating the City’s intent to revoke or modify the permit. Such resolution may be adopted by either the Planning Commission or the City Council. The Resolution shall allow reasonable opportunity for the permittee to correct the noncompliance to the satisfaction of the City. Such reasonable opportunity for correction may be provided by scheduling a hearing on the revocation, for a date which will allow reasonable time for correction.

12. Approving Authority.

13. The Planning Commission shall be the designated approving authority for consideration of a revocation or modification of a permit where the Director or Planning Commission was the original approving authority as specified in Section 9.30.090.

14. The City Council shall be the designated approving authority for consideration of a revocation or modification of a permit where the City Council was the original approving authority as specified in Section 9.30.090.

15. Noticed Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 9.30.080 (Public Hearing and Public Notice).

16. Findings. A land use permit may be revoked or modified by the applicable approving authority as specified in Subsection 9.20.040.D (Approving Authority) if any of the following findings can be made:

17. Circumstances under which the permit was granted have been changed to a degree that one or more of the findings contained in the original permit can no longer be met.

18. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing for the permit.

19. One or more of the conditions of the permit has not been substantially fulfilled or has been violated.

20. The improvement or use authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation or statute.

21. The improvement or use allowed by the permit has become detrimental to the public health, safety and general welfare, or the manner of operation constitutes or is creating a public nuisance.