Article 34 — Revocations and Modifications

• (a) The purpose of Title 10, Chapter 2, Article 34 (Revocations and Modifications) is to identify procedures for securing punitive revocation or modification of previously approved entitlements.

• (b) The City's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.

• (c) Modifications.

  • (1) The City's action to modify an entitlement rather than to revoke it shall have the effect of changing the operational aspects of the entitlement.

  • (2) The changes may include the operational aspects related to buffers, duration of the entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing and traffic circulation.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 110, Ord. 941, eff. November 10, 2023)

The applicable review authority may hold a public hearing to revoke or modify any land use entitlements granted in compliance with the provisions of these Zoning Regulations. Fifteen days before the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the land use entitlement was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County, and/or the project applicant. The only exception to this notice requirement shall be for temporary use permits, which only require a 24 hour notice to the applicant.

• (a) A land use entitlement may be revoked or modified by the review authority (e.g., Director, Commission, or Council) which originally approved the entitlement, or the equivalent City review authority, for entitlements originally approved under the County's authority, if any one of the following findings are made:

  • (1) Circumstances under which the entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original entitlement can no longer be made in a positive manner, and the public convenience, health, interest, safety, or welfare require the revocation;

  • (2) The entitlement 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 applicant's testimony presented during the public hearing, for the entitlement;

  • (3) One or more of the conditions of the entitlement have not been substantially fulfilled or have been violated; and

  • (4) The improvement/use authorized in compliance with the entitlement:

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

OJAI CODE

§ 10-2.3402

§ 10-2.3403

  - (A) Is in violation of any Code, law, ordinance, regulation, or statute of the City, State, or Federal government, 

  - (B) Has become detrimental to the public convenience, health, interest, safety, or welfare, or the manner of operation constitutes or is creating a nuisance, or 

  - (C) Has ceased operation or has been abandoned for a minimum period of 180 consecutive days. Abandonment is generally evidenced by the actual removal of structures, machinery, furniture, equipment, or other components of the use, or where there are no business receipts/records available to provide evidence that the use remains in continual operation. 

• (b) A minor variance or variance may be revoked or modified by the review authority which originally approved the entitlement, or the equivalent City review authority, for entitlements originally approved under the County's authority, if any one of the following findings are made:

• (1) Circumstances under which the entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original entitlement can no longer be made in a positive manner, the public convenience, health, interest, safety, or welfare require the revocation, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or

  • (2) One or more of the conditions of the minor variance or variance have not been substantially fulfilled or have been violated, and the grantee has not substantially exercised the rights granted by the minor variance or variance.

• (§ 3, Ord. 771, eff. February 13, 2004)

All revocation and modification actions shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Article 29, Public Hearings; and Article 30, Appeals.

(§ 3, Ord. 771, eff. February 13, 2004)

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

Article 35 Enforcement

The purpose of Title 10, Chapter 2, Article 35 (Enforcement) is to ensure that enforcement of the provisions of these Zoning Regulations and any entitlements granted by the City shall be diligently pursued in order to provide for their effective administration, to secure compliance with any conditions of approval, to promote the City's planning efforts and for the protection of the public health, safety and welfare of the City.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 111, Ord. 941, eff. November 10, 2023)

• (a) The Director shall be responsible for enforcing the provisions of these Zoning Regulations and any conditions imposed on land use entitlements (e.g., conditional use permits) granted by the City and allowed under these Zoning Regulations.

• (b) Any structure or use which is established, operated, erected, moved, altered, enlarged, or maintained, contrary to the provisions of these Zoning Regulations without an explicit written approval from the final review authority (Director, Commission, or Council), or which was established prior to the City enacting any controlling law, is hereby declared to be unlawful and a public nuisance and shall be subject to the remedies and penalties specified in the Municipal Code, and/or revocation procedures identified in the following articles:

  • (1) Article 24, Conditional Use Permits;

  • (2) Article 20, Design Review Permits;

  • (3) Article 21, Home Occupation Permits;

  • (4) Article 25, Minor Variances;

  • (5) Article 23, Planned Development Permits;

  • (6) Article 22, Temporary Use Permits;

  • (7) Article 26, Variances.

• (c) Any land use entitlement or license issued in conflict with these Zoning Regulations shall be deemed void, except for development agreements complying with Section 10-2.3302 (Rules of interpretation), subsection (e)(2).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 112, Ord. 941, eff. November 10, 2023)

• (a) Any person, partnership, organization, firm or corporation, whether as principal, agent, employee, tenant or otherwise, violating any provision of these Zoning Regulations or any condition imposed on an entitlement, map or license or violating or failing to comply with any order made hereunder shall be guilty of an infraction or misdemeanor in compliance

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA § 10-2.3503

OJAI CODE

§ 10-2.3507

with Sections 1-2.01 (Violations as infractions) and 1-2.02 (Violations as misdemeanors), except for development agreements complying with Section 10-2.3302 (Rules of interpretation), subsection (e)(2).

• (b) Any violation of Title 10, Chapter 2, Article 35 (Enforcement)shall also constitute a public nuisance which may be abated in compliance with the procedures identified in Title 5, Chapter 6 (Abatement of Nuisances).

• (c) Any construction in violation of these Zoning Regulations or any condition imposed on a land use entitlement or license shall be subject to the issuance of a "stop work order" except for development agreements complying with Section 10-2.3302 (Rules of interpretation), subsection (e)(2). Any violation of an officially issued stop work order shall constitute an infraction or misdemeanor in compliance with Sections 1-2.01 (Violations as infractions) and 1-2.02 (Violations as misdemeanors).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 113, Ord. 941, eff. November 10, 2023)

All remedies identified in these Zoning Regulations for the handling of violations or enforcement of the provisions of these Zoning Regulations shall be cumulative and not exclusive of any other applicable provisions of City, County, State, or Federal law. Should a person be found guilty and convicted of a misdemeanor for the violation of any provision of these Zoning Regulations, the conviction shall not prevent the City from pursuing any other available remedies to correct the violation.

(§ 3, Ord. 771, eff. February 13, 2004)

• (a) Every applicant seeking an entitlement or any other action in compliance with these Zoning Regulations shall allow the City official handling the application access to any premises or property which is the subject of the application, and the City official shall make the inspections as deemed necessary from time to time throughout the application process.

• (b) If the entitlement is approved, in compliance with these Zoning Regulations, the owner or applicant shall allow appropriate City officials access to the premises in order to determine continued compliance with the approved entitlement and/or any conditions imposed by the review authority.

(§ 3, Ord. 771, eff. February 13, 2004)

The City shall have the authority to impose appropriate fines on any person, firm or corporation violating any provision(s) of these Zoning Regulations or any condition imposed on an entitlement in compliance with Section 10-2.3504 (Remedies are cumulative). The fines shall be included in the City's fee resolution.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 114, Ord. 941, eff. November 10, 2023)

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

PLANNING AND ZONING

§ 10-2.3507

§ 10-2.3509

A person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining an entitlement required by these Zoning Regulations, shall pay the additional entitlement processing fees established by the City's fee resolution, for either or both the Building and Planning Departments, for the correction of the violation, before being granted an entitlement for a use or structure on the site.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 115, Ord. 941, eff. November 10, 2023)

The City shall recover all administrative and legal costs (e.g., staff, legal), reasonably related to the time expended in the enforcement of the provisions of the Municipal Code, including these Zoning Regulations and other related ordinances of the City, in compliance with Section 1-2.05 (Recovery of inspection and code enforcement costs: Certificate of Compliance). (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 116, Ord. 941, eff. November 10, 2023)

• (a) Amount and applicability of reinspection fee.

  • (1) A reinspection fee shall be imposed on each person who receives a notice and order or letter of correction of any provision of the Municipal Code, adopted Building Code, or State law.

    • (A) The fee amount shall be established by the City's fee resolution.

    • (B) The fee may be assessed for each inspection or re-inspection conducted when the particular violation for which an inspection or a re-inspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

  • (2) The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

• (b) Continuation of the original case.

  • (1) If a notice or letter has been previously issued for the same violation and the property has been in violation of the provisions of the Municipal Code, including these Zoning Regulations and other related ordinances of the City, for less than 180 days, the violation shall be deemed a continuation of the original case and all inspections or re-inspections, including the first inspection for the repeated offense, shall be charged a re-inspection fee.

  • (2) This fee is intended to compensate for administrative costs for unnecessary City inspections, and not as a penalty for violating the Municipal Code, including these Zoning Regulations and other related ordinances of the City.

  • (3) Any re-inspection fee imposed shall be separate and apart from any fines or penalties imposed for violation of the Municipal Code, or costs incurred by the City for the

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

OJAI CODE

§ 10-2.3509

§ 10-2.3510

abatement of a public nuisance.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 117, Ord. 941, eff. November 10, 2023)

All enforcement actions shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 1-2.01, Violations as infractions; Section 1-2.02, Violations as misdemeanors; Article 29, Public Hearings; and Article 30, Appeals.

(§ 3, Ord. 771, eff. February 13, 2004)

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA