Rancho Palos Verdes Municipal Code Ch. 17.86 Enforcement

This chapter ensures compliance with the provisions of title 16 (Subdivisions) and this title.

(Code 1981, § 17.86.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Formal rules of evidence or procedure which are followed in court shall not be applied to hearings before the city council or planning commission. No action, inaction or recommendation regarding any planning or zoning matter by either the city council or planning commission or any staff member shall be held void or invalid or be set aside by any court on the ground of the improper consideration or rejection of evidence or by reason of any error or otherwise in any of the administrative or legislative procedures, so long as such error was not prejudicial and the omission of such error would not have afforded a different decision by the city council, planning commission or staff.

(Code 1981, § 17.86.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Within each district, any use not specifically listed as permitted shall be prohibited unless the planning commission finds such use to be similar to and no more intensive than permitted uses in that district.

(Code 1981, § 17.86.030; Ord. No. 194, § 19, 1985; Ord. No. 320, § 7(part), 1997)

It shall be the duty of the director or an authorized agent of the director to enforce the provisions of this title. This duty shall include taking such legal action as may be necessary to ensure compliance.

(Code 1981, § 17.86.040; Ord. No. 75(part), 1975; Ord. No. 320, § 7(part), 1997)

A. The city shall not accept for processing or grant:

1. Any application for a development, use or other permit or entitlement on any lot or parcel on which the director has verified that a violation of this code exists; or

2. A view restoration or a view preservation application submitted by the owner of a lot or parcel on which the director has verified that a violation of this code exists.

An application may be accepted or granted by the city if the subject lot or parcel is brought into compliance with this municipal code, either by removing the violation or by submitting an application to legalize the violation and a permit or approval is granted pursuant to subsection (B) of this sectioin.

B. Notwithstanding an existing violation of this code, the planning commission may authorize a permit or approval under this code if it finds:

1. The permit or approval must be granted by virtue of applicable law or in order to permit the applicant a reasonable economic use of the property, in which case the permit or approval shall be conditioned upon elimination of the existing code violations; or

2. The use or activity for which the permit or approval is sought will substantially contribute to the reduction or elimination of the existing code violations and immediate, total elimination of those violations is infeasible or would constitute an unreasonable burden upon the applicant.

C. A determination of violation pursuant to subsection A of this section and a permit or approval granted pursuant to subsection B of this section may be appealed by any interested person pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.86.050; Ord. No. 320, § 7(part), 1997; Ord. No. 356, § 7, 2000; Ord. No. No. 575, § 7, 12-15-2015)

The officer or body taking final action granting any permit pursuant to the provision of this title may, after following the same procedures utilized for approving such a permit, revoke or suspend the permit if:

A. The permit was issued erroneously;

B. The permit was issued on the basis of incorrect or fraudulent information supplied by the applicant;

C. The permit was issued contrary to the provisions of this Code; or

D. The permit is being or recently has been, exercised contrary to the terms or conditions of such permit.

No permit shall be revoked prior to providing a ten calendar day written notice to the holder of the permit and an opportunity to be heard before the officer or body considering revocation or suspension of the permit. Any decision to revoke or not to revoke a permit, other than a decision by the city council, may be appealed by any interested party pursuant to chapter 17.80 (Hearing notice and appeal procedures) of this title.

(Code 1981, § 17.86.060; Ord. No. 175, § 19, 1983; Ord. No. 320, § 7(part), 1997)

A. Any permit or approval granted under this title shall become null and void unless the applicant commences upon the permitted use within the time permitted by subsection (B) of this section, unless another provision of this title or a provision of the approval or permit itself provides a different period for the permit or approval in issue. For purposes of this section, an applicant has commenced upon a permitted use if:

1. The applicant has submitted an application for a building permit, if such a permit is required for the permitted use;

2. The applicant has begun development and no building permit is required for the permitted use;

3. The applicant has occupied a property and commenced the permitted use, if no development is required for the permitted use; or

4. The applicant has complied with all conditions applicable to the permit or approval, if subsections (A) (1) through (3) of this section do not apply to the permit or approval at issue.

B. Any development permit application initially approved by the director or their designee pursuant to this title, or any permit or approval granted by the planning commission or city council on appeal, shall be valid for 180 calendar days from the date of final action on the permit or approval. All such permits and approvals shall be null and void after that time, unless the applicant has commenced upon the use, as the phrase is defined in subsection (A) of this section. In addition, such permits and approvals shall be null and void if after submitting an application for a building permit, as described in subsection (A)(1) of this section, said permit is allowed to expire or is withdrawn by the applicant. Upon a showing of substantial hardship, delays beyond the control of the applicant, or other good cause, the final approving body of the original permit or approval may extend this period one time for up to an additional 180 calendar days.

C. With the exception of permits or approvals approved in conjunction with a parcel map or tract map, any development permit application initially approved by the planning commission or city council pursuant to this title, including approvals granted by the city council on appeal, shall be valid for one year from the date of final action on the permit or approval. All such permits shall be null and void after that time unless the applicant has commenced upon the use, as that phrase is defined in subsection (A) of this section. Upon a showing of substantial hardship, delays beyond the control of the applicant or other good cause, the planning commission or city council may extend this period one time for up to one additional year. The expiration of permits approved in conjunction with a parcel map or tract map pursuant to title 16 (Subdivisions) of this code shall be coincidental with the expiration of the parcel map or tract map.

D. Any development permit application deemed null and void by this section may be reissued by the director provided the following occurs:

1. No changes have been made or will be made to the originally approved plans;

2. The development permit application has not been null and void for more than one year; and

3. A fee of one-half the original application fee is paid by the applicant.

(Code 1981, § 17.86.070; Ord. No. 320, § 7(part), 1997)

The fees and charges made pursuant to title 16 (Subdivisions) and this title and other policies of the city shall be doubled, when work requiring a permit has been started or carried on prior to obtaining said permit or if said permit is allowed to expire or is withdrawn by the applicant. A nonrefundable penalty fee, as established pursuant to city council resolution, shall be charged for applications for which the fees are based on deposits against charges. If a property owner can demonstrate to the satisfaction of the director that an unpermitted structure which is the subject of an after-the-fact application was constructed prior to the current property owner taking title to the property and was not disclosed by the previous property owners, then the penalty fees may be waived by the director.

(Code 1981, § 17.86.080; Ord. No. 175, § 20, 1983; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 34, 11-15-2011)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates or causes the violation of any of the provisions of this title or title 16 (Subdivisions) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000.00, or by imprisonment for a term not to exceed six months, or by both such fine and imprisonment. Each person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title or title 16 (Subdivisions) is committed or continued by such a person, firm or corporation.

(Code 1981, § 17.86.090; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. Any court action or proceeding to attack, review, set aside, void or annul any decision regarding the general plan or any matter mentioned in this title or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within 30 days after the date on which such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations.

B. Any court action brought pursuant to Code of Civil Procedure § 1094.5 to attack, review, set aside, void or annul any decision denying an application for a permit or revoking a previously granted permit, shall not be maintained by any person unless such action is commenced within 90 days after the date on which such decision becomes final. This subsection has been adopted pursuant to Code of Civil Procedure § 1094.6.

(Code 1981, § 17.86.100; Ord. No. 78(part), 1975; Ord. No. 111, § 1, 1978; Ord. No. 320, § 7(part), 1997)