§ 10.112

A. 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 Article and shall issue no permit, certificate, or license which conflicts with the provisions of this Zoning Code. Any permits, certificates, or licenses issued in conflict with the provisions of this Zoning Code shall be void.

B. Before issuing a business license for any new business or for a new location for any existing business activity, the Community Development Director or their designee, or other authorized licensing official within the Community Development Department, shall issue a Zoning Clearance. (Ord. 2024-001, 9-10-2024)

A. Duties. The Community Development Director or their designee shall be the official responsible for the enforcement of this Title. In the discharge of their duty, the Director 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 written permission from the owner or the written order of a court of competent jurisdiction. The Director may serve notice requiring the removal of any structure or use in violation of this Title to the owner or their authorized agent, on a tenant, or on an architect, builder, contractor, or other person who commits or participates in any violation. The Director may request the City Attorney to institute necessary legal proceedings to enforce the provisions of this Title, and the City Attorney is hereby authorized to institute appropriate actions to that end. The Director may call upon the Chief of Police and his authorized agents to assist in the enforcement of this Title.

B. Arrest and Citation Powers. The Community Development Director, and such other persons as shall be designated by the Director, are hereby designated under this Code with all power, duty, rights, authority, and responsibility pertaining thereto. They shall have the right, authority, and duty to exercise the responsibilities of the office in accordance with the provisions of this Code.

C. In accordance with the provisions of Penal Code Section 836.5, the Community Development Director, and all others authorized by the Director, shall have the power of arrest and citation as described in Penal Code Section 836.5 and Chapter 5C (commencing with Section 853.6) with regard to any violation of the provisions of Title 9 (Building Regulations) of the City Code pertaining to building regulations and the provisions of California State law pertaining to the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, all primary and secondary codes thereto, Uniform Mechanical Code, Uniform Housing Code and Uniform Code for the Abatement of Substandard or Dangerous Buildings, plus provisions of this Title 10 (Zoning Regulations) pertaining to zoning and Title 11 (Subdivision Regulations) pertaining to subdivisions and other divisions of land. These powers shall be exercised in accordance with the provisions of California law pertaining to citation authority for these purposes; provided however, the Director shall not have any other power to take persons into custody except for the purpose of exercising restraint of any person who fails or refuses to execute a written promise to appear and then only until such time as the assistance of a police officer or other peace officer can be obtained; and provided further, the provisions hereof do not create any other peace officer status or authority on the Director except as described in this Chapter. (Ord. 2024-001, 9-10-2024)

A. Application Fees. The City Council authorizes the collection of fees relating to applications administered under this title. Said fees shall be established by the Master Fee Schedule.

B. Development Impact Fees. Development impact fees shall comply with the following standards:

1. Authority To Impose and Charge. The City Council is hereby granted authority to establish and charge development impact fees as a condition of approval of a development project for the purpose of defraying the costs of public facilities (including public improvements, public services, and community amenities) related to development projects. Development impact fees may be established and charged to pay for the cost of development of transportation facilities, law enforcement facilities, fire protection facilities, general government facilities, storm drainage facilities, wastewater facilities, water facilities, and parks and recreation facilities.

2. In enacting resolutions establishing and imposing such development impact fees, the City Council shall establish the specific amount of the fee, describe the benefit and impact area on which the development impact fee is imposed, list the specific public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between the fees and the various types of developments, and establish the time for payment.

3. The City Council may further provide by resolution that specific limitations will apply to reductions, adjustments, waivers or deferrals of development impact fees, and the City Council may, in such resolution, establish such specific limitations.

4. Such resolutions shall be adopted in accordance with the provisions of Government Code Chapter 5, Division 1 of Title 7 (commencing with Section 66000).

5. With regard to storm drain facilities impact fees, no less than fifty percent (50%) of such current impact fees collected by the City shall be spent on projects that specifically result in Kings River water being recharged to the aquifer underlying the City. Recharge shall take place at location(s) no farther than three miles from the City limits, unless approved by any applicable government agency(ies). Unless otherwise required to do so by law, the City shall not decrease the amount of storm drain facilities impact fees below the amount reflected in the applicable development impact fee schedule. The City shall maintain this practice in full force and effect until the first of either of the following occurs:

a. The City achieves overall groundwater sustainability; or

b. The groundwater sustainability agency of which the City is a member has an approved plan to achieve sustainability.

In calculating overall groundwater sustainability, the City may include offsets for recharge, including at those locations for which development impact fees or other City funds were used to create recharge facilities whether within or outside of the current City limits. (Ord. 2024-001, 9-10-2024)

A. Any person violating any provision of this Zoning Code shall be guilty of a misdemeanor or, at the discretion of the City Attorney, an infraction. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this Zoning Code is committed, continued, or allowed by the person.

B. Any structure erected, moved, altered, enlarged or maintained and any use of a parcel contrary to the provisions of this Title shall be and is hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately institute necessary legal proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps as may be necessary to accomplish these ends, and shall apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person from erecting, moving, altering or enlarging the structure or using the parcel contrary to the provisions of this Title.

C. All remedies provided for in this Chapter shall be cumulative and not exclusive. (Ord. 2024-001, 9-10-2024)