Ridgecrest Municipal Code § 106-65 Construction

It is the duty of the city planning commission to ensure the proper administration of this chapter, and the commission shall have the power to establish such policies, rules and regulations not in conflict with any regulations of the city as are reasonably necessary for that purpose.

(Code 1980, § 20-1.10; Ord. No. 84-08, A 1, § 110)

(a) The director of community development shall have the primary duty to enforce the provisions of this chapter.

(b) If the director determines that the provision of this chapter or any condition of a permit issued under this chapter is being violated, the director shall notify the property owner and the permittee in writing, describing in reasonable detail the violation alleged to have been committed. The permittee shall have 14 days from date of mailing to correct the violation.

(c) If the property owner or the permittee does not correct the violation the director shall give notice of revocation of the permit in writing, describing in reasonable detail the violation alleged to have been committed or to exist and shall serve the notice on the property owner or the permittee in person or by certified first class mail at the address listed in the permit application.

(d) The property owner or the permittee may appeal the determination of the director by filing a written notice of appeal with the secretary of the planning commission no later than 30 days after the date of the notice of the revocation. At the hearing, the burden of proof shall be with the director to prove the violation by a preponderance of the evidence. The commission shall confirm, reverse or modify the director's decision. The decision shall be final unless appealed. On appeal, the decision of the commission shall be final.

(Code 1980, § 20-1.11; Ord. No. 84-08, A 1, § 111; Ord. No. 91-12, § 10)

The planning director or his representative 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. In no case shall any structure be entered in the absence of the owner or tenant or without the consent of the owner or tenant or the written order of a court of competent jurisdiction. The planning director may serve notice requiring the removal of any structure or use in violation of this chapter 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 city attorney is authorized to institute appropriate actions for the enforcement of this chapter. The planning director may call upon the chief building official, the chief of police or their authorized agents in the enforcement of this chapter.

(Code 1980, § 20-1.12; Ord. No. 84-08, A 1, § 112)

(a) Any person, firm, corporation or organization violating any provisions of this chapter shall be guilty of an infraction.

(b) Any structure erected, moved, altered, enlarged or maintained and any use of a site or portion of a site contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance, and the city attorney may 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, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or using the site contrary to the provisions of this chapter.

(Code 1980, § 20-1.13; Ord. No. 84-08, A 1, § 113)

The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this chapter:

(1) Words used in the present tense include the future tense.

(2) Words used in the singular include the plural, and words used in the plural include the singular.

(3) The words "shall" and "must" are mandatory; the word "may" is permissive.

(4) The masculine shall include the feminine and neuter.

(5) In the event that there is any conflict or inconsistency between the heading of an article, section or paragraph of this chapter and the context thereof, said heading shall not be deemed to affect the scope, meaning or intent of such context.

(6) The word "oath" shall include affirmation.

(Code 1980, § 20-1.14; Ord. No. 84-08, A 1, § 114)

(a) The term "city" shall mean the City of Ridgecrest, California. The terms "city council" and "council" shall mean the city council of the City of Ridgecrest. The terms "planning commission" and "commission" shall mean the planning commission of the City of Ridgecrest, California, duly appointed by the city council. The terms "city clerk," "city engineer," "city manager," "chief building official" and "planning director" means the city clerk, city engineer, city manager, chief building official and director of planning and community development, respectively, of the City of Ridgecrest.

(b) The term "secretary" shall mean the secretary to the planning commission duly appointed by the city council. The term "zone map" shall mean the officially adopted zone map in accordance with article III of this chapter.

(Code 1980, § 20-1.15; Ord. No. 84-08, A 1, § 115)

(a) The city council shall, from time-to-time, establish fees for the cost of reviewing each application for a permit or entitlement to use as set forth in this chapter including all costs incurred by staff, the planning commission and council to review applications, and appeals and to provide legally required notices and other necessary reports and recommendations. Such fees shall also be adequate to recover the cost, if any, of conducting the environmental review associated with the permit or entitlement for use.

(b) Director of community development may establish fees for miscellaneous services and materials not set by council action provided the director shall establish no fee in excess of the cost of providing the service or material for which the fee is levied and provided further the director shall submit a report to the council at least 20 days before the effective date of the fee. The fee shall not be effective if the city council disapproves.

(Code 1980, § 20-29; Ord. No. 87-08, § 2)