Ridgecrest Municipal Code § 106-96 Appeals; general

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 chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permit, certificate or license issued in conflict with the provisions of this chapter shall be void.

(Code 1980, § 20-28.1; Ord. No. 84-08, A 28, § 2801)

(a) It shall be the duty of the planning director or his authorized representative, and any other officers of the city charged by law with the enforcement of the provisions of this chapter to enforce this chapter and all of its provisions.

(b) All departments, officials and public employees of the city who are vested with the duty and authority to issue licenses and permits when required by law shall conform to the provisions of this chapter.

(Code 1980, § 20-28.1; Ord. No. 84-08, A 28, § 2802)

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

(b) Any structure erected, moved, altered, enlarged or maintained and any use of a site contrary to the provisions of this chapter, or as otherwise unlawfully created prior to the effective date of the ordinance from which this chapter is derived, 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, 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, § 20-28.3; Ord. No. 84-08, A 28, § 2803)

Except as otherwise provided in this chapter or chapter 105 or required by state law, appeals may be taken only by:

(1) Citizens affected by such decision;

(2) Property owners or a group of property owners affected by such decision;

(3) Any governmental agency or other entity owning property which may be affected by such decision; or

(4) The city council.

(Code 1980, § 20-28.4; Ord. No. 92-09, § 7)

(a) Whenever the provisions of this chapter or chapter 105 delegate the authority to carry out any of the provisions of this chapter to any city officer or employee, the decision of such person shall be final, subject to appeal to the planning commission. A written appeal must be filed with the community development director within ten calendar days of the date that the notice of the decision from the authorized individual was given to the applicant.

(b) The appeal shall state why the decision appealed from is not in accord with the purposes of this chapter, and shall describe an error or an abuse of discretion. The appeal shall also set forth the requested relief.

(c) The planning commission shall consider the appeal at a public hearing and approve, conditionally approve, or deny the appeal. Notice of the time and place of said hearing shall be given at least ten calendar days before the hearing.

(Code 1980, § 20-28.6; Ord. No. 92-09, § 8)

(a) The decisions of the planning commission may be appealed to the city council. The appeal shall be filed with the city clerk within ten calendar days of the date of the planning commission's decision. No appeals to the city council may be taken by any person or entity not appearing either in person or in writing before the planning commission.

(b) The appeal shall state why the decision appealed from is not in accord with the purposes of this chapter, and shall describe an error or an abuse of discretion. The appeal shall also set forth the requested relief.

(c) Except as required by Government Code § 65856, the city council may, without public hearing, approve the action of the planning commission and deny the appeal. If the city council decides to accept the appeal and review the action taken by the planning commission, the city council shall affirm, reverse, or modify the decision of the commission at a regular meeting. Notice of the time and place of said hearing shall be given at least ten calendar days before the hearing in the same form as that required for appeals to the planning commission.

(Code 1980, § 20-28.6; Ord. No. 92-09, § 9)