Chapter 17.160 — APPEALS AND REQUESTS FOR REVIEW

The purpose of an appeal is to establish procedures for the initiation of a request for review of a decision rendered by the approval body with decision authority on the issue in question.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Community Development Director may be appealed to the Planning Commission in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Decisions, either with or without conditions, of an application before the Community Development Director shall be final unless within ten (10) days after the decision by the Community Development Director, the applicant or any other person aggrieved by such decision, shall appeal in writing to the Planning Commission by filing an appeal with the Community Development Department.

B.

Decisions, either with or without conditions, of an application before the Planning Commission shall be final unless within ten (10) days after the decision by the Planning Commission, the applicant or any other person aggrieved by such decision, shall appeal in writing to the City Council by filing an appeal with the City Clerk.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.160.050 - Filing and processing of appeals.

A.

Required Documents. An appeal shall be in writing and contain the grounds for the appeal, how the approval body failed to conform to the requirements of this Title and the description of the grounds.

B.

Scope of Planning Permit Appeals. An appeal of a decision on a planning permit shall be limited to the issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

C.

The appeal shall be accompanied by a fee in the amount set by City Council resolution.

D.

Report and Scheduling of Hearing.

1.

Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing.

2.

When an appeal has been filed, a report shall be prepared on the matter, including all of the application materials in question, and the matter shall be scheduled for a public hearing by the appropriate review authority within forty (40) days of filing of the appeal.

3.

Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review).

4.

Any interested party may appear and be heard regarding the appeal.

E.

Decision.

1.

During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The review authority may:

a.

Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code.

b.

Adopt additional conditions of approval, which may address the issues or concerns other than the subject of the appeal.

2.

If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Community Development Director or Planning Commission, as applicable, for further consideration.

3.

In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

4.

Provision of notice of decision.

a.

Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

b.

The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any City Council person, based on his/her responsibility to the electorate, may file with the City Clerk a "Request for Review" (RFR) of any decision made by the Planning Commission or any discretionary action by the Community Development Director. Any Planning Commissioner based on his/her responsibility to the City Council regarding land use matters may file with the City Clerk a "Request for Review" (RFR) of any discretionary action by the Community Development Director.

A.

Such RFR shall be filed within ten (10) days of the decision, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by elected or appointed officials.

B.

Upon the timely filing of an RFR, the decision shall be suspended until the RFR is determined by the Planning Commission or City Council; and the City Clerk shall immediately:

1)

Notify the Council, Community Development Director, Planning Commission, applicant and all who appeared at the meetings with regard thereto; and

2)

Set the matter for hearing before the Planning Commission or City Council for final determination, as appropriate based on the filing of the RFR, for hearing and determination.

C.

Except as set forth in this section, the procedures of an RFR shall be the same as those for an appeal, as indicated in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.164 - ENFORCEMENT

A.

Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a violation of this Zoning Code and a public nuisance.

B.

The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 17.168 (Revocations and Modifications).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

This Section describes the procedures for initiating enforcement action in cases where the City Manager or any person, department or agency designated by him to enforce the provisions has determined that real property within the City is being used, maintained, or allowed to exist in violation of the provisions of this

Zoning Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by Chapter 1.16 (General Penalty), Chapter 1.20 (Administrative Citations), and this chapter may be avoided.

A.

Notice to Responsible Parties. The City Manager or any person, department or agency designated by him to enforce the provisions shall provide the record owner of the subject site and any person in possession or control of the site with a written Notice of Violation, which shall include the following information:

1.

A description of each violation and citations of applicable Zoning Code provisions being violated;

2.

A time limit for correcting the violation(s) in compliance with Subsection B., below; and

3.

A statement that the City intends to issue an administrative citation in accordance with Chapter 1.20 (Administrative Citations) or enforce penalties outlined in Chapter 1.16 (General Penalty), if violation(s) are not corrected within the time limit permitted; and

B.

Time Limit for Correction.

1.

The Notice of Violation shall state that the violation(s) shall be corrected within fourteen (14) days from the date of the notice to avoid further enforcement action by the City, unless the responsible party contacts the City Official who originally issued the Notice of Violation within that time to arrange for a longer period for correction.

2.

The 14-day time limit may be extended by the City Official upon a showing of good cause.

3.

The City Manager or any person, department or agency designated by him to enforce the provisions may also require through the Notice of Violation that the correction shall occur within less than fourteen (14) days if the Code Enforcement Officer determines that the violation(s) constitutes a hazard to public health or safety.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The City may choose to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Zoning Code.

A.

Injunction. The City Attorney, upon order of the Council, may apply to the Superior Court for injunctive relief to terminate a violation(s) of this Zoning Code.

B.

Abatement Proceedings. Where any person fails to abate a violation(s) after being provided a Notice of Violation in compliance with this chapter and/or being issued an Administrative Citation in accordance with Chapter 1. 20 (Administrative Citations), the City Attorney, upon order of the Council, shall apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.

C.

Nuisance Abatement. The City may pursue any remedies or enforcement action(s), as provided in the Municipal Code for the abatement of a nuisance.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.164.080 - Remedies are cumulative.

A.

Cumulative, Not Exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of City, County, or State law.

B.

Other Remedies. Should a person be found guilty and convicted of an infraction or misdemeanor for the violation of any provision(s) of this Zoning Code, or any permit or approval issued in compliance with this Zoning Code, the conviction shall not prevent the City from pursuing any other available remedy to correct the violation(s).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

It shall be the duty of the City Manager, or any person, department or agency designated by him to enforce the provisions of this Title. All departments, officials, public employees and agencies of the City, contractual or otherwise, vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title and shall issue no permit or license for uses, buildings or purpose in conflict with the provisions of this Title; and any such permit or license issued in conflict with the provisions of this Title shall be null and void.

The provisions of this Title shall be interpreted and administered by the Planning Commission whose inspectors or authorized representatives shall have the right to enter upon any premises affected by this Title for purposes of inspection.

Any building or structure erected or maintained, or any use of property, contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance and upon direction by the City Council, the City Attorney shall take such steps, and shall apply to such court as may have jurisdiction to grant such relief as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such building or structure, or using any property contrary to the provisions of this Title.

This Title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions thereof.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.168 - REVOCATIONS AND MODIFICATIONS