Rosemead Municipal Code Ch. 17.164 Enforcement

This chapter establishes provisions that are intended to ensure compliance with the requirements of this Zoning Code and any conditions of planning permit approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

All departments, officials, and public employees of the City who are assigned the authority or duty to issue certificates, licenses, or permits shall comply with the provisions of this Zoning Code.

A. Permits Which Are in Conflict with this Zoning Code. Certificates, licenses, or permits for uses or structures that would be in conflict with the provisions of this Zoning Code shall not be issued.

B. Permits Deemed Void. Any certificate, license, or permit issued in conflict with the provisions of this Zoning Code shall be void and of no effect.

(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.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Authorized to Enter Defined Areas. For the purpose of necessary investigations and inspections, the City Manager or any person, department or agency designated by him to enforce the provisions are hereby authorized to enter upon the following defined areas of private property within the City:

A. Any area which is open to the public generally;

B. Any area which is visible and accessible from the public street and which is not fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry;

C. Any area which is used as common area by persons residing or staying in structures located upon the property, unless the area is fenced or locked or otherwise physically arranged in a manner as to evidence an intent to prohibit entry; and

D. Any area where the privacy of an individual would not be violated by entry. Any person who interferes or refuses with the right of entry granted by this Section shall be guilty of a misdemeanor.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

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)

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)