§ 14.30

This chapter establishes the authority of the code enforcement office, and identifies enforcement responsibilities, procedures and actions. Enforcement of the provisions of this title shall be diligently pursued in order to provide for their effective administration, to ensure compliance with the terms and

conditions of permit and license approvals, to promote the city's planning efforts, and to protect the public health, safety and general welfare.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

The code enforcement office is hereby established as a separate department or division under the directorship of the planning department, with primary responsibility being enforcement of the zoning ordinance. The code enforcement office supports the planning department, city manager, city attorney, public works department, building inspection department, finance department and police department.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

A.

The planning director and/or planning commission may refuse to receive, file, process, review, make recommendations on, hold hearings on, issue permits for, or otherwise take action on any application under this title if the site, structure and/or use involved in the application is in violation of or will result in a violation of this title or municipal code. Any permit, zoning change, license or other action issued in conflict with the provisions of this title shall be null and void.

B.

All departments, official and public employees of the city of San Rafael vested with the duty or authority to issue permits or licenses shall conform to 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.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

No person shall fail to comply with the terms and conditions of any permit or approval issued pursuant to this title or with any other ordinance relating to land use development. This section shall apply to any person, whether or not the person was the original applicant for the permit or approval, and whether or not the person is the owner, lessee, licensee, agent or employee, if the person has notice of the terms and conditions of the permit or approval.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1774 § 2, 2001; Ord. 1625 § 1 (part), 1992).

Each day during any portion of which a person violates the provisions of this title or the terms and conditions of any permit or approval shall constitute a separate violation.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

In addition to any other remedy provided for by law, the following types of enforcement action may be taken with respect to any violation of this title or the terms and conditions of any permit or approval:

A.

The code enforcement officer, planning director or the planning director's designated appointee(s) may institute proceedings, as provided for in Section 14.30.070, Revocation of discretionary permits, of this chapter, to revoke any permit or approval;

B.

The code enforcement officer may issue a citation with fees, as provided for in Municipal Code Section 1.42.010;

C.

The code enforcement officer, planning director, director of public works, city attorney or any other city official designated by the city manager may institute nuisance abatement proceedings, as provided for in Municipal Code Chapters 1.16 and 1.20;

D.

The city attorney may prosecute as a misdemeanor municipal code violations, in accordance with Municipal Code Section 1.42.010.

(Ord. 1838 § 56, 2005: Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.30.070 - Revocation of discretionary permits.

A.

Duties of Planning Commission. Upon determination by the planning director, planning commission or city council that there are reasonable grounds for revocation or modification of a use permit, variance, design review or other discretionary approval authorized by this title, a revocation hearing shall be scheduled before the planning commission.

B.

Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider permit approval.

C.

Hearing. The planning commission shall hear and consider all relevant evidence, objections and protests, and shall receive written and/or oral testimony from owners, witnesses, city personnel and interested persons relative to such case and to proposed modifications, rehabilitation, repair, demolition or other abatement appropriate under the legal powers of the city.

D.

Decision and Notice. At the conclusion of the hearing, the planning commission shall render a decision, and ensure that the owner or the owner's authorized representative is notified of the decision and of the appeal process. If the owner or the owner's authorized representative is not present at the meeting, the planning commission shall send notice of the decision by certified mail to the owner of the use or structure for which the permit was reviewed. Said notice shall also include notice of the right to appeal the planning commission's decision to the city council.

E.

Effective Date—Appeals. If the owner or the owner's authorized representative is present at the revocation hearing, a decision to revoke a discretionary permit shall become final five (5) working days after the date of the decision, unless appealed to the city council. In the event that the owner or the owner's authorized representative is not present at the revocation hearing, a decision to revoke a discretionary permit shall become final five (5) working days after notice of the decision is received by the applicant through certified mail, unless appealed to the city council. Decisions made by the city council on revocation hearings shall be final.

F.

Right Cumulative. The city's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

• (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).