Chapter V — Enforcement — San Ramon Zoning Code

D7-30- Purpose

This Chapter establishes procedures for enforcement of the provisions of the Zoning Ordinance. These enforcement procedures are intended to assure due process of law in the abatement or correction of nuisances and violations of this Ordinance.

D7-31 - Enforcement Responsibilities

The Zoning Administrator shall enforce all provisions of this Ordinance related to discretionary permits and shall have responsibility for revocation of discretionary permits, as provided in Section D7-32. The Chief Building Official shall enforce the provisions of this Ordinance pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure. All other officers of the City shall enforce provisions related to their areas of responsibility.

D7-32- Revocation or Modification of Discretionary Permits

A. Duties of Zoning Administrator. Upon determination by the Zoning Administrator that there are reasonable grounds for revocation or modification of any permit, variance, or other discretionary approval authorized by this Ordinance, a revocation hearing shall be set by the Zoning Administrator, the Planning Commission, or the City Council, whichever took final previous action on the permit, except for appeals.
B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider approval. If no notice is required for the permit, none shall be required for the revocation or modification hearing, provided that notice shall be mailed to the property owner and owner of the use or structure for which the permit was granted at least 10 calendar days prior to the hearing. Contents of any notice shall be as prescribed by Division D7, Chapter IV (Public Hearings).
C. Public Hearing. The person or body conducting the hearing shall hear testimony of City staff, property owner, and the owner of the use or structure for which the permit was granted, if present. At a public hearing, the testimony of any other interested person shall also be heard.
D. Required Findings. The person or body conducting the hearing shall revoke or modify the permit upon making one or more of the following findings:
1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. That the terms or condition(s) of approval of the permit have been violated or that other laws or regulations have been violated;
3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for three consecutive months;

City of San Ramon, CA | Municipal Code

238

That the use is being conducted contrary to the public’s health, safety, and welfare; and/or
That circumstances or conditions related to the site or use have changed necessitating a modification to the permit.

E. Decision and Notice. Within 10 calendar days of the conclusion of the hearing, the person or body that conducted the hearing shall render a decision, and shall mail notice of the decision to the property owner and owner of the use or structure for which the permit was revoked and to any other person who has filed a written request for such notice.
F. Effective Date: Appeals. A decision to revoke a discretionary permit shall become final and effective on the 11[th] day following the date the decision is rendered, unless appealed.
G. Cumulative Right. The City’s right to revoke a discretionary permit, as provided in this Chapter, shall be cumulative to any other remedy allowed by law.

D7-33- Violations

Any person violating any other provision of this ordinance, including failure to secure a zoning permit or comply with any condition of approval, shall be guilty of an infraction, and each day or portion thereof that such violation is in existence shall be a new and separate offense. In these cases, the fourth and any additional violations within one year shall each constitute a misdemeanor. In addition, the City Attorney shall, upon order of the City Council, commence action or proceedings for the abatement, removal, and enjoinment of any violation in the manner provided by law.

D7-34- Penalties

Any person who violates any provision of this ordinance and is convicted of an infraction shall be punished by fines as prescribed in Government Code Section 36900. Any person who violates any provision of this ordinance and who is convicted of a misdemeanor shall be punishable by fines as prescribed by Government Code 36900. Payment of any fine or penalty shall not relieve a person, firm or corporation from the responsibility of correcting the condition consisting of the violation.

Contents:

D7-30- Purpose

D7-31 - Enforcement Responsibilities

D7-32- Revocation or Modification of Discretionary Permits

D7-33- Violations

D7-34- Penalties