Chapter 12-42 — ADMINISTRATION AND ENFORCEMENT

• (a) There is established the office of Zoning Administrator. The Director of Community Development shall, ex officio, be the Zoning Administrator and shall have such duties as shall be assigned to him by the provisions of this title or which may be lawfully delegated to him by the Planning Commission.

• (b) The Zoning Administrator is granted the authority to review building plans to determine if the provisions contained in Sections 12-6.16 , 12-6A.16 , 12-7.17 or 12-8.16 of this title are violated. The Zoning Administrator may require plans and buildings to be modified so that the potential to convert a legal dwelling unit to additional units is minimized. Such action may include, but not be limited to, the removal of kitchens, showers, baths and walls. The Zoning Administrator shall make requirements consistent with Section 12-1.01 of this title, General provisions, and Section 12-1.02 of this title, Purpose.

• (c) Uses which the Zoning Administrator determines to be similar to the permitted or conditional uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, and which are of a comparable nature and of the same classes as the uses enumerated for the district, shall be allowed as permitted or conditional uses therein. The Zoning Administrator, using professionalism and good judgment, may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of the zoning ordinance.

• (Ord. 85-1109 § 1 (5), eff. 1/2/86; Ord. 88-6 § 1(J), eff. 6/2/88; Ord. 90-1 § 2, eff. 3/8/90; Ord. 200504, eff. 5/19/05)

When an application for zone change, variance, conditional use permit or planned development permit is denied by the Planning Commission or the City Council, a new application shall not be accepted for a period of two years from the date of denial. Upon written request, the Planning Commission by an affirmative vote of not less than a majority of its members, may waive this

requirement if it is shown that a substantial change of conditions has taken place in the area in which the property is located or that additional and pertinent information is available which was not brought out at the public hearing and that a waiting period of two years would create an unusual hardship. (Prior Code § 10-129A; Ord. 83-1065 § 1, eff. 1/5/84)

It is found and determined that the violation of any term or provision of this title, or of any term or condition of development plans, variances, permits or other authorizations issued pursuant to this title, is a public nuisance, detrimental to the public health, welfare and safety, and especially detrimental to the safety, welfare and values of adjoining and nearby real property. The City Attorney is authorized to initiate and prosecute to completion all lawful proceedings to abate the same. (Prior Code § 10-134.1)

• (a) Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor punishable as provided pursuant to Chapter 1-6 of this Code.

• (b) Any person who agrees to the conditions of a discretionary permit described in Section 1241.06(a) of this Code and any person who succeeds to the benefits of such a permit, who violates a condition of that permit after the permit has become effective, is guilty of a misdemeanor punishable as provided in Chapter 1-6 of this Code. Provided, however, that this section shall not apply to any person who has applied for an interpretation of that condition in strict conformance with Section 12-41.06 of this Code while interpretation proceedings are pending.

(Prior Code § 10-134.2; Ord. 90-1 § 2, eff. 3/8/90)

Every person who lets or permits to be used any land, premises, buildings or structures, or any portion thereof, knowing that it is to be used for setting up, maintaining or carrying on a land use contrary to the provisions of this title, is guilty of a misdemeanor. (Prior Code § 10-134.2(a); Ord. 83-1065 § 1, eff. 1/5/84)

The provisions of this chapter shall not be construed as a limitation upon, or a waiver of, any other means of enforcement of this title, and the City Attorney is authorized to initiate and maintain criminal and civil proceedings to enforce all of the provisions of this title and the conditions of development plans, variances, permits or other authorizations issued pursuant to this title by proceedings in any court of competent jurisdiction in law or in equity. Each and all enforcement proceedings, to the extent permitted by law, shall be regarded as cumulative. (Prior Code § 10-134.3)