Chapter 19.80 — ENFORCEMENT

This chapter provides procedures intended to ensure compliance with the requirements of this Zoning Ordinance. Enforcement of the provisions of this Zoning Ordinance and any approvals granted by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts, and to protect the public health, safety, and welfare. (Ord. 01-594 § 2, 2001)

The Departments of Public Works and Community Development shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use entitlements granted by the city. Enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this Zoning Ordinance. The term "Director" as used in this chapter refers to both the Director of Public Works and Community Development. (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 253, 2019; Ord. 24-16, 6/24/2024)

• A. Unlawful Use. Any use or structure that is established, operated, erected, moved, altered, enlarged, maintained, or allowed to exist or continue in a manner contrary to the provisions of this Zoning Ordinance, or any applicable condition of approval, is hereby declared to be unlawful, and shall be subject to the remedies and penalties identified in subsection (C), below, and the revocation procedures initiated in compliance with Section 19.80.060 (Revocations and Modifications).

• B. Stop Work Order. Any construction in violation of this Zoning Ordinance or any conditions imposed on a permit or entitlement shall be subject to the issuance of a "stop work order." Any violation of a stop work order is subject to the administrative remedies identified in West Hollywood Municipal Code Section 1.08.010.

• C. Penalties. A violation of any provision of this Zoning Ordinance, or any condition of a permit or entitlement granted under this Zoning Ordinance is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of the West Hollywood Municipal Code. The city may recover costs associated with the abatement of violations of this Zoning Ordinance, in compliance with Section 19.80.090 (Recovery of Costs), below. In addition to all other remedies available under the Municipal Code and otherwise, the requirements of this Zoning Ordinance may be enforced by injunctive or declarative relief.

• (Ord. 01-594 § 2, 2001)

All remedies contained in this Zoning Ordinance for the handling of violations or enforcement of the provisions of this Zoning Ordinance shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law. (Ord. 01-594 § 2, 2001)

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City of West Hollywood, CA § 19.80.050

WEST HOLLYWOOD CODE

§ 19.80.060

Every applicant seeking an application, permit, entitlement, or any other action in compliance with this Zoning Ordinance shall allow appropriate city officials access to any premises or property which is the subject of the application. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and any conditions of approval.

Failure to allow inspection of an inaugurated use shall be grounds for revocation of any cityissued permit.

(Ord. 01-594 § 2, 2001)

• A. Purpose. This section provides procedures for securing revocation or modification of previously approved permits and entitlements.

• B. Hearings and Notice. The appropriate review authority shall hold a public hearing to revoke or modify a permit or entitlement granted in compliance with the provisions of this Zoning Ordinance.

  1. Notice shall be delivered in writing to the applicant and owner of the property for which the permit was granted at least 10 days before the public hearing (except for temporary use or special event permits, see following subsection (B)(2)).

  2. Notice of a revocation hearing for a temporary use or special event permit shall be delivered in writing to the applicant and owner of the property for which the permit was granted at least 24 hours before the public hearing.

  3. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, where the applicant is not the owner of the subject property.

• C. Permit Revocation. A land use permit or entitlement may be revoked by the review authority which originally approved the permit, if any one of the following findings can be made:

  1. The circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;

  2. The permit was obtained in a fraudulent manner;

  3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;

  4. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or

  5. The improvement or use allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the review authority.

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City of West Hollywood, CA

ZONING ORDINANCE

§ 19.80.060

§ 19.80.060

• D. Permit Modification. A land use permit and any of its conditions of approval may be modified by the review authority which originally approved the permit, without the consent of the property owner or operator, if the review authority determines that:

  1. The circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the modification; or

  2. The conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit; or

  3. One or more conditions of the permit are in violation of any code, law, ordinance, regulation, or statute.

• E. Variance Revocation or Modification. A variance or modification may be revoked or modified by the review authority which originally approved the application, if any one of the following findings can be made.

  1. Findings for Revocation.

     • a. Special circumstances applicable to the property upon which the variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the approval; or

     • b. The permit was obtained in a fraudulent manner; or

     • c. One or more of the conditions of the variance or modifications have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the approval.

  2. Findings for Modification.

     • a. Special circumstances applicable to the property upon which the variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has substantially exercised the rights granted by the approval; or

     • b. One or more of the conditions of the variance or modification have not been met, or have been violated, and the grantee has substantially exercised the rights granted by the approval; or

     • c. The conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit.

• F. Reasonable Accommodation Permit Revocation or Modification. A reasonable accommodation may be revoked or modified by the review authority which originally approved the application, if any one of the following findings can be made.

  1. There has been a change in use or circumstances that negates the basis for the granting the reasonable accommodation permit; or

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City of West Hollywood, CA § 19.80.060

WEST HOLLYWOOD CODE

§ 19.80.080

2. The permit was obtained in a fraudulent manner; or

3. Any of the conditions or terms of such reasonable accommodation permit are violated, or if any law or ordinance is violated in connection therewith.

(Ord. 01-594 § 2, 2001; Ord. 12-894 § 5, 2012)

This section describes the procedures for initiating enforcement action in cases where the Director has determined that property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Ordinance. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that other enforcement measures, provided by this section, may be avoided.

• A. Notice to Responsible Parties. The Director shall provide the record owner of the subject parcel and any person in possession or control of the parcel with a written Notice of Violation, which shall include the following information:

  1. Time Limit. A time limit for correcting the violation, in compliance with subsection (B);

  2. Administrative Costs. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violations, in compliance with Section 19.80.090 (Recovery of Costs), or initiate legal action as described in Section 19.80.080 (Legal Remedies); and

  3. Meet with the Director. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violations.

• B. Time Limit for Correction. The Notice of Violation shall state that the violation shall be corrected within 10 days from the date printed on the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction. The Director may approve a time extension where it is determined that the responsible party will likely correct the violation within a reasonable time.

If the Director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the Director may require immediate corrective action.

• C. Use of Other Enforcement Procedures. The enforcement procedures of Section 19.80.080 (Legal Remedies) may be employed by the Director after or in conjunction with the provisions of this section where the Director determines that this section would be ineffective in securing the correction of the violation within a reasonable time.

• (Ord. 01-594 § 2, 2001)

The City may choose to undertake any of the following legal actions to correct or abate nuisances or violations of this Zoning Ordinance.

• A. Criminal Actions.

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City of West Hollywood, CA

ZONING ORDINANCE

§ 19.80.080

§ 19.80.090

1. Injunction. At the request of the Council, on recommendation of the Director, the City Attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this Zoning Ordinance.

2. Abatement. Where any corporation, firm, partnership, or person fails to abate a violation after being provided a Notice of Violation in compliance with Section 19.80.070(A) (Notice to Responsible Parties), above, and the opportunity to correct or end the violation, the Council, on recommendation of the Director, may request the City Attorney to apply to a court of competent jurisdiction for an order authorizing the City to undertake actions necessary to abate the violation and require the violator to pay for the cost of the actions.

• B.

Civil Remedies and Penalties.

1. Civil Penalties. Any person who willfully violates the provisions of this Zoning Ordinance, or a permit issued in compliance with this Zoning Ordinance, shall be liable for a civil penalty not to exceed the maximum amount allowed by law for each day that the violation continues to exist.

2. Costs and Damages. Any person violating any provisions of this Zoning Ordinance, or a permit issued in compliance with this Zoning Ordinance, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violations.

3. Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including the following:

   • a. Extent of Harm. The extent of harm caused by the conduct constituting a violation;

   • b. Nature of the Conduct. The nature of the conduct;

   • c. Length of Time. The length of time over which the conduct occurred;

   • d. Defendant's Net Worth. The assets, liabilities, and net worth of the defendant, whether corporate or individual; and

   • e. Corrective action. Any corrective action taken by defendant.

• (Ord. 01-594 § 2, 2001)

This section establishes procedures for the recovery of administrative costs (e.g., staff, legal), including staff time expended in the enforcement of the provisions of this Zoning Ordinance, not including staff time expended in processing any permit required to correct a violation. The intent of this section is to recover city administrative and legal costs reasonably related to the required enforcement actions.

• A. Record of Costs. The Community Development Department or the Department of Public Works shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this Zoning Ordinance, and shall recover the costs from the property owners, in compliance with this section. Staff time shall be calculated at an hourly rate established and revised from time to

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City of West Hollywood, CA § 19.80.090

WEST HOLLYWOOD CODE

§ 19.80.100

time by the Council.

• B. Notice. Upon investigation and a determination that a violation of any provisions of this Zoning Ordinance is found to exist, the Community Development Director shall notify the record owners or any person having possession or control of the property by certified mail, of the existence of the violation, the Director's intent to charge the property owner or any person having possession or control of the property for all administrative costs associated with enforcement, and of the person's right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney.

• C. Summary of Costs and Notice. At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owners or person having possession or control of the property by certified mail. The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing in compliance with subsection (D)(1), below, and that if no request for hearing is filed, the responsible party will be liable for the charges.

In the event that no request for hearing is timely filed or, after a hearing during which the Director affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount determined by the Director. These costs shall be recoverable in a civil action in the name of the city, in a court of competent jurisdiction within the County.

• D. Request for Hearing on Costs. A property owner, or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.

  1. Request for Hearing. A request for hearing shall be filed with the department within 10 days of the service by certified mail, of the department's summary of costs, on a form provided by the department.

2. Hearing. Within 30 days of the filing of the request, and on 10 days' written notice to the owner, the Director shall hold a hearing on the owner's objections and determine their validity.

   3. Validity of Costs. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include the following:

      • a. Whether the present owner created the violation;

      • b. Whether there is a present ability to correct the violation;

      • c. Whether the owner moved promptly to correct the violation;

      • d. The degree of cooperation provided by the owner; and

• e. Whether reasonable minds can differ as to whether a violation exists.

• 4. Appeal. The Community Development Director's decision shall be appealable directly to the Council, in compliance with Chapter 19.76 (Appeals).

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 §§ 254 – 256, 2019; Ord. 24-16, 6/24/2024)

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City of West Hollywood, CA

ZONING ORDINANCE

§ 19.80.100

§ 19.80.120

A person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Zoning Ordinance, or who allows such illegal conditions to continue, shall pay the additional permit processing fees established by the city's Fee Resolution for the correction of the violation, before being granted a permit for a use or structure on the subject parcel.

(Ord. 01-594 § 2, 2001)

• A. Reinspection Fee. A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted Building Code, or state law. The fee amount shall be established by the city's Fee Resolution. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.

• B. Administrative Costs. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the law for less than 180 days, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. This fee is intended to compensate for administrative costs for unnecessary city inspections, and not as a penalty for violating this Zoning Ordinance or the Municipal Code.

Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or costs incurred by the city for the abatement of a public nuisance.

(Ord. 01-594 § 2, 2001)

Notwithstanding Section 19.80.070 (Initial Enforcement Action) and Section 19.80.080 (Legal Remedies), the following applies to enforcement of Section 19.36.331:

• A. Administrative Penalty. Any host who violates any provision of Section 19.36.331, any person other than a hosting platform who facilitates or attempts to facilitate a violation of Section 19.36.331, or a hosting platform that violates its obligations under Section 19.36.331(C), shall be subject to administrative fines and penalties pursuant to Chapter 1.08 of this Code.

• B. Criminal Penalty. Any host violating any provision of Section 19.36.331, any person other than a hosting platform who facilitates or attempts to facilitate a violation of Section 19.36.331, or a hosting platform that violates its obligations under Section 19.36.331(C), shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the County Jail for a period not exceeding six months or by both

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City of West Hollywood, CA § 19.80.120

WEST HOLLYWOOD CODE

§ 19.80.120

such fine and imprisonment.

• C. Any person convicted of violating any provision of Section 19.36.331 in a criminal case or found to be in violation of Section 19.36.331 in a civil or administrative case shall be ordered to reimburse the city and other participating law enforcement agencies their full investigative costs, pay all back transient occupancy tax.

• D. Any interested person may seek an injunction or other relief to prevent or remedy violations of Section 19.36.331. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees.

• E. The city may issue and serve administrative subpoenas, in accordance with Chapter 1.40, as necessary to obtain specific information regarding vacation rental listings located in the city, including, but not limited to, The names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine compliance with Section 19.36.331. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period.

• (Ord. 23-20 § 7, 2023; Ord. 24-33, 11/18/2024)

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City of West Hollywood, CA