Chapter 17.128 — ENFORCEMENT

This chapter establishes the responsibilities of various departments, officials, and public employees of the City to enforce the requirements of this Zoning Code and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this Zoning Code.

(Ord. 1722, 6/18/2024)

All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Code, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this Zoning Code, and any such permit or license issued in conflict with the provisions of this Zoning Code shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the provisions of this Zoning Code pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure and it shall be the duty of the Director and the Zoning Administrator to enforce all other provisions of this Zoning Code.

(Ord. 1722, 6/18/2024)

• A. In the event any person, firm, or corporation should erect, construct, move, or alter any building or structure in violation of the provisions of this Zoning Code, or any use of any property conducted, operated, or maintained contrary to the provisions of this Zoning Code shall be declared to be unlawful and a public nuisance. The City Attorney shall immediately commence action or proceedings for the abatement, removal, and enjoyment thereof in a manner provided by law.

• B. Any permit granted under the Zoning Code may be revoked in accordance with the provisions in § 17.96.150 , Revocation of Permits, if any of the conditions or terms of such permit are violated

or if any law or ordinance is violated, except that no lawful residential use can lapse regardless of the length of time of the vacancy.

(Ord. 1722, 6/18/2024)

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with a mandatory requirement of this Zoning Code shall be guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in the Woodland Municipal Code Section 1.08.070 , General penalty — Continuing violations — Aiding or abetting. A person, firm, or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of this Zoning Code is committed, continued, or permitted by such person, firm, or corporation, and shall be punished accordingly. (Ord. 1722, 6/18/2024)

The remedies provided in this chapter shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the Director, Planning Commission or City Council may impose any remedy available at law or in equity, which shall include, but is not limited to, any individual or combination of the following:

• A. Ordering the cessation of the use in whole or in part;

• B. Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;

• C. Requiring continued compliance with any conditions so imposed;

• D. Requiring the user to guarantee that such conditions shall in all respects be complied with; or

• E. Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

• (Ord. 1722, 6/18/2024)

Notices of violation shall be provided and recorded and nuisances abated, according to the following procedures.

• A. Initiation. Proceedings under this section to terminate, modify or condition (i.e., "abate" or if the context requires, "abatement") any use, structure or building may be initiated by resolution of the Planning Commission or the City Council on its own accord or following recommendation by the Director. In either case, the resolution shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time and place for a public hearing on the proposed abatement. In the case of proceedings initiated by the Council, the resolution shall refer the matter for a public hearing before the Commission. A resolution initiating abatement proceedings may be adopted without a public hearing.

• B. Notice. Upon initiation of abatement proceedings, the Director shall give notice of a public hearing before the Commission pursuant to the provisions in Chapter 17.96 , Common

Procedures. In addition, within the prescribed time period, the Director shall also mail the notice of the hearing to the person or persons whose use, structure or building is the subject of the abatement proceedings, any person who requested initiation of abatement proceedings, and to any other person who has filed a written request with the Director for such notice.

• C. Public Hearing. The Planning Commission shall conduct a noticed public hearing and shall provide for testimony by City staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.

• D. Action. The Planning Commission shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the Commission finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this chapter.

• E. Decision and Notice. After the Commission takes abatement action to modify a permit, the Director shall issue a Notice of Action describing the Commission's action, with its findings. The Director shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the Director and shall file a copy of the Notice of Decision with the City Clerk. The Clerk shall present said copy to the Council at its next regular meeting.

• F. Effective Date; Appeal to Council. A decision to abate a nuisance shall become effective immediately after the date of decision unless appealed to the Council within 15 days. If the Council finds, after a noticed public hearing, that the use, structure, or building constitutes a nuisance, it may impose any remedy provided for in this chapter. If the Council finds that the use, structure, or building is not a nuisance, it shall reverse the decision of the Commission.

become effective immediately after the date of decision unless appealed to the Council within 15 days. If the Council finds, after a noticed public hearing, that the use, structure, or building constitutes a nuisance, it may impose any remedy provided for in this chapter. If the Council finds that the use, structure, or building is not a nuisance, it shall reverse the decision of the Commission.

• G. City Attorney Action. The City Attorney shall, upon order of the City Council, or on his or her own motion, immediately commence action or proceedings for the abatement and removal and enjoinment of said public nuisance in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Zoning Code.

• (Ord. 1722, 6/18/2024)

• A. If compliance is not had with an order of the Director or the Building Official to correct violations of this Zoning Code within the time specified, the City Manager may file in the office of the Yolo County Recorder, a certified statement describing the property and certifying that:

  1. The property and/or structure is in violation of this Zoning Code; and

  2. The owner has been notified of the violation. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.

• B. Whenever the corrections ordered have been completed, the Director shall file a new certified statement with the County Recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this Zoning Code.

• (Ord. 1722, 6/18/2024)