Chapter 17.128
ENFORCEMENT
Sections:
17.128.010 Permits, licenses, certificates, and approvals.
17.128.020 Enforcement responsibilities.
17.128.030 Voidable conveyances.
17.128.060 Revocation of discretionary permits.
17.128.070 Prosecution of violations.
17.128.010 Permits, licenses, certificates, and approvals.
All persons empowered by the municipal code to grant permits, licenses, certificates, or other approvals shall comply with the provisions of this title and grant no permit, license, certificate, nor approval in conflict with said provisions. Any permit, license, certificate, or approval granted in conflict with any provision of this title shall be voided. (Ord. 87-4 N.S., 1987).
17.128.020 Enforcement responsibilities.
The community development director shall enforce all provisions of this title related to discretionary permits and shall have responsibility for revocation of discretionary permits, as provided in BMC 17.128.060. The building official shall enforce the provisions of this title 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. (Ord. 87-4 N.S., 1987).
17.128.030 Voidable conveyances.
Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this title shall be voidable at the sole option of the grantee, buyer, or person contracting to purchase, or his heirs, personal representatives, or trustee in insolvency or bankruptcy, within one year after the date of execution of the deed of conveyance, sale, or contract to sell; but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase other than those above enumerated, and upon the grantor, vendor, or person contracting to sell or his assignee, heir, or devisee. (Ord. 87-4 N.S., 1987).
17.128.040 Occupancy permit.
An occupancy permit shall be required for each new residential occupancy or change in an existing occupancy, as provided in BMC Title 15. (Ord. 87-4 N.S., 1987).
17.128.050 Business licenses.
No certificate for a business license tax shall be issued unless the community development director has issued a zoning permit, as provided in Chapter 17.100 BMC. (Ord. 87-4 N.S., 1987).
17.128.060 Revocation of discretionary permits.
A. Duties of Community Development Director. Upon determination by the community development director that there are reasonable grounds for revocation of a use permit, variance, design approval, or other discretionary approval authorized by this title, a revocation hearing shall be set by the director, the planning commission, the historic preservation review 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 hearing; provided, that notice shall be mailed to the owner of the use or structure for which the permit was granted at least 10 days prior to the hearing. Contents of any notice shall be as prescribed by BMC 17.104.040(D).
C. Hearing. The person or body conducting the hearing shall hear testimony of city staff 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. A public hearing may be continued without additional public notice.
D. Required Findings. The person or body conducting the hearing shall revoke 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 conditions 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 six consecutive months.
E. Decision and Notice. Within 10 working 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 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 10 days after the date of the decision, unless appealed in accordance with Chapter 1.44 BMC.
G. 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. 13-07 § 2; Ord. 07-70 § 1; Ord. 87-4 N.S., 1987).
17.128.070 Prosecution of violations.
A violation of any provision of this title shall be prosecuted as an infraction. 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. (Ord. 87-4 N.S., 1987).
17.128.080 Penalties.
Any person who violates any provision of this title and is convicted of an infraction shall be punished by fines as prescribed in Government Code Section 36900. Each person convicted may be deemed guilty of a separate offense for every day during any portion of which any violation of this title is committed or permitted. (Ord. 87-4 N.S., 1987).