Chapter 16.20
ADMINISTRATION AND ENFORCEMENT
Sections:
16.20.010 Enforcement authority.
16.20.020 Appeals – Subdivision.
16.20.030 Appeals – Partition, minor replat, and property line adjustment.
16.20.040 Subdivision modification.
16.20.070 Amendment of title provisions – Initiation.
16.20.080 Amendment of title provisions – Procedure.
16.20.090 Amendment of title provisions – Record.
16.20.100 Amendment of title provisions – Petition filing – Fee.
16.20.110 Violation – Penalty.
16.20.010 Enforcement authority.
The city manager or his designated representative shall have the power and duty to enforce the provisions of this title. (Ord. 2011-01 § 1; Ord. 78-32 § 7.010)
16.20.020 Appeals – Subdivision.
A. General. A decision of the planning commission concerning a subdivision may be appealed to the city council by a party to the hearing by filing an appeal within 10 calendar days of the mailing of the final order. Appeals shall be conducted pursuant to procedures established in LCMC 17.76.180. (Ord. 2011-01 § 1; Ord. 78-32 § 7.020)
16.20.030 Appeals – Partition, minor replat, and property line adjustment.
Any party aggrieved by an administrative decision concerning a minor replat, partition or property line adjustment may appeal to the planning commission, as provided in LCMC 17.76.180. An appeal shall be filed within 12 calendar days of the mailed notice of decision. Appeals shall be conducted pursuant to procedures established in LCMC 17.76.180. (Ord. 2011-01 § 1; Ord. 78-32 § 7.030)
16.20.040 Subdivision modification.
A. The standards and requirements of these regulations may be modified by the planning commission in the case of a plan and program for a complete community, planned unit development, neighborhood unit, condominium, dwelling group, large-scale shopping center or large industrial area development which, in the opinion of the planning commission, provides adequate public spaces and improvement for the circulation, recreation, light and public services needs of the development tract and its relation to adjacent areas, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.
B. Conditions. In granting modifications, the planning commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified. (Ord. 2011-01 § 1; Ord. 78-32 § 7.040)
16.20.050 Hearing – Notice.
A. When the planning commission is required to hold a public hearing, notice of hearing shall be given in the following manner:
1. Each notice of a hearing of a proposed subdivision shall be published in a newspaper of general circulation in the city at least 10 days prior to the date of the hearing.
2. At least 20 days prior to the date of the hearing, notices shall be mailed to all owners of property within 500 feet, excluding streets, of the exterior boundary of the property for which the application is made.
3. The city must require that a sign be posted on the property not less than 10 days prior to the date of the hearing, displaying notice of the commission’s pending public hearing. The design and location of the sign to be posted on the property is to be determined by the city manager or his designated representative.
B. For the purposes of this section, the names and addresses of the owners as shown on the records of the county assessor may be used. (Ord. 2011-01 § 1; Ord. 78-32 § 7.050)
16.20.060 Hearing – Recess.
The planning commission may recess a hearing in order to obtain additional information or to serve further notice upon other property owners or persons it decides may be interested in the proposal being considered. Upon recessing, the time and date when the hearing is to resume shall be announced. (Ord. 2011-01 § 1; Ord. 78-32 § 7.060)
16.20.070 Amendment of title provisions – Initiation.
An amendment, supplement or change in the text of this title may be initiated by:
A. A motion of the city council;
B. An official proposal by the planning commission;
C. A petition of any property owner or resident of the city to either the planning commission or the city council. The petition shall be effective to initiate a change only if adopted as its own by a majority vote of the body to which it is directed;
D. Referral to Planning Commission. All requests for amendments, supplement or change in this title shall, whether initiated with the city council or otherwise, first be referred to the planning commission. (Ord. 2011-01 § 1; Ord. 78-32 § 7.070)
16.20.080 Amendment of title provisions – Procedure.
This title may be amended by following the procedure prescribed in this section.
A. The planning commission shall hold a public hearing on the proposed amendment after publishing notice of the hearing once a week for two successive weeks prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to such amendment is situated. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the amendment.
B. Prior to the expiration of 60 days after the date of such hearing, the planning commission may transmit its recommendation regarding the proposed amendment to the city council. If the planning commission recommendation has not been received by the city council prior to the expiration of such 60-day period, the city council may consider the amendment without recommendation of the planning commission thereon.
C. Prior to the adoption of such amendment, the city council shall hold a hearing thereon after giving notice of the hearing in the same manner provided in subsection (A) of this section.
D. A copy of any amendment adopted by the city council shall be filed with the county clerk. Such amendments shall not be effective until so filed. (Ord. 2011-01 § 1; Ord. 78-32 § 7.080)
16.20.090 Amendment of title provisions – Record.
The city shall maintain a record of amendments to the text of this title in a form convenient for the use of the public. (Ord. 2011-01 § 1; Ord. 78-32 § 7.090)
16.20.100 Amendment of title provisions – Petition filing – Fee.
A. Petitions for amendment, supplement or change to this title shall be filed with the city manager or his designee.
B. At the time of filing such petition, the petitioner shall pay to the city manager or his designee a fee to cover expenses incidental to the investigation of such petition and the cost of publishing notice of public hearing. (Ord. 2011-01 § 1; Ord. 78-32 § 7.100)
16.20.110 Violation – Penalty.
Any person, firm, association or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this title or any order adopted pursuant to this title shall be punished under the provisions of Chapter 1.16 LCMC. Any such violation is a Class B violation. Each day that the violation of this title exists is deemed to be a separate offense. (Ord. 2015-10 §§ 5, 6; Ord. 2011-01 § 1; Ord. 82-22 § 10; Ord. 78-32 § 8.010)