Chapter 19.20
ENFORCEMENT
Sections:
19.20.010 Review of approvals and permits.
19.20.030 Revocation or modification of permits and approvals.
19.20.010 Review of approvals and permits.
Any approval or permit issued under the authority of the city may be reviewed for compliance with the requirements of applicable municipal code provisions or uncodified ordinances, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception.
A. The review of an approval or permit may be initiated by a written statement of the complainant’s personal knowledge of facts, in writing, as to the noncompliance, nuisance, hazard, abandonment, etc.
B. Upon receipt of information showing good cause to review an approval or permit, the city shall investigate the matter to determine if a violation exists, or if an approval or permit is creating a nuisance, a hazard, has been abandoned, or was obtained by fraud or deception.
C. The city shall make a determination regarding the compliant within 30 days of receipt of the complaint. The complainant shall be notified of the city’s determination. (Ord. 722 § 175, 1998)
19.20.020 Violations.
Within 10 days of a determination that a violation exists, the mayor, or designee thereof, shall notify the property owner of the violation, in writing. When the violation does not involve a structure, the notice to the property owner shall require that the violation be rectified within 30 days. When the violation involves a structure, the notice to the property owner shall require that the violation be corrected within 60 days.
If no action has been taken by the property owner to correct a violation within the specified time, the mayor, or designee thereof, shall set a date for a public meeting or hearing before the city council with the property owner in violation, for the purpose of considering whether subsequent legal action should be taken to rectify the violation. If necessary, legal action shall be taken, as required, to insure compliance with the city’s development regulations. (Ord. 722 § 175, 1998)
19.20.030 Revocation or modification of permits and approvals.
The city may revoke or modify any land use approval or permit after a revocation hearing has been held.
A. The city may revoke or modify any land use approval or permit upon finding that the use for which the approval was granted, or the conditions of approval, has been intensified, changed, or modified without city approval, and have, or potentially could have, significant impacts to surrounding land uses or the environment. In addition, the city may revoke or modify any land use approval or permit for any of the following reasons:
1. Violations of or failure to meet any of the conditions of approval;
2. Fraud or material misrepresentation made in connection with the application, review, or approval of the land use proposal; or
3. Violations of any pertinent state law or city municipal code provision or uncodified ordinance in connection with the proposal.
B. Prior to revoking the approval or permit, the city shall give the property owner, original complainant, and other parties of record, written notice of the date, time, and place when the revocation hearing will be held before the hearing body, as well as the particular grounds for revocation. The revocation hearing shall be conducted as an open record public hearing and shall be subject to a closed record appeal in accordance with the provisions of this title. At the conclusion of the revocation proceedings, written findings and conclusions shall be made, and a notice of decision shall be issued.
C. If an approval or permit is revoked for fraud or deception, no similar application shall be accepted for processing for a period of one year from the date of the revocation decision. If an approval is revoked for any other reason, another application may be submitted subject to all requirements of city municipal code provisions, uncodified ordinances, and other applicable statutes and regulations. (Ord. 722 § 175, 1998)