(a) Notice of Noncompliance or Public Nuisance
The director may issue a notice of noncompliance for any failure to comply with any condition of any permit or approval, or when a use conducted pursuant to a conditional use permit is being conducted in a manner detrimental to the public health, safety and welfare. The notice of noncompliance shall be sent by certified mail to the address of the subject property and to the owner of the property as shown on the latest equalized assessment roll or such other interim record as may be provided by the county assessor. Such notice shall set forth the action necessary to come into compliance and a timeframe for compliance.
(b) Public Hearing by the director
(1) If the noncompliance is not abated, corrected or rectified within the time specified by the director in the notice of noncompliance, the director may issue an order to show cause why such a permit or approval shall not be revoked, suspended or modified. An order to show cause shall be set for a public hearing before the director.
(2) Notice of the hearing shall be given at least ten days prior to the hearing by publication in a local newspaper and by mailing to the applicant and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the noncompliance, and the date and time of the hearing.
(c) Decision by the director
Within ten days following the hearing:
(1) The director shall prepare a written decision to revoke, suspend, modify, or leave unchanged, any permit or approval upon finding that:
(A) A violation of any condition of the permit or approval was not abated, corrected or rectified within the time specified on the notice of noncompliance; or
(B) A violation of any city ordinance or state law was not abated, corrected or rectified within the time specified on the notice of noncompliance; or
(C) A use as presently conducted is detrimental to the public health, safety and welfare.
(2) Notice of the director’s decision shall be given by mailing to owners and residents of property within 600 feet of the property, and by posting in a public place. Notice shall include the address of the property, a brief description of the noncompliance, a brief description of the action to be taken, the date the decision will be final, and a description of how to appeal the decision.
(3) The director's decision shall become final fourteen days after notice is mailed unless a timely appeal is filed.
(d) Appeal of the director's Decision – Filing
Any party, including the applicant, may file an appeal of the director's decision with the planning division. The appeal shall be filed in written form in a manner prescribed by the director.
(e) Hearing and Recommendation by the Planning and Transportation Commission
(1) Following the filing of a timely appeal of a director's decision, the planning and transportation commission shall hold a hearing on the appeal.
(2) Notice of the hearing shall be given at least ten days prior to the hearing by publication in a local newspaper and by mailing to the applicant, the hearing requestor, and all residents and owners of property within 600 feet of the project. Notice shall include the address of the property, a brief description of the decision of the director, and the date, time and place of the hearing.
(3) Following the hearing, the planning and transportation commission shall make a recommendation on the appeal, which shall be forwarded to the city council.
(f) Decision by the City Council
The recommendation of the planning and transportation commission on the appeal shall be placed on the consent calendar of the city council within thirty days. The city council may:
(1) Adopt the findings and recommendation of the planning and transportation commission; or
(2) Remove the appeal from the consent calendar, which shall require three votes, and:
(A) Discuss the appeal and adopt findings and take action on the appeal based upon the evidence presented at the hearing of the planning and transportation commission; or
(B) Direct that the appeal be set for a new hearing before the city council, following which the city council shall adopt findings and take action on the application.
(g) Decision by the City Council Final
The decision of the city council is final.
(Ord. 5432 § 16 (part), 2018: Ord. 4826 § 118 (Exh. 3 (part)), 2004)