(A) Notification to the owner of record of any nonconforming use, structure or lot subject to termination pursuant to this subchapter shall be provided in writing by the Community Development Department, served by certified, return receipt first class mail, of the pending termination. The notification shall contain the following information:
(1) The location of the nonconforming use, structure or lot including street address and assessor's parcel number;
(2) The section of this code requiring the termination;
(3) The effective date of said termination; and
(4) The process of appeal of said termination.
(B) The owner of the nonconforming use, structure or lot may appeal the proposed termination pursuant to the following administrative procedure:
(1) Within 30 calendar days of service of the notification of the proposed termination the owner or other person with an interest in the property may file a written appeal to the Community Development Director. The request shall state all reasons, including but not limited to alleged abridgements of the appellant's constitutional rights, and why the termination should not be made effective.
(2) Within 30 calendar days of service of said appeal the Community Development Director shall meet with the owner and/or his/her representative to discuss the termination and the appeal. No later than ten calendar days following the meeting the Community Development Director shall provide written notice of his/her decision to the owner.
(3) No later than 15 days of service of said written decision by the Community Development Director, the owner may appeal the decision to the City Council by submitting a written notification of the appeal to the City Clerk and paying an appeal fee as established from time to time by resolution of the City Council.
(4) No later than 45 days from the receipt of the appeal, the City Clerk shall place the appeal on the City Council's agenda and shall cause notice of said appeal to be published once.
(5) The City Council shall hear the appeal at a regular meeting of the council. Based on the merits of the case, the City Council shall render a written decision with findings of fact and said decision shall be considered final. The city shall take no action toward termination of a nonconforming use, structure or lot pending any appeal action.
(C) Notwithstanding procedures provided for in this section, nothing shall prohibit the owner of a nonconforming use from requesting relief from action as provided for by this subchapter.
(Ord. 393-C.S., passed 5-18-93)