Agenda Packet_2025-04-01 - Laserfiche WebLink

Home Browse Search

Ordinance No. NS-XXX Page 12 of 49 4. Failure to Comply with Hearing Officer’s Determination. Failure to comply with the Hearing Officer’s determination to discontinue a nonconforming use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC. 5. Failure to Terminate Use at Conclusion of Amortization Period. The failure to terminate a nonconforming use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law. d. Additional Administrative Policies and Procedures. The Executive Director of the Planning and Building Agency, or designee, may enact and shall publish any additional administrative policies and procedures to effectuate the purposes of this Chapter, including, but not limited to, administrative policies and procedures to govern the selection of a neutral hearing officer and the conduct of hearings for the Establishment of Amortization Periods in order to implement the provisions of this Article. (9) Abatement. The provisions of this Section are in addition to authority existing under State law to declare and abate a public nuisance pursuant to California law and other applicable provisions of the SAMC. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate and alternative action may be taken by the City pursuant to Chapter 1 (General Provisions) of the SAMC and Article VIII (Enforcement) of this Chapter). (10) Exception. The provisions of this section shall not apply to multifamily dwellings damaged or destroyed by fire in accordance with Government Code Section 65852.2. (11) Voluntary Compliance Agreement. The Executive Director of the Planning and Building Agency, or designee, is hereby authorized to enter into a Voluntary Compliance Agreement with a business owner or property owner in order to establish terms for compliance with the provisions of this Article.” Section 6. Section 41-2004 (The Industrial Overlay I-OZ) Zone) of Chapter 41 of the SAMC is hereby amended to read as follows: “Sec. 41-2004 Reserved. The Industrial Overlay (I-OZ) Zone (a) The Industrial Overlay Zone (I-OZ) is applied to areas zoned M1 or M2 and occupied with an industrial use at the time of the adoption of this Article. The zoning for the individual parcels shall be determined by Sectional District Map number 7- 5-9 as it appeared on May 1, 2010. City Council 22 – 97 4/1/2025