20.04.050 Effect of noncompliance—Structures deemed public nuisance—Retroactive approval—Abatement authority.
A. Any building permit or occupancy permit hereafter issued in conflict with this Chapter shall be void. Any work or structure or improvement which lacks or is not in compliance with Planning Commission approval or conditional approval is in violation of this Chapter, may be stopped by order of the Building Official, and shall be declared to be unlawful and a public nuisance. Each day on which a violation continues shall be regarded as a new and separate violation. This subsection may be enforced by all available legal and administrative remedies including but not limited to: Nuisance Abatement (Municipal Code Chapter 8.12); Administrative Remedies (Municipal Code Chapter 1.14); and/or 3) Administrative Citations (Chapter 1.15).
B. Retroactive Design Review.
1. An application may be made for retroactive design review for a structure which lacks or is not in compliance with Planning Commission approval or condition of approval or built or commenced without design review approval, by application and submission of an application fee as established by resolution of the City Council, and plans and other data in the prescribed form and conditions. An application for retroactive design review shall be processed as provided in Sections 20.04.020 and 20.04.030 of this Code, provided however, that any application that would qualify for administrative approval pursuant to Section 20.04.020(B) shall be processed according to the procedures set forth for a design review exception pursuant to Section 20.04.020(B)(3).
2. If the Planning Commission finds, based upon substantial evidence in the record, that the applicant has intentionally proceeded with construction without obtaining the required design review approval, the Planning Commission may deny the application for retroactive design review on that ground alone. If the application is denied, City staff shall set the matter for a hearing before the City Council to determine whether a public nuisance exists and the appropriate abatement thereof.
C. If so ordered by the City Council, the City attorney shall immediately commence an action or proceeding to abate, remove, restrain or enjoin any such public nuisance, to restrain or enjoin any person from erecting, construction, altering or extending a structure or using any premises in violation of the provisions of this Chapter. The Building Official shall promptly report to the Director of Planning and Building any and all such violations which come to his or her attention. (Ord. 2020-04 § 2, 2020; Ord. 2019-5 § 3, 2019; Ord. 2016-5 § 3, 2016; Ord. 2013-2 § 24, 2013; Ord. 2002-3 § 2, 2002; Ord. 99-1 § 3, 1999; Ord. 90-5 § 2, 1990; Ord. 80-1 § 43, 1980; Ord. 75-1 § 6, 1975; Ord. 181 NS § 1, 1972; prior code § 25-7.)