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Home My WebLink AboutMINUTES - 02052008 - C.16 k---- TO: BOARD OF SUPERVISORS '. ;• j Contra FROM: INTERNAL OPERATIONS COMMITTEE Costa _ County RTA L°OUN , DATE: JANUARY 31, 2008 SUBJECT: PROPOSED ORDINANCE WHICH ADDRESSES ENFORCEMENT OF LAND USE PERMIT CONDITIONS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION ADOPT Ordinance 2008-04, introduced on January 22, 2008, to authorize the use of administrative fines and/or applicant paid monitoring if a property owner fails to comply with land use permit conditions. FISCAL IMPACT The adoption of the proposed ordinance will have no adverse fiscal impact on the County. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME TION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): &In SUSAN A. BONILLA GAYLE B. UfILKEMA ACTION OF BOARD ON d,f '-,9,VQ"APPROVED AS RECOMMENDED OTHER_ VOTPIOF SUPERVISORS ,/' I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Catherine Kutsuris (335-1210) ATTESTED ��Yu.A-�'y CV- X e odf"f JOHN CULLEN, CLERK '-OF THE BOARD OF cc: Office of County Administrator—Julie Enea SUPERVISORS AND COUNTY ADMINISTRATOR Community Development Building Inspection—Code Enforcement BY , DEPUTY January 22, 2008 Board of Supervisors Page 2 BACKGROUND The Board referred to the Internal Operations Committee the issue of compliance with land use permit conditions. The Committee discussed with the Community Development Department and the Office of County Counsel the existing methods to ensure compliance as well as options for improving compliance. The Committee determined that the County Code should be amended in order to improve the County's ability to ensure compliance with permit conditions. Specifically, the proposed ordinance would authorize the use of administrative fines if a property owner fails to comply with permit conditions. More generally, the ordinance provides that the failure to comply with any condition of a permit issued under the authority of Title 8 is a violation of the Code. These provisions will allow the violation of a permit condition to be enforced by the use of the administrative penalties ordinance and other code enforcement mechanisms. In addition, the proposed ordinance provides that if a permit condition is violated, the property owner can be required to pay the costs of monitoring the property to assure compliance with the permit requirements. Finally, the proposed ordinance authorizes the modification, suspension, and/or revocation of a permit if the permit was issued in whole or in part on the basis of a misrepresentation or omission in the permit application or in the applicant's testimony at a public hearing on the project. HABoard of Supervisors\Board Orders\Permit Enforcement CK/mp ORDINANCE NO. 2008-04 ENFORCEMENT OF PERMIT CONDITION VIOLATIONS The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance revises provisions of article 26-2.20 and section 82-2.006 of the County Ordinance Code to provide that the failure to comply with any condition of a permit issued under authority of Title 8 is a code violation. This ordinance also provides that if a permit condition is violated,the permittee can be required to pay the costs of monitoring the property to determine compliance with permit terms, limitations and conditions. SECTION II. Section 26-2.2020 of the County Ordinance Code is amended to read: 26-2.2020 Variance, conditional use and special permits—Enforcement. Conditional use, variance and special permits are subject to the enforcement provisions of Sections 26-2.2022 through 26-2.2030 and all other enforcement remedies allowed by law. (Ords. 2008-04 § 2, 1975: prior code § 2207: Ord. 917.) SECTION III. Section 26-2.2022 of the County Ordinance Code is amended to read: 26-2.2022 Variance, conditional use and special permits—Modification, suspension and revocation. A permit may be modified, suspended or revoked on any of the following grounds: (a) The failure to comply with any term, limitation or condition of the permit. (b) The property or portion thereof subject to the permit is used or maintained in violation of any requirement of this code. (c) The use for which the permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance. (d) The permit was issued in whole or in part on the basis of a misrepresentation or omission of a material statement in the permit application or in the applicant's testimony at any public hearing on the permit. ORDINANCE NO. 2008-04 1 (e) A license required for the conduct of the business on the premises covered by the permit has been suspended or revoked. (f) Any permittee, operator, or employee has been convicted of a violation of federal law or state law or county ordinance in connection with the operation of the permitted use. (Ords. 2008-04 § 3, 1975: prior code § 2207.10: Ord. 917.) SECTION IV. Section 26-2.2024 of the County Ordinance Code is amended to read: 26-2.2024 Hearing notice. (a) Except as otherwise provided in this section, the hearing on modification, suspension or revocation will be scheduled by the planning department before the division of the planning agency having initial authority to grant the permit. (b) If within the last two years the board of supervisors has made a decision on the permit, the hearing on modification, suspension or revocation will be scheduled before the board. (c) The planning department will give notice of the hearing pursuant to section 26-2.2004. The notice will contain the information specified in section 26-2.2004 and will also state the ground or grounds for modification, suspension or revocation. (Ords. 2008-04 § 4, 85-20 § 1, 1975: prior code § 2207.30: Ord. 917). SECTION V. Section 26-2.2028 of the County Ordinance Code is amended to read: 26-2.2028 Variance, conditional use and special permits—Hearing.decision and effect. (a) The division of the planning agency hearing the matter will render its decision and make findings in support of its decision in writing. (b) The division of the planning agency hearing the matter may order one or more of the following, based on the nature, severity and frequency of the violations: (1) Modified permit terms, limitations or conditions. (2) Additional permit terms, limitations or conditions. (3) Requirements for monitoring, or additional monitoring, of the property at the permittee's expense to determine compliance with permit terms, limitations and ORDINANCE NO. 2008-04 2 conditions. ` (4) A specified probationary period for correction of violations. (5) A future review at a time specified. (6) Permit suspension. If a permit is suspended, the use or activity authorized under the permit shall cease for the term of the suspension. If the use or activity continues during the term of the suspension, each day the use or activity occurs during the term of the suspension is a separate code violation. (7) Permit revocation. If a permit is revoked, the use or activity authorized under the permit shall terminate. If the use or activity continues following the revocation, each day the use or activity occurs is a separate code violation. (Ords. 2008-04 § 5, 1975: prior code § 2207.40.) SECTION VI. Section 82-2.006 of the County Ordinance Code is amended to read: 82-2.006 Violations and Enforcement. (a) Each of the following is unlawful and a public nuisance: (1) Any use of land for a purpose not authorized by or contrary to Title 8. (2) Any building or structure erected, constructed, altered, moved, or maintained contrary to Title 8. (3) The failure to comply with any term, limitation or condition of any use permit, variance, special permit, or other permit issued under authority of Title 8. (b) If a violation of any provision of Title 8 or any permit condition occurs, the County may seek compliance by any remedy allowed under this code and any other remedy allowed by law. (Ord. 2008-04 § 6; Prior code § 8104: Ord 382.) SECTION VII. Section 26-2.2030 of the County Ordinance Code continues in full force and effect, but the title of Section 26-2.2030 is amended to read as follows: 26-2.2030 Variance, conditional use and special permits—Appeal of decision. ORDINANCE NO. 2008-04 3 SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the Contra Costa Times, a newspaper published in this County. PASSED on FEBRUARY 05 , 2008 , by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, PIEPHO, BONILLA, AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors B rd Chair and County Administrator By: [SEAL] Deputy TLG: HA2008\Community Developmen6permit conditions ord-final2.wpd ORDINANCE NO. 2008-04 4 "CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us> <cctlegals@bayareanewsgro up.com> cc 02/06/2008 01:29 PM bcc Subject RE: ADOPTION OF ORDINANCE NO.2008-04 CCT 2680409 2/11 $456.40 ACCOUNT#2004197 Please reference your account number when submitting a notice for publication; thank you. Jennifer Watters Legal Advertising Contra Costa Times - Concord Transcript- Lamorinda SUN Bay Area News Group - East Bay Ph: 925-943-8019 Fx: 925-952-5019 cctlegals(a)bayareanewsgroup.com contracostatimes.com From: Emelda Sharp [mailto:EShar@cob.cccounty.us] Sent: Wed 2/6/2008 10:46 AM To: CCT Legals Subject: Fw: ADOPTION OF ORDINANCE NO. 2008-04 Dear Jennifer, I am sorry for not e-mailing you the attachments Here we go. (See attached file: ORDINANCE NO.2008-04.doc) Emelda L. Sharp Clerk of the Board -----Forwarded by Emelda Sharp/COB/CCC on 02/06/2008 10:42 AM----- "CCT Legals" <cctlegals@bayareanewsgroup.com> 02/05/2008 03:03 PM To "Emelda Sharp" <EShar@cob.cccounty.us> cc Subject RE: ADOPTION OF ORDINANCE NO.2008-04 t • ,`q � E OS .I LEGAL PUBLICATION REQUISITION - .. Contra Costa County -Tq------------- FROM: C - - FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@cctimes.com FAX No. 925-943-8359 Requested by: EMY L. SHARP Date: FEBRUARY 05 , 2008 Phone No.: 925-335-1903 Reference No.: &V Org.: Sub Object: 2190 Task: SAS Activity: Publication Date (s) FEBRUARY 1111 2008 No. of Pages: ( 5 ) LEGAL PUBLICATION ADOPTION OF ORDINANCE NO. 2008-04 E-MAIL *** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. Authorized Signature: Please confirm datepublication and receipt of this fax.