Chapter 11.30 : Amendments and Changes

Sections:

11.30.010 Initiation and Amendment
11.30.020 Investigation of Amendment
11.30.030 Hearing for Amendment
11.30.040 Enforcement
11.30.050 Violation of Provisions of Title
11.30.060 Penalties

11.30.010 Initiation and Amendment. The City Council may, from time to time, amend, supplement, or change this title and the regulation of maps pertaining hereto. An amendment, supplement, or change may be initiated by the City Council, or the Planning Board.

Whenever the property owner of any land or building desires a reclassification of his property of change in regulations applicable thereto, he may file with the City Clerk or the City-County Planning Board Office a petition duly signed and verified by him requesting an amendment or change of regulations prescribed for such property.

11.30.020 Investigation of Amendment. Upon initiation of an amendment by the City Council or the Planning Board, or upon petition from a property owner, the Planning Board shall cause to be made such an investigation of facts bearing on such initiation or petition as will provide necessary information to assure that the action of each such petition is consistent with the intent and purpose of this title.

11.30.030 Hearing for Amendment. The Planning Board shall hold public hearings on the matters referred to in such initiation petition at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days notice of time and place of such hearing shall be published in an official paper or paper of general circulation in the City. All property owners with 300 feet of the site of the proposed zone change shall be notified of the proposed change shall of the proposed change via the United States Mail at least 10 days prior to the public hearing. Names and addresses of adjoining property owners will be provided to the City-County Planning Office by the applicant and will be certified by the County Recorder or an authorized title company. The project site shall be posted indicating the time and location of the public hearing at least 10 days prior to the hearing date. After such
hearing or hearings, the Planning Board will make reports and recommendations on said petition or initiation to the City Council.

When the Planning Board has recommended an amendment or supplement to this title, including a change in the district boundaries, a public hearing shall be held by the City Council for the purpose of acting upon the proposed amendment or supplement after public notice. Such public notice shall be published in an official paper or a paper in general circulation in the city, telling the time and place of the meeting at least 15 days prior to the meeting date. The project site shall be posted indicating the time and location of the public hearing at least 10 days prior to the hearing date. In case, however, of protest against such changes, signed by the owners of 20 percent or more either of the area of the lots included in such proposed change or of those lots immediately adjacent in the rear thereof extending 150 feet therefrom or of those lots adjacent on either side thereof within the block or of those directly opposite thereof extending 150 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council.

11.30.040 Enforcement. This title shall be enforced by the City Council and their authorized representatives. No building permit or business or occupational use license shall be issued except in compliance with the provisions of this chapter.

11.30.050 Violation of Provisions of Title. Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Inspector. He shall record properly such complaint and immediately investigate and take action thereon as provided in this title.

11.30.050 Violation of Provisions of Title. Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating full the causes and basis thereof shall be filed with the Building Inspector. He shall record properly such complaint and immediately investigate and take action thereon as provided in this title.

11.30.060 Penalties. Violation of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with the grant of variances or conditional uses or any of the requirements for conditions imposed by the City Council, shall constitute a misdemeanor. Any person who violates any of the provisions of this, or fails to comply with any of this requirements, shall, upon conviction thereof, be punishable as provided in Section 1.08.010 of this code.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.