Hello, small brief background. Adult Store part of the County Of Santa Clara, is now part of the City of San Jose. Store is being issued a shutdown compliance order to close in two months. Based upon this city zone law:
"20.80.040 Amortization - Annexed Property
Any Adult use as defined in Sections 20.200.050, 20.200.060, 20.200.070 or 20.200.740 of this
Title which was a legal use at the time of annexation of the property into the City but which does
not conform to the provisions of this Chapter shall be terminated within two years of the date of
annexation, unless an extension of time has been approved by the City Council in accordance with
the provisions of Section 20.80.050."
The above sections state what is an adult type of establishment, store, theater, adult dance club etc
Store has been in written and verbal correspondence with the city for the past two years and now the city is ordering the store to close.
a) My question: Can the store file an injunction to hault closure or take it to court at this point or is it too late.
b) Based upon this section below is it too late if no challenges have been filed and can the city do this with these provisions.
"20.80.050 Extension of Time for Termination of Nonconforming Use
A. The operator of a nonconforming use as described in Section 20.80.040 may apply under the
provisions of this Section to the City Council for an extension of time within which to
terminate the nonconforming use.
B. An application for an extension of time within which to terminate a use made
nonconforming upon annexation may be filed by the owner of the real property upon which
such use is operated or by the operator of the use. Such an application must be filed with
the City Clerk at least ninety (90) days but no more than one hundred eighty"
Answer
I suggest speaking to a competent real estate attorney in your area.
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