A.
The
board of supervisors of Merced County determines that the establishment
of procedures for the abatement of a nuisance is derived from and
is consistent with the provisions of California Government Code Section
25845 and is necessary for the public health and welfare of the residents
of Merced County. The procedure for nuisance abatement established
in this chapter is intended to be an alternate procedure for the abatement
of any violation of the Merced County Code or any other public nuisance.
B.
The
board of supervisors of the county of Merced further determines:
1.
There
is a need to establish mechanisms for the remediation of violations
of county ordinances.
2.
Enforcing
the Merced County Code through administrative procedures enhances
the county's ability to recover its costs and maintain the integrity
of the code enforcement system. It also improves the county's ability
to collect abatement costs, which helps to deter future violations.
3.
Pursuant
to California Government Code Section 53069.4, the board of supervisors
elects to create a system of administrative citations and hearings
to ensure prompt and responsive compliance with the Merced County
Code and state law.
(Ord. 1999 § 5, 2021)
For purposes of this chapter, the following terms are defined:
means the county official or employee, or designee, charged
with the administration, regulation, or enforcement of the conduct
or condition falling within the definition of a public nuisance set
forth in this section.
means any condition caused or permitted to exist in violation
of any of the provisions of this Code shall be deemed a public nuisance
and may be abated as such by the county in accordance with this Code
and state law. A public nuisance shall also mean any common law public
nuisance, dangerous condition, or condition detrimental to the public
health or safety, or any public nuisance as defined in county ordinance,
resolution of the board, or statutes of the state of California.
means any person, business, company or other entity, and
the parent of any person under 18 years of age, who has caused, permitted,
maintained, conducted or otherwise allowed a public nuisance.
(Ord. 1999 § 5, 2021)
A.
A public
nuisance may be abated by the enforcing officer and his or her county
department in accordance with the procedures provided in this chapter.
B.
The
procedures set forth in this chapter are not exclusive, but cumulative
to all other civil and criminal remedies provided by this Code or
otherwise provided by law. The pursuit of other remedies shall not
preclude the simultaneous commencement of proceedings pursuant to
this chapter.
C.
Nothing
in this chapter shall be construed as imposing on the enforcing officer
or the county any duty to take any action with regard to a nuisance,
and neither the enforcing officer nor the county shall be held liable
for failure to declare a public nuisance, or for failure to take any
other action whatsoever with regard to a public nuisance.
D.
Nothing
in this section shall be construed to limit or restrict the ability
of any other entity with enforcement authority, such as the sheriff
or fire departments, to perform their duties.
(Ord. 1999 § 5, 2021)
Any condition on public or private property located within the unincorporated areas of the county of Merced that constitutes a public nuisance under Section 9.70.020 of this chapter may be abated consistent with the procedures provided for in this chapter, or in any other manner provided by this Code or other applicable law.
(Ord. 1999 § 5, 2021)
All remedies and penalties for the abatement of public nuisances provided for in this chapter shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by this Code, other ordinance, or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of, or enforcement against, any person hereunder shall not relieve such person from the responsibility of correcting, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof. Consistent with Merced County Code Section 1.28.040, each day, or any portion thereof, during which any violation of any provision of the Merced County Code is committed, continued, or permitted by such person, shall be deemed a separate and distinct offense.
(Ord. 1999 § 5, 2021)
Upon the consent of the owner, lawful occupant, or their respective
agent, enforcing officers are authorized to enter any real or personal
property or premises within the unincorporated area of the county
to investigate and ascertain whether the property or premises is in
compliance with county ordinances and the Merced County Code, and
to make any inspection as may be necessary in the performance of their
enforcement duties. These investigation activities may include visual
inspections, taking of photographs, taking samples or other physical
evidence, and the making of video and/or audio recordings. All such
entries and inspections shall be done in a reasonable manner. If an
owner, lawful occupant or the respective agent thereof refuses permission
to enter and/or inspect, the enforcing officer may apply, pursuant
to the procedures provided by California Code of Civil Procedure Section
1822.50 et seq., as may be amended, to a court of competent jurisdiction
for a warrant authorizing entry upon the property for purposes of
inspecting the property to determine if the nuisance remains. All
costs incurred by the county in seeking and obtaining an administrative
inspection warrant shall be recoverable as abatement costs.
(Ord. 1999 § 5, 2021)
Pursuant to California Government Code Section 25845, subdivision
(a), as may be amended, the enforcing officer is authorized to summarily
abate public nuisances determined by the officer to constitute an
immediate threat to public health, safety or welfare. If an enforcing
officer summarily abates a public nuisance, he or she may keep an
account of the abatement costs and pursue cost recovery pursuant to
this chapter. In cases of summary abatement, however, at the hearing
to confirm the abatement costs, the administrative hearing board shall
also determine whether a public nuisance existed. If no public nuisance
is found to have existed, the county shall not recover costs, and
there shall be no hearing on costs in that instance.
(Ord. 1999 § 5, 2021)
After a public nuisance is discovered, the enforcing officer
is authorized to initiate an administrative abatement proceeding and/or
administrative penalty proceeding as follows:
A.
Notice
of Violation. A notice of violation shall be issued to the property
owner, and anyone known to be in possession of the parcel, and/or
any responsible party, describing the nuisance and ordering the abatement
of the violation(s). The notice shall be in writing and shall:
1.
Identify
the owner(s) of the property upon which the nuisance exists, as named
in the records of the county assessor or county recorder, and identify
any other responsible party, if other than the owner(s), and if known
or reasonably identifiable.
2.
Describe
the location of such property by its commonly used street address,
giving the name or number of the street, road or highway and the number,
if any, of the property. Or, identify such property by reference to
the assessor's parcel number if a commonly used street address is
unavailable.
3.
State
that a violation exists on the property and that it has been determined
by the enforcing officer to be a public nuisance described in this
chapter.
4.
Describe
the violation that exists and the actions required to abate it.
5.
State
the date of service.
6.
State
that the owner, responsible party, or occupant may, within 10 days
after the date that said notice was served, make a request in writing
to the clerk of the board of supervisors for a hearing before the
administrative hearing board to appeal the determination of the enforcing
officer that the conditions existing constitute a public nuisance
described by this chapter, or to show other cause why those conditions
should not be abated in accordance with the provisions of this chapter.
7.
State
that, unless the owner, responsible party, or occupant abates the
violation, or requests a hearing before the administrative hearing
board, within the time prescribed in the notice, the enforcing officer
will abate the nuisance. It shall also state that the abatement costs,
including administrative costs, may be made a special assessment added
to the county assessment roll and become a lien on the real property,
be placed on the unsecured tax roll, or may be collected as a judgment
against the responsible party.
8.
State
that the notice may be sent to any person or entity identified in
public records as claiming a property interest or lien on the property,
including, but not limited to, financial institutions.
9.
If
included in the notice, a notice of violation seeking the imposition
of an administrative penalty shall also contain all of the following:
a.
If applicable, an identification of the violation category that the
violation falls within.
b.
An order to correct or otherwise remedy any continuing violation
within 10 calendar days after service of the notice of violation and
proposed administrative civil penalty, except in situations in which
the violation creates an immediate danger to the health, safety and/or
general welfare of the public. State that the administrative penalty
will be effective if the violation is not corrected within 10 days
after service of the notice, and stating the effective date.
c.
A statement that each calendar day the violation occurs shall constitute
a separation violation.
d.
A statement of the amount of the proposed administrative penalty
that will be incurred each calendar day the violation occurs.
e.
State how, where, to whom the administrative penalty must be paid.
10.
Generally state appellate or hearing rights.
11.
Refer the recipient to this chapter for further information.
12.
Be signed by the enforcing officer issuing the notice.
(Ord. 1999 § 5, 2021)
A.
The notice set forth in Section 9.70.090 shall be served by delivering it personally to the owner, to any-one known to be in possession of the parcel, and/or to the responsible party, or by mailing it by regular United States mail, together with a certificate of mailing, to the occupant of the property at the address thereof, to any nonoccupying owner at his or her address as it appears on the last equalized assessment roll, and/or to the current address of a responsible party, except that:
1.
If
the records of the county assessor or county recorder show that the
ownership has changed since the last equalized assessment roll was
completed, the notice shall also be mailed to the new owner at his
or her address as it appears in said records; or
2.
In
the event that, after reasonable effort, the enforcing officer is
unable to serve the notice as set above, service shall be accomplished
by posting a copy of the notice on the real property upon which the
nuisance exists as follows: copies of the notice shall be posted along
the frontage of the subject property and at such other locations on
the property reasonably likely to provide notice to the owner. In
no event shall fewer than two copies of the order be posted on a property
pursuant to this section.
B.
The
date of service is deemed to be the date of deposit in the mail, personal
delivery, or posting, as applicable.
(Ord. 1999 § 5, 2021)
A.
Any
person upon whom a notice to abate a public nuisance and/or a notice
of administrative penalty has been served may appeal the determination
of the enforcing officer. Any such administrative appeal shall be
commenced by filing a written request within 10 days after service
of said notice with the clerk of the board of supervisors for a hearing.
If the tenth (10th) day falls on a county holiday or weekend, the
time to request the hearing shall be extended to the next day that
is not a holiday or weekend. The written request shall include a statement
of all facts supporting the appeal. The time requirement for filing
such a written request shall be deemed jurisdictional and may not
be waived. In the absence of a timely filed written request that complies
fully with the requirements of this section, the findings of the enforcing
officer contained in the notice shall become final and conclusive
on the eleventh (11th) day following service of the notice.
B.
In his
or her discretion, the enforcing officer may, within 10 days after
the notice was served, request a hearing before the administrative
hearing board to determine whether or not the conditions should be
abated or an administrative penalty imposed in accordance with the
provisions of this chapter.
C.
Upon
timely receipt of a written request for hearing which complies with
the requirements of this section, the clerk of the board of supervisors
shall set a hearing date not less than seven business days nor more
than 21 business days from the date the request was filed. The clerk
shall send written notice of the hearing date to the requesting party,
to any other parties upon whom the notice was served, and to the enforcing
officer. A failure to set a hearing date within this time period is
not jurisdictional.
D.
Unless
jurisdiction over a specific incidence of nuisance is exercised by
the board of supervisors at a meeting of the board of supervisors,
the abatement hearings required by this chapter and California Government
Code Section 25845, to be heard by the board of supervisors are hereby
delegated to an administrative hearing board created by this chapter.
1.
An
administrative hearing board is hereby created pursuant to California
Government Code Section 25845, subdivision (h), and shall be composed
of three members selected by the county executive officer from an
alphabetical roster composed of the assistant county executive officer,
department heads, and assistant department heads. The county executive
officer may excuse a requesting potential board member from sitting
on a particular board, for what he or she considers adequate cause.
The county executive officer shall appoint one of the members as the
chair. The chair shall preside over the hearing and decide evidentiary
issues and any requests for delays.
2.
No
potential board member shall sit on the administrative hearing board
reviewing an enforcing officer's notice of violation and penalties
for violations issued by that potential board member's department.
Neither shall the district attorney, the public defender, the county
counsel, or any of their assistant department heads sit on the administrative
hearing board.
3.
The
administrative hearing board shall not determine the legality of this
chapter or legality of the enforcement procedures used. It shall determine
if the enforcing officer's decision conforms to this chapter and is
supported by a preponderance of the evidence presented by the enforcing
officer or his or her department. The hearing shall be recorded. The
record and evidence shall be preserved for three years.
4.
The
county counsel shall appoint a deputy county counsel to impartially
advise the administrative hearing board. He or she shall not have
been involved in assisting the enforcing officer, or the enforcing
officer's department, on the enforcement action at issue.
5.
Any
hearing conducted pursuant to this chapter need not be conducted according
to technical rules of evidence. Any relevant sworn evidence shall
be admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs regardless
of the existence of any common law or statutory rule which might make
improper the admission of the evidence over objection in civil actions.
The chair of the administrative hearing board has discretion to exclude
evidence if its probative value is substantially outweighed by the
probability that its admission will necessitate undue consumption
of time.
6.
The
written findings and recommendations of the administrative hearing
board shall be referred to the board of supervisors, and the owner
and occupants of the property, within 15 days of the conclusion of
the hearing. The board of supervisors may adopt the recommendation
without further notice of hearing, or may set the matter for a de
novo hearing before the board of supervisors. No specific form is
required for the findings and recommendations, which need only be
generally stated. Written notice of the administrative hearing board's
findings and recommendations shall be mailed to the owner and the
occupants of the property at the last known addresses and posted on
the property.
E.
The decision of the board of supervisors, which shall be by resolution, shall be final and conclusive. A failure to appeal the enforcing officer's determination that a public nuisance exists will constitute a failure to exhaust administrative remedies by the responsible person(s), unless the enforcing officer proceeds in accordance with subsection B of this section.
(Ord. 1999 § 5, 2021)
A.
In any
enforcement action brought pursuant to this chapter, whether by administrative
proceedings, judicial proceedings, or summary abatement, each person
who causes, permits, suffers, or maintains the violation to exist
shall be liable for all actual costs incurred by the county, including,
but not limited to, actual administrative costs, and any and all actual
costs incurred to undertake, or to cause or compel any responsible
party to undertake, any abatement action in compliance with the requirements
of this chapter, whether those costs are incurred prior to, during,
or following enactment of this chapter.
B.
In any
action by the enforcing officer to abate the violation under this
chapter, whether by administrative proceedings, judicial proceedings,
or summary abatement, the prevailing party shall be entitled to a
recovery of the reasonable attorneys' fees incurred. Recovery of attorneys'
fees under this subsection shall be limited to those actions or proceedings
in which the county elects, at the initiation of that action or proceeding,
to seek recovery of its own attorneys' fees. In no action, administrative
proceeding, or special proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the county in the action or proceeding.
A.
If the
owner or responsible party has not abated the violations pursuant
to the notice of violation and has not filed an appeal within the
time prescribed, the enforcing officer, or authorized designee, may
cause to be done whatever work is necessary to abate the public nuisance.
If necessary, the enforcing officer, or authorized designee, may apply
to a court of competent jurisdiction for a warrant authorizing entry
upon the property for purposes of inspecting the property to determine
if the nuisance remains and also for undertaking the work to abate
the nuisance if the nuisance has not already been abated.
B.
As an
alternative to the administrative procedures set forth in this chapter,
the county may abate the violation of this chapter by the prosecution
of a civil action through the office of the county counsel, or through
other counsel permitted by law, including an action for injunctive
relief. The remedy of injunctive relief may take the form of a court
order, enforceable through civil contempt proceedings, prohibiting
the maintenance of a violation of this chapter or requiring compliance
with other terms.
(Ord. 1999 § 5, 2021)
The enforcing officer shall keep an account in a written report
of the cost for each abatement carried out, itemized by parcel showing
the cost of abatement and the actual administrative costs for each
parcel.
(Ord. 1999 § 5, 2021)
A.
The
enforcing officer shall send a notice summarizing the costs of abatement
and associated administrative costs to the owner and/or responsible
party by certified mail. The date of service is deemed to be the date
of deposit in the mail. The notice shall inform the property owner
that to object to the costs, the property owner or responsible party
must file a written request within 10 days after service of said notice
with the clerk of the board of supervisors for a hearing. If the tenth
(10th) day falls on a county holiday or weekend, the time to request
the hearing shall be extended to the next day that is not a holiday
or weekend. The written request shall include a statement of all facts
supporting the appeal. The time requirement for filing such a written
request shall be deemed jurisdictional and may not be waived. In the
absence of a timely filed written request that complies fully with
the requirements of this section, the property owner will be liable
for the cost of abatement and cost of administration. Payment will
constitute a waiver of all challenges to the costs so charged.
B.
Upon
receipt of a timely filed request for hearing, the clerk of the board
of supervisors shall send notice of the date and time of the hearing
to the property owner and/or responsible party. The hearing shall
be held on not less than 10 days' notice to the owner, which shall
be made in the same manner as the notice provided in subdivision A
of this section. At the time fixed, the administrative hearing board
shall meet to review the accounting of the enforcing officer. An owner
or responsible party may appear at said time and be heard on the questions
whether the accounting, so far as it pertains to the cost of abating
a nuisance upon the land of the owner is accurate and the amounts
reported reasonable. The cost of administration shall also be reviewed
to ensure only the actual costs are charged. The auditor may provide
a report certifying the accuracy of administrative costs.
C.
At the
hearing, the report of the enforcing officer shall be admitted into
evidence. The owner shall bear the burden of proving that the accounting
is not accurate and reasonable.
D.
The
administrative hearing board shall make such modifications in the
accounting as it deems necessary and appropriate and thereafter shall
confirm its decision by resolution. The decision of the administrative
hearing board shall be final. Notice of the administrative hearing
board's decision shall be served by certified or registered mail on
the affected persons. Payment will be due immediately.
(Ord. 1999 § 5, 2021)
The board of supervisors may order that the cost of abating
nuisances, including administrative costs, be placed upon the county
tax roll by the county auditor as special assessments against the
respective parcels of land, or placed on the unsecured roll, pursuant
to California Government Code Section 25845; provided, however, that
the cost of abatement and the cost of administration as finally determined
shall not be placed on the tax roll if paid in full prior to entry
of said costs on the tax roll. The board of supervisors may also cause
notices of an abatement lien to be recorded against the respective
parcels of real property pursuant to Section 25845 of the Government
Code.
(Ord. 1999 § 5, 2021)
Pursuant to Government Code Section 53069.4, the board of supervisors
elects to create a system of administrative citations and hearings
to ensure prompt and responsive compliance with the Merced County
Code and state law.
A.
Any
party violating any county ordinance or section of the Merced County
Code may be issued a notice of administrative penalties by an enforcing
officer or the board of supervisors in accordance with the provisions
of this chapter.
B.
Each
and every day a violation of the provisions of the code exists constitutes
a separate and distinct offense and shall result in penalties.
C.
The
enforcing officer may issue a notice of penalties for a violation
not committed in the officer's presence, if the officer has determined
through investigation that the responsible party did commit or is
otherwise responsible for the violation.
(Ord. 1999 § 5, 2021)
B.
Failure
of the enforcing officer to effect actual service on any responsible
party as required in this section shall not invalidate any provisions
of this chapter, nor shall it relieve any responsible party from any
duty or obligation required by this Code.
C.
Failure
of any responsible party to receive such notice of administrative
penalties shall not affect the validity of any proceedings taken under
this section against any other responsible party. Service by first
class mail postage prepaid in the manner provided in this section
shall be effective on the date of mailing.
(Ord. 1999 § 5, 2021)
A.
A responsible
party disputing the issuance of an administrative penalty may contest
the administrative penalties by filing a written request within 10
days after service of the notice of violation or notice of administrative
penalties with the clerk of the board of supervisors for a hearing.
If the tenth (10th) day falls on a county holiday or weekend, the
request must be filed by the next day that is not a holiday or weekend.
The person requesting a hearing must, concurrent with the request,
advance deposit of the full amount of the penalty. Any administrative
penalty that has been deposited shall be refunded if it is determined,
after a hearing, that the person or entity charged with the violation
was not responsible for the violation or that there was no violation
as charged in the notice of administrative penalties. The time requirement
for filing a request for hearing form shall be deemed jurisdictional
and may not be waived.
B.
The appeal will be heard by the administrative hearing board established by Section 9.70.110 of this chapter in accordance with the procedural rules set forth in that section. The administrative hearing board shall not determine the legality of this chapter or legality of the enforcement procedures used. It shall determine if the enforcing officer's decision conforms to this chapter and is supported by a preponderance of the evidence presented by the enforcing officer or his or her department and whether or not the penalty is merited and consistent with the intent of this chapter.
C.
The
appeal may be heard separately or concurrently with any other hearing
held by the administrative hearing board authorized under this chapter.
D.
If appealed
to the administrative hearing board, the decision of the administrative
hearing board shall be final. Notice of the administrative hearing
board's final decision shall be served by certified or registered
mail on the affected persons. Payment will be due immediately.
(Ord. 1999 § 5, 2021)
A.
Any person who intends to request a hearing under Section 9.70.180 and is financially unable to make the advance deposit as required in that section may file a request for an advance deposit hardship waiver.
B.
The
request shall be filed with the head of the department issuing the
administrative penalty notice concurrent with the request for hearing.
C.
The requirement of depositing the full amount of the administrative penalties as described in Section 9.70.180 shall be stayed unless and until the head of the enforcing department makes a determination not to issue the advance deposit hardship waiver.
D.
The
head of the enforcing department, or designee, may waive the requirement
of an advance deposit and issue the waiver only if the person receiving
the administrative penalty notice submits to the head of the enforcing
department a sworn affidavit, together with any supporting documents
or materials, demonstrating to the satisfaction of the head of the
enforcing department, or designee of the person's actual financial
inability to deposit with the county the full amount of the penalty
in advance of the hearing.
E.
If the
head of the enforcing department determines not to issue an advance
deposit hardship waiver, the person shall remit the deposit to the
county within 10 days of the date of the decision.
F.
The
head of the enforcing department, or designee, shall issue a written
decision generally explaining the reasons for his or her determination
to issue or not issue the advance deposit hardship waiver. The written
decision shall be final.
G.
The
written decision of the head of the enforcing department shall be
mailed to the person who applied for the advance deposit hardship
waiver at the address provided in the application.
(Ord. 1999 § 5, 2021)
A.
Administrative
penalties where the violation would otherwise be an infraction shall
not exceed the maximum fine or penalty amounts for infractions set
forth in Government Code Section 25132. For violations that are not
otherwise infractions, unless a different amount is set in another
section of this Code, the administrative penalty may be set in any
amount up to $5,000 per calendar day, or as allowed by applicable
state law, whichever is higher. Administrative civil penalties may
be imposed by the enforcing officer as set forth in this chapter or
by the court if the violation requires court enforcement without an
administrative process.
B.
Unless
otherwise specified, the administrative penalty shall be due immediately.
C.
Where
the administrative penalty notice is issued for a continuing violation
that pertains to building, plumbing, electrical, or other similar
structural or zoning issues, unless the violation creates an immediate
danger to health or safety, the responsible party shall be provided
with an opportunity to correct the violation prior to the imposition
of the administrative penalty in accordance with the following:
1.
If a responsible party fails to correct any violation within 10 days after the notice of administrative penalties is served under Section 9.70.180, the administrative penalty established by the administrative penalty notice shall become effective and due immediately.
2.
The
administrative penalty, or any portion thereof, for a first-time violation
which has become effective following the 10 day corrective period
may be waived by the enforcing officer in his or her sole discretion
only if the responsible party corrects the violation in accordance
with all conditions established by the enforcing officer.
D.
Neither
imposition nor payment of an administrative penalty shall relieve
the responsible party from his or her obligation to correct the violation,
nor shall it bar further enforcement action by the enforcing officer.
(Ord. 1999 § 5, 2021)
A.
For
violations that are not otherwise infractions and do not have a prescribed
administrative penalty amount set forth elsewhere in this Code, the
enforcing officer or the court shall determine which violation category
a violation should be placed. The violation categories shall be the
following:
1.
Category
1 Violations. Primarily procedural violations that are committed through
neglect or oversight and have a negligible impact on the health, safety,
comfort and/or general welfare of the public.
2.
Category
2 Violations. Violations that are committed unintentionally through
neglect or oversight and have a significant and/or substantial impact
on the health, safety, comfort and/or general welfare of the public.
3.
Category
3 Violations. Violations that are committed intentionally or through
inexcusable neglect and have a minimal impact on the health, safety,
comfort and/or general welfare of the public.
4.
Category
4 Violations. Violations that are committed intentionally or through
inexcusable neglect and have a significant and/or substantial impact
on the health, safety, comfort and/or general welfare of the public.
B.
The
amount of the civil administrative civil penalty to be imposed for
violations that are not otherwise infractions shall be set by the
enforcing officer or the court according to the following schedule:
1.
Category
1 violations shall be subject to an administrative civil penalty of
$50 to $1,250 per calendar day.
2.
Category
2 violations shall be subject to an administrative civil penalty of
$1,250 to $2,500 per calendar day.
3.
Category
3 violations shall be subject to an administrative civil penalty of
$2,500 to $3,750 per calendar day.
4.
Category
4 violations shall be subject to an administrative civil penalty of
$3,750 to $5,000, or as allowed by applicable state law, whichever
is higher, per calendar day.
C.
In determining
the violation category, a violation should be placed, and the amount
of the administrative civil penalty to be imposed, the enforcing officer
or the court shall consider, without limitation, all of the following
factors:
1.
The
severity of the violation's impact on the health, safety and/or general
welfare of the public, including, without limitation, the type and
seriousness of the injuries or damages, if any, suffered by any member
of the public.
2.
The
number of complaints received regarding the violation at issue.
3.
The
willfulness and/or negligence of the responsible party. In assessing
the degree of willfulness and/or negligence, all of the following
factors shall be considered:
a.
How much control the responsible party had over the events which
caused the violation to occur.
b.
Whether the responsible party took reasonable precautions against
the events which caused the violation to occur.
c.
Whether the responsible party knew, or should have known, the impacts
associated with the conduct which caused the violation to occur.
d.
The level of sophistication of the responsible party in dealing with
compliance issues.
4.
The
number of times in which the responsible party has committed the same
or similar violation in the previous three years.
5.
The
amount of administrative staff time which was expended in investigating
or addressing the violation at issue.
6.
The
amount of administrative civil penalties which have been imposed in
similar situations.
7.
The
efforts made by the responsible party to correct the violation and
remediate the impacts thereof.
D.
The
factors of willfulness and severity of impact are considered together
in determining which category a particular violation should be placed.
For example, a violation involving little impact could be determined
to be a category 2 violation or a category 3 violation, depending
on the degree of willfulness associated therewith. Similarly, an unintentional
violation could be determined to be a category 1 violation or a category
2 violation, depending on the severity of the impact arising therefrom.
(Ord. 1999 § 5, 2021)
A.
In the
event the responsible party fails to pay the administrative penalty
when due, the county may take any actions permitted by law to collect
the unpaid penalty.
B.
The
county may withhold issuance of licenses, permits and other entitlement
for any property whenever an administrative penalty resulting from
a code violation on that property remains unpaid or the owner of the
property has outstanding, unpaid administrative penalties for violations
of this Code.
C.
Unless
specifically provided otherwise in the County Code, all administrative
penalties received by the County pursuant to this chapter shall be
used exclusively for administration and enforcement of the County
Code.
(Ord. 1999 § 5, 2021)
