This article establishes procedures for enforcement of the provisions of Chapter 5, Chapter 8, Chapter 9, Chapter 12, Chapter 15, Chapter 16, Chapter 17, including Appendices listed in Section 17.02.030, and Chapter 18 of the Placer County Code. The enforcement procedures of this article are intended to support timely correction of nuisances and violations of the provisions of this code while assuring due process of law in the abatement or correction of such nuisances and violations.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 6219-B, 9/26/2023)
It shall be the duty of the Placer County sheriff, the agency
director, the planning director, the chief building official, county
fire warden, the health officer, and any employee designated by the
sheriff, the agency director, the planning director, the chief building
official, the county fire warden, or the health officer to act as
a code compliance and enforcement officer (which person shall hereinafter
in this article be referred to as a "code official") to enforce the
provisions of the Placer County Code as specified by this article.
A code official has the following responsibilities and authorities
in the enforcement and administration of the provisions of this chapter:
A.
To
review with affected individuals the provisions of the Placer County
Code through initiation of administrative hearings and other methods
to support voluntary compliance with its provisions;
B.
To issue citations for violations of this chapter, and for violations of Chapter 5, Chapter 8, Chapter 9, Chapter 12, Chapter 15, Chapter 16, Chapter 17, including Appendices isted in Section 17.02.030, Chapter 18 of the Placer County Code, and Chapter 19, Article 19.10 and to issue stop work orders pursuant to the provisions of the California Building Code;
C.
To
initiate necessary proceedings to forfeit bonds or cash deposits;
D.
To
initiate proceedings to revoke land use permits, authorizations and
other entitlements granted under this chapter and Chapter 5, 8, 9,
12, 15, 16, 17, 18, or 19 of this code;
E.
To
initiate and conduct nuisance abatement proceedings and to carry out
additional abatement responsibilities regarding violations of this
code;
F.
To
work with the chief building official in administering substandard
building abatement programs;
G.
To
carry out any other special enforcement programs initiated by ordinance,
order or resolution of the board of supervisors, and any other responsibilities
and authorities specified by this subchapter or this code;
H.
To
recover enforcement investigation and processing costs.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5625-B § 1, 2010; Ord.
6041-B § 25, 2020; Ord. 6219-B, 9/26/2023)
Unless a different penalty is prescribed for violation of a specific provision of Chapter 5, 8, 9, 12, 15, 16, 17, 18, or 19 of this code, any person violating any such provisions or failing to comply with the requirements of this code is guilty of a misdemeanor and is subject to penalty for a misdemeanor as provided by Section 1.24.010 of this code.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 5960-B § 4, 2019; Ord. 6041-B § 26, 2020; Ord. 6219-B, 9/26/2023)
No person shall obstruct, impede or interfere with the code
official or any other county employee, contractor or other authorized
representative in the performance of code enforcement and nuisance
abatement duties pursuant to this code.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010)
When it is necessary to make an inspection to enforce the provisions of this chapter, or when a code official has reasonable cause to believe that there exists in a building or upon a site a condition which is contrary to or in violation of the chapters of this code cited in Section 17.62.010, the code official may enter the building or site at reasonable times to inspect or to perform duties imposed by this chapter, provided that if such building or site is occupied at the time of inspection, proper credentials shall be presented to the occupant and entry shall be requested. If such building or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or site and shall request entry to the building or site. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry/access.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 5960-B § 5, 2019)
Hearings conducted for the purposes of permit revocation, nuisance
abatement, or appeals on the forfeiture of bonds, shall be conducted
as follows:
A.
"Hearing officer" means the county hearing officer selected to preside
over an enforcement hearing provided for in this section from a list
of appointed hearing officers who are not current county employees.
B.
Conduct of Hearing. The hearing officer or hearing body designated in Section 17.62.170(B) shall conduct an enforcement hearing as follows:
1.
The
hearing body or officer will hear sworn testimony and consider other
evidence concerning the conditions constituting cause to revoke approval
or conditional approval, to forfeit bond, or to abate a nuisance.
2.
County
officials and respondents to enforcement actions may be present at
such hearing, may be represented by counsel, may present testimony,
and may cross-examine any and all witnesses.
3.
The
hearing need not be conducted according to technical rules relating
to evidence and witnesses, and may be continued from time to time.
4.
The
hearing body or officer will deliberate upon the evidence and shall
make findings upon such evidence to support any action to revoke approval
or conditional approval, abate a nuisance, or deny an appeal on the
forfeiture of a bond. Thereafter the hearing body or officer shall
issue an order to the respondent.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 6219-B, 9/26/2023)
A.
Service
of Notice. Any notice required by this article shall be served in
one or more of the methods listed below, except where this article
provides otherwise:
1.
Personal
Service. A copy of the notice shall be served personally on the owner,
tenant, occupant, or responsible party.
2.
Mailed
Notice. A copy of the notice shall be served by first class mail and
certified mail, return receipt requested, to:
a.
The owner of the affected premises at the address for the owner as
shown on the last equalized assessment role. If no address can be
found for the owner as a result of a good faith effort by the code
official to locate such an address, then the notice shall be mailed
to the owner at the address of the premises affected by the proceedings.
If no address for the owner can be found and the property is uninhabited,
then the notice shall be published in a newspaper of general circulation
in the area of the property; and
b.
Any person in real or apparent possession or control of the affected
property, mobilehome, recreational vehicle or other vehicles.
c.
The failure of the owner to receive a notice which has been properly
addressed and mailed in accordance with this section does not affect
the validity of any proceedings taken hereunder.
3.
Posted
Notice. A copy of the notice shall be prominently and conspicuously
placed upon the premises affected by the enforcement proceedings.
B.
Recorded
Notice. A copy of any notice required by this article may be recorded
in the office of the county recorder of Placer County, except for
a revocation of a bond or performance guarantee.
1.
Release
of Notice. Where a notice has been served as required by this section
and a hearing offficer has determined that sufficient grounds do not
exist for nuisance abatement, or where the owner of an affected premises
has corrected the condition that was the basis for initiation of enforcement
action, the code official shall record a satisfaction release and
removal of notice of nuisance or notice of nuisance abatement.
2.
Payment
of Costs Prior to Release. In the event that enforcement costs have
been incurred in the investigation/processing of a violation for which
a notice is required, the release of such notice shall not be recorded
until all such costs have been reimbursed to Placer County.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 5960-B § 6, 2019; Ord. 6219-B, 9/26/2023)
This section establishes procedures for the recovery of administrative costs incurred by the county in the abatement of conditions defined as a nuisance by Section 17.62.160(A) where no permit is required by any provision in Chapter 5, 8, 9, 12, 15, 16, 17, or 18 of this code to correct or abate the nuisance. Costs incurred in conducting the nuisance abatement procedures specified by Section 17.62.160 of this article may be recovered pursuant to this section and/or through the levy of a special assessment as set forth in Section 17.62.160(E). In cases where a permit is required by Chapter 15 or 17, the procedure for cost recovery set forth in Section 17.62.100 shall be used instead.
A.
Definition
of Costs. For the purposes of this chapter, costs shall mean administrative
costs, including county staff time expended and reasonably related
to nuisance abatement cases where no permit is required to correct
the nuisance, for items, including, but not limited to, investigation,
site inspection and monitoring, reports, telephone contacts, correspondence
and meetings and hearings with affected parties.
B.
Cost
Accounting and Recovery Required. The code official shall maintain
records of all administrative costs incurred by responsible county
departments that participate in the enforcement process specified
in this article, and shall recover the costs from the property owner
as provided by this section. Staff time shall be calculated at an
hourly rate as established and revised from time to time by the board
of supervisors, which shall be stated in the most current community
development resource agency staff fee schedule.
C.
Notice of Cost Recovery Requirements. The code official shall include in the notice of violation required by Section 17.62.120(A) a statement of the intent of the county to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing if he or she objects to such charges. The notice shall state that the property owner will receive at the conclusion of the enforcement case a summary of administrative costs associated with the processing of the enforcement case at the hourly rate in effect at the time the case is initiated. The notice shall state that the property owner will have the right to object to the charges by filing a written request for hearing with the hearing officer within 14 days of service of the summary of costs, pursuant to subsection D of this section.
D.
Summary of Costs. At the conclusion of the enforcement case, the code official shall send a summary of costs associated with enforcement to the property owner by certified mail. The summary shall include a notice that states that if the owner objects to the charges, a request for hearing must be filed as provided by subsection E of this section, and that if no such hearing is requested, the owner's right to object will be waived and he or she will be fully liable for the charges, pursuant to subsection F of this section.
E.
Hearing on Objection to Charges. Any property owner who receives a summary of costs pursuant to subsection D of this section shall have the right to a hearing before the hearing officer on his or her objections to the proposed costs, as follows:
1.
Request
for Hearing. A request for hearing shall be filed with the hearing
officer within 14 days of the service by mail of the summary of costs,
in the form of a letter explaining the reasons why the property owner
believes the costs are incorrect or that county action to recover
the costs is unreasonable.
2.
Scheduling
of Hearing. Within 30 days of the filing of the request for hearing,
the hearing officer shall hold a hearing to consider the owner's objections
and to determine whether the administrative costs shown in the summary
of costs for the enforcement action are valid.
3.
Decision
by Hearing Officer. In determining whether the costs are valid, the
hearing officer shall consider whether total costs are reasonable
in the circumstances of the case. Factors to be considered include,
but are not limited to:
F.
Collection of Charges. If no request for hearing is filed pursuant to subsection E of this section, or after the validity of the costs is affirmed at the hearing, the property owner shall be liable to the county in the amount stated. Such costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the county.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5625-B § 1, 2010; Ord.
5960-B § 7, 2019; Ord. 6219-B, 9/26/2023)
Any person who establishes a use of land or erects, constructs,
allows, enlarges, moves or maintains any building or structure without
first having obtained any permit or authorization required by Chapter
15, 17, or 19 of this code, shall pay the additional permit processing
fees established by the conditions of approval of such permit(s) or
by the most current community development resource agency fee schedule
for the correction of violations, whichever is appropriate, before
any permit for any building, structure or use on the site is issued.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5625-B § 1, 2010; Ord.
6041-B § 27, 2020)
The code official is empowered to use any of the procedures described by Sections 17.62.120 through 17.62.180 where appropriate to correct violations of, and secure compliance with, the provisions of this code.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010)
The code official shall employ the procedures of this section
in the initiation of enforcement action in cases where he or she has
determined that real property within the unincorporated areas of the
county is being used, maintained, or allowed to exist in violation
of the provisions of Chapter 5, 8, 9, 12, 15, 16, 17, 18, or 19 of
this code. It is the objective of these provisions to encourage the
voluntary cooperation of responsible parties in the prompt correction
of violations of this code, so that the other enforcement measures
provided by this chapter may be avoided where prompt correction occurs.
A.
Notice
to Responsible Parties. The code official shall provide the owner
of the subject site and any person having possession or control of
the site with a written notice of violation, which shall include the
following information:
2.
A statement that the county intends to: (a) charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 17.62.160(A), pursuant to Section 17.62.090 (Recovery of costs); and/or (b) issue a citation initiating a judicial or administrative action;
3.
A
statement that the property owner may request and be provided a meeting
with the code official to discuss possible methods and time limits
for the correction of identified violations.
B.
Time Limit for Correction. The notice of violation pursuant to subsection A shall state that the violation must be corrected within 10 days from the date of the notice to avoid further enforcement action by the county, unless the responsible party contacts the code official within that time to arrange for a longer period for correction. The 10-day time limit may be extended at the discretion of the code official where he or she determines it is likely that the responsible party will correct the violation within a reasonable time. The notice may also state the requirement by the code official that correction shall occur within less than 10 days if the code official determines that the violation constitutes a hazard to health or safety.
C.
Use of other Enforcement Procedures. The enforcement procedures of Sections 17.62.130 through 17.62.180 may be employed by the code official after or instead of the provisions of this section in any case where the code official determines that the provisions of this section would be ineffective in securing the correction of the violation within a reasonable time.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 6041-B § 28, 2020; Ord. 6219-B, 9/26/2023)
The code official is authorized to issue a judicial citation in the form of a "Notice to Appear" to any person who violates any of the provisions of Chapter 5, 8, 9, 12, 15, 16, 17, 18, or 19 of the Placer County Code or who violates any conditions that apply to a land use permit issued by the county. Issuance of a judicial citation shall be pursuant to Article 1.16 of the Placer County Code. Penalties for violation are established by Section 17.62.040 (Penalties) of this article.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 6041-B § 29, 2020)
The code official may initiate procedures to forfeit all or a portion of a bond or cash deposit that has been required pursuant to Section 17.58.190 of this chapter or to any other provision of Chapter 5, 8, 12, 15, 16, 17 or 18 of this code.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010)
The code official may work with county counsel and/or the district
attorney to secure injunctive relief to terminate a violation of any
of the provisions of Chapter 5, 8, 9, 12, 15, 16, 17, 18 or 19 of
this code.
(Ord. 5126-B, 2001; Ord. 5625-B § 1, 2010; Ord. 6041-B § 30, 2020)
The code official may employ the provisions of this section
to secure the abatement of nuisances, as defined by this section.
A.
Nuisance
Defined. A "nuisance" shall be any of the following:
1.
Any
condition declared by a statute of the state of California or by an
ordinance of Placer County to be a nuisance;
2.
Any
public nuisance known at common law or equity;
3.
Any
condition dangerous to human life, unsafe, or detrimental to the public
health or safety;
4.
Any
use of land, buildings, or premises established, operated, or maintained
contrary to the provisions of Chapter 5, 8, 9, 12, 15, 16, 17 or 18
of this code.
B.
Notice of Nuisance. Upon the determination by the code official that a nuisance exists, a notice of nuisance may be prepared and copies served as provided by Section 17.62.080. A notice of nuisance shall include the following information:
1.
A
street address, assessor's parcel number, legal description or other
description sufficient to identify the premises affected;
2.
A
description of the conditions causing the nuisance. Where the code
official has determined that such conditions can be corrected or abated
by repair or corrective action, the notice shall identify the repairs
or corrective actions that will be required, and the time limit within
which the nuisance must be corrected;
3.
An
order to complete abatement of the nuisance within 30 days or other
reasonable time period as determined by the code official;
4.
A
statement that if the nuisance is not corrected as specified, a hearing
will be held before a hearing officer to consider whether to order
abatement of the nuisance;
5.
A statement that the county may recover its enforcement costs under this section, including all administrative costs, as defined in Section 17.62.090, pursuant to Section 17.62.090 and/or by levying a special assessment against the subject property, which may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes pursuant to Section 25845 of the Government Code. Special assessments are subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as are provided for ordinary county taxes;
6.
Where
the code official, in consultation with appropriate county officials,
has determined that the condition causing the nuisance is imminently
dangerous to life or limb, or to public health or safety, the notice
may include an order that the affected property, building or structure
shall be vacated, pending correction or abatement of the conditions
causing the nuisance.
C.
Notice of Nuisance Abatement. If, upon the expiration of the time specified in the notice of nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within the time specified, the code official shall prepare a notice of nuisance abatement, and serve such notice as provided by Section 17.62.080. The notice of nuisance abatement shall contain the following:
D.
Abatement Proceedings. When a notice of nuisance abatement has been prepared and served pursuant to subsection C of this section, nuisance abatement shall proceed as follows:
1.
Hearing
Officer. A hearing on nuisance abatement shall be conducted by a hearing
officer.
2.
Hearing Procedure. The procedure for hearings shall be the same as set forth in Section 17.62.070, and
a.
At the hearing, the respondent shall be given the opportunity to
testify and to present evidence concerning the alleged nuisance(s);
b.
The failure of the respondent to appear at the nuisance abatement
hearing shall constitute a failure to exhaust administrative remedies;
c.
The notice of nuisance abatement, all preceding notices, and/or citations,
and any report submitted by the code official shall constitute prima
facie evidence of the respective facts contained in those documents.
The code official is required to appear at a nuisance abatement hearing;
d.
The hearing officer may continue the hearing to receive additional
information prior to issuing a written decision;
e.
The hearing need not be conducted according to technical rules relating
to evidence and witnesses.
3.
Order
by Hearing Officer. After considering all the testimony and evidence
submitted prior to the close of the hearing, the hearing officer may
take either of the following actions:
a.
Terminate the abatement proceedings and issue an order with findings
to support said termination; or
b.
Issue an order of abatement containing at a minimum the following:
i.
That the owner or affected person shall abate the nuisance, prescribing
a reasonable time (not less than 30 days) for completion of abatement;
ii.
That a request for additional time to complete abatement by a person
subject to an abatement order shall be granted only if the affected
person guarantees abatement within the time to be granted by submitting
a performance guarantee instrument acceptable to the hearing officer
(e.g., a letter of credit, a certificate of deposit, etc.) or, where
applicable, a performance guarantee instrument pursuant to the requirements
of Chapter 17 of this code;
iii.
That, in the event abatement is not commenced, conducted and
completed in accordance with the terms set by the hearing officer,
the code official is empowered and authorized to abate the nuisance.
4.
Service of Order of Abatement. The order of abatement issued by the hearing officer shall be served as provided by Section 17.62.080(A).
5.
Commencement
of Time Limits. The time limits set by the hearing officer for completion
of abatement or other required actions shall begin upon service of
the notice, unless the order of the hearing officer sets specific
dates for completion of abatement.
6.
Compliance with Order Required. It is unlawful and a violation of this code for any person to fail to comply with the provisions of an order of a hearing officer. The penalty for failure to comply with such an order shall be as set forth in Section 17.62.040 (Penalties).
7.
Decision
Final. The decision of the hearing officer pursuant to subsection
(D)(3) shall be conclusive and final.
8.
Recordation
of Order. Any order of abatement issued by the hearing officer pursuant
to subsection (D)(3) may be recorded in the office of the county recorder
of Placer County.
9.
Right
to Judicial Review. Any cited party aggrieved by the final decision
of the hearing officer pursuant to this section may seek judicial
review of the same.
E.
Abatement
and Recovery of Costs. Upon expiration of the time limits established
by subsection (D)(5) of this section, the code official shall acquire
jurisdiction to abate the nuisance, and shall carry out the following
as appropriate:
1.
Disposal
of Materials. Any materials in or constituting any nuisance abated
by the code official may be disposed of, or if directed by the hearing
officer and where such materials are of substantial value, sold directly
by the administrative services department or planning directorl in
a manner approved by county counsel, or sold in the same manner as
surplus county personal property is sold.
2.
Account
of Costs and Receipts. The code official will keep an itemized account
of the costs of enforcing the provisions of this section, and of the
proceeds of the sale of any materials connected therewith.
3.
Demand and Notice of Proposed Special Assessment. Upon completion of abatement, the code official shall prepare a notice to be served as provided in Section 17.62.080(A) and (B), specifying:
a.
The work done;
b.
An itemized account of the costs and receipts of performing the work,
including both the costs of physically abating the nuisance and the
county's administrative costs related to enforcement of this section;
c.
A street address, assessor's parcel number, legal description, or
other description sufficient to identify the premises;
d.
A demand for payment of all abatement costs within 30 days after
service of the notice;
e.
A statement that failure to pay all abatement costs within said 30
day period may result in the levy of a special assessment in that
amount against the subject property;
f.
The time and place where the code official will submit the account
to the board of supervisors for confirmation. The time and place specified
shall be not less than 30 days after service of the notice;
g.
A statement that the board of supervisors will hear and consider
objections and protests to said account and proposed special assessment
or refund.
4.
Hearing
on Account and Proposed Special Assessment. At the time and place
fixed in the notice, the board of supervisors will hear and consider
the account and proposed special assessment, together with objections
and protests thereto. At the conclusion of the hearing, the board
may make such modifications and revisions of the account and proposed
special assessment as it deems just, and may order the account and
proposed special assessment confirmed or denied, in whole or in part,
or as modified and revised. The determination of the board as to all
matters contained there-in is final and conclusive.
5.
Notice
of Lien. Upon confirmation of a special assessment by the board, the
code official shall notify the owners by certified mail, return receipt
requested, of the amount of the pending lien confirmed by the board.
The code official shall then prepare and have recorded in the office
of the county recorder of Placer County a notice of lien. The notice
of lien shall contain:
a.
A street address, assessor's parcel number, legal description, and/or
other description sufficient to identify the premises;
b.
A description of the proceeding under which the special assessment
was made, including the order or resolution of the board confirming
the special assessment;
c.
The amount of the special assessment;
d.
A claim of lien upon the described premises.
6.
Lien.
Upon the recordation of a notice of lien, the amount claimed shall
constitute a lien upon the described premises, pursuant to Section
25845 of the Government Code. Such lien shall be at a parity with
the liens of state and county taxes.
7.
Collection
with Ordinary Taxes. After recordation, the notice of lien shall be
delivered to the county auditor, who will enter the amount of the
lien on the assessment roll as a special assessment. Thereafter the
amount set forth shall be collected at the same time and in the same
manner as ordinary county taxes, and shall be subject to the same
penalties and the same procedures and sale in case of delinquency
as are provided for ordinary county taxes; all laws applicable to
the levy, collection and enforcement of county taxes are hereby made
applicable to such assessment.
F.
Costs incurred by the county in abating a nuisance pursuant to this section may also be recovered pursuant to Section 17.62.090.
G.
If,
within one year of the completion of a nuisance abatement action,
the respondent resumes conduct in violation of the same provisions
of this code that formed the basis of the original abatement proceedings,
the code official may bypass the notice of nuisance and immediately
issue a notice of nuisance abatement.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5625-B § 1, 2010; Ord.
5960-B § 8, 2019; Ord.
6041-B § 31, 2020; Ord. 6219-B, 9/26/2023)
The code official may initiate proceedings as provided by this
section to revoke the approval of any permit issued pursuant to any
provision of Chapter 5, 8, 9, 12, 15, 16, 17 or 18 of this code, in
any case where it is determined that the permit was obtained through
misrepresentation, or where a use of land has been established or
is conducted in a manner that violates or fails to comply with the
provisions of this code or a condition of approval, or where the use
of land is undertaken in violation of any local, state or federal
law which affects the health, safety, peace, morals or general welfare
of the public.
A.
Notice of Revocation. The code official shall notify the permittee of the intended revocation of the approval of a permit at least 21 days before a revocation hearing (Section 17.62.070, Enforcement hearings). Such notice shall contain the following:
B.
Revocation Hearing. Before any action is taken to revoke an approved permit, a hearing shall be conducted pursuant to Section 17.62.070. If the permit to be revoked is a conditional use permit, the revocation hearing shall be conducted by the planning commission. If revocation of a minor use permit, an administrative review permit or zoning clearance is being considered, the hearing shall be conducted by the agency director or designee acting as zoning administrator. If revocation of one or more Placer County Conservation Plan (PCCP) authorizations is being considered, the hearing shall be conducted by the planning commission.
C.
Action
to Revoke. If, after the revocation hearing has been conducted, the
hearing officer finds that grounds for revocation have been established,
the hearing officer may:
1.
Allow
the permitted additional time to correct the violation or noncompliance;
or
2.
Modify
conditions of approval on the basis of evidence presented at the hearing;
or
3.
Revoke the approved permit or land conversion authorization and order the discontinuance or removal of the approved use within a time specified by the hearing officer. In the absence of an appeal pursuant to subsection D of this section, the revocation shall become effective 14 days after the action of the hearing officer. Upon the effective date of revocation, the code official shall initiate nuisance abatement proceedings by preparing and serving a notice of nuisance pursuant to Section 17.62.160(B), with the time limit for action by the permittee specified in the notice being that set by the hearing officer in the revocation order.
D.
Appeal.
The permittee may appeal the decision of the hearing officer to the
board of supervisors. Upon appeal, revocation shall not take effect
until affirmed by the board. After the hearing, the board may affirm,
modify or reverse the decision to revoke the permit.
E.
Use
after Revocation. When an approved permit has been revoked, no further
development or use of the property authorized by the revoked permit
shall be continued, except pursuant to approval of a new permit and
any other authorizations or permits required by Chapter 5, 8, 12,
15, 16, 17, 18, or 19 of this code.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5625-B § 1, 2010; Ord.
6041-B § 32, 2020; Ord. 6219-B, 9/26/2023)
This section provides for the issuance of administrative citations and imposition of fines as authorized by California Government Code Sections 25132 and 53069.4, and is in addition to all other legal remedies, criminal or civil, which may be pursued by the county. The code official is authorized by the board of supervisors to employ the provisions of this section and issue an administrative citation to any person who violates any provision of Chapter 5, 8, 9, 12, 15, 16, 17, 18, or 19 of this code and for nuisances defined in Section 17.62.160(A).
A.
Warning
of an Administrative Citation.
1.
Whenever
the code official determines that a violation has occurred, the code
official shall issue a warning of an administrative citation to the
owner and, if known, any other person responsible for the violation
as a prerequisite to the issuance of a first administrative citation.
2.
A
warning shall not be required as a prerequisite to the issuance of
a first administrative citation whenever the code official determines
the violation creates an immediate danger to health or safety.
3.
A
warning is not given before the issuance of a second or any subsequent
administrative citation for a continuing or repeated violation.
B.
Administrative
Citation.
1.
Whenever
the code official determines that a violation has occurred, the code
official may issue an administrative citation to the owner of the
property after any required warning has first been issued. Each and
every day during which a violation is committed, continued or permitted
shall constitute a separate violation. An administrative citation
may contain more than one allegation of violation.
2.
Each
administrative citation shall contain the following information:
a.
The date(s) of the violation;
b.
The street address, assessor's parcel number, and/or other description
of the location where the violation occurred;
c.
The code section(s) violated, a description of the violation, and
the dates the violation has occurred;
d.
The fine imposed for the code violation(s), including instructions
for payment of the fine; and
e.
The name and signature of the citing code official.
C.
Service of Warning or Administrative Citation. Service of a warning or an administrative citation may be accomplished as provided for in Section 17.62.080. Where personal service is used, the signature of the owner or person in apparent possession or control of the subject site may be obtained on the administrative citation. If the owner or person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of service nor of the citation and subsequent proceedings.
D.
Appeals. A party may appeal an administrative citation issued pursuant to Section 17.62.180 to a hearing officer by filing a written notice of appeal to the code enforcement division within 10 calendar days of the issuance of the administrative citation.
1.
If an appeal is filed, the code enforcement officer or designee
shall schedule an appeal hearing with a hearing officer selected from
a list of appointed hearing officers who are not current county employees.
Such appeal hearing shall be heard within 30 days from the date of
receipt of the appeal.
2.
Once the appeal hearing has been scheduled, written notification
thereof shall be given to the party by email and certified mail at
least 10 calendar days prior to the hearing date.
3.
The failure of the party issued the administrative citation
to timely file an appeal shall constitute a failure to exhaust administrative
remedies.
E.
Hearing.
1.
Hearing Procedure. The procedure for hearings shall otherwise be the same as set forth in Section 17.62.070, and
a.
At the hearing, the party issued the administrative citation shall
be given the opportunity to testify and to present evidence concerning
the administrative citation;
b.
The failure of the party issued the administrative citation to appear
at the administrative citation hearing shall constitute a failure
to exhaust administrative remedies;
c.
The administrative citation and any additional report submitted by
the code official shall constitute prima facie evidence of the respective
facts contained in those documents. The code official is required
to appear at an administrative citation hearing;
d.
The hearing officer may continue the hearing to receive additional
information prior to issuing a written decision;
e.
The hearing need not be conducted according to technical rules relating
to evidence and witnesses.
2.
Hearing
Officer's Decision.
a.
After considering all of the testimony and evidence submitted at
the hearing, the hearing officer shall issue a written decision to
uphold, uphold in part or deny the administrative citation and shall
list in the decision the reasons for that decision.
b.
If the hearing officer determines that the administrative citation
should be upheld, the hearing officer may: issue an order prohibiting
the continuance of conditions constituting the violation, impose a
fine for each day the violation has occurred or will continue to occur,
suspend payment of any fine contingent upon correction of the violation
within a specified time period, or take such other action with respect
to imposing a fine in accordance with this article as will facilitate
correction of the violation.
c.
The hearing officer shall serve a copy of the decision on the owner
and the county.
d.
The decision of the hearing officer as to the finding of a violation pursuant to subsection (2)(a) shall be conclusive and final. The decision of the hearing officer as to the imposition of penalties pursuant to subsection (3)(b) may be appealed to the planning commission by any person responsible for correction of the violation or payment of the fine, but the decision of the hearing officer as to uphold, uphold in part or deny the administrative citation pursuant to subsection (3)(a)shall be final.
3.
Right
to Judicial Review. Any cited party aggrieved by the final decision
of the hearing officer on an administrative citation may obtain review
of the administrative decision in accordance with the timelines and
provisions set forth in California Government Code Section 53069.4.
F.
Amount
of Fines.
1.
The
fine for code violation(s) imposed pursuant to this section shall
be $500 for each violation contained in the first administrative citation;
up to $750 for each violation contained in a second administrative
citation issued for violation of the same ordinance on the same property,
within one year of the final date that a prior administrative citation
for a violation of the same provision on the same property was upheld
(in whole, part, or as modified) or uncontested; up to $1,000 for
each violation contained in a third or subsequent administrative citation
issued for violation of the same ordinance on the same property, within
one year of the final date that a prior administrative citation for
a violation of the same provision on the same property was upheld
(in whole, part, or as modified) or uncontested. The fine amounts
shall be cumulative where multiple citations are issued.
G.
Payment
of the Fine.
1.
The
fine shall be paid to the county within 30 calendar days of issuance
of the administrative citation, or in accordance with the payment
schedule as determined by the decision of the hearing officer.
2.
Payment
of a fine under this section shall not excuse or discharge any continuation
or repeated occurrence of the code violation that is the subject of
the administrative citation.
H.
Collection
Administration Charge. Any cited party who fails to pay to the county
any fine imposed pursuant to the provisions of this section on or
before the date that fine is due shall also be liable for the payment
of a collection administration charge in the amount of 10% of the
total fine amount owed.
I.
Recovery of Administrative Citation Fines and Collection Costs. The county may also recover its costs and collection costs pursuant to Section 17.62.090. The failure of any cited party to pay a fine assessed by an administrative citation or a collection administration charge by the due date shall constitute a debt to the county. The county may seek payment of the debt by use of all available legal means, including, but not limited to, the following:
1.
The
county may refer the debt for collection;
2.
The
county may file a civil action in a court of law to recover the debt;
3.
The county may impose a special assessment and record a lien upon the real property upon which the violation is located pursuant to the procedures provided in Section 17.62.160(E) to the maximum extent allowed by law.
(Ord. 5625-B § 1, 2010; Ord. 5960-B § 9, 2019; Ord. 6041-B § 33, 2020; Ord. 6219-B, 9/26/2023)
