The Director and/or designee, may issue a notice of violation to any person found to be in violation of a provision of this chapter, including, but not limited to, any regulation, information request, order, variance, condition, or other requirement that the Director, or designee, is authorized to enforce or implement pursuant to this chapter. Issuance of a notice of violation may also result in issuance of an administrative enforcement order pursuant to Section
6.32.510 of this chapter.
(SCC 1465 § 2, 2010)
When any person has engaged in, is engaged in, or threatens
to engage in, any acts or practices which violate this chapter, or
any resolution, rule, or regulation adopted pursuant to this chapter,
the office of the County Counsel for Sacramento County may apply to
any court of competent jurisdiction for an order enjoining those acts
or practices, or for an order directing compliance.
(SCC 1465 § 2, 2010)
If the Director, or designee, determines that a person has committed,
or is committing, a violation of any provision, permit, information
request, order, variance, condition, or other requirement of this
chapter that the Director, or designee, is authorized to enforce or
implement, the Director, or designee, may issue an administrative
enforcement order, after issuing a notice violation or in combination
with a notice of violation, requiring that the violation be corrected
and imposing an administrative penalty.
(SCC 1465 § 2, 2010)
The recipient of a notice of violation or administrative enforcement
order shall be liable for a penalty of not more than $1,000 for each
day on which each violation occurs and/or continues.
(SCC 1465 § 2, 2010)
Any notice of violation, permit revocation, administrative enforcement
order or other enforcement action pursuant to the requirements of
this chapter shall be subject to the following requirements:
A. Delivery
shall be deemed complete upon either personal delivery to the recipient
or by certified mail;
B. Where
the recipient of the notice or order is the owner of the premises,
the address for notice or order shall be the address from the most
recently issued equalized assessment roll for the premises;
C. Where
the owner or occupant of any premises cannot be located after reasonable
efforts of the Director, or designee, the notice or order shall be
deemed delivered after posting on the premises for a period of 10
business days.
(SCC 1465 § 2, 2010)
A. Following
the hearing, the Hearing Officer shall issue an order in writing no
later than 30 days from the date of the hearing, unless the time is
waived by the parties. The order shall contain findings of fact and
rationale appropriate to the violation and result, and a resolution
of the essential issues raised, including the following:
1. Confirmation
or denial of the occurrence of violations of this chapter that are
alleged by the Director, or designee;
2. Confirmation
or rejection of any administrative civil penalty sought by the Director,
or designee, and establishment of the monetary amount of any administrative
civil penalty to be enforced; and
3. Confirmation,
amendment, or rejection of required corrective actions related to
compliance with this chapter that are imposed by the Director, or
designee, but only if those requirements are appealed by the person.
B. The
Hearing Officer's order shall uphold required corrective actions if
the person fails to show clear and convincing evidence that the required
corrective actions are unreasonable or unnecessary for achieving or
demonstrating ongoing compliance with this chapter. The Hearing Officer's
order may amend, or reject required corrective actions, provided that
compliance with this chapter will be achieved.
C. The
Hearing Officer's order shall inform the person that failure to comply
with the Hearing Officer's order shall constitute a misdemeanor and
is subject to additional enforcement action, including criminal penalties
and additional civil and administrative penalties.
D. The
Hearing Officer's order shall inform the person that the time and
manner by which a person may file a challenge to the Hearing Officer's
order is governed by
Government Code Section 53069.4, or any successor
provision thereto.
E. The order issued by the Hearing Officer pursuant to this chapter shall be effective upon issuance. A copy of the order shall be delivered by the Hearing Officer in accordance with Section
6.32.530 of this chapter.
F. Preparation
of a record of the administrative proceeding shall be governed by
the provisions of the Cod of Civil Procedure Section 1096.4.
G. Any
challenge to the order of the Hearing Officer concerning any appeal
or administrative civil penalty shall be governed by
Government Code
Section 53069.4, or any successor provision thereto. Service of the
notice of appeal authorized by
Government Code Section 53069.4 on
the County shall be served upon the Director.
H. After
any notice or order made pursuant to this chapter shall have become
final, no person to whom any such order is directed shall fail, neglect
or refuse to obey such order. The Director, or designee, may pursue,
through County Counsel or the District Attorney, appropriate judicial
action against any person who fails to comply with any such notice
or order, including charging that person with a misdemeanor offense.
(SCC 1465 § 2, 2010; SCC
1618 § 69, 2018)
This chapter does not do any of the following:
A. Otherwise
affect the authority of the Director, or designee, to take any other
action authorized by any other provision of law;
B. Restrict
the power of a city attorney, district attorney, or the Attorney General
to bring, in the name of the people of California, any criminal proceeding
otherwise authorized by law;
C. Prevent the Director, or designee, from cooperating with, or participating in, proceeding specified in Section
6.32.580(B).
(SCC 1465 § 2, 2010)
If the total assessment determined as provided in Section
6.32.570 is not paid in full within 30 days after receipt of notice, the Director, or designee, may record in the office of the County Recorder a statement of the total balance due and a legal description of the property. From the date of such recording, the balance due shall be a special assessment against the described property.
(SCC 1465 § 2, 2010)
The assessment shall be collected at the same time and in the
same manner as ordinary ad valorem County taxes are collected, and
shall be subject to the penalties and the same procedure and sale
in case of delinquency as provided for County ad valorem taxes. All
laws applicable to the levy, collection, enforcement and penalties
of County ad valorem taxes shall be applicable to such assessment.
(SCC 1465 § 2, 2010)