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)
A. 
In addition to any other content, a notice of violation shall contain the following elements:
1. 
A statement of the Director, or designee's, findings that indicates a violation has occurred;
2. 
A citation of the provision of this chapter including any regulation, permit, information request, order, variance, condition, or other requirement that has been violated;
3. 
A date by which any person must be in compliance with this chapter including any regulation, permit, information request, order, variance, condition, or other requirement, or a date by which an action plan must be submitted by the person to propose a means and time frame by which to correct violations. The Director, or designee, may extend the compliance date when good cause exists for such an extension;
4. 
Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons;
5. 
Notification that a violation of this chapter may result in an administrative civil penalty in accordance with Section 6.32.510 of this chapter, or in criminal penalties;
6. 
Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the Director, or designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s).
B. 
In addition to any other content, a notice of violation may establish required corrective actions, including the following:
1. 
Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:
a. 
Cessation of prohibited actions,
b. 
Correction of prohibited conditions,
c. 
A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter,
d. 
Inspection and/or reporting requirements to demonstrate ongoing compliance;
2. 
A requirement that the person receiving same shall submit written certification to the Director, or designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the notice of violation may require documentation that substantiates the certification, including, but not limited to, receipts, inspection reports, contracts, or photographs;
3. 
Any other terms or conditions reasonably calculated to prevent additional or on-going violations of this chapter.
C. 
An administrative enforcement order pursuant to Section 6.32.510 of this chapter may be issued separately, but only after issuance of a notice of violation, or in combination with a notice and order, for the same violations or set of related violations.
(SCC 1465 § 2, 2010)
A. 
The Director may issue a cease and desist order requiring the owner or operator of any residence, multifamily residential facility, business or any other occupied structure, or any other person responsible for any violation of this chapter, to take any of the following actions:
1. 
Immediately discontinue any prohibited discharge of liquid waste material;
2. 
Immediately discontinue any other violation of this chapter;
3. 
Satisfactorily remediate the area affected by the violation.
B. 
The Director may issue an administrative enforcement order, pursuant to Section 6.32.510 of this chapter, if it has been determined that an owner or operator has not complied with any or all provision(s) of any cease and desist order.
(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)
A. 
In addition to any other content, an administrative enforcement order shall contain the following elements:
1. 
A statement of the Director, or designee's, findings that indicates a violation has occurred;
2. 
A citation of the provision of this chapter including any regulation, information request, order, variance, condition, or other requirement that has been violated;
3. 
A date by which any person must be in compliance with this chapter, or a date by which an action plan must be submitted by the person to propose a means and time frame by which to correct violations. The Director, or designee, may extend the compliance date when good cause exists for such an extension;
4. 
Notification that continued noncompliance may result in additional enforcement action being taken against the business, facility, or any responsible persons;
5. 
Notification as to whether an administrative civil penalty is imposed and the terms and conditions of payment if any;
6. 
In establishing the penalty amount, the Director, or designee, shall take into consideration:
a. 
The nature, circumstances, extent, and gravity of the violation,
b. 
The violator's past and present efforts towards compliant behavior,
c. 
The violator's ability to pay the penalty,
d. 
The deterrent effect that the imposition of the penalty would have on both the violator and the community;
7. 
Notification that the correction of any alleged violation(s) within the specified deadline date(s) will not necessarily prevent the Director, or designee, from issuing an administrative enforcement order and imposing administrative civil penalties relating to the alleged violation(s);
8. 
Notification that the recipient has a right to a hearing on the matter as set forth in Section 6.32.540 of this chapter to appeal any findings or required corrective actions established by the Director, or designee;
9. 
Notification of procedures for requesting a hearing established according to Section 6.32.540 of this chapter.
B. 
In addition to any other content, an administrative enforcement order may establish required corrective actions, including the following:
1. 
Terms, conditions, and requirements reasonably related to the provisions of this chapter, including the following:
a. 
Cessation of prohibited actions,
b. 
Correction of prohibited conditions,
c. 
A requirement for submittal of a written action plan for achieving and maintaining compliance with this chapter,
d. 
Inspection and/or reporting requirements to demonstrate ongoing compliance;
2. 
A requirement that the person receiving same shall submit written certification to the Director, or designee, that the necessary corrective actions have been completed. As appropriate for the type of correction action taken, the administrative enforcement order may require documentation that substantiates the certification, including, but not limited to, receipts, permits, inspection reports, contracts, or photographs;
3. 
Any other terms or conditions reasonably calculated to prevent additional or on-going violations of this chapter.
C. 
A notice of violation or an administrative enforcement order may be issued separately or in combination with another notice or order for the same violations or set of related violations.
(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. 
Any person, owner or operator served with an administrative enforcement order issued pursuant to this chapter who has been unable to resolve any violation with the Director, or designee, may within 15 days after service of the order, request a hearing pursuant to this section by filing with the Director, or designee, a notice of defense, which form shall be provided with the administrative enforcement order.
1. 
A notice of defense shall be deemed filed within the 15 day period provided by this subsection if it is postmarked no later than 15 days after service of the order.
2. 
If no notice of defense is filed within the time limits provided by this subsection, the administrative enforcement order shall become final.
B. 
A person, owner or operator requesting a hearing on an order issued by the Director, or designee, under this chapter may select the Hearing Officer specified in either subsection (B)(1) or (2) in this section by indicating so on the notice of defense filed with the Director, or designee. If a notice of defense is filed but no Hearing Officer is selected, the Director, or designee, may select the Hearing Officer pursuant to either subsection (B)(1) or (2) of this section. Within 60 days of receipt of the notice of defense by the Director, or designee, the hearing shall be scheduled using one of the following:
1. 
An administrative law judge of the office of Administrative Hearings of the Department of General Services, shall conduct the hearing in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, and the Director, or designee, shall have all the authority granted to the agency by those provisions.
2. 
A Sacramento County Hearing Officer appointed pursuant to Government Code Sections 27720, et seq. Each Hearing Officer shall also meet the requirements of Government Code Section 11425.30 and any applicable restriction.
C. 
When a hearing is conducted by a Hearing Officer designated by the Director, or designee, the Hearing Officer shall issue a decision within 30 days after the hearing is conducted. Each Hearing Officer designated by the Director, or designee, shall meet the requirements of Section 11425.30 of the Government Code and any other applicable restriction.
D. 
Alternative dates for the hearing may be established by mutual consent of the person, owner or operator, and the Director, or designee, or as ordered by the Hearing Officer.
E. 
The hearing decision issued pursuant to subsection C of this section shall be effective and final upon issuance by the Director, or designee. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any.
F. 
The hearing decision issued pursuant to subsection C of this section may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the Director, or designee, if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.
G. 
All administrative penalties and filing fees collected from actions brought by the Director, or designee, pursuant to this section paid to the Director, or designee, shall be deposited into a special account that shall be expended to fund the activities of the Sacramento County Environmental Management Department in enforcing this chapter.
(SCC 1465 § 2, 2010)
A. 
General. At the time set for hearing, the Hearing Officer shall state what the prima facie case is, what the burden of proof is, and what the ranges of penalties are. The Hearing Officer shall proceed to hear the testimony of the Director, or designee, the person, and other competent persons respecting the circumstances of the violation, and other relevant facts concerning the matter. The Hearing Officer shall follow the rules of procedure for conducting hearings established by this chapter.
B. 
Record of Oral Evidence at Hearing. A record of the entire hearing proceedings shall be made by either a certified court reporter or any other means of permanent recording determined to be appropriate by the Hearing Officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established and revised from time-to-time by the Director, or designee.
C. 
Continuances. The Hearing Officer may, upon request of the person, a party in interest, or the Director, or designee, grant continuances from time to time for good cause shown, or upon his/her own motion. Any continuance granted shall in no way diminish the responsibility of the person and/or parties in interest for maintaining the premises, nor affect other requirements of this chapter regarding time for challenging any decisions made or actions taken.
D. 
Oaths—Certification. The Hearing Officer or certified court reporter shall administer the oath or affirmation.
E. 
Evidence Rules. Government Code of the State of California Section 11513, as presently written, or hereinafter amended, shall apply to hearings conducted under this chapter.
F. 
Rights of Parties. Each party may represent themselves, or be represented by anyone of their choice. Each party may appear at the hearing and offer evidence in this matter and cross examine witnesses.
G. 
Official Notice. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this State.
H. 
Burden of Proof. The burden of proof in hearings held pursuant to this chapter shall be as follows:
1. 
In the case of any notice or order, the Director, or designee, shall bear the burden of proof, by a preponderance of evidence, to show that a violation of this chapter has occurred.
2. 
In the case of a notice of administrative civil penalty, the Director, or designee, shall bear the burden of proof, by a preponderance of evidence, to show that a penalty should be assessed.
3. 
In the case of an appeal regarding the occurrence of a violation, or of required corrective actions, the appellant shall bear the burden of proof, by clear and convincing evidence, to show cause for amending or rejecting all or part of the corrective actions or requirements imposed by the Director, or designee, by a notice or order.
(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)
A. 
The administrative penalty shall be due and payable within 30 days after the Hearing Officer's decision is issued. If the penalty is not timely paid, the Director, or designee, may pursue all reasonable and legal means in collecting those sums authorized and due.
B. 
All administrative civil penalties collected from actions brought pursuant to this chapter shall be paid to the Director, or designee, enforcing this chapter, and shall be deposited into a special account that shall be expended to fund the activities of the Department to implement the applicable provisions of this chapter.
(SCC 1465 § 2, 2010)
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)