A. 
The director of each County department, hereinafter referred as "department head," is hereby authorized to use the provisions of this Code for the purpose of abating nuisances which exist as the result of violation of this ordinance for which his or her department has primary enforcement responsibility.
B. 
As used herein the term "department head" shall include the designated representatives of such department head, the fire chief and authorized representatives as concerns Section 16.18.401(O) and the Director of Animal Control and authorized representatives as concerns Section 16.18.401(M).
(SCC 0982 § 1, 1995; SCC 1578 § 2, 2015)
To the extent authorized by law, the department head or designated representative may enter on such premises at reasonable times to make inspections authorized by Sacramento County Code or state law.
(SCC 0982 § 1, 1995)
A. 
Every owner of real property within the unincorporated area of the County is required to maintain such property in a manner so as to not violate the provisions of this Code, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
B. 
Every occupant, lessee or holder of any interest in property, other than an owner thereof, is required to maintain such property in the same manner as is required of the owner thereof, and the duty imposed by this section on the owner thereof, shall in no instance relieve those persons herein referred to from the similar duty.
C. 
Every person or entity causing or creating a public nuisance upon the property of another or upon public property shall be subject to the enforcement provisions set forth in Article II of this chapter. Where notice would ordinarily be served upon the owner, occupant, lessee or holder of any interest in the subject property, the required notice may be served upon the person or entity causing or creating the nuisance, if the identity of such person or entity can be ascertained. The authority established by this subsection shall be in addition to any other authority or remedy provided by law to address conditions constituting a nuisance. This provision shall not be interpreted to prohibit the County from requiring a property owner to abate a nuisance on his or her property regardless of whether the nuisance is caused by another individual or entity. Nor shall this provision be interpreted to limit any abatement or cost recovery rights of the County authorized by law.
(SCC 0982 § 1, 1995; SCC 1572 § 2, 2014; SCC 1578 § 3, 2015)
In order to hear cases brought by the department head under the provisions of this Code, the Board of Supervisors hereby establishes for such purpose the Office of County Hearing Officer under authority of and pursuant to Government Code Section 27720 to which Office the County Executive shall appoint one or more hearing examiners. Such examiners shall serve at the pleasure of the Board. A hearing examiner may be a County employee. However, a hearing examiner shall not have interests in any property subject to any hearing at which such examiner presides. The Board of Supervisors hereby delegates to such hearing examiners those powers and duties set forth in Government Code Section 25845.
(SCC 0982 § 1, 1995; SCC 1430 § 1, 2009)
A. 
Notice to Appear Citation. Law enforcement agencies and County Code enforcement agencies may issue a notice to appear citation to the property owner and any person occupying or leasing the property or premises of another for violation of this code.
B. 
Infractions. A property owner and any person occupying or leasing the property or premises of another, who violates any provision of this code shall be guilty of an infraction. Each day, or portion thereof, a violation exists may be a new and separate offense. The first three violations of the same section of this division on the same property within one year may be considered infractions and may be punished as follows:
1. 
For conviction(s) on the first citation, a fine of up to $100 for each violation alleged therein, plus any additional penalties assessed by the Court.
2. 
For conviction(s) on the second citation, a fine of up to $200 for each violation alleged therein, plus any additional penalties assessed by the Court.
3. 
For conviction(s) on the third citation, a fine of up to $500 for each violation alleged therein, plus any additional penalties assessed by the Court. (Pursuant to Government Code Section 25132.)
C. 
Misdemeanor. If the number of convictions of any section of this code on the same property exceeds three, the property owner and any person occupying or leasing the property or premises of another shall be guilty of a misdemeanor and upon conviction thereof may be punishable as follows:
1. 
By a fine; or
2. 
By imprisonment in the County Jail for a term of not more than six months; or
3. 
By such fine and/or imprisonment as noted in subsections (C)(1) and (C)(2).
D. 
Notwithstanding subsections A, B and C, the District Attorney may file a misdemeanor for any violation of this code. In addition, County Counsel may take other steps and apply to such court to seek any and all legal or equitable relief as permitted under law.
(SCC 0982 § 1, 1995; SCC 1030 § 2, 1996; SCC 1125 § 1, 1999; SCC 1146 § 1, 1999; SCC 1460 § 1, 2010)
A. 
Citation. In addition to any other remedies provided by County Code or state law, a violation of any provision of this Code is subject to administrative penalty.
1. 
Notice. The administrative penalty citation shall be directed to the owner of the property in violation, and shall contain:
a. 
The date, approximate time, and location of the violation(s);
b. 
The conditions constituting the violation(s) and the code section(s) violated;
c. 
A time period for correction/abatement of the violation;
d. 
For imminent health or safety violations, a description of the imminent danger;
e. 
A statement that failure to correct/abate the violation within the noted correction period will result in imposition of the administrative penalty;
f. 
The amount of the penalty;
g. 
An advisement of administrative review rights pursuant to this section and the address at which a written request for administrative review must be delivered;
h. 
A statement advising the citation recipient the County will seek recovery of administrative costs and attorneys' fees as authorized by the California Government Code and this Code;
i. 
The name, signature, and contact information of the party issuing the citation.
2. 
Service. The citation, and any amended or supplemental citation, shall be served by personal delivery or certified mail, postage prepaid and return receipt requested, upon the owner. Citations delivered by mail shall be addressed to the owner at the address shown on the last equalized assessment roll, at the address listed on the recorded deed or deed of trust for violations of California Civil Code Section 2929.3, or at any other address(es) ascertained to be more accurate. A copy of the citation shall also be posted at the property in violation. Proof of service of the citation shall be retained by the department head until the violation(s) are corrected, abated, or the enforcement case is otherwise closed.
B. 
Failure to Remedy or Seek Administrative Review. Failure of any person to correct or abate the cited violation(s) within the correction period, or file for administrative review pursuant to this section is a waiver of his or her right therein. The cited penalty shall be imposed and fully due upon the latter of expiration of the correction period or 10 business days from citation service, unless correction(s) is/are verified, an extension is granted, or administrative review is requested.
C. 
Administrative Review Hearing. Any person cited may contest imposition of the administrative penalty by submitting to the department head at the address listed on the citation a written request for administrative review hearing.
1. 
Time to Contest Citation. A request for administrative review hearing must be received within 10 business days from the date the citation was served for violation(s) not cited as an imminent health or safety hazard. For violation(s) citied as imminent health or safety hazard(s), a request must be received within four calendar days from the date the citation was served.
2. 
Hearing Officer. Upon receipt of a timely and properly filed request for administrative review hearing, the department head shall schedule a public hearing before a County Hearing Officer appointed pursuant to California Government Code Section 27720.
3. 
Notice of Public Hearing. Notice of the time, date, and location for the administrative review hearing shall be served in the same manner as a citation pursuant to this section. Such notice shall be served no later than 15 calendar days prior to the hearing.
4. 
Hearing Procedure. At the time set for hearing, the County Hearing Officer shall proceed to hear the testimony and receive evidence of all parties. Formal rules of evidence shall not apply at the hearing. The proceedings may be reported by a tape recorder. Any party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. A party may be self-represented, or represented by anyone of their choice.
a. 
The County Hearing Officer shall administer an oath or affirmation.
b. 
The County Hearing Officer may issue subpoenas to compel the attendance of witnesses.
c. 
The County Hearing Officer may take official notice of any matter which would be subject to judicial notice by the courts of this state, or of any matter which may appear in the official records of this County or its departments.
d. 
The County Hearing Officer may inspect the property or item(s) involved in the hearing provided that notice of inspection is given prior to inspection, parties are given an opportunity to be present, a statement of material facts observed and conclusions drawn is included in the record, and any party may include in the record a statement rebutting or explaining the Hearing Officer's facts or conclusions.
5. 
Continuance. The County Hearing Officer may grant continuances from time to time upon request and for good cause, or upon his or her own motion. Notice of continuance shall be mailed by the department head to the person cited.
6. 
Decision. The decision of the County Hearing Officer shall be in writing and issued within 10 calendar days of the hearing. The decision shall contain findings of fact, a determination to uphold or rescind the issued citation, and advise that the time for judicial review of the decision is governed by the California Government Code Section 53069.4. The decision shall be served upon the cited person by the department head in the same manner as a citation pursuant to this section.
7. 
Finality. The decision of the County Hearing Officer shall be final upon service.
D. 
Judicial Review. The manner of contesting the decision of the Hearing Officer is governed by California Government Code section 53069.4. Service of a notice of appeal authorized by California Government Code section 53069.4 shall be served upon the Clerk of the Board of Supervisors.
E. 
Collection. Payment of a penalty is due in full the later of: (1) the day after the correction period expires and correction has not been verified; (2) the day after the time to contest the citation expires if no administrative review request is filed; or (3) 10 calendar days after service of a County Hearing Officer decision upholding the citation. The County may pursue all reasonable and legal means in collecting sums due.
(SCC 1460 § 2, 2010; SCC 1578 § 4, 2015)
A. 
The citation shall provide a correction/abatement period of 30 calendar days for Housing and Building Code violations that are not an imminent health or safety hazard, and violations of California Civil Code Section 2929.3. Housing and Building Code violation(s) cited as imminent health and safety hazard(s) may require correction/abatement within five calendar days. All other code violations will have a reasonable correction period, not to exceed 10 business days. The department head may, in writing and served pursuant to this section without property posting, grant an additional period of time for correction/abatement.
B. 
Penalties.
1. 
Penalties for violations of building or housing codes shall be assessed as follows:
a. 
$100 for the first violation;
b. 
$500 for the second violation of the same ordinance within one year of the first citation;
c. 
$1,000 for each additional violation of the same ordinance within one year of the first citation.
2. 
Penalties for violations of all other codes not otherwise specified shall be assessed as follows:
a. 
$100 for the first violation;
b. 
$200 for the second violation of the same ordinance within one year of the first citation;
c. 
$500 for each additional violation of the same ordinance within one year of the first citation.
3. 
Penalty for violation of California Civil Code Section 2929.3 shall be up to $1,000 per day, commencing on the day following expiration of the correction period. In determining the amount of the fine, the department head shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation.
(SCC 1460 § 3, 2010; SCC 1578 § 5, 2015)
Each person violating this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted. Any violation which persists for more than one twenty-four (24) hour period is deemed a continuing violation for the purpose of this chapter.
(SCC 1460 § 4, 2010)
Pursuant to Government Code Section 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, the Court may order the owner to pay treble the costs of the abatement. This section does not apply to conditions abated pursuant to Health and Safety Code Section 17980.
(SCC 1460 § 5, 2010)
Pursuant to Government Code Section 25845, attorneys' fees may be recovered by the prevailing party. However, 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 proceedings.
(SCC 1460 § 6, 2010)