The California Environmental Quality Act (commonly known as
CEQA and found at Public Resources Code Section 2100 et. seq.) was
enacted in 1970 with the finding that the maintenance of a quality
environment is a matter of statewide concern. The Legislature, in
adopting CEQA, declared, as a matter of policy, that public agencies
are not to approve projects as proposed if the significant environmental
effects of such projects can be substantially reduced through feasible
alternatives or feasible mitigation measures.
CEQA procedures were established by the Legislature to assist
public agencies in the systematic identification of the significant
environmental effects of proposed projects. These effects are identified
in two types of environmental documents: Environmental Impact Reports
and Negative Declarations.
Environmental Impact Reports ("EIRs") containing findings of
significant impacts are required to identify mitigation measures needed
to reduce impacts to a less than significant level. Negative Declarations
can also identify mitigation measures that reduce impacts to a less
than significant level.
In 1988, the Legislature added to CEQA a requirement that a
public agency, in approving feasible mitigation measures contained
in EIRs and Negative Declarations, must also adopt a mitigation monitoring
and reporting program. Such a program is to be designed to ensure
compliance with the changes to a project and the conditions of approval
of a project which were required by the public agency in order to
reduce or avoid significant environmental effects.
The purpose of this Ordinance is to set forth the procedures
and requirements to be followed in this County with regard to the
preparation and adoption of, and compliance with, mitigation monitoring
and reporting programs for proposed projects when those programs are
necessary to meet the requirements of CEQA.
In adopting this Ordinance, the Board of Supervisors is mindful
of the Legislature's intent in enacting CEQA. Protection of the public
health, safety, and welfare was a fundamental reason for the passage
of CEQA.
This Ordinance is in furtherance of the legislative intent of
CEQA. In that regard, it is necessary to the protection of the public
health, safety, and welfare that civil enforcement measures be utilized
in addition to criminal penalties when this Ordinance is violated.
In particular, when there is noncompliance with an adopted mitigation
monitoring and reporting program and when that noncompliance presents
a serious and immediate threat to the public health, safety and welfare,
a stop work order is the best possible means of minimizing this threat.
Other civil and administrative remedies such as injunctive relief,
revocation of permit, or abatement of a nuisance will serve to protect
the environment, and the health, safety, and welfare of the people
of this County when a stop work order is either not required, not
observed, or not sufficient by itself.
(SCC 0793 § 1, 1990)
For this chapter, the following definitions shall apply:
A.
"Applicant" means
the person listed as the applicant on an application for a Project
and includes the record owner of the real property that is the subject
of the Project at the time of the application for the Project. "Applicant"
also includes successive record owners or other persons who obtain
an interest in the subject real property, or a portion thereof, after
submission of the application for the Project but prior to the issuance
of a Program Completion Certificate certifying completion of all requirements
of a Program.
B.
"Approving
Body" means the Sacramento County Board of Supervisors, the County
Planning Commission, the Subdivision Review Committee, the Zoning
Administrator, or any other Sacramento County entity having discretionary
authority under the Sacramento County Code, the Sacramento County
Zoning Code, or State law to approve a Project.
C.
"Environmental
Coordinator" means the Coordinator of the Environmental Impact Section
of the Sacramento County Planning and Community Development Department.
D.
"Mitigation
Monitoring and Reporting Program" or "Program" means a program adopted
by the Approving Body pursuant to Public Resources Code Section 21081.6
and this chapter to ensure compliance with adopted or required changes
to mitigate or avoid significant environmental effects.
E.
"Project"
means a project as defined in the California Environmental Quality
Act ("CEQA") found at Public Resources Code Section 21000 et seq.
F.
"Program
Completion Certificate" means a certificate issued by the "Environmental
Coordinator" to certify completion of all or a designated phase of
an adopted Mitigation Monitoring and Reporting Program.
(SCC 0793 § 1, 1990; SCC
1400 § 25, 2008)
The "Environmental Coordinator" shall prepare and ensure compliance
with adopted Mitigation Monitoring and Reporting Programs. The "Environmental
Coordinator" is authorized to promulgate and enforce regulations consistent
with the purposes, intent, and express terms of this chapter as she
or he deems necessary to implement such purposes, intent, and express
terms. No regulation promulgated by the "Environmental Coordinator",
or amendments thereto, shall be enforced or become effective until
30 calendar days following the date on which the proposed regulations
are filed with the Clerk of the Board of Supervisors.
(SCC 0793 § 1, 1990)
For each Project for which a Mitigation Monitoring and Reporting
Program is required by this chapter and adopted by the Approving Body,
full compliance with the adopted Program for the Project shall be
a condition of approval of the Project, and the Applicant shall obtain
a Program Completion Certificate within the time requirements set
forth in the adopted Program. No Project or phase of a Project shall
be considered to be in compliance with its adopted Program until the
required Program Completion Certificate(s) have been issued for that
Project or phase of a Project.
(SCC 0793 § 1, 1990)
a.
Preparation.
The Environmental Coordinator shall prepare or cause to be prepared
a proposed Mitigation Monitoring and Reporting Program for any Project
for which mitigation measures listed in an approved environmental
document were adopted by the Approving Body.
1.
The
proposed Program for private projects shall contain the following
elements:
i.
A statement that the requirements of the adopted Program run with
the real property that is the subject of the Project and that successive
owners, heirs, and assigns of this real property are bound to comply
with all of the requirements of the adopted Program.
ii.
A statement that prior to any lease, sale, transfer, or conveyance
of any portion of the real property that is the subject of the Project,
the Applicant shall provide a copy of the adopted Program to the prospective
lessee, buyer, transferee, or one to whom the conveyance is made.
iii.
A statement which specifies the responsibilities of the Applicant
and the Environmental Coordinator, or his or her designee, as well
as whether professional expertise is required for completion or evaluation
of any part of the Program.
iv.
The time requirements, schedule, phases or tasks that will, upon
completion, result in issuance of a Program Completion Certificate
from the Environmental Coordinator.
v.
A statement of the civil remedies and criminal penalties permitted
by this chapter for non-compliance with an adopted Mitigation Monitoring
and Reporting Program.
2.
The
proposed Program for public projects shall contain the following elements:
i.
A statement which specifies the responsibilities of the Applicant
and the Environmental Coordinator, or his or her designee, as well
as whether professional expertise is required for completion or evaluation
of any part of the Program.
ii.
The time requirements, schedule, phases or tasks that will, upon
completion, result in issuance of a Program Completion Certificate
from the Environmental Coordinator.
iii.
A signature from the Clerk of the Board of Supervisors after adoption
of the Program by the Board of Supervisors.
3.
Where
a Project is approved with mitigation measures that have been modified
during the hearing process from those originally recommended in the
environmental document, the proposed Mitigation Monitoring and Reporting
Program shall be modified to maintain consistency with the Project
as approved. The proposed Program may also be modified at the discretion
of the Approving Body.
b.
Adoption.
When making findings required by Public Resources Code Section 21081
or adopting a negative declaration containing mitigation measures,
the Approving Body shall adopt a Mitigation Monitoring and Reporting
Program as proposed or modified pursuant to this chapter.
1.
Notwithstanding
any other County ordinance or regulation to the contrary, approval
of the Project shall not be final until the adoption of a Mitigation
Monitoring and Reporting Program if one is required under CEQA and
this chapter.
2.
For
private projects, upon adoption, the Applicant and the Chairperson
of the Approving Body shall execute the adopted Program as legally
necessary for the adopted Program to be recorded with the County Recorder.
Recordation shall be triggered by the Applicant's payment of the estimated
MMRP fee. After recordation, the adopted Program shall be returned
to the Environmental Coordinator to oversee implementation until at
least a Program Completion Certificate has been issued and recorded
certifying completion with all of the requirements of the adopted
Program.
3.
In
conjunction with the adoption of a Mitigation Monitoring and Reporting
Program for a Project the Approving Body may require that a bond or
similar security be posted by the Applicant to assure performance
of any construction, alteration, repair, or other work required by
the Program. The bond or similar security shall be in a form approved
by the County Counsel in an amount established by the Approving Body
and shall be deposited with the Clerk of the Board of Supervisors
prior to commencement of any work on the real property that is the
subject of the Project.
c.
Compliance.
Whenever a Mitigation Monitoring and Reporting Program is adopted
for a Project, the Applicant for that Project shall comply with the
adopted Program. In general, compliance shall include the following:
1.
The
Applicant shall provide written notice to the Environmental Coordinator
of the progress toward compliance with the mitigation measures in
accordance with the schedule set forth in the adopted Program.
2.
Unless
a different time period is specified in the adopted Program, within
10 business days of the receipt of a notice of progress the Environmental
Coordinator shall verify that the Project is in compliance with the
adopted Program. The Environmental Coordinator shall document and
report any non-compliance in writing to the Applicant within 10 business
days of the discovery.
3.
The Applicant shall, within 10 business days of receipt of a notice of non-compliance, correct any non-compliance and provide written notice to the Environmental Coordinator of the correction. The 10 day limit may be extended a reasonable period in the sole discretion of the Environmental Coordinator upon a showing of good cause. The Environmental Coordinator may also reduce the 10 day limit in situations where prompt correction of the non-compliance is essential to minimize further environmental degradation. In such situations, the written notice to the Applicant required by Section 20.02.050(c)(2) above shall specify the time limit within which corrections must be made.
d.
Substitution
of Mitigation Measures. The Environmental Coordinator shall have the
authority to modify or delete adopted mitigation measures under the
following circumstances:
1.
Where
the Environmental Coordinator determines, in his or her sole discretion,
that a substitute mitigation measure is equivalent to or more effective
than the adopted mitigation measure. Written documentation demonstrating
the effectiveness of the substitute mitigation measure shall be retained
in the project file.
2.
Where
the Environmental Coordinator determines, in his or her sole discretion,
that an adopted mitigation measure is infeasible through no fault
of the Applicant, the Environmental Coordinator shall have the authority
to delete or modify the adopted mitigation measure if such deletion
or modification would not result in a significant environmental effect.
Written documentation demonstrating that the deletion or modification
of the adopted mitigation measure does not result in a significant
environmental effect shall be retained in the project file.
3.
Except
where the Environmental Coordinator has exercised his or her discretion
as set forth above to allow substitution, modification or deletion
of a mitigation measure, only the Approving Body shall have the authority
to substitute, modify, or delete adopted mitigation measures.
(SCC 0793 § 1, 1990; SCC
1271 § 1, 2004; SCC 1401 § 1,
2008)
a.
Upon
the determination of the "Environmental Coordinator" that compliance
with the terms of the Mitigation Monitoring and Reporting Program
adopted by the Approving Body for a Project or phase thereof has been
achieved, and that there has been full payment of all fees for the
Project, the "Environmental Coordinator" shall issue and the Clerk
of the Board shall cause the recordation of a Program Completion Certificate
for that Project or phase.
b.
More
than one Program Completion Certificate may be required or issued
for a Project whenever there are multiple phases to a Project which
need to be implemented over different periods of time.
(SCC 0793 § 1, 1990)
a.
The
fee for a Mitigation Monitoring and Reporting Program, as determined
by the Environmental Coordinator, shall be an amount reasonably necessary
to cover the costs incurred by Sacramento County of ensuring compliance
with a particular MMRP. The fee may reflect the average cost of enforcing
these regulations.
b.
There
shall be two types of mitigation monitoring fees:
1.
A
standardized fee applicable to projects for which monitoring and oversight
activities are expected to be limited in scope and duration and do
not require special expertise. This standardized fee will be based
upon the average cost of monitoring for specified categories of mitigation
measures. These average monitoring costs shall be formulated based
upon DERA's experience with monitoring certain types of projects and
knowledge of the time and materials necessary to effectively monitor
compliance with specific mitigation measures. The Environmental Coordinator
shall, from time to time, publish a list of mitigation categories
and corresponding average costs.
2.
A
project-specific fee applicable to projects for which monitoring and
oversight activities are expected to be extensive in scope or duration
or require special expertise. If the deposit for the project-specific
fee differs from the actual cost incurred, either a refund shall be
given or an additional payment shall be required to balance the cost
incurred and the payment for the services.
i.
Until compliance with a specific Mitigation Monitoring and Reporting
Program is finally achieved and a Program Completion Certificate issued,
fees shall be estimated by the "Environmental Coordinator."
ii.
Initially an estimated fee for a proposed Program shall be established
by the "Environmental Coordinator." After adoption of a Program by
the Approving Body, adjustments to the initial estimate shall be made
by the "Environmental Coordinator" as necessary to accurately reflect
the direct and indirect costs incurred by Sacramento County for that
Program.
iii.
If after compliance with the adopted Program but prior to issuance
of a Program Completion Certificate, the "Environmental Coordinator"
determines that the estimated fee paid exceeds the actual direct and
indirect costs incurred by Sacramento County for that Program, then
the difference shall be refunded to the Applicant.
iv.
If after compliance with the adopted Program but prior to issuance
of a Program Completion Certificate, the "Environmental Coordinator"
determines that the estimated fee paid is less than the actual costs
of monitoring, the Applicant shall remit the difference to Sacramento
County within 30 business days of his or her receipt of notice that
the estimated fee is insufficient to reimburse Sacramento County for
its costs.
c.
The
Environmental Coordinator may adjust the standardized fee and project-specific
fee over time due to increased labor rates that may be adopted by
the Board of Supervisors or as necessary.
d.
Approval
of a Project for which a Program is required pursuant to this chapter
shall be conditioned on payment of the standardized fee or project-specific
fee and all other fees required by this chapter.
e.
For public agency Projects, the
"Environmental Coordinator", when so authorized by the Board of Supervisors
on a case-by-case basis, may enter into a written agreement to allow
the payment of a Mitigation Monitoring and Reporting Program fee to
be paid in installments provided:
(SCC 0793 § 1, 1990; SCC
1401 § 2, 2008)
Notwithstanding the provisions of the Sacramento County Code
to the contrary, any person who violates any of the provisions of
this chapter, or fails to comply with any of the regulatory requirements
adopted by the "Environmental Coordinator" pursuant to this chapter,
is guilty of a misdemeanor, and upon conviction may be punished by
a fine not to exceed five hundred dollars or imprisonment in the County
Jail not to exceed six months, or by both. Each such person 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, or
regulations adopted by the "Environmental Coordinator" pursuant to
this chapter, is committed, continued, or permitted by any such person,
and he or she shall be punished accordingly.
(SCC 0793 § 1, 1990)
In addition to the penalties set forth in Section 20.02.080, the County may carry out or seek such other remedies as permitted by law, including, but not limited to the following:
a.
Injunctive
relief;
b.
Holds
on issuance of development entitlements including, but not limited
to, building permits, building inspections or other construction inspections,
and final acceptance of improvements associated with a project;
c.
Fines for continuing or repeated non-compliance that has not been corrected within the time periods specified in Section 20.02.050(c)(3), as follows:
1.
One hundred dollars per business day, which shall begin to accrue after the 10 day correction period specified in Section 20.02.050(c)(3) has expired, up to a total of five business days;
2.
Two
hundred fifty dollars per business day, which shall begin to accrue
after five business days of one hundred dollar ($100.00) fines have
been levied, up to five business days;
3.
Five
hundred dollars per business day, which shall begin to accrue after
five business days of two hundred fifty dollar ($250.00) fines have
been levied.
4.
Fines
are payable to the Department of Environmental Review and Assessment.
5.
Fines
are in addition to the cost of corrective mitigation.
6.
The
following procedures shall be observed with respect to the imposition
and collection of administrative fines:
i.
The notice of non-compliance issued pursuant to Section 20.02.050(c)(2) shall state that administrative fines may, at the discretion of the Environmental Coordinator, begin to accrue following the 10 day correction period established pursuant to Section 20.02.050(c)(3);
ii.
The notice of non-compliance shall set forth the nature and location of the violation, the expected corrective action, the time limit for compliance, the right of an administrative appeal pursuant to Section 20.02.100 and the deadline for such appeal;
iii.
The notice of non-compliance shall be served upon the Applicant in
a manner and by means reasonably calculated to ensure receipt, including
via certified mail or, in the alternative, posted notice on the property
subject to the MMRP;
iv.
The Environmental Coordinator may continue to impose fines until
such time as the Applicant has complied with the MMRP or, to the satisfaction
of the Environmental Coordinator, demonstrated a good faith intent
to correct the violation;
v.
The filing of an appeal pursuant to Section 20.02.100 shall stay the accrual of administrative fines;
vi.
The failure of an Applicant to pay the administrative fines assessed
in connection with a notice of non-compliance within the time specified
on the notice constitutes a debt to the County and may result in the
matter being referred to the Sacramento County Department of Revenue
Recovery, which may file a claim with the Small Claims Court or, in
the alternative, may pursue any other legal remedy to collect the
administrative fines;
vii.
Notwithstanding all of the procedures set forth in this section,
the Environmental Coordinator shall have the ability and discretion
to enforce violations of this Title, to impose necessary conditions,
to forgive portions of a debt or penalty owed to the County under
this Title, and to coordinate collection and enforcement efforts with
the Department of Revenue Recovery.
d.
A stop
work order subject to the following:
1.
Whenever
the Environmental Coordinator finds that there is non-compliance with
an adopted Program and that this non-compliance presents a serious
and immediate threat to the public health, safety and welfare or environment,
the Environmental Coordinator shall issue a stop work order that shall
prohibit further work on the Project that is the subject of the adopted
Program.
2.
In
the event the Environmental Coordinator issues a stop work order,
notice of this order shall be delivered to the address of the Project
and to the address of the Applicant, if different. The notice shall
contain the following:
i.
The findings justifying the stop work order;
ii.
The time and date when the stop work order commences;
iii.
The time, date, and place at which the Applicant may appear to respond
to the findings in the notice, which shall not be later than 24 hours
following the time and date when the stop work order commences.
3.
Authority
to recommence work on the Project that is the subject of an adopted
Program after issuance of a stop work order may be granted by the
Environmental Coordinator upon the establishment of such terms, conditions
and requirements as are reasonably necessary to protect the public
health, safety, and welfare or environment, and as are consistent
with the terms, conditions, and requirements of the adopted Program.
e.
Lien(s)
on the property that is subject to the adopted Program. Each MMRP
Agreement shall reflect that mitigation fees or costs, including the
costs necessary to carry out required mitigation measures, may be
collected through attachment of a lien to the subject property.
f.
Revocation
of any special permit granted concurrently with the approval of a
Program subject to the following:
1.
The
hearing body on its own motion may, and if directed by the Board of
Supervisors shall, hold a public hearing for revoking any special
permit such as a variance, exception, lot reduction permit, special
development permit, mobilehome certificate of compatibility, certificate
of nonconforming use, or conditional use permit which has been granted
pursuant to the provisions of the Zoning Code concurrently with the
approval of a Program. Notice shall be given in accordance with Section
110-04 of the Zoning Code.
2.
The
hearing shall be held in accordance with the following:
i.
All testimony at the hearing shall be under oath or affirmation.
The Secretary of the hearing body or designee shall administer oaths
and retain relevant records and all exhibits and documents presented
at said hearing.
ii.
A party shall be afforded the opportunity to present evidence and
testimony on all relevant issues. The Chairperson may impose reasonable
limitations on the number of witnesses heard, and on the nature and
length of the testimony. The Chairperson may call witnesses and introduce
papers on his or her own volition.
iii.
The hearing body shall make a full record of the hearing, which may
be transcribed on order of the Chairperson.
iv.
Decisions of the hearing body shall be based upon evidence presented
during the public hearing. The hearing body shall not rely upon any
communications, reports, staff memoranda, or other materials prepared
in connection with the particular case unless made a part of the record.
3.
The
hearing body may revoke the special permit if it finds that any of
the following grounds exist: chapter;
i.
Non-compliance by the permittee with any of the terms, conditions,
or requirements of this
ii.
Non-compliance by the permittee with the terms, conditions, or requirements
of any regulation promulgated by the Environmental Coordinator pursuant
to this chapter;
iii.
Non-compliance with any of the terms, conditions, or requirements
of the Mitigation Monitoring and Reporting Program approved in conjunction
with the grant of the permittee's special permit;
iv.
Non-compliance with any stop work order issued by the Environmental
Coordinator with regard to the permittee's project.
g.
Abatement
of a nuisance in accordance with the following:
1.
Any
Project which is not in compliance with the provisions of this chapter,
any regulations adopted by the Environmental Coordinator pursuant
to this chapter, or any term, condition, or requirement of a Program
approved for that Project shall be and the same is hereby declared
to be unlawful and a public nuisance. A hearing to abate such a public
nuisance may be ordered by resolution of the Board of Supervisors
upon a showing by the Environmental Coordinator that there is non-compliance
with either a provision of this chapter, a regulation adopted by the
Environmental Coordinator pursuant to this chapter, or any term, condition,
or requirement of a Program approved for the Project.
2.
Written
notice of the hearing to abate the public nuisance shall be given
to the Applicant of the Project and anyone known to the Board of Supervisors
to be in possession of the real property that is the subject of the
Project. The notice shall be personally served or mailed by certified
mail at least 10 calendar days prior to the date of the hearing. In
instances when the Environmental Coordinator cannot ascertain the
address of the Applicant or the person in possession of the subject
real property, written notice of the hearing to abate the public nuisance
shall be posted upon the subject property not later than seven calendar
days prior to the date of the hearing and published in a newspaper
of general circulation published within Sacramento County. Those receiving
notice and any other interested person shall be provided an opportunity
to be heard at the hearing.
3.
The
hearing to abate the public nuisance shall be held before the Board
of Supervisors and at the conclusion of the hearing, the Board of
Supervisors shall determine whether there is non-compliance with a
provision of this chapter or a regulation adopted by the Environmental
Coordinator pursuant to this chapter, or any term, condition, or requirement
of the approved Program. If there is such non-compliance, the Board
of Supervisors may take such action as it deems appropriate to abate
the public nuisance including, but not limited to, ordering the appropriate
County officials to undertake the steps necessary to abate the public
nuisance.
4.
Upon
demand by the County, the cost of the abatement shall be paid by the
Applicant or the person in possession of the subject real property.
If the cost of the abatement is not paid upon demand by the County,
a hearing shall be held to consider whether to order the cost of the
abatement specially assessed against the real property that is the
subject of the Project. Written notice of the hearing to consider
whether to order the cost of the abatement specially assessed against
the subject real property shall be given to the Applicant and anyone
known to the Board of Supervisors to be in possession of the subject
real property. The notice shall be personally served or mailed by
certified mail at least 10 calendar days prior to the date of the
hearing. In instances when the Environmental Coordinator cannot ascertain
the address of the Applicant or the person in possession of the subject
real property, written notice of the hearing to consider whether to
order the cost of the abatement specially assessed against the subject
real property shall be posted upon the subject real property not later
than seven calendar days prior to the date of the hearing. In addition
to posting, notice of the hearing shall be published once not later
than five calendar days prior to the date of the hearing in a newspaper
of general circulation published within Sacramento County. Those receiving
notice and any other interested person shall be provided an opportunity
to be heard at the hearing.
5.
The
hearing to consider whether to order the cost of the abatement specially
assessed against the subject real property shall be held before the
Board of Supervisors. At the conclusion of the hearing, the Board
of Supervisors shall determine the cost of abatement and whether to
order that cost specially assessed against the subject real property.
If the cost of abatement is ordered to be specially assessed against
the subject real property, then the assessment may be collected at
the same time and in the same manner as ordinary County taxes are
collected, and shall be subject to the same penalties and the same
procedure 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 applicable to the special assessment.
6.
If
the Board of Supervisors orders the cost of the abatement to be specially
assessed against the subject real property, the Board also may cause
a notice of abatement lien to be recorded. The notice shall, at a
minimum, identify the record owner or possessor of property, set forth
the last known address of the record owner or possessor, set forth
the date upon which abatement of the nuisance was ordered by the Board
of Supervisors and the date the abatement was complete, and include
a legal description of the real property subject to the lien and the
amount of the abatement cost.
7.
Nothing
in this section prohibits the summary abatement of a nuisance upon
order of the Board of Supervisors or upon order of any other County
officer authorized by law to summarily abate nuisances if the Board
or officer determines that the nuisance constitutes an immediate threat
to public health or safety.
(SCC 0793 § 1, 1990; SCC
1271 § 2, 2004; SCC 1401 § 3,
2008)
a.
Upon
payment of the appeal fee established by resolution of the Board of
Supervisors and the filing of an appeal, an Applicant may appeal:
2.
A determination by the "Environmental Coordinator" denying issuance of a Program Completion Certificate pursuant to Section 20.02.060;
3.
A
stop work order issued by the "Environmental Coordinator" pursuant
to this chapter;
4.
A
revocation by the Project Planning Commission pursuant to this chapter;
or
b.
The
appeal fee and appeal shall be filed with the Clerk of the Board of
Supervisors within 10 business days of the date of:
1.
The
notice of the imposed fees;
2.
The
determination of the "Environmental Coordinator" denying issuance
of a Program Completion Certificate;
3.
The
date of issuance of a stop work order;
4.
The
date of a revocation undertaken pursuant to this chapter; or
5.
Receipt
of a notice of non-compliance.
|
The appeal shall be in writing to the Sacramento County Board
of Supervisors and shall include a statement of the reasons for the
appeal.
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c.
Upon
receipt of the appeal fee and the appeal, a hearing shall be scheduled
before the Board of Supervisors. The Board of Supervisors shall be
authorized to deny the introduction of evidence not previously considered
by the Environmental Coordinator and decide the matter after oral
argument presented during the hearing, or to admit evidence not previously
considered by the Environmental Coordinator, or conduct a de novo
hearing. The decision by the Board of Supervisors granting or denying
the appeal shall be final and shall be accompanied by written findings
of fact and conclusions.
2.
In deciding an appeal from the determination of the "Environmental Coordinator" denying issuance of a Program Completion Certificate pursuant to Section 20.02.060, the Board of Supervisors shall issue a Program Completion Certificate if it determines that compliance with all of the terms of the adopted Program has been achieved, or shall deny issuance of a Program Completion Certificate if it determines that compliance with all of the terms of the adopted Program has not been achieved.
3.
In
deciding an appeal from the issuance of a stop work order, the Board
of Supervisors shall affirm the stop work order if it finds that there
has been non-compliance with the adopted Program and that this non-compliance
presents a serious and immediate threat to the public health, safety,
and welfare. If the Board of Supervisors finds that there has been
compliance with the terms of the adopted Program or that any non-compliance
does not present a serious and immediate threat to the public health,
safety, and welfare, then the Board of Supervisors shall discharge
the stop work order.
4.
In deciding an appeal from a revocation undertaken pursuant to this chapter, the Board of Supervisors shall affirm the stop work order if it finds any of the grounds set forth in Section 20.02.090(c)(3) of this chapter exist. If the Board of Supervisors finds that none of the grounds set forth in Section 20.02.090(c)(3) exist, then it shall reinstate the special permit as if the revocation had not occurred.
5.
In deciding an appeal from an imposition of administrative fines, the Board of Supervisors shall affirm the imposition of fines if it finds that the Applicant did not timely comply with required measures set forth in the MMRP and did not correct such violation(s) within the 10 day correction period set forth in Section 20.02.050(c)(3). The Board shall reverse the decision of the Environmental Coordinator and waive any obligation to pay fines if it finds the Applicant timely complied with required measures set forth in the MMRP or that the Applicant corrected any MMRP violation(s) with the 10 day correction period established pursuant to Section 20.02.050(c)(3).
(SCC 0793 § 1, 1990; SCC
1400 § 26, 2008; SCC 1401 § 4,
2008)
