All complaints regarding nuisances or public nuisances made to any county department shall be made in writing on a form provided by the code enforcement department, provided however that elected officials or employees of any government agency may make oral complaints. All complaints shall include the name of the complaining party.
(Ord. 1270 § 3, 2021)
In addition to the provisions of this code, each department director may abide by such provisions of the code defining his or her enforcement obligations that supplement the department director's authority. Each department director is authorized to adopt and enforce reasonable regulations consistent with the purposes, intent, and express terms of this enforcement code as he or she deems necessary to implement the purposes, intent, and express terms of the code.
(Ord. 1270 § 3, 2021)
A. 
To the extent allowed by law, the department director or designee, including, but not limited to, the code enforcement officer, may enter and inspect any property regarding a violation of the provisions of the code. The department director or designee, including, but not limited to, the code enforcement officer, may make any examinations and surveys as necessary in performing these inspections as permitted by law and consistent with legally recognized privacy rights. These duties may also include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner.
B. 
If a property is unoccupied, the department director or designee, including, but not limited to, the code enforcement officer shall make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry.
C. 
If an owner, lawful occupant, or the respective agent, employee, or representative therefor refuses permission to enter a dwelling and/or inspect its interior, the county acting by and through such persons authorized to enforce this code may seek an administrative inspection warrant pursuant to the procedures provided by California Code of Civil Procedure Sections 1822.50 through 1822.59, as amended from time to time and such other provisions of law as authorize entry. See Chapter 1.08.
D. 
No person authorized to enter buildings shall enter any dwelling between the hours of six p.m. of any day and eight a.m. of the succeeding day, without the consent of the owner or occupants of the dwelling, nor enter any dwelling for which the occupants have refused entry without a proper written order executed and issued by a court of competent jurisdiction.
(Ord. 1270 § 3, 2021)
A. 
Opportunity to Correct. If a violation of any local ordinance or provision of the Inyo County Code is determined to exist, an Inyo County code enforcement officer, or his or her deputy or designee (collectively referred to herein as "the code enforcement officer"), may notify the involved property owner or legal occupant (collectively referred to herein as "property owner") and may issue and serve a verbal or written first notice of violation ("first notice") on the property owner enumerating the violations and requiring correction of the violation within fourteen days.
B. 
Final Notice of Violation. If the violation is continuing fourteen days after the first notice was served, the code enforcement officer may issue and serve a final notice of violation ("final notice") on the property owner requiring correction of the violation within fourteen days.
C. 
Order of Abatement and Imposition of Administrative Penalties. If the violation continues fourteen days after the final notice was served, the code enforcement officer may issue and serve an order of abatement and imposition of administrative penalties ("order of abatement and penalties"). The order of abatement and penalties is deemed final, if not appealed pursuant to the procedures and timeline set forth in subsection E of this section.
1. 
Penalties assessed via the order of abatement and penalties shall be calculated as follows:
a. 
For non-commercial activities, land uses, or properties:
i. 
Ten dollars per day for the first thirty days.
ii. 
Twenty-five dollars per day for the next thirty days.
iii. 
Seventy-five dollars per day for any subsequent days.
b. 
For commercial activities, land uses, or properties:
i. 
One hundred dollars per day for the first thirty days.
ii. 
Two hundred fifty dollars per day for the next thirty days.
iii. 
Five hundred dollars per day for any subsequent days.
c. 
For both non-commercial and commercial, penalties shall begin to accrue fourteen days after service of the order of abatement. Each and every day during which a property owner continues to maintain a violation at his or her property constitutes a separate and distinct offense, each of which may be subject to a separate penalty.
d. 
In no event shall the total penalties imposed exceed ten thousand dollars for a non-commercial activity, land use, or property or fifty thousand dollars for a commercial activity, land use, or property, regardless of the number of days that the violation(s) is/are maintained.
D. 
Notice of Completion. The property owner shall be responsible for notifying the code enforcement officer when the violation(s) identified in the order of abatement and penalties have been fully abated. The code enforcement officer may then schedule an inspection of the property. If the inspection reveals that the violations have been fully abated to the satisfaction of the code enforcement officer, the code enforcement officer may issue the property owner a notice of completion and total owed ("notice of completion"), which states the full amount of administrative penalties and any other costs of abatement due to the county. Any amount stated in the notice of completion shall be paid within thirty days of the date of service, in the absence of a timely submitted request for an appeal pursuant to subsection E of this section.
E. 
Appeal Procedures.
1. 
Within fourteen days following service of the order of abatement and penalties, the property owner may file a written appeal with the code enforcement officer setting forth all reasons why the order of abatement and penalties should be modified or reversed.
a. 
The issues to be decided during this appeal shall be limited to whether the violation(s) identified in the order of abatement and penalties constitute a nuisance and/or violation of state, federal, or local ordinances or laws.
b. 
This appeal shall not consider any issues enumerated in subsection (E)(2) of this section.
2. 
Within fourteen days following service of the notice of completion, the property owner may file a written appeal with the code enforcement officer setting forth all reasons why the administrative penalties, costs, and/or fees stated in the notice of completion are excessive or erroneous.
a. 
The issues to be decided during this appeal shall be limited to challenging the amount of administrative penalties, costs, and/or fees imposed on the property owner.
b. 
This appeal shall not consider any issues enumerated in subsection (E)(1) of this section.
3. 
Procedures applicable to all appeals:
a. 
The request for an appeal must include the following information:
i. 
The name, address and phone number of the appellant;
ii. 
Sufficient information to identify the order of abatement and penalties or notice of completion that is being contested; and
iii. 
The grounds on which the order of abatement and penalties or notice of completion is being contested.
b. 
The code enforcement officer shall forward the appeal to the planning director, who shall schedule the appeal to be heard by the Inyo County planning commission at the next available planning commission meeting.
c. 
The code enforcement officer has the burden of proving that a nuisance/code violation existed when the order of abatement and penalties was served or that the amount of administrative penalties, fees, and/or costs charged in the notice of completion are proper and reasonable.
d. 
The cited property owner may present written and oral evidence to show there was no violation at the time the order of abatement and penalties issued or that the administrative penalties, fees, and/or costs charged in the notice of completion are incorrect, improper, excessive, or unreasonable.
e. 
The rules of evidence shall not apply to the hearing.
f. 
All parties to the appeal may be represented by an attorney.
g. 
The planning commission shall issue a written decision. The planning commission shall have the power to uphold or vacate the imposition of the order of abatement and penalties; to modify the amount of administrative penalties, fees, and/or costs charged in the notice of completion; and to fashion any other relief as the planning commission deems to be just and proper.
h. 
Enforcement of an order of abatement and penalties or notice of completion is stayed pending the issuance of the planning commission's ruling, which shall issue within thirty days of the close of the hearing.
i. 
The planning commission's ruling shall be served on the cited property owner by the code enforcement officer within ten days of issuance.
j. 
The planning commission's ruling shall be a final and binding decision with no right of further appeal.
F. 
All costs including, without limitation, reasonable administrative and attorney fees associated with an abatement proceeding, shall be charged to the cited property owner.
G. 
The code enforcement officer may choose to lengthen the fourteen-day period stated in subsection (C)(1)(iii) of this section if the code enforcement officer determines that the property owner is making a good-faith effort to remedy the violation(s). The code enforcement officer may choose to shorten any notice period stated in this section if the code enforcement officer determines that shortened notice periods are necessary to protect public health or mitigate an emergent situation. If the code enforcement officer chooses to shorten or lengthen any such periods, the code enforcement officer shall provide the property owner with the new deadlines in writing and shall state in writing the facts and circumstances that justify the modifications of the timelines stated in this section.
(Ord. 1270 § 3, 2021)
A. 
If the violation continues fourteen days after the finalization of the order of abatement and penalties, the code enforcement officer shall submit the order of abatement and penalties to county counsel to pursue and any all legal options to forcibly abate the violation, including, but not limited to:
1. 
A request to the superior court to issue an abatement warrant pursuant to Civ. Code section 1822.50, et seq.;
2. 
The appointment of a receiver;
3. 
A request to the district attorney to prosecute the violation to the extent allowed by law in the district attorney's discretion.
B. 
Should the county conduct abatement work on a property due to the property owner's failure to conduct abatement work mandated by an order of abatement and penalties, the code enforcement officer shall present an itemized demand for payment ("demand") to the property owner. The demand shall include:
1. 
A description of the work done;
2. 
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 and attorneys' fees related to enforcement of this section;
3. 
A description of any administrative penalties assessed against the property pursuant to Section 22.12.040(C);
4. 
A street address, assessor's parcel number, legal description, or other description sufficient to identify the premises;
5. 
A demand for payment of all abatement costs and administrative penalties within thirty days after service of the demand.
C. 
If the code enforcement officer determines that the costs of abatement and other circumstances surrounding the property are sufficient to necessitate a special assessment, the demand shall include the following additional information:
1. 
A statement that failure to pay all abatement costs within thirty days after service of the demand may result in the levy of a special assessment in that amount against the property;
2. 
The date, time, and place where the code enforcement officer will request that the board of supervisors conduct a noticed public hearing to order the special assessment. The time and place specified for the hearing shall be no sooner than thirty days after service of the demand;
3. 
A statement that the board of supervisors will hear and consider objections and protests to the proposed special assessment at the public hearing;
4. 
A statement that the code enforcement officer will not pursue the request for a special assessment if all abatement costs are paid in full within thirty days of service of the demand.
D. 
Any administrative penalties or costs of abatement that are not specially assessed against a property may be recorded as a lien against the property.
(Ord. 1270 § 3, 2021)
If so ordered by the board of supervisors following the public hearing described in Section 2.12.040(C), upon the recordation of the board of supervisors order imposing the special assessment, the amount stated in the order shall constitute a special assessment upon the described property, pursuant to Section 25845(d) of the Government Code. The enforcement officer shall deliver the notice of lien to the auditor who shall 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 same procedures for foreclosure and sale in case of delinquency as provided for ordinary county taxes. Such lien shall be at parity with the liens of state and county taxes.
(Ord. 1270 § 3, 2021)
Documents issued pursuant to Title 22 may be served on the property owner via any of the following methods:
A. 
Personal service: Personal service may be accomplished by personally delivering the documents to the address of the intended recipient between the hours of nine a.m. and five p.m. (for business addresses) or eight a.m. and eight p.m. (for residential addresses). The documents must be placed in a clearly labeled envelope and left with an individual over the age of eighteen or placed in a conspicuous location if no individual is available to receive them.
B. 
Posting and mailing: Posting and mailing requires both of the following:
1. 
Posting the document(s) on any real property within the county in which the county has knowledge that the property owner has a legal interest, or at the location at which the violation occurred. Posting shall be placed in a position that is likely to catch the attention of a person entering the property, including, but not limited to, a front door, gate, or near a mailbox; and
2. 
Mailing the document(s) by first class mail, postage prepaid, to any mailing address of the property owner.
C. 
By mail: Service by mail may be accomplished by sending the document(s) by first class mail, postage prepaid, to the location that the violation occurred, or to any other mailing address of the property owner.
D. 
Electronic service: Per written agreement of the property owner and the county, the parties may agree to exchange documents via email on such terms as agreed by the parties.
Service shall be complete at the time of personal or electronic service, or one day after posting and mailing, or five days after service by mail. As used in this subsection, "days" shall mean calendar days.
(Ord. 1270 § 3, 2021)
Pursuant to California Penal Code Section 836.5(d), the board hereby finds that any Inyo County Code enforcement officer, the Inyo County administrative officer, and any designees of the aforementioned officers have a duty to enforce the provisions of Title 22 of the Inyo County Code. The board does hereby authorize them to arrest persons violating any provision of Title 22 of the Inyo County Code or issue a written notice to appear pursuant to and in accordance with California Penal Code Section 836.5.
(Ord. 1270 § 3, 2021)
Nothing in this title shall be construed as requiring the county to enforce its prohibitions against all properties that may violate such prohibitions. The county envisions that this title will be enforced, in the county's prosecutorial discretion, as resources permit. This title is not intended to and shall not be construed or given effect in a manner that imposes upon the county or any officer or employee thereof a mandatory duty of care towards persons and property within or without the county so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
(Ord. 1270 § 3, 2021)