Upon determining that a violation of any provision of this Code or Tulare County Ordinance No. 352 exists, the Director may take the following steps:
(a) 
Issue a Notice of Violation, Order to Correct, and Notice of Assessment of Civil Fines and Penalties (including Costs), hereinafter referred to as "Notice of Violation," to the property owner by certified mail, personal service, or service by mail, by the Director or a designee, or a peace officer. The Notice of Violation shall specify or contain:
(1) 
The name and address of the property owner, and the address and Assessor's Parcel Number ("APN") of the property where the violation exists;
(2) 
A statement that a determination has been made that a violation of this Ordinance Code or Tulare County Ordinance No. 352 exists on the identified property and specifying the sections of this Ordinance Code or Tulare County Ordinance No. 352 violated and the conditions constituting each and every violation;
(3) 
A specified time period of not less than 30 days from receipt of the Notice of Violation within which the violation must be abated;
(4) 
A statement advising the property owner that in the event the violation is not abated by the expiration of the time specified in the Notice of Violation, the property owner shall be subject to administrative fines and penalties under this Chapter and specifying the maximum amount of such fines and penalties;
(5) 
A statement that the property owner may submit in writing to the Director any information relating to the determination of the existence of the violation or violations or the amount of the fine to be imposed;
(6) 
A statement of the addition potential consequences that could occur if the violation continued after the expiration of the time specified in the Notice of Violation including, but not limited to, criminal prosecution, civil injunction, administrative abatement, judicial abatement, revocation of permits, recordation of Notice of Violation, and withholding of future County permits.
(7) 
A statement that the property owner affected by the Notice of Violation may, within fifteen (15) calendar days after delivery or service of the Notice of Violation, request administrative review in writing, in a format to be prepared by the Tulare County Resource Management Agency, to the Director which issued the Notice of Violation, of the findings, determinations and amount of potential fines and penalties set out in the Notice of Violation, pursuant to the procedures set out in section 1-23-5015.
(8) 
The Notice of Violation shall contain a statement that, if the owner fails to request administrative review of the determination of administrative fines set out in the Notice of Violation, the determination of fines in the Notice of Violation shall be final.
(b) 
The Director may, in his or her discretion, record a copy of the Notice of Determination of Fine with the County Recorder of Tulare County. In the event of such recordation and in the event that the Notice of Violation is subsequently modified, the Director shall record a Notice of Correction. Correction of the violation shall not excuse the owner's liability for costs incurred during the administrative abatement process. In the event that the Notice of Violation is eliminated through the appeal process or because the violations have been corrected, the Director shall record a Notice of Withdrawal of the Notice of Violation or a Notice of Satisfaction and Compliance of the Notice of Violation.
(c) 
If the Director or designee determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation. Unless a request for administrative review of the Notice of Violation is filed as set out in section 1-23-5015, the Notice of Violation shall constitute the final administrative order or decision of the local agency. It cannot be appealed and cannot be judicially reviewed, because the aggrieved person failed to exhaust available administrative remedies.
(d) 
Notwithstanding (a) above, the Director may require immediate abatement of a violation in accordance with Chapter 1 of Part IV of this Ordinance Code if the violation creates an immediate danger to the health and safety of persons or property.
(Added by Ord. No. 3213, effective 11-26-98; amended by Ord. No. 3251, effective 3-8-01; amended by Ord. No. 3493, effective 4-28-16; amended by Ord. No. 3559, effective 6-20-19)
(a) 
Any person upon whom a Notice of Violation is served may request administrative review of the findings, determinations, and/or amount of potential fines and penalties set out in the Notice of Violation pursuant to the procedures set forth in this section. The aggrieved person must file a written request with the Director in a format to be prepared by the Resource Management Agency, and return it to the address stated on the form within fifteen (15) days from the date of service of the Notice of Violation. Service of the request may be effected by personal service, service by mail or certified mail. The time requirement for filing a request shall be deemed jurisdictional and may not be waived. The written request shall contain but not be limited to the following:
(1) 
A brief statement setting forth the interest the aggrieved person has in the matter relating to the imposition of the penalty;
(2) 
A brief statement of the material facts which the aggrieved person claims support his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; and
(3) 
An address at which the aggrieved person agrees notice of any additional proceedings or an order relating to imposition of the administrative penalty may be received by first class mail.
(b) 
Administrative review of a Notice of Violation shall be heard by the Director or designee, issuing the Notice of Determination of Fine as the departmental review officer. The administrative review shall be set no sooner than twenty (20) days and no later than forty-five (45) days following the receipt of the written request. Notice of the administrative review shall be mailed at least twelve (12) calendar days before the date set for the review. Failure of the aggrieved person to appear timely will cause the Notice of Violation and the assessment of administrative fines and penalties to become a final order or decision.
(c) 
In reviewing the Notice of Violation, the administrative review officer shall consider the factors set forth in section 1-23-3020 above, and shall uphold, withdraw or modify the Notice of Violation and fines and penalties specified by that Notice. The hearing administrative review officer shall serve a copy of his or her written decision on the aggrieved person. The written decision shall also include or be accompanied by a description of the right to appeal the decision to the County Hearing Officer as provided in Section 1-23-5025 of this Article. The administrative review officer's decision shall be deemed served within two days after the date it was mailed to the address provided by the aggrieved person.
(d) 
Unless the decision of the administrative review officer is appealed to the County Hearing Officer as set out in section 1-23-5025, the decision shall constitute the final administrative order or decision on the local agency. It cannot be appealed and cannot be judicially reviewed, because the aggrieved person failed to exhaust available administrative remedies.
(Added by Ord. No. 3213, effective 11-26-98; amended by Ord. No. 3251 effective 3-8-01 formerly titled "Appeal of Notice of Violation"; amended by Ord. No. 3493, effective 4-28-16; amended by Ord. No. 3559, effective 6-20-19)
(a) 
The aggrieved person who requested administrative review of the Notice of Violation pursuant to section 1-23-5015 may appeal the decision of the administrative review officer to the County Hearing Officer, subject to the provisions of Chapter 31 of Part I of this Code.
(b) 
An appeal to the County Hearing Officer shall be filed with the Clerk to the Board of Supervisors in accordance with Chapter 31 of Part I of this Code and specifically set forth the grounds of the appeal. At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the Board of Supervisors.
(c) 
The Clerk to the Board shall mail notice to the appellant of the date and time that the County Hearing Officer will hear the appeal, which date shall be not less than five (5) calendar days after the date of mailing the notice.
(d) 
The owner shall bear the burden of proving that the decision of the Director should be repealed or modified.
(e) 
The hearing shall be conducted in the manner prescribed in Chapter 31 of Part I of this Code.
(Added by Ord. No. 3213, effective 11-26-98; amended by Ord. No. 3251, effective 3-8-01; amended by Ord. No. 3493, effective 4-28-16; amended by Ord. No. 3559, effective 6-20-19)
Any person aggrieved by a final administrative order or decision imposing an administrative fine under section 1-23-5025 above may seek review with the Superior Court pursuant to Code of Civil Procedure section 1094.6. When giving written notice of the decision of the County Hearing Officer, the Clerk of the Board of Supervisors shall provide notice that the time within which judicial review must be sought is governed by Code of Civil Procedure section 1094.6.
(Added by Ord. No. 3213, effective 11-26-98; amended by Ord. No. 3251, effective 3-8-01; amended by Ord. No. 3559, effective 6-20-19)