Chapter 18.92
ENFORCEMENT AND PENALTIES
Sections:
18.92.020 Compliance required.
18.92.030 Administrative authority.
18.92.040 Identification of potential violation.
18.92.050 Notice of violation and administrative citations.
18.92.070 Appeal body determination.
18.92.080 Notice of noncompliance.
18.92.090 Notice of compliance.
18.92.120 Alternative enforcement procedures.
18.92.010 Purpose.
The board of supervisors (hereinafter referred to as “the board”) finds that the enforcement of this title, Zoning (“title”), throughout the county is an important public service, and enforcement of this title is vital to the protection of the public’s health, safety and quality of life. The board finds that enforcement starts with the implementation of regulations that can be applied fairly and evenly. The board further finds that code enforcement requires a variety of administrative remedies for the effective enforcement of violation of this title. The procedures established in this chapter shall be in addition to any civil or any other legal remedy established by law, which may be pursued to address violation of this title. The use of procedures established in this chapter, except as specifically provided otherwise, shall be in lieu of criminal sanctions. (Ord. 723 § 4(1), 2017)
18.92.020 Compliance required.
No person shall develop or use any land, building, or structure within the county in violation of this title, regulations authorized under this title, or the terms and conditions of permits issued under this title. (Ord. 723 § 4(2), 2017)
18.92.030 Administrative authority.
This title shall be enforced by or under the direction of the community development director or his or her successor. The community development director may designate one or more other staff under their supervision as an enforcement official. The enforcement official shall have the authority and powers necessary to determine whether a violation of this title exists and the authority to take appropriate action to gain compliance with the provisions of this title. The enforcement official shall further have authority to issue notices to correct, administrative citations, notices and orders, the power to inspect public and private property subject to limitations expressed herein and use the administrative remedies that are available under this title. (Ord. 723 § 4(3), 2017)
18.92.040 Identification of potential violation.
Potential violations can be identified through a complaint provided to the department by any person or through evidence visible to county staff from a vantage point that county has a legal right to occupy. Such vantage point may include physical locations or information available in the public domain. Complaints provided by a person shall describe the nature and location of the alleged violation and shall identify the identity of the person making the complaint. Complaints may be accepted in writing, via email or by telephone call. It shall be a misdemeanor to knowingly file a false complaint.
A. Confidentiality. The county shall take all reasonable steps to ensure that the identity of any person making a complaint to the county concerning a violation of this title or other applicable laws shall remain confidential. It is declared and found by the board of supervisors that the public interest served by not making the identity of the person making a complaint public clearly outweighs the public interest served by disclosure of the information as may be required by the Public Records Act.
B. Inspection of Property. If a complaint is received and the alleged violation is not visible without entry upon the property, it is necessary to first obtain the occupant’s or property owner’s permission to enter the property. Where such permission is not granted it shall be necessary for the county to obtain an inspection warrant from the court authorizing the enforcement officer to enter the property to inspect and address the condition. (Ord. 723 § 4(4), 2017)
18.92.050 Notice of violation and administrative citations.
A. Informal Contact. Upon discovering or observing any violation of this title, the enforcement official, at his or her discretion, may contact the person who caused the violation and/or the property owner and discuss the nature of the violation and possible ways to correct or resolve the matter. Informal contact shall not be required before a notice of violation or administrative citation is issued.
B. Notice of Violation. Upon discovering or observing any violation of this title, the enforcement official may provide the person who caused the violation and/or the property owner with a notice of violation. The notice of violation shall:
1. Describe the property location;
2. State the specific county regulation violated and the nature of that violation;
3. State the action necessary to correct the violation;
4. Note the date by which an administrative citation will be issued if no correction is made; and
5. Inform the person who caused the violation and/or the property owner of the likely costs the county will incur as a result of their violation of county regulation(s) that may be charged to them, as well as fines and penalties.
C. Correction Period. A reasonable correction period shall be given (the duration of which will be determined by the enforcement official in his or her discretion) before an administrative citation is issued in cases that do not create an immediate danger to health or safety. When deciding on a reasonable time for the person causing the violation and/or the property owner to respond to the notice of violation, the enforcement official shall consider the cost of abatement or correction, the time to obtain estimates, drawings and contracts for correction, the time required for physical relocation of personal property, the time necessary to conduct work needed for correction and climatic conditions.
D. Administrative Citation. If the violation is not corrected within the time specified by the notice of violation, the enforcement official may issue an administrative citation to the person who caused the violation or to the property owner. The administrative citation shall:
1. Include a copy of the notice of violation;
2. Inform the recipient of his or her right to an administrative hearing if timely requested and of the procedure for making such a request;
3. State the date and time when the citation was issued; and
4. Specify the amounts of the fine or fines being imposed under the authority of this chapter and how they accrue as well as how such fines can be paid.
E. Immediate Administrative Citation. The enforcement official may immediately issue an administrative citation without having issued a notice of violation and without allowing for a correction period in the cases listed below. Such administrative citation must include the information required in a notice of violation.
1. Any violation that, in the judgment of the enforcement official, has a reasonable potential to create an immediate danger to health or safety of the occupants of the property or the general public; or
2. If a person responsible for any violation, including violations listed above in subsection B of this section, repeats that same violation within three hundred sixty-five days on the same property.
F. Public Nuisance. Any violation that is continued in disregard of notice issued or administrative citation is hereby declared to be a public nuisance and may be abated in the manner prescribed by law. (Ord. 723 § 4(5), 2017)
18.92.060 Appeals.
A. Request for Appeal Hearing and Fee. Any person receiving an administrative citation may request an appeal hearing within fifteen business days from the date the citation was issued. The request for a hearing must be made in writing and filed with the office of community development in person or by mail, attention to: community development director. When an administrative citation is sent by mail, the hearing must be requested within fifteen business days from the date the citation was postmarked. The community development department will make a reasonable effort to contact individual via phone or email when the contact information is available.
The fee for requesting an appeal hearing is two hundred dollars pursuant to Resolution R2010-48 (October 5, 2010), and may be amended from time to time via resolution of the board of supervisors and shall be incorporated by reference without requiring change to this chapter or section.
B. Failure to Request Hearing. Failure of any person to timely request a hearing and submit the appeal fee in accordance with the provisions of this chapter shall constitute a waiver of his or her right to a hearing.
C. Appeal Body and Hearing. Appeals shall be heard by the board of supervisors or by a hearing officer specifically appointed for this purpose by the board of supervisors. The hearing shall be held within a reasonable time of receiving the request for appeal hearing. Not less than twenty days prior to the hearing, the community development department shall, in writing, notify the owner(s) of the time, date, and place of the hearing. Notice of the hearing shall also be posted by the county clerk in accordance with applicable laws and codes. The failure of any person with an interest in the property on which the violation occurred to receive notice of the appeal hearing shall not affect the validity of any proceedings taken under this chapter.
D. Hearing Procedure. At the hearing, the parties may be represented by counsel and may present pertinent evidence and argument. The technical rules of evidence shall not be applicable to the hearing. (Ord. 747, 2022; Ord. 723 § 4(6), 2017)
18.92.070 Appeal body determination.
The decisions and orders of the appeal body must be based upon a preponderance of the evidence. If the appeal body determines that there is a noncompliance with the Alpine County Code as documented in the administrative citation, the appeal body shall order that a notice of noncompliance be recorded by the enforcement official within ten days from the date of decision. If the appeal body determines that there is no such violation, the appeal body shall order that no notice of noncompliance be recorded. The appeal body is not authorized to make any other orders. The appeal body shall issue its decision in writing, within ten days from the conclusion of the hearing, based solely upon the evidence in the hearing record. The order and decision of the appeal body shall be the final administrative action of the county. (Ord. 723 § 4(7), 2017)
18.92.080 Notice of noncompliance.
If a notice of noncompliance is recorded pursuant to Section 18.92.070, such notice shall include the following information, as applicable:
A. The assessor parcel number, legal description and street address of the premises;
B. A description of the noncompliance;
C. The action necessary to correct or abate the noncompliance;
D. The date of the noncompliance;
E. Notice that county permits, licenses or other entitlements involving the premises shall not be issued or approved, except as necessary to correct or abate the noncompliance; and
F. The date of issuance of the decision of the appeal body. (Ord. 723 § 4(8), 2017)
18.92.090 Notice of compliance.
Upon all work to correct or abate the noncompliance being completed by the owner(s) and approved by enforcement official and payment by or on behalf of the owner(s) to the county of Alpine of the amount determined by the county that is necessary to defray the county’s costs of recording the notice of noncompliance, conducting follow-up inspections and recording a notice of compliance pursuant to this section, the enforcement official shall submit a notice of compliance to the county recorder for recordation. Said notice of compliance shall reference the related notice of noncompliance recorded pursuant to Section 18.92.080. (Ord. 723 § 4(9), 2017)
18.92.100 Cost recovery.
Any actual code compliance cost incurred by the county under this chapter and code may be recovered through any applicable provisions of this code (including, but not limited to, Section 18.92.090), through state law (including but not limited to Government Code Section 54988), and any applicable federal laws. To collect such costs, liens may be imposed on real property belonging to a person who was responsible for violation of the county code when legal authority exists to do so. (Ord. 723 § 4(10), 2017)
18.92.110 Summary abatement.
Notwithstanding any other provision of this chapter, when any violation constitutes an immediate threat to the public health or safety, and where there is insufficient time to (A) obtain an inspection warrant, and (B) comply with the abatement procedures set out to mitigate that threat, the enforcement official may direct any officer or employee of the county to summarily abate the nuisance.
A. The county enforcement official shall make reasonable efforts to notify the owner and/or the alleged violator.
B. The county may recover its costs for summarily abating the nuisance in the manner set forth and may include any costs on the property owner’s tax bill. (Ord. 723 § 4(11), 2017)
18.92.120 Alternative enforcement procedures.
Nothing in this chapter shall prevent the county from initiating a civil or criminal proceeding or pursuing any other legal or equitable remedy as an alternative or in addition to the proceedings set forth in this chapter. (Ord. 723 § 4(12), 2017)