Chapter 42
CODE COMPLIANCE PROVISIONS
Sections:
42-5. Administrative enforcement process.
42-6. Service of notice to comply and administrative order.
42-8. Withdrawal of an administrative order.
42-10. Appeal hearing procedure for administrative orders.
42-11. Failure to appeal administrative order.
42-13. Infraction and misdemeanor fines, administrative civil penalties.
42-14. Fines, penalties, and costs.
42-16. Payment of costs, fines and civil penalties.
42-17. Recording notice of violation.
42-19. Refusal to issue permits, license, or other entitlement.
Prior legislation: Ord. 619.
42-1 Purpose.
(a) This chapter establishes alternative methods of Code enforcement to efficiently address Code violations and public nuisances.
(b) This chapter is supplementary and complementary to state law and any other provision of the County Code. Nothing in this chapter is meant in any way to limit any right or remedy the county may have to abate any nuisance or violation of the law. (Ord. No. 792, § 1 (Exh. A) (part).)
42-2 Definitions.
For the purposes of this chapter the following definitions apply:
(a) “Administrative order” means an order issued by the enforcement officer pursuant to this chapter in response to a Code violation and/or public nuisance following the issuance of a notice to comply.
(b) “Administrative costs” means all costs incurred by the county in a Code enforcement or nuisance abatement action, including but not limited to all costs incurred in the investigation, hearing, appeal, any judicial process, and abatement.
(c) “Hearing officer” means an individual appointed by the board of supervisors to conduct hearings pursuant to the provisions of this chapter and Government Code Sections 25845 and 27720.
(d) “Code” means the Colusa County Code and state law the county has jurisdiction to enforce.
(e) “Days” whenever a number of days is specified in this chapter it shall mean calendar days, unless business days are specifically specified. An ending time limit that falls on a day that county offices are not open for business shall automatically be extended to five p.m. on the next calendar that county offices are open for business.
(f) “Enforcement officer” means the following county officers, department directors, and their respective designees who are authorized to enforce the Colusa County Code, state law to the extent they have enforcement jurisdiction, and this chapter:
(1) The director of the community development department;
(2) The sheriff;
(3) The agricultural commissioner; and
(4) The county administrative officer.
(g) “Hearing order” means the ruling and order issued by the hearing officer following an appeal hearing conducted under this chapter.
(h) “Notice to comply” means a notice issued by an enforcement officer informing a responsible party that a violation of the Code and/or that a public nuisance exists and provides a voluntary opportunity to correct the violation and/or abate the public nuisance pursuant to the provisions of this chapter.
(i) “Permit” means a discretionary or nondiscretionary approval of an application, permit or variance by the County based on submitted plans, specifications, narrative, and any other representation submitted by a project applicant.
(j) “Public nuisance” means any one of the following conditions or activities:
(1) The presence of garbage, dead animals, or other putrescible material;
(2) The disposal of solid waste, including but not limited to garbage, refuse, tires, construction or demolition debris, building materials, salvage materials, appliances or parts thereof, furniture, cabinets, or other household fixtures at any place other than a permitted solid waste facility;
(3) The improper storage or disposal of hazardous waste, including but not limited to waste products from the manufacturing of legal or illegal drugs or controlled substances;
(4) Anything posing a potential threat to human health, safety, or the environment;
(5) Anything obstructing or interfering with the free use, comfort or enjoyment of life or the property of others;
(6) Any building defined as being substandard pursuant to the Uniform Housing Code, the Health and Safety Code, or the Colusa County Code;
(7) Any activities or use of land, buildings, or premises, established, operated, or maintained in violation of the Code, issued permit, or permit conditions of approval; or
(8) Any condition that is a nuisance as defined in California Civil Code Section 3479.
(k) “Responsible party” means the following:
(1) A person who commits or causes a violation of any provision of the Code to occur, exist, or continue;
(2) A person who is the parent or legal guardian of the minor person who commits or causes a violation of any provision of the Code;
(3) A person who has a legal or equitable ownership interest in any parcel of real property located within the unincorporated area of the county and who commits, causes, or otherwise allows the violation of any provision of the Code;
(4) A person who, although not an owner, has a legal right, interest, or obligation to exercise possession and control over any parcel of real property located within the unincorporated area of the county of Colusa who commits, causes, or otherwise allows the violation of any provision of the Code;
(5) A person who is an owner or controller of a business or other legal entity, that commits, causes, or otherwise allows the violation of any provision of the Code;
(6) A business or other legal entity that commits, causes, or otherwise allows the violation of any provision of the Code.
(7) For purposes of notice and hearing on nuisance abatement, responsible party shall mean and include the owner and anyone known to be in possession of the property that is subject to a nuisance abatement action.
(8) If there is more than one responsible party, each and every responsible party is jointly and severally liable for the violation(s). (Ord. No. 792, § 1 (Exh. A) (part).)
42-3 Public nuisance.
(a) Any condition defined as a public nuisance or caused or permitted to exist in violation of the Code is deemed to be a public nuisance and may be abated by the county according to the provisions of this chapter.
(b) Nothing shall prevent the county from pursuing any other civil, criminal, or administrative remedy to gain compliance with the applicable provisions of the Code. Nothing in this chapter shall be read, interpreted, or construed in any manner to bar or limit the county from seeking any other remedy provided to it outside the provisions of this chapter to which it may otherwise be entitled. (Ord. No. 792, § 1 (Exh. A) (part).)
42-4 Enforcement.
(a) Notwithstanding any other provision of the Code, the enforcement officer in his or her sole discretion may act under this chapter to remedy and enforce any violation of the Code.
(b) The enforcement officer and county may prioritize Code enforcement activities as they determine appropriate in their discretion.
(c) No provision of this chapter shall be construed to require a formal or informal complaint as a condition to the initiation of enforcement actions under this chapter, or to prevent the enforcement officer from undertaking such enforcement action on his or her own initiative.
(d) Enforcement actions and related procedures under this chapter are not exclusive and do not limit or affect the authority of the county or enforcement officer to act or seek any other remedy under the law. (Ord. No. 792, § 1 (Exh. A) (part).)
42-5 Administrative enforcement process.
(a) The enforcement officer may enforce violations of the Code or seek abatement of a Code violation through the administrative enforcement process described in this section.
(b) When the enforcement officer determines that a responsible party violated the Code, the enforcement officer shall provide the responsible party with a notice to comply, seeking voluntary compliance with the Code or abatement of the violation. The notice shall include the following information:
(1) The name, and address if known, of the responsible party;
(2) A description of the violation(s) and any applicable Code sections;
(3) A summary description of what needs to be done to abate the violation(s);
(4) A statement providing that unless the violation is voluntarily abated within fourteen days, the responsible party may be issued an administrative order for the violation(s) and their failure to voluntarily comply;
(5) A general description of the fines, penalties and administrative costs that may be imposed should voluntary compliance not be obtained; and
(6) The printed name and signature of the enforcement officer.
(c) If the enforcement officer determines that a responsible party has failed to comply with a notice to comply, the enforcement officer may issue the responsible party an administrative order for the continuing violation. The administrative order shall include the following information:
(1) The name, and address if known, of the responsible party;
(2) A description of the violation and any applicable Code sections;
(3) A summary description of what needs to be done to abate the violation;
(4) A statement requiring the responsible party to correct the violation within a specified period of time not shorter than seven days and if not corrected within that time, stating that the enforcement officer may take action to abate the violation, impose any applicable fines or penalties for every day the violation has occurred, and seek all costs of enforcement;
(5) A description of the maximum daily fines or penalties which will be imposed for noncompliance;
(6) A description of any administrative costs incurred as of the date of the order and an estimate of those additional administrative costs which may be incurred by the county to abate the violation(s) if the responsible party does not correct the violation(s) within the specified time;
(7) A statement that the violation determination may, within seven days, be appealed by providing the clerk to the board of supervisors with a written request for a hearing to appeal the determination of the enforcement officer in accordance with the appeal provision in this chapter; and
(8) The printed name and signature of the enforcement officer. (Ord. No. 792, § 1 (Exh. A) (part).)
42-6 Service of notice to comply and administrative order.
A notice to comply and administrative order shall be served by certified mail to the responsible party(s) as determined by the records of the county assessor or any other address the enforcement officer deems appropriate for notice. Additionally the enforcement officer shall post a copy of the notice to comply and administrative order at the location of the violation in a visible area, if feasible. (Ord. No. 792, § 1 (Exh. A) (part).)
42-7 Extensions of time.
The enforcement officer may in his or her sole discretion grant the responsible party an extension of time, to abate any Code violations. Any extension(s) shall be in writing and shall specify the necessary corrective actions and the time frame by which corrective actions must be taken. (Ord. No. 792, § 1 (Exh. A) (part).)
42-8 Withdrawal of an administrative order.
An administrative order may be cancelled in whole or in any part by the issuing enforcement officer up until the time that the hearing order has been issued. (Ord. No. 792, § 1 (Exh. A) (part).)
42-9 Summary abatement.
Notwithstanding any other provision in this chapter, when any public nuisance or Code violation presents an immediate threat to the public health, safety, or welfare, the enforcement officer may summarily abate the nuisance or Code violation without notice or appeal hearing. (Ord. No. 792, § 1 (Exh. A) (part).)
42-10 Appeal hearing procedure for administrative orders.
(a) Any person served with an administrative order may appeal the issuance of the order to a hearing officer.
(b) To commence an appeal under this section the responsible party must file a written request for a hearing with the clerk of the board of supervisors within seven days after the date the order was issued. The seven-day limitation is jurisdictional and may not be waived. The request shall include a written statement of facts supporting the appeal.
(c) Upon timely submittal of the written request for hearing, the clerk shall set a hearing not less than five days nor more than thirty days from the date the request was filed. Notice of the hearing shall be served via certified mail by the clerk.
(d) Hearings will be conducted by a hearing officer designated by the board of supervisors and need not be conducted according to the strict technical rules of evidence concerning witnesses and hearsay, although the hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will result in an undue consumption of time. At the hearing the parties shall present evidence in support of their positions. The hearing officer shall consider the evidence, and may affirm, reverse, or modify the action taken by the enforcement officer. If the hearing officer determines that a violation of the Code occurred, the hearing officer shall at the time of the hearing determine the total amount of administrative fines, fees, costs and penalties that have accrued and are estimated to accrue until final abatement.
(e) The decision of the hearing officer shall be final and conclusive.
(f) The hearing officer may continue the hearing if the enforcement officer or the responsible party shows good cause for the requested continuance. Only one continuance shall be allowed, not to exceed thirty days of the original hearing date.
(g) The hearing officer’s ruling shall be in the form of a hearing order, and shall be determined by a preponderance of the evidence. The hearing officer shall issue their ruling on the matter within ten days following the conclusion of the hearing.
(h) The hearing order shall be served to the responsible party by certified mail to the property address listed with the county assessor’s office and by first class mail to any additional address of the property owner on record, and to any counsel of record for any responsible party within ten days of issuance, and to the enforcement officer. (Ord. No. 792, § 1 (Exh. A) (part).)
42-11 Failure to appeal administrative order.
The failure to timely appeal an administrative order shall be deemed an admission by the responsible party of guilt and final and conclusive as to the contents of the order, the violations described in order, and all fines, penalties and/or administrative costs described in the order are imposed. (Ord. No. 792, § 1 (Exh. A) (part).)
42-12 Continuing violations.
All fines and penalties incurred as a result of a Code violation shall continue to accrue each day the violation continues to exist. Each day, and any portion of which a violation continues, shall be a new and separate offense. (Ord. No. 792, § 1 (Exh. A) (part).)
42-13 Infraction and misdemeanor fines, administrative civil penalties.
In addition to any other remedies available under the law, violation of the County Code is a misdemeanor or infraction, and may also be subject to administrative civil penalties as follows:
(a) Violation of the County Code, issued permit, conditions of an issued permit, or the creation of a public nuisance, is a misdemeanor unless otherwise stated in the Code. A misdemeanor violation may be cited, charged, and prosecuted as an infraction at the discretion of the enforcement officer.
(1) Misdemeanor violations are punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period not exceeding six months, or by both fine and imprisonment. Each day during any portion of which a violation occurs is a separate offense.
(2) Infractions are punishable by fines in accordance with California Government Code Section 25132. The fine amounts for infractions described in this section will automatically increase upon any amendment of Government Code Section 25132.
(A) Each violation determined to be an infraction is punishable by a maximum fine of one hundred dollars for the first violation; a fine not exceeding two hundred dollars for the second violation of the same County Code section within one year; and a fine not exceeding five hundred dollars for each additional violation of the same County Code section within one year.
(B) Each violation of a county building and safety code, determined to be an infraction, is punishable by a maximum fine amount of one hundred dollars for the first conviction; a fine not exceeding five hundred dollars for the second violation of the same Code section within one year; and a fine not exceeding one thousand dollars for each additional violation of the same Code section within one year.
(C) Any violation which may be otherwise charged and punishable as an infraction may also be charged as a misdemeanor if the offender has committed two or more infraction violations of the same Code section within the twelve-month period immediately preceding the commission of the current infraction violation.
(b) Each person or the successor to each person who holds any permit issued by the county shall comply with every requirement or provision of the permit imposed as a condition to the exercise of the permit. Failure to comply with permit requirements is an infraction violation.
(c) Any person violating any provision of the Code may also be subject to the assessment of administrative civil penalties pursuant under the procedures in this chapter as follows:
(1) Five hundred dollars per day from the day that the administrative order is served, and continuing for each day during the voluntary abatement period specified in the administrative order.
(2) If the violation continues to exist after the voluntary abatement period has ended, the penalty shall increase to one thousand dollars per day from the first day after voluntary abatement period has ended and shall continue to accrue at that rate for each day the violation continues to exist, until the violation is abated. (Ord. No. 792, § 1 (Exh. A) (part).)
42-14 Fines, penalties, and costs.
(a) The payment of a penalty, fine, or administrative cost shall not excuse the failure to correct a Code violation nor shall it bar further enforcement action by the county.
(b) Penalties, fines and costs will not be imposed under this chapter against a property owner who establishes all of the following:
(1) At the time property owner acquired the property, the subject violation of the Code already existed on the property; and
(2) Within fourteen days after the mailing of the initial notice to comply, the property owner initiates and pursues with due diligence and good faith effort, determined in the sole discretion of the enforcement officer, the correction of the violation to meet the requirements of the Code.
(c) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition that may be abated in accordance with the Code, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the owner shall be liable for treble the costs of the abatement in accordance with Government Code Section 25845.5. (Ord. No. 792, § 1 (Exh. A) (part).)
42-15 Recovery of costs.
(a) In any action brought to enforce this chapter and remedy any Code violation, whether administratively, through judicial process, or summary abatement, each person who violates the Code shall be liable to the county for all costs incurred by the county, including administrative costs, enforcement costs, investigation costs, costs of abatement, costs to compel abatement, costs for appeal, and any collection costs. These costs shall include reasonable attorneys’ fees to the prevailing party in those actions or proceedings in which the county elects, at the initiation of the action or proceeding, to seek recovery of its attorneys’ fees.
(b) The enforcement officer shall maintain an accounting of all costs incurred by the county associated with the enforcement action to the extent necessary to recover any costs.
(c) The enforcement officer may in their sole discretion waive any costs under this section if such waiver will facilitate the timely and continued correction of any violation of the Code. (Ord. No. 792, § 1 (Exh. A) (part).)
42-16 Payment of costs, fines and civil penalties.
(a) The fines, penalties, administrative costs, or abatement costs assessed against a responsible party shall be due to the county within thirty days from the date the administrative order or if appealed to a hearing officer the hearing order. If timely appealed to the superior court in accordance with Government Code Section 53069.4, subdivision (b), within seven calendar days from the date such appeal has been dismissed or denied.
(b) Payments received after the due date shall be subject to an additional ten percent late payment charge incurred beginning thirty-one calendar days from the date of the hearing order and an additional ten percent late payment penalty shall be imposed on the same day of each subsequent month until all fines, penalties, administrative costs, abatement costs, and/or late payment charges have been paid in full.
(c) The county may collect any past due fine, penalty, cost, or late payment charge by use of all available legal means. The failure of any person to pay such fines, penalties, costs and late payment charges by the due date shall constitute a debt to the county. The county may seek payment of the debt by use of all available legal means, including but not limited to any of the following:
(1) The county may refer the debt to a third-party debt collection service for collection;
(2) The county may file a civil action to recover the debt; and
(3) The debt may be placed upon the county tax roll by the county auditor as a special assessment against any respective real property, or placed on the unsecured roll. (Ord. No. 792, § 1 (Exh. A) (part).)
42-17 Recording notice of violation.
If any Code violation or public nuisance detailed on a finalized administrative order still exists after the date of correction specified in the order, the enforcement officer may submit a notice of violation to the county recorder for recordation. The notice shall include a description of the premises, a description of the violation, the action necessary to abate the violation, the date upon which the order was issued, and if appealed the date the order was confirmed with any case number. (Ord. No. 792, § 1 (Exh. A) (part).)
42-18 Notice of correction.
When a Code violation or public nuisance has been abated in its entirety, the responsible party may request that a notice of correction be recorded by the following:
(a) Submittal of a written request to the enforcement officer informing the officer that the violation or nuisance has been abated in its entirety;
(b) Payment of any all remaining fines, penalties, and administrative costs, if any; and
(c) The additional payment of a three hundred dollar fee to the county to defray its cost of recording the notice of violation, conducting a follow-up inspection to confirm the violation has been abated, and recording a notice of compliance. (Ord. No. 792, § 1 (Exh. A) (part).)
42-19 Refusal to issue permits, license, or other entitlement.
The county has the discretion to not issue or approve a permit, license, or other entitlement when an application pertains to a premises that has been determined by the enforcement officer to be a public nuisance under this chapter, until such time that the nuisance is completely abated to the satisfaction of the enforcing officer and any outstanding fines, fees, costs, or penalties have been paid in full. (Ord. No. 792, § 1 (Exh. A) (part).)