§ 21.24

No person shall construct a facility without first obtaining a renewable energy development agreement, a renewable energy permit or a renewable energy impact determination and no person shall operate a facility in violation of a renewable energy permit or renewable energy development agreement.

(Ord. 1158 § 3, 2010)

Where it appears to the county planning department that a facility is in violation of any condition of a renewable energy development agreement, a renewable energy permit, an approved reclamation plan or any applicable statute, regulation or ordinance, the planning department shall serve formal notice to the facility operator and/or owner stating the nature of the violation and the specified time frame to correct the violation before an order is issued. (Ord. 1158 § 3, 2010)

The time within which the facility operator and/or owner must commence correction of the violation shall be sooner than sixty days from the notice of violation. (Ord. 1158 § 3, 2010)

An order shall be issued if the facility operator and/or owner fails to comply with the notice within the specified time limit. Not sooner than thirty days after the date of the order, a hearing shall be held by the county planning director or designee, for which at least ten days' written notice has been given to the facility operator and/or owner. The order shall not take effect until after the hearing.

(Ord. 1158 § 3, 2010)

Failure to comply with the order shall be subject to an order setting administrative penalties and permit modification or revocation. Penalties shall be assessed from the date of original noncompliance.

(Ord. 1158 § 3, 2010)

In determining the amount of administrative penalty, the county shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters as justice may require.

(Ord. 1158 § 3, 2010)

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Inyo County, CA § 21.24.070

INYO COUNTY CODE

§ 21.24.090

Orders setting administrative penalties and revoking or modifying the determination or permit shall become effective upon issuance thereof. Payment of penalties shall be made to the planning department unless the affected facility operator and/or owner files an appeal with the county board of supervisors within ten days of the issuance of such administrative penalties. If after the hearing, the board affirms an order setting administrative penalties, the facility operator and/or owner shall pay the administrative penalties set by the board's order within thirty days of the service of that order. A permit modification or revocation shall become effective thirty days after the board's order.

(Ord. 1158 § 3, 2010)

The provisions of this chapter shall be enforced by the county planning director or designated appointee. Violations of Section 21.24.010 or other provision of the chapter may be prosecuted by the Inyo County district attorney.

(Ord. 1158 § 3, 2010)

Notwithstanding the foregoing, a violation of this chapter may be enforced by the county by the use of any legal or equitable remedy available to the county, including Title 22. (Ord. 1158 § 3, 2010; Ord. 1192 § 21, 2015)

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Inyo County, CA

RENEWABLE ENERGY DEVELOPMENT

§ 21.28.010

§ 21.28.010