Chapter 35.108 — ENFORCEMENT AND PENALTIES

This Chapter establishes provisions which are intended to ensure compliance with the requirements of this Development Code and any conditions of a Conditional Certificate of Conformance, Conditional Use Permit, Development Plan, Emergency Permit, Land Use Permit, Modification, Sign Certificate of Conformance, Variance, Zoning Clearance or any other permit, to promote the County's planning efforts, and for the protection of the public health, safety, and welfare of the County.

The Director is hereby authorized to investigate all reported or apparent violations of any of the provisions of this Development Code. If a violation is determined to exist or to be impending, the Director is hereby authorized to take the measures as the Director deems necessary or expedient to enforce and secure compliance with the provisions of this Development Code.

A.

Cooperation of other officials. The Director may request, and shall receive, the assistance and cooperation of other officials of the County to assist in the discharge of their duties.

B.

Right of entry and inspection.

Director may enter any structure or premise. With the consent of the owner or occupant, the Director may enter at all reasonable times any structure or premise in the County for the purpose of carrying out any act necessary to perform any duty imposed by this Development Code.

2.

Provision of identification. Upon request the Director shall provide adequate identification.

3.

Use of inspection warrant. An inspection warrant may be obtained if entry is refused.

C.

Liability.

1.

The Director or any other person charged with the enforcement of this Development Code, if acting in good faith and within the course and scope of their employment, shall not be liable personally, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of their duties.

2.

Any suit brought against the Director, because of the act or omission performed in the enforcement of any provision of this Development Code, shall be defended by the County Counsel.

D.

Prima facie evidence of lodging. Advertising that offers a property as a lodging, including a short-term rental or a homestay, shall constitute prima facie evidence of the operation of a lodging on the property. The burden of proof shall be on the owner, operator, or lessee of record to establish:

1.

If the lodging has a valid permit in place, that the subject property is being operated consistent with the permits; or

2.

If the lodging is not permitted, that the subject property is not being used as a lodging.

(Ord. No. 5238, § 21, 2-11-2025)

Where any construction work is being done in conflict with the provisions of this Development Code, the Director may order the work stopped by giving notice in writing and serving the notice and order on any person engaged in doing or causing the work to be done. Upon receipt of the notice, any person, their

agents, employees, or servants, shall immediately stop the work until recommencement is authorized by the Director.

If unable to otherwise enforce the terms of this Development Code, the Director shall refer the matter to the District Attorney and/or County Counsel for appropriate legal action.

A.

Civil actions.

1.

Public nuisance. Any structure which is altered, constructed, converted, enlarged, erected, maintained, moved, or setup in conflict with the provisions of this Development Code, and any use of any land, premise, or structure conducted, established, maintained, or operated in conflict with the provisions of this Development Code, shall be and the same is hereby declared to be unlawful and a public nuisance.

2.

Injunctive relief. Whenever, in the judgment of the Director, any corporation, firm, or person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this Development Code or any permit, order, regulation, or rule issued in compliance with this Development Code, and at the request of the Director, the District Attorney, or the County Counsel may make application to the Superior Court for an order enjoining the act or practice, or for an order directing compliance, and upon a showing by the Department that the corporation, firm, or person has engaged in or is about to engage in the act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.

3.

Abatement. In the event that any corporation, firm, or person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the Director may request the District Attorney or County Counsel to apply to the Superior Court for an order authorizing the Department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of the undertaking.

B.

Civil Remedies and penalties.

1.

Civil penalties. Any person, whether acting as agent, employee, principal, or otherwise, who willfully violates the provisions of this Development Code or any permit, order, regulation, or rule issued in

compliance with this Development Code, shall be liable for a civil penalty not to exceed $25,000.00 for each day that the violation continues to exist.

2.

Costs and damages. Any person, whether acting as agent, employee, principal, or otherwise, violating any provisions of this Development Code or any permit, order, regulation, or rule issued in compliance with this Development Code, shall be liable to the County for the costs incurred and the damages suffered by the County, its agents, and agencies as a direct and proximate result of the violation.

3.

Procedure. In determining the amount of the civil penalty to impose, the court may consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the defendant.

C.

Criminal actions and penalties.

1.

Infractions. Any corporation, firm, or person, whether acting as agent, employee, principal, or otherwise, violating any provisions of this Development Code, or any permit, order, regulation, or rule issued in compliance with this Development Code, shall be guilty of an infraction, and upon conviction thereof, shall be punishable by:

a.

A fine not exceeding $100.00 for a first violation;

b.

A fine not exceeding $200.00 for a second violation of the same provision within a 12-month period; and

c.

A fine not exceeding $500.00 for each additional violation of the same provision within a 12-month period.

2.

Misdemeanors.

a.

Any offense which would otherwise be an infraction may, at the discretion of the District Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this Development Code within the 12 month period immediately preceding the commission of the offense

or has been convicted of three or more violations of any of the provisions of this Development Code within the 24-month period immediately preceding the commission of the offense.

b.

Upon conviction of a misdemeanor the punishment shall be a fine of not less than $500.00 nor more than $25,000.00 or imprisonment in the County jail for a period not to exceed 60 days or by both the fine and imprisonment, except that where the prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury, the punishment shall be a fine of not less than $1,000.00 nor more than $25,000.00 or by imprisonment in the County jail for a period not to exceed 180 days or by both the fine and imprisonment.

3.

Violations. Each and every day during any portion of which any violation of this Development Code or any permit, order, regulation, or rule issued in compliance with this Development Code, is committed, continued, or permitted by the corporation, firm, or person shall be deemed a separate and distinct offense.

The remedies or penalties provided by this Development Code are cumulative to each other and to the remedies or penalties available under all other laws of this State.

35.108.070 - Recovery of Costs

A.

Purpose and intent.

1.

Purpose. This Section establishes procedures for the recovery of administrative costs, including staff time expended for items such as reports, site inspections, summaries, telephone contacts, correspondence with the owner and any concerned citizens or officials, and related travel time that reasonably relates to the enforcement of the provisions of this Development Code.

2.

Intent. The intent of this Section is to recoup administrative costs reasonably related to enforcement.

B.

Maintenance of records by Department.

1.

The Department shall maintain records of all administrative costs incurred by responsible County departments associated with the processing of violations and enforcement of this Development Code and

shall recover the costs from the property owner in compliance with this Section.

2.

Staff time shall be calculated at an hourly rate in compliance with the Board's Fee Resolution.

C.

Notice of violation.

1.

Upon investigation and a determination that a violation of any of the provisions of this Development Code is found to exist, the Director shall notify the record owner or any person having possession or control of the subject property by mail of the existence of the violation, the Department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on objections to the notice.

2.

The notice shall contain the following information:

a.

The address of the property in violation.

b.

The section of the Development Code violated.

c.

A description of the violation.

d.

An advisory that administrative costs will be assessed upon conclusion of the enforcement action.

e.

An advisory that all administrative costs will be billed at an hourly rate to the owner of record and/or responsible party within a summary (billing statement) of administrative costs in compliance with the Board's Fee Resolution.

f.

An advisory of the current hourly rate in effect.

g.

An advisory that any permit sought or required to cure the violation is subject to the assessment of an additional penalty processing fee established in compliance with the Board's Fee Resolution

h.

An advisory of the right to appeal the administrative costs in compliance with Subsection D (Summary of costs (administrative fees)) below, within 10 days of service of the billing statement.

D.

Summary of costs (administrative fees).

1.

At the conclusion of the enforcement action, the Director shall send a summary of costs/billing statement associated with enforcement to the owner of the subject property and/or the responsible party by certified mail.

2.

The summary/billing statement shall include the following information:

a.

An advisory of the right to file an appeal of the administrative costs.

b.

A requirement to submit the written appeal within 10 days of the date of the summary/billing statement.

c.

An advisory that failure to appeal the administrative fees will eliminate the right to object to the fees and that the owner and/or responsible party will be liable to the County for the assessed charges.

d.

An advisory that assessed costs can be recovered in a civil action.

e.

An advisory that the assessed costs can be recovered by recording a lien against the property that is the subject of the enforcement activity and that the amount of the lien may be collected at the same time and in the same manner as property taxes are collected.

E.

Hearing on objections. Any property owner, or other person having possession and control thereof, who receives a summary of costs/billing statement in compliance with this Section shall have the right to a hearing before the Director on their objections to the proposed costs in compliance with the following procedures.

1.

A request for a hearing shall be filed with the Department within 10 days of the service by certified mail of the Department's summary of costs/billing statement.

2.

Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine the validity of the objections.

3.

In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include the following:

a.

Whether the present owner created the violation;

b.

Whether there is a present ability to correct the violation;

c.

Whether the owner moved promptly to correct the violation;

d.

The degree of cooperation provided by the owner; and

e.

Whether reasonable minds can differ as to whether a violation exists.

4.

The Director's decision shall be appealable to the Board in compliance with Chapter 35.102 (Appeals).

5.

In the event that (a) no request for hearing is timely filed or, (b) after a hearing the Director affirms the validity of the costs and an appeal to the Board is not filed in a timely manner, the property owner or person in control and possession shall be liable to the County in the amount stated in the summary/billing statement or any lesser amount as determined by the Director.

6.

If the costs have not been paid within 45 days of notice thereof, these costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity.

a.

Except for liens recorded against a property (1) containing an owner-occupied residential dwelling unit or (2) to recover costs associated with an enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a Building Permit, the amount of the proposed lien may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, before the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this Section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.

b.

The amount of any cost shall not exceed the actual cost incurred performing the inspections and enforcement activity; the actual cost may include permit fees, fines, late charges, and interest.

c.

The owner of the property that is the subject of the enforcement activity shall be provided with written notice of the proposed lien, including a description of the basis for the costs comprising the lien, a minimum of 45 days after notice to pay the costs. The notice shall also inform the owner of the ability to appeal the imposition of the proposed lien to the Board regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the owner of the property.

d.

The Board may delegate the holding of the hearing required by this Section to a hearing board designated by the Board. The hearing board may be the Housing Appeals Board established in compliance with Health and Safety Code Section 17920.5 or any other body designated by the Board. The hearing board or body shall make a written recommendation to the Board which shall include factual findings based on evidence introduced at the hearing. The Board may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the Board. Notice in writing of the de novo hearing shall be provided to the owner of the property that is the subject of the enforcement activity at least 10 days before the scheduled hearing.

e.

If the Board determines that the proposed lien authorized in compliance with Subsection 6.a., above shall become a lien, the Board may also cause a notice of the lien to be recorded. This lien shall attach upon recordation in the Office of the County Recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, identify the last known address of the record owner or possessor, identify the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

Any person who shall alter, construct, enlarge, erect, maintain, or move any structure, or institute a use for which a permit is required by this Development Code without first having obtained the permit, shall, if subsequently granted a permit for that structure or use, or any related structure or use on the property, first pay an additional penalty permit processing fee for after the fact authorization of development, in compliance with the Board's current Fee Resolution.

A.

Compliance with conditions required. If any portion of a privilege authorized by a Conditional Certificate of Conformance, Conditional Use Permit, Development Plan, Emergency Permit, Land Use Permit, Modification, Sign Certificate of Conformance, Variance, or any other permit approved in compliance with this Development Code is utilized, the conditions of said permit shall immediately become effective and shall be strictly complied with.

B.

Violation of conditions subject to penalty. The violation of any valid condition imposed by the review authority in connection with the granting of any Conditional Certificate of Conformance, Conditional Use Permit, Development Plan, Emergency Permit, Land Use Permit, Modification, Sign Certificate of Conformance, Variance, or any other permit approved in compliance with this Development Code, shall constitute a violation and shall be subject to the same penalties as defined in this Chapter.

C.

Temporary suspension of compliance in order to protect public health and/or to Support Economic Recovery from the impacts of COVID-19. In order to protect public health and support the reopening of the Santa Barbara County in a manner that effectively limits the spread of COVID-19 by allowing for the use of outdoor areas to ensure that physical distancing and/or other public health requirements can be met and to provide other forms of relief to support economic recovery from the impacts of COVID-19, the following provisions apply for the temporary time period specified below.

1.

Temporary time period. Subsections 35.84.040.A.1, 35.84.030.D.8, 35.84.040.F, 35.101.020.B, and 35.108.090.C (ordinance amendments related to COVID-19) shall take effect on June 16, 2020 and shall expire the earlier of October 31, 2024 or when the COVID-19 provisions (Sections 35.84.040.A.1, 35.84.030.D.8, 35.84.040.F, 35.101.020.B.4, and 35.108.090.C) are terminated by ordinance amendment.

a.

The expiration date of these temporary amendments may be extended or revised by the Board of Supervisors by adoption of future ordinance amendments. Unless otherwise extended or amended by the Board, upon expiration this ordinance, shall be repealed and shall be of no further force or effect.

Development standards. For approved projects, this section authorizes the temporary suspension of compliance with the project description and/or conditions of approval related to the following standards provided the requirements of Subsection C.3, below, are met:

a.

Setbacks.

b.

Site coverage maximums.

c.

Minimum open space.

d.

Parking and loading standards.

e.

Signs.

f.

The requirement that uses shall occur within a completely enclosed building.

g.

Limitations on food service at wineries and tasting rooms.

h.

Restrictions on uses in the right of way.

i.

Other development standards as determined to be necessary by the Director for the protection of public health related to COVID-19 and/or to support economic recovery from the impacts of COVID-19.

3.

Requirements. To be eligible for the temporary suspension of compliance, all of the following requirements must be met:

a.

The temporary changes to an approved project that render the project unable to strictly comply with its project description, conditions of approval, and/or the development standards listed in Subsection C.2, above, are necessary to ensure physical distancing, and/or comply with other public health requirements

put in place by federal, State, or local public health officials to limit the spread of COVID-19, and/or support economic recovery from the impacts of COVID-19.

b.

The owner/applicant must follow all applicable State and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including certification or attestation and COVID-19 protection plan. Public health restrictions related to COVID-19 are subject to rapid change and nothing in this Subsection C is intended, nor shall it be construed, to allow approved projects to operate in violation of any federal, State, or local public health orders, rules or regulations.

c.

The project otherwise complies with its project description, conditions of approval, applicable development standards, and Comprehensive Plan policies.

d.

Any State or local permit or approval required by regulations other than this Development Code is obtained (e.g., a business purposes encroachment permit, health permit, alcoholic beverage control license, fire department authorization).

e.

The approved project is non-residential.

f.

The use does not occur within environmentally sensitive habitat. No native vegetation or environmentally sensitive habitat would be removed to accommodate the use of outdoor areas.

g.

No permanent structures are proposed, constructed, or erected (temporary coverings, such as canopies or umbrellas, to shade occupants from the sun and/or weather are allowed).

4.

Enforcement.

a.

If oa completed checklist, revised site plan, photos, and description of proposal are not submitted pursuant to Subsection 35.84.040.A.1, or upon submittal the Director determines, in the Director's sole discretion, that the requirements of Subsection C.3, above, are not satisfied, the Director may notify the owner/applicant that the suspension of compliance to protect public health and/or support economic recovery from the impacts of COVID-19 are not applicable and the Director may initiate enforcement action. The Director's action is not subject to appeal.

b.

If a completed checklist, revised site plan, photos, and description of proposal are submitted pursuant to Section 35.84.040.A.1 and the requirements of Subsection C.3, above, are met, as determined in the sole discretion of the Director, strict compliance to the applicable portions of the project description, conditions of approval, and/or the development standards listed in Subsection 2, above, is not required and the temporary changes to the project shall not constitute a violation subject to penalties, for the time period specified in Subsection C.1, above. The Director's action is not subject to appeal.

etion of the Director, strict compliance to the applicable portions of the project description, conditions of approval, and/or the development standards listed in Subsection 2, above, is not required and the temporary changes to the project shall not constitute a violation subject to penalties, for the time period specified in Subsection C.1, above. The Director's action is not subject to appeal.

(Ord. No. 5180, § 3, 5-16-2023)

ARTICLE 35.11 - GLOSSARY CHAPTER 35.110 - Definitions