Alameda County Municipal Code Art. VIII Enforcement

The director of public works may suspend or revoke a permit for good cause, subject to appeal in accordance with the provisions of Section 15.36.220 of this chapter. In the event of such appeal, no work shall be performed pending the resolution of the said appeal except as authorized or directed by the director of public works.

(Prior gen. code § 7-117.0)

(Ord. No. 2010-19, § 1, 5-4-10)

Unless otherwise specified, the violation of any provision of this chapter, or the failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor; except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an administrative violation in accordance with the provisions of Section 15.36.684 of this chapter or, if appropriate, may be declared a public nuisance and abated in accordance with the provisions of Section 15.36.680 of this chapter. Administrative violations may be subject to an enforcement fee in accordance with the provisions of Section 15.36.684C and/or an administrative penalty or penalties in accordance with the provisions of Section 15.36.674 of this chapter.

(Ord. No. 2010-19, § 1, 5-4-10)

A. Misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine or imprisonment.

B. Administrative Violation. A person in administrative violation of this chapter may be subject to the payment of fines and/or fees in accordance with the following schedule, at the discretion of the authorized enforcement officer, except that the authorized enforcement officer shall also have the authority to declare a violation as a hazard, subject to summary abatement in accordance with the provisions of Section 15.36.680 of this chapter; in the event of such a hazard declaration, the fines and/or fees may be levied in addition to the penalties described in Section 15.36.680, at the discretion of the authorized enforcement officer:

Fines and Fees for Administrative Violations Unpermitted grading work

The director of public works shall notify, in writing, any person subject to the imposition of a fine in accordance with this Section 15.36.674, and, if appropriate, shall provide that person with a reasonable opportunity to correct the violation prior to the levy; any person receiving such a notice may appeal the fine in accordance with the provisions of Section 15.36.686 of this chapter.

Unless otherwise specified by law, the invoice for any fine levied in accordance with this Section 15.36.674 not paid to the county within sixty (60) days of such levy may be sent to county collections for action. In the event that such an invoice is not paid promptly to county collections, the director of public works shall have the authority to place a lien upon and against the property involved in the violation.

(Ord. No. 2010-19, § 1, 5-4-10)

Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or allowed by such person and verified by the authorized enforcement officer, and may, at the discretion of the officer, be subject to the specified penalties accordingly, except that the officer shall provide any person responsible for a continuing violation with a reasonable period of time to correct, eliminate, or otherwise remedy that violation prior to the imposition of an administrative penalty or penalties, provided that the said violation does not constitute an immediate danger to health or safety.

(Ord. No. 2010-19, § 1, 5-4-10)

Causing, allowing, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

(Ord. No. 2010-19, § 1, 5-4-10)

A. In addition to the penalties described in Section 15.36.674 of this chapter, any condition caused or allowed to exist in violation of any of the provisions of this chapter, including any violation of the orders or notices issued pursuant to Section 15.36.684 of this chapter, may be determined by the director of public works to be a threat to the public health, safety, and welfare, and as such, may be declared and deemed by him/her to be a public nuisance, and may be summarily abated and/or restored by any authorized enforcement officer pursuant to the provisions of Chapter 15.28 of this title, including the exception provided by Section 15.28.050E of that chapter wherein the normal notice and hearing requirements for abatements may be waived when the said conditions are determined, by the director, to constitute an immediate hazard to health or property.

B. If any violation of this chapter is determined by the director of public works to constitute a recurrent public nuisance, the director shall so declare. Following any appropriate required notice and hearing pursuant to Chapter 15.28 of this title, thereafter such declared recurrent public nuisance shall be abated in accordance with Chapter 15.28 without the necessity of any further hearing.

C. The county may recover any and all costs and expenses associated with any actions taken pursuant to the provisions of subsections 15.36.680A and 15.36.680B of this chapter, in accordance with the provisions of Chapter 15.28 of this title.

D. In addition to any action taken by the authorized enforcement officer pursuant to subsection 15.36.680A of this chapter, county counsel may initiate an action to abate, enjoin, or otherwise compel the cessation of any condition declared to be a public nuisance by the director of public works. In any civil proceeding under this Section 15.36.680 in which the county prevails, the county shall be awarded all costs of investigation, inspection, monitoring, and/or survey that led to the establishment of the violation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit, and reasonable attorney fees.

(Prior gen. code § 7-117.1)

(Ord. No. 2010-19, § 1, 5-4-10)

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of the county decisions pursuant to this chapter.

(Ord. No. 2010-19, § 1, 5-4-10)

In addition to the other enforcement powers and remedies established by this chapter, an authorized enforcement officer shall have the authority to undertake the following administrative actions:

A. Notice to Appear. When the authorized enforcement officer finds that a violation of this chapter has taken place or is likely to take place, he/she may post a warning notice on the property requiring that the resident or owner appear at the offices of the public works agency to review and resolve that violation.

B. Stop Work Notices. See Section 15.36.730 of this chapter.

C. Enforcement Fees. The cost of enforcement, including the current pay rate of the authorized enforcement officer (including benefits and overhead) to achieve final resolution of any non-compliance of this Section 15.36.684 shall be borne by the owner of the property involved and the cost thereof shall be invoiced to the owner of that property. The payment of these fees shall be in addition to any fines levied in accordance with the provisions of Section 15.36.674 of this chapter, and upon collection shall be deposited into a special fund to be used to offset the costs of possible future abatement of violations of this chapter in accordance with the provisions of Section 15.36.680 of this chapter.

All notices or orders issued by the authorized enforcement officer must state the specific nature of the violation, including a reference to the particular provision of this chapter that is being violated.

(Ord. No. 2010-19, § 1, 5-4-10)

Any person receiving notice of an administrative enforcement fee or fine from an authorized enforcement officer in accordance with the provisions of Section 15.36.674 of this chapter may appeal such action to the director of public works by submitting a letter contesting that fee or fine to the director at the address listed on the notice; however, the letter contesting the fee or fine must be postmarked no later than ten (10) days after the date of the notice of violation. Upon receipt of such a request, the director of public works shall request a report and recommendation from the authorized enforcement officer, and shall set the matter for hearing at the earliest practical date. At such hearing, the director of public works may hear additional evidence, and may reject, affirm, or modify the administrative fee or fine imposed. The director may designate a public works employee to conduct the hearing. The decision of the director of public works, or of his/her designee conducting the hearing shall be final.

(Ord. No. 2010-19, § 1, 5-4-10)

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the county. In any such action, the county may seek, and the court may grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction requiring any person not complying with this chapter to comply forthwith;

B. Assessment of the violator for the costs of any investigation, inspection, monitoring and/or survey that led to the establishment of the violation, including administrative overhead and out-of-pocket expenses, and for the reasonable costs of preparing and bringing legal action under this section, including attorney fees;

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation; and/or

D. Compensatory damages for loss to or destruction of wildlife habitat, including watercourse riparian corridors.

(Prior gen. code § 7-117.2)

(Ord. No. 2010-19, § 1, 5-4-10)

The remedies provided herein are not exclusive, and are in addition to any other remedy or penalty provided by law for violation of this chapter.

(Prior gen. code § 7-117.3)