Alameda County Municipal Code Art. V Compliance

In case the owner or other responsible person shall fail, neglect or refuse to perform the required corrections, maintenance or repairs after being notified in writing to do so by the director, the director of community development or the deputy director designee shall have recourse to all remedies permitted by law to secure compliance.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-121.0)

(Ord. No. 2012-4, § 26, 1-10-12)

A. Duty of Director. It is the duty of the director of community development of Alameda County or the deputy director designee to enforce the provisions of this chapter. For such purpose, he/she shall have the powers of a police officer.

B. Periodic Inspection of Operations. As a condition of issuing a surface mining permit and approving a reclamation plan, the planning commission shall establish a schedule for periodic inspection by the director of community development or his agent of the mining operations and reclamation to determine and assure continuing compliance with these regulations. The interval between inspections shall not be greater than one year. The director of community development or the deputy director designee may require the operator to submit such information to him/her as necessary to determine compliance.

Whenever the director of community development or the deputy director designee determines, in the course of periodic inspections carried out under subsection B, that the mining operations are not in compliance with the terms of the surface mining permit or the approved reclamation plan, or that the soil or other conditions are not as stated on the permit, he/she shall notify the permittee and/or operator of such fact in writing demanding compliance within a reasonable time from the date of such notice. If the permittee and/or operator has not, within the stated time, complied with the terms of the permit or the approved reclamation plan or the requirements of this chapter, or given reasonable assurances that such steps are being taken to comply, the director of community development or the deputy director designee may order the cessation of all work or any portion thereof, and such work shall cease until the requirements of the permit or reclamation plan or this chapter are met. The director of community development or the deputy director designee also shall have recourse to any other remedy permitted by law to secure compliance.

C. Inspection Fee. The cost of inspection shall be covered fully by the administrative fee set forth in Section 6.80.242 of this code.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-121.1)

(Ord. No. 2012-4, § 27, 1-10-12)

Any surface mining permit granted under the provisions of this chapter shall be subject to revocation or suspension by the planning commission, for cause, and in the following manner:

A. Notice. The matter of revocation or suspension shall be set for a public hearing not less than ten days nor more than thirty (30) days thereafter, notice of which shall be posted on said property and a copy thereof shall be served upon the operator/permittee, either personally or by certified mail to its last known address, not less than ten days prior to the said hearing, which said notice shall specify wherein the permittee has failed to comply with this chapter or conditions specified in the surface mining permit or the approved reclamation plan, and shall require the operator/permittee to appear at said hearing on the date and hour specified at which time evidence both for and against the revocation of said permit may be offered and shall be considered by the commission.

B. Hearing. Upon the date set for hearing, the planning commission shall hear all charges against said operator/permittee. At the hearing, the operator/permittee shall have the right to appear in person or by counsel and to introduce evidence in opposition to such revocation or suspension.

C. Action by Planning Commission and Board of Supervisors. After said hearing, the planning commission shall report in writing to the board of supervisors that it has held the hearing; said report shall contain a statement of any and all findings and recommendations made by the commission. The board of supervisors shall set the matter for hearing and shall give written notice thereof to the permittee. After the conclusion of its hearing, the board may affirm, modify, or reject the recommendation of the planning commission. Any action of the board shall be based upon the commission's report and any other evidence produced at the board's hearing. Where appropriate, a further appeal may be taken by the permittee to the State Mining and Geology Board as specified by Section 6.80.200 of this chapter.

(Ord. 99-60 (part): prior gen. code § 8-121.2)

A. If the director of community development or the deputy director designee, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable surface mining permit, any required permit and/or the reclamation plan, the county shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 as amended concerning violations and penalties, as well as provisions of this chapter for revocation and/or abandonment of a surface mining permit which are not preempted by SMARA.

B. In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance, and the county may act to summarily abate such conditions as specified in Section 6.80.290 of this chapter.

C. The director of community development or the deputy director designee shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter; these authorized employees or officers shall be known as enforcement officers. Enforcement officers shall have the authority to arrest persons who violate any of said provisions and to enforce abatement regulations of the county as described in Sections 6.80.290 and 6.80.300 of this chapter.

D. The planning director shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter; these authorized employees or officers shall be known as enforcement officers. Enforcement officers shall have the authority to arrest persons who violate any of said provisions and to enforce abatement regulations of the county as described in Sections 6.80.290 and 6.80.300 of this chapter.

(Ord. 2003-61 (part); Ord. 99-60 (part): prior gen. code § 8-123.0)

(Ord. No. 2012-4, §§ 28, 29, 1-10-12)

If such nuisance as defined in Section 6.80.280(B) is not abated as ordered within said abatement period, the enforcement officer shall cause the same to be abated by county employees or private contract. The enforcement officer, county employees or private contractor are expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable to the enforcement agency thirty (30) calendar days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the nuisance; the actual expenses and costs of the county in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing notices required herein. No person(s) shall obstruct, impede, or interfere with the enforcement officer, or designated representative, or with any person who owns or holds any interest or estate in any property in the performance of any necessary act, preliminary to or incidental, carrying out an abatement order issued pursuant to this chapter.

(Ord. 99-60 (part))

The total cost for abating such a nuisance as so confirmed by the board of supervisors, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

After such confirmation and recordation, a certified copy of the board's decision shall be filed with the Alameda County auditor-controller on or before August 1st of each year, whereupon it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such special assessment. In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN (Claim of County of Alameda)

Pursuant to the authority vested by the provisions of Section of Alameda County Ordinance No. , the Enforcement Officer of the County of Alameda did on or about the [date] day of [month, year], cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be removed, repaired or demolished in order to abate a public nuisance on said real property; and the Board of Superiors of the County of Alameda did on the [date] day of [month, year], assess the cost of such rehabilitation, removal, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said County of Alameda does hereby claim a lien on such rehabilitation, removal, repair or demolition in the amount of said assessment, to wit: the sum of $ : and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the County of Alameda, State of California, and particularly described as follows:

(description)

Dated this day of [month, year]

Enforcement Officer, County of Alameda

(Ord. 99-60 (part))