Calaveras County Municipal Code Ch. 8.06 Property Maintenance and Administrative Enforcement Procedures

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Editor's note— Ord. No. 3081, § 3, adopted February 28, 2017, amended X Chapter 8.06 in its entirety to read as herein set out. Former Chapter 8.06, §§ 8.06.010—8.06.980, pertained to public abatement—property maintenance code, and derived from Ord. No. 2562, 1998; Ord. No. 2598, 1999; Ord. No. 2747, 2004; Ord. No. 2968, adopted August 11, 2009; Ord. No. 2974, adopted Apr. 6, 2010 and Ord. No. 3059, adopted October 13, 2015.

The ordinances codified in this chapter are enacted for the following purposes:

A. To protect the health and safety of the residents of Calaveras County through the prevention and eradication of public nuisances in the county;

B. To ensure that all premises are maintained in a manner that protects public health and safety;

C. To ensure that all premises are maintained in a manner that does not constitute a public nuisance; and

D. To ensure that all premises are maintained in compliance with all applicable laws.

The board of supervisors finds there that there is a need to establish procedures for the administrative enforcement of the Calaveras County Code, including but not limited to Titles 8, 13, 15, and 17; relevant state statutes; local laws enacted under the authority of the Medical Cannabis Regulation and Safety Act of 2015 ("MCRSA"), The Adult Use of Marijuana Act of 2016 ("AUMA"), their subsequent amendments or revisions, or any other state law regulating recreational or medical marijuana and marijuana products; and for administrative enforcement hearings conducted pursuant to the foregoing.

It is the purpose and intent of the board of supervisors to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes adequate notice, an opportunity to participate in the administrative hearing, and an adequate explanation of the reason justifying the administrative action.

These procedures are also intended to establish a forum to efficiently, expeditiously, and fairly resolve issues raised in any administrative enforcement action. The procedures established in this chapter shall be in addition to criminal, civil, or any other legal remedy established by law which may be available to the county to address violations of this code and relevant applicable state statutes.

(Ord. No. 3081, § 3, 2-28-2017)

If a section, subsection, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 3081, § 3, 2-28-2017)

This chapter does not provide the exclusive means of regulating public nuisance. It shall supplement and be in addition to other regulating statutes and ordinances heretofore or hereinafter enacted by the state, the county, or any other legal entity or agency having jurisdiction.

(Ord. No. 3081, § 3, 2-28-2017)

Unless otherwise specified herein, the owner(s) and/or the owner's designated agent(s), assign(s), occupant(s), tenant(s), person(s) in charge of premises, or operator(s) on a premises, shall be responsible for the maintenance of the premises and shall maintain the premises in compliance with this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a shared dwelling unit are responsible for keeping in a sanitary and safe condition those parts of the dwelling unit or premises that they respectively occupy and/or control. Owners and designated agents, assigns, occupants, tenants, persons in charge of premises, or operators on premises shall be jointly and severally liable to perform any and all actions, and to pay all costs, fees, or fines, in compliance with this chapter.

(Ord. No. 3081, § 3, 2-28-2017)

A. For the purpose of this chapter, the following definitions shall apply:

"Abatement" means any action the building official and his/her designees may take or order taken to remove or alleviate a public nuisance, including but not limited to demolition, eradication, removal, repair, cleaning, boarding up, securing, or replacement of property.

"Administrative citation and order" means an official citation and order, in a form that complies with Section 8.06.400 et seq. of this chapter, resulting from a violation of any provision of the county code or relevant applicable state codes.

"Assessment lien" means a special assessment lien placed on the property tax rolls and recorded with the Calaveras County Recorder's Office for the purposes of collecting outstanding administrative code enforcement action costs. It shall also mean the same as a code enforcement lien.

"Building" means any structure having a roof supported by columns and/or walls used or intended to be used for commercial or residential purposes for the shelter or enclosure of persons, animals, or property.

"Building inspector" means an employee or agent of the county responsible to determine compliance with all adopted building codes.

"Building official" means the appointed official of the county of Calaveras who occupies the position as the head of the building department and his/her designee(s), specifically including, but not limited to, code enforcement officers or any other code compliance unit employees, contractor(s), or building department staff.

"Code" means the Calaveras County Code, unless otherwise specified, including but not limited to Chapter 8.06 of this title, Titles 13, 15, and 17, along with the Uniform Building Code, Uniform Fire Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Administrative Code, any local law enacted pursuant to the Medical Cannabis Regulation and Safety Act of 2015, the Adult Use of Marijuana Act of 2016 and its subsequent revisions, or any other state law regulating legal or medical marijuana and marijuana products.

"Code enforcement officer" means the building official and his/her designees employed or contracted by the county of Calaveras responsible for enforcement of this code, investigation of violations, implementing abatements, and overseeing enforcement procedures.

"County" means the unincorporated area within the territorial county limits of Calaveras. Where appropriate, "county" may also mean the board of supervisors, county administrative officer, building official and their designees authorized to act on behalf of the county.

"Days" means calendar days unless otherwise specified in this chapter.

"Distressed property" means any building, structure or real property that is subject to a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale, foreclosure action, and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust, and/or any real property conveyed via a deed in lieu of foreclosure/sale, regardless of vacancy or occupancy by a person with no legal right of occupancy.

"District" means one of the five supervisory districts of the county.

"Foreclosure" means the process by which real property subject to a deed of trust is sold to satisfy the debt of a defaulting trustor, i.e. borrower.

"Imminent and substantial endangerment" means any condition which creates a present and immediate danger to life, property, health, the environment, or public safety.

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, or trimming of cannabis for medical or recreational use. It also encompasses any definition of "cannabis" or "cannabis cultivation" described in Chapter 17.95 or under California law.

"Notice of violation" means a written notice which informs an owner or occupant of code violation(s) present on the subject property, lists the required compliance action(s) and a reasonable amount of time within which to take said action(s), and contains specific information as required by the county code.

"Oath" means sworn affirmation.

"Occupant" as applied to a building or land, means and includes any tenant or other person who occupies or is otherwise in possession of the whole or part of such building or land, whether alone or with others. An owner who occupies or possesses the building or land can also be an occupant.

"Office" means the use of the title of any officer, employee, office, or ordinance, and shall mean such officer, employee, office, or ordinance of the county of Calaveras.

"Operate" or "engage in" means and includes to carry on, keep, conduct, maintain, cause, or allow to be kept, conducted, or maintained.

"Owner," applied to a building or land, means and includes any sole owner, part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.

"Person," unless it otherwise appears from the context as used, means and includes any person, firm, association, organization, partnership, business trust, company, corporation, public agency, school district or other special district(s), the state of California, its political subdivisions and/or instrumentalities thereof, or any other entity which is recognized by law as the subject of rights or duties.

"Premises" means any building, lot, parcel, real estate (in fee or otherwise), or land or portion of land whether improved or unimproved, including adjacent street areas.

"Property owner" means the record owner of real property as listed.

"Public nuisance" or "nuisance" means:

1. Any condition caused, maintained, or permitted to exist which constitutes a threat to the public health, safety, or welfare or which is injurious to the senses or which significantly obstructs, injures, or interferes with the reasonable or free use of property in a neighborhood, community, or to any considerable number of persons. A public nuisance also has the same meaning as set forth under the California Civil Code;

2. Any violation of the provisions of the Calaveras County Code as set forth in Titles 13, 15, and 17;

3. Any violation of the Uniform Building Code, Uniform Fire Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code, National Electrical Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Administrative Code, or any other applicable law;

4. Any accumulation of junk, debris, or junk cars, as defined in Title 17, on any parcel of land within sight of any other parcel of land or public or private roads, and which is not enclosed within four walls and a roof; or

5. Any violation of the provisions of this chapter.

"REO" means real estate owned property that goes back to beneficiary, trustee, mortgage company, or lender after an unsuccessful foreclosure auction.

"State" means the state of California.

"Street" means and includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in the county which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

"Violation" means injury, infringement, or breach of any right, duty, or law.

B. Where terms are not defined in this chapter but are defined in the Uniform Building Code, National Electrical Code, Uniform Fire Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code, International Plumbing Code, Uniform Zoning Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Administrative Code, or the Calaveras County Code, such terms shall have the meanings ascribed to them as in those codes.

C. Where terms are not defined, either in this chapter or in any of the codes referenced in subsection B, such terms shall have ordinarily accepted meanings such as the context implies.

D. Whenever the words "dwelling unit," "premises," "building," or "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

(Ord. No. 3081, § 3, 2-28-2017)

It shall be unlawful for any owner, occupant, tenant, operator, or other person to cause or maintain a public nuisance on any premises.

(Ord. No. 3081, § 3, 2-28-2017)

A. The building official and his/her designees have the authority and powers necessary to determine whether a violation of the code exists and the authority to take appropriate action to gain compliance with the provisions of the Calaveras County Code and the applicable state codes.

B. The above authority includes the powers to:

1. Issue notices of violation, administrative citations and orders, summary abatement notices, and notices of violation, administrative citations and orders to abate, and notices of hearing;

2. Inspect public and private property; and

3. Use the administrative remedies which are available under the Calaveras County Code, California Building Standards Codes, adopted Uniform Codes, or other applicable codes to obtain complete compliance, including but not limited to imposing fines, performing abatement actions, and seeking a code enforcement lien for costs of abatement.

(Ord. No. 3081, § 3, 2-28-2017)

A. The building official may enter into written voluntary agreements with an owner or occupant.

B. Voluntary agreements shall include:

1. Provisions which address the nature and extent of abatement activities;

2. A time schedule not exceeding thirty days for completion of abatement procedures;

3. Assessment of administrative fines and costs;

4. The consequences of failing to comply with the terms and conditions thereof; and

5. Any other provision which expeditiously and reasonably resolves the abatement dispute between the county and affected persons.

C. During the term of the voluntary agreement, administrative fines shall continue to accrue pursuant to Section 8.06.430. Upon satisfaction of the terms and conditions of the voluntary agreement by the owner or occupant, the building official shall waive only those administrative fines accrued during the term of the voluntary agreement. Failure of the owner or occupant to satisfy the terms and conditions of the voluntary agreement shall make the accrued fines immediately due and payable to the county.

D. Voluntary code compliance agreements shall be executed, acknowledged, and recorded in the official records of the county recorder's office. Recorded agreements shall run with the land and be binding on the heirs, successors and assigns of the affected persons who entered into said agreements with the county.

(Ord. No. 3081, § 3, 2-28-2017)

The building official, or his/her designee, is authorized to enter upon any property or premises to ascertain whether the provisions of the Calaveras County Code or applicable state codes are being obeyed, and to make any examinations and surveys as may be necessary in the performance of their enforcement duties. There may include the taking of photographs, samples, or other physical evidence such as the use of a sound level measurement device to measure noise disturbances. All inspections, entries, examinations, and surveys shall be done in a reasonable manner. Entry shall be made with consent of the owner, occupant, agent, or other party with authority, or by authority of an inspection warrant or as otherwise provided by law.

(Ord. No. 3081, § 3, 2-28-2017)

A. It shall constitute a misdemeanor for any person to:

1. Either orally or in writing, give information to an enforcement official which the person knows to be false; or

2. Remove or violate a notice or order posted as required by any provision of this Code; or

3. Obstruct, impede, or interfere with the lawful activities of any county enforcement official, including inspections, examinations, or surveys.

B. Except in cases where a different punishment is prescribed by this Code, any person convicted of a misdemeanor for violation of this chapter is punishable by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 3081, § 3, 2-28-2017)

A. Duty to record transfer of loan and/or deed of trust and/or assignment of rents:

1. Each individual or entity acquiring a trustee's deed through foreclosure shall record, with the Calaveras County Recorder's Office, the transfer documents, trustee's deed, deed of trust and/or assignment of rents or similar instrument.

2. The instrument of property transfer shall list the name of the responsible party/parties, the mailing address, email address, and telephone number of the trustee and beneficiary responsible for receiving payments associated with the loan or deed of trust.

3. In the event of a successful foreclosure sale to a third party, the trustee's deed shall list the name of the responsible party/parties, the mailing address, email address, and telephone number of the third party or parties who acquired the property via foreclosure.

4. All personal or institutional owners of REO property or property acquired via trustee's deed after foreclosure shall deliver a copy of the trustee's deed to the building official no later than fifteen days after recording the trustee's deed. This duty/obligation to draft, record, and provide a copy of the trustee's deed to the building official in conformance with this section shall be joint and several among and between all trustees and beneficiaries and their respective agents.

5. Failure to comply with subsections 8.06.110(A)(1)—(4) is a violation of this code and shall result in the issuance of an administrative citation.

B. Foreclosure/Vacant Property Registration:

1. Upon recordation of a notice of default, the trustee, beneficiary and/or lender to whom the benefit of notice of default inures, shall within fifteen days of recording the notice of default, register the property with the Calaveras County Code Compliance Unit. The registration forms may be obtained from the code compliance unit of the building department. The registration shall confirm the address of trustee, beneficiary and/or lender who shall be jointly and severally liable for property maintenance under this chapter at the time the property becomes REO property. If the beneficiary or trustee has recorded a notice of default prior to the effective date of this section, they shall register such property with the code enforcement department within fifteen days of the effective date of this section.

2. Code compliance shall issue notices of violation to all REO property owners whose property remains vacant and in violation of this chapter for thirty consecutive days after recordation of trustee's deed or date of legal acquisition, whichever is first in time. Failure to correct all violations on the property within thirty days after a notice of violation will result in an administrative citation being issued.

3. Code compliance shall issue notices of violation to all property owners who acquire property via trustee's deed after foreclosure if the property remains vacant and in violation of this chapter for thirty consecutive days after recordation of trustee's deed or date of legal acquisition, whichever is first in time. Failure to correct all violations on the property within thirty days after issuance of a notice of violation will result in an administrative citation being issued.

4. The fee for registration of properties shall be four hundred fifty dollars ($450.00) to cover the costs of the initial registration and a total of two inspections/site visits. Additional site visits or inspections made at the property owner's request will require an additional fee at the hourly administrative rate under Section 8.06.550. Should a registered property remain vacant in excess of one calendar year, a renewal fee of one hundred fifty dollars shall become due to cover the costs of a renewal registration and site visit or inspection.

(Ord. No. 3081, § 3, 2-28-2017)

A. Unsafe Structures. An unsafe structure is a structure that is unfit for human occupancy or is found to be dangerous to the public health and safety by not providing minimum safeguards to protect occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible.

B. Structure Unfit for Human Occupancy. A structure is unfit for human occupancy whenever the building official finds that such structure is unsafe or constitutes a hazard to the public health or safety.

C. Closure of Unsafe Structures. If a structure is unsafe, the building official may order the owner of the unsafe structure to close the structure so as to prevent access to the unsafe structure. If the owner of the unsafe structure fails to close the structure within the time period specified in the order of closure, the code enforcement officer shall cause the structure to be closed by any available means. The cost of closure shall be charged against the real property upon which the unsafe structure is located and/or shall be a lien upon such real property as authorized in Government Code Section 25845.

D. Notice. Whenever the building official has ordered a structure closed under the provisions of this chapter, notice of the order of closure shall be given to the owner and occupants of the structure in accordance with Section 8.06.210.

E. Placarding. If the owner fails to comply with the notice of order of closure within the time given in the notice, the code enforcement officer shall post on the premises a placard bearing the following words or words substantially similar: "Substandard Structure—Do Not Occupy. Building may only be entered to remove contents upon written permission of the code enforcement officer. It is a misdemeanor to occupy this structure, or to remove or deface this notice."

F. Prohibited Occupancy or Use. No person, including owners, shall occupy or use a placarded structure and no owner of a structure shall let anyone occupy the structure if the structure is placarded pursuant to this section. Upon transfer of any property with a violation on file indicating the property is unsafe, dangerous, or otherwise not habitable, the new owner shall not occupy or use the property, or allow others to occupy or use it, until the building official gives advance written consent.

(Ord. No. 3081, § 3, 2-28-2017)

A. The notice of violation and all other notices given under this chapter shall be served on: (1) the property owner(s) and (2) the occupant(s), if known or reasonably identifiable, in accordance with the provisions of Section 8.06.210, unless otherwise specified.

B. The failure of any person to receive any notice that is specified in or required under this chapter and served in accordance with its terms shall not affect the validity of any proceedings under this chapter.

C. Any notices given under this chapter may be combined with any other notices required under this chapter or any other applicable law.

(Ord. No. 3081, § 3, 2-28-2017)

A. Whenever any notice is required to be given under this code, the notice shall be served by: (1) delivering it personally to the occupant or by posting a copy of the notice in a conspicuous location on the real property upon which the violation or nuisance exists, and by (2) mailing it to the occupant by first class mail (together with a certificate of mailing), unless a different procedure is specifically authorized or required.

B. In the event the occupant is someone other than the property owner, a copy of the notice shall also be personally delivered or sent by first class mail to the property owner, to the address listed in the last equalized assessment roll of the county assessor.

C. Service by mail in the manner described above shall be effective on the date of mailing. The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.

D. If the violation is the result of a condition existing on the property in the county and the county records an abatement lien or enrolls a special assessment on the property, any notice from the building official or his/her designee shall also be served on each of the following, if known to the county or disclosed from official public records:

1. The holder(s) of any mortgage, deed of trust, lien, of encumbrance of record; and

2. The owner(s) or holder(s) of any lease of record.

(Ord. No. 3081, § 3, 2-28-2017)

Any violation of a provision of this chapter shall be subject to remedies available under this chapter and/or state law, including the incurrence of reasonable inspection fees, abatement costs, and the imposition of administrative fines. All violations are infractions unless otherwise specified.

(Ord. No. 3081, § 3, 2-28-2017)

A. Whenever it is determined by the building official that a violation of this code or applicable county, state, and/or federal codes exists, the code enforcement officer may issue a notice of violation.

B. The notice of violation shall include the following information:

1. The name of the occupant(s), if other than the owners and if known or reasonably identifiable;

2. The name of the property owner(s), if different from the occupant;

3. Street address of subject property;

4. The code section(s) violated;

5. A description of the conditions which violate the applicable code(s);

6. A list of necessary corrections to bring the property into compliance;

7. A deadline or specific date, determined by the building official or his/her designee, by which to correct the violation(s) listed in the notice of violation; and

8. A list of the potential consequences for failure to comply with the notice including, but not limited to: Criminal prosecution, civil injunction, administrative abatement, administrative citation and orders, administrative fines, imposition of a code enforcement lien as authorized in Government Code Section 25845 to recover costs, revocation of permits, and/or withholding of future permits pending compliance.

C. It shall be unlawful for any person who has been served with a notice of violation to sell, transfer, mortgage, lease, rent, give, or otherwise dispose of a property or such premises without: (1) furnishing the grantee(s), transferee(s), recipient(s), mortgagee(s), or lessee(s) with a copy of the notice of violation, and (2) furnishing the building official with a signed statement from the grantee(s), transferee(s), recipient(s), mortgagee(s), or lessee(s) acknowledging receipt of such notice.

(Ord. No. 3081, § 3, 2-28-2017)

A. Any person violating any provisions of this code or applicable state and/or federal code may be issued an administrative citation and order by a code enforcement officer as provided for in this chapter. The administrative citation and order shall be issued in a form approved by the building official, and may be issued subsequent to or concurrently or jointly with a notice of violation.

B. Upon issuance of a notice of violation and the expiration of a reasonable period of time as determined by the building official within which to correct or remedy the violation(s), an administrative fine may be assessed by means of an administrative citation and order issued by a code enforcement officer, such fine being payable directly to the county of Calaveras.

C. Fines assessed by means of an administrative citation and order shall be collected in accordance with the procedures specified in this chapter.

D. If the party responsible for the violation is a commercial business, the code enforcement officer shall reasonably attempt to locate the business owner(s) and issue the business owner(s) an administrative citation and order. If the code enforcement officer can only locate the manager of the commercial business, the administrative citation and order shall be delivered to the manager and posted conspicuously on the premises, with a copy also mailed to the business owner(s) in the manner prescribed by Section 8.06.210.

E. The administrative citation and order shall be signed by the issuing code enforcement officer.

F. The issuing code enforcement officer shall make a reasonable attempt to obtain the signature of one or more parties determined by the code enforcement officer to be responsible for the violation on the administrative citation and order. If a responsible party refuses to sign the administrative citation, the issuing code enforcement officer shall note this refusal on the citation. Refusal by a responsible party to sign the citation shall not affect the validity of the citation or any subsequent proceedings.

(Ord. No. 3081, § 3, 2-28-2017)

A. Any administrative citation and order that is issued shall contain all of the following information:

1. The location of the violation(s) and the approximate date and/or time the violation(s) was identified;

2. The code section(s) violated and a brief description of how the section(s) is violated, and if appropriate, the action(s) noted as necessary to correct the violation(s), which may include but are not limited to: corrections, repairs, demolition, removal, eradication, obtaining the necessary permits, vacating of tenants or occupants, or other appropriate action, and shall be accompanied by deadlines by which these respective actions must occur;

3. Set forth the consequences of failure to comply, including but not limited to abatement by the county and the imposition of a special assessment and/or lien as authorized in Government Code Section 25845 to recover the county's costs of abatement;

4. The amount of any fine(s) imposed for the violation(s);

5. An explanation as to how the fine(s) shall be paid and the deadline by which it shall be paid, and the consequences of failure to timely pay the fine(s); and

6. Identify the rights and procedures for appeal.

(Ord. No. 3081, § 3, 2-28-2017)

A. An appeal from the issuance of an administrative citation and order shall be filed with the administrative hearing board and processed in compliance with the procedures set forth in Section 8.06.600. Failure to appeal any administrative citation and order and/or accompanying fine within fifteen days of issuance shall constitute a waiver of the appellant's right to appeal the citation and fines under Section 8.06.600. Requests for an administrative hearing by a person upon whom an administrative citation and order was served shall be submitted in writing in a form approved by the building official. A request for an administrative hearing shall not be deemed complete or timely submitted unless it is accompanied by an appeal fee set by resolution of the county board of supervisors.

B. If no request for an administrative hearing has been submitted to the administrative hearing board by four p.m. on the fifteenth day after the day on which an administrative citation and order was served, the right to appeal has been waived and the building official or his/her designee may seek immediate authority from the board of supervisors, without further notice or hearing, to abate the violation and impose a lien on the property to recover abatement costs. Any individual who fails to appear and present evidence to the administrative hearing board shall be deemed to have failed to exhaust his or her administrative remedies, and shall not be permitted to request a de novo hearing before the board of supervisors.

(Ord. No. 3081, § 3, 2-28-2017)

A. A violation, except for a violation of Chapter 17.95, is an infraction.

B. If an owner or occupant fails to correct the violation(s), subsequent administrative citation and orders shall be deemed to have issued daily for the ongoing violation(s) without further notice until the violation has been fully abated and verified as such by the building official as described in Section 8.06.520.

C. Except for violations of Chapter 17.95, the fines assessed for each citation issued under this chapter for the same violation shall be as follows:

1. One hundred dollars per day for a first violation.

2. Two hundred dollars per day for a second violation of the same ordinance within one year.

3. Five hundred dollars per day for each additional violation of the same ordinance within one year.

A fine of one thousand dollars per day per violation may be assessed for violations of Chapter 17.95.

D. Payment of the fine shall not excuse the failure to correct the violation(s) nor shall it bar further enforcement action by the county.

E. All fines assessed shall be payable to the county of Calaveras.

(Ord. No. 3081, § 3, 2-28-2017)

Failure to pay the fines assessed by an administrative citation and order within the time specified on the citation may result in the referral of the matter to any designated agent for collection. Alternatively, the county may pursue any legal remedies available to it by law to collect administrative fines not paid within the time specified on the administrative citation and order, including but not limited to filing in a claim in court.

(Ord. No. 3081, § 3, 2-28-2017)

Unless otherwise specified, administrative fines collected pursuant to this chapter shall be deposited into a fund created to retain funds for code enforcement.

(Ord. No. 3081, § 3, 2-28-2017)

The board of supervisors finds that it is necessary to establish appropriate procedures for the administrative and summary abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, permitted by law which may be pursued to address these violations of code or other applicable laws. Unless expressly stated otherwise, the abatement provisions of this chapter shall govern all other nuisance abatement procedures established in any chapter of the county code.

(Ord. No. 3081, § 3, 2-28-2017)

Any condition caused, maintained, or permitted to exist in violation of any provisions of this code or applicable law constitutes a public nuisance and may be abated by code enforcement pursuant to the procedures set forth herein.

(Ord. No. 3081, § 3, 2-28-2017)

A. Once a notice of violation and administrative citation and order have [been] issued, the specified time for compliance has lapsed, and one or more violations remain, any remaining nuisance conditions may be abated upon authorization by the county board of supervisors. The abatement may be performed by county personnel or by private contractor(s) on behalf of the county.

B. The building official, or his/her designee, can enter upon private property in a reasonable manner as provided by law to abate the nuisance conditions specified in the administrative citation and order.

C. If the owner or occupant abates the nuisance before the county performs the actual abatement pursuant to the procedures set forth herein, it is the duty of the owner or occupant to request an inspection by the building official or his/her designee to confirm abatement of the violations or to otherwise provide proof of abatement to the satisfaction of the building official. It is the responsibility of the owner or occupant to retain documentation of his/her efforts to request inspection and/or to provide proof of abatement in the event that there is a later disagreement about whether and when the request or proof was submitted. Fines and costs shall accrue up to and include the date the building official confirms abatement.

D. After abatement is completed by the county, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the building official. The report shall contain the names and addresses of the occupant or other authorized user of the parcel, the name and address of the property owner if different from the occupant, the tax assessor's parcel number, and a legal description of the property.

E. All administrative and actual costs incurred by the county in abating the violations up to and including the date the building official confirms abatement may be assessed and recovered through assessment lien pursuant to the provisions set forth in this chapter and state law.

(Ord. No. 3081, § 3, 2-28-2017)

When abatement has been completed by the county, the building official shall serve on the occupant or other authorized user and the property owner a demand for payment of abatement costs which includes an itemized statement of the costs. If payment of costs is not made within fifteen days from the date of service of the demand, this obligation shall be specially assessed against the property as a code enforcement lien and recorded in the office of the county recorder upon authorization by the board of supervisors or administrative hearing officer, as authorized by Government Code Sections 25845 and 27720 et seq. The building official may request cancellation of a code enforcement lien from the county recorder only upon verified payment to the county by the owner or occupant of the specified administrative and abatement costs.

(Ord. No. 3081, § 3, 2-28-2017)

In addition to actual costs of abatement, the building official is authorized to assess administrative costs incurred by the county to pursue compliance at a rate of one hundred eight dollars per hour. Administrative costs may include scheduling and processing of any administrative hearing or board of supervisors hearing plus all subsequent actions.

(Ord. No. 3081, § 3, 2-28-2017)

A. Whenever the building official determines that a substantial violation exists which constitutes an immediate threat to the public health and safety and requires immediate correction or elimination, the building official may exercise the following powers without issuance of a notice of violation or administrative citation and order to the owner or occupant:

1. Order the tenants to immediately vacate the premises and prohibit occupancy until all immediately necessary repairs are completed;

2. Post a notice on site that the premises are unsafe, substandard, or dangerous;

3. Board, fence, or secure the building or site;

4. Raze and grade the immediately hazardous portion of the building or site to prevent further collapse and remove the hazard to the general public;

5. Make the minimum emergency repairs necessary to eliminate any imminent health and safety hazard; and/or

6. Take any other action appropriate under the circumstances.

(Ord. No. 3081, § 3, 2-28-2017)

A. The building official shall pursue only the minimum level of correction or abatement necessary to correct or eliminate the immediate threat or hazard. Costs incurred by the county during the summary abatement process shall be assessed, collected, and recovered against the owner or occupant through the procedures outlined in this chapter. As soon as is practicable, the building official shall notify the supervisor for the district in which the hazardous property or conditions requiring immediate correction(s) or elimination is located.

B. Summary Abatement Notice. If the building official decides that a summary abatement is necessary, he or she shall provide the owner and occupant written notice of the nuisance requiring correction or elimination by posting conspicuous written notice on the property at or prior to the time of summary abatement. Such posting shall constitute sufficient notice. If an owner or occupant is present and refuses to allow the building official or his/her designee to post notice, or if the owner or occupant does not or is unable to immediately correct or eliminate the immediate threat(s) or hazard(s) after notice of summary abatement is posted on the property, the county may abate the nuisance to the extent necessary to correct or eliminate the immediate threat(s) or hazard(s).

C. Post-Abatement Notice. After the summary correction or abatement is completed, the building official shall within five business days serve the owner and occupant in the manner described in Section 8.06.400 with a post-abatement notice that states:

1. The actions taken by the county and the reasons for the actions;

2. The right to contest the necessity for summary abatement and/or costs by appealing within fifteen days of receiving the post-abatement notice;

3. A statement describing the costs of the summary abatement plus notice of the county's intent to collect those costs;

4. The procedures available to appeal the summary abatement and/or costs to the administrative hearing board or administrative hearing officer.

D. Appeals concerning summary abatement and/or costs shall be heard by the administrative hearing board or administrative hearing officer pursuant to Sections 8.06.600 and 8.06.700.

E. The building official may also pursue any other administrative or judicial remedy to abate any remaining violation or public nuisance.

(Ord. No. 3081, § 3, 2-28-2017)

A. If any administrative citation and order is appealed, that does not concern cannabis cultivation on the subject property and does not involve a summary abatement, the initial hearing required by subdivision (a) of Section 25845 of the Government Code is hereby delegated to a hearing board designated by the board of supervisors. The board of supervisors delegates its authority to the hearing board, which shall be known as the administrative hearing board ("AHB"), pursuant to Government Code Section 25845(h). The board of supervisors hereby designates the Calaveras County Planning Commission to be the administrative hearing board for the purposes of this section. All hearings of the AHB shall be scheduled to occur at the conclusion of regularly-scheduled planning commission meetings, at which time the planning commission shall reconvene as the AHB.

B. The mailing and physical address of the AHB shall be: Administrative Hearing Board, c/o Calaveras County Code Compliance Unit, 891 Mountain Ranch Road, San Andreas, California, 95249.

C. Pursuant to Government Code Section 25845, upon timely written request of an owner or occupant who wishes to appeal the issuance of an administrative citation and order and/or fines pursuant to Section 8.06.420 which are unrelated to cannabis cultivation on the subject property, the AHB shall hold an administrative hearing to determine whether the conditions existing on the property constitute a nuisance under this chapter, or whether there is any other good cause why those conditions should not be abated or why the fines levied should be reduced. This hearing shall be held no less than ten days after mailing of the notice of hearing, and no more than ninety days after the AHB's receipt of the written request for hearing. If an administrative citation and order is not appealed and the administrative process not exhausted, the violation(s) and any fines will be considered to be upheld, and the building official or his/her designee will seek authorization from the board of supervisors to abate any continuing violations and impose a lien for recovery of costs.

D. The AHB shall have the power to conduct administrative hearings, the power to make findings of fact and conclusions of law required for its recommendation, the power to receive evidence and to make findings as to its admissibility, and the power to make recommendations to the board of supervisors regarding fines and abatement orders and that the cost of the abatement be specially assessed against the parcel.

E. An owner or occupant may also request an administrative hearing to challenge a summary abatement and/or the costs of the same pursuant to Section 8.06.570(D). Nothing in this section prohibits the summary abatement of a nuisance in the event of an immediate threat to public health or safety as determined by the building official or his or her designee.

F. Hearing Procedures.

1. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The administrative hearing board may question witnesses at any time and recall them as necessary for further testimony. All participants, including parties, counsel, and witnesses, will be expected to maintain a civil demeanor and to present only relevant evidence. The AHB is not required to accept into the record evidence that is irrelevant to the matter before it. The AHB may adopt more specific rules of procedure to govern its hearing process so long as those rules comply with the county code.

2. Those owner(s) or occupant(s) who filed a timely request to appeal shall be given an opportunity at the hearing to present and elicit testimony or other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter, or whether there is any other good cause why those conditions should not be abated. An attorney authorized to practice law in the state of California may represent appellants so long as that attorney has been retained by and is attorney of record for that appellant for purposes of the appeal hearing.

3. In the event that the appellant(s) or his or her attorney retained to represent him or her at that hearing does not appear and present evidence at the hearing, the administrative hearing board may base its findings and decision solely upon the evidence submitted by the building official or his/her designee. Failure of the appellant or his or her retained attorney to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies. The AHB is not required to grant requests for continuances but may do so at its own discretion upon a party's request.

4. The AHB shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the citation.

5. The AHB may at its discretion consolidate and hear at once all timely-filed appeals of an administrative citation and order submitted by multiple individuals or entities with a lawful ownership or possessory interest in the subject property.

G. Post-Hearing Procedures. At the conclusion of the hearing, the administrative hearing board shall issue a written recommendation, which may include findings relating to the existence or nonexistence of the alleged violation(s), as well as any findings concerning the propriety and means of abatement of the conditions set forth in the citation and order; findings of fact on material issues and the grounds therefore; related conclusions of law or policy; any aggravating or mitigating circumstances pertinent to the decision; recommended costs, fines, and penalties; and, if requested by the building official or his/her designee, a recommendation that the county abate the nuisance and for the cost of the abatement to be specially assessed against the parcel. Such written recommendations and findings shall be mailed to, or personally served upon, the party requesting the hearing, any other parties upon whom the administrative citation and order was served, and the building official. If an appellant was represented by counsel at the hearing, then a copy of the recommendation shall be mailed to or personally served upon his/her counsel in lieu of being delivered or mailed to the represented party. If the AHB recommends substantial changes to the recommendations and/or findings proposed and submitted by the building official, it may continue the hearing as necessary to allow adequate time to amend the recommendations or findings.

H. Recommendations of the Administrative Hearing Board.

1. The written recommendation of the AHB shall be submitted by the building official to the clerk of the board of supervisors within fourteen days of the hearing, to be placed on the board of supervisors' agenda for a regularly-scheduled board meeting. The clerk of the AHB shall mail notice to any party who appealed the administrative citation at least ten days before the board meeting for which the AHB's recommendation has been placed on the agenda.

2. The board of supervisors shall either adopt the recommendation of the AHB by majority vote without hearing, or may, at its sole discretion, hold a de novo hearing on the merits beginning that same day. Failure of the owner or occupant to have appeared and presented evidence to the AHB shall constitute a failure to exhaust administrative remedies, and no de novo hearing shall be held. The decision of the board of supervisors, including any authorization to abate continuing violations and to impose an assessment lien for costs of abatement, shall constitute the final administrative decision or order. All final administrative decisions or orders ratified by the board of supervisors may be appealed pursuant to Government Code Section 53069.4 or Code of Civil Procedure Section 1094.5.

(Ord. No. 3081, § 3, 2-28-2017)

A. Because cannabis cultivation in violation of county code is a public nuisance with unique impacts and a need for time-sensitive abatement in order to render local regulations meaningful, the purpose and intent of this section is to allow code enforcement to more quickly and effectively control the adverse impacts associated with unlawful cannabis cultivation. Ordinary abatement provisions of this chapter provide lengthy timeframes for appeal and abatement and require that every appeal be heard by the AHB, and, upon further appeal, by the board of supervisors, before an order for abatement may issue. A more streamlined appeal schedule and enforcement scheme is necessary and proper for cases involving unlawful cannabis cultivation because such activity poses unique risks to public health and safety and to the natural environment. Illegal cannabis cultivation is also potentially lucrative enough to incentivize unlawful activity at cultivation sites for as long as possible pending harvest. The intent of the board of supervisors is to therefore disincentivize such conduct by adopting higher fines and a streamlined appeal process for citations related to cannabis cultivation.

B. Therefore, in cases involving cannabis cultivation on a property, the building official or his/her designee may issue a notice of violation, administrative citation and order to abate, and notice of hearing in accordance with this section. The notice of violation, administrative citation and order to abate, and notice of hearing shall:

1. Identify the owner(s) of the property upon which the violation(s) exist, as named in the records of the county assessor, and identify the occupant(s), if other than the owner(s), and if known or reasonably identifiable;

2. Describe the location of such property by its commonly-used street address, giving the name or number of the street, road, or highway and the number, if any, of the property;

3. Identify the property by reference to the assessor's parcel number;

4. Contain a statement that one or more violations of county code or other applicable law exist relating to the cultivation of cannabis on the property and describing the violation(s) that exist and the actions required to abate;

5. Contain a statement that the owner(s) or occupant(s) is required to abate the stated violation(s) within ten calendar days after the date that said notice of violation, administrative citation and order to abate, and notice of hearing was served or else fines of one thousand dollars per violation per day will begin to accrue in accordance with Chapter 17.95;

6. Notify the recipient(s) that, unless the owner(s) or occupant(s) abates the violation(s) and provides proof of abatement satisfactory to the building official, a hearing will be scheduled and held before an administrative hearing officer appointed in accordance with this section to determine whether there is any reason why the violation(s) should not be abated. The notice of violation, administrative citation and order to abate, and notice of hearing shall specify the date, time, and location of this hearing, and state that the owner(s) or occupant(s) will be given an opportunity at the hearing to present and elicit testimony and/or other evidence regarding whether the conditions existing on the property constitute a nuisance under county code, or whether there is any other good cause why those conditions should not be abated;

7. Contain a statement that, unless the owner(s) or occupant(s) abates the violation(s), or shows good cause before the administrative hearing officer why the conditions should not be abated, the building official will abate the nuisance. It shall also state that the costs of abatement, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property.

B. The notice of violation, administrative citation and order to abate, and notice of hearing shall be: (1) served by overnight mail or overnight courier service on the owner(s) and occupant(s) (if different) pursuant to the provisions of Sections 8.06.200 and 8.06.210, and (2) posted in two (2) conspicuous locations on the subject property. The failure of any owner(s) or occupant(s) to allow the posting of notice or to receive a notice of violation, administrative citation and order to abate, and notice of hearing served in accordance with this section shall not affect the validity of the proceedings under this section.

C. The board of supervisors hereby establishes the office of county hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the California Government Code, to which office the board of supervisors shall by resolution appoint one or more administrative hearing officers. The clerk of the office of the county hearing officer shall be responsible for recruiting, selecting, and invoicing all qualified neutral hearing officers. The mailing and physical address of the office of the county hearing officer shall be: Office of Calaveras County Hearing Officer, c/o Calaveras County Administration Office, 891 Mountain Ranch Road, San Andreas, California, 95249.

D. Qualifications of Administrative Hearing Officer(s). Each hearing officer shall be an attorney at law in good standing who has been admitted to practice before the courts of the state of California for at least five years.

E. Appointment, Term, and Compensation of Administrative Hearing Officer(s). Hearing officers shall be independent contractors appointed for a period of not less than one year. In the event that the board of supervisors appoints more than one hearing officer, each hearing required under this section shall be assigned to a hearing officer set by the clerk of the office of the county hearing officer using an alphabetical rotation or computer-generated random draw. The board of supervisors shall approve by resolution policies and procedures relating to the contracting with and compensation of administrative hearing officers. The compensation and/or future appointments of an administrative hearing officer shall not be directly or indirectly conditioned upon substance of his/her rulings, including but not limited to the amount of administrative fines levied.

F. Powers of the Administrative Hearing Officer(s). Hearing officers shall have all powers enumerated in Government Code Sections 27721 and 27722 as well as the power to in his or her discretion continue a hearing for no more than ten days upon a showing of good cause by a party of interest, the power to prepare a record of the proceedings, and the power to uphold fines and abatement orders and order that the cost of the abatement be specially assessed against the parcel.

G. Administrative Hearings and Procedures. Pursuant to Government Code Sections 25845(i) and 27721(A), the hearing officer shall hold an administrative hearing to determine whether the conditions described in the notice of violation, administrative citation and order to abate, and notice of hearing constitute a nuisance under county code or other relevant law, or whether there is any other good cause why the conditions should not be abated. The hearing shall be held no less than fourteen days after service of the notice of violation, administrative citation and order to abate, and notice of hearing. Upon written request by an owner or occupant received by the clerk of the office of the county hearing officer no less than five days before the scheduled hearing date, the hearing may be continued one time upon a showing of good cause and at the discretion of the hearing officer, for not longer than ten days.

1. General Rules. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Witnesses shall be sworn. The hearing officer may question witnesses at any time and recall them as necessary for further testimony. All participants, including parties, counsel, and witnesses, will be expected to maintain a civil demeanor and to present only relevant evidence. The hearing officer is not required to accept into the record evidence that is irrelevant to the matter before it.

2. Hearing Procedures.

a. The building official shall post the county's staff report, including relevant evidence to be considering by the hearing officer, on the Calaveras County Code Compliance website at least five days before the scheduled hearing date.

b. The owner or occupant shall be given an opportunity at the hearing to present and elicit testimony or other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter, whether there is any other good cause why those conditions should not be abated, or whether any fines were levied inappropriately.

c. In the event that the owner or occupant does not appear and present evidence at the hearing, the hearing officer may base his or her decision solely upon the evidence submitted by the building official or his/her designee. Failure of the owner or occupant to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

d. The hearing officer shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the notice of violation, administrative citation and order to abate, and notice of hearing.

3. Post-Hearing Procedures.

a. The hearing officer shall issue a written decision, which shall include findings relating to the existence or nonexistence of the alleged violation(s), findings related to the appropriateness of the fines levied, and findings concerning the propriety and means of abating the conditions set forth in the notice of violation, administrative citation and order to abate, and notice of hearing. Such decision shall be mailed to, or personally served upon, the party requesting the hearing, any other parties upon whom the administrative citation and order was served, and the building official. If an owner or occupant was represented by counsel at the hearing, then a copy of the decision shall instead be mailed to or personally served upon his/her counsel in lieu of being delivered or mailed to the owner or occupant. The decision shall constitute the county's final administrative decision when signed by the hearing officer and served as herein provided.

b. The written decision must contain a statement of the violation(s) and/or nuisance(s) requiring abatement; findings of fact on material issues and the grounds in the record for those findings; any related conclusions of law or policy; any aggravating or mitigating circumstances that are pertinent to the decision; any costs, fines, and penalties and the reasons therefor; and, if requested by the building official or his/her designee, an order authorizing the county to abate the nuisance and for the cost of the abatement to be specially assessed against the parcel.

H. Appeals of Administrative Hearing Decisions and Orders. All final administrative decisions or orders may be appealed pursuant to Government Code Section 53069.4 or Code of Civil Procedure Section 1094.5.

(Ord. No. 3081, § 3, 2-28-2017)