Calaveras County Municipal Code Art. XVI Administrative Variance

A. The director, as deemed necessary, may grant a variance or an exemption, from any standard set forth in this chapter, in consideration of any unusual circumstance whereby an unnecessary hardship would result from the application of the standard, and where the granting of a variance or an exemption would neither cause nor create a hazardous condition or endanger public health and safety.

B. The director shall issue written findings within thirty calendar days of receipt of any request for a variance or an exemption. The written findings shall demonstrate the reason or reasons for denial.

(Ord. No. 2946, § 1, 5-6-2008).

A. The director may require any person, subject to regulation under this chapter, to take corrective action to comply with this chapter.

B. The director shall provide notification to the affected person.

[C.]

The affected person may, within fourteen calendar days of notification, request in writing a hearing during which the affected person shall have the right to present evidence and testimony.

[D.]

The director shall, within thirty calendar days following the hearing, provide a written statement of the findings of fact, containing a determination, based on the evidence and testimony presented, whether the grounds for ordering corrective action are valid and whether the corrective action is appropriate.

[E.]

If the director determines that the corrective actions are valid, the director may issue and serve an order on the affected person requiring such appropriate corrective actions. The order shall:

1. Specify a deadline for commencing corrective action;

2. Specify a deadline for completion of corrective action, if such corrective action is not ongoing; and

3. Notify the affected person that, if corrective action is not taken as specified, the director may initiate any available enforcement action, at the expense of the affected person, and that the affected person may be subject to criminal prosecution.

[F.]

An affected person shall have the right to appeal the decision of the director to the board of supervisors.

[G.]

Any person who acquires ownership or possession of a well, under order of any corrective action, shall continue to take all corrective action specified in the order.

[H.]

In cases where public health and safety require emergency corrective action, the director may cause emergency corrective action to be taken by the county without prior notice or order. The person or persons, who own or are in possession of an affected well, shall be jointly and severally liable to the county for the cost of such emergency corrective action.

[I.]

The director may, with the approval of the board of supervisors, place a lien on the affected property to recover the costs of managing and performing any corrective action that is deemed necessary.

(Ord. No. 2946, § 1, 5-6-2008).