Colusa County Municipal Code Art. IV Variances, Abatement and Enforcement

(Ord. No. 784 § 1 (Exh. A) (part))

Variance from the terms of this chapter and requirements as prescribed the Onsite Systems Manual may be granted by the director under the following conditions:

(a) The variance will not harm the public health, safety and welfare of the people of Colusa County;

(b) Due to special conditions or exceptional characteristics of the property, its location or surroundings, a literal enforcement of this chapter and the Onsite Systems Manual would result in unnecessary hardship as determined at the sole discretion of the director;

(c) The hardship was not caused with the intent to avoid the requirements of this chapter or the Onsite Systems Manual;

(d) The variance will not have any adverse environmental effect on the use of the adjoining property.

(Ord. No. 784 § 1 (Exh. A) (part))

Any existing OWTS in a state of failure or which, based on inspection or evaluation by the director, is considered a hazard to safety or health by reason of inadequate maintenance, dilapidation, or obsolescence is hereby declared to be a public nuisance and shall be abated by repair or rehabilitation per notice of violation from the director. If not corrected within the time designated by the director in said notice of violation, the director may cause the abatement of the public nuisance pursuant to County Code public nuisance abatement process.

(Ord. No. 784 § 1 (Exh. A) (part))

(a) No person or entity that is purchasing or that owns, controls, leases, lets, hires or occupies any lands, premises or habitations in the unincorporated area of Colusa County shall construct, reconstruct, place or suffer or permit to exist thereon any installation referred to in this chapter in violation of any of the provisions hereof or to perform any act or suffer or permit any act to be performed in violation of any of the provisions hereof.

(b) Any person or entity who does any act declared unlawful in this chapter or who violates or contributes in any way to the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Every violation of any of the provisions of this chapter shall be construed as a separate offense for each day during which such violation continues.

(Ord. No. 784 § 1 (Exh. A) (part))

In addition to any other remedies provided by this Code or state law, there is hereby imposed the following civil penalty for each violation of this chapter, as imposed by the director or his/her assigns:

(a) Five hundred dollars per day for each day that the violation exists beginning on the date that the notice of violation is served and lasting until the expiration of the voluntary correction period specified on the notice of violations; and

(b) One thousand dollars per day for each day that the violation exists beginning on the day after the expiration of the notice of violation and continuing each and every day until the violation has been corrected.

(c) In the event a property owner, in the opinion of the director, significantly corrects the violation within the voluntary correction time frame specified in the notice of violation or prior to any appeal hearing, the director has the authority to cancel the notice of violation, waive or reduce the amount of penalties specified.

(d) In the event a property owner, in the opinion of the director, corrects the violation within the voluntary correction time frame specified in the notice of violation, the notice of violation and all specified penalties are canceled.

(Ord. No. 784 § 1 (Exh. A) (part))

In lieu of or in addition to any other enforcement provisions provided for in the Colusa County Code or state law, the director or authorized representative may invoke the enforcement provisions of this chapter.

(a) Every notice of violation of this chapter shall be posted at the site of the violation and shall be mailed by certified or registered mail to the address of the owner(s) of the site, as determined from the latest equalized assessment roll.

(b) Except as to an act or condition that constitutes an immediate threat to public health or safety, every notice of violation issued under this section shall permit the owner or possessor of the site upon which the violation exists at least seven calendar days in which to voluntarily correct the violation. Every notice of violation issued under this section shall state:

(1) The act or condition which constitutes the violation and the location of the subject property;

(2) Any provision of this chapter deemed to have been violated by the commission of the act or the existence of that condition;

(3) The maximum amount of time for voluntary abatement of the nuisance;

(4) The name, address and telephone number of the person who caused the notice to be served;

(5) The amount and basis for any administrative civil penalty and/or administrative costs to be imposed and a statement that the county may seek recovery of its administrative costs to investigate, enforce, and abate the violation if not voluntarily corrected within the time frame provided for in said notice of violation;

(6) That if the violation is corrected as determined by the county within the voluntary correction period specified in the notice of violation, then the notice of violation and all penalties and administrative costs may be cancelled; and

(7) The time within which the owner of the site may request a hearing before the hearing officer and that, if so requested, a hearing will be held as provided in subsection (e) of this section.

The failure of any person to receive a notice given pursuant to this subsection (b) shall not constitute grounds for any court to invalidate any subsequent action by the county or any of its officers, agents or employees to abate the nuisance.

(c) Demand for Hearing. If the owner of the site files a written demand with the department for a hearing within seven days from the date that the notice of violation is issued, the director shall set the matter before the hearing officer pursuant to subsection (d) of this section.

The hearing shall be set for a date not less than ten days nor more than sixty days from the date that the “demand for hearing” is filed unless the enforcement officer determines that the matter is urgent or that good cause exists for an extension of time.

At least seven days prior to the hearing, written notice of the time and place of the hearing shall be given to the party contesting the citation and anyone else who received notice of the citation. Notice shall be served by personal service, first class mail or by posting a copy of the notice of hearing conspicuously on or in front of the property on which the violation is located.

If no demand for a hearing is made within this time frame, the administrative civil penalty specified in the notice of violation shall become immediately due and payable.

(d) Hearing Procedures.

(1) The director or authorized representative shall first describe the acts or conditions constituting the violation and the basis for any administrative civil penalty and/or administrative costs to be imposed, and shall then present evidence specifically addressing the grounds set out in the notice of violation. The director may issue a report detailing the violation in advance of the hearing. Thereafter, the owner or their authorized representative may present evidence to refute the enforcing officer's allegations.

(2) Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this chapter except to the extent that the board of supervisors may otherwise subsequently adopt additional rules of procedure.

(3) After the hearing has concluded, the hearing officer shall prepare a written order within fourteen calendar days which determines, based on the evidence before it, the following:

(A) Whether the acts or conditions specified in the notice of violation exist, or existed when the notice of violation was issued;

(B) Whether those acts or conditions constitute a violation of this chapter;

(C) If a violation is determined to exist, or to have existed when the notice of violation was issued, whether the proposed civil penalty and/or administrative costs have been imposed consistent with the provisions of this chapter; and

(D) If a violation is determined to exist, the total amount of the administrative civil penalty and administrative costs assessed pursuant to this chapter.

(E) The order may direct that any occupancy, use or activity cease immediately if its existence or continuation is found to be an immediate threat to health or safety. Otherwise, the order shall specify that the correction of the violation shall be commenced by the owner within five calendar days of the service of the hearing order, or any longer period provided for in the order, and shall continue with reasonable diligence until complete. In all cases it shall be completely abated within thirty calendar days.

(4) If the hearing officer finds that the alleged violation does/did exist, the payment of the confirmed civil penalties and administrative costs shall be ordered to be paid in full within thirty days from the date of the order. Any such order is final immediately, unless the order or a provision of this code expressly provides otherwise.

(5) The hearing officer may continue the hearing and request additional information from the enforcement officer or the person issued the citation prior to rendering a written decision.

(6) The failure of any recipient of an administrative citation to appear at the administrative hearing shall constitute a waiver of any objections to the imposition and amount of the penalty, administrative costs or other appropriate legal remedy imposed and shall constitute a failure to exhaust administrative remedies.

(e) The hearing officer shall serve the written order by certified mail upon all persons upon whom the notice of violation was served with a copy to the director.

(f) Nonexclusive Remedy. This section is an alternative to and does not supersede any other provision of law that authorizes a nuisance to be abated or enjoined.

(g) The failure to pay the penalty imposed by the administrative citation may be enforced by:

(1) A civil action as a personal obligation of the violator; and/or

(2) Recordation of a lien upon real property; provided, that the violation is in connection with real property. The lien shall remain in effect until all of the administrative penalties, interest and costs are paid in full.

(h) If the amount of any penalty and/or administrative costs imposed have not been paid in full within ninety days of the date of the hearing order and/or has not been successfully challenged by a timely writ of mandate and the violation is in connection with real property, the director may record the unpaid penalty and administrative costs may constitute a lien against the real property on which the violation occurred.