Contra Costa County Municipal Code Ch. 14-12 Administrative Penalty System

(a) This chapter provides for administrative fines, enforcement, and collection remedies that the county may pursue to address any violation of the following provisions of the Contra Costa County Ordinance Code:

(1) Division 413 and Chapters 414-4, 414-6, 416-14, 418-2, 418-6, 418-12, 420-2, 420-6, and 450-6 (environmental health regulations);

(2) Division 445 (smoking and tobacco regulations);

(3) Title 7 (building regulations);

(4) Title 8 (zoning regulations).

(b) Remedies under this chapter are in addition to any other remedy allowed by this code or applicable law. The use of this chapter is at the sole discretion of the director.

(c) This chapter is authorized by California Government Code Section 53069.4.

(Ords. 2006-66 § 9, 2003-01 § 6, 2002-47 § 3, 2000-21 § 2).

For purposes of this chapter, the following words and phrases have the following meanings:

(a) "Director" includes the following officials and their designees:

(1) Director of Health Services;

(2) Director of Community Development;

(3) Director of Building Inspection (County Building Official).

(b) "Effective date" means the date by which a violation must be corrected, as specified in a notice of violation.

(c) "Hearing Examiner" means the following officials:

(1) Director of Environmental Health;

(2) Public Health Director;

(3) Director of Building Inspection;

(4) Zoning Administrator.

(d) "Owner" means the owner of property upon which a violation of this chapter exists, the occupant of that property, or any other party responsible for the violation.

(e) "Service date" means the date a notice or decision is served in accordance with Section 14-12.018.

(Ords. 2003-01 § 7, 2002-47 § 3, 2000-21 § 2).

(a) The director is authorized to determine whether a violation of this code exists with respect to any property.

(b) If the violation is a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issues, the director may serve a notice of violation on the owner as specified in Section 14-12.018. The notice of violation will include all of the following information:

(1) The date of the violation.

(2) The address or other description of the location where the violation occurred.

(3) The code section(s) violated and a description of the violation.

(4) A description of how the violation can be corrected.

(5) A specified time period of at least ten calendar days, beginning on the service date, within which the violation must be corrected.

(6) An advisement that the owner may be subject to an administrative fine under this chapter if the violation is not corrected by the effective date, and the amount of that fine.

(c) The director may impose an administrative fine on the owner if any of the following occur:

(1) The violation is not a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issues.

(2) The continuing violation has not been corrected as specified in the notice of violation.

(3) The continuing violation was corrected as specified in the notice of violation but a violation of the same code section continues, exists or occurs within one year of the effective date.

(d) Fine Amounts.

(1) Fine amounts for infraction violations of this code are as follows, except as otherwise provided in subsections (d)(2), (d)(3), and (d)(4) of this section:

(A) $100.00 for a first violation.

(B) $200.00 for a second violation of the same ordinance within one year of the first violation.

(C) $500.00 for each additional violation of the same ordinance within one year of the first violation.

(2) Fine amounts for infraction violations of building and safety codes are as follows:

(A) $130.00 for a first violation.

(B) $700.00 for a second violation of the same ordinance within one year of the first violation.

(C) $1,300.00 for each additional violation of the same ordinance within one year of the first violation.

(D) $2,500.00 for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(3) Fine amounts for infraction violations of event permit requirements are as follows:

(A) $150.00 for the first violation of an event permit requirement.

(B) $700.00 for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

(C) $2,500.00 for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three years of the first violation.

"Violation of an event permit requirement" has the same meaning as set forth in subdivision (e) of Government Code section 25132.

(4) Fine amounts for infraction violations of the County's Short-term Rental Ordinance (Chapter 88-32), are as follows:

(A) $100 for a first violation of Chapter 88-32 for failure to register or pay a business license fee.

(B) $1,500.00 for a first violation of Chapter 88-32, except as otherwise provided in subsection (a)(4)(A) of this section.

(C) $3,000.00 for a second violation of Chapter 88-32 within one year of the first violation.

(D) $5,000.00 for each additional violation of Chapter 88-32 within one year of the first violation.

(e) An administrative fine will be assessed by means of a notice of fine. The owner will be served with the notice of fine as specified in section 14-12.018. The notice of fine will include all of the following information:

(1) The date of the violation.

(2) The address or other description of the location where the violation occurred.

(3) The code section(s) violated and a description of the violation.

(4) The amount of the fine.

(5) An advisement of the right to request a hearing before the hearing examiner contesting the imposition of the fine.

(f) The director may require immediate abatement of a violation pursuant to section 14-6.406 of this code if the violation creates an immediate danger to the health and safety of persons or property.

(Ord. No. 2022-16, § III, 4-26-22; Ords. 2007-18 § 12, 2002-47 § 3, 2000-21 § 2).

(a) Any person upon whom an administrative fine is imposed by the director may appeal the fine pursuant to the procedures set forth in this section. The appellant must file a written appeal with the director within 15 calendar days after the service date of the notice of fine. The written appeal must contain:

(1) A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the penalty; and

(2) A brief statement of the material facts that the appellant claims supports the appellant's contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted.

(3) If a fine is levied pursuant to subsection (d)(1)(B), (d)(1)(C), (d)(2)(B), (d)(2)(C), (d)(2)(D), or (d)(4) of Section 14-12.006, an appellant may file a request for a hardship waiver. The appellant must show that the appellant has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the party. The request for a hardship waiver must be accompanied by an affidavit and support documents or materials demonstrating that payment of the full amount of the fine would impose an undue financial burden on the party.

(b) Notice of the appeal hearing will be served as specified in section 14-12.018 and will set the appeal hearing no sooner than 20 days and no later than 45 days following the service date of the notice of appeal hearing.

(c) An appeal of an administrative fine imposed for violations of this code will be heard by the following hearing examiners:

(1) Director of Environmental Health for violations of Division 413 and Chapters 414-4, 414-6, 416-14, 418-2, 418-6, 418-12, 420-2, 420-6, and 450-6.

(2) Public Health Director for violations of Division 445.

(3) Director of Building Inspection for violations of Title 7.

(4) Zoning Administrator for violations of Title 8.

(d) At the hearing, the appellant will be given the opportunity to testify and to present evidence.

(e) After considering the testimony and evidence submitted at the hearing, or after the appellant has failed to appear at the hearing, the hearing examiner will issue a written decision to uphold, modify, or cancel the administrative fine and will list in the decision the reason or reasons for that decision. If applicable, the hearing examiner will make a determination on the hardship waiver. The decision will be served as specified in section 14-12.018.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2022-16, § IV, 4-26-22; Ords. 2006-66 § 10, 2003-01 § 8, 2002-47 § 3, 2000-21 § 2).

The imposition of the administrative fine becomes a final administrative order at one of the following times:

(a) On the date the notice of fine is served, if the owner fails to file a written appeal to the director within the time specified.

(b) On the date of the written decision by the hearing examiner, if the owner files a written appeal to the director within the time specified.

(Ords. 2002-47 § 3, 2000-21 § 2).

The director may record a copy of the notice of fine with the Contra Costa County Recorder after the imposition of the administrative fine becomes a final administrative order. If the notice of fine is recorded and the violation is subsequently corrected, the director will record a notice of correction.

(Ords. 2002-47 § 3, 2000-21 § 2).

The fine must be paid to the county within thirty days after the imposition of the administrative fine becomes a final administrative order. Payment of a fine under this chapter does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the notice of fine. The payment of a fine does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

(Ords. 2002-47 § 3, 2000-21 § 2).

If the fine is not paid within thirty days after the imposition of the fine becomes a final administrative order, the county may collect the fine, the county's collection costs, and interest. An administrative fine accrues interest at the same annual rate as any civil judgment, beginning on the 20th day after the fine becomes a final administrative order. The county may collect by using any available legal means, including but not limited to the following:

(a) The county may file a civil action. If a civil action is commenced, the county is entitled to recover all costs associated with the collection of the fine, including those costs set forth in Code of Civil Procedure Section 1033.5.

(b) The amount of any unpaid final administrative fine, plus interest, plus any other costs as provided in this chapter, may be declared a lien on any real property owned by the owner within the county against whom an administrative penalty has been imposed, as follows:

(1) Notice will be given to the owner before recordation of the lien, and will be served in the same manner as a summons in the civil action pursuant to Code of Civil Procedure Section 415.10 et seq.;

(2) The lien attaches when the county records it with the county recorder's office. The lien will specify the amount of the lien, the date(s) of the code violations, the date of the final decision, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel; and

(3) The lien will be collected at the same time and in the same manner as county taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the assessments, except that if any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or a lien of a bona fide encumbrancer for value has been created and attaches on the property before the date on which the first installment of taxes would become delinquent, then the lien that would otherwise imposed shall not attach to the real property and the lien will be transferred to the unsecured roll for collection.

(c) The county may withhold issuance of licenses, permits and other entitlements to an owner on any project, property, or application of any kind whenever an administrative fine remains unpaid.

(d) The county may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgment Law, California Code of Civil Procedure Section 680.010 et seq.

(Ords. 2002-47 § 3, 2000-21 § 2).

All notices or decisions required to be served by this chapter will be served either by the method specified in subsection (a) or by the method specified in subsection (b). The failure of a person to receive a properly addressed service shall not affect the validity of the proceedings.

(a) Certified mail and posting. Certified mail will be addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known. Service is deemed completed upon the deposit of the notice or decision, postage pre-paid, in the United States mail. Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail. Posting of the notice or decision will be conspicuously on or in front of the property. If the property has no frontage, posting will be on the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner.

(b) Personal service. Personal service is deemed complete on the date the notice or decision is personally served.

(Ords. 2002-47 § 3, 2000-21 § 2).

A final administrative order may be appealed to the superior court of Contra Costa County in accordance with the provisions set forth in Government Code Section 53069.4.

(Ords. 2002-47 § 3, 2000-21 § 2).