Del Norte County Municipal Code § 7.09 Recreational Vehicles And Tents 7.09.110 Purpose 7.09.120 Definitions 7.09.130…

The purpose of this chapter is to enhance the appearance of the county by limiting the proliferation of recreational vehicles and tents being used for temporary lodging on a protracted basis which constitute a visual blight and reduces the quality of life within the county to the extent that the overall public health is detrimentally affected.

(Ord. 97-012 § 2 (part), 1997)

As used in this chapter:

"Development permit" means and includes, but shall not be limited to, a valid building permit or other valid permit acquired for the development of property for residential purposes, and any other valid permit obtained for the development of property as defined in Section 21.04.195, both within and outside of the coastal zone.

"Enforcement official" means any officer or department head of the county or other public agency charged with the duty of enforcing county ordinances or laws of the state.

"Hearing officer" means a hearing examiner appointed pursuant to section 2.26.20 of this Code.

"Recreational vehicle" means and includes, but shall not be limited to, a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, and which is either self-propelled, truck-mounted, or designed to be towable on the highways. For purposes of this chapter, "recreational vehicle" shall also include tents which may or may not be designed to be towable on the highways.

(Ord. 97-012 § 2 (part), 1997; Ord. 2009-004 § 18 (part), 2009)

Except to the extent inconsistent with the provisions of this chapter, the provisions of Chapter 7.08 shall apply to this chapter.

(Ord. 97-012 § 2 (part), 1997)

1. It is unlawful for any person to occupy or use any recreational vehicle, or attempt to occupy or use any recreational vehicle for purposes of sleeping or lodging on private or public property, unless otherwise excepted in this chapter, in the unincorporated area of Del Norte County for any period of time in excess of fourteen consecutive days during any thirty day period without first obtaining a permit for such use from the community devel opment department.

2. It is unlawful for any person to occupy or use any recreational vehicle, or attempt to occupy or use any recreational vehicle for purposes of sleeping or lodging on private property in the unin corporated area of Del Norte County for any period of time without the written authorization of the legal owner of the parcel of property upon which the recreational vehicle is parked.

3. It is unlawful for any person to occupy or use any recreational vehicle, or attempt to occupy or use any recreational vehicle, for purposes of sleeping or lodging in any parking lot on prop erty with an approved parking capacity of over fifty vehicles.

(Ord. 97-20 § 2, 1997; Ord. 97-012 § 2 (part), 1997)

It is declared to be a public nuisance for any person to violate the provisions of Section 7.09.210 of this chapter.

(Ord. 97-002 § 2 (part), 1997)

1. A person who uses a recreational vehicle in a public campground or private recreational vehicle park or campground is not subject to the provisions of this chapter.

2. The provisions of this chapter shall not apply on property which is identified as a forestry designated land use area in the current general plan.

(Ord. 97-012 § 2 (part), 1997)

1. The community development department is authorized to issue permits for the use of recreational vehicles for a period of longer than fourteen days under the following circumstances:

   1. The registered owner or other person in legal possession of the recreational vehicle has a development permit relating to the property upon which the recreational vehicle is parked; and

   2. Adequate and safe provisions have been made for water and sewage; and

   3. If electricity is supplied to the recreational vehicle, the connections have been approved for purposes of safety by the county's building inspector.

2. No permit issued under this section shall be valid for more than one year, however, a new permit may be issued if development is occurring within the time frame required under the development permit.

3. The applicant shall pay a fee for issuance of the permit in the amount as from time to time established by the board of supervisors.

(Ord. 97-012 § 2 (part), 1997)

1. Regardless of whether the owner of property is in actual possession of his or her real property, it is the duty of every owner of real property within the unincorporated area of Del Norte County to prevent a public nuisance as described in Section 7.09.220 and Section 7.09.230 of this chapter from arising or existing upon his or her real property.

2. Regardless of whether the registered or legal owner of a recreational vehicles is in actual possession of such vehicle, it is the duty of every such owner to prevent a public nuisance as described in Section 7.09.210 and Section 7.09.220 of this chapter from arising or existing upon any public or private property within the unincorporated area of Del Norte County.

(Ord. 97-012 § 2 (part), 1997)

Nothing contained in this chapter shall be construed to prohibit the right of any person or public or private entity damaged by any violation of this chapter to institute a civil proceeding for injunctive relief against such violation, for money damages, or for whatever other or additional relief the court deems appropriate. The remedies available under this chapter shall be in addition to, and shall not in any way restrict any other rights or remedies available under law.

(Ord. 97-012 § 2 (part), 1997)

The penalty provisions of Article 4 of Chapter 7.08 of this title shall apply to any person determined to be in violation of this chapter.

(Ord. 97-012 § 2 (part), 1997)

Whenever the enforcement official determines that a violation of this chapter is occurring which constitutes a public nuisance, the enforcement official may take action to abate the nuisance. In such event, the enforcement official shall give written notice to the owner of the real property upon which the recreational

vehicle is located, and to the occupier, or other person reasonably believed to be in legal possession of the recreational vehicle.

(Ord. 97-012 § 2 (part), 1997)

The notice of nuisance described in Section 7.09.510 of this chapter shall:

1. Identify the owner of the real property upon which the recreational vehicle is located as the name appears on the records of the county assessor.

2. Provide a description of the real property sufficient to give its location.

3. State that the county has determined that a public nuisance exists by virtue of violation of Chapter 7.09 of the Del Norte County Ordinance Code which prohibits the use of recreational vehicles on private property for sleeping or lodging purposes without the consent of the owner, or in excess of fourteen days without a permit.

4. An order to immediately cease using the vehicle for sleeping or lodging purposes.

5. State that the property owner and the person in apparent legal possession of the recreational vehicle may appear before the hearing officer to show cause why use of such recreational vehicle is not a violation of this chapter. If no request for a hearing is received within 10 days after the mailing of the notice of intention to abate and remove, the county shall have the authority to abate, remove, and dispose of the recreational vehicle, or parts thereof, as a public nuisance without holding a public hearing.

6. State that the cost of enforcing this chapter, including the applicable cost of administration, and the civil penalties described in Article 4 of this chapter will be specially assessed against the real property, or placed on the unsecured roll, and collected at the same time and in the same manner as ordinary county taxes are collected pursuant to Government Code Section 25845, and shall be subject to the same penalties, interest, and to the same procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes.

7. State that in order for any oral or written evidence or any claim, defense or privilege to be considered, it must be presented to the hearing officer at or before the time of the hearing, and that failure to do so will constitute a waiver and may prevent such evidence or claim, defense or privilege from being considered in any later proceeding.

8. A copy of Sections 7.08.830 and 7.08.840 of Chapter 7.08 of this title relating to conduct of the hearing.

9. State that the county may seek to recover its attorney's fees incurred in any action, administrative proceeding, or special proceeding relating to a violation of this chapter from the property owner or person in apparent legal possession of the recreational vehicle.

10. State that the county may remove the recreational vehicle upon the violator's failure to cease violation of this chapter, and require the property owner or person in apparent legal possession of the recreational vehicle to pay the storage costs and costs of removal.

Ord. 2009-004 § 19 (part), 2009; Ord. 97-012 § 2 (part), 1997)

The enforcement official shall serve the notice required by Section 7.09.520 of this chapter by personal delivery to the person in apparent legal possession of the recreational vehicle, to the property owner in compliance with Chapter 7.08, Section 7.08.830 of this title, and to the registered owner at the address obtained from the California Department of Motor Vehicles for such vehicle.

(Ord. 97-012 § 2 (part), 1997)

A hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date the request for the hearing is received by the Community Development Department. The person requesting the hearing shall be notified of the time and place set for the hearing at least 15 days prior to the date of the hearing.

(Ord. 2009-004 § 20 (part), 2009; Ord. 97-12 § 2 (part), 1997)

1. Upon the conclusion of the hearing, the hearing officer shall take one of the following actions: 1. Terminate the proceedings upon a finding that a violation does not exist.

   2. Confirm the existence of a nuisance, and order the property owner or person in apparent legal possession of the recreational vehicle to immediately cease the violation.

   3. Confirm the existence of a nuisance, and order the enforcement official to immediately remove the recreational vehicle in accordance with Vehicle Code Section 22851 as it is from time to time amended.

2. If the final decision of the hearing officer confirms the existence of a nuisance, the hearing officer shall determine whether the owner of the property or the person in apparent legal possession of the recreational vehicle shall be responsible for paying the county's costs, including, but not limited to, the costs of abatement and the costs of administration, as well as any civil penalty assessed by the hearing officer pursuant to Article 4 of this chapter.

3. The order of the hearing officer shall be final, subject to judicial review in accordance with Code of Civil Procedure Section 1094.6.

(Ord. 2009-004 § 21 (part), 2009; Ord. 97-012 § 2 (part), 1997)

1. If the hearing officer determines that the property owner shall be held responsible for the public nuisance created by violation of this chapter, the provisions of Article 9 of Chapter 7.08 of this title shall apply.

2. If the hearing officer determines that the person in apparent legal possession of the recreational vehicle shall be held responsible for the public nuisance created by violation of this chapter, the provisions of Article 7 of this chapter shall apply.

(Ord. 2009-004 § 22 (part), 2009; Ord. 97-012 § 2 (part), 1997)

The enforcement official enforcing the provisions of this chapter shall keep an accounting of the cost of enforcement, and shall prepare a report in writing showing the cost of enforcement and the applicable cost of administration. The report shall specify:

1. The work done;

2. An itemized account of the costs and receipts of performing the work;

3. Provide the name and address of the person in apparent legal possession of the recreational vehicle and the name and address of the legal owner of the recreational vehicle;

4. Set forth the date upon which abatement of the nuisance was ordered by hearing officer;

5. Set forth the date the abatement was complete;

6. Set forth the cost of administration;

7. Set forth the civil penalty which may be imposed pursuant to Article 4 of this chapter; and

8. Set forth the total amount of the assessment proposed to be levied against the property of the responsible party.

(Ord. 2009-004 § 23 (part), 2009; Ord. 97-012 § 2 (part), 1997)

The enforcement official shall serve a copy of the accounting, and a notice of the date, time, and place that the hearing officer will consider the accounting, which date shall be not less than fifteen calendar days after the date of serving the notice. The notice shall be served by first class mail to the registered owner and to the person in apparent legal possession of the recreational vehicle.

(Ord. 2009-004 § 24 (part), 2009; Ord. 97-012 § 2 (part), 1997)

1. At a time fixed by the enforcement official pursuant to Section 7.09.720, the hearing officer shall review the accounting. The registered owner and the person in apparent legal possession of the recreational vehicle may appear and be heard on the questions whether the accounting and the costs included are accurate and reasonable.

2. The report of the accounting shall be admitted into evidence. The contesting party shall bear the burden of proving that the accounting is not accurate or reasonable.

3. The hearing shall be conducted in accordance with the procedures set forth in Section 7.08.830, subdivisions (B), (C) and (D) of Chapter 7.08 of this title.

(Ord 2009-004 § 25 (part), 2009; Ord. 97-012 § 2 (part), 1997)

The hearing officer shall make such modifications in the accounting as it deems necessary based on the evidence at the hearing, and thereafter shall confirm the accounting by resolution. The determination of the hearing officer as to all matters contained therein shall be final and conclusive.

(Ord. 2009-004 § 26 (part), 2009; Ord. 97-012 § 2 (part), 1997)

The registered owner and/or the person in apparent legal possession of the recreational vehicle shall be responsible for the cost of enforcing this chapter, including the cost of administration, as determined in the enforcement official's accounting, as confirmed by the hearing officer. Upon confirmation by the hearing officer, the enforcement official shall cause to be prepared and filed in the office of the county tax collector a notice of lien. The notice of lien shall contain the following:

1. The name and address of the responsible party;

   2. A description of the proceedings under which the special assessment was made, including the decision of the hearing officer confirming the assessment;

   3. The amount of the assessment;

   4. A claim of lien upon the property of the responsible party.

• (Ord. 2009-004 § 27 (part), 2009; Ord. 97-012 § 2 (part), 1997)

Upon recordation of the certificate, of tax lien filed with respect to unsecured property pursuant to Revenue and Taxation Code Section 2191.3, the amount claimed shall constitute a lien upon the property or assets of the responsible party. Such lien shall be upon a parity with the liens of state and county taxes.

(Ord. 97-012 § 2 (part), 1997)

1. The amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are made applicable to such assessment.

2. A civil action may also be brought by the county to obtain a judgment lien.

(Ord. 97-012 § 2 (part), 1997)