El Dorado County Municipal Code Art. I In General

A. The Board of Supervisors (hereinafter referred to as "the Board") finds that the enforcement of this Code ("Code") throughout the County is an important public service, and enforcement of the Code is vital to the protection of the public's health, safety, and quality of life. The Board finds that enforcement starts with the implementation of regulations that can be applied fairly and evenly in administrative enforcement hearings and appeals before the Board. The Board further finds that a comprehensive code enforcement system requires a variety of administrative remedies for the effective enforcement of violations of the Code. The procedures established in this chapter shall be in addition to any civil or any other legal remedy established by law, which may be pursued to address violations of the Code.

B. The Board also finds that there is a need to establish uniform procedures for administrative enforcement hearings conducted pursuant to the Code. It is the purpose and intent of the Board to establish uniform minimum procedural requirements for administrative enforcement and adjudication procedures for the Code and to provide for an administrative hearing and appeal process for both code enforcement and vehicle abatement cases.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. The operation of this chapter shall in no way change or diminish the application of other ordinances in this Code dealing with like or similar matters.

B. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire safety, or health ordinance or any other section of the Code, including fines, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

C. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed, or other private agreement except those specifically repealed by this chapter.

D. In cases where two or more provisions of this or any other chapter conflict, the most stringent or restrictive shall prevail.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. The Enforcement Official shall have the authority and powers necessary to determine whether an administrative violation of the Code exists and the authority to take appropriate action to gain compliance with the provisions of the Code. The Enforcement Official shall further have authority to issue notices and orders, the power to inspect public and private property, and use the administrative remedies that are available under the Code.

B. No Code Enforcement Officers shall carry any firearm in the performance of his or her duties.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

As used in this chapter, unless the context otherwise requires, the words and terms defined herein have the meanings ascribed to them as follows:

Cost of abatement includes cost of staff time based on weighted salary consisting of base pay plus benefits; actual cost of mobilization, removal, disposal, and/or storage of offending personal property; and actual cost to repair or abate hazardous conditions.

Enforcement Official means the Sheriff, Fire Chief, Code Enforcement Officers, Chief Administrative Officer, Director of the Planning and Building Department, Director of the Environmental Management Department, or their authorized designee(s).

Hearing Officer means any person appointed by the Board to conduct any hearing or proceeding under the provisions of this chapter, including, without limitation, the administration of oaths, the receipt of evidence, and the entry of findings of fact and law.

Junk means, and is not limited to, trash, refuse, paper, glass, cans, bottles, rags, ashes, yard waste as defined in Chapter 8.42, solid waste or refuse as defined in Section 8.42, other salvageable materials, and litter as defined in Chapter 8.42; inoperable appliances, parts, and tools; inoperable and unregistered vehicles, vehicle parts, and vehicle hulks; discarded furniture; dirt, rocks, and materials from the demolition, alteration, or construction of buildings or structures, unless such dirt, rocks, or other materials from demolition, alteration, or construction are being used for purposes of fill.

Junkyard means the use of any portion of any lot for the storage of junk, including scrap metals or other scrap materials or for the dismantling or wrecking of automobiles or other vehicles or machinery whether for sale or storage.

Public nuisance. A public nuisance shall consist of one or more of the following:

A. Anything injurious or likely to become injurious to health or safety, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including a condition of visual blight; or unlawfully obstructing the free passage or use, in the customary manner, of any public park, square, street, or highway. Enumeration of such nuisances in this chapter shall not be deemed exclusive.

B. A swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or otherwise un-maintained, wherein the water becomes polluted by bacterial growth, algae, remains or nesting sites of insects or deceased animals or reptiles, rubbish, refuse, debris or other foreign matter, thereby creating an unhealthy, unsafe, or unsightly condition.

C. Any violation of the California Building Code, California Fire Code, California Housing Code, California Plumbing Code, California Mechanical Code, National Electrical Code, or any other applicable law.

D. Any accumulation of junk, debris, or inoperable vehicles on any parcel of land.

E. Any occupancy of any structure in a manner other than that for which it was originally approved.

F. Any violation of the provisions of this chapter or other chapter where enforcement is provided for pursuant to this chapter and a violation of the chapter is declared to be a nuisance.

Responsible person means an owner, tenant, occupant, lessor, manager, licensee, or other person having control over a structure or parcel of land or, to the fullest extent allowed by law, the parent or legal guardian of any person under 18 years who have done any act for which a penalty may be imposed under this chapter, or any other person required to comply with the provisions of the Code and, in the case where the demolition of a structure is suggested as a means of abatement, any other lien holder, secured party, or other person who has properly recorded a security interest or other appropriate document evidencing an interest in the property, which has been recorded in the official records of the County.

Visual blight means any deteriorated, unreasonable, or unlawful condition or use of premises, which by reason of its appearance is detrimental to the property of others and detracts from the general standards of the neighborhood or the community; or which would be viewed by a person of reasonable sensibilities as offensive.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

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

B. To the fullest extent allowed by law, an owner of real property has a duty to prevent, remove, or abate a public nuisance on his or her real property when the owner knows or has reason to know that the nuisance exists.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Any person who violates a provision of this chapter, or fails to comply therewith or with any of the requirements thereof, shall be subject to remedies available under this chapter and/or state law, including being cited by County staff. Whenever in this Code any act or omission is made unlawful, it shall include causing, maintaining, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

B. All violations are misdemeanors. Each day that a violation continues shall be deemed a separate offense. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Unless provided otherwise and at the discretion of the District Attorney, the violation may be reduced to an infraction with maximum penalty of $500.00. Pursuant to Government Code § 53069.4, if a violation is reduced to an infraction, the administrative fine shall not exceed the maximum fine or penalty amounts for infractions set forth in §§ 25132 and 36900.

C. The imposition of any fines prescribed herein shall not preclude abatement of any violation enforced through this chapter by the Enforcement Official or institution of any other civil or criminal legal proceedings.

D. Nothing in this chapter shall be interpreted to preclude an Enforcement Official from informally encouraging citizens to comply with this Code or other applicable laws. Informal oral or written requests to encourage compliance are encouraged, as are attempts to informally negotiate or mediate issues relating to compliance.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Administrative enforcement of the provisions of this Code and other applicable laws shall be limited to cases where:

(1) Specific bona fide citizen complaints have been received;

(2) The violation occurs within the context of the County's oversight and/or approval of a project; or

(3) The enforcement action is a part of a plan for the uniform enforcement of a provision of the Code or other applicable laws within the County.

B. A Notice and order shall not be issued pursuant to a citizen complaint until the Enforcement Official has conducted an independent investigation and determined that there is good cause to believe that a violation has occurred.

C. A Notice and order imposing a fine and one or more of the following sanctions shall be available to redress infringement of the Code or applicable laws:

(1) Revocation and/or suspension of licenses or permits, special use permits, or other entitlements issued by the County;

(2) The placement of conditions and/or requirements for corrective action on permits, licenses, or entitlements issued by the County as a condition to avoid revocation of the permit, license, or entitlement; and

(3) Requiring a responsible person to post a performance bond, irrevocable letter of credit, or other adequate security to ensure compliance with the Code or other applicable laws.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

The County shall take all reasonable steps to ensure that the identity of any person making a complaint to the County concerning a violation of the Code or other applicable laws shall remain confidential. It is declared and found by the Board that the public interest served by not making the information public clearly outweighs the public interest served by disclosure of the information as is required by the Public Records Act. It shall be a misdemeanor to knowingly file a false complaint.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

It shall be the duty of the Development Services Code Enforcement Unit to coordinate the inspections and administrative orders as fully as practicable so that the owners and occupants of the premises shall not be subjected to visits by numerous inspectors or multiple or conflicting orders.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

The Board finds there is a need to recover the cost of abatement incurred by the County in its code enforcement efforts. Costs of abatement include costs reasonably related to enforcement, including, but not limited to, site inspections, travel time, investigations, telephone contacts, preparation of summaries, reports, notices, correspondence, warrants, and hearing packets, recordation of documents, and legal research and preparation for and attendance at any administrative proceedings under this chapter. The time expended by any County officer or staff to calculate the above costs and prepare itemized invoices, may also be recovered.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Where the recovery of the costs of abatement and/or assessment of an administrative fee is authorized under this chapter, the Enforcement Official shall provide the responsible person with a written notice assessing the costs and/or fee. The written assessment shall be served in accordance with Section 9.02.120 and shall contain the following information:

(1) The amount of the administrative costs and/or fee charged;

(2) The case number;

(3) A deadline by which the administrative costs and/or fee must be paid;

(4) The violation giving rise to the administrative costs and/or fee; and

(5) The property by assessor's parcel number and street number or other description sufficient to enable identification of the property.

B. An administrative fee may be assessed as part of any administrative enforcement action as provided for in this chapter and is in addition to any fine imposed.

C. An administrative fee collected pursuant to this chapter shall not be duplicated in any other action to recover these identical fees.

D. The failure of any responsible person to receive notification under this section of the administrative costs and/o shall not affect the validity of any costs or fees imposed under this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Fines or fees incurred in connection with code enforcement activities may be recovered through the billing process. Those fines or fees billed shall be paid within 30 days after the date of the imposition of the fine or billing, whichever is earlier. Any fines or fees not paid within such 30-day period shall be subject to a late fee in the amount of ten percent of the established fine or fee. The total fine or fee plus late fee as described herein shall accrue interest at a rate established by a resolution of the Board. Any fine or fee which remains unpaid 90 days after the due date may be referred to the County Revenue Recovery for collection purposes and will be subject to additional fees to cover the cost of collection.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Whenever a notice is required to be given under this chapter and unless specifically provided otherwise, it shall be served by any one of the following:

(1) Personal service to the owner, responsible person if different than the owner, or anyone known by Code Enforcement to be in possession of the parcel;

(2) Certified mail, postage prepaid, return requested to the owner, responsible person if different than the owner, or anyone known by Code Enforcement to be in possession of the parcel. Simultaneously, the same notice shall be sent by regular mail. If a notice that is sent certified mail is returned unsigned, service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or

(3) Posting the notice conspicuously on or in front of the property, business, or other place reasonably anticipated to provide notice to the responsible person of a violation of this Code.

B. Service of a notice by any of the methods in Subsection A of this section shall be effective on the date of mailing or posting, as applicable.

C. Any notice served under this section shall describe the property by assessor's parcel number and street number or other description sufficient to enable identification of the property.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Whenever a violation is discovered and confirmed by County staff, the Enforcement Official may issue a notice and order to notify the responsible person of the violation and to order that the violation be corrected. If the violation is related to a permit, license, or other County approval of a project, the notice and order may be accompanied by a stop work order which orders the responsible person to immediately stop any and all work on the project that is subject to a permit, license, or approval until the violation is corrected and/or the required permit is issued. The notice and order shall include the following information:

(a) The name and address of the responsible person in violation. If the notice and order results from events occurring on property or from the status of or condition of property, the notice shall also contain the address of the property;

(b) A statement of the provisions of the Code that have been violated and the date and the location of the violation;

(c) Where appropriate, the action required to correct/abate the violation, which may include, without limitation, corrections, repairs, demolition, removal, obtaining necessary permits, or other appropriate actions; a deadline by which the violation must be corrected, and the consequences of failing to comply.

(d) A statement that each day that the responsible person does not correct or abate the condition after the date specified in the notice and order shall constitute a separate violation subjecting the responsible person to the fines set forth in this chapter or greater fines in a different chapter;

(e) The amount of the administrative fine imposed for the violation;

(f) A statement that the responsible person in violation may request an administrative hearing under this chapter on the notice an order and imposition of the administrative fine within 20 calendar days of the date the notice and order is served;

(g) A statement that any person appealing a notice and order shall deposit the refundable hearing fee unless a waiver is requested and granted under Section 9.02.380. A statement that any hearing fee which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the notice and order was not responsible for the violation or that there was no violation as charged in the notice and order;

(h) A statement that if the responsible person fails to request an administrative hearing on the notice and order, that the orders and any accompanying fine shall be final. Failure to request a hearing will be deemed an admission of the violation(s) in the notice and order and a failure to exhaust administrative remedies in any subsequent action to challenge any decision or action under this chapter;

(i) A statement that the responsible person must notify Code Enforcement in writing once compliance has occurred and that the violation will be deemed on-going unless and until written notice is received; written notice may be in the form of a letter mailed or delivered to Code Enforcement or an email to Code Enforcement at the email address identified in the citation; and

(j) A statement that enforcement under this chapter does not preclude the County, state, or federal government from pursuing any other criminal, administrative, or judicial remedy to abate or address the violation, conduct, or condition.

(k) Abatement time suspended for administrative hearing. If a responsible person requests an administrative hearing within the required time period set forth in this chapter, the date specified in the notice and order by which the owner must abate the condition is suspended for the period during which the owner requests a hearing and receives a decision. Nothing in this section prohibits the County form pursuing summary abatement when deemed appropriate.

(l) A statement that the failure to timely request a hearing (procedure set forth in Section 9.02.390) will be deemed an admission of the violation(s) in the notice to correct and a failure to exhaust administrative remedies in any subsequent action to challenge any decision or action under this chapter;

(m) A statement that the notice to correct may be recorded at the County Recorder's Office if the violation is not abated by the noted deadline;

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Editor's note— Ord. No. 5174, § 1, adopted Mar. 21, 2023, amended the title of § 9.02.130 to read as herein set out. The former § 9.02.130 title pertained to notice to correct; procedures.

The Board finds that there is a need to give notice of pending enforcement actions to persons who may subsequently acquire property subject to a violation. A seller is required to notify a buyer. Another method to accomplish this is through the issuance and recording of a notice and order.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Editor's note— Ord. No. 5174, § 1, adopted Mar. 21, 2023, amended the title of § 9.02.140 to read as herein set out. The former § 9.02.140 title pertained to recording notice to correct; purpose.

A. Once an Enforcement Official has issued a notice and order to a responsible person and the property remains in violation after the deadline established in the notice and order, the Enforcement Official may record such notice with the County Recorder's Office.

B. Any costs associated with recording the notice and order will constitute administrative costs of abatement subject to collection under this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Editor's note— Ord. No. 5174, § 1, adopted Mar. 21, 2023, amended the title of § 9.02.150 to read as herein set out. The former § 9.02.150 title pertained to procedures for recording notice to correct.

A copy of the recorded notice and order shall be served on the responsible person and all owners of record as set forth in this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Editor's note— Ord. No. 5174, § 1, adopted Mar. 21, 2023, amended the title of § 9.02.160 to read as herein set out. The former § 9.02.160 title pertained to service of notice to correct.

A. When a notice and order has been recorded and the violation listed on the notice has been corrected, the responsible person may submit a written request to the Enforcement Official for a notice of compliance.

B. Within a reasonable time of receiving a request for a notice of compliance, the Enforcement Official shall confirm that the violation has been corrected or abated, which confirmation may include the re-inspection of the property. The Enforcement Official shall provide a notice of compliance to the responsible person if the Enforcement Official determines that:

(1) All violations listed in the recorded notice and order have been corrected;

(2) All necessary permits have been issued and finalized; and

(3) All administrative fines and fees have been paid.

C. The Enforcement Official shall record or cause to be recorded the notice of compliance with the County Recorder's office. The recording of the notice of compliance shall have the effect of canceling the recorded notice and order.

D. If the Enforcement Official denies a request to issue a notice of compliance, the Enforcement Official shall serve the responsible person with a written explanation setting forth the reasons for the denial and notice of the opportunity to appeal the denial by requesting a hearing under this chapter. The written explanation shall be served pursuant to Section 9.02.120.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

The County may impose administrative fines and/or fees for any of the acts or omissions set forth in this chapter. Administrative fines and/or fees shall be imposed, enforced, collected, and reviewed in compliance with the provisions of this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Editor's note— Ord. No. 5174, § 1, adopted Mar. 21, 2023, amended the title of § 9.02.180 to read as herein set out. The former § 9.02.180 title pertained to administrative citations and fines; authority.

Editor's note— Ord. No. 5174, § 1, adopted Mar. 21, 2023, repealed §§ 9.02.190 and 9.02.200, which pertained to Administrative citations; procedures and contents of administrative citation, and derived from Ord. No. 5067, § 1, adopted Nov. 7, 2017.

A. If the responsible person fails to correct the violation, a subsequent notice and order may be issued for the same violation. The amount of the fine shall increase in accordance with the schedule in Subsection B of this section.

B. Unless provided otherwise in a different chapter enforceable pursuant to this chapter, the fines assessed for each notice and order issued for the same violation shall be as follows:

(1) First violation: $100.00.

(2) Second violation: $250.00.

(3) Third or subsequent violation: $500.00.

C. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the County.

D. All fines shall be payable to the Community Development Services unless otherwise directed on the citation.

E. For all delinquent unpaid administrative fines, there shall be a penalty imposed in accordance with the provisions of this chapter. The delinquency date for an administrative fine shall be 30 days following the imposition of the fine or the administrative determination of the hearing officer, whichever is later.

F. The right to and procedures for requesting an administrative hearing are detailed in Section 9.02.390.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Editor's note— Ord. No. 5174, § 1, adopted Mar. 21, 2023, amended the title of § 9.02.210 to read as herein set out. The former § 9.02.210 title pertained to fines for administrative citations.

Any amount owed under this chapter shall bear interest at a rate established by a resolution of the Board from the date such payment was due until paid in full. The County may take any of the following actions to collect money owed under this chapter:

A. For any fine or penalty:

(1) Liens. To the fullest extent allowed by law and after notice and a hearing before the Board, the amount of the unpaid sanction plus interest and a reasonable administrative fee established by the Board from time to time to cover the cost of collection may be declared a lien on any real property owned by the responsible party within the County.

(a) Notice shall be given to the responsible party prior to the recordation of the lien and shall be served as required by this chapter.

(b) The lien shall attach when the Chief Administrative Officer or his or her designee records a lien listing delinquent unpaid sanctions with the County Recorder's Office. The lien shall specify the amount of the lien, the date of the Code violation, the date of the final administrative decision, the street address, legal description, and parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner.

(c) In the event that the lien is satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Subsection (A)(1)(b) of this section shall be recorded by the County Recorder.

(2) Any other administrative or judicial remedy available for the collection of unpaid sanctions.

B. For costs of abatement and related administrative fees and costs:

(1) Special Assessment pursuant to Government Code §§ 38773.5 and 25845 declared against the parcel of land on which the nuisance is maintained provided that one or more owners of that parcel created, caused, committed, or maintained the nuisance giving rise to the violation. After providing notice pursuant to § 38773.5(c), the Chief Administrative Officer or his or her designee may present a resolution to the Board to declare a special assessment, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the County Recorder's office. The assessment may then be collected at the same time and in the same manner as ordinary taxes are collected and shall be 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 special assessment.

(2) Nuisance abatement lien pursuant to Government Code § 38773.1. After providing notice pursuant to § 38773.1(b) and hearing before the Board, the Chief Administrative Officer or his or her designee may present a resolution to the Board to declare a nuisance abatement lien and, upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the County Recorder's office.

(3) Any other administrative or judicial remedy available for the collection of unpaid costs of abatement or administrative costs.

C. In addition to any requirements under state law, any notice for a lien for penalties, nuisance abatement lien, or special assessment shall, at a minimum, identify the record owner or possessor of the property, set forth the date upon which the decision of the Hearing Officer if a hearing was requested, describe the real property subject to the lien, set forth the amount of the costs and penalties incurred to date, and, if applicable, the date upon which the abatement was completed. If the abatement has not yet been completed, the notice shall so state and shall also indicate that the lien is a partial lien and that additional abatement costs will be incurred in the future.

D. In any action under this chapter, including any action to collect unpaid fines or abatement costs, whether by administrative proceedings, judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorney's fees incurred. Recovery of attorney's fees under this subsection shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Any person who fails to pay any obligation shall be liable in any action brought by the County for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and time expended by County staff and counsel.

B. Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation.

C. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

The Board finds that it is necessary to establish appropriate procedures for the administrative and summary abatement of Code violations. These sections govern the abatement procedures established in all chapters of the Code unless other procedures are specifically stated to apply. Unless this chapter or any other chapter declares that a violation is deemed to be a nuisance, abatement by the County under this chapter may not proceed unless and until the condition or activity is declared to be a nuisance through a noticed hearing before the Board, a hearing officer under this chapter, or by a court of competent jurisdiction.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Unless they do so with the consent of the owner, Code Enforcement Officials, County staff or contractors shall not enter any property or seize any property absent a valid warrant under California Code of Civil Procedure §§ 1822.50 through 1822.56 authorizing the inspection, search, or seizure or exigent circumstances providing an exception to the warrant requirement.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Any condition caused, maintained, or permitted to exist in violation of any provisions of this Code may be abated by the County pursuant to the procedures set forth herein.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Whenever the Enforcement Official or Hearing Officer determines that public or private property or any portion of public or private property is in violation of any section of this Code, a notice to abate may be issued to the responsible person to abate the violation. If the notice pertains to events occurring on or the status or condition of property the notice shall also be served on all property owners of record. The notice to abate shall include the following information:

(1) The name and address of the responsible person in violation. If the administrative citation results from events occurring on property or from the status of or condition of property, the citation shall also contain the address of the property and the assessor's parcel number;

(2) A statement of the provisions of the Code that have been violated and the date and the location of the violation;

(3) Where appropriate, the action required to correct the violation, which may include, without limitation: corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or occupants, or other appropriate action, and a deadline by which the violation must be corrected;

(4) A description of consequences should the responsible person fail to comply with the terms of the notice, including potential removal and destruction of any property giving rise to the violation;

(5) A statement that the responsible person may request an administrative hearing on the notice to abate in accordance with this chapter and that failure to request a hearing will be deemed an admission of the violation(s) in the notice to abate and a failure to exhaust administrative remedies in any subsequent action to challenge any decision or action under this chapter;

(6) A statement that failure to abate the violation or request a hearing within the time provided for in the notice to abate may result in abatement by the County under this chapter, which may include the removal and destruction of property giving rise to the violation;

(7) A statement that the responsible person must notify Code Enforcement in writing once compliance has occurred and that the violation will be deemed on-going unless and until written notice is received; written notice may be in the form of a letter mailed or delivered to Code Enforcement or an email to Code Enforcement at the email address identified in the notice to abate; and

(8) A statement that enforcement under this chapter does not preclude the County, state, or federal government from pursuing any other criminal, administrative, or judicial remedy to abate or address the violation, conduct, or condition.

B. Abatement time suspended for administrative hearing. If a responsible person requests an administrative hearing within the required time period set forth in this chapter, the date specified in the notice by which the owner must abate the condition is suspended for the period during which the owner requests a hearing and receives a decision.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A notice to abate shall be served on the responsible person in accordance with procedures detailed in Section 9.02.120. The failure of the responsible person to accept the service does not affect the validity of any proceedings taken under this Code.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Once the Enforcement Official has issued a notice and order to abate and the time for compliance has lapsed without abatement being fully completed or appealed through a hearing by the responsible person, the conditions may be abated by County personnel or by a private contractor hired by the County for that purpose, subject to the requirements of this chapter.

B. County personnel or a private contractor can, subject to the requirements of this chapter, enter upon private property in a reasonable manner to abate the conditions as specified in the notice to abate, administrative order, or a court order of abatement.

C. If any personal property is altered or removed as part of the abatement, written notice shall be provided to the responsible person and conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following:

(1) A general description of the personal property altered or removed;

(2) The date and approximate time the personal property was altered or removed;

(3) A statement identifying the grounds for alteration or removal of the personal property;

(4) The address where the personal property will be located, including a telephone number through which a person may receive information;

(5) A statement indicating whether the responsible person may retrieve the property by calling the number provided or whether the responsible person must request a post-removal hearing at which it will be determined whether the property will be returned, unless immediate destruction is necessary to protect health and safety; and

(6) A statement that, if the responsible person does not retrieve or request a post-removal hearing within 95 days of the date of the notice, the property may be discarded pursuant to Chapter 8.86.

D. When the abatement is completed, a report describing the work performed and an itemized accounting of the total abatement and administrative costs shall be prepared by the Enforcement Official. The report shall contain the names and addresses of the responsible person, the name and address of the property owner if different from the responsible person, and a description of the property by assessor's parcel number and street number or other description sufficient to enable identification of the property.

E. All administrative fees and actual costs incurred by the County in abating the violation, including, but not limited to, the costs of any contractor, may be assessed and recovered against the responsible person pursuant to the provisions set forth in this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Whenever the Enforcement Official or Hearing Officer determines that an imminent threat to public health or safety exists that requires immediate correction or elimination, the Enforcement Official may exercise the following powers to summarily abate the hazard or nuisance:

(a) Order the immediate vacation of any tenants and prohibit occupancy until repairs are completed;

(b) Post the premises as unsafe, substandard, or dangerous;

(c) Board, fence, or secure the building or site per County requirements;

(d) Raze and grade that portion of the building or site to prevent further collapse;

(e) Make any minimal emergency repairs as necessary to eliminate any immediate threat to public health or safety;

(f) Remove the hazard or nuisance that constitutes an immediate threat to public health or safety; and/or

(g) Take any other reasonable action deemed by the Enforcement Official as appropriate under the circumstances.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. The Code Enforcement Official shall attempt to make contact through a personal interview, or by telephone, with the owner of the property or the person, if any, occupying or otherwise in real or apparent charge and control thereof. In the event such contact is made, the Code Enforcement Official shall notify such person of the danger involved and require that such condition be immediately removed, repaired, or isolated so as to preclude harm to any person or property. If the Code Enforcement Official is unable to make contact as hereinabove noted, or if the appropriate persons, after notification by the Code Enforcement Official, do not take action within such time as may be specified by such official, then the Code Enforcement Official may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use of County forces or a contractor engaged pursuant to the provisions of this Code.

B. The Code Enforcement Official shall pursue only the minimum level of correction or abatement as necessary to eliminate the imminent hazard. Costs incurred by the County during the summary abatement process, including any contractor costs, shall be assessed, collected, and recovered against the responsible person.

C. The Code Enforcement Official may also pursue any other criminal, administrative, or judicial remedy to abate any remaining violation.

D. If any personal property is altered or removed pursuant to this chapter, written notice shall be provided to the responsible person and conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following:

(1) A general description of the personal property altered or removed;

(2) The date and approximate time the personal property was altered or removed;

(3) A statement identifying the grounds for alteration or removal of the personal property;

(4) The address where the personal property will be located, including a telephone number through which a person may receive information;

(5) A statement indicating whether the responsible person may retrieve the property by calling the number provided or whether the responsible person must request a post-removal hearing at which it will be determined whether the property will be returned, unless immediate destruction is necessary to protect health and safety; and

(6) A statement that, if the responsible person does not retrieve or request a post-removal hearing within 95 days of the notice, the property may be discarded pursuant to Chapter 8.86.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Before recording a code enforcement lien under this chapter, an Enforcement Official shall provide to the responsible person and all owners of record, using the procedures set for service of a code enforcement lien, a notice of intent to record stating that a code enforcement lien will be recorded unless payment of all monies due is paid in full on or before the date listed therein.

B. The recorded code enforcement lien shall include the name of the property owner, the Assessor's parcel number, the street address, the parcels legal description, and a copy of the latest amounts due the County.

C. Any cost associated with recording the code enforcement lien or removal thereof may be assessed against the property as provided for in this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A copy of the recorded code enforcement lien shall be mailed to the responsible person and all property owners of record and/or any other persons who have requested copies of such notices pursuant to the procedures set forth in Section 9.02.120.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Once payment in full is received for the outstanding administrative fines and fees subject to the lien, or the amount is deemed satisfied pursuant to a subsequent administrative order, the Enforcement Official shall, within 15 calendar days from the date payment is made or decision is final, record a notice of satisfaction with the County Recorder's office. The notice of satisfaction shall cancel the code enforcement lien.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

This chapter establishes the procedures for the use of Hearing Officers and the procedures governing administrative hearings for code enforcement actions under this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. The Board may appoint any person to serve as a Hearing Officer deemed to have sufficient knowledge and training regarding the administrative process provided that the person is an attorney at law having been admitted to practice before the courts of this state for at least five years prior to his or her appointment.

B. Any person serving as a Hearing Officer is subject to disqualification for bias, prejudice, conflict of interest, or for other reason for which a judge may be disqualified in a court of law. A Hearing Officer must not have any person interest in the outcome of any administrative action under this chapter or any other provision of the Code.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. The Hearing Officer shall preside over administrative hearings.

B. The Hearing Officer shall have the power to administer oaths and may impose such rules of decorum upon the proceeding as will promote the fair and efficient consideration of matters before the Hearing Officer.

C. The Hearing Officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the Hearing Officer independently determines that due process has not been adequately afforded.

D. The Hearing Officer, upon receipt of a written request which is submitted no later than five business days before the hearing, may issue a subpoena for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.

E. The Hearing Officer has continuing jurisdiction over the subject matter of an administrative hearing for the purpose of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. A hearing to appeal or contest a notice and order shall not be held unless and until a request for hearing completed by appellant on the form prescribed by the County has been submitted together with the required hearing fee. The refundable hearing fee shall be $200.00 payable to El Dorado County to defray the cost of the hearing and may be changed by resolution of the Board. The request shall state the grounds for requesting the hearing and be filed with the Code Enforcement Unit on or before 20 calendar days after service of a notice and order.

B. Any hearing fee which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation or notice to abate was not responsible for the violation or that there was no violation as charged in the notice and order. If the Hearing Officer affirms the violation, the Hearing Officer may impose fines, and administrative fees per Section 9.02.450 equal to the cost of administering the code enforcement case.

C. If a hearing is requested but a person's financial condition prevents payment of the refundable hearing fee, the person may request waiver of the fee and the fee shall be waived if the person provides sufficient evidence of an inability to pay because of one of the reasons enumerated in California Government Code § 68632.

D. The Chief Administrative Officer or his or her designee shall tape record the hearing and provide a copy of the recording to the Hearing Officer following the conclusion of the hearing. The Hearing Officer shall provide the record of the hearing and all photographs and demonstrative and documentary evidence introduced at the time of the hearing to Community Development Services and the records shall be maintained for a period of three years. The Hearing Officer shall preserve any notes from the hearing for a period of three years.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Where the responsible person has made a timely request for an administrative hearing, the Hearing Officer shall schedule a day, time, and place for the hearing. Unless a shorter time is provided elsewhere in the Code, the hearing shall be scheduled for a date no more than 60 calendar days after receipt of the request for hearing unless both parties agree to a later date.

B. Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the responsible person.

C. The notice of hearing shall be served by any of the methods of service listed in this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Administrative hearings are intended to be informal in nature. The Hearing Officer is not bound by formal rules of evidence, and no informality in any proceeding or in the manner of taking testimony will invalidate any decision of the Hearing Officer. The rules of evidence of courts of the state will be followed but may be relaxed at the discretion of the Hearing Officer when deviation from the formal rules of evidence will aid in a determination of the truth. The rules pertaining to discovery do not apply.

B. An objection to the admissibility of evidence may be made by any party of record and the objection will be ruled on by the Hearing Officer. When an objection is made to the admission or exclusion of evidence, the grounds upon which the relief sought must be stated briefly. The Hearing Officer, with or without objection, may exclude inadmissible, incompetent, repetitious, or irrelevant evidence. Any evidence offered at the hearing must be material and relevant to the issues of the hearing.

C. Each party shall have the opportunity to cross examine witnesses and present evidence in support of his or her case.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

The County bears the burden of proof at an administrative hearing to establish the existence of a violation of the Code. The standard of proof is by a preponderance of the evidence.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Any person may appear at any proceeding conducted under this chapter with or without representation by an attorney. No right shall exist for the appointment of counsel.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Any responsible person who requests a hearing or whose actions are the subject of an administrative hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and all objections to the notice or administrative citation, provided that the hearing was properly noticed. Failure to request a hearing or to appear if one is requested shall constitute a failure to exhaust administrative remedies.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. The decision of the Hearing Officer shall be entitled "administrative order."

B. Once all evidence and testimony are completed, the Hearing Officer shall issue an administrative order which affirms, modifies, or rejects the Enforcement Official's action. The administrative order may affirm, modify, or reject the daily rate or duration of the administrative fines depending upon review of the evidence and may increase or decrease the total amount of administrative fines assessed.

C. The Hearing Officer may issue an administrative order that requires the responsible person to cease violating this Code and to make necessary corrections or repairs or to complete any other reasonable act requested by the Enforcement Official, which may be modified by the Hearing Officer, to bring the property into compliance with this Code. The Hearing Officer shall include a specific timeframe to complete the requested act. For a violation of Chapter 130.14, the time to comply and abate the nuisance shall not exceed 72 hours.

D. As part of the administrative order, the Hearing Officer may establish specific deadlines for the payment of administrative fines, fees, and costs and may condition the total or partial assessment of administrative fines on the responsible person's ability to complete compliance by specific deadlines.

E. The Hearing Officer may issue an administrative order which imposes additional administrative fines as set forth in this chapter that will continue to be assessed for each day the violation continues until the responsible person complies with the Hearing Officer's decision and corrects the violation.

F. The Hearing Officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative order.

G. If an administrative order provides for abatement of the violation by the County, it shall state the means of abatement and whether the property shall be destroyed upon removal.

H. The administrative order shall become final on the date of service of the order.

I. The administrative order shall be served on all parties by any one of the methods listed in this chapter.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

If the violation is not abated within the time prescribed in the administrative order, the Board may cause the violation to be abated as provided in this chapter and the cost of abatement, including any unpaid fines and civil penalties (Government Code § 53069.4), shall be charged against the real property upon which the violation has occurred and shall be a recorded lien upon such property and assessed and enforced, pursuant to Government Code § 25845.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Failure to comply with an administrative order constitutes a misdemeanor. A misdemeanor is punishable according to the general penalties described in Chapter 1.24.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. Within 20 calendar days from service of an administrative order after hearing, any party may appeal the order to the superior court.

B. Any party failing to timely file an appeal to the superior court shall be deemed to have waived any and all objections to the administrative order and the order shall become binding and final. Any review of the matter conducted in court shall be de novo.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5170, § 2, 11-8-2022; Ord. No. 5174, § 1, 3-21-2023)

Editor's note— Ord. No. 5170, § 2, adopted Nov. 8, 2022, amended the title of § 9.02.470 to read as herein set out. The former § 9.02.470 title pertained to administrative and judicial review.

Unless otherwise provided by the order of the Hearing Officer or the Board order, the owner or responsible party shall complete all actions necessary to bring the property into compliance with this Code within 30 calendar days of service of any order made by the Hearing Officer or the Board. The Enforcement Official may grant or deny a request for additional time to complete acts required for compliance with this Code that is made by the owner of record or any responsible person who is making reasonable progress in the repair, correction or abatement of violation. The request for and the granting or denial of additional time shall be made in writing.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

When the superior court has entered an order relating to matters governed by this chapter, unless otherwise ordered by the court, jurisdiction relating to the matter shall remain with the superior court. Any extension of time or other relief must be sought, in the first instance, by application to the court for an order allowing an extension of time or any other relief.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

A. The Board shall establish a special revolving fund to be designated as the nuisance abatement, repair, and demolition fund. Fines collected under this chapter are to be deposited into this fund. Payments shall be made out of such fund upon the demand of the Chief Administrative Officer or his or her designee to defray the costs and expenses which may be incurred by the County in doing or causing to be done the necessary work, repair or demolition of dangerous or substandard buildings; removal of violation on any parcel which is determined to be a public nuisance; removing, disposing of, or demolishing any structure which is a public nuisance; and securing any building, property or structure from entry or habitation when it is in a dangerous or unsafe condition. To this end, the Chief Administrative Officer or his or her designee shall cooperate with other County agencies that require funding for removal of a public nuisance that is related to the aforementioned application of this fund, and authorize as appropriate some or all of the necessary funding from the abatement fund to complete the abatement of a public nuisance.

B. The Board may at any time transfer to the repair and demolition fund such sums as it deems necessary in order to expedite the performance of the work as delineated in this section, and the sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the Community Development Services, which shall credit the same to the repair and demolition fund.

(Ord. No. 5067, § 1, 11-7-2017; Ord. No. 5174, § 1, 3-21-2023)

Any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions enumerated in California Health and Safety Code § 17920.3 to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building.

(Ord. No. 5170, § 3, 11-8-2022; Ord. No. 5174, § 1, 3-21-2023)

Pursuant to Community Design Standards, in accordance with the December 15, 2015, Zoning Ordinance Update related to Parking and Loading Standards, Code Enforcement shall ensure the provision and maintenance of safe, adequate, and well-designed off-street parking facilities in conjunction with a use or development in order to protect the public health, safety, and welfare.

(Ord. No. 5170, § 3, 11-8-2022; Ord. No. 5174, § 1, 3-21-2023)

Code Enforcement Officers are explicitly authorized to ensure compliance with the terms upon which such permits were granted and take appropriate administrative actions, as needed.

(Ord. No. 5170, § 3, 11-8-2022; Ord. No. 5174, § 1, 3-21-2023)