Chapter 878.6 — ENFORCEMENT

The purpose of this Chapter is to ensure that enforcement of the provisions of this Zoning Ordinance and any permits and approvals granted by the County shall be diligently pursued in order to provide for their effective administration, to secure compliance with any conditions of approval, to promote the County’s planning efforts, and for the protection of the public health, safety, and welfare of the County.

The following conditions shall apply to all new construction and new uses:

• A. Compliance with zone requirements. All alterations, building, construction, enlargements, or improvements and movements undertaken following the effective date of the Chapter, all new uses or occupancy of premises within the County shall conform with the requirements, character, and conditions as to use, height, and area prescribed for each of these several zones.

• B. Unlawful activities. It shall be unlawful for any person, firm, or corporation to alter, construct, enlarge, erect, establish, move into, or use, or to cause, or permit to be altered, constructed, enlarged, erected, established, moved into, or used, any structures, improvements, or use of premises located in any zone described in this Zoning Ordinance contrary to the provisions of this Chapter.

• C. Certificate of Occupancy required. A Certificate of Occupancy validated as to conformance to zoning requirements shall be obtained from the Department before the new or altered structure may be occupied, provided, however, this requirement shall not apply to any structure where the Building Code exempts the structure from a Building Permit.

• A. Guilty of a misdemeanor. Any person, firm, or corporation, whether principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Zoning Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for a term not to exceed 180 days, or by both the fine and imprisonment, unless otherwise provided.

• B. Separate offense for each and every day. The person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Zoning Ordinance is committed or continued by the person, firm, or corporation and shall be punishable as specified in this Chapter.

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• A. Unlawful activities. Any structure altered, converted, constructed, enlarged, erected, maintained, moved, or set up, contrary to the provisions of this Zoning Ordinance and any use of land, structure, or premises conducted, established, maintained, or operated contrary to the provisions of this Zoning Ordinance shall be and the same is hereby declared to be unlawful.

• B. Civil or criminal proceedings. The provisions of this Chapter may be enforced by a civil action or proceedings or by a criminal proceeding for the abatement and removal and the enjoining thereof in the manner prescribed by law.

• C. Remedies are cumulative. The remedies provided in this Chapter shall be cumulative.

• D. Enforced by the Director. The provisions of this Chapter shall be enforced by the Director.

• A. Summary abatement of zoning violations. Upon making a finding that an immediate threat or danger exists to the public health, safety, or welfare of the occupants or the public, the Director, in consultation with other appropriate governmental officials or agencies, may order a summary abatement of the zoning violation(s).

• B. Director may require immediate action. Upon the finding, the Director may require immediate action on the part of the property owner to abate a zoning violation(s) of this Zoning Ordinance.

• C. Notice. The Director shall make a reasonable attempt to notify the occupant(s) and property owner(s), either by telephone or by personally visiting the property, of the zoning violation(s) that require immediate abatement.

D. Abatement by the County.

1. If the Director finds that an immediate threat to public health, safety, or welfare exists, and that it is unhealthy or hazardous to delay abatement action, the Director may order County staff, contractors, or designated agents to abate the condition.

2. Abatement may include, but is not limited to, the cleanup and disposal of rubbish or other materials which threaten public health or the maintenance standards of County Ordinance Code Section 850.B.6 (Property Maintenance Standards).

E. Abatement costs.

1. The property owner or occupant shall be liable for all costs associated with this abatement, including but not limited to administrative, labor, material, and other costs

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incurred in the physical abatement, in addition to the costs recoverable under Sections 1032 and 1033.5 of the Code of Civil Procedure, or any other provision of law.

2. All costs incurred as described in this Section shall be recovered from the property owner or occupant in compliance with the procedures beginning with Subsection 878.6.050 E. (Sale of materials obtained in abatement of zoning violation), below.

Conditions violating any provision of this Zoning Ordinance may be abated in compliance with the following procedures, which is in addition to, or in lieu of, the other enforcement procedures specified within this Chapter.

A. Notice of Abatement.

1. Upon making a reasonable determination that violations of this Zoning Ordinance exists, the Director shall notify the occupant(s), the property owner(s), any mortgagee(s) of record and beneficiaries under any deed of trust relating to the property of record, and any lessee(s) and other estate holder(s) of record, that zoning violation(s) exists upon the persons’ property.

2. This Notice of Abatement and Order shall be by means of certified or registered mail return receipt requested and a copy shall be posted on the subject property.

3. The Notice of Abatement and Order shall be sent to the property owner(s) as the owner(s)’ name(s) appear on the last equalized assessment roll.

4. If the address of any person is unknown to the Director, then a copy shall be published in a newspaper of general circulation at least once in compliance with Government Code Section 6061.

5. Contents of Notice of Abatement and Order.

   • a. The Notice of Abatement and Order shall describe the condition which constitutes the violation of this Zoning Ordinance;

   • b. The Notice of Abatement and Order shall order that the conditions constituting the zoning violation(s) be abated by demolition, securing, removal, cleanup, repair or other means within a reasonable time as determined by the Director, however not to exceed 30 days from the date the notice is mailed;

   • c. The Notice of Abatement and Order shall contain instructions to the property owner, tenant, lessee, and occupant describing procedures for scheduling a hearing for the purpose of presenting information as to why the property should not be considered a violation of this Chapter, or why the noticed person believes he or she is not responsible for the violation;

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  - d. The Notice of Abatement and Order shall state that if the abatement efforts described therein are not completed within the number of days specified, or a hearing has not been requested in compliance with Subsection B. (Hearing and determination; extensions), below, or a time extension has not been granted to complete the abatement, the County may abate the nuisance without further notification and the owner may be responsible for all costs associated with the investigation and abatement of the violations of this zoning ordinance as specified in Subsection 878.6.040 E. (Abatement costs), above; 

  - e. The Notice of Abatement and Order shall state that if the owner fails to request a hearing, all rights to appeal any action by the County to abate the violation(s) of this Zoning Ordinance are waived; and

• f. The contents of Notice of Abatement and Order shall also include a statement that Civil Code Section 1942.5 prohibits retaliatory action by a lessor against a lessee regarding the tenantability of a structure.

  6. The Department shall also record a Notice of Pendency of Action for properties for which administrative abatement action is taken.

• B. Hearing and determination; extensions. At the time fixed in the Notice of Hearing on Abatement, the Board or the person(s) designated Hearing Officer(s) shall proceed to hear testimony from any interested person(s) regarding the specified condition deemed by the Director to be a violation of this Zoning Ordinance, the estimated cost of its removal or other remedial work, and any other matter which the Board or the Hearing Officer may deem pertinent thereto. The Board or the Hearing Officer may adjourn or continue the hearing from time to time.

  1. Determination after hearing. Upon the conclusion of the hearing, the Board or the Hearing Officer shall adopt appropriate findings and make a determination based on the evidence presented at the hearing. In the event that the hearing body determines the condition(s) is a violation of this Zoning Ordinance, it may direct the property owner(s), or occupant(s) or both, to abate the same within 30 days after posting and mailing a Notice of Determination and Order of Abatement.

  - **a. Notice by posting.** After the determination of the hearing body directing the abatement of zoning violation(s), the Director shall conspicuously post a copy of the Notice of Determination and Order of Abatement on the property and shall mail a copy to the occupants(s) and to the owner(s) of the property as well as to the mortgagee(s) of record and trust deed beneficiaries of record, and any other person(s), if any, determined by the Board to be a responsible party. 
  
  - **b. Notice to property owner(s).** Notice to the property owner(s) shall be deemed complete upon mailing the Notice of Determination and Order of Abatement as the owner’(s) name(s) appear on the last equalized assessment roll.
  

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2. Continuation of the hearing. The Board or the Hearing Officer may grant reasonable extensions of time to abate the zoning violation(s) upon good cause shown for the extension.

• C. Failure of property owner(s) or occupant(s) to abate; authority to abate zoning violation(s). If the property owner(s) or occupant(s) fails to abate the zoning violation(s) within the time specified by the Hearing Officer, Board, or the Director, and is not granted a time extension, the Director is authorized to abate the zoning violation(s) described in the Notice of Determination and Order of Abatement and collect abatement expenses in compliance with the procedures beginning with Subsection E. (Sale of materials obtained in abatement of zoning violation), below.

D. Right to appeal decision.

1. Any interested party may appeal the decision of the Hearing Officer to the Board by filing a written notice stating the grounds upon which the party is appealing. The appeal shall be filed with the Director within the 30-day period of notice to abate the zoning violation(s). Requests for appeal shall require the remittance of any applicable fee(s). The appeal shall specify the following:

   • a. A brief statement specifying the applicant’s ownership interest in the subject property where the zoning violation(s) exists, including identification of the property by street address and Assessor’s Parcel Number (APN);

   • b. A brief statement of the material facts which the applicant claims support his or her contention that no zoning violation(s) exist and why abatement expenses should not be imposed as specified in this Section; and

   • c. An address at which the applicant agrees notice of any additional proceedings or an order(s) relating to this abatement or the imposition of the abatement expense may be received by first class mail, postage prepaid.

   2. The filing of an appeal shall stay the effectiveness of the Order of Abatement until the time the case has been decided by the Board, which decision shall be rendered in compliance with the procedure specified in Subparagraph B. 1. (Determination after hearing), above.

   3. Any interested person(s) being aggrieved by the determination and final action(s) of the Hearing Officer or Board regarding the zoning violation abatement proceeding may, within 30 days after the date of notice to the property owner(s) of the decision, bring an action in a court of competent jurisdiction to contest the validity of the proceeding.

• E. Sale of materials obtained in abatement of zoning violation. Any materials obtained from the abatement violations of this Zoning Ordinance may be sold by the County at a

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public sale(s) to the highest responsible bidder after not less than 10 days notice of the intended sale, published at least once in a newspaper of general circulation in the County, either before or after the zoning violation is abated.

1. Abatement Expense Statement – posting. The Director shall cause to be conspicuously posted on the property from which the violation was abated a statement of abatement expenses, verified by the Director, showing the expenses of abatement, together with a notice of the time and place that the statement will be submitted to the Board for approval and confirmation.

2. Notice to owner(s) of abatement expense.

• a. A copy of the Abatement Expense Statement shall be mailed to the property owner(s) in the manner specified in Subsection 878.6.050 A. (Notice of Abatement), above.

• b. The time for submitting the Abatement Expense Statement to the Board for confirmation shall not be less than 10 days following the posting and mailing of the Abatement Expense Statement.

• c. The Abatement Expense Statement shall state the time and place the Board shall consider objections or protests, if any, which may be raised by any person(s) liable to be assessed for the cost of the abatement work, and any other interested person(s).

F. Abatement Expense Statement – hearing.

1. At the time fixed for hearing objections or protests to the Abatement Expense Statement the Board shall consider the Statement together with any objections or protests which may be raised.

2. The Board may make any revision, correction, or modification in the Statement as it may deem just.

3. The Board’s decision(s) on the Statement, protests, and objections shall be final and conclusive.

4. The Board may adjourn or continue the hearing from time to time.

5. Notice of the Board’s decision shall be mailed to the owner(s) in compliance with the provisions specified in Subsection 878.6.050 A. (Notice of Abatement), above.

G. Collection of unrecovered costs.

1. In the event that the cost of abating the zoning violation(s) exceeds the proceeds received from the sale of materials, if any, the unrecovered costs, if not paid within 10

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days after the Board’s decision, shall constitute a special assessment on the real property from which the zoning violation(s) was abated.

2. Immediately upon the confirmation of the assessment by the Board, the Director shall execute and file in the office of the County Recorder a Notice of Abatement Lien in the amount no greater than the total cost of abatement appearing in the Abatement Expense Statement earlier approved by the Board. The Notice of Abatement Lien shall be in substantially the following form:

NOTICE OF ABATEMENT LIEN

Pursuant to the authority vested in the Director by the provisions of [ ] of the Zoning Ordinance of the County of Fresno, the Director of the Planning and Resource Management did on or about the day of , 20 , cause the premises on the property hereinafter described to be abated in order to abate a zoning violation(s) on the real property, and the Board of Supervisors of the County of Fresno did on the day of , 20 , assess the cost of the abatement upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the County of Fresno does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of the assessment, to wit; the sum of $ , and the same shall be a lien upon the real property until the sum has been paid in full and discharged of record.

The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the County of Fresno, State of California, and particularly described as follows:

(DESCRIPTION OF PROPERTY)

Dated: This day of , 20

Director of the Department of Public Works and Planning, County of Fresno

3. Upon recordation, the Notice of Abatement Lien shall have the same effect as recordation of an abstract of money judgment. The Notice of Abatement Lien shall have the same priority as a judgment lien recorded against real property and continues in effect until released. Upon the order of the Board, or upon the order of the Director who is authorized to act on behalf of the Board in the releasing or subordination of liens under Subparagraph 2., above, any Abatement Lien created under this Chapter may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

4. The Notice of Abatement Lien after recording shall be delivered to the Auditor of Fresno County, who shall enter the amount thereof on the County assessment book

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opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The Notice of Abatement Lien shall be delivered to the Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization.

5. Thereafter the amount specified in the Abatement 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 to the same procedure for sale in case of delinquency as provided for ordinary County taxes.

6. All laws applicable to the levy, collection, and enforcement of County taxes shall be applicable to the special assessment, except if any real property to which the cost of abatement relates 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 to the real property before the date upon which the first installment of County taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection.

7. From the date of recording the Notice of Abatement Lien, all persons shall be deemed to have notice of the contents of the Notice of Abatement Lien.

H. Refund of excess receipts from sale of materials.

1. In the event that the amounts received from the sale of materials exceed the expenses of removing or otherwise abating the zoning violation(s), the excess shall be deposited with the County Treasurer to the credit of the owner(s) of the property or to the other person(s) legally entitled to the credit.

2. The excess shall be payable to the owner(s) or the other person(s) upon evidence of ownership, satisfactory to the County Treasurer.

I. Refund of erroneous tax levy.

1. The Board may order a refund of all or part of a tax paid in compliance with this Chapter if it finds that all or part of the tax has been erroneously levied.

2. A tax or part thereof shall not be refunded unless a claim is filed with the Clerk to the Board on or before November 1[st] after the tax became due and payable.

3. The claim shall be verified by the person who paid the tax, or his/her guardian, executor or administrator.

• J. Remedies of private parties. The provisions of this Chapter shall in no way affect the right of the owner, lessee or occupant of any of the property to recover all costs and expenses required by this Chapter from any person(s) causing the zoning violation(s).

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Article 7

Definitions