Chapter 1 — PUBLIC NUISANCES ABATEMENT PROCEDURE

Sections:

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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351-1. Authority.

This chapter is enacted pursuant to Government Code Section 25845 and is intended to be the primary procedure for the abatement of any Nuisance within the unincorporated area of Humboldt County. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-2. Purpose and Scope.

Any Nuisance existing on any parcel of land within the unincorporated area of Humboldt County may be abated as provided herein. The procedures for Abatement of public Nuisances set forth in this chapter shall not be exclusive,

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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but shall be cumulative to all other civil and criminal remedies provided by law. Nothing in this chapter shall prevent the County of Humboldt from seeking other remedies to correct or abate conditions that constitute public Nuisances, either in lieu of, or in addition to the Abatement procedures set forth herein. (Ord. 601, § 1, 6/6/1967; Ord. 2457, § 1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-3. Definition of Nuisance.

A Nuisance is hereby defined to be:

(a) Any condition declared by any statute of the State of California or ordinance of the County of Humboldt to be a nuisance. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) Any condition, act or failure to act constituting a public nuisance known at common law or equity. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(c) Any condition, act or failure to act which is dangerous to human life or unsafe or detrimental to the public health or safety. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(d) Any attractive condition which may prove dangerous or detrimental to the public health or safety. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017; Ord. 2576, § 4, 6/27/2017)

(e) Any unlawful obstruction of, or encroachment upon, any public Property, including, but not limited to, any public street, highway or right-of-way, park or building. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(f) Any use of buildings or Property that is contrary to the provisions of the ordinances of the County of Humboldt. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-4. Other Definitions.

(a) Abatement. The removal of the condition or conditions, including the correction of any and all violations of local, State and Federal law, identified in the Notice to Abate Nuisance to an extent that, at the sole discretion of the Code Enforcement Unit, a public Nuisance no longer exists on the affected Property. (Ord. 2576, § 4, 6/27/ 2017)

(b) Abatement Costs. Any and all costs reasonably related to the Abatement of the Nuisance, including, but not limited to, enforcement, investigation and any other costs directly associated with the removal and/or correction of the condition or conditions determined to constitute a Nuisance on the affected Property. (Ord. 2457, §1, 8/23/ 2011; Ord. 2576, § 4, 6/27/2017)

(c) Administrative Costs. Any and all costs related to staff time expended in the performance of enforcement activities authorized under this chapter, including, but not necessarily limited to: conducting site inspections and investigations; preparing summaries, reports and notices; attending meetings and hearings; and any and all other communications, correspondence and document preparation related to enforcing the provisions of this chapter.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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The hourly rate established for staff time shall be set by the Humboldt County Board of Supervisors and revised from time to time. (Ord. 2457, § 1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(d) Appellant. Any Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property that files an appeal of the Code Enforcement Unit’s determination that a continuing Nuisance exists on the Property subject to the Notice to Abate Nuisance. (Ord. 2576, § 4, 6/27/2017)

(e) Attorney’s Fees. Any and all legal fees incurred by the prevailing party in any administrative proceeding to abate a Nuisance. Recovery of Attorneys’ Fees by the prevailing party is limited to those administrative proceedings in which the County of Humboldt elects, at the initiation of that individual proceeding, to seek recovery of its own legal fees. In no administrative proceeding shall an award of Attorneys’ Fees to a prevailing party exceed the amount of reasonable legal fees incurred by the County of Humboldt in the administrative proceeding. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(f) Beneficial Owner. Any mortgagee of record, beneficiary under a recorded deed of trust or the owner or holder of any lease of record; provided, however, that the United States, the State of California and the County of Humboldt shall not be deemed to be Beneficial Owners by virtue of any lien for unpaid taxes. (Ord. 601, §3, 6/6/ 1967; Ord. 2576, § 4, 6/27/2017)

(g) Code Enforcement Investigator. Any and all code enforcement officers assigned by the Humboldt County Code Enforcement Unit to investigate Nuisances within the unincorporated areas of Humboldt County. (Ord. 2576, § 4, 6/27/2017)

(h) Code Enforcement Unit. The Humboldt County Code Enforcement Unit, including any and all Code Enforcement Investigators employed thereby. (Ord. 2576, § 4, 6/27/2017)

(i) Costs. Any and all costs and/or Attorney’s Fees incurred during the performance of the enforcement activities authorized under this chapter. (Ord. 2576, § 4, 6/27/2017)

(j) Occupier. Any person occupying or otherwise in real or apparent charge and control of the affected Property. (Ord. 2576, § 4, 6/27/2017)

(k) Owner. The owner of record of the affected Property whose name and address appears on the last equalized secured property tax assessment roll, or in the case of any public entity, the representative thereof. (Ord. 2576, § 4, 6/27/2017)

(l) Premises. Any lot or parcel of land upon which a building is situated, including any improved or unimproved portion thereof, and adjacent streets, sidewalks, parkways and parking areas. (Ord. 2576, § 4, 6/27/2017)

(m) Personal Property. Articles of personal or household use or ornament, including, but not limited to, furniture, furnishings, automobiles and boats, as well as precious metals in any tangible form, such as bullion or coins. As used herein the term “Personal Property” does not include intangible property such as evidence of indebtedness, bank accounts and other monetary deposits, documents of title or securities. (Ord. 2576, § 4, 6/27/2017)

(n) Property. Any Premises and/or Real Property located within the unincorporated area of Humboldt County. (Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(o) Real Property. Any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement. (Ord. 2576, § 4, 6/27/2017)

351-5. Summary Abatement.

The Code Enforcement Unit shall have the authority to immediately abate any public Nuisance, which presents an immediate threat to public health or safety, at the sole discretion of the Code Enforcement Unit. Any such Abatement activity may be conducted without observance of the notice requirements described in this chapter. If a public Nuisance is summarily abated, the Code Enforcement Unit shall keep and account of the Costs incurred as a result thereof, including any and all applicable Abatement Costs, Administrative Costs and Attorney’s Fees. Upon completion of the Summary Abatement process the Code Enforcement Unit shall schedule a hearing to recover such Costs as set forth in this chapter. (Ord. 2457, §2, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-6. Method of Giving Notice.

(a) Any and all notices, findings and orders required by this chapter may be served by any of the following methods:

(1) By personal service on each Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property.

(2) By first class and certified mail, postage prepaid, return receipt requested, to each Owner, Beneficial Owner, Occupier or any other person in charge or control of the Property, at the address shown on the last available equalized secured property tax assessment roll, or as otherwise known by the Code Enforcement Unit, and by posting in a prominent and conspicuous place on the affected Property or abutting public rightof-way; however, if access is denied because a common entrance to the Property is restricted by a locked gate or similar impediment, the Property may be posted at that locked gate or similar impediment. Service by certified mail and posting shall be deemed complete on the date that a notice, finding or order has been both mailed and posted as set forth herein.

(3) Publication of a legal advertisement, at least once a week for the period of two (2) weeks, in a newspaper of general circulation in the County of Humboldt.

(b) The failure of the Code Enforcement Unit to serve, or attempt to serve, any notice, finding or order on any person required herein shall not invalidate any proceedings set forth in this chapter as to any other person duly served. If no address is known, or can be identified, by the Code Enforcement Unit, any and all notices, findings and orders required by this chapter shall be so mailed to such person at the address of the affected Property. The failure of the Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property to accept, or otherwise receive, any notice, finding or order required by this chapter shall not affect the validity of any proceeding initiated hereunder.

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(c) The Code Enforcement Unit shall cause a copy of the Notice to Abate Nuisance to be recorded in the office of the County Recorder of Humboldt County no sooner than ten (10) calendar days after service of said Notice to Abate Nuisance. (Ord. 2457, § 1, 8/23/2011; Ord. 2576, § 4, 6/27/2017; Ord. 2585, § 5, 11/7/2017; Ord. 2646, § 1, 7/ 28/2020)

351-7. Issuance of Notice to Abate Nuisance by Code Enforcement Unit.

Whenever the Code Enforcement Unit determines that a public Nuisance exists on any Property within the unincorporated area of Humboldt County, the Code Enforcement Unit shall prepare, and serve upon each Owner, Beneficial Owner, Occupier and/or any other person in charge or control of the affected Property, a “Notice to Abate Nuisance” as set forth in this chapter. The Notice to Abate Nuisance may be combined with a Notice of Violation and Proposed Administrative Civil Penalty issued pursuant to the provisions of this division. (Ord. 601, §5, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-8. Contents of Notice to Abate Nuisance.

The Notice to Abate Nuisance shall contain all of the following:

(a) The name and last known address of each Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) A street address, legal description or other description sufficient to identify the affected Property. (Ord. 601, §6, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(c) A description of the condition or conditions causing the Nuisance on the affected Property and any and all corrective actions, as determined by the Code Enforcement Unit, that will be required to correct or abate such condition or conditions. (Ord. 601, §6, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(d) An order to commence the correction or Abatement of the condition or conditions causing the Nuisance within ten (10) calendar days after service of the Notice to Abate Nuisance, and to thereafter diligently prosecute and complete said correction or Abatement. (Ord. 601, §6, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(e) A statement that if the Code Enforcement Unit determines that the condition or conditions causing the Nuisance is imminently dangerous to human life or limb or is detrimental to the public health or safety, the Code Enforcement Unit may order that the affected building or structure be vacated pending the correction or Abatement of the condition or conditions causing the Nuisance. (Ord. 601, §6, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(f) A statement that the Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property may not retaliate against a lessee of the affected Property pursuant to Section 1942.5 of the California Civil Code. (Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(g) A statement that the Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property may file with the Code Enforcement Unit an appeal of the determination that a Nuisance exists on the affected Property within ten (10) calendar days after service of the Notice to Abate Nuisance. (Ord. 2576, § 4, 6/27/2017)

(h) A statement that an appeal of the Code Enforcement Unit’s determination that a Nuisance exists on the affected Property must be in writing and shall clearly identify the Property subject to the Notice to Abate Nuisance. (Ord. 2576, § 4, 6/27/2017)

(i) A statement that, upon receipt of an appeal of the determination that a Nuisance exists on the affected Property, the Code Enforcement Unit shall set the matter for hearing before a hearing officer appointed by the Humboldt County Board of Supervisors pursuant to Government Code Section 27720 and issue a Notice of Code Enforcement Appeal Hearing as set forth in this chapter. (Ord. 2576, § 4, 06/27/2017)

(j) A statement that the date of the Code Enforcement Appeal Hearing shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Code Enforcement Appeal Hearing is served on the Appellant. (Ord. 601, §9, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(k) A statement that, if the required Abatement is not commenced, prosecuted and completed within ten (10) calendar days after service of the Notice to Abate Nuisance, or in case of an appeal, the time limits set forth in the Finding of Nuisance and Order of Abatement, the Code Enforcement Unit may correct or abate the condition or conditions causing the Nuisance on the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(l) A statement that the Costs of the required Abatement may become a charge against the affected Property and made a special assessment against the Property, and that said special assessment may be collected at the same time and in the same manner, and shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency, as is provided for ordinary property taxes. (Ord. 2457, §1, 8/23/ 2011; Ord. 2576, § 4, 6/27/2017)

(m) A statement that the Costs of the required Abatement may also become a charge against the affected Property which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310 , et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110 , et seq. (Ord. 2576, § 4, 6/27/2017)

(n) A statement that any Personal Property collected by the Code Enforcement Unit during the correction or Abatement of the condition or conditions causing the Nuisance on the affected Property may be sold in the same manner as surplus Personal Property of the County of Humboldt, and the proceeds from such sale shall be paid into the revolving fund created pursuant to the provisions of this chapter. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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351-9. Issuance of Notice of Code Enforcement Appeal Hearing by Code Enforcement Unit.

Upon receipt of an appeal of the determination that a Nuisance exists on the affected Property, filed by any Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property upon whom a Notice to Abate Nuisance was served, the Code Enforcement Unit shall set the matter for hearing before the Hearing Officer, and serve a “Notice of Code Enforcement Appeal Hearing” upon each Appellant as set forth in this chapter. The Notice of Code Enforcement Appeal Hearing may be combined with a Notice of Administrative Civil Penalty Appeal Hearing issued pursuant to the provisions of this division. (Ord. 2576, § 4, 6/27/2017)

351-10. Contents of Notice of Code Enforcement Appeal Hearing.

The Notice of Code Enforcement Appeal Hearing shall contain all of the following:

(a) The name and last known address of each Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) A street address, legal description or other description sufficient to identify the affected Property. (Ord. 601, §6, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(c) A statement that at the time and place specified therein, which shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Code Enforcement Appeal Hearing is served on the Appellant, the Hearing Officer shall hear testimony and consider evidence concerning the condition or conditions causing the Nuisance on the affected Property, the estimated cost of Abatement and any other matters the Hearing Officer deems pertinent. (Ord. 601, §§9-10, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(d) A statement that the Appellant may be represented by legal counsel and present testimony and crossexamine the Code Enforcement Investigator and other witnesses at the Code Enforcement Appeal Hearing. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(e) A statement that the Hearing Officer may take official notice of any fact which may be judicially noticed by the courts of the State of California, either before or after the conclusion of the Code Enforcement Appeal Hearing. (Ord. 2576, § 4, 6/27/2017)

(f) A statement that the Hearing Officer shall have the authority to issue subpoenas for orders to appear and produce documents at the Code Enforcement Appeal Hearing upon the showing of reasonable necessity by the requesting party. (Ord. 2576, § 4, 6/27/2017)

(g) A statement that the Code Enforcement Appeal Hearing shall be subject to the requirements set forth in Government Code Section 11513, as may be amended from time to time. (Ord. 2576, § 4, 6/27/2017)

(h) A statement that the Code Enforcement Appeal Hearing shall be recorded (i.e., audio, video and/or stenographic) in order to maintain a record of the proceedings. (Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(i) A statement that the costs associated with transcribing a recording of the Code Enforcement Appeal Hearing shall be borne by the party or parties requesting such transcription. (Ord. 2576, § 4, 6/27/2017)

(j) A statement that the Hearing Officer may, upon the request of the Appellant or the Code Enforcement Unit, or upon the Hearing Officer’s own motion, continue the Code Enforcement Appeal Hearing for good cause shown. (Ord. 2576, § 4, 6/27/2017)

(k) A statement that, upon the conclusion of the Code Enforcement Appeal Hearing, the Hearing Officer may terminate the Abatement proceedings, or order the Appellant to correct or abate the conditions or conditions causing the Nuisance on the affected Property in accordance with the requirements and time limits set forth in the Finding of Nuisance and Order of Abatement. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(l) A statement that, if the required Abatement is not commenced, prosecuted and completed within the time limits set by the Hearing Officer, the Code Enforcement Unit may correct or abate the condition or conditions causing the Nuisance on the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(m) A statement that the Costs of the required Abatement shall become a charge against the affected Property and made a special assessment against the Property, and that said special assessment may be collected at the same time and in the same manner, and shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency, as is provided for ordinary property taxes. (Ord. 2457, §1, 8/23/ 2011; Ord. 2576, § 4, 6/27/2017)

(n) A statement that the Costs of the required Abatement may also become a charge against the affected Property which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310 , et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110 , et seq. (Ord. 2576, § 4, 6/27/2017)

(o) A statement that any Personal Property collected by the Code Enforcement Unit during the correction or Abatement of the condition or conditions causing the Nuisance on the affected Property may be sold in the same manner as surplus Personal Property of the County of Humboldt is sold, and the proceeds from such sale shall be paid into the revolving fund created pursuant to the provisions of this chapter. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-11. Code Enforcement Appeal Hearings.

At the time and place specified in the Notice of Code Enforcement Appeal Hearing, which shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Code Enforcement Appeal Hearing is served on the Appellant, the Hearing Officer shall hear the sworn testimony of the Code Enforcement Investigator, the Appellant and/or his or her representatives and all other competent persons desiring to give testimony concerning the condition or conditions causing the Nuisance on the affected Property, the estimated cost of Abatement and any other matters the Hearing Officer deems pertinent. The Code Enforcement Appeal Hearing shall be recorded (i.e., audio, video and/or stenographic) in order to maintain a record of the proceedings. The costs associated with transcribing a recording of the Code Enforcement Appeal Hearing shall be borne by the party or parties requesting

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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such transcription. The Code Enforcement Appeal Hearing may be combined with an Administrative Civil Penalty Appeal Hearing held pursuant to the provisions of this division. (Ord. 601, §10, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

351-12. Issuance of Finding of Nuisance and Order of Abatement by the Hearing Officer.

(a) Upon the conclusion of the Code Enforcement Appeal Hearing, the Hearing Officer shall determine whether or not a Nuisance exists on the affected Property. If a Nuisance is found not to exist on the affected Property, the Hearing Officer shall terminate the Abatement proceedings. If a Nuisance is found to exist on the affected Property, the Hearing Officer shall order each Owner, Beneficial Owner, Occupier and/or any other person in charge or control of the affected Property to abate such Nuisance within ten (10) calendar days after service of a “Finding of Nuisance and Order of Abatement,” or such longer period which the Hearing Officer finds reasonable. The time limits set by the Hearing Officer shall not commence until the Finding of Nuisance and Order of Abatement is served upon each Owner, Beneficial Owner, Occupier and/or any other person in charge or control of the affected Property as set forth in this chapter. The Finding of Nuisance and Order of Abatement may be combined with a Finding of Violation and Order Imposing Administrative Civil Penalty issued pursuant to the provisions of this division. (Ord. 601, §11, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) A Finding of Nuisance and Order of Abatement issued by the Hearing Officer shall be final in all respects. Any appeal of the Hearing Officer’s Finding of Nuisance and Order of Abatement shall be governed by California Code of Civil Procedure Section 1094.6, as such section may be amended from time to time. (Ord. 2576, § 4, 6/27/2017)

351-13. Jurisdiction to Abate Nuisance.

(a) Upon expiration of the time limits set forth in the Notice to Abate Nuisance, or in case of an appeal, within ten (10) calendar days after service of the Finding of Nuisance and Order of Abatement or such longer period as may be determined by the Hearing Officer, the Code Enforcement Unit shall acquire jurisdiction to correct or abate the condition or conditions causing the Nuisance on the affected Property. Unless an emergency situation exists, the Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property shall be given at least ten (10) calendar days to correct or abate the condition or conditions causing the Nuisance. (Ord. 601, §12, 6/6/1967; Ord. 2576, § 4, 6/27/2017; Ord. 2585, § 5, 11/7/2017)

(b) The Planning Director, personally or through assistants so designated, is authorized to reduce and/or eliminate Administrative Costs and/or Attorney’s Fees and may enter into compliance agreement with Owner, Beneficial Owner, Occupier or any other person in charge or control of the property which reduce and/or eliminate Administrative Costs and/or Attorney’s Fees in exchange for compliance to correct or otherwise remedy the Violation to preserve the public health, safety, and welfare of the County residents. (Ord. 2585, § 5, 11/7/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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351-14. Revolving Funds.

The Humboldt County Board of Supervisors may create a revolving fund or funds from which the Abatement Costs, Administrative Costs and Attorney’s Fees resulting from the enforcement of this chapter may be paid, and into which the receipts from the collection of such Costs shall be paid. (Ord. 601, §13, 6/6/1967; Ord. 2576, § 4, 6/ 27/2017)

351-15. Sale of Materials.

Any Personal Property collected by the Code Enforcement Unit during the correction or Abatement of the condition or conditions causing the Nuisance on the affected Property may be sold in the same manner as surplus Personal Property of the County of Humboldt is sold, and the proceeds from such sale shall be paid into the revolving fund created pursuant to the provisions of this chapter. (Ord. 601, §15, 6/6/1967; Ord. 2576, § 4, 6/27/ 2017)

351-16. Issuance of Notice of Nuisance Abatement Assessment by Code Enforcement Unit.

Upon completion of the correction or Abatement of a condition or conditions found to constitute a Nuisance, the Code Enforcement Unit may prepare, and serve upon each Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property and the Clerk of the Humboldt County Board of Supervisors, a “Notice of Nuisance Abatement Assessment” as set forth in this chapter. The Notice of Nuisance Abatement Assessment may be combined with a Notice of Administrative Civil Penalty Assessment issued pursuant to the provisions of this division. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-17. Contents of Notice of Assessment.

The Notice of Nuisance Abatement Assessment shall contain all of the following:

(a) The name and last known address of each Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) A street address, legal description or other description sufficient to identify the affected Property. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(c) A description of the actions taken by the Code Enforcement Unit to correct or abate the condition or conditions found to constitute a Nuisance. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/ 2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(d) An itemized account of the Abatement Costs, Administrative Costs and/or Attorney’s Fees associated with the performance of the actions required to correct the condition or conditions found to constitute a Nuisance, as well as, any and all proceeds received from the sale of Personal Property collected by the Code Enforcement Unit during the correction or Abatement of the condition or conditions causing the Nuisance on the affected Property. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(e) The amount of the assessment proposed to be levied against the affected Property in order to recover the Abatement Costs, Administrative Costs and Attorney’s Fees incurred during the performance of the actions required to correct the condition or conditions found to constitute a Nuisance. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(f) A statement that the Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property may file with the Code Enforcement Unit an objection to the proposed assessment within ten (10) calendar days after service of the Notice of Nuisance Abatement Assessment. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(g) A statement that an objection to the proposed assessment must be in writing and shall clearly identify the Property subject to the Notice of Nuisance Abatement Assessment. (Ord. 2576, § 4, 6/27/2017)

(h) A statement that, upon receipt of an objection to the proposed assessment, the Code Enforcement Unit shall set the matter for hearing before the Humboldt County Board of Supervisors, and issue a Notice of Cost Recovery Hearing as set forth in this chapter. (Ord. 2576, § 4, 6/27/2017)

(i) A statement that the date of the Cost Recovery Hearing shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Cost Recovery Hearing is served on the Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(j) A statement that the proposed assessment shall be deemed final and summarily approved by the Humboldt County Board of Supervisors without holding a Cost Recovery Hearing as set forth in this chapter, if an objection to the proposed assessment is not filed within ten (10) calendar days after service of the Notice of Nuisance Abatement Assessment. (Ord. 2576, § 4, 6/27/2017)

(k) A statement that the final assessment, as approved by the Humboldt County Board of Supervisors, may become a charge against the affected Property and may be collected at the same time and in the same manner, and shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency, as is provided for ordinary property taxes. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(l) A statement that the final assessment, as approved by the Humboldt County Board of Supervisors, may also become a charge against the affected Property which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310 , et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110 , et seq. (Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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351-18. Issuance of Notice of Cost Recovery Hearing by Code Enforcement Unit.

Upon receipt of an objection to a proposed assessment, filed by any Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property upon whom a Notice of Nuisance Abatement Assessment was served, the Code Enforcement Unit shall set the matter for hearing before the Humboldt County Board of Supervisors, and serve a “Notice of Cost Recovery Hearing” upon the objecting party or parties as set forth in this chapter. The Notice of Cost Recovery Hearing may be combined with a Notice of Administrative Civil Penalty Assessment Appeal Hearing issued pursuant to the provisions of this division. (Ord. 2576, § 4, 6/27/2017)

351-19. Contents of Notice of Cost Recovery Hearing.

The Notice of Cost Recovery Hearing shall contain all of the following:

(a) The name and last known address of each Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) A street address, legal description or other description sufficient to identify the affected Property. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(c) A statement that at the time and place specified therein, which shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Cost Recovery Hearing is served on the objecting party, the Humboldt County Board of Supervisors shall hear testimony and consider evidence concerning the validity of the proposed assessment and any other matters deemed pertinent. (Ord. 601, §16, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Cost Recovery Hearing is served on the objecting party, the Humboldt County Board of Supervisors shall hear testimony and consider evidence concerning the validity of the proposed assessment and any other matters deemed pertinent. (Ord. 601, §16, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(d) A statement that the Appellant may be represented by legal counsel and present testimony and crossexamine the Code Enforcement Investigator and other witnesses at the Cost Recovery Hearing. (Ord. 2457, §1, 8/ 23/2011; Ord. 2576, § 4, 6/27/2017)

(e) A statement that, upon conclusion of the Cost Recovery Hearing, the Humboldt County Board of Supervisors may confirm, deny or modify and revise the proposed assessment either in whole or in part, and that such action shall be final and conclusive as to all matters pertaining to the proposed assessment. (Ord. 601, §16, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(f) A statement that the final assessment, as approved by the Humboldt County Board of Supervisors, may become a charge against the affected Property and may be collected at the same time and in the same manner, and shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency, as is provided for ordinary property taxes. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(g) A statement that the final assessment, as approved by the Humboldt County Board of Supervisors, may also become a charge against the affected Property which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310 , et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110 , et seq. (Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(h) A statement that the Cost Recovery Hearing shall be recorded (i.e., audio, video and/or stenographic) in order to maintain a record of the proceedings. (Ord. 2585, § 5, 11/7/2017)

351-20. Cost Recovery Hearing.

(a) At the time and place specified in the Notice of Cost Recovery Hearing, which shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Cost Recovery Hearing is served on the objecting party, the Humboldt Board of Supervisors shall hear testimony and consider evidence concerning the validity of the proposed assessment and any other matters deemed pertinent. The Cost Recovery Hearing may be combined with an Administrative Civil Penalty Assessment Appeal Hearing held pursuant to the provisions of this division. (Ord. 601, §16, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

e Humboldt Board of Supervisors shall hear testimony and consider evidence concerning the validity of the proposed assessment and any other matters deemed pertinent. The Cost Recovery Hearing may be combined with an Administrative Civil Penalty Assessment Appeal Hearing held pursuant to the provisions of this division. (Ord. 601, §16, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) Upon conclusion of the Cost Recovery Hearing, the Humboldt County Board of Supervisors will adopt a resolution confirming, discharging, or modifying the proposed assessment either in whole or in part. (Ord. 601, §16, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(c) A resolution of the Humboldt County Board of Supervisors confirming, discharging or modifying a proposed assessment shall be final and conclusive as to all matters pertaining to the proposed assessment. Any appeal of the resolution confirming, discharging or modifying a proposed assessment shall be governed by California Code of Civil Procedure Section 1094.6, as such section may be amended from time to time. (Ord. 601, §16, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

351-21. Summary Approval of Proposed Assessments.

If an objection to the proposed assessment is not filed by any Owner, Beneficial Owner, Occupier or any other person in charge or control of the affected Property within ten (10) calendar days after service of the Notice of Nuisance Abatement Assessment, the Humboldt County Board of Supervisors shall summarily approve the proposed assessment without holding a Cost Recovery Hearing. (Ord. 2576, § 4, 6/27/2017)

351-22. Issuance of Notice of Nuisance Abatement Assessment Lien by Code Enforcement Unit.

Upon confirmation of the proposed assessment by the Humboldt County of Board of Supervisors, the Code Enforcement Unit shall prepare, and serve upon each Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property, a “Notice of Nuisance Abatement Assessment Lien,” as set forth in this chapter. (Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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351-23. Contents of Notice of Nuisance Abatement Assessment Lien.

The Notice of Nuisance Abatement Assessment Lien shall contain all of the following:

(a) The name and last known address of each Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) A street address, legal description or other description sufficient to identify the affected Property. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(c) A description of the proceedings to correct or abate the condition or conditions found to constitute a Nuisance, including, without limitation, the date on which the Abatement was ordered, the date on which the Abatement was completed and the date on which the Nuisance Abatement Assessment was approved by the Humboldt County Board of Supervisors. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(d) A description of the actions taken by the Code Enforcement Unit to correct or abate the condition or conditions found to constitute a Nuisance. (Ord. 2576, § 4, 6/27/2017)

(e) The amount of the Nuisance Abatement Assessment levied against the affected Property in order to recover the Abatement Costs, Administrative Costs and Attorney’s Fees incurred during the performance of the actions required to correct the condition or conditions found to constitute a Nuisance. (Ord. 601, §15, 6/6/1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(f) A claim of lien in the amount of the Nuisance Abatement Assessment levied against the affected Property in order to recover the Abatement Costs, Administrative Costs and Attorney’s Fees incurred during the performance of the actions required to correct the condition or conditions found to constitute a Nuisance. (Ord. 601, §17, 6/6/ 1967; Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(g) A statement that upon the recordation of the Notice of Nuisance Abatement Assessment Lien, which shall be no sooner than forty-five (45) calendar days after service of such notice, the Nuisance Abatement Assessment Lien shall become a charge against the affected Property and may be collected at the same time and in the same manner, and shall be subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency, as is provided for ordinary property taxes. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(h) A statement that the affected Property may be sold by the Humboldt County Treasurer-Tax Collector after three (3) years for unpaid delinquent Nuisance Abatement Assessments. (Ord. 2576, § 4, 6/27/2017)

(i) A statement that the Nuisance Abatement Assessment Lien shall also have the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310 , et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110 , et seq. (Ord. 2576, § 4, 6/27/ 2017)

(j) A statement that the Nuisance Abatement Assessment Lien may be foreclosed, and the Real Property subject to such lien sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction and the issuance of a judgment to foreclose. (Ord. 2576, § 4, 6/27/2017)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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351-24. Imposition of Nuisance Abatement Assessment Lien.

(a) Upon the passage of forty-five (45)calendar days after service of the Notice of Nuisance Abatement Assessment Lien, the Code Enforcement Unit shall cause said Notice of Nuisance Abatement Assessment Lien to be recorded in the Humboldt County Clerk-Recorder’s Office. (Ord. 2457, §1, 8/23/2011; Ord. 2576, § 4, 6/27/2017)

(b) Upon recordation of the Notice of Nuisance Abatement Assessment Lien, which shall be no sooner than fortyfive (45) calendar days after the service of such notice, the Humboldt County Auditor-Controller shall enter each Nuisance Abatement Assessment upon the affected Property on the Humboldt County Secured Tax Roll. The Nuisance Abatement Assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the Imposition date until payment is received. The Nuisance Abatement Assessment may be collected at the same time and in the same manner as ordinary property 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 property taxes. All laws applicable to the levy, collection and enforcement of Humboldt County property taxes shall be applicable to the Nuisance Abatement Assessment. (Ord. 601, §19, 6/6/1967; Ord. 2576, § 4, 6/27/2017)

(c) Once recorded, the Nuisance Abatement Assessment Lien shall also have the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310 , et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110 , et seq. The Nuisance Abatement Assessment Lien shall have no force or effect until recorded by the Humboldt County Clerk-Recorder’s Office. (Ord. 2576, § 4, 6/27/2017)

(d) Interest shall accrue on the principal amount of the Nuisance Abatement Assessment Lien remaining unsatisfied pursuant to the law applicable to civil money judgments. (Ord. 2576, § 4, 6/27/2017)

(e) The Nuisance Abatement Assessment Lien may be foreclosed, and the Real Property subject to such lien sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction and the issuance of a judgment to foreclose. (Ord. 2576, § 4, 6/27/2017)

351-25. Collection of Costs and Attorney’s Fees Prior to Recordation of Notice of Nuisance Abatement Assessment Lien.

The Humboldt County Revenue Recovery Office may accept payment of any amount due at any time prior to the recordation of a Notice of Nuisance Abatement Assessment Lien with the Humboldt County Clerk-Recorder’s Office pursuant to the provisions of this chapter. (Ord. 2576, § 4, 6/27/2017)

351-26. Satisfaction of Nuisance Abatement Assessment Lien.

Once the County receives full payment of the Abatement Costs, Administrative Costs and/or Attorney’s Fees incurred during the performance of the actions required to correct the condition or conditions found to constitute a Nuisance, the code Enforcement Unit will either record a Notice of Satisfaction or provide each Owner, Beneficial

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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Owner, Occupier and any other person in charge or control of the affected Property with a Notice of Satisfaction for recordation at the Humboldt County Clerk-Recorder’s Office. Such notice shall cancel the Nuisance Abatement Assessment Lien. (Ord. 2576, § 4, 6/27/2017)

351-27. Enforcement by Civil Action.

As an alternative to the procedures set forth in this chapter, the County of Humboldt may abate a public Nuisance herein through the prosecution of a civil action by the Humboldt County Counsel’s Office, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings or receivership, prohibiting the maintenance of the Violation of this ordinance or requiring compliance with other terms. (Ord. 2576, § 4, 6/27/2017)

351-28. Treble Damages.

Upon entry of a second or subsequent civil or criminal judgment finding that an Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property is responsible for a condition that may be abated in accordance with this chapter, within a two (2) year period, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the court may order the Owner, Beneficial Owner, Occupier and any other person in charge or control of the affected Property to pay treble damages. (Ord. 2576, § 4, 6/27/2017)

CHAPTER 2

ADMINISTRATIVE CIVIL PENALTIES

Sections:

• § 352-1. Authority.

• § 352-2. Purpose, Intent and Scope.

• § 352-3. Definitions.

• § 352-4. Method of Giving Notice.

• § 352-5. Imposition of Administrative Civil Penalty.

• § 352-6. Amount of Administrative Civil Penalty.

• § 352-7. Issuance of Notice of Violation and Proposed Administrative Civil Penalty by Code Enforcement Unit.

• § 352-8. Contents of Notice of Violation and Proposed Administrative Civil Penalty. § 352-9. Issuance of Notice of Administrative Civil Penalty Appeal Hearing by Code Enforcement Unit.

• § 352-10. Contents of Notice of Administrative Civil Penalty Appeal Hearing.

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• § 352-11. Administrative Civil Penalty Appeal Hearing. § 352-12. Issuance of Finding of Violation and Order Imposing Administrative Civil Penalty by the Hearing Officer.

• § 352-13. Judicial Review of Finding of Violation and Order Imposing Administrative Civil Penalty.

• § 352-14. Jurisdiction to Collect Administrative Civil Penalties.

• § 352-15. Issuance of Notice of Administrative Civil Penalty Assessment by Code Enforcement Unit.

• § 352-16. Contents of Notice of Administrative Civil Penalty Assessment. § 352-17. Issuance of Notice of Administrative Civil Penalty Assessment Appeal Hearing by Code Enforcement Unit.

• § 352-18. Contents of Notice of Administrative Civil Penalty Assessment Appeal Hearing. § 352-19. Administrative Civil Penalty Assessment Appeal Hearing. § 352-20. Summary Approval of Proposed Administrative Civil Penalty Assessments. § 352-21. Issuance of Notice of Administrative Civil Penalty Lien by Code Enforcement Unit. § 352-22. Contents of Notice of Administrative Civil Penalty Lien. § 352-23. Imposition of Administrative Civil Penalty Lien. § 352-24. Collection of Costs and Attorney’s Fees Prior to Recordation of Notice of Administrative Civil Penalty Lien.

• § 352-25. Satisfaction of Administrative Civil Penalty Lien. § 352-26. Enforcement by Civil Action. § 352-27. Treble Damages. § 352-28. Misdemeanor Penalty.

352-1. Authority.

This chapter is enacted pursuant to Government Code Section 53069.4 and is intended to be the primary procedure for the imposition of administrative civil penalties within the unincorporated area of Humboldt County. (Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-2. Purpose, Intent and Scope.

(a) The purpose of this chapter is to provide alternative remedies to correct violations of the Humboldt County Code and other ordinances adopted by the County of Humboldt, and where necessary, penalize responsible parties for such violations. The procedure for the imposition of administrative civil penalties set forth herein shall not be exclusive, but shall be cumulative and in addition to all other civil and criminal remedies provided by law. Nothing in this chapter shall prevent the County of Humboldt from using any other available remedies to address and correct violations, either in lieu of, or in addition to, the imposition of administrative civil penalties pursuant to

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this chapter. The goal of this chapter is to induce compliance with this Code and other law for the protection of the public health, safety and general welfare. Penalties are a means to an end and not a goal in themselves. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(b) The Humboldt County Board of Supervisors hereby finds and determines that enforcement of the Humboldt County Code, other ordinances adopted by the County of Humboldt and conditions on entitlement set forth in permits and/or agreements that have been issued or approved by the County of Humboldt are matters of local concern and serve important public purposes. Under the authority of, and consistent with, Government Code Section 53069.4, the County of Humboldt adopts this administrative civil penalty procedure in order to achieve the following goals: (Ord. 2576, § 5, 06/27/2017)

(1) To protect the public health, safety and welfare of the communities and citizens in the County of Humboldt. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(2) To provide for an administrative process that has objective criteria for the imposition of penalties and provides for a process to appeal the imposition of such administrative civil penalties and for judicial review of final County decisions. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(3) To provide a method to penalize responsible parties who fail or refuse to comply with the provisions of the Humboldt County Code and other ordinances adopted by the County of Humboldt, or conditions on entitlement set forth in permits and/or agreements issued or approved by the County of Humboldt. Vicarious liability is not intended, but those who own and control property are responsible to maintain it in lawful condition even if an unlawful condition is created by others. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/ 2017)

(4) To minimize the expense and delay associated with pursuing alternative remedies through the civil and/ or criminal justice system. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(c) All final administrative orders made pursuant to the administrative civil penalty procedures set forth in this chapter shall be subject to review as provided in Government Code Section 53069.4 and California Code of Civil Procedure Section 1094.6. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-3. Definitions.

(a) Administrative Costs. Any and all costs relating to staff time expended in the performance of enforcement activities authorized under this chapter, including, without limitation, obtaining title reports, recording documents, noticing responsible parties, scheduling and participating in further hearings, collection activities and other such costs.

(b) Administrative Civil Penalty. The amount to be charged to a responsible party for substantiated code enforcement violation(s) under this chapter.

(c) Appellant. Any responsible party that files an appeal of the Code Enforcement Unit’s determination that a violation has occurred or exists.

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(d) Attorney’s Fees. Any and all legal fees incurred by the prevailing party in any administrative proceeding to impose and/or recover administrative civil penalties pursuant to the provisions of this chapter. Recovery of attorney’s fees by the prevailing party is limited to those administrative proceedings in which the County of Humboldt elects, at the initiation of that individual proceeding, to seek recovery of its own legal fees. In no administrative proceeding shall an award of attorney’s fees to a prevailing party exceed the amount of reasonable legal fees incurred by the County of Humboldt in the administrative proceeding.

(e) Beneficial Owner. Any mortgagee of record, beneficiary under a recorded deed of trust or the owner or holder of any lease of record; provided, however, that the United States, the State of California and the County of Humboldt shall not be deemed to be beneficial owners by virtue of any lien for unpaid taxes.

(f) Category 1 Violations. Primarily procedural violations that are committed through neglect or oversight and have a negligible impact on the health, safety, comfort and/or general welfare of the public.

(g) Category 2 Violations. Violations that are committed unintentionally through neglect or oversight and have a significant and/or substantial impact on the health, safety, comfort and/or general welfare of the public.

(h) Category 3 Violations. Violations that are committed intentionally or through inexcusable neglect and have a minimal impact on the health, safety, comfort and/or general welfare of the public.

(i) Category 4 Violations. Violations that are committed intentionally or through inexcusable neglect and have a significant and/or substantial impact on the health, safety, comfort and/or general welfare of the public. Category 4 violations shall include, but not be limited to, the commercial cultivation of cannabis in violation of any applicable local or state laws, regulations, policies, procedures, permits and agreements and any violation of building, health and safety, or zoning requirements that exists as a result of or to facilitate the illegal cultivation of cannabis.

(j) Code Enforcement Investigator. Any and all code enforcement officers assigned by the Humboldt County Code Enforcement Unit to investigate violations pursuant to this chapter.

(k) Code Enforcement Unit. The Humboldt County Code Enforcement Unit, including any and all Code Enforcement Investigators employed thereby.

(l) Completion Date. The date on which a continuing violation is corrected or otherwise remedied as set forth in this chapter.

(m) Costs. The total of any and all administrative costs and/or administrative civil penalties, and attorney’s fees incurred during the performance of the enforcement activities authorized under this chapter. The costs to be charged to a responsible party from a single notice of violation for substantiated code enforcement violation(s) under this chapter shall not exceed one-half the fair market value of the affected property or properties. On an appropriate showing, a hearing officer or a court may relieve a responsible party of some or all costs if necessary to avoid a violation of the Eighth Amendment to the U.S. Constitution or otherwise to do substantial justice.

(n) Imposition Date. The date on which administrative civil penalties start to accrue, pursuant to Section 352-5(a).

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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(o) Owner. The owner of record of the property on which a violation has occurred or exists whose name and address appears on the last equalized secured property tax assessment roll, or, in the case of any public entity, the representative thereof.

(p) Premises. Any lot or parcel of land upon which a building is situated, including any improved or unimproved portion thereof, and adjacent streets, sidewalks, parkways and parking areas.

(q) Personal Property. Articles of personal or household use or ornament, including, but not limited to, furniture, furnishings, automobiles and boats. As used herein the term “personal property” does not include intangible property such as evidence of indebtedness, bank accounts and other monetary deposits, documents of title or securities.

(r) Property. Any premises, personal property and/or real property located within the unincorporated area of Humboldt County.

(s) Real Property. Any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.

(t) Responsible Party. Any owner, beneficial owner, person, business, company or other entity, and the parent or legal guardian of any person under eighteen (18) years of age, who has caused, permitted, or maintained a violation on property that person owns, occupies or controls, or who conducted or otherwise allowed a violation to occur. No vicarious or strict liability is intended by this definition, but a responsible party shall be culpable for a failure to act to correct a violation and for negligent failure to learn of a violation.

(u) Violation. Any act or omission for which an administrative civil penalty may be imposed pursuant to this chapter, including:

(1) Any failure to comply with the provisions of the Humboldt County Code.

(2) Any failure to comply with the provisions of any other uniform codes and/or ordinances adopted by the Humboldt County Board of Supervisors, including, but not limited to, building and zoning ordinances.

(3) Any failure to comply with any lawful order issued by the Humboldt County Board of Supervisors or any other board, commission, department, hearing officer, examiner or official authorized to issue orders by the Humboldt County Board of Supervisors, including, but not limited to, the Humboldt County Planning Commission, the Humboldt County Code Enforcement Unit, the Humboldt County Planning and Building Director, the Humboldt County Health and Human Services Director and the Humboldt County Health Officer.

(4) Any failure to comply with any condition imposed by any entitlement, permit, contract or environmental document issued or approved by the County of Humboldt or the State of California. (Ord. 2138a, § 1, 12/3/ 1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2646, § 2, 7/28/2020; Ord. 2766, § 2, 7/8/2025)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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352-4. Method of Giving Notice.

(a) Any and all notices, findings and orders required by this chapter may be served by any of the following methods:

• (1) By personal service on each responsible party.

(2) By first class and certified mail, postage prepaid, return receipt requested, to each responsible party at the address shown on the last available equalized secured property tax assessment roll for the property on which the violation occurred or exists, or any other address of each responsible party otherwise known by the Code Enforcement Unit, and by posting in a prominent and conspicuous place on the property at which the violation occurred or exists or abutting public right-of-way; however, if access is denied because a common entrance to the property is restricted by a locked gate or similar impediment, the property may be posted at that locked gate or similar impediment. Service by certified mail and posting shall be deemed complete on the date a notice, finding or order has been both mailed and posted as set forth herein. When the notice is mailed and posted on different dates, service shall be deemed complete only upon the later of these dates.

(b) If no address is known, or can be identified, by the Code Enforcement Unit, any and all notices, findings and orders required by this chapter shall be so mailed to such person at the address of the property on which the violation occurred or exists and posted as provided in subsection (a)(2) of this section. If notice is given as required by this section, the failure of any responsible party to accept, or otherwise receive, any notice, finding or order required by this chapter shall not affect the validity of any proceeding initiated hereunder.

(c) The Code Enforcement Unit shall cause a copy of the notice of violation and proposed administrative civil penalty to be recorded in the office of the County Recorder of Humboldt County no sooner than ten (10) calendar days after service of said notice of violation and proposed administrative civil penalty.

(d) The Code Enforcement Unit shall cause a copy of any finding of violation and order imposing administrative civil penalty as issued by a hearing officer pursuant to the administrative hearing process in Section 352-9 to be recorded in the office of the County Recorder of Humboldt County no sooner than ten (10) calendar days after the findings become final pursuant to Section 352-12. Where the violations are found unsubstantiated, dismissed, or otherwise resolved by a settlement of the parties, the Code Enforcement Unit shall record in the office of the County Recorder of Humboldt County documentation of that resolution. (Ord. 2138a, § 1, 12/3/1996; Ord. 2272, 4/ 23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2585, § 6, 11/7/2017; Ord. 2646, § 2, 7/28/2020; Ord. 2766, § 2, 7/8/2025)

352-5. Imposition of Administrative Civil Penalty.

(a) Any and all violations may be subject to an administrative civil penalty of up to ten thousand dollars ($10,000.00), or as allowed by applicable State law, whichever is higher, per calendar day up to and including the ninetieth (90th) calendar day.

(1) Fines shall accrue until the completion date or, as to a responsible party, when it no longer owns or controls the property on which the violation occurred or to which it related.

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(2) Fines shall not start to accrue until ten (10) calendar days after a notice of violation has been finally adjudicated. Final adjudication occurs on the earliest of:

• (A) If the responsible party does not timely appeal a notice of violation and proposed administrative civil penalty pursuant to Section 352-9, the last date that party might have done so.

(B) If the responsible party timely appeals a notice of violation and proposed administrative civil penalty pursuant to Section 352-9, upon service of the Hearing Officer’s finding of violation and order imposing administrative civil penalty, if no request for judicial review of the Hearing Officer’s imposition of the final administrative civil penalty is timely filed with the Humboldt County Superior Court pursuant to Government Code Sections 53069.4(b)(1) through 53069.4(b)(2).

(C) If the responsible party timely requests judicial review of the Hearing Officer’s imposition of the final administrative civil penalty pursuant to Government Code Sections 53069.4(b)(1) through 53069.4(b)(2), unless the Humboldt County Superior Court overturns the administrative decision, upon service of a final, nonappealable judgment in the court action.

• (b)[(1) In the case of a continuing violation, the Code Enforcement Unit or the court shall provide the ] responsible party with a reasonable period of time, not to exceed ten (10) calendar days, to correct or otherwise remedy the violation before imposition of the administrative civil penalty, except in situations in which the violation creates an immediate danger to the health, safety and/or general welfare of the public.

(2) If a responsible party demonstrates that a violation cannot be corrected or otherwise remedied in that time, the Code Enforcement Unit or court shall allow additional time provided the responsible party commences the correction or other remedy within the ten (10) day period and diligently pursues it to completion.

In the case of a continuing violation that is not corrected within this ten (10) day period it shall be incumbent upon the responsible party to contact the Code Enforcement Unit and notify it on the date that the violation is corrected. Fines shall be paused as of the date of notice; however, if the Code Enforcement Unit later determines the violation has not been corrected, fines shall accrue during this period and continue each day thereafter until ended pursuant to Section 352-5(a).

(c) Each calendar day that a violation occurs, continues or exists between the imposition date and the completion date shall constitute a separate violation.

(d) If a violation occurs, continues or exists after ninety (90) calendar days from the imposition date of the initial administrative civil penalty, an additional notice of violation can be served upon the responsible party as set forth in this chapter. If so, administrative civil penalties for future instances of the same violation shall accrue under the last notice of violation and no fines shall continue to accrue under prior notices of violation.

(e) The imposition of administrative civil penalties pursuant to the provisions of this chapter shall be in addition to any and all available criminal, civil, or other legal and/or equitable remedies established by local or State law; no election of remedies shall apply. In addition, the County of Humboldt may withhold issuance of any licenses, permits and other entitlements to a responsible party on any project that is subject to any unpaid administrative

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civil penalties more than ninety (90) calendar days after final adjudication as that term is defined in subsection (a) of this section.

(f) Permit Approval. Provided that the applicant for such permits is not a responsible party as to existing violations on the property that have been finally adjudicated as that term is defined in subsection (a) of this section, the County will separately consider and process pursuant to the County’s zoning, building and safety, and other applicable ordinances permitting requests from the responsible party unrelated to those existing violations. These permits may include, but are not limited to, grading and as-built permitting requests. However, the County need not issue permits that would have the effect of legalizing violation of the Subdivision Map Act under Government Code Section 66499.35(c). This chapter’s authorization of the withholding of permits from a

responsible party who is willfully noncompliant with this Code is an expression of the disentitlement doctrine as expressed in such cases as Moffat v. Moffat (1980) 27 Cal.3d 645, 652.

(g) Unpermitted Buildings Use for Unpermitted Cannabis Operations. A responsible party may also prepare for County review and approval a plan and description of any noncannabis continued use of unpermitted structures that party wishes to retain if the following criteria are met:

(1) The structure or infrastructure is intended for a use permitted by this Code and other applicable law and suitable for such use;

(2) The building is within the curtilage of an existing residence, defined hereunder as within two (2) acres of the residence on the same parcel;

• (3) The structure or infrastructure can be permitted under applicable ordinances and other laws; and

• (4) The structure or infrastructure poses no environmental threat to neighboring properties.

If unpermitted cannabis cultivation is subsequently identified on the property, responsible parties will be subject to administrative civil penalties as described in Section 352-5. Where a structure or infrastructure does not meet these criteria, a responsible party may seek approval through the processes otherwise available under the County’s building and planning codes. Responsible parties are responsible to obtain and comply with all processes for all building and planning permits and to pay associated fees.

(h) Corrective Permits. A responsible party may apply at any time for permits necessary to correct violations identified by a notice of violation. In such event, the County shall separately consider and process these

applications as otherwise provided by this Code and applicable law. However, the County need not issue permits that would have the effect of legalizing violation of the Subdivision Map Act under Government Code Section 66499.35(c). (Ord. 2138a, § 1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2646, § 2, 7/28/ 2020; Ord. 2766, § 2, 7/8/2025)

352-6. Amount of Administrative Civil Penalty.

(a) The amount of the administrative civil penalty to be imposed shall be set by the Code Enforcement Unit or the court according to the following schedule, subject to the cap set forth in Section 352-5(c):

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(1) Category 1 violations shall be subject to an administrative civil penalty of one dollar ($1.00) to one thousand dollars ($1,000.00) per calendar day. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2333, §1, 11/2/2004; Ord. 2576, § 5, 6/27/2017)

(2) Category 2 violations shall be subject to an administrative civil penalty of one thousand dollars ($1,000.00) to three thousand dollars ($3,000.00) per calendar day. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/ 23/2002; Ord. 2333, §1, 11/2/2004; Ord. 2576, § 5, 6/27/2017)

(3) Category 3 violations shall be subject to an administrative civil penalty of three thousand dollars ($3,000.00) to six thousand dollars ($6,000.00) per calendar day. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/ 2002; Ord. 2333, §1, 11/2/2004; Ord. 2576, § 5, 6/27/2017)

(4) Category 4 violations shall be subject to an administrative civil penalty of six thousand dollars ($6,000.00) to ten thousand dollars ($10,000.00), or such higher amount as is allowed by applicable State law, per calendar day. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2333, §1, 11/2/2004; Ord. 2576, § 5, 6/27/ 2017)

(b) In determining which violation category a violation should be placed, and the amount of the administrative civil penalty to be imposed, the Code Enforcement Unit or the court shall consider, without limitation, all of the following factors: (Ord. 2138a, § 1, 12/03/1996; Ord. No. 2272, 04/23/2002; Ord. 2576, § 5, 06/27/2017)

(1) The severity of the violation’s impact on the health, safety and/or general welfare of the public, including, without limitation, the type and seriousness of the injuries or damages, if any, suffered by any member of the public. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(2) The number of complaints received regarding the violation at issue. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(3) The willfulness and/or negligence of the responsible party. In assessing the degree of willfulness and/or negligence, all of the following factors shall be considered:

(A) How much control the responsible party had over the events which caused the violation to occur. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(B) Whether the responsible party took reasonable precautions against the events which caused the violation to occur. (Ord. 2138a, § 1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(C) Whether the responsible party knew, or should have known, the impacts associated with the conduct which caused the violation to occur. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(4) The number of times in which the responsible party has committed the same or similar violations in the previous three (3) years. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

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• (5) The amount of administrative staff time which was expended in investigating or addressing the violation at issue. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

• (6) The amount of administrative civil penalties which have been imposed in similar situations. (Ord. 2138a, § 1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(7) The efforts made by the responsible party to correct the violation and remediate the impacts thereof. (Ord. 2576, § 5, 6/27/2017)

(c) The factors of willfulness and severity of impact are considered together in determining in which category a particular violation should be placed. For example, a violation involving little impact could be determined to be a Category 2 violation or a Category 3 violation, depending on the degree of willfulness associated therewith. Similarly, an unintentional violation could be determined to be a Category 1 violation or a Category 2 violation, depending on the severity of the impact arising therefrom. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-7. Issuance of Notice of Violation and Proposed Administrative Civil Penalty by Code Enforcement Unit.

Whenever the Code Enforcement Unit determines that a violation has occurred, the Code Enforcement Unit shall prepare, and serve upon each responsible party, a notice of violation and proposed administrative civil penalty, as set forth in this chapter. The notice of violation and proposed administrative civil penalty may be combined with a notice to abate nuisance issued pursuant to the provisions of this division. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-8. Contents of Notice of Violation and Proposed Administrative Civil Penalty.

The notice of violation and proposed administrative civil penalty shall contain all of the following:

(a) The name and last known address of each responsible party known to the Code Enforcement Unit.

(b) A street address, legal description or other description sufficient to identify the property on which the violation occurred or exists.

(c) A description of the specific acts or omissions that gave rise to the violation and the specific provision of each code, ordinance, regulation, condition of approval or other legal requirement that has been violated and identification of the violation category that the violation falls within.

(d) An order to correct or otherwise remedy any continuing violation within ten (10) calendar days after service of the notice of violation and proposed administrative civil penalty, except in situations in which the violation creates an immediate danger to the health, safety and/or general welfare of the public; provided, that a responsible party may request more time to correct or otherwise remedy a violation pursuant to Section 352-5(b)(2).

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(e) A statement that each calendar day the violation occurs, continues or exists between the imposition date and the completion date shall constitute a separate violation.

(f) The amount of the proposed administrative civil penalty that may accrue each calendar day the violation occurs, continues or exists between the imposition date and the completion date.

(g) A statement that the responsible party may file with the Code Enforcement Unit a written appeal of the determination that a violation has occurred or exists and/or the amount of the proposed administrative civil penalty within ten (10) calendar days after service of the notice of violation and proposed administrative civil penalty.

(h) A statement that an appeal of the Code Enforcement Unit’s determination that a violation has occurred and/ or the amount of the proposed administrative civil penalty must be prepared using the form provided with the notice of violation and proposed administrative civil penalty, and shall contain all of the following information:

• (1) The name and current address of each responsible party.

• (2) A street address, legal description or other description sufficient to identify the property on which the violation occurred or exists.

(3) A brief statement setting forth the appellant’s interest in the proceedings.

(4) A brief statement of the material facts which support the appellant’s contention that no violation occurred or exists and that an administrative civil penalty should not be imposed as a result thereof, if applicable.

(5) A brief statement of the material facts which support the appellant’s contention that the amount of the proposed administrative civil penalty is inappropriate under the circumstances, if applicable.

(6) An address at which the appellant agrees that any additional notices relating to the imposition of the proposed administrative civil penalty may be served by the Code Enforcement Unit.

(i) An appeal of the Code Enforcement Unit’s determination that a violation has occurred and/or of the amount of the proposed administrative civil penalty must be signed by appellant under penalty of perjury.

(j) A statement that, upon receipt of an appeal of the determination that a violation has occurred and/or the amount of the proposed administrative civil penalty, the Code Enforcement Unit shall set the matter for hearing before a hearing officer appointed by the Humboldt County Board of Supervisors pursuant to Government Code Section 27720 and issue a notice of administrative civil penalty appeal hearing as set forth in this chapter.

(k) A statement that the date of the administrative civil penalty appeal hearing shall be no sooner than fifteen (15) calendar days and no later than sixty (60) calendar days after the date on which the notice of administrative civil penalty appeal hearing is served on the appellant unless the appellant agrees otherwise, a hearing officer cannot be made available due to unusual circumstances, or the Code Enforcement Unit demonstrates to the satisfaction of the Hearing Officer that good cause exists to allow it more time to prepare for the hearing.

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(l) A statement that the imposition of the administrative civil penalty shall become final and the Code Enforcement Unit shall acquire jurisdiction to collect full amount thereof and any and all administrative costs and/ or attorney’s fees ten (10) calendar days after a violation is fully adjudicated as that term is defined in Section 352-5(a)(2).

(m) A statement that the final administrative civil penalty, along with any and all administrative costs and/or attorney’s fees associated therewith, may become a lien against the property on which the violation occurred or exists which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq. (Ord. 2138a, § 1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, § 1, 8/23/2011; Ord. 2576, § 5, 6/27/2017; Ord. 2646, § 2, 7/28/2020; Ord. 2766, § 2, 7/8/2025)

352-9. Issuance of Notice of Administrative Civil Penalty Appeal Hearing by Code Enforcement Unit.

Upon receipt of a timely appeal of the determination that a violation has occurred and/or of the amount of the administrative civil penalty by any responsible party, the Code Enforcement Unit shall set the matter for hearing before a hearing officer and serve a notice of administrative civil penalty appeal hearing upon each appellant as set forth in this chapter. The notice of administrative civil penalty appeal hearing may be combined with a notice of code enforcement appeal hearing issued pursuant to the provisions of this division. The administrative civil penalty appeal hearing shall occur in the time stated in Section 352-8(l). (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-10. Contents of Notice of Administrative Civil Penalty Appeal Hearing.

The notice of administrative civil penalty appeal hearing shall contain all of the following:

(a) The name and last known address of each responsible party. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/ 2017)

(b) A street address, legal description or other description sufficient to identify the property on which the violation occurred or exists. (Ord. 2576, § 5, 6/27/2017)

(c) A statement that at the time and place specified therein, the Hearing Officer shall hear testimony and consider evidence concerning the alleged violation and/or the amount of the proposed administrative civil penalty and any other matters the Hearing Officer deems pertinent. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(d) A statement that the appellant may be represented by legal counsel and present testimony and crossexamine the Code Enforcement Investigator and other witnesses at the administrative civil penalty appeal hearing. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

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(e) A statement that the Hearing Officer may take official notice of any fact which may be judicially noticed by the courts of the State of California, either before or after the conclusion of the administrative civil appeal hearing. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(f) A statement that the Hearing Officer shall have the authority to issue subpoenas for orders to appear and produce documents at the administrative civil penalty appeal hearing upon the showing of reasonable necessity by the requesting party. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(g) A statement that the administrative civil penalty appeal hearing shall be subject to the requirements set forth in Government Code Section 11513, as may be amended from time to time. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(h) A statement that the administrative civil penalty appeal hearing shall be recorded (i.e., audio, video and/or stenographic) in order to maintain a record of the proceedings provided however that any unanticipated failure of the recording system shall not affect the validity of the hearing. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/ 2017)

(i) A statement that the costs associated with transcribing a recording of the administrative civil penalty appeal hearing shall be borne by the party or parties requesting such transcription. (Ord. 2576, § 5, 6/27/2017)

(j) A statement that the Hearing Officer may, upon the request of the appellant or the Code Enforcement Unit, or upon the Hearing Officer’s own motion, continue the administrative civil penalty appeal hearing for good cause shown. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)

(k) A statement that, upon the conclusion of the administrative civil penalty appeal hearing, the Hearing Officer may terminate the administrative civil penalty proceedings, or impose an administrative civil penalty and order payment thereof in accordance with the requirements and time limits set forth in the finding of violation and order imposing administrative civil penalty in accordance with Section 352-8(l). (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(l) A statement that the appellant may contest the Hearing Officer’s imposition of a final administrative civil penalty by filing a request for judicial review in the Humboldt County Superior Court within twenty (20) calendar days after service of the finding of violation and order imposing administrative civil penalties. (Ord. 2138a, §1, 12/ 3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(m) A statement that, if a timely request for judicial review of the Hearing Officer’s decision is not filed, the final administrative civil penalty, along with any and all administrative costs and/or attorney’s fees associated therewith, may become a lien against the property on which the violation occurred or exists which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq. (Ord. 2576, § 5, 6/27/2017)

(Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

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352-11. Administrative Civil Penalty Appeal Hearing.

At the time and place specified in the notice of administrative civil penalty appeal hearing, the Hearing Officer shall hear the sworn testimony of the Code Enforcement Investigator, the appellant and/or his or her representatives and all other competent persons desiring to give testimony concerning the alleged violation and/or the amount of the proposed administrative civil penalty and any other matters the Hearing Officer deems pertinent. The

administrative civil penalty appeal hearing, the Hearing Officer shall hear the sworn testimony of the Code Enforcement Investigator, the appellant and/or his or her representatives and all other competent persons desiring to give testimony concerning the alleged violation and/or the amount of the proposed administrative civil penalty and any other matters the Hearing Officer deems pertinent. The

administrative civil penalty appeal hearing shall be recorded (i.e., audio, video and/or stenographic) in order to maintain a record of the proceedings but any unexpected failure of the recording system shall not affect the validity of the hearing or any decision resulting from it. The costs associated with transcribing a recording of the administrative civil penalty appeal hearing shall be borne by the party or parties requesting such transcription. The administrative civil penalty appeal hearing may be combined with a code enforcement appeal hearing held pursuant to the provisions of this division. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/ 27/2017; Ord. 2766, § 2, 7/8/2025)

352-12. Issuance of Finding of Violation and Order Imposing Administrative Civil Penalty by the Hearing Officer.

(a) Upon conclusion of the administrative civil penalty appeal hearing, the Hearing Officer shall determine whether or not a violation has occurred or exists as set forth in the notice of violation and proposed administrative civil penalty. If it is found that a violation has not occurred, the Hearing Officer shall terminate the administrative civil penalty proceedings. If it is found that a violation has occurred or exists, the Hearing Officer shall affirm, reduce or suspend the proposed administrative civil penalty in accordance with the criteria set forth in this chapter. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(b) The Hearing Officer shall prepare, and serve upon each responsible party, a finding of violation and order imposing administrative civil penalty. The finding of violation and order imposing administrative civil penalty may be combined with a finding of nuisance and order of abatement issued pursuant to the provisions of this division. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

erve upon each responsible party, a finding of violation and order imposing administrative civil penalty. The finding of violation and order imposing administrative civil penalty may be combined with a finding of nuisance and order of abatement issued pursuant to the provisions of this division. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(c) In situations where the responsible party has taken immediate steps to remedy a violation that did not impact the health, safety or general welfare of the public, the Hearing Officer may reduce the administrative proposed administrative civil penalty or suspend a percentage of the responsible party’s payment in addition to the discretion afforded the Hearing Officer under other provisions of this chapter. If the responsible party complies with the terms and conditions of the payment suspension for a period of one (1) year after the date on which the finding of violation and order imposing administrative civil penalty is served thereon, the responsible party will no longer be liable for any suspended amount. However, if the responsible party does not comply with the terms and conditions of the payment suspension set forth in the finding of violation and order imposing administrative civil penalty, the suspended portion of the penalty shall become immediately due and payable. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

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352-13. Judicial Review of Finding of Violation and Order Imposing Administrative Civil Penalty.

(a) Appellant may contest the Hearing Officer’s imposition of a final administrative civil penalty by either:

(1) Pursuant to Government Code Section 53069.4(b)(1) through 53069.4(b)(2), an appellant may file a request for judicial review in the Humboldt County Superior Court within twenty (20) calendar days after service of the finding of violation and order imposing administrative civil penalty. The appellant shall serve a copy of the request for judicial review of the finding of violation and order imposing administrative civil penalty upon the Code Enforcement Unit either in person or by first class mail.

(2) Pursuant to California Code of Civil Procedure Section 1094.6, an appellant may file a petition of writ of mandate within the time specified in Section 1094.6. The appeal of the Hearing Officer’s imposition of a final administrative civil penalty shall be governed by California Code of Civil Procedure Section 1094.6, as such section may be amended from time to time.

(b) If the Humboldt County Superior Court finds against the appellant, the Code Enforcement Unit may proceed to collect the administrative civil penalty as set forth in this chapter.

(c) The failure to file a request for judicial review of a finding of violation and order imposing administrative civil penalty in accordance with the requirements set forth in Government Code Section 53069.4(b)(1) through 53069.4(b)(2) shall constitute a waiver of the right to contest the Hearing Officer’s decision. (Ord. 2138a, §1, 12/3/ 1996; Ord. 2576, § 5, 6/27/2017; Ord. 2646, § 2, 7/28/2020; Ord. 2766, § 2, 7/8/2025)

352-14. Jurisdiction to Collect Administrative Civil Penalties.

(a) The Code Enforcement Unit shall acquire jurisdiction to collect the final administrative civil penalty along with any and all administrative costs and/or attorney’s fees associated therewith ten (10) calendar days after a violation is finally adjudicated as that term is defined in Section 352-5(a)(2). (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/ 2002; Ord. 2576, § 5, 6/27/2017)

(b) The Humboldt County Board of Supervisors may create a revolving fund or funds from which the administrative costs and attorney’s fees resulting from the enforcement of this chapter may be paid, and into which the receipts from the collection of administrative civil penalties and the costs associated therewith shall be paid. (Ord. 2576, § 5, 6/27/2017)

(c) The Planning Director, personally or through assistants so designated, is authorized to reduce and/or eliminate administrative costs, attorney’s fees, and/or administrative civil penalties and may enter into a compliance agreement with a responsible party to reduce and/or eliminate administrative costs, attorney’s fees, and/or administrative civil penalties in exchange for compliance to correct or otherwise remedy the violation to preserve the public health, safety, and welfare of the County residents because the primary goal of this chapter is compliance, not punishment. (Ord. 2585, § 6, 11/7/2017; Ord. 2766, § 2, 7/8/2025)

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352-15. Issuance of Notice of Administrative Civil Penalty Assessment by Code Enforcement Unit.

Once jurisdiction to collect the final administrative civil penalty and any and all administrative costs and/or attorney’s fees associated therewith has been acquired as set forth in this chapter, the Code Enforcement Unit may prepare, and serve upon each responsible party and the Clerk of the Humboldt County Board of Supervisors, a notice of administrative civil penalty assessment as set forth herein. The notice of administrative civil penalty assessment may be combined with a notice of nuisance abatement assessment issued pursuant to the provisions of this division. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-16. Contents of Notice of Administrative Civil Penalty Assessment.

The notice of administrative civil penalty assessment shall contain all of the following:

(a) The name and last known address of each responsible party. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/ 2002; Ord. 2576, § 5, 6/27/2017)

(b) A street address, legal description or other description sufficient to identify the property on which the violation occurred or exists. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(c) The total amount of the final administrative civil penalty that was imposed pursuant to the finding of violation and order imposing administrative civil penalty. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(d) A description of the actions taken by the Code Enforcement Unit to impose the administrative civil penalty. (Ord. 2576, § 5, 6/27/2017)

(e) An itemized account of the administrative costs and/or attorney’s fees associated with the imposition of the administrative civil penalty, as well as any and all payments previously received from each responsible party. (Ord. 2576, § 5, 6/27/2017)

(f) The total amount of the assessment proposed to be levied against the property on which the violation occurred or exists in order to recover the administrative civil penalty and/or the administrative costs and/or attorney’s fees associated therewith. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(g) A statement that the responsible party may file with the Code Enforcement Unit a written objection to the proposed assessment within ten (10) calendar days after service of the notice of administrative civil penalty assessment. (Ord. 2576, § 5, 6/27/2017)

(h) A statement that an objection to the proposed assessment shall be limited to the amount of the administrative civil penalty and/or the administrative costs and/or attorney’s fees associated therewith, and must be prepared using the form provided with the notice of administrative civil penalty assessment. (Ord. 2576, § 5, 6/ 27/2017)

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(i) A statement that, upon receipt of an objection to the proposed assessment, the Code Enforcement Unit shall set the matter for hearing before the Humboldt County Board of Supervisors, and issue a notice of administrative civil penalty assessment appeal hearing. (Ord. 2576, § 5, 6/27/2017)

(j) A statement that the date of the administrative civil penalty assessment appeal hearing shall be no sooner than fifteen (15) calendar days and no later than sixty (60) days after the date on which the notice of administrative civil penalty assessment is served on the responsible party except as otherwise provided in this chapter. (Ord. 2576, § 5, 6/27/2017)

(k) A statement that the proposed assessment shall be deemed final and summarily approved by the Humboldt County Board of Supervisors without holding an administrative civil penalty assessment appeal hearing as set forth in this chapter, if an objection to the proposed assessment is not filed within ten (10) calendar days after service of the notice of administrative civil penalty assessment. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

mboldt County Board of Supervisors without holding an administrative civil penalty assessment appeal hearing as set forth in this chapter, if an objection to the proposed assessment is not filed within ten (10) calendar days after service of the notice of administrative civil penalty assessment. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(l) A statement that the final assessment, as approved by the Humboldt County Board of Supervisors, may become a lien against the property on which the violation occurred or exists which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq. (Ord. 2576, § 5, 6/27/2017)

(Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-17. Issuance of Notice of Administrative Civil Penalty Assessment Appeal Hearing by Code Enforcement Unit.

Upon receipt of an objection to a proposed assessment filed by any responsible party upon whom a notice of administrative civil penalty assessment was served, the Code Enforcement Unit shall set the matter for hearing before the Humboldt County Board of Supervisors, and serve a notice of administrative civil penalty assessment appeal hearing upon the objecting party or parties as set forth in this chapter. The notice of administrative civil penalty assessment appeal hearing may be combined with a notice of cost recovery hearing issued pursuant to the provisions of this division. (Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-18. Contents of Notice of Administrative Civil Penalty Assessment Appeal Hearing.

The notice of administrative civil penalty assessment appeal hearing shall contain all of the following:

(a) The name and last known address of each responsible party. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/ 2017)

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(b) A street address, legal description or other description sufficient to identify the property on which the violation occurred or exists. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(c) A statement that at the time and place specified therein, the Humboldt County Board of Supervisors shall hear testimony and consider evidence concerning the validity of the proposed assessment and any other matters deemed pertinent. (Ord. 2576, § 5, 6/27/2017)

(d) A statement that the appellant may be represented by legal counsel and present testimony and crossexamine the Code Enforcement Investigator and other witnesses at the administrative civil penalty assessment appeal hearing. (Ord. 2576, § 5, 6/27/2017)

(e) A statement that, upon conclusion of the administrative civil penalty assessment appeal hearing, the Humboldt County Board of Supervisors may confirm, deny or modify and revise the proposed assessment either in whole or in part, and that such action shall be final and conclusive as to all matters pertaining to the proposed assessment. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(f) A statement that the final assessment, as approved by the Humboldt County Board of Supervisors, may become a lien against the property on which the violation occurred or exists which has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq. (Ord. 2576, § 5, 6/27/2017)

(g) A statement that the administrative civil penalty assessment appeal hearing shall be recorded (i.e., audio, video and/or stenographic) in order to maintain a record of the proceedings but that the unanticipated failure of recording equipment will not invalidate the hearing or its result. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(Ord. 2585, § 6, 11/7/2017; Ord. 2766, § 2, 7/8/2025)

352-19. Administrative Civil Penalty Assessment Appeal Hearing.

(a) At the time and place specified in the notice of administrative civil penalty assessment appeal hearing, the Humboldt County Board of Supervisors shall hear testimony and consider evidence concerning the amount of the proposed assessment; no matter what was, or might have been, resolved in a hearing pursuant to Section 352-11. The purpose of the hearing shall be to ensure the correct calculation of the civil penalty assessment and not to relitigate a violation. The administrative civil penalty assessment appeal hearing may be combined with a cost recovery hearing held pursuant to the provisions of this division. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(b) Upon conclusion of the administrative civil penalty assessment appeal hearing, the Humboldt County Board of Supervisors will adopt a resolution confirming, discharging, or modifying the proposed assessment either in whole or in part. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/ 2017)

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(c) A resolution of the Humboldt County Board of Supervisors confirming, discharging or modifying a proposed assessment shall be final and conclusive as to all matters pertaining to the proposed assessment. Any appeal of the resolution confirming, discharging or modifying a proposed assessment shall be governed by California Code of Civil Procedure Section 1094.6, as such section may be amended from time to time. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

ive as to all matters pertaining to the proposed assessment. Any appeal of the resolution confirming, discharging or modifying a proposed assessment shall be governed by California Code of Civil Procedure Section 1094.6, as such section may be amended from time to time. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-20. Summary Approval of Proposed Administrative Civil Penalty Assessments.

If an objection to the proposed assessment is not filed by a responsible party within ten (10) calendar days after service of the notice of administrative civil penalty assessment, the Humboldt County Board of Supervisors shall summarily approve the proposed assessment without holding an administrative civil penalty assessment appeal hearing. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-21. Issuance of Notice of Administrative Civil Penalty Lien by Code Enforcement Unit.

Upon confirmation of the proposed assessment by the Humboldt County of Board of Supervisors, the Code Enforcement Unit shall prepare, and serve upon each responsible party a notice of administrative civil penalty lien, as set forth in this chapter. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-22. Contents of Notice of Administrative Civil Penalty Lien.

The notice of administrative civil penalty lien shall contain all of the following:

(a) The name and last known address of each responsible party. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/ 2017)

(b) A street address, legal description or other description sufficient to identify the property on which the violation occurred or exists. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(c) A description of the proceedings to impose and collect the administrative civil penalty, including, without limitation, the imposition date, the completion date and the date on which the administrative civil penalty assessment was approved by the Humboldt County Board of Supervisors. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(d) A description of the actions taken by the Code Enforcement Unit to impose and collect the administrative civil penalty and/or the administrative costs and/or attorney’s fees associated therewith. (Ord. 2576, § 5, 6/27/2017)

(e) The amount of the administrative civil penalty assessment to be charged against the property on which the violation occurred or exists in order to recover the administrative civil penalty and/or the administrative costs and/

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or attorney’s fees associated therewith. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/ 2017)

(f) A claim of lien in the amount of the administrative civil penalty assessment to be charged against the property on which the violation occurred or exists in order to recover the administrative civil penalty and/or the administrative costs and/or attorney’s fees associated therewith. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017)

(g) A statement that upon the recordation of the notice of administrative civil penalty lien, which shall be no sooner than forty-five (45) calendar days after service of such notice, the administrative civil penalty lien shall have the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq. (Ord. 2576, § 5, 6/27/2017)

(h) A statement that the administrative civil penalty lien may be foreclosed, and the real property subject to such lien sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. (Ord. 2576, § 5, 6/27/2017)

(i) A statement that an additional notice of violation can be served upon the responsible party as set forth in this chapter, if a violation occurs, continues or exists after ninety (90) days from the imposition date of the initial administrative civil penalty. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-23. Imposition of Administrative Civil Penalty Lien.

(a) Upon the passage of forty-five (45) calendar days after service of the notice of administrative civil penalty lien, the Code Enforcement Unit shall cause said notice of administrative civil penalty lien to be recorded in the Humboldt County Clerk-Recorder’s Office. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/ 2011; Ord. 2576, § 5, 6/27/2017)

(b) Upon recordation of the notice of administrative civil penalty lien, the administrative civil penalty lien shall have the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq. The administrative civil penalty lien shall have no force or effect until recorded by the Humboldt County Clerk-Recorder’s Office. (Ord. 2576, § 5, 6/27/2017)

(c) Interest shall accrue on the principal amount of the administrative civil penalty lien remaining unsatisfied pursuant to the law applicable to civil money judgments. (Ord. 2576, § 5, 6/27/2017)

(d) The administrative civil penalty lien may be foreclosed and the real property subject to such lien sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. (Ord. 2585, § 6, 11/7/2017; Ord. 2766, § 2, 7/8/2025)

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352-24. Collection of Costs and Attorney’s Fees Prior to Recordation of Notice of Administrative Civil Penalty Lien.

The Humboldt County Revenue Recovery Office may accept payment of any amount due at any time prior to recordation of a notice of administrative civil penalty lien with the Humboldt County Clerk-Recorder’s Office pursuant to the provisions of this chapter. (Ord. 2585, § 7, 11/7/2017; Ord. 2766, § 2, 7/8/2025)

352-25. Satisfaction of Administrative Civil Penalty Lien.

Once the County receives full payment of the administrative civil penalty and/or the administrative costs and/or attorney’s fees associated therewith, the Code Enforcement Unit will either record a notice of satisfaction or provide each responsible party with a notice of satisfaction for recordation at the Humboldt County ClerkRecorder’s Office. Such notice shall cancel the administrative civil penalty lien. (Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-26. Enforcement by Civil Action.

As an alternative to the procedures set forth in this chapter, the Code Enforcement Unit may correct or otherwise remedy a violation through the prosecution of a civil action, including an action for injunctive relief or by any other remedy available at law or in equity; no election of remedies shall apply. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings or receivership, prohibiting the maintenance of the violation. (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-27. Treble Damages.

Upon entry of a second or subsequent civil or criminal judgment for a violation that may be abated in accordance with the nuisance abatement procedures set forth in this division within a two (2) year period, the court may order the responsible party to pay treble damages to the County. (Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

352-28. Misdemeanor Penalty.

Any person found to be in violation of any provision of this chapter shall be guilty of a misdemeanor unless the prosecutor determines, in the interest of justice, to prosecute it as an infraction. (Ord. 2576, § 5, 6/27/2017; Ord. 2766, § 2, 7/8/2025)

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CHAPTER 3

USE OF BUILDINGS FOR SALE OF CONTROLLED SUBSTANCES PROHIBITED

Sections:

• § 353-1. Purpose and Intent.

• § 353-2. Public Nuisance Declared. § 353-3. Persons Authorized to Commence Nuisance Proceedings. § 353-4. Notice. § 353-5. Types of Actions That May Be Maintained. § 353-6. Authorized Remedies. § 353-7. Bond Requirement.

353-1. Purpose and Intent.

It is the desire and intent of the Board of Supervisors of the County of Humboldt to eliminate, within any and every building or place in the unincorporated areas of Humboldt County, the unlawful selling, serving, storing, keeping, manufacturing or giving away of any controlled substance, precursor or analog, as defined under Health and Safety Code Sections 11000 and 11400, et seq. (Ord. 2576, § 6, 06/27/2017)

(a) The Board of Supervisors finds that the unlawful selling, serving, storing, keeping, manufacturing, or giving away of any controlled substance, precursor, or analog, in any building or place in the County of Humboldt is injurious to the health, safety, and general welfare of the County, interferes with the comfortable enjoyment of life and property, and is a condition that is dangerous to human life, and is unsafe and detrimental to the public health and safety. (Ord. 2576, § 6, 6/27/2017)

(b) Section 11570 of the Health and Safety Code of California states that every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away controlled substances, precursor, or analog, as defined in Health and Safety Code sections 11000 and 11400 et sequitur, is a nuisance which shall be enjoined, abated and prevented and for which damages may be recovered. (Ord. 2576, § 6, 6/27/ 2017)

(c) The laws of the State of California define nuisance and the abatement thereof and provide for the enjoining of such acts. The Board of Supervisors intend hereby to declare those activities hereinafter set forth as a nuisance, and provide a procedure for determining that a nuisance exists. (Ord. 2576, § 6, 6/27/2017)

353-2. Public Nuisance Declared.

The Board of Supervisors finds and declares that every and any building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, or

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analog, as defined under the California Uniform Controlled Substance Act, Section 11000 and 11400 et sequitur of the Health and Safety Code is a nuisance, whether public or private. (Ord. 2576, § 6, 6/27/2017)

353-3. Persons Authorized to Commence Nuisance Proceedings.

(a) In the name of the people, the Code Enforcement Unit and/or District Attorney of the County of Humboldt is authorized to abate, prevent, perpetually enjoin and seek damages against the person conducting or maintaining the nuisance of unlawful selling, serving, storing, keeping manufacturing or giving away of any controlled substance, precursor, or analog, and the owner, tenant, their agent, or anyone else associated with the building or place, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting the nuisance, when such nuisance occurs within any building or place in the unincorporated areas of the County of Humboldt as hereinafter provided, and there is reason to believe that a nuisance exists under Health and Safety Code section 11570. (Ord. 2269, 4/23/2002; Ord. 2576, § 6, 6/27/2017)

(b) Any citizen of the State of California, residing in the County of Humboldt, in his or her own name is authorized to abate, prevent, perpetually enjoin and seek damages against the person conducting or maintaining the nuisance of unlawful selling, serving, storing, keeping manufacturing or giving away of any controlled substance, precursor, or analog, and the owner, tenant, their agent, or anyone else associated with the building or place, in or upon which the nuisance exists, from directly or indirectly maintaining or permitting the nuisance, when such nuisance occurs within any building or place in the unincorporated areas of the County of Humboldt as hereinafter provided, and there is reason to believe that a nuisance exists under Health and Safety Code section 11570. Any complaint filed by such a citizen, pursuant to these provisions, must be verified. (Ord. 2049, § 1, 8/16/ 1994; Ord. 2576, § 6, 6/27/2017)

353-4. Notice.

(a) Prior to bringing or maintaining an action to abate or prevent, perpetually enjoin a nuisance or seek damages therefrom, as described in Section 353-2 of the Humboldt County Code, the person(s) authorized to commence nuisance proceedings shall give notice to the owner, tenant, their agent and anyone else associated with the nuisance of the building or place including but not limited to owners as shown by the records of the County Recorder or Assessor, business tax records, records of the Secretary of State in the case of corporate ownership or interest and any other evidence showing occupancy or presence associated with the nuisance where the nuisance is alleged to exist and shall request that the nuisance be abated within a reasonable time of the receipt of the notice. (Ord. 2049, § 1, 8/16/1994; Ord. 2576, § 6, 6/27/2017; Ord. 2585, § 7, 11/7/2017)

(b) The notice shall contain as enclosures documentation to establish that a nuisance exists in or upon the building or place. (Ord. 2576, § 6, 6/27/2017)

(c) The notice shall be served on the owner, tenant, their agent, or anyone else associated with the nuisance by personal service or by certified mail. (Ord. 2576, § 6, 6/27/2017)

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(d) “Reasonable time” shall mean at least thirty (30) days, unless a shorter time period is agreed to by the parties herein. (Ord. 2576, § 6, 6/27/2017)

(e) The subdivision shall apply only to an action brought or maintained by the Code Enforcement Unit and/or District Attorney: (Ord. 2576, § 6, 6/27/2017)

(f) This notice shall not be required prior to bringing or maintaining an action to enjoin, abate, prevent a nuisance and seek damages if any one of the following exist:

• (1) There is a danger to the public; (Ord. 2576, § 6, 6/27/2017)

• (2) The notice would impede an investigation; (Ord. 2576, § 6, 6/27/2017)

• (3) The Code Enforcement Unit and/or District Attorney determines there is good cause to forego the notice; (Ord. 2576, § 6, 6/27/2017)

(4) For the purposes of this paragraph, “good cause” includes, but is not limited to, when an owner, tenant, their agent, or anyone else associated with the nuisance is unavailable or is evading service of process; (Ord. 2576, § 6, 6/27/2017)

(5) The issuing agency shall provide the identified owner, tenant, their agency, or other person associated with the nuisance with the opportunity to demonstrate to that agency that the notice was issued on insufficient grounds or the owner, tenant, their agency or other person associated with nuisance was mistakenly identified. This agency shall present the Code Enforcement Unit and/or District Attorney with all information received in any request for action under this section. (Ord. 2269, 4/23/2002; Ord. 2576, § 6, 6/27/ 2017)

(Ord. 2576, § 6, 6/27/2017)

353-5. Types of Actions That May Be Maintained.

(a) Temporary Restraining Order.

(1) A temporary restraining order may be sought to maintain the status quo and to encourage expeditious abatement. Although ex parte in nature, reasonable notice to the opposing party is required unless the applicant shows good cause why notice should be excused. (Code of Civil Procedure section 527(a)). (Ord. 2576, § 6, 6/27/2017)

(2) The temporary restraining order is limited in duration to up to fifteen (15) days, or twenty (20) if good cause can be shown. The temporary restraining order can order that no further illegal drug activity take place, it can allow the County to post a sign stating the same and it can freeze all movable property. The County can also obtain an order allowing entry onto the premises to take an inventory of personal property to ensure that anything of value remains on the premises until the time of the final hearing on the matter. (Ord. 2576, § 6, 6/27/2017)

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(b) Preliminary Injunction.

(1) At the expiration of the temporary restraining order, the order to show cause hearing on the preliminary injunction, is held. Closure will only be ordered during the preliminary injunction stage if a prior order has been violated. Thus, if the temporary restraining order was violated, closure can be sought at the preliminary injunction hearing. Also closure can be sought at any time while the preliminary injunction is in effect, as its violation is violation of the court’s prior order. (Health and Safety Code section 11573.5(b)). (Ord. 2576, § 6, 6/ 27/2017)

• (c) Closure of the Premises.

(1) At the preliminary injunction phase, the court can order that rent be placed in escrow for up to ninety (90) days or until the nuisance is abated. When closure is sought prior to final judgment, all tenants who may be affected by the closure must be provided with reasonable notice and an opportunity to be heard at all closure request hearing before a closure order can be issued. (Health and Safety Code section 11573.5(c)). In determining whether to close a premises prior to judgment, Health and Safety Code section 11573.5 requires the judge to consider:

• (A) The extent and duration of the nuisance. (Ord. 2576, § 6, 6/27/2017)

(B) Prior efforts by the defendant to comply with previous court orders regarding the nuisance. (Ord. 2576, § 6, 6/27/2017)

(C) The effect of the nuisance on other persons, including residents or businesses. (Ord. 2576, § 6, 6/27/ 2017)

(D) The effect of placing rental payments into an escrow account on abatement efforts. (Ord. 2576, § 6, 6/27/2017)

(E) The effect of closure on unnamed residents or occupants of the premises. (Ord. 2576, § 6, 6/27/ 2017)

(Ord. 2576, § 6, 6/27/2017)

(d) Relocation Payments.

(1) A defendant shall provide relocation assistance to innocent tenants if a building or place is ordered closed, including moving costs, security deposits for utilities and comparable housing, adjustments for lost rent and any other costs the court deems reasonable and fair. The judge may also order the enforcing governmental agency seeking closure to make reasonable attempts to seek additional sources of funds for relocation assistance to displaced tenants. A receiver can be appointed to distribute relocation funds from the escrow account. (Health and Safety Code Section 11573.5(d) and (e)). (Ord. 2576, § 6, 6/27/2017)

(e) Stipulated Judgment.

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(1) Once a temporary restraining order issues or a preliminary injunction is granted, negotiation for a stipulated judgment requiring either the sale of the property, eviction of the nuisance causing tenant(s), or closure of the premises may be commenced. (Ord. 2576, § 6, 6/27/2017)

(f) Permanent Injunction.

(1) If a stipulated judgment cannot be reached, a trial on the permanent injunction is held. (Ord. 2576, § 6, 6/ 27/2017)

353-6. Authorized Remedies.

• (a) Closure as a First Priority.

(1) Under the abatement law, the judgment requires the removal from the premises and the sale of all fixtures, musical instruments and other movable property used in conducting, maintaining, aiding or abetting the nuisance. The premises must be closed for one year unless the court finds that a vacant building would be more harmful to the community than an occupied one. The legislative intent in the closure provision indicated that closure is the first priority. If the building is not ordered vacated, the defendant can be required to pay damages equivalent to one year’s fair market rental value of the building. (Health and Safety code section 11581). (Ord. 2576, § 6, 6/27/2017)

(b) Damages.

(1) In addition to actual damages, damages of up to twenty- five thousand dollars ($25,000) may be assessed against any or all of the defendant as a civil penalty. (Health and Safety Code section 11581). Civil penalties shall be apportioned pursuant to Health and Safety Code section 11489. (Ord. 2576, § 6, 6/27/2017)

• (c) Lien.

(1) Once the existence of a nuisance is established, an order of abatement is entered as part of the judgment and the plaintiff’s costs are a lien upon the building or place. The lien is enforceable and collectible by execution issued by order of the court. (Health and Safety Code sections 11579, 11582). The court retains custody of the building or place for the duration of the abatement order. (Ord. 2576, § 6, 6/27/2017)

(d) Contempt.

(1) A violation of any of the abatement orders, from the temporary restraining order through the final judgment, is punishable as contempt of court with attendant fines from five hundred dollars ($500) through ten thousand dollars ($10,000) or a county jail sentence of not less than one nor more than six months or both. Fines collected for contempt must be used as a first priority for relocation payments to innocent tenants. (Health and Safety Code section 11580.) (Ord. 2576, § 6, 6/27/2017)

• (e) Sale of Assets.

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(1) The County’s costs may be recouped from the sale of the movable property. In addition if the movable property proceeds do not satisfy the plaintiff’s costs, the building or place can be sold. (Health and Safety Code section 11585). (Ord. 2576, § 6, 6/27/2017)

• (f) Release of Building to Owner.

(1) The building or place may be released to the owner, if the owner has not been guilty of any contempt during the court proceedings, pays all costs and fees that are a lien on the building or places and files a bond in the full value of the property conditioned that the owner will immediately abate any nuisance that may exist at the building and will do this for a period of one year. (Health and Safety Code section 11586). (Ord. 2576, § 6, 6/27/2017)

353-7. Bond Requirement.

The court may require that a private citizen maintaining an action under these provisions post a bond. In setting the amount of the bond, the court shall consider the relative hardship on the parties and the goal of encouraging citizen use of these provisions. The amount of the bond shall not exceed the potential financial injury to the defendant(s), and may be waived in the court’s discretion. (Ord. 2049, § 1, 8/16/1994; Ord. 2576, § 6, 6/27/2017)

CHAPTER 4

REGULATION AND REMOVAL OF JUNK VEHICLES

Sections:

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