Chapter 2 — GENERAL PROVISIONS

Pursuant to Health and Safety Code Section 25282, the county of Imperial assumes responsibility for implementation and enforcement of Health and Safety Code, Chapter 6.7 (Sections 25280 through 25299.6) "Underground Storage of Hazardous Substances" together with rules and regulations issued by the State Department of Health Services and promulgated as California Code of Regulations (CCR) Title 23, Chapter 3 Subchapter 16.

(Prior code § 91102.00)

The county of Imperial shall be the enforcement agency for the incorporated and the unincorporated areas of Imperial County. The authority designated as the responsible agency for the enforcement of this division shall be the planning and development services department (planning director) serving as lead agency in conjunction with the director of environmental health services (EHS) and the fire chief of the jurisdiction wherein the system is located, subject to the following:

A.

The duties of the planning director shall include, but are not limited to, directing, administering, and enforcing all provisions of this division and California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16 as they pertain to the installation, alteration, repair, permitting, monitoring and abatement of underground facilities. The planning director shall act as the central coordinator for permitting and enforcement including reporting to state and other agencies as required. Upon locating any system that is leaking, the planning director shall immediately notify both the director of EHS and the Fire Chief.

B.

The duties of the director of EHS shall include, but are not limited to, the directing and enforcement of all provisions of this division as they pertain to public health; including the disposal of contaminated materials, etc. It shall be the responsibility of the director of EHS to determine whether or not a public health hazard exists.

C.

The duties of the designated fire chief will include, but are not limited to, the directing or enforcement of all provisions of this division; as they pertain to fire and emergency services.

(Amended during 2008 codification; prior code § 91102.01)

Personnel of the planning and development services department assigned to administer this division shall have the right of entry during regular business hours in the performance of their duties.

(Amended during 2008 codification; prior code § 91102.02)

There is created a board of appeals for the underground tank monitoring program consisting of seven members which shall be qualified in accordance with the following: three underground owner/operators actively involved in owning and/or operating underground tanks or systems; two laymen; one engineer or architect; and one accountant/CPA. These members shall be appointed by the board of supervisors. Of the members so appointed, all will be appointed for a term of four years. The building official or designee shall act as secretary to this board of appeals. The secretary shall maintain or cause to be maintained minutes of the meetings and shall record all proceedings before the board of appeals by mechanical means. This board of appeals may from time to time make written recommendations to the board of supervisors as to changes or additions relating to the suitability of this division and/or procedures.

(Prior code § 91102.03)

91102.04 - Appeals.

Any person aggrieved by the decision of the building official as to a matter within the purview of this division shall have the right to appeal such decision to the board of appeals in accordance with rules and regulations relating to appeal procedures adopted by the board of appeals and approved by the board of supervisors.

An appeal may be made by filing an application therefore, with the building official. Such application must be accompanied by a filing fee as specified in Division 9, of one hundred dollars ($100.00).

(Prior code § 91102.04)

91102.05 - Appeals to the board of supervisors.

The decision of the board of appeals on any appeal shall be final, unless within ten (10) days after the decision, a written appeal to the board of supervisors is filed by the applicant with the clerk of the board. The appeal shall state the reason(s) upon which the appeal is made. The appeal shall be accompanied by a filing fee of one hundred dollars ($100.00). The appeal shall be heard at a scheduled public hearing by the board of supervisors following the date of the filing of the appeal. Notice of the time and place of the hearing shall be given to the applicant by mailing such notice to him or her, postage prepaid, at his or her last known address at least five days prior to the date set for such hearing. A copy of the notice shall also be sent to the building official and to all members of the board of appeals. The board of supervisors shall not consider any appeal until the appeal has first been considered by the building board of appeals, and the appeals board has rendered a decision and filed a written report with the board of supervisors.

(Prior code § 91102.05)

91102.06 - State surcharge fees.

State surcharge fees shall be as established by the State Legislature. These fees shall be collected by the county and forwarded to the state of California Water Resources Control Board. These fees shall be billed separately from the permit to operate fees.

(Prior code § 91102.06)

Refunds of county permit fees to owner/operator shall be authorized by the building officials providing the owner/operator has filed a written request for a refund stating the reason for the refund request. The amount to be refunded shall be determined by the building official. No refund shall be allowed for a fiscal year wherein the monitoring has already been completed.

(Prior code § 91102.07)

Chapter 3 - PERMITS, FEES AND STANDARDS

91103.00 - Permits required.

No person shall own, operate, or use, any underground storage tank or system unless a permit has been issued to the owner or operator by the planning and development services department:

A.

At the time the installation of the system;

B.

Within ten (10) days of final installation inspection on new installations;

C.

Within sixty (60) days of the effective date of the ordinance codified in this division for existing installations.

(Amended during 2008 codification; prior code § 91103.00)

All permits issued pursuant to this division shall be issued by the planning and development services department, as the department deems appropriate.

(Amended during 2008 codification; prior code § 91103.01)

91103.02 - Applications for permit.

All applications for permits provided herein shall be upon forms and in the format as required by the planning and development services department.

(Amended during 2008 codification; prior code § 91103.02)

91103.03 - Term of permit.

Permits issued pursuant to this division shall be effective for a minimum of five years. If the owner operator has selected the annual monitoring payment schedule, this permit shall become null and void unless the annual monitoring fee is received by the department prior to the annual expiration date.

(Prior code § 91103.03)

91103.04 - Transfer of permit.

Permits issued pursuant to this division may be transferred to a new owner only after the person completes and submits the necessary applications accepting the obligations of the permit and receives planning and development services department approval.

The application and approval shall be obtained within thirty (30) days after a change of ownership.

(Amended during 2008 codification; prior code § 91103.04)

91103.05 - Renewal of permit.

All permits issued pursuant to this division shall be renewed at least sixty (60) days prior to the expiration of the existing permit.

(Prior code § 91103.05)

91103.06 - Revocation of permit.

The planning and development services department may revoke any permit issued pursuant to this division, upon any of the following:

A.

Owner is in violation of the terms and conditions of the permit, state law, the Codified Ordinances of the county of Imperial or the operating standards;

B.

Owner prohibits monitoring of the site by personnel of the planning and development services department;

C.

Owner continues to operate an unsafe or leaking system;

D.

Permit to operate has been transferred or altered without the approval of the planning and development services department;

E.

The annual monitoring fee for the system is not received by the division prior to the annual expiration date.

The owner/operator shall have three working days following receipt of a written notice of intent to revoke to correct any and all violations.

(Amended during 2008 codification; prior code § 91103.06)

The administrative authority being the planning director may, upon specific findings supported by research, testing, etc., consider alternative installation standards, or monitoring procedures, provided they are in compliance with the intent of this division and California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16.

(Prior code § 91103.07)

91103.08 - Standards.

The standards and procedures shall be the conditions found in this division, Health and Safety Code Chapter 6.7 and the Rules and Regulations set forth in California Code of Regulations (CCR), Title 23, Chapter 3, Subchapter 16.

(Prior code § 91103.08)

91103.09 - Abandoned tanks.

An owner shall secure any temporarily or permanently closed facility in compliance with Section 2670, 2671, 2672 of the California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16 and to the satisfaction of the planning and development services department.

Any abandoned or closed system that the planning and development services department or the EHS division determines is a health or safety hazard shall be removed at the direction of the planning and development services department, and at the cost of the property owner.

(Amended during 2008 codification; prior code § 91103.09)

91103.10 - Tank removal.

Underground storage tanks shall be removed under the supervision of and by permit issued by the Imperial County planning and development services department. Soil removed during the excavation shall be tested by a certified lab for contamination and results shall be interpreted by the environmental health services department, the soil shall be disposed of at a Class I, Class II or Class III disposal site, or under limited conditions be allowed as backfill into the excavation mixing operation. The Imperial County building department shall cause recordation of a document with the Imperial County recorder's office indicating the disposition of this soil.

(Amended during 2008 codification; prior code § 91103.10)

91103.11 - Compliance with other regulations.

Individuals or organizations using or intending to use underground storage tanks shall comply with the provisions of Article 79 of the 1988 Uniform Fire Code, relating to flammable and combustible liquids, as adopted by the county of Imperial pursuant to the provisions of Chapter 8.20 of the Codified Ordinances of the county of Imperial, and California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16.

(Prior code § 91103.11)

Individuals or organizations intending to install and/or operate underground storage tanks shall comply with the special installation and inspection requirements, contained in this division, in addition to requirements contained in Article 79 of the 1988 Uniform Fire Code and the California Code of Regulations (CCR) Title 23, Chapter 3, Subchapter 16. A. Prior to a fuel or hazardous substance tank being installed in the ground, it must be approved by the county fire chief and the county's building official, or their designees, while on-site and immediately prior to installation. This approval will require verification of the required coatings, approval tags and serial numbers, and a complete visual inspection of the surface and/or surface coatings of the tank.

B.

The installation of the tanks and back-filling around the tank shall be completed in the presence of an on-site inspector.

C.

Pressure checks of the tank and the piping system shall be performed precisely as outlined in the Uniform Fire Code.

D.

The corrosion protective wrapping of all metallic parts requiring this type of protection shall be done in the presence of an on-site inspector.

E.

Back-filling material shall be clean sand or pea gravel no larger than one-quarter inch diameter. Materials excavated from the subject sites shall not be used for backfilling.

F.

The location of all lines and/or tanks shall be staked by the installation contractor upon completion of all filling to provide all contractors sufficient guidance to avoid potential damage to the system due to the impact to heavy equipment, the driving of stakes, or similar occurrence.

G.

All underground storage facilities shall, in addition to the provisions contained herein, comply with this division.

(Prior code § 91103.12)

In addition to any fees established by state or federal law, the fee schedule contained in Division 9, Chapter 90903 shall be required for this division.

(Prior code § 91103.13)

Chapter 4 - PENALTIES

Notwithstanding any other provisions of law or ordinance establishing criminal or civil penalties the following shall apply:

A.

Failure to secure a permit to operate within ten (10) days of final installation inspection of a new system shall result in an increase of the permit fee by one hundred dollars ($100.00) per system.

B.

Failure to secure a permit to operate an existing facility within thirty (30) days but prior to sixty (60) days of the effective date of the ordinance codified in this division, and/or final inspection of a new system shall increase the permit fee by two hundred dollars ($200.00) per tank.

C.

Failure to secure a permit to operate an existing facility within sixty (60) days of the effective date of said ordinance, and/or final inspection of a new system shall increase the permit fee by four hundred dollars ($400.00) per tank.

D.

Failure to renew an existing permit within 60 days prior to its expiration date shall increase the permit fee to one hundred dollars ($100.00) per system.

E.

Failure to notify the division of any leak shall result in a five hundred dollar ($500.00) per day fee and payment at any and all county costs related to the detection and abatement of the leak. In addition to the five hundred dollar ($500.00) per day penalty the fee shall commence at the time of detection of the leak and shall continue until the abatement of the leak. For purposes of this section a day shall be any twenty-four (24) hour period.

F.

Failure to complete necessary applications or receive building inspection division approval of a permit to transfer within thirty (30) days of a change of ownership shall increase the permit by one hundred dollars ($100.00) per tank.

G.

Any state-mandated penalty shall be in addition to those set forth here and above.

H.

Failure of the owner/operator to submit the annual monitoring fee to the division prior to the annual expiration date shall increase the annual monitoring fee for that calendar year by fifty dollars ($50.00) per system.

(Prior code § 91104.00)

Any person, firm or corporation violating any provision of division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in county jail for not to exceed six months or both fine and imprisonment. Each separate day or portion thereof during which any violation of this code occurs or continues shall constitute a separate offense and upon conviction thereof shall be punishable as herein provided.

(Prior code § 91104.01)

91104.02 - Effective date.

Registration and permit to operate procedure shall become effective upon the effective date of the ordinance codified in this division.

(Prior code § 91104.02)

91104.03 - Citations.

The building official or designee(s) having the authority by Division 13 to issue citations, against any person, firm or corporation that is in violation of any provision of this division and/or any section, article, or regulation of the adopted codes, may issue a citation to effect compliance with all applicable laws, ordinances, and/or regulations.

(Prior code § 91104.03)

Division 12 - MOBILE HOME PARKS PROGRAM

Chapter 1 - ASSUMPTION OF RESPONSIBILITY FOR MOBILE HOME PARKS AND TRAVEL TRAILER PARKS[[28]]

Footnotes:

--- ( 28 ) ---

Editor's note— Sec. 9 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 1, which pertained to the same subject matter, consisted of §§ 91201.00—91201.09, and derived from the prior code. Section 10 of said ordinance enacted provisions to read as herein set out.

91201.00 - Assumption of responsibility for enforcement.

Pursuant to Section 18300 of the Health and Safety Code, the County of Imperial hereby assumes responsibility for enforcement of Division 13 Part 2.1 (Section 18200 et seq.) of the Health and Safety Code as well as the responsibility for enforcing the building standards as published in the State Building Standards Code relating to mobile home parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps, and the related administrative regulations (collectively referred to as "the Act").

(Ord. No. 1565, §§ 9, 10, 12-15-20)

The county of Imperial (planning and development services department) shall be the enforcement agency as defined by Section 18207 of the Health and Safety Code and will assign, at a minimum, one inspector plus other necessary qualified personnel within the building inspection division of the planning department for actual enforcement. The planning/building official shall be the county's responsible project manager and assigned liaison to the state for this purpose.

(Ord. No. 1565, §§ 9, 10, 12-15-20)

91201.02 - Purpose.

The county of Imperial desires to implement the Mobile Home Park Act (Program) at the local level rather than through the Housing and Community Development Department, state of California.

This will allow park residents, owners, operators, and developers to work with the local agencies in a more convenient manner, assist the state in meeting its obligation and facilitates permit streamlining.

(Ord. No. 1565, §§ 9, 10, 12-15-20)

91201.03 - Program and objectives.

The County hereby adopts the program and objectives as set forth in the provisions of the Health and Safety Code Division 13 Part 2.1 (Section 18200 et seq.) and related administrative regulations.

Specified local objectives include, but are not limited to, the following: maintenance of open space and adequate light and ventilation; reduction of the threat of fire; and provisions of adequate public utilities, including water and sewer. The County intends to continue the standard of enforcement heretofore assumed by the State and to cause facilities to be brought into compliance as contemplated by the Act. Inspection of the mobile home parks which are in compliance will be undertaken to assure continued compliance with the Act. The County intends to enforce and implement the program to include all parks currently under jurisdiction of the department of Housing and Community Development and any new parks.

(Ord. No. 1565, §§ 9, 10, 12-15-20)

91201.04 - Effective date.

The effective date of the assumption of responsibilities was and shall be December 31, 1984.

(Ord. No. 1565, §§ 9, 10, 12-15-20)

91201.05 - Fees.

The County of Imperial hereby adopts the fee schedules as contained in the provision of the Health and Safety Code Division 13 Part 2.1 and the related administrative regulations, and as amended from time to time.

(Ord. No. 1565, §§ 9, 10, 12-15-20)

Chapter 2 - PARK MODELS AND RECREATIONAL VEHICLES STANDARD

Members of the engineering profession and others associated with the design, manufacture, and inspection of recreational park trailers have been aware of the need for a standard providing for healthful and safe portable, seasonal housing, arranged and equipped to assure suitable living conditions. They have also recognized that because of conditions of transport, size and use, existing standards for permanent buildings and recreational vehicles are not completely applicable to recreational park trailers. It is with these factors in mind that this standard has been developed.

In determining the acceptability of installation or procedures, equipment or materials, the authority having jurisdiction may base acceptance on compliance with this or other appropriate standards. In absence of these standards, said authority may require evidence of proper installation, procedure or use. The authority having jurisdiction may also refer to the listings or labeling practices of an organization concerned with product evaluation, which is in a position to determine compliance with appropriate standards for current production of listed items.

(Ord. No. 1565, § 10, 12-15-20)

91202.01 - Definitions.

Recreational Park Trailer. A trailer type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use that meets the following criteria:

a)

Built on a single chasis mounted on wheels.

b)

Having a gross trailer area not exceeding four hundred (400) square feet (37.15 square meters) in the set up mode and if less than three hundred twenty (320) square feet (29.72 square meters) in the setup mode would require a special movement permit for highway transit.

c)

Certified by manufacturer as a complying with ANSI A119.5.

Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use, that either has its own motive power, or is mounted on, or towed by another vehicle. The basic entities are: camping trailer, fifth wheel trailer, motor home, travel trailer and truck camper.

These definitions are common to:

•

The Recreational Park Trailer Standard.

•

The 2019 Mobile Home Residency Law.

•

The Health and Safety Code.

•

The Regulations for Mobile Home Parks and Recreational vehicle parks.

•

The Manufactured Home Procedural and enforcement regulations.

(Ord. No. 1565, § 10, 12-15-20)

91202.02 - Regulations.

Earlier RV Exemptions did not establish a bright line between RV's, which are designed for temporary, seasonal, or recreational use, and manufactured housing which is designed to be permanent, year-round dwelling.

In the fall of 2014, HUD determined that some manufacturers were producing park model recreational vehicles (PMRVs) also known as recreational park trailer, which were in excess of the recreational vehicle exemption's 400 square feet threshold.

HUD asserts that its requirement is distinguishable from the RV industry association's because (1) HUD's requirement for a manufacturer's notice applies to all RVs built and certified to ANSI AI19.5-15 standards, not just RVs with the RV Industry Association seal; and (2) HUD requires its notice to be placed more conspicuously than the RV Industry Association seal and serves to inform consumers about the standards to which the unit was built, which the agency's belief differs from the purpose of an RV Industry Association seal.

"The Manufacturer of this unit certifies that it is a park model recreational vehicle designed only for recreational use, and not for use as a primary residence or for permanent occupancy. The new rule creates a clear distinction between manufactured housing and recreation vehicles. This provides regulatory certainty. The rule took effect on January 15, 2019.

A recreational vehicle is a vehicle, regardless of size, which is not designed to be used as a permanent dwelling, and in which the plumbing, heating, and electrical system contained therein may be operated without connection to outside utilities and which are self-propelled or towed by a light duty vehicle.

New installation of recreational vehicles in an approved RV park may be located and occupied for a maximum of thirty (30) days, except that the transient use may be extended for temporary management, seasonal workers or as convenient subject to the following:

a)

Persons occupying vehicles with total hook-up capacity, including sewer, water and electricity, shall not occupy any space in a recreational vehicle park for a period exceeding one hundred fifty (150) days in any twelve-month period.

b)

Persons occupying vehicles with less than total hook-up capacity shall not occupy any recreational vehicle park for a period exceeding ninety (90) days in any twelve-month period.

c)

All vehicles within the park shall be kept mobile so that they may be moved within one hour if required.

d)

Adequate space shall be provided within each recreation vehicle space to accommodate one additional vehicle for the purpose of off-street parking.

e)

All recreational vehicles within the park shall be duly licensed and active with the department of Motor Vehicles (DMV) and operational at all times.

f)

The recreational vehicle park manager shall maintain a log of the names of persons and dates of occupancy of spaces. The log shall be made available to a code enforcement officer as to compliance with these occupancy limitations.

The County takes into consideration any special condition as location, physical environment, density of usage, type of operation, type of vehicles to be accommodated, and duration of occupancy, reasonable and necessary for the protection of life and property.

If a recreational vehicle (RV or PMRV) with a transient permit is extended and therefore considered a permanent dwelling, it shall conform to the definitions in Chapter 2 of Title 9 Division 10. A certification by a national recreational vehicle inspection association (NRVIA) must be submitted to the Planning and Development services Department. And, every five years since then and must be approved by the department, and the designated RV space or lot must have a permanent constructed utilities closet with the required dimensions, doors, ___and ventilation; the appliances or equipment with the required hot and cold water; sewer and electrical connections, and transition fittings for the RV systems.

Technical Service Fee: Any person or RV Park issued a notice indicating violations pursuant to this section, shall obtain the required permit from the enforcement agency and pay the appropriate fee as prescribed in this article:

a)

Fees for technical services provided by the enforcing agency shall be:

a.

One hundred ninety-six dollars ($196.00) providing the technical service does not exceed one hour. When the technical service exceeds one hour, the following fees shall apply:

i.

Second and subsequent whole hours: eighty-two dollar ($82.00).

ii.

Each thirty (30) minutes, or fractional part thereof: forty-one dollars ($41.00).

(Ord. No. 1565, § 10, 12-15-20)

91202.03 - Unlawful occupancy.

It is unlawful to rent a space for travel trailer, tent, or other vehicle used for living and/or sleeping, which is unsightly. It shall be refused by the owner or operator of the RV Park to every owner or occupant of a travel trailer, Tent, or other vehicle which is unsightly (including, but not limited to: damaged roofing or siding materials, damaged/missing windows, doors or screen doors, cracked or peeling exterior paint, and more) or is a fire hazard, or health menace as determined by the Imperial County Planning and Development Services Department.

New Occupancy. The person who holds the license for the operation of an RV park shall not allow a newly installed recreational vehicle to be occupied unless he has ascertained that all code and ordinance requirements regarding that installation have been met.

"Defaulting Occupant" means an occupant who fails to pay for his/her occupancy in a park or who fails to comply with reasonable written rules and regulations of the park given to the occupant upon registration. (Ord. No. 1565, § 10, 12-15-20)

91202.04 - RV removal.

At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobile home park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified under Section 91202.03, Unlawful occupancy. It shall contain the telephone number of the local traffic law enforcement agency. Nothing in this Section shall prevent management from additionally displaying a sign in other locations within the park.

l be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified under Section 91202.03, Unlawful occupancy. It shall contain the telephone number of the local traffic law enforcement agency. Nothing in this Section shall prevent management from additionally displaying a sign in other locations within the park.

A written seventy-two-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within seventy-two (72) hours after receipt of the notice, Management has authority to have the Recreational Vehicle removed from the lot to the nearest secured storage facility. Subsequent to serving a copy of the notice specified in this article to the city police or county sheriff, whichever is appropriate, and after the expiration of seventy-two (72) hours following service of the notice on the defaulting occupant, the police or sheriff shall remove or cause to be removed any person in the recreational vehicle. Management may then remove or cause the removal exercising reasonable and ordinary care of a defaulting occupant's recreational vehicle parked on the premises of the park to the nearest secured storage facility. The notice shall be void seven days after the date of service of the notice.

(Ord. No. 1565, § 10, 12-15-20)

Division 13 - ENFORCEMENT Chapter 1 - GENERAL PROVISIONS

91301.00 - Purpose and application.

The purpose of this division is to provide for the enforcement of this title. All persons are hereby on notice of the proceedings and penalties involved if any provision of this title is violated. The procedures contained in this chapter do not limit or modify the authority of the county of Imperial to pursue enforcement actions under any other federal, state or local law, rule or regulation.

It is the further purpose of this title to impose upon property owners the responsibility to maintain, use or require that their real property and appurtenances be maintained and used in accordance with the county land use ordinances. Accordingly, it is made unlawful for any property owner to maintain or use, or allow the maintenance or use of their real property and appurtenances in violation of the county land use ordinances. All violations will be treated as strict liability offenses.

The enforcement officer shall have the authority and powers necessary to ensure compliance with the provisions of the county land use ordinances and applicable state laws, rules and regulations. These powers include the power to issue notices of violation and field citations, to inspect public and private property and to use whatever administrative and judicial remedies available.

(Prior code § 91301.00)

91301.01 - Definitions.

For the purpose of this division, certain words are defined as follows:

"Abatement costs" means any costs or expenses reasonably related to the abatement of conditions which violate county land use ordinances, and shall include, but not be limited to, enforcement, investigation and administrative costs, attorneys fees, and the costs associated with the removal or correction of the violation.

"Administrative costs" includes staff time reasonably related to enforcement, for items including, but not limited to, site inspections, investigations, summaries, reports, notices, telephone contacts and correspondence. For purposes of this division, the term "staff" shall include any county employee, regardless of employment status.

"County land use ordinances" means this Title 9.

"Enforcement officer" includes the director of planning, building official, director of environmental health, sheriff, director of public works and their designees.

"Permit" includes any permit, license, authorization or entitlement issued by the county of Imperial.

"Person" means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

(Prior code § 91301.01)

91301.02 - No permits to be issued.

A.

No permit shall be issued, and no department, official or employee of the county of Imperial shall issue a permit, unless it is in accordance with all the provisions of Imperial County Codified Ordinances. Further, no permit shall be issued to any person who at the time such permit is ready to be issued has failed to pay any fines or penalties assessed for violations of the county land use ordinances. Any permit issued contrary to the provisions of Imperial County Codified Ordinances shall be void and of no effect.

B.

No permit, whether ministerial or discretionary, shall be issued for any building, structure or use on a parcel of land if the department, official or employee authorized to issue such permit is aware that a violation of the county land use ordinances exists, unless such permit directly results in the abatement of the violation.

(Prior code § 91301.02)

Upon the presentation of proper credentials, the enforcement officer, or designee, is authorized to enter upon any property or premises to ascertain whether the provisions of the county land use ordinances and applicable state law are being obeyed. The enforcement officer may make any examinations or surveys as may be necessary for the performance of their enforcement responsibilities. The enforcement officer may take photographs, samples or other physical evidence. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement officer may seek an administrative inspection warrant pursuant to the Code of Civil Procedure Section 1822.50 et seq.

(Prior code § 91301.03)

The enforcement officer, or designee(s) have the authority pursuant to Section 1.12.020 of the Codified Ordinances of the county of Imperial to issue citations against any person, firm or corporation that is in violation of any provision of this division and/or any section, article, or regulation of the adopted codes, may issue a citation to effect compliance with all applicable laws, ordinances, and/or regulations.

The citation shall be issued only by duly qualified personnel and upon the format approved by the courts.

(Prior code § 91301.04)

The enforcement officer is authorized to issue notices to appear in court as prescribed by Chapter 5(c) of Title 5, Part 2 of the Penal Code, commencing with Section 853.5. If a violator to whom a notice is given fails to give his or her promise to appear, the enforcement officer shall request the assistance of a peace officer to take the individual into custody or shall refer the notice to appear to the district attorney.

(Prior code § 91301.05)

The enforcement officer shall not exercise the power to issue citations authorized by this chapter, unless he or she shall first have completed a course of training that meets the minimum standard prescribed by the

commission on peace officers standards and training as established by Section 832(a) of the Penal Code.

(Prior code § 91301.06)

91301.07 - Violation of promise to appear.

Any person who wilfully violates his or her written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge set forth in the notice to appear.

(Prior code § 91301.07)

91301.08 - Warrant for arrest for failure to appear.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.6 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after his or her failure to appear as promised.

(Prior code § 91301.08)

91301.09 - Authorization to make arrests.

Pursuant to Penal Code Section 836.5, the enforcement officer is authorized to make arrests without warrant, subject to the limitations set forth in this Division 13, where there is a reasonable cause to believe that the person arrested has violated a statute or ordinance which the enforcement officer has the duty to enforce.

(Prior code § 91301.09)

Chapter 2 - NUISANCE; ABATEMENT[[29]]

Footnotes:

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Editor's note— Sec. 9 of Ord. No. 1454, adopted Oct. 27, 2009, rescinded Chapter 2, Sections 91302.00 through 91302.02, which pertained to similar subject matter, and derived from the prior code. Sec. 10 of Ord. No. 1454 enacted new provisions to read as herein set out.

91302.00 - Purpose.

This chapter is intended to be an alternative procedure for the abatement of any public nuisance. A violation of any statute, regulation or ordinance enforced by the county constitutes a nuisance. It is intended to provide a uniform procedure for notification, right of appeal and assessment of costs and collection thereof for the abatement of public nuisances. This chapter may be used in conjunction with procedures established in Title 1 of this code. The administrative abatement procedure herein is intended to provide due process for all those who are required to abate a public nuisance.

(Ord. No. 1454, § 10, 10-27-09)

91302.01 - Nuisance: definition.

"Nuisance," as defined in Civil Code Section 3479, is anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street or highway.

Section 3479, is anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street or highway.

Any condition caused, maintained or permitted to exist in violation of any of the provisions of the county land use ordinances is declared unlawful and a public nuisance that may be abated consistent with the procedures provided for in this division, or in any other manner provided by law.

(Ord. No. 1454, § 10, 10-27-09)

91302.05 - Scope of chapter.

Whenever a public nuisance is declared, it may be abated in accordance with the procedures provided in this chapter. Nothing in this chapter shall be construed to limit the right and duty of any county officer to take immediate action to preserve or protect public health or safety. The procedures set forth in this chapter are not exclusive but are cumulative to all other civil and criminal remedies provided by law. The seeking of other remedies shall not preclude the simultaneous commencement of proceedings pursuant to this chapter.

(Ord. No. 1454, § 10, 10-27-09)

91302.06 - Abatement of public nuisance.

This chapter is enacted pursuant to Government Code Section 25845 and is intended to be an alternative procedure for the abatement of any public nuisance declared to be a violation of any statute, regulation or ordinance enforced by the county. It is intended to provide a uniform procedure for notification, right of appeal, assessment of costs and collection thereof for the abatement of public nuisances.

(Ord. No. 1454, § 10, 10-27-09)

91302.07 - Summary abatement.

Pursuant to Government Code Section 25845(a), the code enforcement officer is authorized to summarily abate public nuisances determined by the code enforcement officer to constitute an immediate threat to public health or safety. The nuisance may be summarily abated by any reasonable means and without notice or hearing when immediate action is necessary to protect against the existence of a dangerous condition or imminent threat to life or safety on public or private property. Summary abatement actions shall not be subject to the notice and hearing requirements of this chapter. Summary abatement actions may be initiated after commencement of proceedings pursuant to this chapter, if immediate action becomes necessary to preserve or protect the public health or safety. Summary abatement shall be limited to actions that are

reasonably necessary to immediately remove the threat. In the event a public nuisance is summarily abated, the code enforcement officer may keep an account of the cost of abatement and such costs shall be charged to the responsible party. If the bill is not paid within fifteen (15) days from the date of mailing, the code enforcement officer may proceed to obtain a special assessment and lien against the property in accordance with the procedures set forth in this code.

(Ord. No. 1454, § 10, 10-27-09)

91302.08 - Nuisance declared.

A code enforcement officer may declare a public nuisance for any reason specified in any county ordinance. Upon a public nuisance being declared, the code enforcement officer shall issue a notice and order to abate substantially in the following form:

NOTICE AND ORDER TO ABATE

NOTICE IS HEREBY GIVEN THAT _______ [specify the condition constituting the nuisance] is in violation of Section ________ [insert section number] of the county of Imperial Codified Ordinances ________ [or other applicable statute]. The violation is declared a public nuisance. The public nuisance is on property located at _______ [insert address or other legal property description].

YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ___ (___) [insert a reasonable number of days (not less than ten)] consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by _______ [insert desired action which, if taken, will adequately remedy the situation (for example, removal, demolition or repair)]. The nuisance must be abated by ________ [insert date certain]. If you fail to abate the public nuisance by the above date, the county may order its abatement by public employees, private contractor or other means, and the cost of said abatement may be levied and assessed against the property as a special assessment lien or billed directly to the property owner.

YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT but any such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the reasons for the appeal; contain your name, address and telephone number; be accompanied by an appeal fee of ___ dollars ($___); and be submitted to the Director of Planning and Development Services at the following address:

801 Main Street El Centro, CA 92243

ISSUANCE DATE: _______ insert date that the county issues the notice]

_____ (Name, address and telephone number of officer issuing this notice)

(Ord. No. 1454, § 10, 10-27-09)

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91302.09 - Administrative abatement, procedure.

These procedures shall be followed when it is necessary to correct or remove the conditions giving rise to a nuisance.

A.

First Notice. If the code enforcement officer determines that public or private property or any portion thereof is being maintained or permitted to exist in a manner prohibited by the provisions of any county land use ordinance, the code enforcement officer shall give written notice requiring abatement of the condition to all responsible parties concerned. The notice shall specify the following:

The manner in which the conditions on the property violate the provisions of county land use ordinances or other ordinances;

2.

The corrective actions required to abate the violation;

3.

Notice that failure to bring the property into compliance with the code could subject the owner and other responsible parties to civil and criminal penalties; and

4.

Notice that failure to bring the property into compliance with the code could result in the imposition of a lien on the property for costs related to the enforcement of the ordinances and abatement of the conditions.

The failure of the notice to set forth all required contents shall not affect the validity of the proceedings.

B.

Manner of Giving Notice. The code enforcement officer may give personal notice. Alternatively, the code enforcement officer shall send a copy of the notice by registered or certified mail, postage prepaid, return receipt requested, to the owner of the property, as such person's name and address appears on the county equalized assessment roll, to each mortgagee or beneficiary under any recorded deed of trust or holder of any recorded lease and to the holder of any other asset or interest in the property, at the last known address of such interest holders. Service by mail shall be deemed complete at the time of deposit in the mail. In the event that the code enforcement officer cannot give notice in the manner provided above, the code enforcement officer shall post a copy of the notice in a conspicuous place on the property. The failure of any owner or other person, including any mortgagee or beneficiary or lease holder as mentioned above, to receive such notice shall not affect the validity of the proceedings.

C.

Second Notice. If the first notice is not complied with in a timely manner, a second notice shall be given. Such second notice shall be sent to all responsible parties. The notice shall direct all responsible parties to appear at a hearing before the planning commission at a stated date, time and place to show cause why the conditions on the property should not be abated. The hearing shall be set not less than fifteen (15) days after service of the second notice. Prior to the hearing, a copy of the first and second notices and proof of service shall be filed with the planning commission. The failure of any responsible party to receive such notice shall not affect the validity of the proceedings.

D.

Hearing. At the time fixed in the second notice, the planning commission shall receive evidence regarding the conditions of the property or any other relevant matter presented by any interested person. In conducting the hearing, the planning commission shall not be limited by the technical rules of evidence. Upon the conclusion of the hearing, the planning commission shall make its decision and it may declare the conditions on the property to be in violation of county ordinances and, therefore, a public nuisance. The decision shall be

ny other relevant matter presented by any interested person. In conducting the hearing, the planning commission shall not be limited by the technical rules of evidence. Upon the conclusion of the hearing, the planning commission shall make its decision and it may declare the conditions on the property to be in violation of county ordinances and, therefore, a public nuisance. The decision shall be

mailed to all parties concerned or be posted on the property, in the same manner as the first notice. If the planning commission determines there is a public nuisance, it shall direct the responsible parties to abate the conditions on the property within forty-five (45) days after service of the decision. If the responsible parties fail to abate the conditions on the property within such time, the county may abate those conditions. If the county abates the conditions, after a hearing, the costs of abatement shall be a lien on the property which may be collected by an assessment against the property pursuant to Government Code Sections 25845 and 54988 or by any other means provided by law. The planning commission may grant any extension of time to abate such conditions that it may deem justifiable upon a showing of good cause.

E.

Appeal to Board of Supervisors. The decision of the planning commission shall be final unless appealed to the board of supervisors within ten (10) days of the date of the service of the planning commission's decision.

F.

Time to Bring Action. Unless a responsible party files a writ in a court of competent jurisdiction within ninety (90) days after the date of service of the board of supervisors' decision, all objections to the proceedings and decision shall be deemed to have been waived.

G.

Time to Bring Action—Administrative Fines or Penalties; Notice; Time to Appeal to Superior Court. A final decision shall be issued by the board of supervisors or other authorized person. The date of mailing of the final decision to the party by first class mail, with certificate of service attached, shall constitute the date of the exhaustion of administrative remedies. A party shall be advised that it has ninety (90) days, pursuant to the California Code of Civil Procedure Section 1094.6, from that date in which to file for a writ of mandamus or other applicable judicial review, except that if the determination is made as to a decision imposing an administrative penalty, fine or charge either under Chapter 1.41 of this code or under this Title, the time to appeal to the superior court is limited to 20 days pursuant to California Government Code Section 53069.4. Failure to file for judicial review within the applicable time limit makes the final decision nonappealable and confirmed. Until a timely request for judicial review is filed, enforcement of the final decision may proceed in due course.

H.

Jurisdiction to Abate. After the applicable ninety-five (95) days after service of the board of supervisors' decision or twenty-five (25) days in the case of administrative penalty, fine or charge, the county shall have jurisdiction to abate such conditions, unless the board of supervisors grants an extension of time.

I.

Statement of Expense/Notice of Intent to Lien. The county shall mail, by certified and regular mail, and shall cause to be posted conspicuously on the property, a verified statement showing the abatement costs, together with a notice of the date, time and place for the hearing on the statement shall be heard by the board of supervisors. The statement of expense shall include a notice that failure to pay the expenses shall result in a lien upon the property. The date for such hearing shall be not less than fifty (50) days after the posting and mailing of the statement of expense. A copy of the statement of expense and notice shall be

mailed to all responsible parties in the manner as prescribed for the first notice. All supporting documentation and proofs of service shall be filed with the clerk of the board prior to any hearing.

J.

Hearing on Statement of Expense. At the time fixed for the hearing on the statement of expense, the board of supervisors shall consider the statement of expense, together with any objections that may be raised by the responsible parties. The board of supervisors may make any such revision, correction or modification in the statement of expense as it may deem just and thereafter shall render its decision on the statement of expense. The board of supervisors' decision on the statement of expense and all protests and objections that may be made shall be final and conclusive.

K.

Payment - Lien. If payment of the amount due established in the statement of expense is not made within ten (10) days after the board of supervisors' decision, the county may transmit the statement of expense and the board of supervisors' decision to the county auditor-controller. The auditor-controller shall place the amount on the assessment roll as a special assessment on the property to be paid with county taxes, unless sooner paid. A notice of lien, including the following information, may be recorded with the county clerk/recorder:

1.

A description of the real property affected, including the assessor's parcel number;

2.

A summary of the action taken to abate the subject condition;

3.

The date upon which abatement of the nuisance was ordered by the board of supervisors;

4.

The date the abatement was complete; and

5.

The amount of the lien claimed by the county.

L.

Release of Lien. Upon payment of the abatement costs in full, or upon order of the board of supervisors, if a lien has been recorded, the county shall execute and record a release of the lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the county, the auditorcontroller shall cancel the assessment on the roll.

M.

Incurring Expense. The county is authorized to pay the cost of a title search to determine the responsible parties, mailing expense and the expense of all work done or caused to be done by the county in the

abatement of the subject condition. All such costs shall be included in the statement of expense.

N.

Continuances - Decision. The board of supervisors may continue any hearing for any amount of time. Upon the conclusion of the hearing, the board of supervisors shall render its decision within fifteen (15) days.

O.

Other Remedies. The provisions of this chapter are to be construed as an added remedy of abatement and not in derogation of any other actions, proceedings or remedies otherwise provided by law.

(Ord. No. 1454, § 10, 10-27-09)

Chapter 3 - MODIFICATION, SUSPENSION OR REVOCATION OF PERMITS

91303.00 - Grounds.

Any permit may be modified, suspended or revoked for any of the following reasons:

A.

The permit was obtained or extended by misrepresentation or fraud.

B.

One or more of the conditions upon which the permit was issued have been violated or not implemented.

C.

The use permitted is conducted in a manner that constitutes a nuisance or is detrimental to the public health, welfare or safety.

(Prior code § 91303.00)

91303.01 - Initiation of action to modify, suspend or revoke a permit.

An action to modify, suspend or revoke a permit may be initiated by the board of supervisors or the planning commission on its own motion or upon the request of the enforcement officer to the planning commission.

(Prior code § 91303.01)

91303.02 - Notice and hearing.

An action to modify, suspend or revoke a permit shall be subject to the procedures set out for administrative abatement.

(Prior code § 91303.02)

Chapter 4 - CIVIL ACTIONS

91304.00 - Injunctive relief and abatement.

Whenever, in the judgment of the enforcement officer, any person is engaged in or about to engage in any act or practice which constitutes or will constitute a violation of any provision of Imperial County land use ordinances or any rule, regulation, order, permit or conditions of approval, upon the request by the enforcement officer, the county counsel or district attorney may commence proceedings for the abatement, removal, correction and enjoinment thereof, and requiring the violator to pay civil penalties and/or abatement costs.

(Prior code § 91304.00)

Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who wilfully violates the provisions of Imperial County land use ordinances or any rule, regulation, order or conditions of approval issued thereunder, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each day or portion thereof, that the violation continues to exist. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the violator.

(Prior code § 91304.01)