Imperial County Municipal Code Ch. 1.41 Administrative Compliance and Enforcement Procedures

A. It is the purpose and intent of the board of supervisors to establish administrative procedures for obtaining prompt compliance in the correction of both major and minor violations of the county of Imperial Codified Ordinances and state law. The procedures authorized or identified by this chapter are the following: Notices of violation; administrative citations; nonissuance of permits; cease and desist orders; civil penalties; abatement of nuisances; recordation of notices of violation; authorization to charge reinspection fees; cost recovery for costs of enforcement; confirmation of costs; and recordation of liens and assessments for cost recovery.

B. The administrative compliance and enforcement procedures established in this chapter shall be available in all instances and for all county departments unless superseded by another chapter of this code or by alternative administrative compliance and enforcement procedures provided by this code or state law.

C. The procedures in this chapter and this code may be used as a supplement to criminal or judicial enforcement action, or both, or in lieu thereof. Selection of one method shall not preclude the use of any other method or combination of methods when appropriate. Nothing in this chapter precludes the use of other procedures in this code that may be used to achieve compliance.

(Ord. No. 1454, § 6, 10-27-09)

Recovery of fees costs or charges incurred in any violation other than a nuisance are subject to the limitations of Government Code Section 54988 and Government Code Section 53069.4.

(Ord. No. 1454, § 6, 10-27-09)

A. A notice of violation is generally, but not always, the first enforcement mechanism to be used. Any violations of the code may be corrected through the issuance of a notice of violation to the responsible party requiring certain actions to be taken to correct the violation. The responsible party shall have a reasonable period of time in which to correct the violation, but not less than ten (10) calendar days except in an emergency situation. Failure to comply within the time prescribed may result in additional enforcement action.

B. An administrative citation may also be used as a first enforcement mechanism. An administrative citation is a notice to the responsible party that mandates the corrective action and establishes a fine as a penalty for a violation. Subsequent administrative citations may be issued with increased penalty. Corrective action that may be required of a responsible party includes, but is not limited to, the removal of encroachments into public property, the mitigation or restoration of land or adjoining property for illegal grading or development, the removal of blockages of drainage ways and the removal of structures to rectify any code violation or cure any hazardous condition and the correction of the condition giving rise to the violation. It includes any other process necessary for abatement. In addition, the responsible party can be made subject to an order of abatement through which the corrective work will be undertaken by the county and the cost imposed as a lien against the property if the responsible party fails to respond.

C. A cease and desist order is an additional enforcement mechanism that can be issued to one or more responsible parties or other persons who perform work in violation of a permit or without a required permit or who are engaged in conduct that is a violation of state law and/or this code. Violation of the cease and desist order is a separate misdemeanor. A responsible party (or any person on scene actively engaged in activity which constitutes a violation under the direction of a responsible party) is subject to arrest without a warrant for continuing work in violation of the cease and desist order.

D. Civil penalties are an enforcement mechanism that may be used for continuing violations of state laws or this code.

E. Abatement is an additional enforcement mechanism that can be used if a responsible party fails or refuses to correct the violation. Proceedings may be undertaken to abate any violation or existing or resulting nuisance. An abatement order requires an owner or responsible party to correct any violation of state law and/or this code.

F. During the pendency of the violation and the enforcement process, a notice of violation may be recorded against the property describing the particulars of the violation. A notice of compliance shall be issued within a reasonable period following the abatement of the violation. A property owner may record this notice of compliance.

G. During the inspection and enforcement process, the cost of reinspection and the cost of county services to abate or correct the condition may be imposed upon the responsible party. These costs may be recorded as a lien against the property following the procedures under this chapter or the waiver thereof by the responsible party. Any and all responsible parties shall be jointly and severally liable for all costs and/or liens.

H. Various steps or procedures under this chapter may require notice and a hearing. When appropriate, notice and hearing requirements for separate administrative actions may be consolidated.

I. Each day a violation exists on real property constitutes a separate violation, and all remedies, penalties and assessments are cumulative.

(Ord. No. 1454, § 6, 10-27-09)

A. A code enforcement officer is authorized to serve a notice of violation upon a responsible party for any violation of the code. The notice of violation shall describe the following details of the violation:

1. The violation;

2. The date of the violation;

3. The location of the violation;

4. All applicable code sections;

5. The corrective action required;

6. Consequences for non compliance; and

7. A date for compliance.

B. In addition to the information set forth in paragraph A, the notice of violation shall also set forth the following:

1. That a reinspection fee will be imposed for all subsequent reinspections if compliance is not voluntarily obtained;

2. That an administrative citation may also be issued along with civil penalties until the property is brought into compliance;

3. That the responsible party will be allowed a minimum of ten (10) calendar days to correct minor violations and no less than thirty (30) calendar days for major violations;

4. That no right to hearing or appeal exists for a notice of violation; and

5. The potential costs and consequences that may ensue under this chapter if voluntary compliance is not obtained within the time prescribed. If the violation is corrected in accordance with the terms of the notice of violation, no costs or charges will be imposed.

C. The property shall be reinspected once for compliance. If the responsible party refuses to allow inspection after a reasonable demand, the code enforcement officer may obtain an inspection warrant pursuant to Code of Civil Procedure Section 1822.50. Failure of the responsible party to allow inspection or remedy the violation shall result in the issuance of an administrative citation, the charging of re-inspection fees or any other available administrative remedies or a separate criminal violation for the failure to allow inspection pursuant to CCP Section 1822.57.

D. If the violation also constitutes the performance of work without a required permit or in violation of an issued permit, the code enforcement officer may issue a cease and desist order to temporarily and immediately stop the work and to take any other action appropriate at that time. If the violation creates a hazardous condition that affects public safety or an imminent threat to life or safety, summary abatement may be initiated.

(Ord. No. 1454, § 6, 10-27-09)

A. Whenever a violation on real property remains uncorrected after a notice of violation has been issued, a copy of the notice of violation may be recorded in the real property records of the county of Imperial if the following prerequisites are met:

1. A violation has remained uncorrected on the property for at least thirty (30) calendar days following service of the notice of violation;

2. The owner, if not the responsible party, has been notified of the prospective recordation and been offered the opportunity to correct the violation;

3. The responsible parties and the property owner have been noticed and offered a hearing to contest the proposed corrective action and the proposed recordation;

4. If a permit is involved, the property owner and all of the responsible parties shall be notified that development permits shall be withheld during the time the property remains in violation, except for those permits that are necessary to bring the property into compliance.

B. The property owner and other responsible parties shall be issued a signed notice of compliance. The notice of compliance shall state that all violations have been corrected and any administrative penalties, costs and fines involved in the enforcement process have been paid. The property owner and other responsible parties may record the notice of compliance.

(Ord. No. 1454, § 6, 10-27-09)

After a notice of violation has been issued, no permits for development upon that property shall be issued, except for those permits necessary to correct the violation. A party whose permits are to be withheld shall receive notice and be offered a hearing in which to contest this decision.

(Ord. No. 1454, § 6, 10-27-09)

A. When excessive time and effort is necessary to obtain code compliance, initial inspection fees may be authorized.

B. When excessive time and effort is necessary to obtain code compliance, compliance inspection fees may be authorized.

C. The imposition of re-inspection fees are authorized to recover costs of obtaining compliance. All responsible parties are jointly and severally responsible for the reinspection fees.

D. Reinspection fees will be charged on the basis of actual staff time utilized for the inspection.

(Ord. No. 1454, § 6, 10-27-09)

A. A written cease and desist order may be issued and served upon any person violating a provision of the code through which work is being performed without a permit, if required, or in violation of an issued permit. Cease and desist orders are particularly appropriate for, but not limited to: unpermitted structures, facilities or operations such as retail food and/or solid waste facilities or unpermitted liquid waste haulers, unauthorized discharge of sewage/waste water. Other examples for which a cease and desist order is appropriate include, but are not limited to, violations of land grading, watercourse and water and sewer regulations and related work which alters the condition of real property or through which environmental degradation or pollution will continue to occur if not stopped immediately.

B. It is unlawful for any responsible party to whom a cease and desist order has been served to continue to perform work or to allow or permit another to continue to perform work in violation of the terms of that order. Continuation of work in violation of a cease and desist order shall constitute a separate misdemeanor and a public nuisance.

(Ord. No. 1454, § 6, 10-27-09)

A. An administrative citation is an alternative method of enforcement for minor violations of the code and applicable state codes.

B. The administrative citation may be issued to a responsible party for violation of this code or state law, and the responsible party may be required to pay an administrative fine. Administrative citations and penalties are particularly appropriate in cases of structural, building and zoning violations that do not create an immediate danger to health or safety if the responsible party has failed to correct the violation after the issuance of a notice of violation.

C. The amount of the administrative fine that may be imposed for each separate violation of the same code section is as follows:

1. One hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within the twelve (12) calendar months of the first violation; five hundred dollars ($500.00) for each additional violation occurring after the second violation and within twelve (12) months of any prior violation.

2. Payment of the administrative fine does not excuse compliance and corrective action regarding the violation. Although continuing violations of the codes are separate offenses, the responsible party shall be allowed a reasonable time of not more than thirty (30) days in which to correct the violation before a second or subsequent administrative citation may be issued.

3. A responsible party may request administrative review of an administrative citation.

E. The administrative citation shall contain the following information:

1. Date of the violation;

2. Address and location of violation;

3. Description of violation;

4. Codes and statutory sections that have been violated;

5. Corrective action required;

6. Time frame for completion of corrective action;

7. Notice of the fines to be imposed;

8. A date by which the fine must be paid;

9. Location for payment;

10. Notification that payment does not excuse correction of the violation;

11. Notice of right to request review.

F. A party filing a timely request for review shall post a deposit with the county. Enforcement of the administrative fine shall be stayed pending the decision after hearing if a hearing is requested. The deposit will be returned if the appeal is granted. A final order is not subject to judicial review after twenty (20) days have elapsed from the date of its issuance, unless the party complies with Government Code Section 53069.4. A final order may be enforced pursuant to Section 1.41.160 of this code.

(Ord. No. 1454, § 6, 10-27-09)

A. The administrative assessment of civil penalties established in this section is in addition to any other administrative or judicial remedy established by law that may be pursued to address violations of the code or statute.

B. Civil penalties may be assessed against a responsible party for continued violations of the code or statute that reflect a continuing disregard for the requirements of such laws. A notice and order may be issued to the responsible party assessing a civil penalty pursuant to this section. The civil penalty may be enforced against the responsible party as a lien pursuant to Section 1.41.160 of this code.

C. Except for violations of land grading ordinances contained in Title 9, Division 10, Chapter 10, of this code, civil penalties may be assessed at a daily rate not to exceed one thousand dollars ($1,000.00) per violation per day, and not to exceed a total of one hundred thousand dollars ($100,000.00) per tax assessor's parcel number in the case of unimproved real property or one hundred thousand dollars ($100,000.00) per each structure against which violations have existed on a single tax assessor's parcel number for any related series of violations.

D. Civil penalties under this section may be accrued retroactive to the date the violations were first discovered, as evidenced by the issuance of a notice of violation or any later date as determined. In determining the amount to be imposed on a daily rate, the following factors shall be considered:

1. Duration of the violation;

2. Frequency or occurrence of the violation;

3. Frequency or occurrence of other violations during the period of accrual;

4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or safety;

5. History of the violations;

6. Activity taken by the responsible party to obstruct or interfere with correction of the problem;

7. Good faith or bad faith efforts by the responsible party to comply;

8. The impact of the violation on the surrounding property and community;

9. The financial ability of the responsible party to have corrected the violation in a timely fashion.

F. Unless contested, the notice and order shall be final and be enforced. If contested, the hearing shall be limited to the following issues:

1. Whether the responsible party maintained a use or condition on real property that violated the code or statute on the dates specified; and

2. Whether the civil penalty assessed is consistent with the criteria expressed in this section. Whoever holds the hearing shall, however, exercise discretion and modify the penalties assessed to a level determined to be supported by the evidence meeting the criteria under of this section.

G. Should a finding be made at a hearing affirming the violation, a final order shall be issued that establishes a date for payment. If payment is not made on or before the due date, an enforcement lien shall be imposed upon the property.

(Ord. No. 1454, § 6, 10-27-09)

Procedures for the abatement of nuisances, when required for corrective action, are contained in Division 13 of Title 9 of this code.

(Ord. No. 1454, § 6, 10-27-09)

Pursuant to Government Code Sections 25845 and 54988 and the limitations identified in this code, costs and penalties that may be recovered and enforced against a responsible party under this chapter include, but are not limited to, the following:

A. Administrative costs;

B. County costs for equipment use or rental;

C. Administrative fines and civil penalties imposed pursuant to this chapter;

D. Any other fee, cost, or expense reasonably and rationally related to the county's enforcement efforts to abate a nuisance;

E. Such other fees and costs as the hearing officer deems is appropriate under the circumstances;

F. When applicable, treble damages recoverable pursuant to Government Code Section 25845.5;

G. In the event the county elects, at the initiation of any individual action or proceeding, the county may recover attorney fees.

All responsible parties shall be jointly and severally liable for all costs and penalties.

(Ord. No. 1454, § 6, 10-27-09)

Following a hearing or waiver thereof, a final order of confirmation of costs against the responsible parties may be issued.

(Ord. No. 1454, § 6, 10-27-09)

A. In accordance with Government Code Sections 54988 and 25845, the board of supervisors may enforce the confirmation of costs as follows:

1. As a personal obligation against a responsible party; and

2. Either as a recorded lien with the priority of a judgment lien in the real property records of the county against any real property which was the subject of abatement or corrective action; or

3. As an assessment against the property which was subject to abatement or corrective action, to be collected in the same manner as taxes.

B. The county is authorized to obtain judicial enforcement for the foreclosure of the lien. In addition, pursuant to Government Code section 25845.5, the board of supervisors may seek treble damages for the abatement costs where the corrective action arose out of or constituted a second or subsequent civil or criminal judgment within a two-year period, as provided for in that section.

(Ord. No. 1454, § 6, 10-27-09)

Upon payment in full by one or more responsible parties for all costs of enforcement and the satisfactory completion of all corrective action required, a notice of compliance shall be promptly issued to all responsible parties. The notice of compliance will be signed and identify the affected real property by address, legal description and assessor's parcel number. The responsible party may record the notice of compliance to extinguish any lien imposed pursuant to this chapter.

(Ord. No. 1454, § 6, 10-27-09)