Imperial County Municipal Code Ch. 9 Recovery of Costs Where No Permit Is Required to Cure Violation

The following sections establish procedures for the recovery of administrative costs in cases where no permit is required to cure a violation. The intent of this chapter is to recoup administrative costs reasonably related to enforcement.

(Prior code § 91309.00)

The enforcement officer shall maintain records of all administrative costs, incurred by responsible county departments, associated with the processing of violations and enforcement of county land use ordinances and shall recover such costs from the property owner as provided herein.

(Prior code § 91309.01)

Upon investigation and determination that a violation of any of the provisions of county land use ordinances is found to exist, the enforcement officer shall notify the record owner, or any person having possession or control of the subject property, of the existence of the violation(s), by issuing a notice of violation in person, by mail, or by posting the notice on the property in a conspicuous place. The notice shall also indicate the department's intent to charge the property owner for all administrative costs associated with enforcement and of the owner's right to a hearing on objection thereto.

The notice shall be in substantially the following form:

NOTICE OF VIOLATION

The department of ___________ has determined that conditions exist at the property at ___________, Assessor's Parcel Number ___________, which violate Section(s) ___________ of the Imperial County Ordinance No(s),

to wit:

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violation(s).

You will have the right appeal this Notice of Violation or to object to these charges by filing a Request for Hearing with the planning commission within ten (10) days of service of the summary of charges, pursuant to Section 91309.03 of Imperial County Codified Ordinances.

(Prior code § 91309.02)

Within ten (10) days of issuance of a notice of violation, the enforcement officer shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. If the owner and/or person having possession of control of the subject property cannot be located, the enforcement officer shall post a copy of the summary of costs at a conspicuous location on the property.

(Prior code § 91309.03)

Any decision of the enforcement officer, including the determination of costs of enforcement. The appeal shall be heard by the planning commission which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The enforcement officer shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the planning commission shall not be limited by the technical rules of evidence.

(Prior code § 91309.04)

A request for hearing on the notice of violation and/or summary of costs shall be filed in writing with the planning commission within five days of the service by mail or posting of the summary of costs, on a form provided by the department. Within forty-five (45) days of the filing of the request, and on ten (10) days' written notice to the owner, the planning commission shall hold a hearing on the owner's objections, and determine the validity thereof.

(Prior code § 91309.05)

In determining the validity of the costs, the planning commission shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner acted promptly to correct the violation; and whether reasonable minds can differ as to whether a violation exists.

(Prior code § 91309.06)