Lake County Municipal Code § 13-56 Service of notice of imposition of administrative penalties

The Notice of Imposition of Administrative Penalties shall be served in the same manner as provided for in subsection 13-6.2 for service of a Notice of Violation.

(Ord. No. 3112, § 1, 9-21-2021)

56.1.1

A Responsible Person(s) may request a hardship waiver to reduce the amount of a penalty imposed pursuant to this article.

a. A hardship waiver for a fine reduction may be requested no later than fifteen (15) calendar days after the Administrative Violation is served. This Responsible Person(s) is required to make a showing that they have made a bona fide effort to comply after the first violation and that payment of the full amount would impose an undue financial burden on them. The head official of the Issuing Department, or their designee, is charged with reviewing fine reduction requests.

b. Any Responsible Party receiving a fee reduction pursuant to this paragraph retains the right to appeal the Administrative Violation pursuant to Section 13-56.1; however, the time for appeal shall not be extended due to any fine reduction request pursuant to this paragraph.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13-57. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.1 at the discretion of the editor.

56.2.1

Applicability. The Administrative Appeal procedure described in Section 13-56.2 is applicable to an appeal of all administrative citations other than High Severity Violations which Are Subject to an Expedited Review Process as described in Section 13-56.3 herein.

56.2.2

Initial Review. The Responsible Person may contest an Administrative Citation no later than ten (10) calendar days after the Administrative Violation is served. The appeal request must be in writing, specifying the basis for the appeal in detail, and filed with the administrative processing agency as indicated in the Administrative Citation.

The Initial Review will be completed by the head official of the Issuing Department or their designee.

a. If, following the initial review, the citation is upheld, the Responsible Person shall be notified by mail and informed of their obligation to pay the Administrative Fine within fifteen (15) days of the mailing, or of their right to request an Administrative Hearing.

56.2.3

Hearing Before the Board of Supervisors—Filing Requirements.

a. If the Responsible Person chooses to contest the outcome of the Initial Review, within fifteen (15) days of the mailing of the results of the Initial Review, the Responsible Person shall submit a written request, on an official form provided by the County, requesting an Administrative Hearing before the Board of Supervisors. Said form, hereinafter referred to as a Request for Administrative Hearing, shall include an advance deposit in the full amount of the Administrative Fine or one thousand dollars ($1,000.00), whichever is less, or written proof of financial hardship as specified in Section 13-53 herein. A hearing shall be scheduled with the Board of Supervisors when the aforementioned conditions are met.

b. In lieu of the advance deposit required, written proof of financial hardship, which shall be in the form of a declaration signed by the Responsible Person under penalty of perjury, along with supporting documentation as specified by the County, shall be filed with the Issuing Department.

c. A Responsible Person who fails to submit a Request for Administrative Hearing within fifteen (15) days, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the Initial Review and shall pay the Administrative Fine in accordance with the timeline set forth in paragraph (a)(1), above.

56.2.4

Hearing Date—Notice of Hearing. The hearing shall be set for a date that is not less than ten (10) days from the date of mailing of the notice of hearing. The notice of hearing shall state the date, time and place of the hearing and direct the property owners or occupant and other responsible parties to appear and show cause why the administrative fine should not be imposed. The Notice of Hearing may be delivered to the person(s) or may be mailed to the address(es) listed in the Notice of Appeal.

56.2.5

Continuances. The Board of Supervisors may, in their its discretion, grant or deny a continuance of the hearing date upon a request by the Responsible Person(s) or the Issuing Department and a showing of good cause.

56.2.6

Failure to Attend a Hearing. If the Responsible Person(s) or his or her representative fails to attend the scheduled hearing, he or she shall be deemed to have waived his or her right to an Administrative Hearing. Under these circumstances, the Board of Supervisors shall find the Responsible Person(s) in default, and shall issue a written notice to that effect. A default under this section shall constitute a forfeiture of the Administrative Fine and a waiver of any right to challenge the assessed Enforcement Costs and Administrative Costs. A default under this section shall also be a bar to judicial review of the hearing officer decision based upon failure to exhaust administrative remedies. A default under this provision may be set aside by the Board of Supervisors at the request of the Responsible Party upon a showing of good cause for failing to appear at the Administrative Hearing.

a. If a financial hardship waiver was granted and the Responsible Person is in default as provided above or a challenge to the citation is withdrawn pursuant to above, the Administrative Fine, Enforcement Costs, and Administrative Costs shall be due and payable by the Responsible Person(s) to the County within fifteen (15) calendar days following the date that had been set for the Administrative Hearing.

56.2.7

Withdrawal of Appeal. A Responsible Person(s) who has been issued an Administrative Citation and who has requested an administrative hearing to challenge the citation as provided in this article may request in writing that his or her challenge to the citation be withdrawn and the hearing cancelled. Upon receipt of a request to withdraw a challenge to the Administrative Citation, the County shall cancel the pending hearing, and issue a written notice to that effect. A withdrawal under this subdivision shall constitute a forfeiture of the Administrative Fine and a waiver of any right to challenge the assessed Enforcement Costs and Administrative Costs. A withdrawal under this subdivision shall also be a bar to judicial review of the hearing officer decision based upon failure to exhaust administrative remedies.

56.2.8

Procedures at the Administrative Hearing.

a. The Board of Supervisors shall hear all facts and testimony presented and deemed relevant. The hearing is informal in nature, and formal rules of evidence and discovery do not apply. The proceedings shall be audio-recorded by the County. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.

b. The Board of Supervisors shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the Administrative Citation has caused or maintained the violation(s) on the date(s) specified in the Administrative Citation.

c. The County bears the burden of proof at an administrative hearing to establish the existence of the Administrative Violation specified on the citation. The standard of proof in deciding the issues shall be preponderance of the evidence.

d. The Administrative Citation and any additional documents submitted by the Issuing Department shall be accepted by the Board of Supervisors as prima facie evidence of the respective facts contained in those documents. The Enforcement Officer, or if unavailable, his/her/their supervisor shall attend the hearing.

e. Each party shall have the opportunity to testify, cross-examine witnesses, and present witnesses and evidence in support of his or her case. Written and oral evidence submitted at the hearing shall be submitted under penalty of perjury. Documentary and other tangible evidence must be authenticated to the satisfaction of the Board of Supervisors. Nothing shall preclude the use of telephonic or other electronic means of communication if deemed appropriate by the Board of Supervisors.

f. The Board of Supervisors may continue the hearing as necessary. The decision of the Board of Supervisors shall be final upon adoption of an order containing its determination.

g. The Board of Supervisors' decision shall include that an aggrieved party may file a petition for review with the California Superior Court, County of Lake, pursuant to California Government Code § 53069.4. The failure of a responsible party to appear at the Administrative Citation hearing shall be deemed a failure to exhaust administrative remedies.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13-58. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.2 at the discretion of the editor.

56.3.1

Hearing Before the Board of Supervisors—Filing Requirements.

A Responsible Person(s) may request an Administrative Hearing before the Board of Supervisors within the time specified in the Notice of Violation, which time period shall be not less than ten (10) days and no more than fifteen (15) days from the date the Notice is issued. Said form, hereinafter referred to as a Request for Administrative Hearing, shall include an advance deposit in the full amount of the Administrative Fine or one thousand dollars ($1,000.00), whichever is less, or written proof of financial hardship as specified in Section 13-53 herein. A hearing shall be scheduled with the Board of Supervisors when the aforementioned conditions are met on the next available regularly scheduled meeting of the Board.

a. In lieu of the advance deposit required, written proof of financial hardship, which shall be in the form of a declaration signed by the Responsible Person(s) under penalty of perjury, along with supporting documentation as specified by the County, shall be filed with the Issuing Department within the time period specified in this Notice of Violation.

56.3.2

A Responsible Person(s) who fails to submit a Request for Administrative Hearing within the time to appeal specified in the Notice, or who fails to make the required deposit or provide written proof of financial hardship, will have waived the right to contest the violation(s) and shall pay the Administrative Fine as specified in subsection 56.3.1.

56.3.3

Hearing Date—Notice of Hearing. The expedited hearing shall be set for the next available regularly scheduled meeting of the Board of Supervisors. The notice of hearing shall state the date, time and place of the hearing and direct the property owners or occupant and other responsible parties to appear and show cause why the administrative fine should not be imposed. The Notice of Hearing may be delivered to the person(s) or may be mailed to the address(es) listed in the Notice of Appeal. The decision of the Board of Supervisors shall be final.

56.3.4

With the exception noted herein in subsections 56.3.2 and 56.3.3, the hearing procedure shall adhere to the requirements of Section 13-56.2 herein.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13-56.3. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.3 at the discretion of the editor.

56.4.1

Notice of Appeal. Within twenty (20) days of service of the Board's decision, a person may contest the decision by filing an appeal to be heard by the Superior Court. There is a court filing fee which must be paid to file the Notice of Appeal. Failure to file a written appeal and to pay the filing fee within this time period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the Notice of Appeal shall be served in person or by first class mail upon the Clerk of the Board of Supervisors.

56.4.2

Conduct of Hearing. The conduct of the appeal is a subordinate judicial duty and may be performed by a court commissioner and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the County's file in the case shall be received into evidence. A copy of the Notice of Imposition of Administrative Penalties and the Board's decision, shall be admitted into evidence as prima facie evidence of the fact stated therein.

56.4.3

Judgment. The court shall retain the filing fee regardless of the outcome of the appeal. If the court finds in favor of the Appellant(s), the amount of the fee, if paid, shall be reimbursed to the Appellant(s) by the County and any deposit of the fine or penalty shall be refunded by the County in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the Appellant(s), the County may proceed to collect the penalty pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13-60. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.4 at the discretion of the editor.

56.5.1

Any person(s) against whom an administrative penalty has been imposed shall pay the administrative penalty within fifteen (15) days of service of the Notice of Imposition of Administrative Penalties, not appealed to the Board of Supervisors, or within ten (10) days of service of the Board of Supervisor's decision on appeal. The enforcement official may take the action set forth in this section to collect the unpaid penalties.

56.5.2

An administrative penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing the day after payment is due.

56.5.3

The amount of any unpaid administrative penalty, plus interest, may be declared a lien on any real property owned by the responsible party(ies) within the County of Lake against whom an administrative penalty has been imposed, as follows:

a. Notice shall be given to the Responsible Person(s) prior to the recordation of the lien, and shall be served in the same manner as provided for in subsection 13-6.2 for service of a Notice of Violation;

b. The lien shall attach when the Enforcement Officer records a Notice of Lien listing the delinquent unpaid administrative penalties with the County Recorder's office. The lien shall specify the amount of the lien, the date of the code violations, the date of the final administrative decision, the street address(es), legal description, and assessors parcel number of the parcel on which the lien is imposed, and the name and address(es) of the record owner of the parcel; and

c. In the event the lien is discharged, released, or satisfied, either through payment or through foreclosure, notice of the discharge containing the information specified in subparagraph [b] above shall be recorded by the enforcement officer.

56.5.4

The amount of the unpaid administrative penalties, plus interest, may be declared a special assessment against any real property owned by the responsible party(s) within the County of Lake against whom an administrative penalty has been imposed. The Board may impose the special assessment on one (1) or more parcels. The enforcement officer may present a resolution to the Board to declare a special assessment, and upon passage and adoption thereof shall cause a certified copy thereof to be recorded with the County Recorder's office. The assessment may then be collected at the same time and in the same manner as ordinary taxes are collected, and shall be subjected to the same penalties and the same procedure and sale in the case of delinquent assessments as is provided for ordinary property taxes.

56.5.5

The amount of the unpaid administrative penalties, plus interest, may be collected by commencement of a civil action to collect the said penalties.

56.5.6

The amount of the unpaid administrative penalties, plus interest, may be collected by assignment of the amount owing to a collection agency.

56.5.7

The County may use any civil legal remedy available to collect any unpaid Administrative Penalty including, but not limited to, injunctive relief, Franchise Tax Board intercept, specific performance, and any and all of the remedies heretofore described and described in Section 13-56.1 herein below. The County may assess additional fees to cover the costs of the collection of any unpaid Administrative Penalty. The County may assigned the collection of Administrative Penalties to a consultant under contract with the County and operating on the County's behalf.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13-61. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.5 at the discretion of the editor.

56.6.1

All remedies and penalties provided for in this article shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of, payment of penalties by, or enforcement against any person hereunder shall not relieve such person(s) from the responsibility of correcting, removing or abating the violation, nor prevent the enforced correction, removal or abatement thereof. Each and every day during any portion of which any violation of Lake County ordinances or the rules, regulations, orders, permits or conditions of approval issued thereunder is committed, continued, or permitted by such person(s), shall be deemed a separate and distinct offense.

56.6.2

Treble damages. Upon a second or subsequent civil or criminal judgment for a violation of a land use ordinance within a two-year period, a violator shall be liable to the county for treble the abatement costs, in accordance with Government Code § 25845.5, and as amended.

56.6.3

Injunctive relief and abatement. Whenever, in the judgment of the Enforcement Official, any person is engaged in any act or practice which constitutes a violation of any provision of a land use ordinance or any rule, regulation, order, permit or conditions of approval, the County Counsel or District Attorney may commence judicial proceedings for the abatement, removal, correction and enjoinment thereof and require the violator to pay civil penalties as set forth in this article.

56.6.4

Civil remedies and penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the provisions of any land use ordinance or any rule, regulation, order or conditions of approval issued thereunder by committing, causing, allowing, maintaining, continuing or otherwise permitting a violation of any land use ordinance shall be liable for an applicable civil penalty described in this article.

56.6.5

Nothing in this chapter shall be construed to prevent the County of Lake from pursuing any and all other legal remedies that may be available, including but not limited to civil actions filed by County Counsel seeking any and all appropriate relief such as civil injunctions, penalties, and forfeiture.

(Ord. No. 3112, § 1, 9-21-2021)

Editor's note— Ord. No. 3112, § 1, adopted Sept. 21, 2021, set out provisions intended for use as § 13-61. Inasmuch as there were already provisions so designated, said section has been codified herein as § 13-56.6 at the discretion of the editor.