Mendocino County Municipal Code Ch. 1.04 In General

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of Mendocino County, California," and may be so cited. It may also be cited as the "Mendocino County Code."

(Ord. No. 548, adopted 1968.)

For the purposes of this Code the following words and phrases shall have the meanings respectively ascribed to them by this section unless the context clearly indicates otherwise:

BOARD OF SUPERVISORS. Whenever the words "Board of Supervisors" are used, they shall be construed to mean the Board of Supervisors of Mendocino County.

CODE. The words "the Code" or "this Code" shall mean "The Code of Mendocino County, California."

COMPUTATION OF TIME. The time in which any act provided by law is to be done is computed by excluding the first day and including the last day unless the last day is a holiday and then it is also excluded.

COUNTY. The words "the County" or "this County" shall mean the County of Mendocino.

DAY. A "day" is a period of time between any midnight and the midnight following.

DAYTIME, NIGHTTIME. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

GENDER. The masculine gender includes the feminine and neuter.

HIGHWAYS. "Highways" shall include the whole of all public ways, roads, alleys, courts and streets and sidewalks between the property lines forming the exterior lateral boundaries thereof, and those parts of public squares and places which form traveled parts of highways.

IN THE COUNTY. The words "in the County" shall mean and include all territory over which the County now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

JOINT AUTHORITY. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

MONTH. The word "month" shall mean a calendar month.

NUMBER. The singular number includes the plural, and the plural, the singular.

OATH. "Oath" includes affirmation.

OFFICERS, DEPARTMENTS, ETC. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the County of Mendocino.

OFFICIAL TIME. Whenever certain hours are named herein they shall mean Pacific Standard Time or Daylight Saving Time as may be in current use in the County.

OWNER. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint or tenant by the entirety of the whole or a part of such building or land.

PERSON. "Person" includes any person, firm, association, organization, partnership, joint venture, business trust, corporation or company.

PERSONAL PROPERTY. "Personal property" includes every species of property, except real property, as herein defined.

PRECEDING, FOLLOWING. The words "preceding" and "following" mean next before and next after, respectively.

PROCESS. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

PROPERTY. The word "property" shall include real and personal property.

REAL PROPERTY. "Real property" shall include lands, tenements and hereditaments.

SECTION, SUBSECTION, REFERENCES. "Section" means a section of this Code unless some other statute is specifically mentioned. "Subsection" means a subdivision of the section in which the term occurs unless some other section is expressly mentioned.

SHALL, MAY. "Shall" is mandatory and "may" is permissive.

SIGNATURE OR SUBSCRIPTION BY MARK. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.

STATE. The words "the State" or "this State" shall be construed to mean the State of California.

TENANT OR OCCUPANT. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.

TENSES. The present tense includes the past and future tenses, and the future includes the present.

WEEK. A week consists of seven (7) consecutive days.

WRITING. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.

YEAR. The word "year" shall mean a calendar year, except where otherwise provided.

(Ord. No. 548, adopted 1968.)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Ord. No. 548, adopted 1968.)

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such section, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

(Ord. No. 548, adopted 1968.)

The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

(Ord. No. 548, adopted 1968.)

The reference term "Ordinance" when found in the body of the original ordinance has been changed to "Title" or "Chapter" to fit within the general scheme of organization of this Code. Therefore, in the context of cross referencing, the terms "Title" or "Chapter" when used in the body of this Code shall be deemed synonymous with the term "Ordinance."

(Ord. No. 548, adopted 1968.)

It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Ord. No. 548, adopted 1968.)

The references to ordinances, sections, subsections and date of adoption contained in parentheses immediately below each section or subsection of this Code are intended for the information and assistance of persons using this Code and do not in any manner affect the scope, meaning or intent of the provisions of this Code.

(Ord. No. 548, adopted 1968.)

Any editorial comment appearing in this Code is intended for the information and assistance of persons using this Code and does not in any manner affect the scope, meaning or intent of the provisions of this Code.

(Ord. No. 548, adopted 1968.)

Whenever a power is granted to, or a duty is imposed upon, an officer of the County of Mendocino, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this Code expressly provides otherwise.

(Ord. No. 548, adopted 1968.)

(A) Whenever in this Code any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided for, the violation of any such provision of this Code shall be punished as prescribed in Penal Code Section 19.

(B) Where an offense by ordinance is declared to be an infraction, such offense shall be punished as prescribed in Government Code Section 25132.

(C) Every day any violation of this Code or any other ordinance, rule or regulation of this County shall continue, shall constitute a separate offense.

(D) The office of the County Counsel may, or at the direction of the Board of Supervisors shall, commence action or actions, proceeding or proceedings in the court or courts having jurisdiction for the abatement, removal and enjoinment of any activity which constitutes a nuisance under this Code or state law. It is the intent of the Board of Supervisors in enacting this subdivision to provide to the office of the County Counsel the same discretion to abate, remove and enjoin activities constituting a nuisance under this Code or state law to the same extent as that residing in the office of the District Attorney prior to the creation of the office of the County Counsel. It is further the intent of the Board of Supervisors that the authority provided by this subdivision shall be in addition to and shall not supplant the authority provided to the office of the County Counsel by Section 20.552.025 of this Code.

(E) Whenever in this Code any act or activity is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, or an infraction, the office of the County Counsel may, or at the direction of the Board of Supervisors shall, commence proceedings pursuant to subdivision (D) of this section to abate, remove or enjoin such unlawful act or activity.

(F) All remedies provided for in this section shall be cumulative and not exclusive, including with respect to any administrative remedies provided for elsewhere in this Code.

(Ord. No. 548, adopted 1968; Ord. No. 3549, adopted 1985; Ord. No. 3820, adopted 1992.)

If the County prevails in any legal action to enforce the provisions of any locally adopted code, ordinance or regulations, or the provisions of any state or federal statute that it has a duty to enforce, it shall be entitled to recover from the opposing party or parties all of its reasonable attorney's fees incurred in prosecuting the action.

(A) "Prevail" as used in this section means that the filing of the action contributed significantly to securing the opposing party or parties' compliance with such codes, ordinances, regulations or statutes, whether as a result of voluntary compliance after the action is filed, formal settlement or judgment. There shall be a rebuttable presumption that if the opposing party or parties comply after the action is filed, the filing of the action contributed significantly to securing compliance.

(B) Such fees shall be established by the court upon the filing of a cost bill as provided by law or by separate motion. In determining the amount of the fee the court shall multiply the number of hours devoted to preparing and prosecuting the action, commencing when the matter is first referred to the County Counsel for enforcement, by a reasonable hourly rate for the services provided. In determining a reasonable hourly rate, the court shall consider the reasonable market rate in the jurisdiction for the attorney's services, taking into consideration the attorney's experience and skill and shall not be limited to the amounts actually paid by the County.

(C) If there is more than one opposing party, they shall be jointly and severally liable for all of the attorney's fees awarded to the County by the court.

(Ord. No. 3745 Sec. 2, adopted 1990.)

(A) At the time of submitting an application for a discretionary land use approval and as a condition of approval, an applicant requesting a discretionary land use approval, as herein defined, shall agree as a part of the application to defend, indemnify, and hold harmless the county and its agents, officers, attorneys and employees from any claim, action or proceeding brought against the county or its agents, officers and employees to attack, set aside, void or annul a discretionary land use approval of the county, which action is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, if any, costs of suit, attorney's fees and other costs and expenses incurred in connection with such action.

(B) In the event that a claim, action or proceeding referenced in Subsection A of this Section is brought, the County shall promptly notify the applicant of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. Nothing set forth in this section shall prohibit the County from participating in the defense of any claim, action or proceeding if the County elects to bear its own attorney fees and costs and defends the action in good faith.

(C) Definitions. For the purpose of this Section:

(1) "County" refers to the Mendocino County Board of Supervisors, Planning Commission, Historical Review Board, Minor Subdivision Committee, advisory agencies, appeals boards, officers, agents and employees of the County of Mendocino.

(2) "Discretionary land use approval" refers to decisions of the County approving requests of applicants for General Plan amendments, rezonings, tentative maps, vesting tentative maps, tentative parcel maps, final maps, final map modifications or amendments, time extensions, boundary line adjustments, certificates of compliance, conditional certificates of compliance, development agreements, use permits, minor use permits, use permit modification, use permit extension, variance, variance modifications, coastal development permits, reclamation plans, any administrative permit pertaining to a land use approval or any accompanying CEQA (California Environmental Quality Act) determinations pertaining to the type of approval referred to in this section.

(Ord. No. 3780, adopted 1991.)

A. Whenever a person authorized by the County of Mendocino issues a notice regarding a violation of the Mendocino County Code that relates to real property, such notice may be recorded with the Mendocino County Recorder pursuant to the provisions in this section.

B. The provisions of this section do not limit or otherwise restrict the recording of notices that are permitted to be recorded by some other authority, such as a different ordinance or statute.

C. The notice of violation to be recorded shall:

1. Specify the names of the record owners,

2. Describe the real property, and

3. Describe the violations on the property.

D. At least thirty (30) days prior to recording such notice the County shall advise the owner or owners of the property to be affected by the notice of violation about the County's intent to record the notice of violation.

1. Such advisement about the County's intent to record shall be provided to the owner(s) in writing, and may be served on the owner(s) in person, or by first class mail, postage prepaid.

2. If service is made by mail, the County may use the address as reported on the latest equalized assessment roll, and the notice shall not be recorded until after at least thirty-five (35) days from the date of mailing.

E. The notice of intent to record shall specify a date certain, prior to recordation, on or before which evidence and/or arguments may be presented or submitted to the issuing department as to why the notice of violation should not be recorded.

F. Evidence that is timely submitted or presented to the issuing department shall be reviewed and considered by the issuing department, and the department's written response shall become the final administrative determination.

G. If evidence is not timely presented or submitted as to why a notice should not be recorded, then the owner(s) and any other responsible party waive their right to administrative review, and the notice of intent to record will become the final administrative determination.

H. After issuance of the notice of intent to record, the notice of violation may be recorded immediately after the requisite time period has expired if evidence was not timely presented or submitted, and if evidence was timely presented or submitted, such notice of violation may be recorded after the department's written response and after expiration of the requisite time period.

(Ord. No. 4480, § 1, 1-5-2021)