Chapter 18.154 — ENFORCEMENT PROVISIONS

• A. Establish Provisions. This chapter establishes provisions that are intended to ensure compliance with the requirements of this (Zoning Code) and any conditions of planning permit approval, to promote the County's planning efforts, and for the protection of the public health, safety, and welfare of the County.

• B. Authorization of the Director.

  1. This chapter authorizes the Director, and the employee(s) of the Department designated by the Director, as Code Compliance Officer(s).

  2. The Director shall take all necessary actions to enforce the provisions of this Zoning Code and any conditions of planning permit approval and to carry out any other special enforcement programs initiated by order or resolution of the Board.

  3. This chapter authorizes the Director to issue citations to persons for violations of the provisions of this Zoning Code.

• (Ord. 1976 § 2, 2019)

All departments, officials, and public employees of the County who are assigned the authority or duty to issue certificates, licenses, permits, and other approvals shall comply with the provisions of this Zoning Code.

• A. Applications for Parcels with Violations Shall Not be Accepted or Processed. Administrative Permits, Conditional Use Permits, Variances, Zoning Map Amendments, Building Permits or other entitlement applications shall not be accepted or processed for parcels in violation of the provisions of this Zoning Code unless the entitlement corrects the violation.

• B. Permits in Conflict with This Zoning Code. Certificates, licenses, permits, and other approvals for uses or structures that would conflict with the provisions of this Zoning Code shall not be issued.

• C. Permits Deemed Void. Any certificate, license, permits, and other approvals issued in conflict with the provisions of this Zoning Code shall be void and of no effect.

• (Ord. 1976 § 2, 2019)

• A. Responsibility of Director. The Director shall exercise the authority provided in California Penal Code Section 836.5 and issue notices of violation, stop work orders, and citations for any violations of this Zoning Code pertaining to the use of any land, and the addition, alteration, construction, conversion, installation, moving, reconstruction, or use of any structure.

• B. Additional Responsibility to Enforce. All officers of the County shall render all necessary assistance to the Director for the enforcement of this Zoning Code.

• (Ord. 1976 § 2, 2019)

• A. Right of Entry.

  1. The Director may enter at all reasonable times any structure or premises for the purpose of carrying out any activity required or authorized by the provisions of this Zoning Code.

  2. Upon request, the Director shall provide adequate identification.

  3. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.

• B. Pre-Approval Inspections. Every applicant seeking a permit or any other approval in compliance with this Zoning Code shall allow appropriate County officials handling the application access to any premises or property that is the subject of the application.

• C. Post Approval Inspections. If the permit or other approval in compliance with this Zoning Code is approved, the owner or applicant shall allow appropriate County officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.

• (Ord. 1976 § 2, 2019)

• A. Procedures for Initiating Enforcement. This section describes the procedures for initiating enforcement action in cases where the Director has determined that real property within the County is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Code.

• B. Encourage Voluntary Cooperation. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this chapter may be avoided.

• C. Other Steps. These provisions shall not limit or prevent the County from taking any other steps necessary to obtain compliance with this Zoning Code.

• D. Use of Other Enforcement Procedures. The enforcement procedures of Section 18.154.080 (Legal Remedies) may be employed by the County after or instead of the provisions of this section where the Director determines that this section would be ineffective in securing the correction of the violation(s) within a reasonable time.

• (Ord. 1976 § 2, 2019)

• A. Record Notice with County Recorder's Office. If property in the County exists in violation of this Zoning Code and the owner fails or refuses to correct the violation, the County may record a Notice of Violation against the affected property in the County Recorder's office.

• B. County Actions before Recordation. Before recording a Notice of Violation, the County shall do all the following:

  1. Mailing of Notice. The Director, through the County's Code Enforcement Staff, shall mail a writ-ten Notice of Violation to the current owner(s) and any mortgage holder(s) that a violation(s) exists and request that the owner(s) correct the violation within a specified, reasonable period of time, in compliance with Section 18.154.100 (Recovery of Costs).

  2. Failure to Correct Violation.

     • a. If the owner fails or refuses to correct the violation(s) within the specified time, the Director, through the County's Code Enforcement Staff, shall mail to the current owner(s) by regular first class and by certified mail a Notice of Intention to record a Notice of Violation, describing the real property in detail, naming the owner(s), describing the violation in detail (including relevant County Code sections), and stating that an opportunity will be given to the owner(s) to present evidence at the hearing on the matter.

     • b. The notice shall specify a time, date, and place for a Commission hearing at which the owner may present evidence to the Commission why the Notice of Violation should not be recorded.

     • c. The Commission hearing shall take place no sooner than 30 days and no later than 60 days following the date of mailing of the Notice of Intention to record a Notice of Violation.

  3. Commission's Actions.

     • a. The Commission shall hear the matter on the date scheduled.

     • b. If, after the owner(s) and the County staff have presented evidence, the Commission determines that there is no violation, the Director shall mail a clearance letter to the current owner(s).

     • c. If the owner(s) fails to appear, or the Commission determines that there is a violation(s), the Commission may, by resolution, direct the Director to record the Notice of Violation with the County Recorder.

  4. Constructive Notice. The Notice of Violation, when recorded, shall be deemed to be constructive notice of the violation(s) to all successors-in-interest in the property, under California Civil Code Sections 1213 and 1215 .

5. Release or Cancellation of Notice of Violation. If the owner(s) corrects the violation(s) or the property otherwise becomes conforming after the Notice of Violation has been recorded, and the owner(s) has notified the County in writing and following an inspection to confirm the correction, the Director shall record a release or cancellation of the Notice of Violation.

(Ord. 1976 § 2, 2019)

• A. Violations of this Zoning Code.

  1. Any use of land or structures operated or maintained contrary to the provisions of this Zoning Code and any structure constructed or maintained contrary to the provisions of this Zoning Code are hereby declared to be a public nuisance and a violation of this Zoning Code in compliance with County Code Chapter 1.28 (General Penalty).

  2. The violation of any required condition imposed on a permit or approval shall constitute a violation of this Zoning Code and may constitute grounds for revocation or modification of the permit in compliance with Chapter 18.152 (Permit Modifications and Revocations), or any other remedy available to the County under the County Code or this Zoning Code.

  3. Any violations of this Zoning Code or any required condition(s) imposed on a permit or approval granted in compliance with this Zoning Code shall be treated as a strict liability offense regardless of intent.

  4. Any person, firm, or corporation, whether as principal, agent, employee, lessee, occupant, or otherwise, violating any provision of this Zoning Code shall be deemed guilty of an infraction under the County ordinances and shall be punished by: (a) a fine not exceeding $100.00 for the first violation; (b) a fine not exceeding $200.00 for the second violation within one year; (c) a fine not exceeding $500.00 for each additional violation within one year (see County Code Chapter 1.28 ).

• B. Public Nuisance. Any use or structure that is altered, constructed, converted, demolished, enlarged, established, erected, maintained, moved, or operated contrary to the provisions of this Zoning Code or any applicable condition(s) of approval imposed on a permit or approval, or any property that is found to be maintained in violation of County Code is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties established by County Code Chapters 1.28 (General Penalty).

• C. Criminal Violations. Any person, whether an agent, principal, or otherwise, violating, permitting, or causing the violation of any provision of this Zoning Code or any permit issued in compliance with this Zoning Code shall be guilty of a misdemeanor or an infraction at the election of the County and/or its prosecuting official, and upon conviction thereof, shall be punishable by the applicable fine(s) established by County Code Chapters 1.28 (General Penalty).

• D. Penalties.

  1. Infractions. Except in cases where a different punishment is prescribed by any County ordinance, any person convicted of an infraction under the County ordinances shall be punished by: (a) a fine not exceeding $100.00 for the first violation; (b) a fine not exceeding $200.00 for the second violation within one year; (c) a fine not exceeding $500.00 for each additional violation within one year (See County Code Chapter 1.28 ).

a different punishment is prescribed by any County ordinance, any person convicted of an infraction under the County ordinances shall be punished by: (a) a fine not exceeding $100.00 for the first violation; (b) a fine not exceeding $200.00 for the second violation within one year; (c) a fine not exceeding $500.00 for each additional violation within one year (See County Code Chapter 1.28 ).

2. Misdemeanors. Except in cases where a different punishment is prescribed by any County ordinance, any person convicted of a misdemeanor under the County ordinances shall be punished by a fine of not more than $1,000.00 and/or by imprisonment (See County Code Chapter 1.28 ).

• E. Continuing Violation. Any violator shall be guilty of a separate offense for each day during any portion of which any violation of this Zoning Code or any applicable condition of approval imposed on a permit is committed, continued, or allowed to continue and the violator shall be punished accordingly (See County Code Chapter 1.28 ).

• F. Compliance Responsibility. Paying a fine or serving a jail sentence shall not relieve any person from the responsibility for correcting any condition which violates any provision of this Zoning Code.

• G. Stop Work Order.

  1. Any construction in violation of this Zoning Code or any conditions imposed on a permit shall be subject to the issuance of a "Stop Work Order" or other similar notice issued by the County.

  2. Any violation of a Stop Work Order or other similar notice shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by the County Code and this chapter.

• (Ord. 1976 § 2, 2019)

The County may choose, in addition to or in lieu of other actions, to undertake any one or all of the following legal actions to correct and/or abate any nuisances or violation(s) of this Zoning Code.

• A. Civil Actions.

  1. Injunction. The County Counsel or District Attorney, upon order of the Board, shall apply to the Superior Court for injunctive or other appropriate relief to terminate a violation(s) of this Zoning Code.

  2. Abatement Proceedings. The County Counsel or District Attorney, upon order of the Board, shall apply to the Superior Court for an order authorizing the County to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions.

  3. Nuisance Abatement. The County may pursue any remedies or enforcement action(s), as provided in the County Code or other applicable law for the abatement of a nuisance in compliance with County Code Chapters 1.28 (General Penalty).

• B. Civil Remedies and Penalties.

  1. Civil Penalties. Any person who violates the provisions of this Zoning Code or any permit issued in compliance with this Zoning Code shall be liable for a civil penalty for each day, or a portion of the day, that a violation(s) continues to exist in compliance with County Code Chapters 1.28 (General Penalty).

  2. Costs and Damages. Any person violating any provisions of this Zoning Code or any permit issued in compliance with this Zoning Code, shall be liable to the County for all of the costs incurred and the damages suffered by the County, its agents, and agencies as a direct result of the violation(s), including reasonable attorney fees and costs.

  3. Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant.

• C. Criminal Actions and Penalties. See County Code Section 1.28.010 (Designation) and Section 18.154.070(C) (Violations: Criminal Violations).

• (Ord. 1976 § 2, 2019)

• A. Cumulative, Not Exclusive. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of County or State law.

• B. Other Remedies. Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this Zoning Code, the conviction shall not prevent the County from pursuing any other available remedy to correct the violation(s).

• (Ord. 1976 § 2, 2019)

This section establishes procedures for the recovery of administrative costs, including County Staff and County Counsel time expended on the enforcement of the provisions of this Zoning Code in cases where no permit is required in order to correct a violation. The intent of this section is to recover all County administrative costs reasonably related to enforcement in compliance with Code of Civil Procedure Section 1033.5 , County Code Chapter 1.28 (General Penalty), and this section.

A. Record of Costs.

1. The Department shall maintain records of all administrative costs incurred by responsible County departments, including County Counsel costs, associated with the processing of violations and enforcement of this Zoning Code, and shall recover the costs from the property owner(s) or the person(s) in control of the property in compliance with this section.

2. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board, or the actual rate charged to the County.

• B. Notice. Upon investigation and a determination that a violation of any of the provisions of this Zoning Code or any condition(s) imposed on a permit or approval is found to exist, the Director shall notify the record owner(s) and/or any person(s) having possession or control of the property by mail, of the existence of the violation(s), 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 any objections they may have. The notice shall be in a form approved by the County Counsel.

• C. Summary of Costs and Notice.

  1. At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the property owner(s) and/or person(s) having possession or control of the property by certified and first class mail.

  2. The summary shall include a notice in a form approved by the County Counsel, advising the responsible party of their right to request a hearing on the charges for County cost recovery within 10 days following the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

  3. In the event that no request for hearing is timely filed or, after a hearing the Director affirms the validity of the costs, the property owner(s) and/or person(s) in control shall be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director.

  4. The costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction, or by tax assessment or a lien on the property in compliance with Government Code Section 54988 , at the County's election.

5. The obligation to pay any unpaid costs shall be made a personal obligation of the property owner(s). The obligation may be recovered against the property owner(s) through a civil action initiated by the County or its authorized collection agent, or in any other manner provided for by law. The County shall be entitled to recover costs of the civil action, including the County's attorney's fees.

• D. Attorney's Fees. In any action or administrative proceeding to enjoin, or abate a nuisance, or seek a civil penalty, the prevailing party in the action or proceeding shall be entitled to recover reasonable attorney's fees; however, the amount of attorney's fees awarded to a prevailing party shall not exceed the amount of attorney's fees incurred by the County in the action or proceeding. Further, an award of attorney's fees in compliance with this section shall only be allowed where the County elects, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees.

• E. Request for Hearing on Costs. Any property owner(s) and/or other person(s) having possession and control of the subject property who receives a summary of costs shall have the right to a hearing before the Director.

  1. A request for hearing shall be filed with the Department within 10 days following the service by mail of the Department's summary of costs, on a form provided by the Department.

  2. Within 30 days following the filing of the request, and on 10 days' written notice to the owner(s), the Director shall hold a hearing on the owner's objections, and determine their validity.

  3. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include:

     • a. Whether the present owner(s) created the violation(s);

     • b. Whether there is a present ability to correct the violation(s);

     • c. Whether the owner(s) moved promptly to correct the violation(s);

     • d. The degree of cooperation provided by the owner(s); and

     • e. Whether reasonable minds differ as to whether a violation(s) exists.

  4. The Director's decision shall be appealable directly to the Board in compliance with Chapter 18.144 (Appeals).

• (Ord. 1976 § 2, 2019)

• A. Amount and Applicability of Reinspection Fee.

  1. A reinspection fee shall be imposed on each person who receives a Notice of Violation, notice and order, or letter of correction of any provision of this Zoning Code or the County Code, adopted Building Code, or State law.

     • a. The fee amount shall be established by the Fee Schedule.

     • b. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.

  2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, if the correction has been made to the satisfaction of the Director.

• B. Continuation of the Original Case.

  1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Code, the County Code, or any condition of a permit or other approval for less than 90 days, the violation shall be deemed a continuation of the original case, and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee.

  2. This fee is intended to compensate for administrative costs for unnecessary County inspections, and is not a penalty for violating this Zoning Code or the County Code.

  3. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code or the County Code, or costs incurred by the County for the abatement of a public nuisance.

• (Ord. 1976 § 2, 2019)

• A. Purpose. The purpose of this section is to provide for the determination, imposition, and collection of administrative costs associated with the monitoring and enforcement of mitigation measures or

conditions of approval imposed upon the granting of any permit or other entitlement authorized by this Zoning Code.

• B. Authority. The Director shall have the authority to determine, impose, and collect all administrative costs associated with the monitoring or enforcement of mitigation measures or conditions of approval imposed upon the granting of any permit or other entitlement authorized by this Zoning Code.

• C. Procedure.

  1. Each County agency which grants permits or entitlements under this Zoning Code and which impose or provide mitigation measures or conditions which require monitoring shall be responsible for monitoring their own conditions. Additionally, as a further condition of granting the permit or approving the entitlement, each agency shall specify that the monitoring shall be conducted and that all associated costs shall be borne by the property owner(s) or other person(s) obtaining the permit or entitlement and shall be paid in compliance with this section.

  2. The Director shall, at the time of the granting of the permit or approval of the entitlement, submit to the Review Authority a reasonable estimate of the administrative cost of monitoring the mitigation measures or conditions. The Review Authority shall, as a condition of approval, require the owner(s) or the other person(s) obtaining the permit or entitlement to deposit that amount on a one-time or annual basis.

  3. If the deposit is required on an annual basis, it may be adjusted in subsequent years, by agreement of the Director and the owner(s) or by subsequent action by the Review Authority at the request of the Director or owner.

• D. Enforcement Costs. The Director shall have the authority to recover enforcement costs arising from the failure of any property owner(s) or person(s) in control to conform to or implement any mitigation measures or conditions of approval imposed by any Review Authority in compliance with this Zoning Code.

• (Ord. 1976 § 2, 2019)