Monterey County Municipal Code Ch. 1.22 Administrative Remedies for Code Enforcement

This Chapter sets forth administrative procedures that govern the imposition, enforcement, collection, and administrative review of administrative fines or penalties for violations of the Monterey County Code and state laws delegated by statute to any County department for enforcement.

The provisions of this Chapter are cumulative and in addition to any other remedies available under federal, state, or local law.

Use of this Chapter shall be at the sole discretion of the County.

(Ord. No. 5122, § 1, 1-13-2009)

For the purposes of this Chapter, the following definitions shall apply:

"Abatement" means the removal of the condition or conditions identified in the notice of violation.

"Administrative citation" means a notice of violation issued by an Enforcement Official that imposes an administrative fine for a violation of this Code that, in the opinion of the Enforcement Official, poses less than a serious or immediate threat to the public health, safety, and welfare.

"Administrative costs" mean the total direct and indirect costs of enforcement established by generally accepted accounting principles that are reasonably and necessarily incurred by the County to investigate, inspect, or cure any violation or monitor the recurrence of any violation that is the subject of a notice of violation and does not include the hearing cost except as authorized pursuant to Article 2.5 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

"Administrative fine" means the amount of a fine imposed by an administrative citation for a violation of this Code in an amount determined according to Section 1.22.100 of this Chapter.

"Administrative penalty" means the amount of penalty imposed by the Hearing Officer for a violation of the Code in accordance with Section 1.22.090 of this Chapter.

"Alleged violator" means any person subject to a notice of violation prior to exhaustion of his/her administrative remedies or determination of responsibility for the violation by the Hearing Officer, or the person's attorney where appropriate.

"Alternate amends" means the performance by a responsible person of some act other than the payment of an administrative fine, administrative penalty or administrative costs that is of sufficient consequence to benefit society, deter future violations and support Code compliance as determined by the Hearing Officer as a condition of approval for a financial hardship waiver.

"Assessment" means the special assessment which may be assessed against a parcel of land as authorized by Section 25845 of the Government Code to recover the County's cost of abatement of public nuisance.

"Code" means the Monterey County Code.

"Compliance order" means a notice of violation issued by an Enforcement Official for a violation of this Code that, in the opinion of the Enforcement Official, poses a serious or immediate threat to the public health, safety, and welfare.

"County" means the County of Monterey.

"Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services.

"Emergency work" means any work performed to maintain service essential to public health, safety or welfare or prevent or mitigate an emergency that has a substantial probability of occurrence in the short term.

"Enforcement Official" means any officer, employee, or agent of the County or any deputy or designee of such officer, employee, or agent that is charged with responsibility for enforcement of any provision of this Code.

"Hearing cost" means the total direct and indirect costs established by generally accepted accounting principles that are reasonable and necessarily incurred by the County to provide a Hearing Officer pursuant to this Chapter.

"Hearing Officer" means a person designated by the Board of Supervisors to conduct an administrative hearing. The designated Hearing Officer shall be an impartial person, such as:

1. An administrative law judge provided by the State of California Office of Administrative Hearings to function as the County Hearing Officer pursuant to Chapter 14 of Part 3 of Division 2 of Title 3 of the Government Code;

2. A person selected randomly from a panel of attorneys willing to serve as a Hearing Officer; or

3. An independent contractor hired from an organization which provides hearing officers.

"Lien" means the legal document generally recorded against real property to secure the payment of a debt.

"Local building and safety codes" means the provisions of the California Building Standards Code pursuant to Chapter 4 of Part 2.5 of Division 13 of the Health and Safety Code as adopted and amended by the County of Monterey.

"Notice of violation" means an administrative citation or compliance order issued pursuant to the provisions of this Chapter.

"Person" means any natural person, business, company or entity, including the parent or legal guardian of any person under the age of eighteen (18) years.

"Public nuisance" means any condition caused or permitted to exist in violation of any of the provisions of this Code.

"Responsible person" means any person that has done any act, or maintains or allows to continue a condition, for which an administrative fine or administrative penalty, or the repayment of administrative costs, or other costs may be imposed, or the person's attorney, where appropriate.

"Reasonable time" means the amount of time reasonably necessary for a person to complete the required corrective actions specified in a notice of violation as determined by the Enforcement Official.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5239, §§ 3—5, 6-3-2014)

The County shall take all reasonable steps to ensure that the identity of any person making a complaint to the County concerning a violation of the Code or other applicable law shall remain confidential. However, no enforcement action shall be taken beyond issuance of a notice of violation unless:

A. The complaining witness agrees to be identified upon request of the responsible party; or

B. The Enforcement Official has developed sufficient evidence to take further action.

(Ord. No. 5239, § 6, 6-3-2014)

Nothing in this Chapter shall prohibit or preclude the County from seeking an abatement and/or an inspection warrant at any time and independent from any other remedy provided by the Code and/or any applicable statute, rule, code or regulation. All costs incurred by the County in seeking and obtaining a warrant shall be recoverable as administrative costs.

(Ord. No. 5239, § 7, 6-3-2014)

Any property owner, occupant or tenant who refuses to permit an inspection pursuant to any court issued warrant may be subject to arrest for a misdemeanor. Forcible execution of said inspection or abatement warrant under such circumstance shall be permitted only if the warrant expressly grants permission for such forcible entry.

(Ord. No. 5239, § 8, 6-3-2014)

A. Whenever an Enforcement Official determines that a violation of any provision of this Code exists, the Enforcement Official may issue a notice of violation to the alleged violator.

B. A notice of violation issued pursuant to this Chapter shall contain all of the following information:

1. The date and location of the violation;

2. The section of the Code violated and a description of the violation;

3. The actions required to correct the violation;

4. An order prohibiting the continuation or repeated occurrence of the violation;

5. The time period after which an administrative penalty or administrative fine will begin to accrue if compliance has not been achieved;

6. The potential daily and cumulative amounts of any administrative penalty for a compliance order or established fine amount for an administrative citation;

7. The eligibility of tenants of residential rental units for relocation benefits pursuant to Article 2.5 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, if applicable;

8. A description of the fine payment process for any administrative citation, including a description of the time within which and the place to which the fine shall be paid; and,

9. The name and signature of the Enforcement Official who issued the notice of violation.

C. Notice of violations shall provide for reasonable time for a responsible person to correct or otherwise remedy the violation when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues unless the violation creates an immediate danger to health or safety.

D. Notice of violations may be served either by personal delivery thereof to any persons subject to a notice of violation or by deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to such person at his/her last-known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Unites States Post Office.

E. Where real property is involved, a copy of the notice of violation shall also be sent by either first class mail, or personal delivery to the record owner of each assessors parcel that is the subject of the notice of violation, the holder of any mortgage or deed or trust of record, if known, and any other person known to have a legal interest in the property.

F. Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property that is the subject of the notice of violation.

G. The failure of any person to receive any notice required under this Chapter shall not affect the validity of any proceedings taken under this Chapter.

H. Proof of service of the notice of violation shall be documented at or near the time of service.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5239, §§ 9—11, 6-3-2014)

A. Notice of intent to record. If the Enforcement Official determines that a violation of any provision of this Code exists, the Enforcement Official may cause to be mailed to the owner, as reported on the latest equalized assessment roll, and the responsible person if different from the owner, a notice of intention to record a notice of violation. The notice shall include a description of the property, a description of the violation, the action necessary to abate the violation, the time limit for compliance, and the intent to record the notice of violation. The notice shall provide opportunity for the owner and/or responsible person to present evidence by a date certain as to why the notice should not be recorded.

B. Recording of notice of violation. The Enforcement Official may record a notice of violation with the County Recorder on the property which is the subject of the violation after the time limit for compliance if the violation has not been cured within the time limit set for compliance, or the owner or responsible person fails to provide sufficient evidence to establish reasonable doubt that a violation exists, or, if a hearing is held, after the Hearing Officer has determined responsibility.

C. Right of appeal. If, following recordation of the notice of violation, the owner, responsible person or his or her authorized agent disagrees with the determination that a violation of this Chapter exists on the property and such determination has not already been made as a result of a hearing under this Chapter, he or she may apply for a "Removal of Notice of Violation" by requesting a hearing before the Hearing Officer pursuant to the provisions of this Chapter of the Monterey County Code.

D. Removal of notice of violation. The Enforcement Official shall submit the "Removal of Notice of Violation" to the County Recorder for recordation when the violation no longer exists, all required work to abate the violation has been completed, and all related abatement and administrative costs have been reimbursed to the County and approved as determined by the Enforcement Official or Hearing Officer on appeal. A fee shall be paid by the owner or occupant for processing the "Removal of Notice of Violation." The fee for the submittal of the "Removal of Notice of Violation" shall be set from time to time by the Board of Supervisors.

(Ord. No. 5230, § 2, 1-7-2014; Ord. No. 5239, § 12, 6-3-2014)

Prior to requesting a hearing before the Hearing Officer as provided in this Chapter, the recipient(s) of said notice of violation may contact the County at the number provided on the notice to schedule a meeting with County staff for a department-level resolution of the alleged violation(s). The County shall provide staff available to meet for this purpose. At the conclusion of the meeting, the County may issue an extension of time to cure the violation or negotiate other abatement remedies.

(Ord. No. 5239, § 13, 6-3-2014)

A. If the Enforcement Official determines that all violations have been corrected within the time specified in the notice of violation, the notice of violation shall be cleared and no hearing shall be required. The Enforcement Official shall provide written notice to the responsible person that the violations have been corrected within the time period specified within thirty (30) days after such determination.

B. Within thirty (30) days of service of an administrative citation, any alleged violator may request a hearing to:

1. Contest that a violation of the Code exists;

2. Identify the responsible person;

3. Request additional time to correct the violation;

4. Determine the reasonableness of any administrative costs.

C. No hearing to contest an administrative citation before the Hearing Officer shall be scheduled or heard unless the administrative fine has been deposited in advance or a financial hardship waiver has been filed.

D. If full compliance is not achieved within the time period specified in any notice of violation, the Enforcement Official may request a hearing before the Hearing Officer to determine the existence of any violations, establish the requirement of all corrective actions, and assess the appropriateness of any administrative penalties and administrative costs.

E. Any responsible person may request a hearing to establish the date of compliance and the fact that full compliance was achieved if, within thirty (30) days of receiving notification that a violation was corrected, the Enforcement Official does not file a report with the Hearing Officer or provide written confirmation to the person subject to the notice of violation as required. If the Enforcement Official subsequently provides such written confirmation to the responsible person, no such hearing shall be scheduled.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5230, § 3, 1-7-2014)

A. When a hearing is required in accordance with the provisions of this Chapter, the Enforcement Official shall cause a written notice of hearing to be sent by first class mail to or be personally served on the alleged violator. If after diligent search, the Enforcement Official is unable to locate the alleged violator, the written notice of hearing may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days.

B. Where real property is involved, a copy of the notice of hearing shall also be sent by first class mail to or be personally served on the record owner of each assessors parcel that is the subject of the notice of violation, the holder of any mortgage or deed or trust of record, if known, and any other person known to have a legal interest in the real property.

C. Every notice of hearing shall contain the date, time, and place at which the Hearing Officer shall conduct the hearing.

D. Each hearing shall be set for a date not fewer than fifteen (15) days or no more than sixty (60) days from the date of the notice of hearing unless the Enforcement Official determines that the matter is urgent or that good cause exists for an extension of time.

E. After a hearing date is set, the Enforcement Official, alleged violator or responsible person may apply to the Hearing Officer for a continuance within ten (10) working days following the time the party discovered or reasonably should have discovered the event or occurrence which establishes the good cause for the continuance. A continuance may be granted for good cause after the ten (10) working days have lapsed if the party seeking the continuance is not responsible for and has made a good faith effort to prevent the condition or event establishing the good cause.

F. If the Enforcement Official submits to the Hearing Officer an additional written report concerning any matters related to the notice of violation for consideration at the hearing, then a copy of this report shall also be served on the alleged violator or responsible person at least five days prior to the hearing date.

G. When a hearing is held to authorize the recording of a lien or imposition of a special assessment, the Enforcement Official shall serve notice of the hearing in the same manner as prescribed in Subsections A and B.

H. Proof of service of the hearing notice shall be documented at or near the time of service.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5239, §§ 14—17, 6-3-2014)

A. The Hearing Officer is authorized to:

1. Conduct hearings; issue subpoenas; receive evidence; administer oaths; rule on questions of law and the admissibility of evidence; grant continuances for good cause shown; make findings of fact and legal conclusions; prepare final written decision and order; prepare a record of the proceedings.

2. Issue orders that are necessary to remedy any violations identified in a notice of violation including authorizing the Enforcement Official to summarily abate the violation and/or impose conditions for the continued use of the subject property or activity.

3. Order payment of administrative fines; impose administrative penalties and administrative costs on any responsible person.

4. Determine amounts and order the payment of costs, fines and penalties and hear appeals for orders to pay tenant relocation assistance pursuant to Article 2.5 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

5. Determine the existence of a financial hardship for the payment of administrative penalties, administrative fines, or administrative costs and the appropriate degree of any payment waiver, schedule of payments, or provisions for making alternate amends.

6. Order the imposition of a lien, special assessment, special collection, or other collection process against a responsible person and any affected property, as appropriate after hearing for objections to the filing of liens or special assessments on real property.

7. Provide for deferral of the effective date of orders of abatement in cases of extreme hardship to owner-occupants or tenants of dwellings.

8. Hear appeals from the property owner on whether violations of this Code exist on such property where the responsible enforcing officer issued a notice of refusal to issue permits, licenses or entitlements or where a notice of violation was recorded with the County Recorder.

9. Hear appeals from the notice, orders and decisions of the Building Official related to the enforcement of Chapters 16.08, 16.12 and 18.14 of the Monterey County Code.

10. Hear appeals from the notice, orders and decisions of the Enforcement Official related to the enforcement of Chapter 18.15 of the Monterey County Code.

11. Hear summary abatement proceedings pursuant to Chapter 18.02.

(Ord. No. 5170, § 3, 12-7-2010; Ord. No. 5122, § 1, 1-13-2009)

A. At the place and time set forth in the notice of hearing, the Hearing Officer shall conduct a hearing and consider any written or oral evidence on the matters related to the notice of violation issued pursuant to this Chapter.

B. Evidence sought to be introduced is not limited by any legal rules of evidence except for the rule that it must be relevant and material to the issues to be decided. 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 objections in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions or no objection was made to this use of hearsay evidence prior to the close of the hearing.

C. The standard of proof shall be by a preponderance of the evidence. The burden of proof to establish that a violation exists shall be borne by the Enforcement Official. The burden of proof that a violation has been corrected shall be carried forward by the responsible person.

D. Both the person subject to the notice of violation and the Enforcement Official shall have these rights: to testify, to introduce exhibits, to call and examine witnesses, and to cross-examine opposing witnesses on any matter relevant to the issues.

E. In lieu of personally appearing at an administrative hearing, the alleged violator or Enforcement Official may request that the Hearing Officer decide the matter based on the notice of violation itself and any other documentary evidence submitted by the alleged violator or enforcement official before the hearing date.

F. Failure of the alleged violator to appear at the hearing for an administrative citation without good cause or filing of a written response pursuant to Subsection E., shall constitute a withdrawal of the request for hearing, forfeiture of any deposit paid for the administrative fine and a failure to exhaust his/her administrative remedies to further contest the violation.

G. Failure of the alleged violator to appear at the hearing for a compliance order is deemed a waiver of the right to be personally present at the hearing. The Hearing Officer must then decide the matter based upon the compliance order, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the Enforcement Official.

H. Prior to issuing a written decision, the Hearing Officer may continue the hearing and request additional information from the Enforcement Official or the alleged violator.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5239, § 18, 6-3-2014)

A. Within 30 days from submission of the matter, the Hearing Officer shall make findings based on the evidence submitted and issue a written decision and administrative order concerning any of the following matters considered:

1. Existence or continued existence of a violation of the Code;

2. Responsibility of the person who is subject to the notice of violation for creating or continuing the existence of the violation;

3. Correction of the violation within the time period specified in the notice of violation or any other such time period for correction that the Hearing Officer determines to have been reasonable under unique and special circumstances;

4. Existence of economic hardship for the payment of administrative penalties, administrative fines, or administrative costs and the appropriate degree of any payment waiver, schedule of payments, or provisions for making alternative amends;

5. Affirmation of administrative fines and imposition of any administrative penalties, administrative costs or other costs, fines and penalties allowed by law and the dates on which such payments are due;

6. Order to correct the violation, including a schedule for correction where appropriate;

7. Monitoring, including the frequency and time period of such monitoring, required to prevent the recurrence of any violation;

8. Confirmation, discharge, or modification of the amount of any lien or special assessment to be charged against a real property where a violation occurred; and

9. Existence of a public nuisance on any real property in question.

B. Except as provided for in Section 1.22.130, the decision of the Hearing Officer is final as of the date of the written decision and administrative order and is an exhaustion of administrative remedies.

C. The Hearing Officer shall cause an official copy of the written decision and administrative order to be sent by certified mail to or be personally served on the person who received the notice of violation. If after diligent search, the Enforcement Official was unable to locate the alleged violator, the written decision and administrative order may be served by the Enforcement Official by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days. The Hearing Officer shall cause an official copy of the written decision and administrative order to be sent by regular mail to the Enforcement Official.

D. Where real property is involved, the Hearing Officer shall cause an official copy of the written decision and administrative order to be sent by certified mail to the record owner of each assessors parcel that is the subject of the notice of violation, the holder of any mortgage or deed or trust of record, if known, and any other person known to have a legal interest in the real property. The Enforcement Official shall provide the Hearing Officer with all such names and addresses as known from public records or otherwise reasonably obtainable.

E. The failure of any person to receive an official copy of the written decision and administrative order shall not affect the validity of any proceedings taken under this Chapter.

F. Within fifteen (15) days after service of a copy of the decision and administrative order on a party, but not later than the effective date of the decision, the party may apply to the Hearing Officer for correction of a mistake or clerical error in the decision and administrative order, stating the specific ground on which the application is made. Notice of the application shall be given to the other parties to the proceeding by the person making the request. The application is not a prerequisite for seeking judicial review. Nothing in this Section precludes the Hearing Officer from modifying the decision and administrative order to correct a mistake or clerical error. A modification under this Subsection shall be made within fifteen (15) days after issuance of the decision and administrative order. The Hearing Officer shall, within fifteen (15) days after correction of a mistake or clerical error in the decision and administrative order, serve a copy of the correction on each person on which a copy of the decision and administrative order was previously served.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5239, § 19, 6-3-2014)

A. The Hearing Officer may impose administrative penalties for the violation of any provision of this Code in an amount not to exceed a maximum of two thousand five hundred dollars ($2,500.00) per day for each continuing violation, except that the total administrative penalty shall not exceed one hundred thousand dollars ($100,000.00) exclusive of any administrative costs, interest, and restitution for compliance reinspections for any related series of violations.

B. No administrative penalty shall be imposed for violations that pertain to building, plumbing, electrical, or other similar structural or zoning issues unless the responsible person has been provided a reasonable time to correct the violation, except in those cases in which there is an immediate danger to public health and safety.

C. In determining the amount of the administrative penalty, the Hearing Officer may take any or all of the following factors into consideration:

1. The extent to which the violation poses a threat to the public health, safety, and welfare;

2. The duration of the violation;

3. The impact of the violation on the community;

4. The frequency, recurrence, and number of violations, related or unrelated, by the same violator;

5. The extent to which the person derived a financial benefit from the violation;

6. The good faith efforts of the violator to come into compliance;

7. The financial ability of the person to pay;

8. The amount of time available to the responsible person to cure the violation;

9. Exigent circumstances related to the performance of any emergency work; and

10. Such other factors as justice may require.

D. Administrative penalties imposed by the Hearing Officer shall accrue from the date specified in the compliance order and shall cease to accrue on the actual date the violation is corrected as determined by the Enforcement Official or the Hearing Officer, subject to the maximum amount set forth in Subsection A. The person responsible for the violation shall submit evidence to support the actual date of correction prior to verification by the Enforcement Official.

E. The Hearing Officer, in his/her discretion, may suspend the imposition of accruing administrative penalties for any time period during which all of the following are true:

1. The responsible person has applied for necessary permits;

2. Such permits are required to achieve compliance;

3. Such permit applications are actively pending before the County, State or other appropriate governmental agency; and

4. The responsible person is diligently pursuing the approval and issuance of necessary permits.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5239, § 20, 6-3-2014)

A. Except for violations of local building and safety codes, an Enforcement Official may issue to a responsible person an administrative citation that imposes:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.

B. For violations of local building and safety codes, an Enforcement Official may issue to a responsible person an administrative citation that imposes:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance within one year; and

3. A fine not exceeding one thousand dollars ($1,000.000 for each additional violation of the same ordinance within one year of the first violation.

C. Notwithstanding Subsections A. and B., the amounts of special fines imposed by administrative citations for certain violations of this Code may be established by resolution of the Board of Supervisors or other applicable provisions of State law.

D. No administrative fine shall be imposed for violations that pertain to building, plumbing, electrical, or other similar structural or zoning issues unless the responsible person has been provided a reasonable time to correct the violation, except in those cases in which there is an immediate danger to public health and safety.

E. The responsible person shall pay the administrative fine to the County within thirty (30) days from the date of the administrative citation. Any person who fails to pay to the administrative fine by such date shall also pay a penalty of ten (10) percent. In addition to the late payment penalty provided by this Section, the administrative fine shall accrue interest at the rate of one percent per month, compounded monthly, exclusive of penalties, from the due date.

F. Payment of an administrative fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.

G. Payment of the administrative fine imposed by this Chapter shall be made at the time of filing any appeal to the Hearing Officer pursuant to this Chapter unless the request for appeal also includes a request for a financial hardship waiver.

H. When the Hearing Officer determines after a hearing contesting the administrative citation that no violation of the Code exists or that the person subject to the administrative citation is not the responsible person or that the time period given by the Enforcement Official to take the specified corrective action was insufficient and the respondent corrected the violation within a reasonable time, the County shall refund any deposit of administrative fine amounts paid within thirty (30) days after the Hearing Officer issues a written determination.

(Ord. No. 5122, § 1, 1-13-2009)

A. Notwithstanding Section 1.22.100, for any activity, including but not limited to construction authorized by a land use entitlement or permit, which requires an onsite archeological or tribal monitor, or both, and the protection of archeological or cultural resources as a condition of approval for the activity, an Enforcement Official may issue to a responsible person an administrative citation that imposes the following fine(s) in the event that said condition of approval is violated:

1. A fine of twenty-five thousand dollars ($25,000.00) for each day of the violation beginning from day one (1).

B. The cumulative amount of fines imposed on a responsible person pursuant to this section shall not exceed twenty-five percent (25%) of the fair market value of the real property at which the violation occurred determined by a contemporary appraisal from an appraiser satisfactory to the County, paid for by the responsible person.

(Ord. No. 5340, § 2, 9-15-2020)

A. The Hearing Officer shall impose reasonable and necessary administrative costs against the person subject to a notice of violation when the Hearing Officer finds that a violation has occurred and that the required corrective actions were not completed within the time period specified in the notice of violation or such time period that the Hearing Officer determines was reasonably sufficient to take the required corrective actions.

B. The Enforcement Official shall submit to the Hearing Officer a written report on the administrative costs that are reasonably and necessarily incurred by the County to investigate, inspect, or cure any violation or monitor the recurrence of any violation that is the subject of a notice of violation. A copy of this report shall also be served on the alleged violator or responsible person at least five days prior to the hearing date.

C. Administrative costs shall not include the hearing cost except pursuant to Article 2.5 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

D. The owner of the parcel upon which a violation of this Code is found to exist shall be liable for all costs of abatement incurred by the County, including, but not limited to, attorneys' fees and any and all costs incurred in the physical abatement of the nuisance. Recovery of costs pursuant to this Section shall be in addition to and shall not limit any prevailing party's right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law.

E. No administrative costs shall be incurred by a property owner who meets all of the following conditions:

1. The property owner did not create the original violation.

2. Once notified of the violation, the property owner diligently pursued completion of the required corrective actions to remedy the violation within a reasonable time period.

3. No notice of violation, administrative order or judgment lien or other similar document describing the existence of Code violation(s) and obligation to pay administrative costs was recorded against the property at the time such property owner first obtained any interest in the property.

4. The property owner had no actual notice, constructive notice, or inquiry notice of the violation at the time such owner first obtained any interest in the property.

(Ord. No. 5122, § 1, 1-13-2009)

A. Administrative citations. Any person who would experience substantial financial hardship if required to pay an administrative fine or administrative costs may file a request for a financial hardship waiver within thirty (30) days after service of the administrative citation. The request, with all required supporting documents and materials, shall be filed with the Enforcement Official on an application form approved by the County for such use. The form shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein. The Hearing Officer shall provide a written decision on the request for financial hardship waiver as part of any administrative order issued for the matter.

B. Compliance orders. Any person who would experience substantial financial hardship if required to pay administrative penalties or administrative costs imposed pursuant to this Chapter may file a request for financial hardship waiver within thirty (30) days after service of any related decision and administrative order. The request, with all required supporting documents and materials, shall be filed with the Enforcement Official on an application form approved by the County for such use. The form shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein. The Hearing Officer shall provide a written decision on the request for financial hardship waiver as part of any administrative order issued for the matter.

C. Financial hardship criteria. In determining whether or not a financial hardship exists, the Hearing Officer shall consider the present and future ability to pay, the amount of personal assets and liabilities and the overall net worth of the responsible person.

D. The Hearing Officer shall issue a written decision denying the request for hardship waiver or granting the waiver and waiving the administrative penalties, administrative fines, or administrative costs; reducing the amounts due; allowing time to pay the costs in installments and/or to provide alternative amends.

E. Provisions for alternate amends shall be included in any waiver or reduction unless the Hearing Officer finds that unique, special circumstances exist for the responsible person that prevents the performance of any alternate amends.

F. The written determination shall include findings supported by evidence and be sent by certified mail to the person who received the notice of violation at the address shown on the approved hardship waiver form. The written determination of the Hearing Officer related to the financial hardship waiver is final and an exhaustion of administrative remedies.

(Ord. No. 5122, § 1, 1-13-2009)

A. Notwithstanding the provisions of Section 1094.5 or 1094.6 of the Code of Civil Procedure, within twenty (20) days after service of the final administrative order or decision of the Hearing Officer, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, pursuant to Section 53069.4 of the Government Code.

B. Appeals related to the payment of tenant relocation assistance pursuant to Article 2.5 of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, the recording of a notice of violation with the County Recorder, or the issuance of a notice of refusal to issue permits, licenses or entitlements shall be subject to Section 1094.5 of the Code of Civil Procedure.

C. When an application for a continuance by a party is denied by the Hearing Officer, the party may, within ten (10) days of the denial, make application for appropriate judicial relief in the Superior Court or be barred from judicial review thereof as a matter of jurisdiction. A party applying for judicial relief from the denial shall give notice to the agency and other parties. Notwithstanding Section 1010 of the Code of Civil Procedure, the notice may be either oral at the time of the denial of application for a continuance or written at the same time application is made in court for judicial relief.

(Ord. No. 5170, § 3, 12-7-2010; Ord. No. 5122, § 1, 1-13-2009)

A. When the responsible person has completed the necessary actions to correct the violation, he/she shall notify the Enforcement Official that the violation has been corrected and when full compliance was achieved including the payment of all administrative fines, administrative penalties and administrative costs imposed.

B. If the Enforcement Official determines that all violations have been corrected, the Enforcement Official shall provide written notice of correction to the responsible person. Such notice shall be mailed to the last known address of the responsible person and to the owner of the real property where the violations occurred, where real property is involved.

C. If the Enforcement Official determines that compliance has been achieved after the Hearing Officer has sustained a compliance order, then the Enforcement Official shall file a report in their investigative files, indicating that compliance has been achieved. A copy of such report shall be mailed to the last known address of the responsible person and to the owner of the real property where the violations occurred, where real property is involved.

D. If the Enforcement Official does not file a report pursuant to Subsections B. or C., a responsible person who believes that full compliance has been achieved may request a hearing before the Hearing Officer to determine if all of the required corrective actions were completed to obtain compliance.

(Ord. No. 5122, § 1, 1-13-2009)

A. The County may collect all financial obligations due under the provisions of this Chapter by use of all available legal means, including filing of liens or imposing special assessments on real property. In addition to its rights to impose said liens and special assessments, the County shall retain the alternative right to recover its costs by way of civil action against the property owner and person in possession of control jointly and severally.

B. If the County initiates a civil action to recover any financial obligations due under the provisions of this Chapter, the person against whom the order of enforcement has been entered shall be liable to pay the County's total cost of enforcement, including reasonable attorney's fees.

C. If the property owner fails to pay any financial obligations due under the provisions of this Chapter upon demand by the County, the Hearing Officer may order the total amounts due to be specially assessed against the parcel. The assessment may be collected at the same time and in the same manner as ordinary County taxes arc collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary County taxes. All laws applicable to the levy, collection, and enforcement of County taxes are applicable to the special assessment.

D. If the Hearing Officer orders the imposition of a special assessment, the Enforcement Official shall immediately record a certified copy of the order in the Office of the County Recorder and transmit a copy of the order to the County Auditor on or before the tenth day of August following such order, and the Auditor shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll.

The Tax Collector shall include the amount of the assessment on bills for taxes levied against the respective parcels of land. The amounts of monies owed as confirmed in the order of the Hearing Officer shall constitute a special assessment against such property and are a lien on the property for the amount of the respective assessment.

E. The Hearing Officer may order a notice of judgment lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which the correction of violation was ordered by the Hearing Officer and the date the correction was complete, and include a description of the real property subject to the lien and the amount of any financial obligation due.

F. If the Hearing Officer does not order the recordation of a notice of judgment lien pursuant to this Section, and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attaches to that property, prior to the date on which the first installment of County taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection upon application of the bona fide purchaser.

G. Recordation of a notice of abatement lien pursuant to this Section has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the Hearing Officer or Enforcement Official, an abatement lien created under this Section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

H. Interest shall accrue at the rate of one percent per month on the principal amount of any financial obligations due under the provisions of this Chapter that remain unsatisfied prior to enrollment on the secured tax roll. Once the amount owed has become a special assessment on the secured tax roll, all further penalties and interest shall be imposed pursuant to the provisions of the Revenue and Tax Code.

I. Any person who fails to pay any financial obligation due under the provisions of this Chapter shall be liable in any action brought by the County for all costs incurred in securing payment of the delinquent amount, including but not limited to any administrative costs and attorney's fees. Collection costs shall be in addition to any administrative penalties, administrative fines, and administrative costs, late charges and interest imposed upon the delinquent obligation. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5239, §§ 21, 22, 6-3-2014)

A. Whenever the amount of any administrative penalty and/or administrative costs imposed by the Hearing Officer pursuant to this Chapter in connection with real property has not been satisfied in full within twenty (20) days after service of the final administrative order or decision of the Hearing Officer, this obligation may constitute a lien and special assessment against the real property on which the violation occurred.

B. Prior to recording any such lien or imposition of a special assessment, the Enforcement Official shall prepare and file with the Hearing Officer a report stating the amounts due and owing.

C. The Enforcement Official shall fix a time, date, and place for a hearing before the Hearing Officer to consider such report and any written protests or oral objections to the filing of a lien or the amounts thereof by the responsible person. The Enforcement Official shall cause written notice of such hearing to be given to the property owner as provided in Section 1.22.050.

D. Any person whose real property is subject to such a hearing to determine if a lien should be recorded against his/her property may file a written protest with the Enforcement Official and/or may object orally at the hearing on the matter. Each written protest or oral objection must contain a description of the property in which the protesting or objecting party is interested and the grounds on which the party protests and/or objects.

E. After the hearing, the Hearing Officer shall adopt an administrative order confirming, discharging, or modifying the amount of the lien or special assessment or both.

F. Thirty (30) days following the issuance of an administrative order of a Hearing Officer imposing a lien, the Enforcement Official shall file the same as a judgment lien in the office of the County Recorder of Monterey County, California. The lien may carry such additional administrative charges as set forth by administrative order of the Hearing Officer.

G. Once the County receives full payment for outstanding penalties and costs, the Enforcement Official shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so he/she or the institution may record this notice with the office of the County Recorder. Such notice of satisfaction shall cancel the County's lien.

(Ord. No. 5122, § 1, 1-13-2009)

Pursuant to Government Code Section 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition that may be abated pursuant to Government Code Section 25845, a court may order the owner to pay treble the costs of abatement.

(Ord. No. 5239, § 23, 6-3-2014)

In any action, administrative proceeding, or special proceeding under the provisions of this Chapter (not including judicial review pursuant to Section 1.22.130), the prevailing party shall recover attorneys' fees. Recovery of attorneys' fees by the prevailing party shall be limited to those individual actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no such action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the non-prevailing party in the action or proceeding.

(Ord. No. 5122, § 1, 1-13-2009)

A. All administrative penalties and administrative fines paid shall be placed in a special revenue fund for Code enforcement purposes. Receipt of administrative penalties and administrative fines shall be used to defray the County's unreimbursed costs for enforcement of its laws including the summary abatement of public nuisances and advance relocation payments made pursuant to Section 17975.5 of the Health and Safety Code. This fund shall be named the Code Enforcement Fund.

B. All payments for reimbursement of administrative costs shall be credited to the County fund responsible for the department that issued the compliance order.

(Ord. No. 5122, § 1, 1-13-2009)

A. The director of each County enforcement agency or department that uses the administrative remedies specified in this Chapter shall prepare and submit an annual report to the Board of Supervisors.

B. The report shall include information on the number and types of complaints submitted; the number of violations reported, investigated and abated; the number of compliance orders and administrative citations issued; the amount of administrative penalties, costs, and fines assessed and collected; and the specific uses of the Code Enforcement Fund.

(Ord. No. 5122, § 1, 1-13-2009)

A. It shall be unlawful for any responsible person to willfully fail to diligently pursue the correction of any violation of this Code as identified in a notice of violation. Willful failure to take the necessary actions to correct any violation of this Code is a misdemeanor.

B. Each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted shall be considered a separate violation, and administrative penalties or fines shall be assessed accordingly as prescribed in Sections 1.22.090 and 1.22.100 of this Chapter.

(Ord. No. 5122, § 1, 1-13-2009; Ord. No. 5230, § 4, 1-7-2014; Ord. No. 5239, §§ 24, 25, 6-3-2014)

A. It shall be unlawful for the owner of any real property to sell, transfer, mortgage, lease, or otherwise dispose of any real property knowing there is a notice of violation involving that real property until the violations are corrected or until such owner first furnishes the grantee, transferee, mortgagee, or lessee owner with a true copy of any such notice of violation and shall furnish to the Enforcement Official a signed and notarized statement from the grantee, transferee, mortgage, or lessee, acknowledging the receipt of a true copy of such notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such documents or stating intentions to timely challenge such notice of violation. Failure to provide notice as required in this Section is a misdemeanor. The transfer of ownership in violation of this Section shall not abrogate the transfer.

B. Upon transfer of any property with a violation on file indicating the property is unsafe, dangerous or otherwise not habitable, the new owner shall not occupy or use the property until the Enforcement Official gives consent.

(Ord. No. 5239, § 26, 6-3-2014)