Napa County Municipal Code Ch. 1.28 Code Enforcement—citations, Administrative Penalties and Recordation Of…

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Editor's note— Ord. No. 1403, adopted on Sept. 15, 2015, amended former Ch. 1.28, §§ 1.28.010—1.28.170, in its entirety to read as herein set out Former Ch. 1.28 pertained to similar subject matter and derived from Ord. No. 1176, § 1, adopted in 2000.

This chapter is enacted pursuant to Article I Section 7 of the California Constitution and Section 53069.4 of the California Government Code.

(Ord. No. 1403, § 1, 9-15-2015)

The board of supervisors of the county hereby finds that there is a need for an expedited, alternative administrative process to address, and to act as a deterrent to prevent, violations of the code and of provisions of other state, local, and federal laws and regulations for which the county has enforcement responsibility and/or authority. The board further finds that the citation, penalty, and recordation procedures contained in this chapter are appropriate methods of enforcement.

(Ord. No. 1403, § 1, 9-15-2015)

This chapter authorizes county enforcement officers to issue citations, to impose administrative penalties on any persons who are responsible for violation of the provisions of the county code or other provisions of state or federal law for which the county has enforcement responsibility, including, but not limited to, conservation regulations, building, plumbing, electrical or other similar structural, and zoning violations, and to record with the recorder division of the assessor-recorder-county clerk department real property-related citations issued under this chapter and other real property-related notices of violation and notices of nuisance issued pursuant to other provisions of the code or other provisions of law. These remedies shall be in addition to any civil, criminal or other legally established procedures that may be pursued to address violations of the code. Use of this chapter shall be in the sole discretion of the county.

(Ord. No. 1403, § 1, 9-15-2015)

Unless otherwise specified, the terms indicated below shall have the following meaning:

A. "Citation" means an administrative citation or notice of violation issued by an enforcement officer pursuant to this chapter, any notice of nuisance or notice of abatement issued pursuant to Chapter 1.20 of this code, any notice of violation and order to repair or abate substandard conditions issued under California Health and Safety Code Sections 17920.3 et seq., and any other citation or notice of violation issued by the county under its authority to regulate land use and real property issues (including Titles 12 through 18, inclusive of the county code).

B. "Code" means the Napa County Code.

C. "Code violation" means any violation of any provision of the code, or any provision of local, state, or federal law or regulation for which the county has enforcement responsibility and/or authority.

D. "Enforcement officer" means the following county officers or employees or their designated assistants or deputies:

1. The director, assistant director, and deputy director of the planning, building and environmental services department and any successor department;

2. The supervising code enforcement officer of planning, building and environmental services department or successor department;

3. The county's chief building official;

4. Supervising building inspector and building inspector;

5. Environmental health supervisor, senior environmental health specialist and environmental health specialist II;

6. Environmental management coordinator;

7. Environmental health manager;

8. Senior hazardous materials specialist;

9. Agricultural commissioner and deputy commissioner;

10

Chief animal control officer, supervising animal control officer and animal control officer;

11. County executive officer and deputy county executive officer;

12. Public works director and deputy director;

13. Public works superintendent;

14. Maintenance worker II (only for violations of Chapter 10.12 on county property);

15. Airport Manager (only for violations of Chapter 10.12 on Napa County Airport property and any violation of Chapter 11.28 or the Napa County Airport Rules and Regulations);

16. Airport operations supervisor and airport operations worker (only for violations of Chapter 10.12 on Napa County Airport property);

17. County building security guard (only for violations of Chapter 10.12 on county property);

18. Manager and coordinator of the county local enforcement agency;

19. The county fire marshal, assistant fire marshal, deputy fire marshals, and inspectors;

20. The county counsel.

E. "Hearing officer" means any person appointed by the county executive officer, or by his/her designee for appointment purposes, to preside over and conduct administrative hearings pursuant to Sections 1.28.110 through 1.28.130 and Chapter 2.22 of the code.

F. "Notice of compliance" means a document releasing a previously recorded citation that includes the recording information of the citation being released.

G. "Person" means any natural person, contractor, subcontractor, agent, firm, association, business, trust, organization, corporation, partnership, company or any other entity.

H. "Responsible person" means the owner of the real property where a code violation exists, and/or the person in control of the location of an alleged violation, and/or the person causing an alleged violation including, but not limited to, a tenant, agent, employee, contractor, subcontractor or other occupant in control of the property.

(Ord. No. 1403, § 1, 9-15-2015; Ord. No. 1437, § 2, 6-4-2019)

A. Any person who violates any provision of the code may be issued a citation by an enforcement officer.

B. Each and every day a violation of any provision of the code exists shall constitute a separate and distinct offense. Each section of the code violated shall constitute a separate violation for each day at issue.

C. An administrative penalty for violation of the code may be assessed by means of a citation issued by an enforcement officer and shall be payable directly to the department whose enforcement officer issued the citation.

D. Administrative penalties imposed by means of citation shall be collected in accordance with the procedures specified in this chapter.

E. If the violation is not corrected, additional citations may be issued for the same violation and the amount of the penalty shall increase as specified in the schedule of penalties established by resolution of the board. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

(Ord. No. 1403, § 1, 9-15-2015)

A. Whenever an enforcement officer determines that a violation of the code has occurred or is occurring, the enforcement officer shall have the authority to issue a citation to any person responsible for the violation.

B. A citation shall contain the following information:

1. The date of the violation;

2. The street address, assessor's parcel number, and/or, if necessary, such other description of the location where the violation occurred sufficient to identify the property and the location of the code violation;

3. The name and address of each violator, if known;

4. The section of the code violated and a description of the violation;

5. The action required to correct the violation;

6. The amount of the administrative penalty for the code violation and time period by which the violation must be corrected to avoid imposition of the penalty;

7. A description of the administrative penalty payment process, including the time and place for payment of the penalty;

8. An order prohibiting the continuation or repeated occurrence of the code violation described in the citation;

9. As to violations relating to real property, a statement that the citation will be recorded against the property if the violations existing on the property are not corrected by the deadline established in the citation;

10. A statement that the person served with the citation may file a request for a hearing before a hearing officer pursuant to this chapter, and that the county may hold the responsible person and/or the property owner responsible for all administrative costs, including county staff time and costs and reasonable attorney's fees, incurred in the hearing processes;

11. Either a copy of this chapter or a description of the administrative hearing process described in this chapter, including the time frame within which a citation may be contested and the hearing procedure;

12. The name and signature of the enforcement officer issuing the citation and the name and address of the county department for which the enforcement officer works; and

13. A "request for hearing" form.

C. If the person responsible for the code violation is present at the scene of the violation, the enforcement officer shall attempt to obtain the person's signature on the citation and shall provide the person with a copy of the citation. The failure of any person to sign the citation shall not affect the validity of any enforcement proceedings or measures. If the person responsible for the code violation is not present at the scene of the violation, the enforcement officer shall post the citation in a conspicuous place on or near the property. In all cases, the enforcement officer shall also send copies of the citation by certified mail, return receipt requested, and by first class mail to (1) the property owner and, if different from the property owner, to the person(s) responsible for the violation, at the property address, and (2) to the address listed for the property owner as shown on the last county equalized assessment roll, if that address is different from the property address.

D. The failure of any person to receive the citation shall not affect the validity of the citation or of any other code enforcement steps or proceedings taken pursuant to this chapter or other provision of the code.

(Ord. No. 1403, § 1, 9-15-2015)

A. The amount of the penalty imposed pursuant to this chapter for code violations shall be as set forth in the schedule of penalties established by resolution of the board.

B. The schedule of penalties shall specify any increased penalty for repeat violations of the same code provision by the same person within twelve months from the date of issuance of a citation.

(Ord. No. 1403, § 1, 9-15-2015)

A. The penalty shall be paid to the county within thirty days from the date of issuance of the citation or by the date otherwise specified in the citation. Failure to pay the penalty in a timely manner shall result in the assessment of an additional late fee in the amount of ten percent of the total amount of the administrative penalty owed.

B. Any administrative penalty paid pursuant to subsection (A) of Section 1.28.090 shall be refunded if, after a hearing, it is determined that the person charged in the citation was not responsible for the violation or that there was no violation as charged in the citation.

C. Payment of a penalty under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the citation.

(Ord. No. 1403, § 1, 9-15-2015)

A. For any citation that pertains to real property, if (1) the violation continues after the deadline for compliance established in the citation expires, and (2) if no timely request for an administrative hearing has been filed by the responsible person(s) or if the hearing has been held and the citation has been upheld, the enforcement officer shall cause the citation to be recorded with the recorder division of the assessor-recorder-county clerk department.

B. If the enforcement officer does not receive a written request for administrative hearing pursuant to the procedures set forth in this chapter and the violation(s) still remains on the property, the enforcement officer shall record the citation.

C. The recorded citation shall include the name of the property owner(s), assessor's parcel number, the parcel's legal description, and a copy of the latest citation.

D. The citation, 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.

E. If the property owner or other responsible person corrects the violation(s) after the citation has been recorded, notifies the enforcement officer in writing of the correction, and consents to and cooperates with an inspection to confirm the correction, and if the correction is confirmed by the enforcement officer, the enforcement officer shall cause to be recorded a notice of compliance to release the citation.

(Ord. No. 1403, § 1, 9-15-2015)

A. Any recipient of a citation may contest whether the code was violated, whether the recipient is the person responsible for the violation, whether recordation of the citation on the property identified in the citation is appropriate, or whether the amount of the penalty is appropriate by completing a "request for hearing" form and returning it to the clerk of the board within thirty days from the date of the citation together with an advance deposit of the full amount of the penalty or written notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.28.100.

B. Hearings shall be scheduled in accordance with subsection (A) of Section 1.28.110. If an enforcement officer submits an additional report concerning the citation to the hearing officer for consideration at the hearing, a copy of the report shall be served by first class mail on the person requesting the hearing at least seven days prior to the date of the hearing.

C. The failure of any person to request a hearing shall constitute a waiver of the right to an appeal under Section 1.28.170 in which case the enforcement officer's decision regarding the violation and the amount of the penalty shall be deemed confirmed and shall be considered a final administrative order.

(Ord. No. 1403, § 1, 9-15-2015)

A. Any person who requests a hearing and who is financially unable to pay the advance deposit of the penalty as required by subsection (A) of Section 1.28.090, may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the clerk of the board on an advance deposit hardship waiver application form with a completed "request for hearing" form.

C. The requirement that the full amount of the penalty be deposited pursuant to subsection (A) of Section 1.28.090 shall be stayed unless or until the director of the department whose enforcement officer issued the citation makes a determination not to issue the hardship waiver.

D. The director may waive the advance deposit requirement and issue a waiver only if the requesting party submits to the director a sworn affidavit and any additional requested supporting documents or materials, which demonstrate to the director's satisfaction, that the person is financially unable to deposit the full amount of the penalty in advance of the hearing. The director may, at his or her discretion, request additional information to verify the party's financial inability.

E. If the director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the county within ten days of the date of that decision. Failure to pay the deposit in a timely manner shall result in a waiver of the right to a hearing before the hearing officer.

F. The director shall issue a written determination whether to issue or not issue the advance deposit hardship waiver. The decision of the director shall be final and there shall be no right of appeal to the board of supervisors. The written determination shall be served by first class mail upon the person who applied for the advance deposit hardship waiver.

(Ord. No. 1403, § 1, 9-15-2015)

A. A hearing on the citation shall be set for a date not less than fifteen days nor more than sixty days from the date that the completed "request for hearing" is filed with the clerk of the board, unless the enforcement officer determines that the matter is urgent or that good cause exists for an extension of time.

B. At least ten days prior to the hearing, the hearing officer shall give written notice of the time and place of the hearing to the party contesting the citation and anyone else who received notice of the citation. Notice shall be served by personal service, first class mail or by posting a copy of the notice of hearing conspicuously on or in front of the property on which the violation is located.

C. The administrative hearing serves to provide full opportunity for a person subject to a citation to object to the determination that a violation has occurred, that the violation continues to exist, that the cited person was in fact the person responsible for the violation, and/or the amount of the administrative penalty.

(Ord. No. 1403, § 1, 9-15-2015)

A. No hearing to contest a citation before a hearing officer shall be held unless the full amount of the penalty has been deposited in advance or an advance deposit hardship waiver has been granted.

B. At the hearing, the party contesting the citation shall be given the opportunity to testify and present evidence concerning the citation including the amount of the penalty. The citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The hearing officer shall consider all written or oral evidence presented at the hearing.

C. The hearing officer may continue the hearing and request additional information from the enforcement officer or the person issued the citation prior to rendering a written decision.

D. The failure of any recipient of an citation to appear at the administrative hearing shall constitute a waiver of any objections to the imposition and amount of the penalty, administrative costs or other appropriate legal remedy imposed by the hearing officer and shall constitute a failure to exhaust administrative remedies.

(Ord. No. 1403, § 1, 9-15-2015)

After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the citation and shall list the reasons for the decision. The written decision shall also confirm, modify or discharge the amount of the penalty imposed by the enforcement officer. The decision of the hearing officer shall be final. If the hearing officer determines that the citation should be upheld and the penalty has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the penalty. If the hearing officer determines that the citation should be canceled and the penalty was deposited with the county, then the county shall promptly refund the amount of the deposited penalty. The recipient of the citation shall be served with a copy of the hearing officer's written decision within a reasonable time from the date of the hearing. The decision of the hearing officer regarding any appeal shall be the final administrative order and decision. There shall be no right of appeal to the board but the responsible person(s) may file an appeal in Superior Court as provided below in Section 1.28.170.

(Ord. No. 1403, § 1, 9-15-2015)

The failure to pay the penalty imposed by the citation and/or the failure to correct the code violation as identified in the citation may result in:

A. The referral of the code violation to county counsel or to the district attorney for commencement of a civil proceedings; and/or

B. Enforcement of the obligation to pay the administrative penalty and administrative costs as the personal obligation of the violator; and/or

C. Recordation and foreclosure of a lien upon real property, provided that the violation is in connection with real property. The lien shall remain in effect until all of the administrative penalties, interest and costs are paid in full.

(Ord. No. 1403, § 1, 9-15-2015)

A. Whenever the amount of any penalty imposed has not been paid in full within ninety days of the final administrative order and/or has not been successfully challenged by a timely writ of mandate and the violation is in connection with real property, the unpaid penalty may constitute a lien against the real property on which the violation occurred.

B. The lien provided herein shall have no force and effect until recorded with the recorder division of the assessor-recorder-county clerk department. Interest shall accrue on the principal amount of the penalty remaining unsatisfied at the maximum rate permitted by law.

C. The hearing officer, or the enforcement officer in the event a hearing pursuant to Section 1.28.110 is not requested, shall prepare and record a notice of lien for civil penalty in the recorder division of the assessor-recorder-county clerk department. The notice of lien shall contain the following information:

1. A legal description, street address, assessor's parcel number and other description sufficient to identify the premises affected;

2. A description of the violations of the code on the real property which caused the issuance of a citation;

3. A description of the proceeding under which the penalty was imposed, including the final administrative order of the hearing officer, enforcement officer or court confirming the penalty;

4. The amount of the penalty; and

5. The imposition of lien upon the described real property for the amount of the penalty and accruing interest.

(Ord. No. 1403, § 1, 9-15-2015)

Once payment in full for the outstanding penalty is received by the county department whose enforcement officer issued the citation, the department shall record a notice of satisfaction. Such notice of satisfaction shall cancel the county's lien and include the recording information of the original lien.

(Ord. No. 1403, § 1, 9-15-2015)

Any person aggrieved by a final administration order of a hearing officer or enforcement officer on a citation may obtain review of the administrative decision by filing a petition for review with the Superior Court of California, county of Napa, a unified court, in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

(Ord. No. 1403, § 1, 9-15-2015)