Napa County Municipal Code Art. VI Enforcement

The planning director, his designee, or such other person(s) as may hereafter be designated by the board of supervisors shall enforce the provisions of this chapter.

(Ord. 1150 § 2 (part), 1998)

A. If, after conducting the inspections required by Section 16.12.500, other inspections as may be undertaken, or upon the receipt of a verified complaint by any interested person, the planning director finds that the mining operation is not in substantial compliance with this chapter, the exploration or surface mining permit issued, or the master mining plan, the operator and owner shall each be sent an initial notice of noncompliance, and given thirty days to substantially comply.

B. The permittee may appeal this determination to the board of supervisors in accordance with Chapter 2.88 of the county code. The time of compliance shall be tolled until a decision is rendered on the appeal or the appeal is withdrawn. If the determination is not appealed or the appeal is filed but withdrawn, the decision of the zoning administrator shall be final.

C. If at the end of this initial thirty-day period compliance has not been achieved, the planning director shall issue a final notice of noncompliance to the mining operator and owner by certified mail or personal service that a violation exists and that the mining permit may, after hearing, be suspended or revoked, and that all mining operations may be ordered to cease.

(Ord. 1201 § 5, 2002; Ord. 1150 § 2 (part), 1998)

A. Upon issuance of a final notice of non-compliance, the planning director shall set the matter for public hearing before the planning commission in accordance with the procedures set out in Section 16.12.370 of this chapter.

B. At the hearing, the planning commission shall determine whether or not the mining operator or owner has substantially complied with this chapter, the permit issued, and the master mining plan. If it is found that the operator or owner is not in substantial compliance, the commission shall determine if the permit should be revoked or, alternatively, suspended until the operator files an amended master mining plan with the planning director or otherwise complies with the requirements of this chapter and the permit issued. The decision of the planning commission in this matter may be appealed to the board of supervisors.

C. No amended master mining plan prepared pursuant to this section shall be acceptable unless it is so structured that the goals of the original master mining plan will be met within a reasonable period of time.

D. An amended master mining plan prepared pursuant to this section shall not be accepted by the planning director unless it is accompanied by one of the forms of security permitted under Section 16.12.435. This security shall not be released or reduced until the amended master mining plan has been satisfactorily completed, nor may it be limited to the current phase of reclamation, even though the original permit authorized bonding in phases.

E. The remedies described in this section are in addition to any other remedies, civil or criminal.

(Ord. 1150 § 2 (part), 1998)

A. The planning commission may at the conclusion of the hearing required under Section 16.12.620(A) direct the planning director to issue an order by personal service or certified mail to comply or cease all mining activities. The order shall specify the violations, and a reasonable time for compliance.

B. Any operator or owner who violates or fails to comply with an order issued pursuant to subsection (A) of this section, fails to provide updated reclamation cost estimates as required under Section 16.12.415, or fails to submit reports in accordance with Section 16.12.710, shall be subject to an administrative penalty of up to five thousand dollars per day from the original date of noncompliance. Notice of such a penalty shall be given personally or by certified mail to the operator and owner. Payment shall be made to the county within thirty days unless the operator or owner petitions for review pursuant to the procedures described in Section 16.12.640

C. If noncompliance presents an imminent and substantial danger to public health or the environment, the planning director may seek without a hearing before the planning commission or board of supervisors an order from a court enjoining the operation.

D. The county shall have primary responsibility for enforcement of the provisions of this section.

E. The remedies described in this section are in addition to any other remedies, civil or criminal.

(Ord. 1150 § 2 (part), 1998)

A. Within thirty days after the planning director issues an order imposing administrative penalties, the operator or owner may petition the board of supervisors for review.

B. If the operator or owner does not petition the board of supervisors for review in a timely manner, the order shall not be reviewable by any court or agency.

C. The board of supervisors shall notify the operator and owner by personal service or certified mail whether it will review the order and the date and time of any review scheduled.

D. The record on review, if any, shall consist of the record before the county and any other relevant evidence that the board of supervisors determines should be considered.

E. The board of supervisors may affirm, modify, or set aside, in whole or in part, any order of the planning director imposing administrative penalties. Any such decision shall be effective on issuance and payment shall be due within thirty days.

F. An operator or owner may obtain review of a decision of the board of supervisors by filing a petition for administrative mandate pursuant to Section 1094.5 of the Code of Civil Procedure within thirty days following the date of the notice of the decision. If the operator or owner does not petition for such a writ in a timely manner, the decision of the board of supervisors shall not be subject to review by any court or agency.

(Ord. 1150 § 2 (part), 1998)

A. The board of supervisors hereby declares that violation of the conditions regulating the operation and reclamation of mined lands within the county is a public nuisance in that compliance with such operating and reclamation conditions is necessary to prevent substantial harm to the environment and to protect the health, safety, and general welfare of the community.

B. Any person violating any term or condition of an approved master mining plan after receipt of a final notice of noncompliance pursuant to Section 16.12.610(C) shall be guilty of conducting a public nuisance, and shall be guilty of a separate offense for each and every day such nuisance is maintained.

(Ord. 1150 § 2 (part), 1998)

A. Any person who operates, maintains or causes to be operated or maintained any surface mining operation which is not in conformance with the provisions of this chapter, the exploration or surface mining permit issued, or any requirement, term or condition of a master mining plan approved for the site being mined is guilty of a misdemeanor.

B. Each person violating or contributing in any way to the violation of any of the provisions of this chapter shall be deemed guilty of a separate offense for each day during which such violation continues, and such violation shall be deemed to be a misdemeanor and shall be punishable therefor as provided below.

C. Any person convicted of a misdemeanor under the provisions of this section shall be punished by a fine not exceeding one thousand dollars, imprisonment in the county jail not exceeding six months, or by both.

(Ord. 1150 § 2 (part), 1998)