Nevada County Municipal Code Ch. 8 Community Development Agency

There is hereby created in the County of Nevada a Community Development Agency which is a comprehensive local agency for coordination of County policies and regulations concerning County land use, planning and regulation, building, environmental health, agriculture, public works and sanitation. The titles of departments within the Agency shall be known as Environmental Health, Building, Planning, Agriculture, Code and Cannabis Compliance and Public Works.

(Ord. 2337. (05/24/2011); Ord. 2518. (03/14/2023))

The Community Development Agency (CDA) shall act to provide administration and coordination with respect to the efforts, powers and duties of the Environmental Health Department, Building Department, Planning Department, Agricultural Department, Code and Cannabis Compliance Department and Public Works Department, with the exception of responsibilities of the Environmental Health Department functioning as the Local Enforcement Agency (LEA) for solid waste.

Employees who perform LEA functions will not be within the CDA but will instead be within the oversight and supervision of the Environmental Health Director and the County Executive Officer. The CDA Director shall not conduct a performance review, discipline or terminate any employees of the CDA who are assigned LEA functions and responsibilities. Should any LEA employee have job duties split between a position within CDA and LEA, they shall only discuss substantive LEA issues with the Environmental Health Director, LEA employees, or employees of the CEO's Office.

The Community Development Agency shall furnish engineering, surveying, and design services to all County agencies as ordered by the Board of Supervisors or County Executive Officer and shall perform any and all other services that may be ordered.

(Ord. 2267. (06/10/2008); Ord. 2337. (05/24/2011); Ord. 2518. (03/14/2023))

The Community Development Agency shall be administered by a County officer to be known as the Community Development Agency Director. The Community Development Agency Director shall carry out general policies of the County Executive Office and the Board of Supervisors, and shall plan, organize, and direct all activities of the Agency in accordance with State and County laws and regulations, with the exception of Law Enforcement Agency (LEA) functions performed by Environmental Health Department employees pursuant to this Code. The CDA Director shall have no power to control or direct the activities of the Environmental Health Director or any employee of that office regarding LEA duties. The Community Development Agency Director shall serve at the will and pleasure of the County Executive Officer.

(Ord. 2267. (06/10/2008); Ord. 2518. (03/14/2023))

There is hereby created the County of Nevada Agricultural Department. The Department shall be administered by a County officer to be known as the Agricultural Commissioner, under the general administrative direction of the Community Development Agency Director. The Office of the County Sealer of Weights and Measures shall be consolidated with the Department of Agriculture as per Cal. Gov't Code § 24300(p).

(Ord. 2518. (03/14/2023); Ord. 2525. (06/13/2023))

To perform such duties as required as the County Sealer of Weights and Measures as provided for in Cal. Bus. & Prof. Code §§ 12001—13800.

The Agricultural Department shall preform all duties as provided for in Cal. Food & Agric. Code §§ 2001—2350. The Agricultural Department shall work with the Agricultural Advisory Commission, Fish and Wildlife Commission and the Farm Commission.

(Ord. 2518. (03/14/2023); Ord. 2525. (06/13/2023))

The Agricultural Commissioner shall act as the County Sealer of Weights and Measures. This position is appointed by the Board of supervisors and is under the general administrative direction of the Community Development Agency Director.

(Ord. 2518. (03/14/2023); Ord. 2525. (06/13/2023))

The Agricultural Commissioner is hereby authorized to charge and collect fees for services provided by the Agricultural Commissioner and Sealer of Weights and Measures' staff, including wildlife services. A schedule of fees shall be adopted by resolution of the Board of Supervisors, unless otherwise provided for under State or Federal law.

(Ord. 2518. (03/14/2023); Ord. 2525. (06/13/2023))

There is hereby created a Building Department within the Community Development Agency in and for the County of Nevada.

(Ord. 2518. (03/14/2023))

The Nevada County Building Department shall include, but not necessarily be limited to, those functions, powers, and duties designated by the Board of Supervisors by resolution or ordinance.

(Ord. 2518. (03/14/2023))

The Building Department shall be administered by a County officer to be known as the Building Department Director. Under the general administrative direction of the Community Development Agency Director, the Building Department Director shall be the building official as defined in Cal. Health & Safety Code § 18949.27, vested with the responsibility for overseeing local building standards and housing enforcement activities, including administration of the Building Department, interpretation of code requirements, and direction of the code adoption process. The Building Department Director shall serve at the will and pleasure of the Community Development Agency Director.

(Ord. 2518. (03/14/2023))

There is hereby created a Code and Cannabis Compliance Department in and for the County of Nevada. The Code and Cannabis Compliance Department is a component department within the Community Development Agency.

(SR 24-0418)

There is hereby created an Environmental Health Department within the Community Development Agency in and for the County of Nevada.

(Ord. 2518. (03/14/2023))

The Environmental Health Department is created as a Comprehensive Environmental Agency as defined in the California Code of Regulations, Title 17, § 1351, and shall be a component of the Community Development Agency. The Environmental Health Department has transferred to it, pursuant to this Section, with the concurrence of and appropriate delegation of authority from the County Health Officer, and upon the concurrence of the Director of Health Services of the California State Department of Health Services, as authorized by Cal. Health and Safety § 101275, the function of providing environmental health and sanitation services.

(Ord. 2518. (03/14/2023))

The Environmental Health Department shall be administered by a County officer to be known as the Director of Environmental Health. Under the general administrative direction of the Community Development Agency Director (CDA Director), the Environmental Health Director shall be the sole appointing authority and shall plan, direct, supervise and coordinate all programs of the Environmental Health Department including implementation of the LEA program for solid waste; however, general administrative direction shall be conducted by the County Executive Officer (CEO) rather than the CDA Director in the LEA program. Neither the CDA Director nor any department head within the CDA, other than the Environmental Health Director, may direct, control, hire or fire any employees of the LEA or those employees who are performing split duties between the LEA and the CDA. Nor shall the CDA Director evaluate or contribute to the evaluation of the Environmental Health Director insofar as that evaluation is based in whole or in part on the performance of the functions of the LEA. The CDA Director is authorized to conduct a performance evaluation on all other aspects of the Environmental Health Department Director's duties that are not related to LEA functions. The Environmental Health Department Director shall serve at the will and pleasure of the Community Development Agency Director.

(Ord. 2267. (06/10/2008); Ord. 2518. (03/14/2023))

A. In general. The Environmental Health Department is hereby authorized to charge and collect fees for services provided by the Environmental Health Department, including but not limited to fees for enforcement and emergency response A schedule of fees shall be adopted by resolution of the Board of Supervisors unless otherwise provided for under State or Federal law.

(Ord. 2518. (03/14/2023))

There is hereby created a Planning Agency in and for the County of Nevada, pursuant to Article 1, Chapter 3, Division 2 of Title 7 of the Cal. Gov't Code of the State of California, Cal. Gov't Code §§ 66451—66472.1. Pursuant to Cal. Gov't Code § 65100, the Planning Agency shall include, but not necessarily be limited to, a Nevada County Planning Commission, Zoning Administrator, and Planning Department. The Planning Department is a component department within the Community Development Agency.

(Ord. 2518. (03/14/2023))

The Nevada County Planning Agency shall include, but not necessarily be limited to, those functions, powers and duties set forth in the Cal. Gov't Code of the State of California relating to planning as well as those functions, powers and duties designated by the Board of Supervisors by resolution or ordinance.

(Ord. 2518. (03/14/2023))

There is hereby created a Planning Department within the Community Development Agency in and for the County of Nevada.

(Ord. 2518. (03/14/2023))

The Planning Department shall serve as liaison between the Planning Agency and the Board of Supervisors. The Planning Department shall perform all duties as provided by law, and such other duties may be assigned to the department from time to time.

(Ord. 2518. (03/14/2023))

The Planning Department shall be administered by a County officer to be known as the Planning Department Director. Under the general administrative direction of the Community Development Agency Director, the Planning Department Director shall plan, organize, direct and coordinate the planning functions of the County. The Planning Department Director shall serve at the will and pleasure of the Community Development Agency Director.

(Ord. 2518. (03/14/2023))

The Nevada County Department of Planning shall charge and collect a fee for the processing and review of those land use applications and submittals as are designated by resolution of the Board of Supervisors. The amount of such fee shall be set by resolution of the Board of Supervisors and shall be based upon the estimated staff time required to process such land use applications and submittals.

Whenever any land use application and/or submittal requires more than two (2) reviews by Department of Planning personnel, the applicant shall be charged an additional hourly fee, at the rates as set by resolution of the Board of Supervisors, for all of the additional time spent by the Department of Planning personnel in reviewing any such land use application and/or submittal.

(Ord. 2518. (03/14/2023))

There is hereby created the office of Zoning Administrator, pursuant to Cal. Gov't Code §§ 65900—65909.5. The Planning Department Director, or their designee, shall serve as the Zoning Administrator. Such designee shall be a senior planner or above.

(Ord. 2518. (03/14/2023))

The Zoning Administrator shall have jurisdiction over and shall consider all site plan approvals, certain use permit applications, as designated by the zoning ordinance, area variance applications, certificates of compliance, and environmental review concerning all projects and permits within their jurisdiction.

(Ord. 2518. (03/14/2023))

There is hereby created a Public Works Department within the Community Development Agency in and for the County of Nevada. The Public Works Department consists of a Road Maintenance Division, a Fleet Division, a Transit Division, a Sanitation Division, a Solid Waste Division, Surveyor, and a Road Engineering Division.

(Ord. 2337. (05/24/2011); Ord. 2518. (03/14/2023))

A. The Department of Public Works shall provide all necessary services related to maintenance and construction of all County roads. The Department shall administer all County Service Area programs relating to the improvement and/or maintenance of public roads and shall administer all Permanent Road Divisions within the County.

B. The Department shall be responsible for the administration and operation of all public fixed route and paratransit passenger transportation systems owned by the County and operated either directly by or contracted through the County.

C. The Department shall be responsible for the administration and operation of the County vehicle program as provided for in all sections of this Code.

D. The Department shall be responsible for the proper administration and operation of all County solid waste programs, including the operation of such County landfills, transfer station, or other facilities and programs that relate to the proper disposal of waste material including solids, recyclables, toxics, and any other wastes. The Department shall oversee any franchise agreements or other contracts let by the County in these areas.

E. The Department shall also administer, manage and operate any sewer plants or other sanitation facilities which the Nevada County Sanitation District No. 1 or the County own or operate on behalf of any County Service Area, the Nevada County Sanitation District No. 1 or any other special district.

(Ord. 2118. (05/13/2003); Ord. 2337. (05/24/2011); Ord. 2518. (03/14/2023))

The Public Works Department shall be administered by a County officer to be known as the Public Works Department Director. Under the general administrative direction of the Community Development Agency Director, the Public Works Department Director shall plan, direct, supervise and coordinate the programs, operations and divisions of the Public Works Department within the Community Development Agency. The Public Works Department Director shall serve at the will and pleasure of the Community Development Agency Director.

The Director shall request the County Purchasing Agent to purchase, lease or hire such equipment as may be necessary to perform the functions of the Department in conformity with the budget and all applicable policies and procedures.

(Ord. 2518. (03/14/2023))

A. Pursuant to the provisions of Cal. Gov't Code § 25350.60 and subject to the procedures specified in this Section, the Public Works Department Director is hereby authorized to perform all acts necessary to approve and accept, for the County, the acquisition of any interest in real property for right-of-way, public utility, undergrounding or other public purposes related to the construction, maintenance and repair of County-maintained roads, where the purchase price for such interest does not exceed fifty thousand dollars ($50,000.00).

B. The Public Works Department Director may approve and accept the acquisition of any interest in real property only if such acquisition: (1) Is in furtherance of a project which the Board of Supervisors has previously determined to undertake; and (2) the appropriate environmental review pursuant to CEQA has been completed; and (3) funds have been appropriated by the Board of Supervisors for the acquisition.

C. The form of any deed or grant conveying any interest in real property shall be approved by County Counsel.

D. Upon acceptance of any deed or grant the Public Works Department Director shall promptly execute a certificate of acceptance substantially in the form specified in Cal. Gov't Code § 27281 and shall transmit same to the County Recorder for recording.

E. Notwithstanding the other provisions of this Section, where the offers or deeds are tendered in compliance with conditions requested by the Department of Public Works in conjunction with approval of a land development project or to permit construction to proceed on projects approved in the most recent Nevada County Capital Improvement Plan, the Board of Supervisors may, by resolution, authorize the Public Works Department Director or assignee(s), to accept, on behalf of the County of Nevada, offers of dedication made by a statement on a subdivision map and grant deeds or easement deeds for road right-of-way, public utility and/or drainage purposes and to execute and request recording of any necessary certificate of such acceptance, reporting such action to the Board of Supervisors. The Board of Supervisors shall periodically review this delegation of authority.

F. Pursuant to Cal. Gov't Code § 25350.60, the authority granted by this Section shall automatically expire as of July 13, 2024, unless such authority is renewed or extended by a subsequent ordinance of the Board of Supervisors.

(Ord. 2468. (06/11/2019); Ord. 2518. (03/14/2023))

The Road Commissioner for the County of Nevada shall be the Public Works Department Director, or as appointed by the Board of Supervisors, and shall comply with all requirements set forth in §§ 2006—2010 of the California Streets and Highways Code.

(Ord. 2518. (03/14/2023))

The Department of Public Works Director or, in their absence, the Director's designee, shall be authorized to use Department personnel, equipment and resources to repair any damage to privately-owned property caused by the Department's employees while working for the County. The Director, or the Director's designee, and the County Risk Manager shall authorize such repair only upon receipt of a completed Incident Report from the employee involved in the incident which resulted in such damage or where it is not readily ascertainable which of several employees may have been involved in the incident, from the road supervisor or road superintendent, stating the circumstances under which the property was damaged, the name of any other County employees involved in the incident, or any other witness to the incident, the type of repair to be provided, and the estimated cost of repairing such damage. In no event shall the cost of such repair exceed one thousand dollars ($1,000.00).

Before any such repair work is authorized, the injured party shall complete and file a claim with the Risk Manager on a form provided by Risk Management.

Whenever any such repair work has been authorized as provided for herein, the Risk Manager shall submit a copy of the claim and the supporting documentation to the Clerk of the Board of Supervisors.

Whenever the Director or their designee authorizes any such repair work, they shall promptly submit copies of the claim and the supporting documentation to the Clerk of the Board of Supervisors and the Risk Management Committee.

(Ord. 2518. (03/14/2023))

County land surveyor functions shall be performed within the Public Works Department by a County officer to be known as the County Surveyor. Under the general administrative direction of the Public Works Department Director, the County Surveyor shall plan, organize, direct and coordinate the land surveying functions of the County. The County Surveyor shall be appointed by the Board of Supervisors and shall serve at the will and pleasure of the Board of Supervisors.

(Ord. 2518. (03/14/2023))

In accordance with Cal. Gov't Code §§ 27601—54985, the Nevada County Department of Planning, Public Works-County Surveyor may charge a reasonable fee for examining a record of survey. In addition, Cal. Bus. & Prof. Code § 8766.5 allows the fee to exceed one hundred dollars ($100.00) if it is adopted by ordinance pursuant to a staff report demonstrating that the cost of providing the examination service actually exceeds one hundred dollars ($100.00) per record of survey.

A staff report has been prepared and filed in the office of the County Surveyor demonstrating that the cost of providing the examination service exceeds one hundred dollars ($100.00) per record of survey. The amount to be determined by resolution of the Board of Supervisors.

(Ord. 2437. (06/27/2017); Ord. 2518. (03/14/2023))