Article 4 — DEFINITIONS

The words and phrases set forth in this article and used in this title shall be defined as set forth in this article and by common usage and context, except as specifically defined in this title.

(§ 1, Ord. 91-762, eff. October 3, 1991)

Sec. 9-9.402. - Defensible space.

"Defensible space" shall mean the area within the perimeter of a parcel, development, neighborhood or community, where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter as used in this subsection is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification measures.

(§ 1, Ord. 91-762, eff. October 3, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Sec. 9-9.403. - Distance measurements.

"Distance measurements" shall mean all specified or referenced distances as measured along the ground, unless otherwise stated.

(§ 1, Ord. 87-674, eff. October 8, 1987; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Editor's note— Section 1(Exh. A) of Ord. 2018-114, adopted October 9, 2018, added a new § 9-9.403, renumbering the former §§ 9-9.403—9-9.405 as 9-9.404—9-9.406. The historical notation remains with the renumbered provisions.

Sec. 9-9.404. - Dwelling.

"Dwelling" shall mean a building, or portion of a building, which provides for sleeping, cooking, eating, and sanitation for one family (as defined in Section 9-2.228 of Chapter 2 of this Title).

(§ 1, Ord. 91-762, eff. December 13, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018; § 1(Exh. A), Ord. No. 2024-1154, adopted May 7, 2024)

Editor's note— See the note to § 9-9.403.

Sec. 9-9.405. - Same practical effect.

"Same practical effect" shall means an exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for fire fighter safety, including:

(a)

Access for emergency wildland fire equipment,

(b)

Safe civilian evacuation,

(c)

Signing that avoids delays in emergency equipment response,

(d)

Available and accessible water to effectively attack wildfire or defend a structure from wildfire, and

(e)

Fuel modification sufficient for civilian and fire fighter safety.

(§ 1, Ord. 91-762, eff. December 13, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Editor's note— See the note to § 9-9.403.

Sec. 9-9.406. - SRA Fire Safe Regulations

"SRA Fire Safe Regulations" shall mean the provisions of Section 1270 et seq. of Title 14 of the California Code of Regulations.

(§ 1, Ord. 91-762, eff. December 13, 1991; § 1(Exh. A), Ord. 2018-1114, adopted October 9, 2018)

Editor's note— See the note to § 9-9.403.

Article 5. - NONCONFORMING USES

Sec. 9-9.501. - Purpose.

The purpose of this article is to regulate uses which were lawfully established before the adoption of the portions of this Code which implement the SRA Fire Safe Regulations.

(§ 1, Ord. 92-783, eff. July 9, 1992)

Sec. 9-9.502. - Application.

The provisions of Article 5 of Chapter 2 of Title 9 of this Code, commencing with Section 9-2.501, shall apply to uses governed by those portions of this Code which implement the SRA Fire Safe Regulations. (§ 1, Ord. 92-783, eff. July 9, 1992)

CHAPTER 9.5 - LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONES Article 1. - PURPOSES AND APPLICATION

(a)

The provisions of this chapter are to designate into this Code levels of fire hazard consistent with State Law pursuant to Government Code Sec. 51179 in the Local Responsibility Area (LRA) that being moderate, high, and very high Fire Hazard Severity Zones (FHSZs) as recommended by the State Fire Marshall pursuant to Government Code Sec. 51178.

(b)

The official hazard map hereby incorporated by reference and entitled "Plumas County - Unincorporated LRA Local Responsibility Area Fire Hazard Severity Zones as Identified by the State Fire Marshall" (dated

January 22, 2025) has not been modified by the Board of Supervisors and shall be for the purpose of evaluating local wildfire hazard planning decisions and not insurance wildfire risk underwriting decisions. The official hazard map is also located electronically on the following County website: https://www.plumascounty.us/3354/LRA-Fire-Hazard-Severity-Zones-FHSZ-Map.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.102. - Application.

(a)

The application of the provisions of this chapter and those portions of this Code which implement the LRA FHSZs shall identify LRA areas in unincorporated Plumas County by the State Fire Marshal pursuant to Government Code Sec. 51178 as moderate, high, and very high FHSZs based on consistent statewide criteria and the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high FHSZs shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

(b)

LRA areas in unincorporated Plumas County are within the Town of Chester, Town of Quincy, Town of East Quincy, and Sierra Valley and are areas where the local agency fire protection special district is responsible for wildfire protection.

(c)

Local agency fire protection special districts responsible include Peninsula Fire Protection District (Town of Chester), Quincy Fire Protection District (Town of Quincy and Town of East Quincy), and Beckwourth Peak Fire Protection District (Sierra Valley).

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Article 2. - DEFINITIONS

Sec. 9-9.5.201. - Application.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined in this article.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.202. - [Fire hazard severity zones (FHSZS).]

"Fire hazard severity zones (FHSZS)" means areas designated as moderate, high, and very high by the state fire marshal pursuant to government code sec. 51178 in the local responsibility area (LRA) that are not in the state responsibility area (SRA).

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.203. - [Fuel.]

"Fuel" means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.204. - [Hazard.]

"Hazard" is based on the physical conditions that create a likelihood and expected fire behavior over a thirty (30) to fifty (50) year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.205. - [Local agency.]

"Local agency" means a fire protection special district responsible for wildfire protection within the local responsibility area (LRA).

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.206. - [Local responsibility area (LRA).]

"Local responsibility area (LRA)" means an area which a local agency is responsible for wildfire protection.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.207. - [Risk.]

"Risk" is the potential damage a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.208. - [Vegetation.]

"Vegetation" is fuel for a wildfire and means all plants, including trees, shrubs, grass, and perennial or annual plants.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

Sec. 9-9.5.209. - [Wildfire.]

"Wildfire" means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire.

(Ord. No. 2025-1159, § 1(Exh. A), 6-10-2025)

CHAPTER 10. - DEVELOPMENT IMPACT FEE PROGRAM

Sec. 9-10.01. - Definitions.

Development permit shall mean a building permit or other permit for construction, reconstruction or remodeling, except as excluded in Section 9-10.02 below. "Development permit" also includes permits for the erection of manufactured housing or structures and structures moved into the County. However, as set forth in Section 9-10.02 below, the building impact fee would not be imposed on replacement of existing homes in parks/land-leased communities or on single family lots as long as there is not an increase in the number of dwelling units.

Initial effective date shall mean sixty (60) days after adoption of the ordinance from which this chapter derives.

Lower income means an annual income less than eighty (80%) percent of the County's median income.

Low or moderate income means an annual income less than 120 percent of the County's median income.

New development or development project shall mean any development requiring a building permit or other permit for construction, reconstruction or remodeling when such development would involve a change of use or increase in the number of dwelling units.

Public facilities includes public improvements, public services and community amenities.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.02. - Purpose and applicability of section.

(a)

The Board of Supervisors declares the purpose of this chapter is to provide for the orderly, fair and fiscally sound development of property located with in the County of Plumas in order to promote the health, safety and welfare of the residents of Plumas County and to comply with the provisions of Government Code § 66000, et seq. or any applicable successor statutes.

(b)

The impact fee program established by previous board resolution and any subsequently adopted development impact fees shall apply to all new development or development projects as defined in Section 9-10.01 of this Code, with the following exceptions:

(1)

Government/public buildings, public schools, or other public facilities.

(2)

Alteration, remodeling, rehabilitation and/or reconstruction of, or additions to, any existing legal residential structure where no additional dwelling units are created and/or the use is not changed. Any change in use or increase in the number of dwelling units shall pay the current applicable development impact fees for such use or increase.

(3)

Alteration, remodeling, rehabilitation and/or reconstruction of any existing legal non-residential structure where there is no net increase in square footage of the structure and/or the use is not changed. Any change in use or increase in square footage of the structure shall pay the current applicable development impact fees for such use or increase.

(4)

The location or installation of a mobile home, without a permanent foundation, on any site. The fees applicable under this chapter shall not be applicable to a site preparation permit or an installation permit for a mobile home without a permanent foundation.

(5)

The fee shall also be waived for building permits pertaining to mobile/manufactured homes situated in an existing park/land-lease community where a permit to construct or operate the park or land-lease community was issued prior to the adoption of the ordinance from which this chapter derives, provided there is no additional site(s) being created or an expansion to the park/land-lease community.

(6)

Low or moderate income households. The fee paid may be refunded in total for individual residences, or residential developments, financed under any federal, state or local program which is designated for persons and families of very low, low, moderate, or lower income households and which has been approved by the County, or financed without government assistance and constructed by, or for, persons and families meeting the qualifications under the government programs. For purposes of the fee refund, the Community Development Commission is authorized to determine whether an applicant satisfies the applicable qualifications for a refund of the development impact fee following issuance of the final Certificate of Occupancy for the subject residential development by the Department of Planning & Building Services. The cumulative amount of refunds dispersed in any given fiscal year shall not exceed an amount determined and allocated by the Board of Supervisors. The Board may modify the refund allocation by resolution as it deems necessary.

(7)

Development projects where a building permit has been obtained prior to the effective date of this section.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.03. - Application of development impact fees.

(a)

Except as provided in Section 9-10.02, the Public Facilities Development Impact Fee (the "PFDIF") previously adopted by the Board shall be imposed on all new development or development projects for which a development permit is issued on or after the effective date of this section.

(b)

The PFDIF is hereinafter referred to collectively as the "impact fees" or the "fees."

(c)

By resolution, the Board may modify or amend the categories of public facilities funded by impact fees, as well as the and the specific infrastructure projects identified within each category to maintain compliance with the County's General Plan, Capital Improvement Plan, or any master facilities plan(s) subsequently adopted by the County. The procedures specified in Government Code § 66000 et seq. or any applicable successor statutes, shall be observed prior to the adoption of such resolution.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.04. - Land use utilized to compute fee.

(a)

New development or development projects shall be classified into one of the following types of uses, and shall pay the impact fee pursuant to that classification, as determined by the director of building and planning or his/her duly authorized designee:

(1)

Single family residential.

(2)

Multi-family residential.

(3)

Commercial/retail.

(4)

Industrial.

(5)

Office.

(b)

The impact fees due hereunder shall be determined and calculated by the Director of Building and Planning or his/her duly authorized designee in accordance with the Development Impact Fee Schedule adopted pursuant to Section 9-10.06 and/or Board resolution.

(c)

If a single project or building contains more than one of the types of specified uses (a mixed use), the impact fee shall be determined by applying to each use type the applicable fee for that individual use.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.05. - Impact fees in addition to other fees and charges.

Payment of the impact fees are in addition to the requirements imposed by other laws, policies or regulations of the County relating to the construction or the financing of public improvements within subdivisions or developments.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.06. - Amount of impact fee.

(a)

The specific amount of impact fees created to fund public and transportation facilities shall be initially set forth by a resolution of the Board of Supervisors adopting a Development Impact Fee Schedule (the "Schedule"). The Schedule may be amended annually or from time to time in accordance with the procedures and based upon the findings for such fees set forth in Government Code § 66000 et seq. or any applicable successor statutes.

(b)

On July 1 of each fiscal year, beginning in July 2008, the Director of Building and Planning, or his/her designee shall make annual adjustments to the dollar amounts on the Schedule by a percentage equal to the percentage change in the "Engineering News Record's Construction Cost Index—20 Cities Annual Average" for the preceding twelve-month period calculated from April 1 to March 31. This adjustment will offset the effects of inflation-related construction cost increases (or any deflation related decreases). If this index should cease publication, the director shall use any appropriate official index published by the Bureau of Labor Statistics, or successor, or similar agency as may then exist or may then be most nearly equivalent thereto. Land costs may be evaluated annually and adjusted as necessary based on the current market conditions at the time. The director shall present the new schedule for adoption by resolution of the Board after at least one public hearing.

(c)

At least once every five (5) years the Board shall review the basis for the impact fees to determine whether fees are still reasonably related to the needs of new development. If it is necessary to update the previously approved fee study to do so, the Board may amortize the cost of doing so over the following five-year period and include such cost as an element of the impact fees.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.07. - Purpose and use of impact fees.

(a)

The impact fees established by Board resolution and collected pursuant to the adopted Schedule shall be expended only for the public facilities for which they were imposed, calculated and collected. The impact

fees may also be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the county to finance such public facilities.

(b)

The impact fees may also be used to reimburse the County for the costs associated with the administration and implementation of the Impact Fee Program and to make refunds as required by Government Code § 66001 or any applicable successor statute.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.08. - Imposition and payment of impact fees.

(a)

Except as otherwise provided by the provisions of this section or any amendment or resolution adopted hereunder, the County shall impose the impact fee as a condition of approval of all new development or development projects.

(b)

In the case of non-residential new development or development projects, the impact fees shall be paid prior to the issuance of a building permit for construction of any part of the project.

(c)

Unless earlier payment is permitted pursuant to the provisions of Government Code § 66007, or any applicable successor statute, the Impact Fees for residential developments shall be paid on the date of the final inspection or on the date the certificate of occupancy is issued, whichever date occurs first. If earlier payment is permitted as may be determined by the building department, the impact fees shall be paid prior to the issuance of a building permit for construction of any part of the project.

(d)

In no event shall a certificate of occupancy be issued for a new development or development project without payment of the impact fees.

(e)

Whenever impact fees are imposed pursuant to this section, the County shall provide each applicant for a development permit with a notice in writing at the time of the approval of the development permit or at the time of the imposition of the impact fees, a statement of the amount of the fees and notification of the ninety-day approval period in which the applicant may protest the fees. Said notice shall be in substantially the following form:

"The conditions of project approval for your project, identified as ___________, include certain fees, dedication requirements, reservation requirements and/or other exactions more specifically described as: (identification of the amount of the Impact Fee and/or description of the dedications, reservations or other exactions. The applicant is hereby notified that the ninety-day protest period to challenge such items has

begun as of the date of the project approval or the date of the Impact Fee imposition, which was ________. If the applicant fails to file a protest regarding any of the fees, dedications, reservations or other exaction requirements as specified in Government Code § 66020, the applicant shall be legally barred from later challenges."

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.09. - Disposition of impact fees.

(a)

To avoid commingling of the PFDIF with other revenues and funds of the County, the County shall deposit any PFDIF collected in a separate Public Facilities Development Impact Fee Fund (the "PFDIF Fund"), which shall consist of individual accounts for each category of public facilities specified in that subsection, as such subsection may be amended from time to time. The PFDIF Fund shall be interest bearing and the accumulated interest shall become a part of the fund and shall be allocated amongst the individual accounts therein.

(b)

The PFDIF Funds (hereinafter referred to collectively as the "Funds") shall be used only to:

(1)

Fund the capital costs for the Public Facilities adopted by resolution of the County Board of Supervisors. The costs of construction of public facilities shall include acquisitions of property and property rights, costs of construction, including costs associated with planning, administration and design, as well as actual building or installation, or any other costs associated with the construction of the public facilities.

(2)

Reimburse the County to offset administrative costs associated with administering and updating the Impact Fee Program.

(3)

Make refunds if and when required by the applicable sections of Government Code § 66000 et seq., or any applicable successor statutes.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

The director of building and planning or his/her designee shall comply with the public reporting requirements for the funds and accounts therein within 180 days of the end of each fiscal year as specified in Government Code § 66006(b), or any applicable successor statute. The director or his/her designee shall also present the public reports to the board for review at the first regular board meeting that occurs not more than fifteen (15) days after the reports are made available to the public as specified in Government Code § 66006(b), or any applicable successor statute.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.11. - Findings requirements for funds; refunds.

For the fifth fiscal year following the first deposit into PFDIF Fund, and every five (5) years thereafter, the County shall make the findings required by Government Code § 66001(d), or any applicable successor statute, with respect to any monies remaining unexpended in the Funds and the accounts therein. The County shall also comply with the notice and refund provisions of Government Code §§ 66001(e) and (f), or any applicable successor statutes.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.12. - Protest.

Any person subject to the fee established by this section may protest the imposition of same by complying with the protest provisions in the Mitigation Fee Act (Government Code § 66000, et seq.) in effect at the time of the protest.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

Sec. 9-10.13. - Compliance; enforcement.

(a)

No person shall fail to pay, when due, any impact fees imposed pursuant to this section.

(b)

The impact fees due pursuant to this section shall constitute a debt to the County. An action for the collection thereof may be commenced in the name of the County in any court having jurisdiction of the cause; however, nothing in this subsection shall prevent a criminal prosecution for any violation of this section.

(c)

It shall be a misdemeanor to engage in any construction activity without first obtaining the required development permit and complying with all other applicable provisions of this section.

(§ 2, Ord. 07-1053, adopted January 9, 2007)

CHAPTER 11. - CREATION OF EASEMENTS THROUGH THE EXECUTION AND RECORDATION OF COVENANTS

Sec. 9-11.010. - Purpose and authority.

The purpose of this chapter is to implement California Government Code sections 65870-65875, inclusive, regarding the creation of easements through the execution and recordation of covenants.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.020. - Creation.

In addition to any other method for the creation of an easement, an easement may be created by a recorded declaration and covenant of easement made by an owner of real property to the County, in accordance with the procedures set forth in this chapter.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.030. - Purpose of easement.

An easement may be created pursuant to this chapter for one or more of the following purposes: parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.040. - Common ownership.

At the time of the recording of the declaration and covenant of easement, all the real property benefited or burdened thereunder shall be in common ownership. The declaration and covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge any other interest in real property. Section 1104 of the Civil Code, Easements Passing with Property, shall be applicable to the conveyance of the affected real property.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.050. - Enforcement.

A declaration and covenant of easement executed pursuant to this chapter shall be enforceable by the successors in interest to the real property benefited by the declaration and covenant of easement.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.060. - Contents.

The form of declaration and covenant of easement recorded pursuant to this part shall be approved as to form by the County Counsel and include the following:

(a)

Legal descriptions of the real property subject to the easement and the real property benefited by the easement; and

(b)

An identification of the approval, permit, or designation granted which relied upon or required the declaration and covenant of easement; and

(c)

A maintenance provision for the easement; and

(d)

A provision providing that the burdens of the declaration and covenant of easement shall be binding upon, and the benefits of the declaration and covenant of easement shall inure to, all successors in interest of the real property.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.070. - Execution.

The declaration and covenant of easement shall be executed and acknowledged by the record owner[s] of the real property subject to, and benefited by, the easement.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.080. - Recordation and effect.

The declaration and covenant of easement shall be recorded with the Plumas County Recorder's Office. The recorded declaration and covenant of easement shall impart notice thereof to all persons to the extent afforded by the recording laws of the State of California. Upon recordation, the burdens of the declaration and covenant shall be binding upon, and the benefits of the declaration and covenant shall inure to, all successors in interest to the real property.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.090. - Release of covenant.

(a)

The declaration and covenant of easement may be released in accordance with the procedure set forth in this section.

(b)

Any person, whether or not that person has title to the real property burdened or benefited by the easement, may file a written request for a public hearing on the release of the declaration and covenant of easement. The request for hearing shall be filed with the Clerk of the Board of Supervisors and shall include the following: (1) A conformed copy of the recorded declaration and covenant of easement; (2) legal descriptions of the real property benefited and burdened by the easement; (3) a statement that the request for hearing is being filed pursuant to the provisions of this chapter; and (4) a fee prescribed by the master fee schedule as determined pursuant to Section 9-11.100.

(c)

Upon notification and receipt of the request for release of declaration and covenant of easement, the Board of Supervisors shall hold a public hearing regarding a release of declaration and covenant of easement recorded pursuant to this chapter. At the conclusion of the public hearing, the Board of Supervisors shall determine and make a finding by resolution, based upon substantial evidence contained in the request and/or presented at the public hearing, whether the restriction imposed by the declaration and covenant of

easement is still necessary to achieve the land use goals of the County. If the Board of Supervisors determines that the declaration and covenant of easement may be released, the County shall cause to be recorded with the Plumas County Recorder's Office a release of the declaration and covenant of easement.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.100. - Fees.

The Board of Supervisors may adopt by resolution a fee to recover the reasonable cost of processing the release of the declaration and covenant from those persons requesting the release pursuant to Section 9- 11.090 of this chapter.

(Ord. No. 15-1098, § 2, 7-14-2015)

Sec. 9-11.110. - Standing to enforce or challenge.

Nothing in this chapter shall create in any person other than the County of Plumas and the owner of the real property burdened or benefited by the declaration and covenant of easement standing to enforce or to challenge the declaration and covenant of easement or any amendment thereto or release therefrom. The County shall have the right, but not the obligation to enforce the declaration and covenant of easement.

(Ord. No. 15-1098, § 2, 7-14-2015)