Article 7 — ADMINISTRATION AND ENFORCEMENT

Sec. 9-8.701. - Administration.

It shall be the duty of the Planning Director to administer the provisions of this chapter.

(§ 1, Ord. 87-674, eff. October 8, 1987)

Sec. 9-8.702. - Enforcement.

The provisions of this chapter shall be enforced by any peace officer as defined in Chapter 4.5, Title 3 of Part 2 of the California Penal Code, Plumas County Code Enforcement Officers and by employees of the Department of Planning and Building Services as designated by the Planning Director. Plumas County Code Enforcement Officers shall have the authority to issue citations and make arrests in the enforcement of this Chapter 8. Violations may also be abated by civil actions instituted by the Office of the County Counsel.

(§ 8, Ord. 86-623, eff. February 6, 1986, as amended by § 1, Ord. 90-738, eff. November 1, 1990; § 1, Ord. No. 05-1036, adopted August 16, 2005)

Sec. 9-8.703. - Violations: Legal effect: Continuing violations.

A violation of any provision of this Chapter 8 has the legal effect of being a civil wrong or inequity that is in the nature of a nuisance. Moreover, any person violating any provision of this chapter shall be guilty of an infraction. Provisions of this chapter may be enforced by any peace officer as defined by the California Penal Code, County Code Enforcement Officers authorized to issue citations and make arrests, and employees of the Department of Planning and Building Services as designated by the Director. The County

may seek any and all enforcement remedies that the Director or his designees or County Code Enforcement Officers find appropriate and in the public interest to protect the health, safety and welfare of the People of Plumas County. After any person who is responsible for a violation of any provision in this Chapter 8, has been given notice of the violation, and such person does not comply or otherwise correct the violation within the time prescribed in the notice, then from that day forward, the continuing violation shall be deemed to be a separate offense on each and every day that the violation persists. A person who knowingly commits or suffers the continuing violation shall be guilty of a separate offense each and every day that the violation persists.

(§ 1, Ord. 87-674, eff. October 8, 1987; § 1, Ord. No. 05-1036, adopted August 16, 2005)

Sec. 9-8.704. - Cumulative enforcement remedies.

The remedies available to the officials enforcing Chapter 8, of Title 9 under the laws of California and Plumas County shall be cumulative. Such remedies include, but are not limited to, the following:

(a)

Injunctive relief or nuisance abatement orders granted in judicial proceedings;

(b)

Summary abatement of a nuisance by order of the Code Compliance Officials or Board of Supervisors, as authorized by state law, when a nuisance constitutes an immediate threat to public health or safety;

(c)

Penalties by infraction citations issued by Code Enforcement Officers for violations not expressly designated as misdemeanors, as is set forth in Section 1-2.01 of Title 1 of the Plumas County Code;

(d)

Civil penalties or fines imposed by administrative order or court judgment, pursuant to California Government Code Section 53069.4;

(e)

Recovery of the administrative fees and physical costs of nuisance abatement pursuant to California Government Code Section 25845(b); and recovery of any fee, cost, or charge as provided by Government Code Section 54988;

(f)

Recovery of attorney's fees by the prevailing party in any action, administrative proceeding, or special proceeding, in which the County elects at the initiation of the action or proceeding to seek to recover its attorney's fees, pursuant to California Government Code Section 25845(c); and

(g)

Recovery of treble costs of abatement upon entry of a second or subsequent civil or criminal judgment within a two-year period, pursuant to California Government Code Section 25845.5, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, so long as the judgment finds that the condition may be abated in accordance with an ordinance enacted pursuant to Section 25845.

(§ 4, Ord. 00-938, eff. November 2, 2000; § 1, Ord. No. 05-1036, adopted August 16, 2005)

Sec. 9-8.705. - Notices and orders generally.

Unless otherwise provided by law for a specific enforcement remedy, any notices and orders by Code Compliance Officials shall be substantially as described for Notices of Violation and Abatement Orders in Section 17980-17980.6 of the California Health and Safety Code and in a form approved by the Plumas County Counsel and shall, as a minimum, specify:

(a)

The date of such Notice or Order, and

(b)

The name, address and telephone number of the Enforcement Agency, and

(c)

The owner's name and mailing address and the address and assessor's parcel number of the property upon which the violation has been determined to exist, and

(e)

A description of the conditions of the violation to be abated, and

(f)

The specific code(s) violated, and

(g)

An order that the property owner abate the violation within the time period specified and, notice that upon failure to do so, said violation may be abated by the Enforcement Agency, with the costs thereof, together with administrative fees, assessed to the owner of the land on which said violation is located, and

(i)

A statement that the owner of the property, or his agent, may appeal the Notice or Order within the compliance period specified and appear in person at any appeal hearing conducted and that failure to appeal will result in Enforcement Agency abatement without any such hearing, and

(j)

The name, signature and date of the authorized issuer and issuance of the Notice or Order.

It shall be a violation, as set forth in Section 9-8.703, to fail to comply with any Notice of Violation or Order to Abate Violation lawfully issued pursuant to the provisions of Title 9.

(§ 1, Ord. No. 05-1036, adopted August 16, 2005)

Sec. 9-8.706. - California Department of Forestry and Fire Protection.

The headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer State Responsibility Area fire protection in Plumas County shall be given reports of violations of this chapter.

(§ 1, Ord. 91-762, eff. October 3, 1991; § 1, Ord. No. 05-1036, adopted August 16, 2005)

CHAPTER 9. - STATE RESPONSIBILITY AREA FIRE SAFE REGULATIONS Article 1. - PURPOSE AND APPLICATION

Sec. 9-9.101. - Purposes.

The provisions of this chapter are to complete integration of the SRA Fire Safe Regulations into this Code and to specify those portions of this Code which implement those regulations.

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

Sec. 9-9.102. - Application.

The application of the provisions of this chapter and those portions of this Code which implement the SRA Fire Safe Regulations shall be held to be only the minimum requirements for the promotion of the public health, safety and general welfare.

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

Sec. 9-9.103. - Specification.

The portions of this Code which implement the SRA Fire Safe Regulations are:

1.

Chapter 14 of Title 8;

2.

Section 9-2.227.5 of Article 2 of Chapter 2 of Title 9;

3.

Section 9-2.419 of Article 4 of Chapter 2 of Title 9;

4.

Sections 9-2.1205, 9-2.1305, 9-2.1405, 9-2.1505, 9-2.1605, 9-2.1705, 9-2.1805, 9-2.1905, 9-2.2005, 9- 2.2105, 9-2.2205, 9-2.2305, 9-2.2405, 9-2.2505, 9-2.2605, 9-2.2905, 9-2.3005, 9-2.3105, 9-2.3207, 9-

2.3305, and 9-2.3405 of Chapter 2 of Title 9;

5.

Sections 9-3.105(m), 9-3.105(n), and 9-3.314 of Article 3 of Chapter 3 of Title 9;

6.

Sections 9-4.311.5, 9-4.312.5, 9-4.314.5, 9-4.315.5, 9-4.320.5, and 9-4.332 of Article 3 of Chapter 4 of Title 9;

7.

Sections 9-4.403 through 9-4.413, inclusive, of Article 4 of Chapter 4 of Title 9;

8.

Sections 9-4.501 through 9-4.503 of Article 5 of Chapter 4 of Title 9;

9.

Sections 9-4.601, and Sections 9-4.603 through 9-4.605 of Article 6 of Chapter 4 of Title 9;

10.

Section 9-4.906 and 9-4.907 of Article 9 of Chapter 4 of Title 9;

11.

Sections 9-4.1001 through 9-4.1006 of Article 10 of Chapter 4 of Title 9;

12.

Chapter 8 of Title 9, commencing with Section 9-8.101;

13.

Chapter 9 of Title 9, commencing with Section 9-9.101.

(§ 1, Ord. 91-762, eff. October 3, 1991, as amended by § 1, Ord. 92-783, eff. July 9, 1992)

Article 2. - EXCEPTIONS

Sec. 9-9.201. - Purpose.

The purpose of this article is to provide for exceptions from the provisions of this Code which implement the SRA Fire Safe Regulations in a manner consistent with the General Plan and public health, safety, and welfare, where the exceptions provide the same overall practical effect as these regulations towards providing defensible space.

(§ 1, Ord. 92-783, eff. July 9, 1992)

Sec. 9-9.202. - Exceptions.

(a)

Exceptions from the provisions of Title 9 of this Code which implement the SRA Fire Safe Regulations may be made through a planned development permit. The provisions of this section shall apply in addition to those of Section 9-2.702 of Article 7 of Chapter 2 of Title 9 of this Code.

(b)

Exceptions from the provisions of Chapter 4 of Title 9 of this Code commencing with Section 9-4.101, which implement the SRA Fire Safe Regulations may be made through a modification permit. The provisions of this section shall apply in addition to those of Section 9-4.202 of Article 2 of Chapter 4 of Title 9 of this Code.

(c)

Exceptions from the provisions of Chapter 2 of Title 9 of this Code commencing with Section 9-2.101, which implement the SRA Fire Safe Regulations may be made through a variance. The provisions of this section shall apply in addition to those of Article 8 of Chapter 2 of Title 9 of this Code, commencing with Section 9-2.801.

(d)

Exceptions from the provisions of Chapter 8 of Title 9 of this Code commencing with Section 9-8.101 may be made by the Planning Director after consultation with the headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer State Responsibility Area fire protection in Plumas County and the local fire protection entity.

(e)

Exceptions from the provisions of Title 8 of this Code which implement the SRA Fire Safe Regulations may be made by the Building Official after consultation with the headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer. State Responsibility Area fire protection in Plumas County and the local fire protection entity.

(f)

In addition to what is otherwise required, applications for exceptions from the provisions of this Code which implement the SRA Fire Safe Regulations shall:

(1)

State the specific sections from which an exception is requested;

(2)

Provide material facts supporting the exception;

(3)

State the details of the exception or mitigation proposed as providing the same practical effect as the section from which an exception is requested; and

(4)

Provide a map showing the proposed location and siting of the exception or mitigation.

(g)

When a hearing is required for an exception, notice of the hearing shall be given to the Headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer State Responsibility Area fire protection in Plumas County and to the appropriate fire protection entity in a manner consistent with the provisions of Article 11.5 of Chapter 2 of Title 9 of this Code, commencing with Section 9-2.1151.

(h)

In granting an exception, a finding shall be made that the exception provides the same overall practical effect as the section from which it is granted.

(§ 1, Ord. 91-762, eff. October 3, 1991, as amended by § 1, Ord. 92-783, eff. July 9, 1992)

Article 3. - APPEALS

Sec. 9-9.301. - Authorized.

Decisions on exceptions from the sections of this code which implement the SRA Fire Safe Regulations may be appealed in writing to the Board, within ten (10) days after the decision by:

(a)

The applicant;

(b)

Any owner of real property within 300 feet of the exterior boundaries of the property involved who was present at any hearing held for an exception or who presented written testimony for that hearing, or who may be adversely affected by the decision;

(c)

Such other person whom the Board determines to have been adversely affected by the decision; or

(d)

Any interested County department head, the headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer State Responsibility Area fire protection in Plumas County, local fire protection entity.

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

Appeals shall be initiated by filing a written notice of appeal with the Clerk of the Board, paying the fee therefor, and stating in the written notice of appeal the reasons why the decision on the exception should be amended, modified, or reversed. Such reasons shall be based upon the evidence presented at the original hearing or upon evidence presented to the Planning Director or Building Official at the time of his decision, or shall be based on evidence of adverse effects on the appellant, if not the applicant, of the decision. The failure of the appellant to present such reasons shall be deemed cause for the denial of the appeal.

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

Notices of hearings on appeals from decisions on exceptions from the sections of this Code which implement the SRA Fire Safe Regulations shall be given by the Clerk of the Board, as provided in Article 11.5 of Chapter 2 of Title 9 of this Code, commencing with Section 9-2.1151, with the appellant considered to have filed a written request for notice as provided for in Section 9-2.1153 of that article.

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

Sec. 9-9.304. - Jurisdiction of the Board of Supervisors.

The Board may assume the jurisdiction of any matter which may be decided by the Zoning Administer or the Commission by a simple majority vote of the quorum at any time prior to a decision. Upon the assumption of jurisdiction by the Board, a hearing shall be scheduled and notice shall be given by the Clerk of the Board as provided in Article 11.5 of Chapter 2 of this title.

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

Sec. 9-9.305. - Findings.

If an appeal made under this article is granted the Board shall make findings that the decision meets the intent of providing defensible space consistent with the SRA Fire Safe Regulations. The findings shall include a statement of reasons for the decision. A written copy of the findings shall be provided to the headquarters of the Ranger Units of the California Department of Forestry and Fire Protection which administer State Responsibility Area fire protection in Plumas County.

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