Plumas County Municipal Code Art. 4 Enforcement and Procedural Provisions

The Plumas County Department of Environmental Health is authorized to require the owner of any private property within the County to remove and properly dispose of solid waste which constitutes a threat to health and safety or a public nuisance. Environmental Health is authorized to enforce the provisions of this chapter.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

An officer from the Plumas County Department of Environmental Health, a Code Enforcement officer from the Plumas County Department of Planning and Building, a County, State or Federal peace officer or other designated agents are authorized to enter private property at any reasonable time to inspect such property and to perform any duty imposed upon him or her by the provisions of this chapter provided he or she shall first present proper credentials to the occupant and request entry, explaining his or her purpose. Notwithstanding the foregoing, if the authorized agent has reasonable cause to believe that there is an accumulation of solid waste or other unsanitary condition prohibited by this chapter on the premises which could be seriously detrimental to the public health or safety, he or she shall have the right immediately to enter and inspect such property and to use any reasonable means required to effect such entry and make such inspection, whether such property shall be occupied or unoccupied and whether or not permission to inspect has been obtained.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

(a) Any franchise granted pursuant to the provisions of this chapter may be suspended or revoked by the Board upon prior notice and a hearing. In order to suspend or revoke such franchise, the Board must find that the franchisee has failed to comply with one or more of the terms of such franchise agreement or this chapter, or has failed to render satisfactory collection services and that grounds exist within the franchise agreement for such suspension and/or revocation.

(b) The Administrator, upon prior notice and a hearing, may suspend or revoke any solid waste or recycling permit other than the franchise described in 6-10.403(a) of this article, granted pursuant to the provisions of this chapter or the applicable rules or regulations of the Plumas County Department of Public Works. Inactivity of a solid waste or recycling permit for a period in excess of thirty (30) days shall be good cause for revocation. Action to revoke or suspend a solid waste or recycling permit may be taken by the Administrator only after ten (10) days' advance written notice to the permittee of the cause and the permittee's right to a hearing thereon within the ten (10) days.

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the Plumas County Department of Environmental Health may suspend or impose special conditions upon a franchise contractor, solid waste or recycling permit holder without prior notice whenever such action is immediately necessary to protect the public health and safety. In the case of the franchise contractor, however, such actions must be consistent with the terms of the franchise agreement.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

The administration and enforcement of the health and safety requirements of this chapter shall be the responsibility of the Plumas County Department of Environmental Health.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

The administration and enforcement of the operational and permitting requirements of this chapter shall be the responsibility of the Plumas County Department of Public Works.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

The timely and efficient collection and disposal of solid waste and recyclable materials within unincorporated Plumas County as specified in the Plumas County Solid Waste Plan and in accordance with the terms and conditions of the current franchise agreement(s) shall be the responsibility of the franchise contractor(s).

(§ 2, Ord. 17-1106, adopted January 10, 2017)

All notices required or given pursuant to this chapter shall be deemed properly served five (5) days after deposit of certified mail with return receipt, postage prepaid, in the United States mail, addressed to the owner at the address provided or to a Franchise or permit holder at their local office. Notices to the County shall be addressed to the Plumas County Department of Environmental Health, 270 County Hospital Road, #127, Quincy, California 95971, and the Plumas County Department of Public Works, 1834 East Main Street, Quincy, CA 95971.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

Any person aggrieved by any decision or action resulting from the application of the provisions of this chapter may appeal to the Board. Such appeals shall be in writing and shall be received by the Clerk of the Board not more than fifteen (15) days after such decision or action. The Board shall delegate the hearing of such appeals to the Board-appointed Plumas County Integrated Waste Management Task Force (PCIWMTF) which shall promptly schedule and conduct a hearing and render a finding of facts and recommended decision to the Board. Thereafter, the Board shall make a final and binding decision on the matter, at which time administrative remedies shall be deemed exhausted.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

The Board may establish, by resolution, regulations for the administration and implementation of this chapter. A copy of the regulations established by resolution of the Board shall be filed with the Clerk of the Board and with the Plumas County Department of Public Works and the Plumas County Department of Environmental Health.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

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, by the Plumas County Code Enforcement Officer, and by employees of the Plumas County Department of Environmental Health as designated by the Director of Environmental Health. Such designated employees are authorized to make arrests and/or issue citations for violations of the health and safety regulations of this chapter.

(§ 2, Ord. 17-1106, adopted January 10, 2017)

A violation of any provision of this chapter is punishable as set forth in Chapters 2, 5 and 8 of Title 1 of the Plumas County Code of Ordinances.

(§ 2, Ord. 17-1106, adopted January 10, 2017)