Plumas County Municipal Code Ch. 15 Enforcement

The authority to enforce the provisions of Chapter 8 of Title 5, Titles 6, 8, and 9 of this Code, and to obtain compliance, shall be vested in the Plumas County Building Official, the Director of Planning and Building Services, the Director of Environmental Health, or their designees, and in the Code Enforcement Officers of Plumas County. Plumas County Code Enforcement Officers shall have the authority to issue citations and make arrests in the enforcement of Chapter 8 of Title 5, Title 6, Title 8, Title 9 of the Plumas County Code. Plumas County Code Enforcement Officers shall have the authority to issue citations and make arrests in the enforcement of California Penal Code Section 373(a) Maintaining a Public Nuisance After Abatement Notice, California Penal Code Section 374.4 Littering on Public or Private Property, and California Penal Code Section 402b Refrigerators, Washing Machines, Etc. Not In Use; Failure to Remove Door, Latch. "Code Compliance Officials" shall mean each and every person vested with enforcement authority by this section.

(§ 27, Ord. 90-746, eff. January 17, 1991, as amended by § 1, Ord. 92-783, eff. July 9, 1992; § 4, Ord. 00-938, eff. November 2, 2000; and § 1, Ord. No. 05-1035, adopted August 16, 2005)

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 8-15.03, to fail to comply with any Notice of Violation or Order to Abate Violation lawfully issued pursuant to the provisions of Title 8.

(§ 4, Ord. 00-938, eff. November 2, 2000; § 1, Ord. No. 05-1035, adopted August 16, 2005)

A violation of any provision of Title 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 a misdemeanor or infraction, and may be charged with either a misdemeanor or an infraction in the discretion of the arresting officer. In addition, the Court shall be granted discretion to reduce a misdemeanor to an infraction if it determines such action is in the interests of justice. 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 County Code Compliance Officials. The County may seek any and all enforcement remedies that its Code Compliance Officials find appropriate and in the public interest to protect the health, safety and welfare of the People of Plumas County.

(§ 4, Ord. 00-938, eff. November 2, 2000; § 2, Ord. 04-1010, adopted July 13, 2004; § 1, Ord. No. 05-1035, adopted August 16, 2005)

The enforcement remedies available to the Code Compliance Officials 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) Criminal penalties by infraction or misdemeanor citations and arrests issued by Code Enforcement Officers;

(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. 05-1035, adopted August 16, 2005)

After any person who is responsible for a violation of any provision in Title 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.

(§ 4, Ord. 00-938, eff. November 2, 2000; § 1, Ord. No. 05-1035, adopted August 16, 2005)

For purposes of enforcement of the provisions of Title 6, 8 and 9 of this Code, the Code Compliance Officials shall have the authority to enter and inspect any buildings, premises, or open lands pursuant to Section 104.2.3 of the Building Code and related state laws such as Health and Safety Code Section 17970. Additionally, when the approach to the building or premises is physically open, trespass is hereby authorized to allow the Officials to reach the main door along the main path of travel so they can knock on the door or otherwise gain the attention of any occupants for the narrow purpose of showing their credentials and seeking consent for the inspection.

(§ 15, Ord. 02-984, adopted November 12, 2002)