Plumas County Municipal Code Art. 7 Administration and Enforcement

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

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

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)

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)

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)

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)

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)