6.6. ENFORCEMENT

[AMENDED 12-01-2017]

This Code shall be enforced by the Director of Planning and Environmental Review and the Chief of Code Enforcement or his or her successor. The Director may be provided with the assistance of such other persons as he or she may designate. If the Director shall find that any provision of this Code is being violated, the Director shall notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to enforce it.

No person shall develop or use any land, building, or structure within the County in violation of this Code, regulations authorized under this Code, or the terms and conditions of permits issued under this Code.

Any permit or license that purports to authorize an activity in conflict with the provisions of this Code, intentionally or otherwise, shall be null and void.

All applicants for building permits or other permits shall meet the filing and processing requirements established in the Uniform Building Code, and other Uniform Codes adopted by the County, in addition to meeting the requirements of this Code.

Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the County pursuant to previous regulations. Enforcement actions initiated prior to August 22, 2015 may be continued to completion or settlement under the terms of the regulations in effect prior to August 22, 2015.

6.6.7.A. Complaints Regarding Violation

Any person may file a complaint either in writing, via the County 311 system, phone call, or via another acceptable form of communication to the Director alleging a violation of this Code and stating the basis of the complaint. The Director shall record such complaint, investigate, and take such action as he or she deems appropriate and as provided by this Section.

6.6.7.B. Inspection

The Director and authorized representative may upon the presentation of credentials to the occupant or owner enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting said premises, building, or structure to determine if the same are being used in compliance with the provisions of this Code. If admission or entry is refused, the Director may apply to the County Counsel to obtain an inspection warrant.

Each of the following activities shall constitute a violation of this Code:

6.6.8.A. Activity Inconsistent with Code

Any development, use or other activity of any building, structure, or sign, or development or subdivision of any land, in contravention of any provision of this Code or any regulation promulgated under this Code.

6.6.8.B. Activity Inconsistent with Permit or Approval

Any development, use, or other activity in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity, whether issued under or required by this Code.

6.6.8.C. Illustrative Examples of Violations

Examples of activities inconsistent with this Code or with permit or approval issued under this Code include, but are not limited to, the following:

1. Use of any land, structure, or improvement except in accordance with the requirements of this Code;

2. Increasing the density or intensity of any use of any land or structure except in accordance with the requirements of this Code;

3. Filing or recording of a subdivision plat in any public office without approval for recording pursuant to this Code;

4. Failure to remove a temporary use once authorization for the temporary use under this Code and all other applicable regulations has lapsed;

5. Failure to cease or remove a conditional use after a Conditional Use Permit has lapsed;

6. Storage or maintenance of goods, materials, products, or other items outside and in plain view including, but not limited to operable vehicles or equipment, or abandoned vehicles, except in compliance with this Code;

7. Reduction or diminishment of lot area, lot width, street frontage, setbacks, vegetation, or open space below the minimum requirements set forth in this Code or as otherwise approved;

8. Damage to or removal of vegetation inconsistent with this Code;

9. Creation, expansion, replacement, or change of a nonconformity inconsistent with this Code and all other applicable regulations;

10. Failure to remove any sign installed, created, erected, or maintained in violation of this Code, or for which a permit has lapsed;

11. Failure of a property owner to construct, improve, or maintain any amenity, landscaping, buffers, fencing, or other improvements required by the terms of any permit or approval;

12. Failure to maintain required landscaping as set forth in this Code; or

13. Failure to initiate, establish, and comply with all conditions of approval of any permit or approval prior to initiating or establishing the use, development, or activity such permit or approval allows.

6.6.8.D. Notice of Violation

1. Written notice stating that a violation shall be corrected within the time frame allotted in the notices shall be served upon the property owner, agent, applicant, or other person who commits, participates in, assists, or maintains such violation, or such notice may be posted in a prominent location at the place of violation.

2. Within the time frame allotted by the written notice of violation, if arrangements acceptable to the Director have not been made, the Director shall enforce the violation according to one or more of the provisions of Section 6.6.9.

Violation of the Code shall constitute a misdemeanor. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this Section. Each day that a violation occurs or remains uncorrected shall constitute a separate and distinct violation of this Code.

6.6.9.A. Fines and Imprisonment

[AMENDED 01-15-2021]

Any person who violates any of the provisions of this Code, upon conviction, shall be punished pursuant to SCC Section 1.09.190.

6.6.9.B. No Acceptance of Public Improvements

No acceptance of public improvements shall be authorized until stated violations are in compliance and/or all fines for violations of this Code have been paid to the County.

6.6.9.C. Withholding Issuance of Permits and Approvals

No building permit or certificate of occupancy may be issued under this Code unless all structures and uses of land and structures permitted under the permit or certificate conform to this Code, the regulations promulgated under this Code, and the terms and conditions of any other permit issued under this Code that apply to the use or structure. A building permit or certificate of occupancy issued in violation of this Section is void.

6.6.9.D. Revocation of Permits and Approvals

Any permit, certificate of occupancy, or other approval issued pursuant to this Code may be revoked when the Director determines that:

1. There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval.

2. The permit or approval was procured by false representation;

3. The permit or approval was issued in error; or

4. There is a violation of any provision of this Code.

An appeal to the Director’s determination to revoke a permit or approval shall be heard by the Planning Commission. This section does not apply to the revocation of discretionary permits pursuant to 6.4.1.G.

6.6.9.E. Stop-Work Orders

The Director has the authority to issue a stop work order in the following circumstances:

1. Whenever any building or structure or site or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in violation of any state or municipal building law, or in a manner that endangers life or property, the Director has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard.

2. With or without revoking permits, the Director may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this Code, or a provision of an entitlement, or other form of authorization issued under this Code.

3. The stop-work order shall be in writing directed to the person doing the work, and shall specify the provisions of this Code or other law allegedly in violation, and the conditions for resumption of work. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

4. The stop-work order shall also indicate that failure to comply with the order may subject the violator to civil and/or criminal liability as penalty for the violation(s).

5. Once conditions for resumption of the work have been met, the Director shall rescind the stopwork order.

6.6.9.F. Abatement Procedure

Any building, structure, or recreation vehicle, set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Code or any use of land, building or premises conducted, operated or maintained contrary to the provisions of this Ordinance or contrary to a permit or variance or the terms and conditions imposed therein shall be, and the same is hereby declared to be unlawful and a public nuisance, and the Director shall commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such building, structure or vehicle and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building, structure, or vehicle or using any property contrary to the provisions of this Code.

6.6.9.G. Authority to Arrest

In the performance of his duties, the Director shall have the authority and impunities of a public officer and employee as set forth in CA PEN §836.5 to make arrests without a warrant whenever the Director has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of this Code.

6.6.9.H. Alternative Abatement Procedures

In addition to the procedures authorized by Section 6.6.9.F, upon a determination by the Director that a violation exists, the notice required by Section 6.6.1 may include a notice to the owner that costs of abatement, as defined by Section 6.6.9.I may be assessed against the owner if the violation is not corrected. If such notice is provided it shall include a provision that the owner may, within 15 days from the date notice was mailed, request in writing the opportunity to appear before the Board of Supervisors to contest the Director’s determination. That request shall be subject to the same fee as charged for an appeal of the Director’s determination, unless a different fee is established by the Board of Supervisors, but such request shall be heard by the Board of Supervisors.

6.6.9.I. Costs of Enforcement-Confirmation

1. Costs. When proceedings under this Code result in the correction of a violation of this Code or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of this code, all costs of such proceedings and abatement incurred by the County may be assessed against the property. Such costs may include, but not by way of limitation, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing and defending challenges to decisions or actions and pursuing any judicial action. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

2. Attorneys’ Fees. Pursuant to CA GOV §25845, attorneys’ fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.

3. Accounting of Enforcement Costs. The Director shall keep an account of unpaid administrative and other costs of enforcement proceedings, and shall submit to the Clerk of the Board of Supervisors an itemized written report showing such unpaid costs and their proposed assessment to the respective properties. The report shall be filed with the Clerk of the Board of Supervisors not later than 15 calendar days in advance of the confirmation hearing required below.

4. Clerk to Schedule Public Hearing to Confirm Report of Costs. Upon receipt of the report of costs, the Clerk of the Board of Supervisors shall schedule a public hearing before a County Hearing Officer appointed pursuant to CA GOV §27720 to receive protests and confirm the report.

5. Notice of Public Hearing to Confirm Report of Costs. Notice of the time, date and place of the hearing proposed assessment, together with reference to the report on file with the Clerk, shall be given to the 1) owner or owners as shown on the last equalized assessment roll available on the date of mailing of the notice, 2) each party in interest of each parcel of property proposed to be assessed, and to 3) any party known to be in possession of the property proposed to be assessed.

6. Time for Giving Notice. Such notice shall be served not later than 15 calendar days in advance of the hearing.

7. Service of Notice

• a. Owner. Notice to the owner or owners of each property proposed to be assessed shall be served by certified mail, postage prepaid, addressed to the owner at the address shown on the last equalized assessment roll, or any other address or addresses ascertained to be more accurate. If no address or owner is shown on the last equalized assessment roll, then notice shall be given by publication in a paper of general circulation within the County. Notice shall also be posted on the property. The notice published in a newspaper of general circulation shall show the name or names of the owner or owners if known, the assessor's parcel number, the street address of the property, if the property has an address and the address is known to the Director, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report of costs on file with the Clerk. Such publication shall be made not later than 15 calendar days in advance of the hearing.

• b. Party in interest. Notice to each party in interest of each property proposed to be assessed shall be served by certified mail, postage prepaid, addressed to the party in interest at the address shown on the instrument of record creating such interest in the property, or any other address or addresses ascertained to be more accurate. If no address for such party in interest is known, then notice shall be given by publication in a paper of general circulation within the County. Such publication shall be made not later than 15 calendar days in advance of the hearing.

• c. Public. Notice of the time, date and place of the public hearing by the County Hearing Officer shall be published once in a newspaper of general circulation published within the County. Such publication shall be made not later than 15 calendar days in advance of the hearing.

• d. Party in Possession. Notice of anyone known to be in possession of the property proposed to be assessed shall be served by certified mail, postage prepaid, to the party known to be in possession to the property address or any other address or addresses ascertained to be more accurate.

• e. Service Effective. Service shall be complete and effective as of the date of mailing or publication, as may be appropriate, as herein provided. The failure of any person to

receive such notice shall not affect the validity of any proceedings taken pursuant to this Section.

8. Proof of Service. Proof of service by mail shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice retained by the Director. Proof of posting a copy of the notice shall be certified by written declaration under penalty of perjury executed by the person effecting posting and declaring the time, date and location posting was effected. Proof of service by publication shall be certified by written declaration under penalty of perjury executed by the person authorized to so by the newspaper of general circulation declaring the date the notice was published by a newspaper of general circulation within the County, and a copy of the published notice shall be affixed to such declaration.

9. Protests. Protest or objection to all or part of the report of costs may be in writing or may be given orally at the hearing for confirmation of the report of costs. Written protests or objections to all or part of the report of costs shall specify the hearing date, hour and description of the subject property.

10. Public Hearing by County Hearing Officer; Confirmation of Costs. Upon the day and hour fixed in the notice a County Hearing Officer shall conduct a public hearing to consider and pass upon the report of costs, together with any such protests or objections thereto. The County Hearing Officer may continue the hearing from time to time. The County Hearing Officer may make such revision, correction or modification of the report or the charge as he may deem just and shall then confirm the report by written notice to the Director.

• a. Personal Obligation. If, after the hearing at which each owner shall have the opportunity to address the issue, the County Hearing Officer orders the charge to be a personal obligation of each owner of the property involved, then he shall direct collection of the charge by use of all appropriate legal remedies.

• b. Special Assessment. If, after the hearing at which each owner shall have the opportunity to address the issue, the County Hearing Officer orders that the charge shall be assessed against the property, he shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property.

• b. Special Assessment. If, after the hearing at which each owner shall have the opportunity to address the issue, the County Hearing Officer orders that the charge shall be assessed against the property, he shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property.

11. Service of Confirmed Report of Costs. Promptly following confirmation of the report by the County Hearing Officer, the Director shall serve upon the owner or owners, and all parties in interest, a copy of the confirmed report of costs. The confirmed report of assessment shall include the following items: 1) the amount of the confirmed costs and whether such costs are assessed as a personal obligation or special assessment, 2) demand that the same be paid in full to the County within 30 days from the date of service, 3) a statement that failure to receive payment within the time allotted shall result in the costs either becoming a personal obligation of the owner or a special assessment lien against the subject property, and 4) a statement identifying the right to appeal to the Board the confirmed report of costs. Service of the confirmed report of costs shall be effected in the same manner as service of the notice of hearing as set forth above in this section, except for the requirements of posting the property and publication in a newspaper of general circulation unless the last equalized assessment roll does not list the owner(s) or address(es) for the property to be assessed.

6.6.10.A. Costs Liened if Not Paid within Thirty Days.

If the costs as confirmed have not been received by the County within 30 days of the date notice thereof is effective, or an appeal to the Board is final, and costs are ordered to be assessed against the property, the costs shall be assessed against the parcel of land, as authorized by CA GOV §25845. A notice of abatement lien may be recorded against the subject property and notice thereof shall be transmitted to the tax collector. Collection of the special assessment shall be in the same manner as ordinary county taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.

6.6.10.B. Transfer to Bona Fide Purchaser.

If, subsequent to the service of the notice and order, and prior to notice being given to the tax collector for collection as set forth in subsection a. above, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, whichever is later.

6.6.10.C. Remedies Cumulative.

In addition to assessing the unpaid costs as provided in Section 6.6.10.A, the Tax Collector or his designated representative may pursue any remedy provided by law for collection of the unpaid costs.

Pursuant to CA GOV §25845.5, upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner is responsible for a condition that may be abated pursuant to CA GOV §25845, a court may order the owner to pay treble the costs of abatement.

6.6.12.A. Manner of Appeal.

Any person entitled to service of a confirmed report of costs may appeal the County Hearing Officer’s decision to the Board of Supervisors by filing at the office of the Clerk an appeal fee, established by resolution of the Board, and a written appeal. The appeal shall not be deemed filed until payment of the appeal fee is received by the Clerk; provided, however, that the appeal fee required may be waived on the basis of financial hardship.

6.6.12.B. Form of Appeal.

The written appeal shall state:

1. The names of all appellants participating in the appeal.

2. A brief statement setting forth the legal interest of each of the appellants in the property described in the confirmed report of costs.

3. A brief statement in ordinary and concise language of the material facts claimed to support the contentions of the appellant(s).

4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the confirmed report of costs should be reversed, modified or otherwise set aside.

5. The signature of each party named as an appellant and their official mailing address(es).

6. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

6.6.12.C. Failure to Notice Appeal.

Failure of any person to properly appeal pursuant to this Section shall constitute a waiver of his or her right therein.

6.6.12.D. Processing of Appeal.

Upon receipt of any appeal and appeal fee filed pursuant to this Section, the Clerk shall immediately transmit a copy of the written appeal to the Director. The Director shall thereafter provide the Clerk a copy of the confirmed report of costs for the property indicated in the appeal.

6.6.12.E. Scheduling and Noticing Appeal for Hearing.

As soon as practicable after receiving the copy of the written appeal transmitted by the Clerk, the following shall occur:

1. Date. The Clerk shall fix a date, time, and place for the Board’s hearing of the appeal. Such date shall be within 15 days of the filing of the appeal and payment of the appeal fee.

2. Notice. The Clerk shall give written notice of the time and place of the hearing at least five days prior to the date of the hearing to each appellant and the Director by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, certified postage prepaid return receipt requested, addressed to each appellant at his or her address shown on the appeal. Notice shall be effective upon personal delivery or five days after mailing.

6.6.12.F. Action by Board.

Following its consideration of the confirmed report of costs, the written appeal, and any objections or arguments raised at the public hearing, the Board may make such revision, correction or modification of the report as it may deem just. The report as submitted or as revised, corrected or modified shall thereafter be confirmed or rejected as set forth in this Section.

6.6.12.G. Form and Finality of Decision.

The decision of the Board shall be in writing and shall contain 1) the amount of the confirmed costs and whether such costs are assessed as a personal obligation or special assessment, 2) a demand that the same be paid in full to the County within 30 days, 3) a statement that failure to receive payment within the time allotted shall result in the costs either becoming a personal obligation of the owner or a special assessment lien against the subject property, and 4) a statement that judicial review is governed by California Code of Civil Procedure Section 1094.6. A copy of the decision shall be delivered to each appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested. The decision of the Board of Supervisors on the report and on all objections or protests shall be final and conclusive when served as herein provided.

The validity of any cost confirmation made under the provisions of this Code shall not be contested in any action or proceeding unless the same is commenced within 30 days after the service of confirmed report of costs is effective.