Chapter 1.03 — CODE ENFORCEMENT

Section

• 1.03.001 Purpose
• 1.03.002 Criminal penalties
• 1.03.003 Civil actions
• 1.03.004 Treble costs
• 1.03.005 Administrative abatement
• 1.03.006 Notice of violation
• 1.03.007 Denial of permits, licenses or other entitlements
• 1.03.008 Appeal
• 1.03.009 Investigation fee
• 1.03.010 Reinspection fee
• 1.03.011 Powers and duties of Enforcing Officers
• 1.03.012 Remedies cumulative
• 1.03.013 Administrative policies and procedures
• 1.03.014 Expedited administrative abatement of code violations
• 1.03.015 Responsibility of property owner
• 1.03.016 Recovery of attorneys' fees
• § 1 03 001 PURPOSE

(A) The purpose of this chapter is to provide a comprehensive and uniform code enforcement program in order to ensure compliance with all county ordinances that incorporate the remedies specified by this chapter. (B) The Board of Supervisors finds that fair and effective code enforcement is needed to protect the health and safety of the residents of San Benito County and to preserve a healthy economic climate in the county. The Board further recognizes that there are scarce financial resources available to counties. The Board determines that these resources must be managed to economically enforce code compliance. The Board concludes that first resort to administrative remedies conserves the financial resources of all parties when compared to the high costs of litigation. Additionally, administrative remedies often result in faster resolution of violations. Finally, the Board desires to create a variety of enforcement remedies so as to maximize efforts to ensure code compliance. (1966 Code, § 19-1) (Ord. 567, § 1(part); Ord. 1073, § 3 (part), 2024)

(A) Misdemeanors. Every violation of a county ordinance determined to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding $1,000, or by both the fine and imprisonment. (B) Infractions. Every violation of a county ordinance determined to be an infraction is punishable by a fine not exceeding $100 for a first violation; a fine not exceeding $200 for a second violation of the same ordinance within one year; and a fine not exceeding $500 for each additional violation of the same ordinance within one year. (C) Continuing violation. Each separate day or portion thereof that any person violates or continues to violate a county ordinance shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punished as provided herein. (D) Citations. Those county employees designated as “Enforcing Officers” are authorized pursuant to Cal. Penal Code § 836.5 and Cal. Penal Code Chapter 5C (commencing with § 853.5) of Title 3 of Part 2 to issue citations for violations of any county ordinance. The following employees are designated “Enforcing Officers”: Code Enforcement Officer, Building Official, Building Inspector, Health Officer or designate. (1966 Code, § 19-2) (Ord. 567, § 1(part); Ord. 1073, § 3 (part), 2024)

(A) The county counsel may bring a civil action to enjoin or abate a public nuisance or a violation of a county ordinance. (B) In any civil action brought to enjoin or abate a public nuisance or violation of a county ordinance, the county may recover all costs and expenses, including, but not limited to, costs of investigation and discovery. In addition, the prevailing party may recover its attorney’s fees. Recovery of attorneys’ fees to the prevailing party shall be limited to those individual actions or proceedings in which the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fee. In no action 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. (1) Except as provided in division (B)(2) below, any person who creates or maintains a public nuisance or who violates, or fails to comply with, any ordinance of San Benito County shall be liable for a civil penalty not to exceed $2,500 for the creation or maintenance of a public nuisance or for each violation or failure to comply. It shall be a separate offense for each and every day during any portion of which any person knowingly and intentionally commits, continues or permits a public nuisance or a violation of any provision of any ordinance of San Benito County. (2) Any person who constructs a dwelling unit or converts a structure for human habitation without any permit required by any provision of a San Benito County ordinance shall be liable for a civil penalty in the amount of any rent received from any person occupying the illegal structure, or, in the alternative, in the amount of the reasonable rental value of the structure from the date of its construction or conversion. (1966 Code, § 19-3) (Ord. 567, § 1(part); Ord. 625, § 1; Ord. 882, § 1; Ord. 1073, § 3 (part), 2024)

Pursuant to Cal. Gov’t Code § 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated as a public nuisance, except for conditions abated pursuant to Cal. Health and Safety Code § 17980, the county may recover treble the costs of abatement. (1966 Code, § 19-4) (Ord. 567, § 1(part); Ord. 1073, § 3 (part), 2024)

(A) Notice to abate. Whenever the Enforcing Officer determines that any property within the county is being maintained contrary to the provisions of a county ordinance and constitutes a public nuisance, he or she may mail a written notice to the owner of the property and to any person known to the Enforcing Officer or the Board of Supervisors to be in possession of

the property. The notice shall state the conditions which constitute the public nuisance and shall direct that the person abate the conditions or appear before the Board of Supervisors at a stated time and place and show cause why the conditions should not be abated by the county at the person’s expense. (B) Manner of giving notice. Service of the notice to abate shall be made personally or by depositing a true copy thereof in the U.S. Mail, postage prepaid, addressed to the owner and/or occupier of the subject property at their last known address. Service is deemed complete at the time of such deposit. The failure of any owner or occupier to receive such notice shall not affect in any manner the validity of the proceedings hereunder. (C) Hearing. At the time fixed in the notice, the Board of Supervisors shall hear and consider all relevant evidence from the owner and/or occupier of the subject property, county personnel, and other interested persons relative to the alleged public nuisance and to the abatement thereof. If the Board of Supervisors finds that such public nuisance does exist and that there is sufficient cause to abate the same, it may, by resolution, direct that the nuisance be abated by the county at the expense of the owner and/or occupier, the expense to be specially assessed against the parcel, and a lien imposed, in the event of nonpayment by the owner or occupier. (D) Abatement by county. In all cases where the Enforcing Officer or Board of Supervisors has determined to proceed with abatement, then on the day following the date fixed for the hearing, the county shall acquire jurisdiction to abate such conditions at the expense of the owner and/or occupier. (E) Costs of abatement. The Enforcing Officer shall keep an itemized account of all expenses incurred by the county in abating the nuisance. The Enforcing Officer shall mail a statement of the expenses to the owner and/or occupier of the property with a demand for payment within five days. If payment is not received by the conclusion of the fifth day, the county shall conspicuously post on the affected property and shall also mail to the owner and/or occupier of the property a statement showing the expenses of abatement, together with a notice of the time and place when the statement will be submitted to the Board of Supervisors for approval and confirmation and at which time the Board of Supervisors shall consider objections or protestations to the costs of abatement. (F) Hearing on statement of expenses. At the time fixed for the hearing on the statement of expenses, the Board of Supervisors shall consider the statement and protests or objections raised by the owner or occupier. The Board of Supervisors may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution. (G) Special assessment. In the event the owner or occupier of the subject property does not pay the expenses of abatement within ten days after the Board of Supervisors confirms the costs of abatement, the costs shall become a special assessment against the property. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to the special assessment. (H) Notice of abatement lien. At the time the expenses of abatement become a special assessment against the property, the county shall record a notice of abatement lien with the County Recorder as is authorized by the Government Code and this section. A notice of abatement lien shall be filed which states the identity of the record owner or possessor of the property, the date upon which the abatement of the nuisance was ordered, a description of the real property subject to the lien, the amount of the abatement costs incurred to date and, if applicable, the date upon which the abatement was complete. If the abatement has not yet been completed, the notice shall so state and shall also indicate that the lien is a partial lien and that additional abatement costs will be incurred in the future. It is the intent of the Board of Supervisors that abatement costs incurred after the filing of the notice of abatement lien relate back to the date upon which the lien was recorded for purposes of priority; provided that, after all abatement costs have been incurred and the abatement is complete, the Enforcing Officer, or his or her designee, shall cause a final notice of abatement lien to be recorded. The supplemental notice shall contain all the information required for the original notice and shall also refer to the recordation date and recorder’s document number of the original notice. (I) Summary abatement of immediate dangers. Whenever any condition on or use of property constitutes an immediate threat to public health or safety, the County Administrative Officer or the Board of Supervisors shall have the authority to summarily abate the nuisance, without notice to the owner or persons known to be in possession of the parcel. The expenses of such abatement shall be assessed against the property as provided herein. (1966 Code, § 19-5) (Ord. 567, § 1(part); Ord. 882, §§ 2-5; Ord. 1073, § 3 (part), 2024)

(A) Notice of intention to record notice of violation. Except as otherwise provided by law, an enforcing officer who has knowledge that a violation of a county ordinance exists with respect to any real property may cause to be mailed to the then current owner of record, a notice of intention to record a notice of violation. The notice shall identify the property owner and shall contain a description of the property and of the violation. The notice shall describe the action necessary to abate the violation and the time limit within which such abatement shall be completed. The notice shall also specify a time, date, and place for an administrative hearing with a hearing officer. Hearing officer means the person with experience in considering written and oral evidence, making findings, and issuing determinations who is appointed by San Benito County to conduct hearings under this section. Additional procedural rules for the conduct of the administrative hearing and the appointment of hearing officers may be adopted by resolution of the Board of Supervisors. If for any reason a hearing officer is unavailable to conduct hearings, the Board of Supervisors shall conduct the hearings. Should the Board of Supervisors conduct

hearings, the decision of the Board of Supervisors shall be final and there shall be no appeal under the procedures set forth in § 1.03.008 below. (B) Notice of violation; clearance letter. If the owner fails to inform the hearing officer of his or her objection to recording the notice of violation and the violation has not been abated within the time limit set for compliance, the Enforcing Officer shall record the notice of violation with the County Recorder. If the owner abates the violation within the time limit set for compliance or if, after the owner has presented evidence, it is determined that there has been no violation, the Enforcing Officer shall mail a clearance letter to the then current owner of record. If, however, after the owner has presented evidence, it is determined that a violation does exist, the Enforcing Officer shall record the notice of violation with the County Recorder. (C) Appeal. Any owner of real property aggrieved by a decision of the hearing officer under this section may appeal the decision to the Board of Supervisors in accordance with the procedures set forth in § 1.03.008 below. The filing of an appeal shall not stay the recording of the notice of violation. (D) Notice of removal of notice of violation. If it is determined, upon appeal, that there has been no violation or if all work necessary to abate the violation has been completed to the satisfaction of the Enforcing Officer, the Enforcing Officer shall record a notice of removal of notice of violation with the County Recorder. (1966 Code, § 19-6) (Ord. 567, § 1(part); Ord. 816, §§ 1, 2, 3; Ord. 1073, § 3 (part), 2024)

(A) Denial of permits, licenses or other entitlements; written notice. Except as otherwise provided by law, no board, commission, officer or employee of the county shall issue or grant approval of any permits, licenses or other entitlements regarding any real property with respect to which there exists a violation of a county ordinance. The authority to deny the permit, license or other entitlement shall apply whether the applicant therefor was the owner of record at the time of violation or whether the applicant therefor is either the current owner of record or a vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in the real property. Written notice of the refusal to issue or grant approval of any permit, license or other entitlement shall be mailed to the applicant and shall describe the violation and the action necessary to abate the violation. (B) Appeal. Any applicant aggrieved by a decision of a county board, commission, officer or employee to refuse to issue or grant approval of any permits, licenses or other entitlements pursuant to this section may appeal the decision to the Board of Supervisors in accordance with the procedures set forth in § 1.03.008 below. (1966 Code, § 19-7) (Ord. 567, § 1(part); Ord. 1073, § 3 (part), 2024)

(A) Any person aggrieved by a decision made under the provisions of §§ 1.03.006 and 1.03.007 above, may, within ten days of the date of the decision, file an appeal in writing with the Clerk of the Board, accompanied by an appeal application fee which shall be set from time to time by the Board. The appeal shall be on a form provided by the Clerk of the Board and shall set forth with particularity the specific grounds upon which the appeal is made. Any grounds not set forth in the written appeal shall be deemed waived and the appellant shall thereafter be precluded from raising them. (B) The Clerk of the Board shall set the appeal for hearing before the Board of Supervisors within 30 days after the date of filing of the appeal. Upon hearing the appeal, the Board of Supervisors shall consider the record and may sustain, modify, reject or overrule, in whole or in part, the decision appealed from. The decision of the Board of Supervisors shall be expressed in the form of a written resolution concurred in by a majority of all of the members of the Board. (1966 Code, § 19-8) (Ord. 567, § 1(part); Ord. 1073, § 3 (part), 2024)

Except as otherwise provided by law, whenever any work or use for which a permit is required by a county ordinance has been commenced without first obtaining the permit, a special investigation shall be made before the permit may be issued. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee. (1966 Code, § 19-9) (Ord. 567, § 1(part); Ord. 1073, § 3 (part), 2024)

(A) Purpose of fee. The purpose of this section is to implement a comprehensive and uniform cost recovery program by establishing guidelines for the administration and collection of the building inspection reinspection fees when the Code Enforcement Officer is required to reinspect property numerous times. The building inspection reinspection fee will be charged when violators fail to correct violations after the initial and compliance inspections. This fee is designed to recover some of the costs involved in the code enforcement program. In many investigations, the violator does not make the required corrections by a specified date and county staff must return numerous times before the violation is abated. This is especially true in cases involving multiple violations when the Code Enforcement Officer often returns seven or eight times

before complete compliance is achieved. (B) Notification process. (1) The formal resolution process is started by an inspection along with a formal letter of violation specifying the violation and mandatory abatement as well as scheduling a date when the abatement should be completed. The property owner is advised that all corrections must be made within the time specified in the written letter of violation. If inspections are needed beyond the initial formal process, including the first compliance inspection, a reinspection fee of $250 shall be charged for each reinspection that does not verify compliance. (2) The initial formal written letter of violation shall contain the following notation: “All corrections or repairs must be completed prior to the first scheduled compliance inspection after service of this written letter of violation. If corrections or repairs are not completed and if additional reinspections are required to verify compliance, a $250 reinspection fee will be charged for each subsequent reinspection that does not verify compliance with county ordinances.” (3) Code enforcement staff will reinspect the location for compliance when requested by the property owner or his, her or its agent. The reinspection fee shall not be charged for inspections conducted more frequently than every two weeks unless the property owner requests more frequent inspection. Fees will not be charged for court ordered inspections. (C) Legal surcharge. A legal surcharge fee of $125, in addition to other fees, is applicable and shall be paid for each violation. (D) Billing procedures. (1) Upon completion of any reinspection for which fees are to be assessed, the Code Enforcement Officer shall document in the approved data management software the completion of the inspection, the outcome, and the hours spent. (2) The charges will be reviewed for accuracy and completeness by the Planning Director or his or her designee. (3) Upon approval by the Planning Director, or his or her designee, an invoice will be sent to the violator. (1966 Code, § 19-10) (Ord. 625, § 2; Ord. 1073, § 3 (part), 2024)

(A) Limitation of duty; liability. Nothing in this chapter or in any other county ordinance is intended, or shall be deemed or construed, to impose liability upon the county, or any of its officers, agents or employees, for any injury to persons or damage to property alleged to result from any act or omission by the county or any of its officers, agents or employees, beyond the liability imposed by the laws of the state and of the United States. Nothing in this chapter or in any county ordinance is intended, or shall be deemed or construed, to impose a mandatory duty upon the county, or any of its officers, agents or employees, for the purpose of determining entitlement to equitable relief or liability for any injury to persons or damage to property alleged to result from the failure of the county or any of its officers, agents or employees to discharge a mandatory duty imposed by any county ordinance. (B) Right of entry. Whenever necessary to make any inspection to enforce any county ordinance, or whenever an Enforcing Officer has reasonable cause to believe that there exists a violation of a county ordinance with respect to any structure or premises, the Enforcing Officer may enter the structure or premises, at all reasonable times, to conduct the inspection or to perform any other duty imposed by county ordinance. If the structure or premises is occupied, the Enforcing Officer shall first request entry. If the structure or premises is unoccupied, the Enforcing Officer shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Enforcing Officer shall have recourse to every remedy provided by law to secure entry including, but not limited to, inspection warrants. (1966 Code, § 19-11) (Ord. 567, § 1(part); Ord. 625, § 3; Ord. 1073, § 3 (part), 2024)

Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. (1966 Code, § 19-12) (Ord. 567, § 1(part); Ord. 625, § 4; Ord. 1073, § 3 (part), 2024)

The Board of Supervisors from time to time may, by resolution, promulgate administrative policies and procedures consistent with this chapter. (1966 Code, § 19-13) (Ord. 567, § 1(part); Ord. 625, § 5; Ord. 1073, § 3 (part), 2024)

(A) Stop activities order. Whenever the Planning Director determines by a preponderance of the evidence that a person is violating a code governed by this chapter and that the code violation creates a substantial and imminent risk of serious harm to persons or property, the Planning Director may order the immediate cessation of any activities constituting the code violation. (B) Consent to stop activities order. All permits, discretionary or ministerial, issued under the authority of any chapter of the San Benito County Code adopting this chapter are conditioned that the permittee consent to the stop activities order specified in this section. The acceptance of any such permit and commencement of activities thereunder shall indicate a permittee’s consent to the issuance of a stop activities order upon a determination by the Planning Director as specified in division (A). The consent to the issuance of a stop activities order shall include, without limitation, consent to cease activities from the time of issuance of a stop activities order until the expedited administrative review, not later than 48 hours after the issuance of the stop activities order and consent to cease activities following the expedited administrative review until any appeal may be heard by the Planning Commission or the Board of Supervisors, as the case may be. (C) Procedure. (1) Voluntary cessation of activities. Before issuing a stop activities order, the Planning Director shall inform the person conducting the activities in question that the activities constitute a violation of a San Benito County ordinance and request the person voluntarily stop. If the person does stop voluntarily, the Planning Director shall set a date and time for an expedited administrative review to occur no later than 40 hours after the request to cease activities. At the expedited administrative review, the person may dispute the Planning Director’s determination of a code violation. Notice of the cessation of the activities and of the expedited administrative review shall be sent in accordance with division (D) herein. The notice shall refer to the voluntary cessation of activities. (2) Issuance of a stop activities order. If the person does not voluntarily stop activities constituting a violation of a San Benito County ordinance, the Planning Director shall give a stop activities order to the person conducting the activities. The person shall comply with the order to cease activities. Additionally, the Planning Director shall post the order at a conspicuous place on the premises and mail a copy of the order to a permittee, if any exists, and to an owner of the subject property, if different than the actor or permittee. The order shall be given as specified in division (D) herein. (D) Notice of stop activities order. The stop activities order shall specify the ordinance violated, the activities which constitute the violation, the date and time of an expedited administrative review to occur within 48 hours after the issuance of the order and the person issuing the order. The notice shall be delivered personally to any person conducting the activities, if the person is available, and mailed to any permittee, if any exists, or any owner of the subject property if the owner is different than the actor or permittee. The stop work order shall also specify the penalties for violating the stop activities order. (E) Expedited administrative review. (1) No later than 48 hours after the Planning Director issues a stop activities order, the Planning Director shall conduct an expedited administrative review of the stop activities order. If the actor, permittee or the owner of the subject property objects to the issuance of the stop activities order, the actor, permittee and/or owner shall appear at the expedited administrative review and may present any relevant evidence in opposition to the issuance of the order. The persons contesting the issuance of the order shall have the burden of proof to demonstrate that the stop activities order should be rescinded. (2) The contesting parties shall present evidence first. Following the presentation of evidence by the contesting parties, the Planning Department shall present its evidence in support of the stop activities order. The contesting parties shall be allowed a brief rebuttal to present evidence in response to the Planning Department’s evidence. (3) The formal rules of evidence do not apply to the expedited administrative review. Any relevant evidence upon which a reasonable person may rely in the conduct of serious affairs shall be admissible. Any party shall have the right to question a witness called by any other party. (4) Following the conclusion of the expedited administrative review, the Planning Director shall consider the evidence presented and shall render a decision within 48 hours after the close of the review. The Planning Director may uphold the stop activities order, vacate the order, issue a new order or condition the activities of the permittee in order to ensure compliance with the ordinances of San Benito County so as to eliminate the substantial and eminent risk of harm to persons or properties resulting from the activities of the permittee, actor or property owner. (5) If any person to whom notice of the order was given fails to appear at the hearing, it shall be conclusively presumed that the absent party waives that party’s right to object to and contest the stop activities order. (F) Appeal. (1) The decision of the Planning Director following the expedited administrative review may be appealed by the permittee or by any interested party. The appeal shall be made to the Planning Commission and the application for the appeal shall be filed no later than ten days after the Planning Director’s decision following the expedited administrative review. The appeal shall be heard at the first regula

he decision of the Planning Director following the expedited administrative review may be appealed by the permittee or by any interested party. The appeal shall be made to the Planning Commission and the application for the appeal shall be filed no later than ten days after the Planning Director’s decision following the expedited administrative review. The appeal shall be heard at the first regular meeting of the Planning Commission in which the appeal may be scheduled following the filing of the appeal. Any decision of the Planning Commission may be appealed to the Board of Supervisors within ten days of the Planning Commission decision by filing an appeal with the Clerk of the Board. (2) Appeals to the Planning Commission and Board shall be de novo hearings. The appellant shall have the burden of presenting evidence justifying the relief sought by appellant. The body hearing the appeal may affirm, reverse or modify the

decision made previously in the matter. Any decision by Board of Supervisors shall be the final decision. Pending a decision on appeal, the appealed decision shall remain in effect. (G) Violation of order. Conducting, engaging in or allowing any activities in violation of any stop activities order shall be a violation of this chapter. Any person who conducts, engages in or allows any activities in violation of a stop activities order shall be liable for a civil penalty not to exceed $2,500 for each day or portion thereof that activities occur. The civil penalty specified in this division shall be a separate remedy from the underlying code violation. (1966 Code, § 19-14) (Ord. 625, § 6; Ord. 1073, § 3 (part), 2024)

In addition to other provisions of this Code, in any action to abate a nuisance, whether by administrative proceedings, judicial proceedings, or summary abatement, the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement of the nuisance. Recovery of costs as allowed by Cal. Govt. Code § 25845 shall be in addition to and shall not limit any prevailing party’s right to recover costs pursuant to §§ 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law. (Ord. 882, § 6; Ord. 1073, § 3 (part), 2024)

In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover its attorneys’ fees. Recovery of attorneys’ fees to the prevailing party shall be limited to those individual actions or proceedings in which the county elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. 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. (Ord. 882, § 7; Ord. 1073, § 3 (part), 2024)