San Diego County Municipal Code Ch. 3 Recordation of Notices of Violation

This chapter provides a procedure by which County enforcement officials may record a Notice of Violation as an alternative enforcement method for any violation of this code, the San Diego County Zoning Ordinance and any other County ordinance or State law that County officials enforce. The remedies in this chapter are in addition to all other remedies the County may pursue and only govern enforcement actions brought pursuant to this chapter.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

The following definitions shall apply to this chapter:

(a) "Director" means the Director of any County department or a Director's designated representative, responsible to enforce County codes, County ordinances or State codes.

(b) "Hearing Officer" means a person who presides over an administrative hearing for the recordation of a Notice of Violation.

(c) "Responsible person" means a "person," as defined in Section 12.115 of this code, responsible for a violation prosecuted under this chapter.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

(a) Once a Director has issued a Notice of Violation to a responsible person and the property remains in violation after the deadline established in the Notice of Violation expires, the Director may record a Notice of Violation with the Recorder's Office of San Diego County.

(b) Before recordation, the Director shall provide to the responsible person and all owners of record a Notice of Intent to Record stating that:

(1) A notice of violation will be recorded against your property if the violation(s) existing on your property is(are) not corrected by the deadline established in the Notice of Intent to Record.

(2) You may file an appeal within 14 days of the date of the Notice of Intent to Record was issued.

(3) The County may hold you responsible for all administrative costs, including reasonable attorney's fees.

(4) The County may withhold permits for any alteration, repair, or construction pertaining to any existing or new structures on your property, or any permits pertaining to the use and development of the real property if 1) an appeal has not been timely filed; or 2) if a Hearing Officer affirms the Director's decision to record a Notice of Violation.

(c) After recordation of a Notice of Violation, the County may withhold permits until a Notice of Compliance has been issued by the Director. The County may not withhold permits which are necessary to obtain a Notice of Compliance or which are necessary to correct serious health and safety violations.

(d) The letter shall be served pursuant to any of the methods of service set forth in Section 11.112 of this code. If for any reason service cannot be completed as provided in Section 11.112, service may be accomplished by posting a copy of the notice in a conspicuous place on or near the property on which the violation is located. At the discretion of the Director, the notice may be posted in addition to personal or mail service.

(e) If the Director does not receive a written request to appeal pursuant to the procedures set forth in this Division and the violation still remains on the property, the Director may record the Notice of Violation.

(f) The recorded Notice of Violation shall include the name of the property owner(s), assessor's parcel number, the parcel's legal description, and a copy of the latest Notice of Violation.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

(a) Any person receiving a Notice of Intent to Record a Notice of Violation may only appeal the following issues:

(1) Whether the conditions listed in the Notice of Violation violate the County Code or applicable State codes.

(2) Whether the Director afforded the responsible person with due process by adhering to the notification procedures specified in this Division.

(b) Failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the appeal and shall not affect the validity of the recorded Notice of Violation.

(c) A person may request a Request for Hearing form to contest a Notice of Intent to Record a Notice of Violation within 14 days after the Notice was served, either at the office of the department that issued the Notice or by returning a Request for Hearing form by mail.

(d) If a person requests a Request for Hearing form by mail, the request must be postmarked within 14 days of the Notice of Intent to Record a Notice of Violation.

(e) A hearing before the Hearing Officer shall be set for the earliest practicable date after a request for hearing has been properly filed in accordance with the provisions of this Division.

(f) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

The Director shall appoint an independent Hearing Officer to preside over an Intent to Record a Notice of Violation hearing which has been properly requested under the provisions of this Chapter.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

The following procedures shall apply to hearings conducted under this chapter:

(a) Every witness shall take an oath or make an affirmation.

(b) The County bears the burden of proof at all Notice of Intent to Record Notice of Violation hearings. The standard of proof at a hearing is the preponderance of the evidence.

(c) The hearing officer may consolidate hearings involving the same responsible person and/or the same property.

(d) The Hearing Officer may continue a hearing for good cause.

(e) Each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach any witness regardless of which party first called the witness to testify and rebut the evidence against the party. The County may call and examine the appellant or any agent of the appellant as a witness during the department's case in chief or during the department's rebuttal case. The hearing officer may examine the appellant or any of the appellant's employees or agents as if under cross-examination.

(f) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines that it is relevant and the kind that reasonably prudent persons rely on in making decisions. All rules or privileges recognized by the Evidence Code, however, shall apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.

(g) The hearing shall be conducted in English. If the appellant or any of appellant's witnesses require an interpreter, the appellant is responsible to provide a State certified interpreter at appellant's expense.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

Any person against whom a Notice of Violation has been recorded may obtain review of the order by filing a petition for writ of mandate with the San Diego County Superior Court in accordance with the timelines and procedures set forth in California Code of Civil Procedure Section 1094.5.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

(a) When the violations listed on the Notice of Violation have been corrected, the responsible person may file with the Director a written request for a Notice of Compliance on a form provided by the County.

(b) Once the Director receives this request, the Director shall re-inspect the property within thirty (30) calendar days to determine whether the violations listed in the Notice of Violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.

(c) The Director shall serve a Notice of Compliance to the responsible person if the Director determines that:

(1) All violations listed in the recorded Notice of Violation have been corrected.

(2) All necessary permits have been issued and finalized.

(3) All fines and penalties assessed against the property have been paid.

(4) The party requesting the Notice of Compliance has paid any requisite administrative costs to the County.

(d) The Notice of Compliance shall be served in the manner provided in Section 11.112 of this code. If for any reason service cannot be completed as provided in Section 11.112, service may be accomplished by posting a copy of the notice in a conspicuous place on or near the property on which the violation is located. At the discretion of the Director, the notice may be posted in addition to personal or mail service.

(e) If the Director denies a request to issue a Notice of Compliance, the Director shall serve the responsible person with a written explanation setting forth the reasons for the denial. The written explanation shall be served in the manner provided in Section 11.112 of this code. If for any reason service cannot be completed as provided in section 11.112, service may be accomplished by posting a copy of the letter in a conspicuous place on or near the property on which the violation is located. At the discretion of the Director, the letter may be posted in addition to personal or mail service.

(f) The Director’s decision denying a request to issue a Notice of Compliance constitutes the final decision in the matter and is not appealable.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

The Notice of Compliance may be recorded with the County Recorder's Office. The recordation of the Notice of Compliance shall have the effect of canceling the recorded Notice of Violation.

(Added by Ord. No. 10211 (N.S.), effective 6-1-12)

The director of a County department may request that County Counsel initiate a receivership proceeding pursuant to State law. The costs associated with receivership, including but not limited to administrative costs and staff time including attorneys' fees and costs ("enforcement costs") shall be included within the costs recoverable by the County for such warning or notice, as permitted by law. County Counsel may seek enforcement costs of the County through any methods permitted by law, including but not limited to Health and Safety Code section 17980.7(c)(11). Enforcement costs may be invoiced to the property owner or other responsible party for payment and collection in accordance with the cost recovery procedures in the Code associated with the particular warning or notice.

(Added by Ord. No. 10825 (N.S.), effective 2-9-23)