Chapter 4 — ADMINISTRATIVE ABATEMENT PROCEDURES

1-2043 - PURPOSE AND AUTHORITY.

The purpose and authority for this Chapter is as follows:

(a)

Pursuant to the authority granted to the Board by the State, including but not limited to Sections 25845 and 53069.4 of the Government Code, the Board does enact this chapter.

(b)

It is the intent of the Board in adopting this chapter to set forth procedures for administrative abatement of violations of this code and that govern imposition, enforcement, collection, and administrative review of administrative fines/penalties for violations of this code and State laws within authority of the County.

(c)

It is the intent of the County to utilize administrative abatement procedures to seek voluntary compliance with these provisions, and to provide an effective means of enforcement if compliance is not obtained voluntarily.

(Ord. No. 4513, 8-7-2018)

1-2044 - NOTICE OF VIOLATION AND ORDER TO ABATE.

When the Enforcement Official determines that a condition constituting a violation of this code has occurred or exists they may provide a written notice of violation and order to abate to the responsible party. If the violation relates to real property then notice shall also be given to the owner(s) and possessors of the property involved. Notice shall be given as follows:

(a)

In writing and delivered either personally or by deposit in the United States certified and by first class mail in a sealed envelope, postage prepaid, addressed to the person to be notified at their last known business or

residence address appearing in the public records or in other records of the matter for which notice is given. Notice by mail shall be deemed served at the time of deposit in the United States mail.

(b)

If delivery of the notice cannot be accomplished pursuant to subsection (a) despite diligent effort then notice may be given by posting copies of the notice/order to abate at the premises involved and recording the notice/order to abate in the official records of the County.

(c)

The failure of an addressee to receive the notice provided to them in compliance with this section shall not affect in any manner a determination that notice was provided or the validity of any proceedings taken under this code.

(Ord. No. 4513, 8-7-2018)

1-2045 - NOTICE OF VIOLATION AND ORDER TO ABATE—DATE OF NOTIFICATION.

The date of notification of a notice/order to abate is presumed to have occurred as follows:

(a)

On the date the notice/order to abate was personally served; or

(b)

On the date the County deposited the Notice in the United States Mail; or

(c)

On the date the notice/order to abate was posted at the premises involved.

(Ord. No. 4513, 8-7-2018)

1-2046 - NOTICE OF VIOLATION AND ORDER TO ABATE—CONTENTS.

The notice/order to abate shall include at least the following information, as applicable, unless otherwise determined by the Enforcement Official, or otherwise specified in this code:

(a)

Determination that a violation of this code and/or any other ordinance, code, statute, act, regulation, or law occurred or currently exists.

(b)

Description of (1) the action(s) or condition(s) that did or currently are constituting a violation of this code, and (2) the section(s) of this code and/or any other ordinance, code, statute, act, regulation, or law that the action or condition(s) were or are in violation of.

(c)

Statement of any fines/penalties ordered to be paid by the responsible party(s) for the violation(s) described in the notice/order to abate.

(d)

State that the violation(s) must be addressed, corrected, or abated within ten (10) days or as otherwise specified in the notice/order to abate from the date of the notice/order to abate.

(e)

State that the County may take legal action to address, correct, or abate the violation(s) up to and including criminal action pursuant to this code.

(f)

State that the addressee(s) of the notice/order to abate has a right to appeal the determination of a violation of this chapter and/or imposition of administrative fines/penalties by filing a written notice of appeal to the Enforcement Official within than ten (10) days or as otherwise stated in the notice/order to abate of the date of receipt of the notice/order to abate. Imposition of administrative fines/penalties will be stayed as of the date of appeal through the resolution of the appeal.

(g)

State that unless the resident and/or owner of the premises involved voluntarily abates a continuing violation of this chapter or timely appeals the notice/order to abate, then the Enforcement Official may take action to abate a continuing violation of this chapter.

(h)

State that the resident and/or owner of the premises involved may be responsible for the cost of abatement in addition to any fines/penalties. These costs will be calculated and provided to the owner in a statement of expenses.

(i)

State that the resident and/or owner of the real property involved has a right to appeal the accounting of costs for abatement in writing within thirty (30) days of receiving the statement of expense. Collection pursuant to the statement of expense will be stayed pending resolution of the appeal.

(j)

State that if the owner of the real property involved fails to pay the cost of abatement then a special tax may be assessed on the property tax of the real property involved which shall have the same priority as other taxes and be collected at the same time and manner as other County taxes.

(k)

State that in the event that the violation of this chapter poses an imminent health, safety, or fire hazard the Enforcement Official may reduce the noticed time and take action to abate.

(Ord. No. 4513, 8-7-2018)

1-2047 - RECORDATION.

Following issuance of a notice/order to abate pursuant to this chapter, the Enforcement Official may record with the County Recorder:

(a)

A notice of violation. The notice will describe (1) the action(s) or condition(s) that constitute(d) a violation of this chapter, and (2) the section(s) of this chapter and/or any other ordinance, code, statute, act, regulation, or law that the action or condition(s) were or are in continuing violation.

(1)

If the Enforcement Official records a notice of violation, then the Enforcement Official shall serve and record a release of lien or release of notice of violation when the violation has been abated, including any hearings or appeals and the completion of any work necessary to abate the nuisance, and all costs, fines/penalties have been paid or a lien for those costs and penalties has been recorded.

(b)

A notice of lien - nuisance abatement. The notice will describe (1) the action(s) or condition(s) that constitute(d) a violation of this chapter, (2) the section(s) of this chapter and/or any other ordinance, code, statute, act, regulation, or law that the action or condition(s) were or are in continuing violation, (3) the actions taken by the County to abate the violations, (4) the cost of abating the violations, and (5) the date the costs were incurred.

(1)

If the Enforcement Official records a notice of lien - nuisance abatement, then the Enforcement Official shall serve and record a release of lien - nuisance abatement when the costs of abatement and fines/penalties have been paid.

(Ord. No. 4513, 8-7-2018)

1-2048 - APPEAL OF DETERMINATION OF VIOLATION.

A responsible party may appeal a determination of violation as follows:

(a)

If a responsible party found to be in violation of this code objects to the Enforcement Official's findings and conclusions in the notice/order to abate, then they may within no less than ten (10) days of the date of receipt of the notice/order to abate file a written appeal with the Enforcement Official that issued the notice/order to abate or if it subjects the person to administrative fines/penalties then to the Superior Court in accordance with Section 53069.4 of the Government Code.

(b)

If the appeal is to the Enforcement Official, then the appellant shall then select a Hearing Officer appointed pursuant to Title 2, Division 3, Chapter 5 of this code to conduct a hearing.

(1)

The Enforcement Official's findings and orders in the notice/order to abate shall remain in full force and effect until modified or rescinded by the Enforcement Official or the Hearing Officer's decision affirms, reverses, or modifies them.

(2)

Within five (5) days of the completion of the appeal proceeding, the Hearing Officer shall provide the final written decision on the appeal to the parties by personal service or by certified mail and the Clerk of the Board.

(3)

The Hearing Officer's written decision shall be final and shall be enforceable five (5) days after the appellant receives the decision by personal service or receipt of certified mailing. If neither personal service nor receipt of certified mail is successful, then the Hearing Officer shall mail the final written decision to appellant and receipt will be presumed to have occurred five (5) days after the Hearing Officer mailed the decision to the appellant.

(4)

If the Hearing Official's written decision is in favor of the Enforcement Official and against the appellant, the costs incurred by the County in holding the hearing with the Hearing Officer shall be added to the other costs of abatement and included in the statement of expense which may be billed to the appellant and/or responsible party and/or owner of the premises involved.

(5)

The Board may, by resolution, establish a fee for filing an appeal pursuant to this section.

(Ord. No. 4513, 8-7-2018)

1-2049 - DISPOSITION OF ADMINISTRATIVE FINES/PENALTIES.

All fines/penalties collected pursuant to the provisions of this chapter, not including the reimbursement for costs of abatement pursuant to the statement of expense, shall be paid into the County treasury, to the credit of the general fund, unless otherwise specified in this code.

(Ord. No. 4513, 8-7-2018)

1-2050 - ABATEMENT—VOLUNTARILY.

The responsible party and/or premises owner and/or person in possession or control of the premises involved may voluntarily abate the violation(s) of this code at any time. If a party claims such voluntary abatement has occurred, they shall notify the Enforcement Official who shall then inspect the premises involved to confirm the voluntary abatement. Voluntary abatement does not preclude the Enforcement

Official, or any other party allowed by law, from pursuing legal or equitable action against the resident and/or property owner for the violation(s) of this chapter or from pursuing actual cost of all time, services, and materials associated with enforcement and/or abatement of violation(s) of this code.

(Ord. No. 4513, 8-7-2018)

1-2051 - SUMMARY ABATEMENT.

The County may summarily abate a violation as follows:

(a)

If a responsible party has failed to voluntarily abate any ongoing violation(s) of this code as required in the notice/order to abate, no appeal has been filed, or the final decision on appeal upholds the Enforcement Official's findings in the notice/order to abate, then the Enforcement Official may commence involuntary abatement.

(b)

Involuntary abatement includes but is not limited to one (1) or more of the following actions:

(1)

Entry onto the premises pursuant to consent or other legal authorization to for the County or an agent of the County to perform work to abate the violation(s) of this code;

(2)

Office of the County Counsel or District Attorney commencing action to abate the violation of this chapter pursuant to this code and/or Section 731 of the Code of Civil Procedure; and

(3)

Office of the County Counsel or District Attorney commencing a civil action for injunctive relief for which the relief may take the form of a court order to allowing abatement or other relief, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this code, and requiring compliance with other terms.

(c)

Following abatement the Enforcement Official shall add the costs of abatement to the statement of expense prepared pursuant to Section 1-2057 - Recovery of Enforcement if they are not otherwise recovered.

(Ord. No. 4513, 8-7-2018)

1-2052 - SUMMARY ABATEMENT—EMERGENCIES.

Notwithstanding any other provision of this code, if the Enforcement Official determines that a violation of this code poses an immediate threat of life, limb, health, property, safety, or welfare of anyone, the Enforcement Official may act to immediately notify the responsible party and/or the owner of premises involved orally or in writing that the violation must be abated immediately.

(a)

If, despite diligent effort, the Enforcement Official is unable to notify the responsible party and/or the owner of the premises within a reasonable period of time considering the immediate threat, or after notification that the responsible party and/or owner has failed to abate the violation, the Enforcement Official may cause the abatement of the condition, which poses an immediate threat.

(b)

Immediately following abatement, the Enforcement Official shall notify the responsible party and/or owner of the premises of the abatement.

(c)

The post-abatement notice to the responsible party and/or owner of the premises involved shall include a statement of expense pursuant to Section 1-2057 - Recovery of Enforcement.

(Ord. No. 4513, 8-7-2018)

1-2053 - ACCOUNTING.

The Enforcement Official shall keep an account of the investigation, abatement, and administrative costs for each enforcement action.

(Ord. No. 4513, 8-7-2018)

1-2054 - CIVIL LIABILITY.

There shall be no civil liability on the part of, and no cause of action shall arise against, the Enforcement Official or any County official or personnel acting pursuant to this code and within the scope of their authority.

(Ord. No. 4513, 8-7-2018)

1-2055 - SETTLEMENT AGREEMENT.

No provision in this code precludes a responsible party from entering into a settlement agreement with the County at any time.

(Ord. No. 4513, 8-7-2018)

1-2056 - ATTORNEY'S FEES AND COSTS.

The prevailing party in any civil action to abate a violation of this code may recover reasonable attorney's fees and costs. No party's fees shall be awarded at an hourly rate greater than the hourly rate charged by Deputy County Counsel IV attorneys in the Office of the County Counsel.

(Ord. No. 4513, 8-7-2018)

1-2057 - RECOVERY OF ENFORCEMENT COSTS.

Recovery and enforcement costs shall be recovered by the County as follows:

(a)

In any enforcement action brought by the County pursuant to this chapter, whether by administrative proceeding, judicial proceeding, or summary abatement, the responsible party found to have caused, permitted, created, or maintained a nuisance shall be personally liable for the following:

(1)

All actual costs incurred by the County including but not limited to all time, services, and materials associated with or incurred to undertake, or to cause or compel any responsible party to undertake, any voluntary and involuntary abatement.

(2)

Reasonable attorney's fees in the event the County is the prevailing party and elected, at the initiation of the action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of an attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the County in the action or proceeding.

(3)

Reimbursement of these costs shall be in addition to and shall not limit the prevailing party's right to recover costs pursuant to Code of Civil Procedure Sections 1032 and 1033.5 or any other provision of law.

(4)

Any administrative penalty imposed pursuant to this chapter.

(b)

Interest shall accrue on all amounts due under this chapter from the effective date of final decision on the amount owed to the date paid pursuant to the laws applicable to civil money judgments. Interest rates shall be the same as those established by the Board for the County's Revenue and Recovery Division.

(c)

Late charges may be charged for fines/penalties and/or on the amount owed on a statement of expense not paid by the required date, excluding any time the proceeding is stayed pending appeal. Late charges if any, shall be the same as those established by the Board for the County's Revenue and Recovery Division.

(d)

If the Enforcement Official seeks to recover amounts owed under this chapter, then they shall compile them into a statement of expense, which shall be an itemized statement of all amounts owed under this chapter explaining all abatement costs and/or administrative fines/penalties incurred by the County in abating any violation of this code that the Enforcement Official seeks to recover.

(e)

Any time spent on enforcement that the Enforcement Official seeks to recover shall be charged by County personnel at an hourly rate determined by the Enforcement Official or otherwise set by the Board.

(f)

Any costs of time, services, and/or materials spent on enforcement that the Enforcement Official seeks to recover may be calculated from the time a violation is reported or discovered through and including successful abatement of the violation.

(g)

The statement of expense shall be mailed to the property owner with a demand for payment within thirty (30) days of the date the statement was mailed unless otherwise specified by this code.

(h)

The statement of expense shall advise the property owner that they may appeal the statement of expense in writing within thirty (30) days of the date the statement was mailed unless otherwise specified by this code.

(i)

In the event that two (2) or more persons are found to be responsible for the violation and the costs of abatement, they shall be jointly and severally liable for the full amount owed.

(j)

If the responsible party does not pay the amount due under the statement of expense within the time specified by the statement or by a Hearing Officer after a hearing on any appeal, then the County shall request placement on the consent calendar of the Board for a resolution approving the amount due under the statement of expense or under the written decision of the Hearing Officer. The resolution shall direct the Auditor to cause a special tax lien to be assessed on the property tax of the subject property. Said assessment shall have the same priority as other taxes. A notice of release may not be recorded with the office of the County Recorder until all assessments for the cost of abatement are paid. When the assessment in question is collected, it shall be credited to the County's General Fund or as directed by the Board in the resolution directing the special tax lien to be assessed.

(1)

If the tax lien has not been recorded prior to the transfer to any real property involved before the date on which the first installment of County taxes becomes delinquent, then the cost of abatement shall not be a lien on the property but shall be transferred to the unsecured roll for collection. For the purposes of this section, a transfer must be to a bona fide purchaser for value.

(Ord. No. 4513, 8-7-2018)

1-2058 - APPEAL OF STATEMENT OF EXPENSE.

An appeal of a statement of expense shall be done as follows:

(a)

If the responsible party objects to the statement of expense, the responsible party may, within thirty (30) days of notification of the statement of expense, file a written appeal with the County department that issued the statement of expense. The appellant shall then select a Hearing Officer. The Hearing Officer shall conduct a hearing on the appeal pursuant to Title 2, Division 3, Chapter 5 of this code.

(b)

The statement of expense will be final and owing unless a timely appeal is filed.

(c)

If a timely appeal is filed then the requirement to pay the statement of expense shall be stayed pending such appeal.

(d)

At the conclusion of the appeal hearing, the Hearing Officer shall prepare a recommended decision and resolution for the Board pursuant to Sections 25845, subdivision (i), and 27721, subdivision (b), upholding, modifying, or reversing the statement of expense.

(e)

The Board may, by resolution, establish a fee for filing an appeal pursuant to this section.

(f)

Within ten (10) days of the completion of the appeal proceeding, the Hearing Officer shall mail the final written decision on the appeal to the parties by certified mail and the Clerk of the Board. The written decision shall be final and shall be enforceable thirty-one (31) days after the Clerk of the Board receives the written decision. Receipt will be presumed to have occurred five (5) days after the Hearing Officer mailed the decision.

(g)

Attorney's fees for the appeal hearing may be recovered by the prevailing party to the appeal if at the beginning of the hearing on the appeal the County elects to seek recovery of attorney's fees. No award of attorney's fees under this section shall exceed the amount of reasonable attorney's fees incurred by the County in holding the hearing on the appeal. If the County is the prevailing party then the attorney's fees shall be added to the statement of expense.

(h)

The Hearing Officer's decision on the appeal is final.

(Ord. No. 4513, 8-7-2018)

1-2059 - LIEN HEARING AND TAX ASSESSMENT.

At such time as the amount owed in the statement of expense has not been timely paid:

(a)

The Enforcement Official shall prepare a report on the statement of expense including the total amount owed, or compile more than one (1) statement of expense itemized by parcel, to a Hearing Officer appointed pursuant to Title 2, Division 3, Chapter 5 of this code.

(b)

The Enforcement Official or Hearing Officer shall serve a written notice of hearing on the statement(s) of expense including a copy of the statement of expense to the responsible party(ies).

(c)

At the time and date set for the hearing, the Hearing Officer shall review and consider the statement(s) of expense and any protests or objections to it.

(d)

At the conclusion of the hearing the Hearing Officer shall prepare a written recommended decision and resolution for the Board upholding, modifying, or reversing the amount owed in the statement(s) of expense pursuant to Sections 25845 (i) and 27721(b) of the Government Code.

(e)

The Hearing Officer shall submit the written recommendation to the Board through the Clerk of the Board. The Board may adopt the recommendation without a public hearing, or may set the matter for a de novo hearing before the Board.

(f)

The Clerk shall place the matters not set for public hearing on the consent calendar of the Board for a resolution approving the recommended amount due in the statement(s) of expense. The resolution shall direct the Auditor to cause a special tax lien to be assessed on the property tax of the subject property pursuant to Section 25845 of the Government Code. Said assessment shall have the same priority as other taxes.

(g)

After the adoption of the resolution or the conclusion of the de novo hearing, the Board shall cause the special tax lien to be recorded against the respective parcels of real property pursuant to Section 25845 of the Government Code. The special tax lien shall have no force and effect until recorded with the County Recorder. Upon recordation, the Clerk of the Board shall serve, in the manner set forth in Section 1.06.090, a copy of the recorded notice(s).

(h)

If the tax lien has not been recorded prior to the transfer to the real property involved before the date on which the first installment of County taxes becomes delinquent, then the cost of abatement shall not be a lien on the property but shall be transferred to the unsecured roll for collection. For the purposes of this section, a transfer must be to a bona fide purchaser for value.

(i)

Within thirty (30) days following the Boards' adoption of a resolution imposing the special tax lien, the Clerk of the Board shall file same as a judgment lien in the County Recorder's Office.

(j)

Once recorded, any costs or fines/penalties not specially assessed by the Board pursuant to this section shall have the same force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure, and may be extended as provided in Sections 683.110 to 683.220 of the Code of Civil Procedure, inclusive.

(k)

Interest shall accrue on the principal amount of any special tax lien remaining unsatisfied pursuant to the law applicable to civil money judgments.

(l)

Once the County receives full payment for outstanding principal, fines/penalties, and costs, the Clerk of the Board will record a Notice of Satisfaction. A fee shall be paid by the owner(s) and/or occupant(s) for processing the Notice of Satisfaction. This Notice of Satisfaction will cancel the County's lien under this section.

(m)

The special tax lien may be foreclosed and the real property sold by the County filing a complaint for foreclosure in a court of competent jurisdiction and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The County shall be entitled to its attorney's fees and costs.

(Ord. No. 4513, 8-7-2018)

1-2060 - LATE CHARGES AND INTEREST.

Late charges and interest may be charged for fines/penalties and/or the statement of expense not paid by the required date.

(Ord. No. 4513, 8-7-2018)

1-2061 - NO DUTY TO ENFORCE.

Nothing in this code shall be construed as imposing on the Enforcement Official or the County any duty to issue a notice of violation and order to abate any violation of this chapter, nor to take any other action with regard to any violation of this chapter. Neither the Enforcement Official nor the County shall be held liable for failure to issue a notice of violation and order to abate any violation of this chapter, nor for failure to take any other action with regard to any violation of this chapter.

(Ord. No. 4513, 8-7-2018)

1-2062 - ABATEMENT—TREBLE COSTS.

Pursuant to Section 25845.5 of the Government Code, on a second or subsequent determination within two (2) years from notice of a 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 Section 17980 of the Health and Safety Code, the County may recover treble the costs of abatement.

(Ord. No. 4513, 8-7-2018)

1-2063 - EXPEDITED ADMINISTRATIVE ABATEMENT OF CODE VIOLATIONS.

An expedited administrative abatement shall be done as follows:

(a)

When the Enforcement Official determines that a violation(s) of this code has occurred or exists and that the violation(s) creates a substantial and imminent risk of serious harm to persons or property or as otherwise allowed by this code, the Enforcement Official may order the immediate cessation of any activities constituting the violation, known as a Stop Activities Order.

(1)

The acceptance of a County permit, discretionary or ministerial, and commencement of activities thereunder shall indicate a permittee's consent to the issuance of a Stop Activities Order by an Enforcement Official under subsection (a).

(2)

The issuance of all permits, discretionary or ministerial, by the County under the authority of any chapter of this code is conditioned that the permittee consent to this section. The consent to the issuance of a stop activities order under subsection (a) shall include, without limitation, consent to cease activities from the time of issuance of a Stop Activities Order until the conclusion of the expedited administrative review, including any appeal.

(b)

Before issuing a Stop Activities Order, the Enforcement Official shall inform the person in writing that conducting the activities in question constitute a violation of this code and request the person voluntarily stop.

(1)

If the person stops voluntarily the Enforcement Official shall not issue an order as specified in subsection (c). Voluntary cessation does not preclude the Enforcement Official, or any other party allowed by law, from pursuing legal or equitable action against the person conducting the activities or from pursuing actual cost of all time, services, and materials associated with enforcement and/or abatement of violation(s) of this code.

(2)

If the person does not stop voluntarily the Enforcement Official shall issue an order as specified in subsection (c).

(c)

The Stop Activities Order shall specify the section(s) of this code that are being violated, the activities which constitute the violation(s), the penalties for violating the Stop Activities Order, the person issuing the order, and the date and time of an expedited administrative review to occur within forty-eight (48) hours after the issuance of the Stop Activities Order.

(1)

The Enforcement Official shall provide notice of the Stop Activities Order pursuant to Section 1-2010 of this code on any person conducting the activities and/or the permittee.

(2)

The date of notification of the Stop Activities Order shall be pursuant to Section 1-2010 of this code.

(d)

Expedited administrative review.

(1)

No later than forty-eight (48) hours after the Enforcement Official issues a Stop Activities Order, the Enforcement Official shall select a Hearing Officer appointed pursuant to Title 2, Division 3, Chapter 5 of this code to conduct an expedited administrative review hearing on the Stop Activities Order.

(2)

If the person conducting the activities, permittee, and/or the owner of the subject property objects to the issuance of the Stop Activities Order, that person(s) shall appear at the expedited administrative review and may present any relevant evidence in opposition to the issuance of the order.

(3)

The person(s) contesting the issuance of the order shall have the burden of proof to demonstrate that the Stop Activities Order should be rescinded.

(e)

The Stop Activities Order shall be in full force and effect unless vacated or modified by the issuing Enforcement Official or the Hearing Officer.

(f)

Following the conclusion of the expedited administrative review, the Hearing Officer shall consider the evidence presented at the expedited administrative review and shall render a decision within forty-eight (48) hours after the close of the review. The Hearing Officer may uphold the Stop Activities Order, vacate the order, issue a new order, or condition the activities of the permittee in order to insure compliance with this code so as to eliminate the substantial and eminent risk of harm to persons or properties resulting from the person's activities.

(g)

Within five (5) days of the completion of the appeal proceeding, the Hearing Officer shall mail the final written decision on the appeal to the parties and the Clerk of the Board.

(h)

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 their right to object to and appeal any decision upholding any portion of the Stop Activities Order.

(i)

The decision of the Hearing Officer may be appealed by any person to whom notice of the order was given and who did not waive their right to appeal to the Planning Commission.

(1)

The application for the appeal shall be filed no later than ten (10) days after the Hearing Officer'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. The decision of the Planning Commission is final.

(j)

Appeals to the Planning Commission shall be de novo hearings. The appellant shall have the burden of presenting evidence justifying the relief sought by appellant.

(1)

The Planning Commission may uphold, vacate, or modify the Hearing Officer's decision.

(k)

Pending a decision on appeal, the Hearing Officer's decision shall remain in full force and effect.

(l)

Conducting, engaging in or allowing any activities in violation of any Stop Activities Order shall be a violation of this code. 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 two thousand five hundred dollars ($2,500.00) for each day or portion thereof that activities occur. The civil penalty specified in this section shall be a separate remedy from the underlying code violation.

(Ord. No. 4513, 8-7-2018)

1-2064 - RESPONSIBILITY OF PROPERTY OWNER.

In addition to other provisions of this code, in any action to abate a violation, whether by administrative proceedings, judicial proceedings, or summary abatement, the owner of the parcel upon which the violation 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 Section 25845 of the Government Code shall be in addition to and shall not limit any prevailing party's right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law.

(Ord. No. 4513, 8-7-2018)

1-2065 - REMEDIES CUMULATIVE.

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 violations.

(Ord. No. 4513, 8-7-2018)

1-2066 - RECOVERY OF ATTORNEY'S FEES.

In any action, administrative proceeding, or special proceeding to abate a violation, the prevailing party may recover its attorney's fees. Recovery of attorney's 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 attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the County in the action or proceeding.

(Ord. No. 4513, 8-7-2018)

1-2067 - RIGHT TO JUDICIAL REVIEW.

Any person aggrieved by an administrative decision of the Hearing Officer may obtain review of the administrative decision by filing a petition for review with the Superior Court in the County in accordance with the provisions set forth in Section 53069.4 of the Government Code.

(Ord. No. 4513, 8-7-2018)