§ 23.10

This chapter establishes procedures for enforcement of the provisions of this title and the provisions of Title 19 of this Code. The enforcement procedures of this chapter are intended to support timely correction of nuisances and violations of the provisions of this title while assuring due process of law in the abatement or correction of such nuisances and violations.

It shall be the duty of the San Luis Obispo County Sheriff, the Director of Planning and Building, the Chief Building Official and the employee(s) of the Department of Planning and Building designated by the director as code enforcement officer(s) to enforce the provisions of this title. A code enforcement officer has the following responsibilities and authorities in the enforcement and administration of the provisions of this title:

a.

To review with affected individuals the provisions of this title through initiation of administrative hearings and other methods to support voluntary compliance with its provisions.

b.

To issue citations for violations of this title, and for violations of Titles 6 and 19 of this Code and to issue stop work orders pursuant to Title 19 of this Code.

c.

To initiate all necessary proceedings to forfeit bond or cash deposits.

d.

To initiate proceedings to revoke land use permits and other entitlements granted under this title.

e.

To initiate and conduct nuisance abatement proceedings and to carry out additional abatement responsibilities regarding violations of this title.

f.

To work with the Building Official in administering substandard building abatement programs

g.

To administer abandoned vehicle abatement programs pursuant to Chapter 8.24 of the County Code.

h.

To carry out any other special enforcement programs initiated by order or resolution of the Board of Supervisors, and any other responsibilities and authorities specified by this chapter or this Code.

a.

Unless a different penalty is prescribed for violation of a specific provision of this title, any person violating any of the provisions or failing to comply with the requirements of this title is guilty of a misdemeanor, provided, however, that the offense shall be an infraction in the following events:

(1)

The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor, or;

(2)

The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

b.

Each separate day on which a violation of this title exists shall constitute a separate offense.

c.

Any person convicted of a misdemeanor under this title shall be punished by imprisonment in the County jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both.

d.

Any person convicted of an infraction under this title shall be punished by a fine not exceeding $100 for the first violation; by a fine not exceeding $200 for a second violation of the same ordinance within one year; and by a fine not exceeding $500 for each additional violation of the same ordinance committed by that person within one year.

e.

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this title.

[Amended 6/18/91, Ord. 2445]

No person shall obstruct, impede or interfere with the code enforcement officer or any other county employee, contractor or other authorized representative in the performance of code enforcement and nuisance abatement duties pursuant to this title or other titles of this Code.

Hearings conducted for the purposes of permit revocation, nuisance abatement, or appeals on the forfeiture of bonds pursuant to this Section, shall be conducted as follows:

a.

The Board of Supervisors hereby establishes the Office of County Hearing Officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code, to which Office the Board of Supervisors by resolution shall appoint one or more Hearing Officers. Each Hearing Officer shall be a duly licensed attorney at law that has been admitted to practice before the courts of this state for at least five years. A Hearing Officer shall be appointed for a term of at least one year. If the Board appoints more than one Hearing Officer, a Hearing Officer shall be assigned by the Director of the Department of Planning and Building, or a designee, based on an alphabetical rotation and/or availability of the officer(s).

The Board of Supervisors shall approve by resolution policies and procedures relating to the contracting with and compensation of Hearing Officers. The compensation and/or future appointment of a Hearing Officer shall not be directly or indirectly conditioned upon the substance of his/her rulings, including, but

not limited to, the amount of administrative fines levied. In the event of a vacancy, conflict of interest or other unavailability of an appointed Hearing Officer, an administrative law judge provided by the State of California Office of Administrative Hearings to function as the County Hearing Officer pursuant to Chapter 14 of Part 3 of Division 2 of Title 3 of the California Government Code or an independent contractor assigned by an organization or entity which provides hearing officers may act as a Hearing Officer for the purposes of this Chapter without further approval required by the Board of Supervisors.

Hearing Officers shall have all those powers set forth in sections 27721 and 27722 of the Government Code, including, but not limited to, the power to conduct the hearing, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to make findings of fact and conclusions of law, and to prepare a record of the proceedings, as well as the powers to in his or her discretion continue a hearing one time for no more than twenty (20) days, upon a showing of good cause by a party of interest in advance of the date originally set for the hearing, and the power to uphold fines and abatement orders and order that the cost of the abatement be specially assessed against the parcel.

b.

Pursuant to Government Code sections 25845, subdivision (i) and 27721, subdivision (a), the Hearing Officer shall hold an administrative hearing to determine whether the conditions existing on the property subject to the notice constitute a nuisance under this Chapter, or whether there is any other good cause why those conditions should not be abated. This hearing shall be held no less than five (5) calendar days after service of the notice of violation.

c.

The Hearing Officer shall conduct the hearing as follows:

(1)

The Hearing Officer will hear sworn testimony and consider other evidence concerning the conditions constituting cause to revoke approved permit(s), to abate a nuisance, or on appeals on the forfeiture of bonds.

(2)

Respondents to enforcement actions may be present at the hearing, may be represented by counsel, may present testimony, evidence, and cross-examine witnesses.

(3)

If the respondent does not appear and present evidence at the hearing, the Hearing Officer may base their decision solely upon the evidence submitted by the Code Enforcement Officer. Failure of the respondent to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

(4)

The hearing need not be conducted according to technical rules relating to evidence and witnesses, and may be continued from time to time.

(5)

The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter who has been certified as an interpreter by either the State of California or the County of San Luis Obispo.

(6)

The Hearing Officer will deliberate upon the evidence presented, and shall, within seven (7) calendar days after the close of the hearing, issue a written decision and order that either affirms, reverses, or modifies the determination contained in the Notice of Nuisance Abatement issued by the Code Enforcement Officer, and may include findings relating to the existence or non-existence of the alleged nuisance, as well as findings concerning the propriety and means of abatement of the conditions set forth in the Notice of Nuisance Abatement and/or appropriateness of fines levied. The decision of the Hearing Officer shall be mailed to, or personally served upon, the respondent and any other party upon whom the notice of violation was served, and the Code Enforcement Officer. The decision shall be final when signed by the Hearing Officer and served as herein provided.

(7)

Whenever the Hearing Officer becomes aware that a respondent has failed to abate any unlawful activity within thirty (30) calendar days of the date of service of the decision of the Hearing Officer under this Section requiring such abatement, the Hearing Officer may direct a Code Enforcement Officer to enter upon the property and abate the nuisance. The Code Enforcement Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary.

(8)

The costs of abatement and all administrative costs incurred pursuant to this Chapter shall be recoverable in accordance with the Section 23.10.050 and Section 23.10.150.F.

[2021, Ord. 3435]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3435 May 14, 2021]

23.10.040 - Notices - Service and Release.

a.

Service of notice. Any notice required pursuant to this chapter shall be served by the Enforcement Officer as follows, except where this chapter provides otherwise:

(1)

A copy of the notice shall be either served personally or by mail, postage prepaid, certified, return receipt requested, to:

(i)

The owner of the affected premises as shown on the last equalized assessment role. If no address can be found or is known to the Enforcement Officer, then the notice shall be mailed to such person at the address of the premises affected by the proceedings.

(ii)

Any lessees of record of the real property;

(iii)

The record owner of any affected recreational vehicle, mobile home or other vehicle and any holders of security interest(s) in such recreational vehicles, mobile homes or other vehicles;

(iv)

Any holder of a mortgage, deed of trust, lien or encumbrance of record on the real property; and

(v)

Any person in real or apparent charge or control of the affected property, mobilehome, recreational vehicle or other vehicles.

The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder.

(2)

A copy of the notice shall be prominently and conspicuously placed upon the premises affected by the enforcement proceedings.

(3)

A copy of the notice shall be recorded in the office of the county recorder of San Luis Obispo County, except for a notice for a revocation of a bond or performance guarantee.

b.

Release of Notice: Where a notice has been served pursuant to this section and a hearing body has not determined that sufficient grounds exist for nuisance abatement, or where the owner of an affected premises has corrected the condition which was the basis for initiation of enforcement action, the Enforcement Officer shall record a Satisfaction Release and Removal of Notice of Nuisance or Notice of Nuisance Abatement.

This section establishes procedures for the recovery of administrative costs incurred by the county in the enforcement process, for the abatement of conditions defined as a nuisance by Section 23.10.150a, in cases where no permit is required pursuant to the provisions of this title or Title 19 of this code to abate such nuisance. These procedures are used where a nuisance is abated in advance of initiation of the procedures specified by 23.10.150e et seq. of this chapter.

a.

Definition of costs. For the purposes of this chapter, costs shall mean administrative costs, including staff time expended and reasonably related to nuisance abatement cases where no permit is required, for items including but not limited to investigation, site inspection and monitoring, reports, telephone contacts, correspondence and meetings with affected parties.

b.

Cost accounting and recovery required. The enforcement officer shall maintain records of all administrative costs incurred by responsible county departments associated with the enforcement process pursuant to this chapter and shall recover the costs from the property owner as provided by this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board of Supervisors.

c.

Notice of cost recovery requirements. The enforcement officer shall include in the notice of violation required by Section 23.10.105a, a statement of the intent of the county to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing if he or she objects to such charges. The notice shall state that the property owner will receive at the conclusion of the enforcement case a summary of administrative costs associated with the processing of the enforcement case at the hourly rate in effect at the time the case is initiated. The notice shall state that the property owner will have the right to object to the charges by filing a request for hearing with the Director of Planning and Building within 14 days of service of the summary of charges, pursuant to subsection d. of this section.

d.

Summary of costs. At the conclusion of the enforcement case, the Director of Planning and Building shall send a summary of costs associated with enforcement to the property owner by certified mail. The summary shall include a notice which states that if the owner objects to the charges, a request for hearing must be filed as provided by subsection f. of this section, and that if no such hearing is requested, the owner's right to object will be waived and he or she will be fully liable for the charges, to be recovered in a civil action in the name of the county, in any court of competent jurisdiction within the county.

e.

Hearing on objection to charges. Any property owner who receives a summary of costs pursuant to subsection d. of this section shall have the right to a hearing before the Hearing Officer on his or her objections to the proposed costs, as follows:

(1)

Request for hearing. A request for hearing shall be filed with the Department of Planning and Building within 14 days of the service by mail of the summary of costs, in the form of a letter setting forth the nature of the property owner's objections to the costs.

(2)

Scheduling of hearing. Within 30 days of the filing of the request for hearing, and on 14 days written notice to the owner, the Hearing Officer shall hold a hearing on the owner's objections and determine the validity thereof.

(3)

Decision by Hearing Officer. In determining the validity of the costs, the Hearing Officer shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists. The decision of the Hearing Officer shall be final when signed by the Hearing Officer and served in accordance with Section 23.10.030.c(6).

f.

Collection of charges. In the event that no request for hearing is filed pursuant to subsection e. of this section or after a hearing the Hearing Officer affirms the validity of the costs, the property owner shall be liable to the county in the amount stated in the summary or any lesser amount as determined by the Hearing Officer. Such costs shall be recoverable in a civil action in the name of the county, in any court of competent jurisdiction within the country.

[2021, Ord. 3435]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3435 May 14, 2021]

Any person who erects, constructs, alters, enlarges, moves or maintains any building or structure, or establishes a use of land for which a permit is required by this title or Title 19 of this code without first having obtained such permit shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the site, first pay such additional permit processing fees as established from time to time by the county fee ordinance.

The code enforcement officer is hereby empowered to use any of the procedures described by the following sections, where appropriate to correct violations of, and secure compliance with, the provisions of this title:

The code enforcement officer shall employ the procedures of this section in the initiation of enforcement action in cases where he or she has determined that real property within the unincorporated areas of the county of San Luis Obispo is being used or maintained in violation of the provisions of this title or Title 19 of this Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations of this Code, so that the other enforcement measures provided by this chapter may be avoided where such prompt correction occurs.

a.

Notice to responsible parties. The code enforcement officer shall provide the record owner of the subject site and any person having possession or control of the site with a written Notice of Violation, including the following information:

(1)

Explanation of the nature of the violations and any actions which the property owner must take to correct the violations;

(2)

The time limit for correction of the violation pursuant to subsection b. of this section;

(3)

A statement that the county intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 23.10.150a, pursuant to Section 23.10.050;

(4)

A statement that the property owner may request and be provided a meeting with the code enforcement officer to discuss possible methods and time limits for the correction of identified violations.

b.

Time limit for correction. The Notice of Violation pursuant to subsection a. of this section shall state that the violation must be corrected within 30 days from the date of the notice to avoid further enforcement action by the county, unless the responsible party contacts the code enforcement officer within that time to arrange for a longer period for correction. The 30-day time limit may be extended at the discretion of the enforcement officer where he or she determines it is likely that the responsible party will correct the violation within a reasonable time. The notice may also state the requirement by the enforcement officer that correction shall occur within less than 30 days if the enforcement officer determines that the violation constitutes a hazard to health or safety.

c.

Use of other enforcement procedures. The enforcement procedures of Sections 23.10.110 through 23.10.160 may be employed by the code enforcement officer after or instead of the provisions of this section in any case where the code enforcement officer determines that the provisions of this section would be ineffective in securing the correction of the violation within a reasonable time.

d.

Acknowledgment of correction. When a violation of this Code is determined by the enforcement officer to have been corrected and any cost recovery required pursuant to Section 23.10.050 has been completed, the enforcement officer shall provide the property owner with a letter acknowledging that correction has occurred and that the county enforcement case has been closed.

The code enforcement officer shall employ the procedures set forth in the California Vehicle Code and Chapter 8.24 of this Code to remove abandoned and/or inoperable vehicles from private property and secure their proper disposal. Abandoned vehicles located within public road rights-of-way may be removed only by the county Sheriff or California Highway Patrol.

The code enforcement officer is hereby authorized by the San Luis Obispo County Board of Supervisors to issue a citation to any person who violates any of the provisions of this title. Issuance of a citation shall be pursuant to Chapter 1.08 of this Code (Citations). Penalties for violation are established by Section 23.10.022 (Penalties).

The code enforcement officer may initiate procedures to forfeit all or a portion of a bond or cash deposit (Section 23.02.060 - Guarantees of Performance).

The code enforcement officer may work with County Counsel to secure injunctive relief to terminate a violation of the provisions of this title.

The code enforcement officer may employ the provisions of this section to secure the abatement of nuisances, as defined by this section.

a.

Nuisance defined: Except as otherwise provided in Section 23.10.101, a nuisance is any of the following:

(1)

Any condition declared by a statute of the state of California or ordinance by San Luis Obispo County to be a nuisance.

(2)

Any public nuisance known at common law or equity.

(3)

Any condition dangerous to human life, unsafe, or detrimental to the public health or safety.

(4)

Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this title, or Titles 6, 8, 13, or 19 of this Code.

b.

Pre-existing Agricultural Uses Not a Nuisance:

(1)

No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began.

(2)

Subsection b(1) shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof, obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

(3)

This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, of the agricultural activity, operation, or facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in any such provision.

(4)

For purposes of this section, the term "agricultural activity, operation, or facility, or appurtenances thereof" shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

c.

Notice of Nuisance: Upon the determination by the code enforcement officer that a nuisance exists, a Notice of Nuisance may be prepared, with copies thereof to be served as provided by Section 23.10.040a (Service of Notice). The Notice of Nuisance shall include the following information:

(1)

A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.

(2)

A description of the condition causing the nuisance. Where the Enforcement Officer has determined that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice is to state the repairs or corrective actions that will be required, and the time limit within which the nuisance must be corrected.

(3)

An order to complete abatement of the nuisance within 30 days.

(4)

A statement that if the nuisance is not corrected as specified, a hearing will be held before the Hearing Officer to consider whether to order abatement of the nuisance and levy a special assessment, which may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes pursuant to Section 25845 of the Government Code. Special assessments are subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes.

(5)

A statement that the county intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 23.10.105a, pursuant to Section 23.10.050.

(6)

Where the code enforcement officer has determined that the condition causing the nuisance is imminently dangerous to life or limb, or to public health or safety, the notice may include an order that the affected property, building or structure be vacated, pending correction or abatement of the conditions causing the nuisance.

d.

Notice of Nuisance Abatement: If, upon the expiration of the period specified in the Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within the time specified, the code enforcement officer shall prepare a Notice of Nuisance Abatement, and serve such notice as provided by Section 23.10.050 (Service of Notice). The Notice of Nuisance Abatement shall contain the following:

(1)

A heading, "Notice of Nuisance Abatement."

(2)

A notice to appear before the Hearing Officer at a stated time and place not less than 10 nor more than 30 days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the code enforcement officer.

(3)

The information specified in subsection c. of this section.

e.

Abatement proceedings: When a Notice of Nuisance Abatement has been prepared and served pursuant to subsection d. of this section, nuisance abatement shall proceed as follows:

(1)

Hearing. A decision to abate a nuisance shall be at the discretion of the Hearing Officer, after a hearing conducted pursuant to Section 23.10.030 (Enforcement Hearings).

(2)

Order by Hearing Officer. Upon the conclusion of the hearing, the Hearing Officer may terminate the abatement proceedings or it may order:

(i)

That the owner or other affected person shall abate the nuisance, prescribing a reasonable time (not less than 30 days) for completion of abatement.

(ii)

That, in the event abatement is not commenced, conducted and completed in accordance with the terms set by the Hearing Officer, the Enforcement Officer is empowered and authorized to abate the nuisance.

(3)

Service of Hearing Officer order. The order of the Hearing Officer shall be served as provided by Section 23.10.040 (Service of Notice), except that the order need not be posted on the property or recorded pursuant to Section 23.10.040a(3).

(4)

Commencement of time limits. The time limits set by the Hearing Officer for completion of abatement or other required actions shall begin upon service of the notice, unless the order of the Hearing Officer sets specific dates for completion of abatement.

(5)

Compliance with Hearing Officer order required. It is unlawful and a violation of this Code for any person to fail to comply with the provisions of an order of the Hearing Officer pursuant to this section. The penalty for failure to comply with such order shall be as set forth in Section 23.10.022.

f.

Abatement penalties and costs: Upon expiration of the time limits established by subsection e(4) of this section, the code enforcement officer shall acquire jurisdiction to abate the nuisance, and shall carry out the following as appropriate:

(1)

Disposal of materials: Any materials in or constituting any nuisance abated by the enforcement officer may be disposed of, or if directed by the Hearing Officer where such materials are of substantial value, sold directly by the General Services Department or the Director of Planning and Building in a manner approved by County Counsel, or sold in the same manner as surplus county personal property is sold.

(2)

Account of costs and receipts and notice of assessment: The enforcement officer will keep an itemized account of the costs of enforcing the provisions of this ordinance, and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the enforcement officer is to prepare a notice to be served as provided in Sections 23.10.050a and b., specifying:

(i)

The work done.

(ii)

An itemized account of the costs and receipts of performing the work.

(iii)

An address, legal description, or other description sufficient to identify the premises.

(iv)

The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses.

(v)

The time and place where the Enforcement Officer will submit the account to the Hearing Officer for confirmation. The time and place specified shall be not less than 15 days after service of the notice.

(vi)

A statement that the Hearing Officer will hear and consider objections and protests to said account and proposed assessment or refund.

(3)

Hearing on account and proposed assessment: At the time and place fixed in the notice, the Hearing Officer will hear and consider the account and proposed assessment, together with objections and protests thereto, (Section 23.10.040 - Enforcement Hearings). At the conclusion of the hearing, the Hearing Officer may make such modifications and revisions of the proposed account and assessment as he or she deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the Hearing Officer as to all matters contained therein is final and conclusive.

(4)

Notice of lien: Upon confirmation of an assessment by the board, the Enforcement Officer shall notify the owners by certified mail, return receipt requested, of the amount of the pending lien confirmed by the Hearing Officer, and advise them that they may pay the account in full within 30 days to the Department of Planning and Building in order to avoid the lien being recorded against the property. If the lien amount is not

paid by the date stated in the letter, the code enforcement officer shall prepare and have recorded in the office of the county recorder of San Luis Obispo County a notice of lien. The notice shall contain:

(i)

A legal description, address and/or other description sufficient to identify the premises.

(ii)

A description of the proceeding under which the special assessment was made, including the order of the Hearing Officer confirming the assessment.

(iii)

The amount of the assessment.

(iv)

A claim of lien upon the described premises.

(5)

Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 of the Government Code. Such lien shall be at a parity with the liens of state and county taxes.

(6)

Collection with ordinary taxes. After recordation, the Notice of Lien shall be delivered to the county auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes, and

is subject to the same penalties and interest, and to the same procedures for foreclosure 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 hereby made applicable to such assessment.

g.

Cannabis Activity and Industrial Hemp Related Violations. Pursuant to Government Code sections 25845, subdivision (i) and 27721, the duties and powers of the Board of Supervisors under Section 23.10.150 are hereby delegated to the Office of County Cannabis Hearing Officer, established under Sections 22.40.130.C and 23.08.432.c, for all violations of Titles 6, 8, 19 or 23 of this Code which relate to or arise from a cannabis or industrial hemp activity in the County's discretion, whether or not such cannabis or industrial hemp activity is ongoing, dormant or abandoned. Such duties and powers include conducting abatement hearings and determination of post-abatement costs and assessments. For violations which relate to or arise from a cannabis or industrial hemp activity, the Code Enforcement Officer is not required to first pursue the procedures of Section 23.10.105 or send a Notice of Nuisance under Section 23.10.150.c, and instead, upon a determination that a nuisance exists, may proceed immediately with a Notice of Nuisance Abatement under Section 23.10.150.d, with a notice to appear before the Cannabis Hearing Officer at a stated time and place not less than 5 days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the County if not already abated by the County as an immediate threat to public health or safety. The foregoing notice may be consolidated with a notice of nuisance abatement under Section 23.08.432.b, and with a notice of violation and/or notice of fine under Sections 1.05.030 and 1.05.050. Notwithstanding Section

23.10.150.e.2.i, the Cannabis Hearing Officer may order that the owner or other affected person abate the nuisance within two (2) calendar days of the date of service of the decision of the Cannabis Hearing Officer, and, in the event the abatement is not completed, the Code Enforcement Officer is empowered and authorized to enter upon the property and abate the nuisance. Nuisances subject to abatement under this subsection include, but are not limited to: wood or chain link fences with tarp, plywood or similar screening; storage structures; raised or ground-level plant beds and pots; above ground water storage tanks or pools; hoop structures, greenhouses and frames, irrigation lines; generators; small and large machinery; manufacturing and processing equipment or implements; artificial lighting; pesticides; fertilizers; trash or refuse; and, tents, RVs or other unpermitted structures used for living quarters.

[Amended 2018, Ord. 3362; 2020, Ord. 3415; 2021, Ord. 3435; 2024, Ord. 3513]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3415 on April 15, 2021; Ord. No. 3435 May 14, 2021]

The code enforcement officer may initiate proceedings to revoke the approval of any land use permit issued pursuant to this title or the former zoning ordinance (Ordinance 603 and all amendments thereto) in any case where a use of land has been established or is conducted in a manner which violates or fails to observe the provisions of this title or a condition of approval, as provided by this section.

a.

Notice of Pending Revocation. The code enforcement officer shall notify the permittee of the intended revocation of the approval of a land use permit at least 10 days before a revocation hearing (Section 23.10.040 - Enforcement Hearings). Such notice shall contain the following:

(1)

A heading reading, "Notice of Revocation Hearing".

(2)

The provisions and/or conditions violated and the means to correct such violation(s), if any.

(3)

The date and place of the revocation hearing.

b.

Revocation hearing. Before any action is taken to revoke an approved land use permit, a hearing shall be conducted pursuant to Section 23.10.030 (Enforcement Hearings).

c.

Action to revoke: If after the revocation hearing the Hearing Officer finds that grounds for revocation have been established, the Hearing Officer may:

(1)

Allow the permittee additional time to correct the violation or non-compliance; or

(2)

Modify conditions of approval on the basis of evidence presented at the hearing; or

(3)

Revoke the approved land use permit and order the discontinuance or removal of the approved use within a time specified by the hearing body.

In the absence of an appeal pursuant to subsection d. of this section, revocation shall become effective 14 days after the action of the Hearing Officer. Upon the effective date of revocation, the code enforcement officer shall initiate nuisance abatement proceedings by preparing and serving a Notice of Nuisance pursuant to Section 23.10.150, with the time limit for action by the permittee specified in the notice being that set by the hearing body in the revocation order.

d.

Decision. The decision shall be final when signed by the Hearing Officer and served as provided in Section 23.10.030.c(6).

e.

Use after revocation: When an approved land use permit has been revoked, no further development or use of the property authorized by the revoked entitlement shall be continued, except pursuant to approval of a new land use permit and any other authorizations or permits required by this code.

[Amended 2021; Ord. 3435]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3435 May 14, 2021]

Chapter 23.11 - DEFINITIONS