Santa Barbara County Municipal Code § 17-86 Franchises or contracts—Termination by board of supervisors

The director is hereby authorized to investigate all reported or apparent violations of any of the provisions of this chapter. If a violation is determined to exist, the director is hereby authorized to enforce and secure compliance with the provisions of this chapter. The director may request, and shall receive, the assistance and cooperation of other officials of the county to assist in the discharge of these duties.

(Ord. No. 5151, § 1, 2-15-2022)

(a) Whenever it is necessary to make an inspection to enforce any of the provisions or perform any duty imposed by this chapter or by the codes adopted by reference hereby or other applicable law, the director is hereby authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the director by this chapter or other applicable law; provided that if such property be occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefore. If such entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the director shall have recourse to every remedy provided by law to secure lawful entry and inspect the property.

(b) Notwithstanding subsection (a) of this section, if the director has reasonable cause to believe that the building or premises is so hazardous, unsafe, offensive, or dangerous as to require immediate inspection to safeguard the public health or safety, he shall have the right to immediately enter and inspect such property and use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and the purpose of the inspection.

(Ord. No. 5151, § 1, 2-15-2022)

The director or any other person acting under authorization of the director, if acting in good faith and within the course and scope of their employment, shall not thereby be liable personally, and shall be relieved from all personal liability for any damage that may accrue to persons or property as the result of or by reason of any act or omission occurring in the good faith discharge of such duties. Any suit brought against the director or his or her agents or employees because of such act or omission performed in good faith in the enforcement of any provision of this article, shall be defended by the county.

(Ord. No. 5151, § 1, 2-15-2022)

If unable to otherwise enforce the terms of this chapter, the director shall refer the matter to the district attorney and/or the county counsel of the county for appropriate legal action.

(a) Any activity which is in violation of the provisions of this chapter, and any use of any lands, building or premises conducted, operated or maintained in violation of the provisions of this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance.

(b) Whenever, in the judgment of the director, any person, firm or corporation is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this chapter, and at the request of the director, the district attorney or county counsel of the county may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the department that such person, firm or corporation has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted.

(Ord. No. 5151, § 1, 2-15-2022)

(a) Any person, whether acting as principal, agent, employee, or otherwise who willfully violates any provision of this chapter, shall be liable for civil penalties not to exceed twenty-five thousand dollars for each day the violation continues to exist.

(b) Any person, whether as principal agent, employee, or otherwise, who willfully violates any provision of this chapter, shall further be liable to the county for the cost incurred and the damages suffered by the county, its agents and agencies as a result of such violations.

(c) In determining the amount of the civil penalties to impose, the court shall consider all relevant circumstances, including but not limited to revenue or other monetary expenses or losses suffered by the county, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and the net worth of the violator, whether corporate or individual, and any corrective action taken by the defendant.

(Ord. No. 5151, § 1, 2-15-2022)

(a) Any person, firm or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this chapter, shall be guilty of an infraction and upon conviction thereof, shall be punished by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of the same provision within one year; and (3) a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.

(b) Any such infraction may, at the discretion of the district attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this chapter within the twelve-month period immediately preceding the commission of the offense, or has been convicted of three or more violations of any of the provisions of this chapter within the twenty-four-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be a fine of not less than five hundred dollars, nor more than twenty-five thousand dollars, or imprisonment in the county jail for a period not to exceed sixty days, or by both such fine and imprisonment, except that where such prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt, or by the court where guilt is established by pleas of guilty, or nolo contendere, or by trial by the court sitting without a jury, the punishment shall be a fine of no less than one thousand dollars, nor more than twenty-five thousand dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 5151, § 1, 2-15-2022)

It shall be deemed a separate and distinct offense for each and every day during which any violation of the provisions of this chapter is committed, continued or permitted by any person, firm or corporation.

(Ord. No. 5151, § 1, 2-15-2022)

The remedies provided for herein shall be cumulative to each other and to the remedies or penalties available under all other laws of this state.

(Ord. No. 5151, § 1, 2-15-2022)

(a) This section establishes procedures for the recovery of administrative costs, including staff and attorney time, expended to enforce the provisions of this chapter by any of the procedures set forth in this article. The intent of this section is to recoup administrative costs reasonably related to enforcement.

(b) The department of public works shall maintain record of all administrative costs incurred associated with the processing of violations and enforcement of this chapter and shall recover such costs from the property owner as provided herein. Staff time, including attorney time, shall be calculated at an hourly rate as established and revised from time to time by the board of supervisors.

(c) Upon investigation and a determination that a violation of any of the provisions of this chapter is found to exist, the director or any person in the department authorized by the director shall notify by mail the record owner or responsible party having possession or control of the subject property, as the case may be, of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on objections thereto. The notice shall be in substantially the following form:

NOTICE

The Public Works Department has determined that conditions exist at the property located at: _______ which violate Section(s) _______ of the County Code.

Description of Violation(s):

_____

_____

_____

Notice is hereby given that at the conclusion of the case, you will receive a "Summary of Administrative Costs" associated with processing of this violation at an hourly rate as established and adjusted from time to time by the Board of Supervisors.

The hourly rate presently in effect is $_______ per hour for staff time and $_______ per hour for attorney time.

You will have the right to object to these charges by filing a Request for Hearing with the Director of Public Works within ten days after service of the Summary of Charges.

Dated: _____ Director of Public Works

By: _____

(d) At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property, by certified mail. Said summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges, you must file a Request for Hearing on the enclosed form within ten days of the date of this Notice. If you fail to timely request a hearing, your right to object will be waived and you will be liable to the County for these charges, to be recovered in a civil action in the name of the County in any court of competent jurisdiction within the County.

Dated: _____ Director of Public Works

By: _____

(e) In the event that no request for hearing is timely filed, or after a hearing the director affirms the validity of the costs, the property owner or person in control and possession shall be liable to the county in the amount stated in the summary or any lesser amount as determined by the director. These costs shall be recoverable in a civil action in the name of the county.

(f) Any property owner or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the director on his objections to the proposed costs in accordance with the procedures set forth herein.

(1) A request for hearing shall be filed with the department within ten days of the service by mail of the department's summary of costs on a form provided by the department.

(2) Within thirty days of the filing of the request, and on ten days' written notice to the owner, the director shall hold a hearing on the owner's objections and determine the validity thereof.

(3) In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to the following: 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; and the degree of cooperation provided by the owner.

(4) The director's decision shall be appealable to the board of supervisors.

(Ord. No. 5151, § 1, 2-15-2022)

In the event a franchise or contract exists between the county and any collector, such franchise or contract, in addition to any other remedy available to the county, may be terminated as follows:

(a) In the event of a failure of performance on the part of the collector affecting the public health and welfare or the willful violation of any of the terms and provisions of this chapter or the franchise, contract or resolution hereunder, following a report concerning the foregoing from the environmental health officer and the director, the board shall hold a public hearing on whether the franchise or contract and all rights and privileges of the collectors thereunder should be revoked and the bond or bonds of the collector forfeited.

(b) In the event the collector shall at any time during the term of franchise or contract become insolvent or if proceedings in bankruptcy shall be instituted by or against the collector, or if the collector shall be adjudged bankrupt or insolvent by any court, or a receiver or trustee in bankruptcy or a receiver of any property of the collector shall be appointed in any suit or proceeding brought by or against the collector, or if the collector shall make an assignment for the benefit of creditors, then the board shall hold a public hearing on whether the franchise or contract and all rights and privileges of the collector thereunder should be revoked and the bond or bonds of the collector forfeited.

(c) A collector shall not assign or transfer his or her franchise or contract to any other person without the express approval of the board by a resolution duly adopted by the board. Any effort to make an assignment without obtaining the prior approval of the board shall terminate all the rights of the collector. For the purposes of determining an assignment under such franchise or contract, any changes in more than fifty percent of stock ownership in corporations, changes in general partnerships or general partners in limited partnerships or percentage of participation therein, or transfer of more than fifty percent interest in the operating company, whether voluntary or involuntary, shall constitute an assignment. In the event of an allegation of an attempt of any collector to assign any rights under such franchise or contract without the permission of the board, the board shall hold a public hearing on whether the franchise or contract and all rights and privileges of the collector thereunder should be revoked and the bond or bonds of the collector forfeited.

(1) The public hearing(s) as described above shall be held after at least ten days' written notice to the collector setting forth the charges of the environmental health officer and/or the director and setting forth the time and place of such public hearing and the reason for such public hearing. The board, at such public hearing, after hearing and receiving all evidence and testimony relevant and material on each issue offered at such public hearing, shall determine whether the collector has violated subsections (a), (b), and/or (c) of this section and shall make appropriate findings supporting such a determination. Thereafter, the board may terminate such franchise or contract and forfeit such bond or bonds. The decision of the board in this matter shall be final.

(2) In the event of termination of the franchise or contract as herein specified, the county shall have the right forthwith to take possession of all trucks and other equipment of the collector for the purpose of collecting and disposing of the solid waste which the collector agreed to do. The county shall have the right to retain possession of such trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by the county for such purpose. The county shall also have access to the collector's records for the purpose of billing service accounts during the period the county is providing the solid waste collection service and shall retain all fees collected for such services.

(Ord. No. 5151, § 1, 2-15-2022)

If any section, subsection, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this chapter. The board hereby declares that it would have adopted this chapter, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

(Ord. No. 5151, § 1, 2-15-2022)