Santa Barbara County Municipal Code § 35-39 Right of entry

Any sign set up, applied, erected, constructed, altered, affixed, repaired, installed, relocated, enlarged, converted, maintained or projected as an image contrary to the provisions of this article, shall be and the same is hereby declared to be unlawful and a public nuisance.

(Ord. No. 2077, § 1)

The planning director, his or her zoning administrator, deputies, assistants and planning technicians are hereby authorized and directed to investigate all purported violations of any of the provisions of this article. If a violation is determined to exist or to be impending, the planning director, his or her zoning administrator, deputies, assistants and planning technicians are hereby authorized and directed to take such measures as they deem necessary or expedient to enforce and secure compliance with the provisions of this article, including the signing of complaints and other legal documents. Where any sign work is being done contrary to the provisions of this article, the planning director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the planning director to proceed with the work.

(Ord. No. 2077, § 1; Ord. No. 3457, § 2)

1. Purpose and Intent. This section establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this article in cases where no permit is required in order to cure a violation. The intent of this section is to recoup administrative costs reasonably related to enforcement.

2. Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them herein.

a. "Costs" means administrative costs, including staff time expended and reasonably related to enforcement, for items including site inspections, summaries, reports, telephone contacts and correspondence. Travel done for inspections shall not be included.

b. "Department" means the department of planning and development of the County of Santa Barbara.

c. "Director" means the director of the department of planning and development, or any person within the department authorized by the director.

d. "Owner" means the record owner or any person having possession and control of the subject property.

3. The planning and development department shall maintain records of all administrative costs, incurred by responsible county departments, associated with the processing of violations and enforcement of this article and shall recover such costs from the property owner as provided herein. Staff time shall be calculated at an hourly rate as established and revised from time to time by the board of supervisors.

4. Notice. Upon investigation and a determination that a violation of any of the provisions of this article is found to exist, the director, or any person within the department authorized by the director, shall notify the record owner or any person having possession or control of the subject property by mail 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 Department of Planning and Development has determined that conditions exist at the property at ___________ which violate Section _______ of the County Code, to wit:

(description of violation) _____ _____

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the 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 of staff time.

You will have the right to object to these charges by filing a Request for Hearing with the Department of Planning and Development within ten (10) days of service of the summary of charges, pursuant to Section 35-36.1.6.

5. 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 (10) 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.

In the event that (a) no request for hearing is timely filed or, (b) 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, in any court of competent jurisdiction within the county.

6. 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.

a. 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.

b. 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.

c. 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; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.

d. The director's decision shall be appealable to the board of supervisors pursuant to section 35-12.

(Ord. No. 3593, § 1)

Any person who shall erect, construct, alter, enlarge, move or maintain any building or structure, or institute a use for which a permit is required by this article without first having obtained a permit therefor, shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the property, first pay such additional permit processing fees as established from time to time by the board of supervisors.

(Ord. No. 3593, § 1)

If any portion of a privilege authorized by a modification, variance, conditional use permit, or other permit approved under this chapter is utilized, the conditions of the modification, variance, conditional use permit, or other permit approved under this chapter, immediately become effective and must be strictly complied with. The violation of any valid condition imposed by the planning commission, board of supervisors, zoning administrator, or planning and development department in connection with the granting of any modification, variance, conditional use permit, or other permit taken pursuant to the authority of this chapter, shall constitute a violation and shall be subject to the same penalties as defined in section 35-41.

(Ord. No. 3593, § 2)

The planning director, his or her zoning administrator, or any deputies, assistants or planning technicians, charged with the enforcement of this article, acting in good faith and without malice for the county, shall not thereby render himself liable personally and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his duties.

Any suit brought against the planning director, his or her zoning administrator, or any deputies, assistants or planning technicians, because of such act or omission performed by him in the enforcement of any provisions of this article, shall be defended by county counsel until final termination of the proceedings.

(Ord. No. 2077, § 1; Ord. No. 3457, § 3)

The planning director may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the county.

(Ord. No. 2077, § 1)

With the consent of the owner or occupier of any building, structure, or premises or under an inspection warrant issued pursuant to sections 1822.50 to 1822.57 of the Code of Civil Procedure of the state, the planning director, his or her zoning administrator, or any deputies, assistants or planning technicians, may enter at all reasonable times any building, structure or premises in the county to perform any duty imposed upon him by this article.

(Ord. No. 2077, § 1; Ord. No. 3457, § 4)

If unable to otherwise enforce the terms of this article, the planning director shall refer the matter to the district attorney or county counsel for appropriate legal action, civil, criminal or both.

(Ord. No. 2077, § 1)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this article or the rules, regulations, orders or permits issued thereunder, shall be guilty of an infraction and, upon conviction thereof, shall be punishable 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 ordinance within one year; and (3) a fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. No. 2077, § 1; Ord. No. 2947, § 1; Ord. No. 3591, § 1)

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2077, § 1)