Santa Clara County Municipal Code Div. A37 Administrative Violations, Fines and Penalties

Footnotes:

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Editor's note— Sec. 31 of Ord. No. NS-300.967, adopted November 15, 2022, amended Div. A37 in its entirety to read as herein set out. Former Div. A37 pertained to the same subject matter and derived from Ord. No. NS-300.900, adopted August 30, 2016.

State Law reference— Government Code § 53069.4.

(a) The purpose of this Division is to make any violation of any County ordinance subject to an administrative fine or penalty and to set forth the administrative process that shall govern the imposition, enforcement, collection, and administrative review of those administrative violations, fines, or penalties.

(b) The remedies authorized in this Division are cumulative to any other remedy provided for in this Code or state or federal law, and the administrative fines, penalties, and costs authorized in this Division may be imposed in addition to any other fine, penalty, fee, charge, notice of violation, or any other remedy provided for in this Code or state or federal law, so long as the cumulative application of such available remedies would not violate any applicable law.

(c) The procedures outlined in this Division are not intended to be exclusive, and election by a department to follow the procedures in this Division does not preclude the County from taking any other enforcement action in response to a Code violation, including, but not limited to, referring the violation to the County Counsel and/or District Attorney for civil or criminal prosecution.

(Ord. No. NS-300.967, § 31, 11-15-22)

Whenever used in this division, the following words and phrases shall be defined as set forth in this section:

(a) Correction period. The time period specified in a Notice of Violation within which the Responsible Party must correct or otherwise remedy a continuing violation. The correction period may be extended in writing by the Enforcement Officer or Issuing Department as specified in this Division.

(b) Property Owner. Any title owner of real property at the address shown on the last equalized County Assessment roll.

(c) Responsible Party. Any person responsible for, or alleged to be responsible for, a Code violation. There may be more than one Responsible Party for a Code violation. A Responsible Party may include any of the following:

(1) Any person who causes or materially contributes to the Code violation;

(2) Any person who maintains or allows the Code violation to continue by their action or inaction;

(3) Any person whose agent, employee, or independent contractor causes or materially contributes to the causation of the Code violation;

(4) For Code violations pertaining to conditions of real property, any Property Owner as defined in this Division; any person who has a current right to possess the real property; any person who provides money to another for the purpose of financing the commission of Code violations on the real property; any person who provides money to another to purchase the real property, knowing or intending that the purchaser will commit Code violations on the real property; and any other Responsible Party as defined in this subsection.

(5) Any on-site manager of a business who is responsible for the activities at the business premises.

(6) The term "person" includes a "public entity" in addition to the definition in Section A1-21.

(Ord. No. NS-300.967, § 31, 11-15-22)

(a) Whenever an Enforcement Officer determines that a Code violation exists, the Enforcement Officer may issue a Notice of Violation to any Responsible Party.

(b) The Notice of Violation shall contain the following information:

(1) The date of the violation or, if the date of the violation is unknown, then the date the violation is identified.

(2) The name of the Responsible Party, if known.

(3) The name of the Issuing Department and Enforcement Officer.

(4) The address or a definite location description where the violation occurred.

(5) The Code section violated and a brief description of the violation.

(6) The procedure for appealing the Notice of Violation under Sections A37-9 and A37-10.

(7) A statement that the imposition of any administrative fines will be stayed if the Enforcement Officer, in their discretion, extends the Correction Period based on a showing of good cause pursuant to Section A37-3(e).

(8) For continuing violations, the Notice of Violation shall contain the following additional information:

(i) A Correction Period in which the Responsible Party may correct the violation, unless there is an immediate danger to health, safety, or welfare, or there is a statutory or legal exception which renders a Correction Period inappropriate.

(ii) The actions required to correct the violation.

(iii) A statement that an administrative fine will be imposed on the Responsible Party pursuant to Division A37 of this Code if the violation is not corrected during the Correction Period, if one is provided.

(iv) The administrative fine amount for the Code violation and the frequency of the accrual.

(v) If applicable, the date on which the files will take effect.

(vi) A statement that the County is entitled to seek abatement costs and attorney's fees pursuant to Division A37 of this Code if the violation is not corrected during the Correction Period, if one is provided.

(vii) A general description of the fine-payment process, including a description of the time within which and the place to which the fine shall be paid.

(viii) Notice that the Issuing Department may record notice of the Code violation with the County Clerk-Recorder's Office if the violation is not corrected within the initial Correction Period.

(9) If the violation is not a continuing violation, the Notice of Violation shall contain the following additional information:

(i) A statement that an administrative fine is being imposed on the Responsible Party pursuant to Division A37 of this Code.

(ii) The administrative fine amount for the Code violation.

(iii) A statement that the County is entitled to recover abatement costs and attorney's fees pursuant to Division A37 of this Code.

(iv) A general description of the fine-payment process, including a description of the time within which and the place to which the fine shall be paid.

(v) Notice that the Issuing Department may record notice of the Code violation with the County Clerk-Recorder's Office.

(c) Notwithstanding the above, a Notice of Violation shall not be deemed void if it omits information required by subsection (b) so long as the Notice of Violation contains sufficient information to put the Responsible Party on notice regarding:

(1) The description of the violation and the Code section violated;

(2) The actions required to correct the violation; and

(3) The consequences of failing to correct the violation.

(d) The Enforcement Officer shall serve a Notice of Violation pursuant to Section A37-7. If the Notice of Violation is for a violation that is not continuing but is capable of being repeated, the Enforcement Officer needs to serve only one Notice of Violation for the violation. The Enforcement Officer does not need to serve a new Notice of Violation each time they determine that the violation has been repeated. Instead, the Enforcement Officer shall notify the Responsible Party in writing that the County has determined that the non-continuing violation has been repeated and identify the administrative fines that are being assessed. The determination shall be served on the Responsible Party in accordance with Section A37-7. If the Responsible Party disagrees with the County's determination, they may appeal the determination pursuant to Section A37-9.

(e) Where a Correction Period is provided, the Enforcement Officer may, in their sole discretion, grant a reasonable extension of any Correction Period specified in a Notice of Violation, if, in their judgment, an extension is warranted. Good cause for an extension must be requested by the Responsible Party or their agent in writing. An extension of a Correction Period is only valid if it is issued by the Enforcement Officer in writing. The imposition of administrative fines shall be stayed during the period of any such extension.

(f) Unless a Responsible Party requests review of the Notice of Violation by the Issuing Department pursuant to Section A37-9, the Notice of Violation shall constitute the final administrative order of the County with respect to the underlying violation and the administrative fine, and the fine shall be due and payable by the Responsible Party to the County of Santa Clara by the later of:

(1) Thirty calendar days following service of the Notice of Violation; or

(2) Thirty calendar days following the date specified in the Notice of Violation for when fines will be imposed.

(g) Payment of an administrative fine shall not excuse the Responsible Party from correcting the Code violation. The issuance of a Notice of Violation shall not prevent the Enforcement Officer, Issuing Department, or County from taking any other enforcement action in response to a Code violation.

(Ord. No. NS-300.967, § 31, 11-15-22; Ord. No. NS-300.1003, § 1, 11-18-25)

(a) If a Responsible Party fails to correct a violation during the initial correction period, does not appeal a Notice of Violation to the Issuing Department as provided for in Section A37-9, or if the Department Head issues a written determination that the violations exist after a Departmental Hearing by the Responsible Party, the Issuing Department may record the Notice of Violation if notice of an intent to record a violation has been provided to the Responsible Party under Section A37-3.

(b) The notice of recordation shall include the following information:

(1) A statement that the notice of the Code violation has been recorded with the County Clerk-Recorder's Office.

(2) The name of the Responsible Party, if known.

(3) The Code section violated.

(4) The address, or if none exists, a description of the property, where the Code violation occurred (for violations pertaining to the condition of real property).

(5) A brief description of the Code violation.

(6) The names of the Issuing Department and Enforcement Officer.

(7) Notice that, upon correction of the violation and full payment of any outstanding fines and fees, the Responsible Party may request expungement of the violation.

(c) If notice of intent to record is not provided in the Notice of Violation pursuant to Section A37-3, the Issuing Department shall send a notice of intent to record containing the information in Section A37-4(b)(2)—(6) to the Responsible Party at least 14 calendar days prior to issuing a notice of recordation. A notice of intent to record under this subsection shall be served on the Responsible Party pursuant to Section A37-7.

(d) Notice of recordation shall be served on the Responsible Party pursuant to Section A37-7.

(e) Recordation of a Notice of Violation shall serve as notice to all future Property Owners of the violations and fines accruing on real property. The Issuing Department does not need to issue a new Notice of Violation or notice of administrative fines for recorded fines to begin accruing against a new Property Owner upon transfer of the real property.

(f) After correction of the violation and full payment of any outstanding fines and fees, or if a Notice of Violation is not upheld on appeal, the Issuing Department shall issue a notice of expungement of violation upon the request of any Responsible Party.

(Ord. No. NS-300.967, § 31, 11-15-22; Ord. No. NS-300.1003, § 2, 11-18-25)

(a) Each violation of any provision of this Code and each separate offense designated by this Code shall be subject to an administrative fine, as provided for in this Division.

(b) Whenever an Enforcement Officer issues a Notice of Violation, the Enforcement Officer is also authorized to impose administrative fines on the Responsible Party.

(c) A separate violation occurs on each occasion the violation is committed and, for continuing violations, on each and every day, or part thereof, during which any violation continues to exist. Each separate violation shall be subject to an administrative fine.

(d) Unless the amount of the administrative fine is specified in a statute or this Code, it shall be determined by the Enforcement Officer, based on the nature and extent of the violation, subject to the following limitations:

(1) Each Issuing Department shall determine the schedule of fines in conformity with applicable law;

(2) If this Code expressly designates the violation as an infraction, the amount of the administrative fine shall not exceed the maximum amount provided for infractions in Government Code section 25132;

(3) Unless otherwise specified in this Code, the amount of the administrative fine per violation shall not exceed $5,000.00 for each day that a violation exists. The total fine may exceed $5,000.00 when multiple violations occur or when a continuing violation exists for multiple days.

(4) In addition to standard administrative fines as specified in this Division, civil penalties may be assessed as authorized by this Code.

A notice of accrued fine for each uncorrected violation may be sent at periodic intervals, but is a courtesy notification and does not affect the accrual or amount of fines owed.

(e) In determining the amount of any administrative fine or civil penalty, the Enforcement Officer may consider:

(1) The extent to which the Responsible Party knowingly violated the law.

(2) The duration, seriousness, and magnitude of the violation.

(3) The extent to which the Responsible Party derived a financial benefit from the violation.

(4) Any prior history of violations, related or unrelated, by the same person.

(5) The Responsible Party's financial ability to pay.

(6) Any corrective action voluntarily undertaken by the Responsible Party to eliminate the violation.

(7) The magnitude or severity of harm to the community.

(8) Whether an accrued fine is reasonable and not excessive.

(9) Such other factors as justice may require, including any other mitigating circumstances justifying a reduction of the amount of the fine.

(f) If the fine is for a continuing Code violation, the fine shall accrue daily until the violation is corrected and/or the Responsible Party provides proof of that correction to the Enforcement Officer.

(1) The fine may be imposed effective immediately, except as required by paragraph (2).

(2) If the daily fine is for a continuing Code violation pertaining to building, plumbing, electrical, grading, or other similar structural or zoning issues, the fine shall not be imposed until the applicable Correction Period expires, absent a statutory or legal exemption.

(g) If the fine is for a violation that is not continuing but is capable of being repeated, the fine will accrue each time that the County determines that the violation has occurred.

(h) The Department Head or their designee may implement procedures to periodically review accrued fines to determine whether the accrued fine is reasonable and not excessive.

(i) If there are multiple Responsible Parties, each Responsible Party is jointly and severally liable for the administrative fines accrued.

(Ord. No. NS-300.967, § 31, 11-15-22; Ord. No. NS-300.1003, § 3, 11-18-25)

(a) Whenever notice is required to be given under this Division, unless otherwise specified, it shall be written and may be delivered to the Responsible Party by any of the following:

(1) Personal delivery of a copy of the notice to the Responsible Party or to anyone else authorized to accept service on their behalf.

(2) Personal delivery of a copy of the notice to an individual over 18 years of age who is a competent member of the Responsible Party's household or is apparently in charge of the Responsible Party's place of business or usual mailing address. If service is made pursuant to this paragraph, the person served shall be informed of the contents of the notice.

(3) Delivery of a copy of the notice by first class mail, postage prepaid, to the last known address of the Responsible Party.

(4) By electronic mail, if agreed to in writing by the Responsible Party.

(b) In addition to the means of service in subsection (a), if the Code violation pertains to a condition on real property, the notice may be served by mail to the address for the Responsible Party shown on the County's last equalized property tax assessment rolls.

(c) In addition to the means of service in subsections (a) and (b), a copy of the notice may be posted in a conspicuous place on the real property if reasonably necessary to alert visitors to the property of the risk of danger caused by the Code violation or if the identity of the Responsible Party cannot be determined.

(d) Service by personal delivery shall be deemed effective at the time of personal delivery. Service by mail shall be deemed effective five calendar days following the date of mailing. Service by electronic mail shall be deemed effective two calendar days following the date the electronic mail was sent. Service by posting a copy of the notice on the property shall be deemed effective five calendar days following the date of posting.

(Ord. No. NS-300.967, § 31, 11-15-22)

(a) Any Responsible Party found to have violated the Code, whether in an administrative proceeding, judicial proceeding, or through summary abatement, shall be liable to the County for all costs of abating the violation incurred by the County, including, but not limited to, administrative and staff costs and any and all costs incurred in the physical abatement of the violation. Any recovery of costs under this Section shall be in addition to and shall not limit the County's ability to recover costs pursuant to any other provision of law.

(b) The amount of the administrative and staff costs shall not exceed the amount reasonably necessary to recover the cost incurred by each respective department in enforcing the provisions of this Code against the Responsible Party, including, but not limited to, responding to complaints, performing inspections, and issuing Notices of Violations.

(c) In addition to the authority granted the Director of Planning and Development in Section A33-27(b) of the Ordinance Code, the County Executive is authorized to reduce administrative and staff costs where full payment would be a financial hardship and where compliance with permitting requirements is necessary to preserve public health, safety, and welfare.

(d) In any enforcement proceeding in which the County elects to seek attorneys' fees at the initiation of the proceeding, the prevailing party shall be entitled to seek reasonable attorneys' fees. In no action or proceeding shall an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding. The County Counsel is authorized to reduce attorney's fees where full payment would be a financial hardship or where compliance with permitting requirements is necessary to preserve public health, safety, and welfare.

(e) The County Executive is authorized to reduce abatement costs and execute agreements with a Responsible Party for payment of costs and fees in less than the amount owed as an incentive to achieve compliance.

(f) Collection of Abatement Costs and Attorney's Fees.

(1) At the conclusion of any administrative proceeding or judicial proceeding, or after abatement of a violation, the Issuing Department shall issue the Responsible Party an invoice of abatement costs and attorney's fees, if sought. The invoice shall be served pursuant to Section A37-7.

(2) If the Responsible Party fails to pay the costs and fees within 30 days of service of the invoice, the Board of Supervisors may order the costs to be specially assessed against the parcel. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure 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 applicable to the special assessment.

(3) If the Board of Supervisors specially assesses the cost of the abatement against the parcel, the Board also may cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the Board and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost.

(4) Notwithstanding the above, if a Responsible Party or the County seeks judicial review and the County is the prevailing party, the County may elect to recover abatement costs and attorney's fees through the judicial proceeding and obtain a judgment therefor.

(Ord. No. NS-300.967, § 31, 11-15-22; Ord. No. NS-300.1003, § 4, 11-18-25)

(a) Except as otherwise provided by this Code or state or federal law, a Responsible Party served with a Notice of Violation under Section A37-3 who wishes to contest the existence of the violations or the amount of administrative fines must submit a request for review to the Issuing Department within 20 days of the date of service of the Notice of Violation. Notwithstanding the above sentence, a person must also appeal to the Issuing Department pursuant to this Section if so required by another provision of this Code.

(b) At the time that the Responsible Party submits a request for review to the Issuing Department, the Responsible Party must also provide a written submission to the Issuing Department with supporting evidence that the violations described in the notice of violation do not exist and/or that the administrative fines imposed should be reduced. If the Responsible Party seeks a waiver or reduction of the fine amount on the basis of financial hardship or inability to pay, the Responsible Party must submit a sworn affidavit and supporting documents or materials demonstrating the Responsible Party's financial inability to pay the fine or establishing other mitigating circumstances justifying a reduction of the fine amount. If the Responsible Party does not timely provide a written submission as described in this section, the Responsible Party's request for review will be deemed withdrawn.

(c) The Responsible Party may request a meeting with the Department Head for the Issuing Department or their designee. The Responsible Party must make any request for a meeting in their written submission to the Issuing Department. The Department Head or their designee may elect, at their sole discretion, to hold a meeting with the Responsible Party if doing so would aid in evaluating the evidence at issue. Otherwise, the Department Head or their designee may resolve the request for review based upon the written submission and any evidence submitted therewith.

(d) The Department Head for the Issuing Department or their designee will notify the Responsible Party in writing of their determination regarding the existence of the violations and the amount of the fines. The written determination shall be issued within 60 days of the later of:

(1) The submission of a request for review; or

(2) The meeting with the Department Head or designee, if held.

The written determination shall be served on the Responsible Party pursuant to Section A37-7.

(e) Except as otherwise provided by this Code or state or federal law, the failure to submit a request for review with the required written submission to the Department under this Section shall constitute a failure to exhaust administrative remedies as a condition precedent to filing an administrative appeal with the Office of the County Hearing Officer or to judicially challenge the existence of the violations or the amount of administrative fines.

(Ord. No. NS-300.967, § 31, 11-15-22; Ord. No. NS-300.1003, § 5, 11-18-25)

(a) Any Responsible Party who receives an adverse written determination pursuant to a Departmental request for review under Section A37-9 may appeal the Issuing Department's written determination that there was a Code violation, that they are the Responsible Party, and/or the amount of administrative fines by returning a completed hearing request form to the Office of the County Hearing Officer. Unless otherwise required by law, the hearing request form must be completed and delivered to the County within 30 days of the date of service of the written determination.

(b) Notwithstanding subsection (a), a Responsible Party must also appeal to the Office of the County Hearing Officer pursuant to this Section if so required by another provision of this Code. In the event that a right to appeal to the Office of the County Hearing Officer is conferred by a provision of this Code that does not specify a deadline to file an appeal, the appeal must be filed within 30 days of service of the decision being appealed.

(c) The Responsible Party shall include all of the following information in or with the hearing request form:

(1) A statement indicating the basis on which the Responsible Party contests the Issuing Department's determination, including a factual and/or legal basis for the appeal in sufficient detail to put the County on notice of the nature of the appeal and the objections and arguments to be raised by the Responsible Party.

(2) Any evidence that the Responsible Party wants the Hearing Officer to consider.

(3) The address of the Responsible Party and, if available, their email address, for the purpose of contact and correspondence by the Issuing Department and the Office of the County Hearing Officer. The Responsible Party may request service of notices by email.

(d) The Responsible Party shall also include payment of the following with the hearing request form:

(1) A filing fee of $250.00.

(2) If a fine has been imposed, an advance deposit. The advance deposit shall be the amount of the fines challenged if less than $1,000.00, and otherwise $1,000.00.

(3) Notwithstanding the above requirements, a Responsible Party may seek a waiver or reduction in the filing fee and/or the advance deposit requirement by submitting a sworn affidavit and supporting documents or materials demonstrating the Responsible Party's financial inability to pay the filing fee and/or advance deposit.

(e) The request for administrative hearing shall be deemed filed on the date received by the Office of the County Hearing Officer.

(f) The failure to request an administrative hearing or of the Requesting Party to appear at the administrative hearing shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies as a condition precedent to judicially challenge the existence of the violations and/or the amount of the administrative fine.

(Ord. No. NS-300.967, § 31, 11-15-22)

(a) After receiving a timely hearing request pursuant to Section A37-10, the Office of the County Hearing Officer shall notify the Issuing Department as soon as practicable and shall then schedule an administrative hearing.

(b) The Office of the County Hearing Officer shall provide the Responsible Party and the Issuing Department at least 14 calendar days' written notice of the date, time, and place of the administrative hearing and the name of the Hearing Officer who will conduct the hearing. The notice shall be given to the Responsible Party either by email, if requested, or by first class mail, postage prepaid.

(c) No later than three calendar days before the administrative hearing, the Issuing Department and the Responsible Party:

(1) May submit simultaneous written submissions regarding the subject of the administrative appeal; and

(2) Must submit lists of prospective witnesses that may be called at the administrative hearing.

(d) Hearings shall be conducted by the Hearing Officer on the date, time, and place specified in the notice provided to the Responsible Party. A request to continue the hearing may be made by either side by a written request to the Office of the County Hearing Officer no later than two calendar days prior to the hearing date. The Hearing Officer may, in their discretion, grant a continuance of the hearing date upon a showing of good cause by the requesting party.

(e) The Responsible Party shall be deemed to have withdrawn and abandoned their request for a hearing and failed to exhaust administrative remedies if the Responsible Party fails to appear at the hearing, and no request for a continuance has been made.

(f) If the County and the Responsible Party execute a compliance agreement or settlement agreement regarding the matter at issue either prior to or during the hearing, the execution of that agreement shall deprive the Hearing Officer of jurisdiction over the matter, and the Hearing Officer shall immediately cancel the hearing. If a settlement agreement is executed after the hearing but before issuance of the Hearing Officer's decision, the execution of the settlement agreement shall deprive the Hearing Officer of jurisdiction to issue a decision. The Issuing Department or Responsible Party must inform the Hearing Officer of a settlement via a written communication with a copy to the other party, or during the hearing while the other party is present.

(g) Between the Responsible Party's submission of the hearing request form and the Hearing Officer's issuance of a decision, the Responsible Party, the Issuing Department, and each of their representatives shall not engage in ex parte communications with the Office of the County Hearing Officer or the assigned Hearing Officer about matters at issue in the hearing.

(h) The standard of proof shall be a preponderance of the evidence and the County bears the burden of proof to establish the existence of the violation, if placed in dispute by the notice of appeal. The Responsible Party shall bear the burden of proof on all other matters within the Hearing Officer's jurisdiction, including a challenge to the amount of fines imposed for violations that the County has established by a preponderance of the evidence.

(i) The notice of violation, notice of recordation of notice of violation, the Issuing Department's written determination in any Departmental review, and any other reports, notices, or written determinations prepared by or for the Enforcement Officer or the Issuing Department concerning the Code violation, shall be admissible and accepted by the Hearing Officer as prima facie evidence of the Code violation and the facts stated in those documents. The Enforcement Officer may attend the hearing but is not required to do so.

(j) The Responsible Party and County shall have the opportunity to present evidence, including witnesses, relevant to the Hearing Officers determination of the matter.

(k) In determining the appropriate administrative fine, if applicable, the Hearing Officer may consider the factors described in Section A37-6(d).

(l) The Hearing Officer may continue the hearing from time to time, in their discretion, to allow for its orderly completion. After receiving all of the evidence submitted at the hearing, the Hearing Officer may further continue the hearing and request additional information from either the Enforcement Officer or the Responsible Party, or may close the hearing.

(m) After considering all the evidence and testimony submitted at the hearing, along with any written submissions filed before the hearing, the Hearing Officer shall issue a written decision regarding the matters raised in the request for administrative hearing. The written decision shall:

(1) Include a statement of the reasons for the decision.

(2) Be issued within a reasonable period of time after the close of the hearing, but not later than 60 days, unless otherwise provided by this Code or state or federal law.

(3) Set forth a payment schedule of no longer than one year for payment of the fine imposed, if a request for waiver or reduction of the administrative fine is made and granted.

(n) The Office of the County Hearing Officer shall serve the written decision on both the Issuing Department and the Responsible Party. The decision shall be served on the Responsible Party either by email (if requested) or by first-class mail, postage prepaid.

(o) If the Hearing Officer determines that a challenged violation does not exist, that fines should not be imposed, or that the fine amount should be reduced, the Office of the County Hearing Officer shall promptly refund to the Responsible Party the filing fee and any amount of the advance deposit the Issuing Department is not entitled to and shall provide the remainder to the Issuing Department.

(p) The Hearing Officer's written decision shall constitute the final administrative decision of the County.

(Ord. No. NS-300.967, § 31, 11-15-22)

(a) If the matter involves an administrative fine, an aggrieved Responsible Party or the County may seek judicial review of the Hearing Officer's written decision by filing an appeal with the Superior Court in accordance with the time periods, procedures, and other requirements set forth in Government Code Section 53069.4, or by filing a petition for writ of mandate with the Superior Court in accordance with the time periods, procedures and other requirements set forth in Code of Civil Procedure Sections 1094.5 and 1094.6.

(c) If the matter does not involve an administrative fine, an aggrieved Responsible Party or department may seek judicial review of the Hearing Officer's written decision by filing a petition for writ of mandate with the Superior Court in accordance with the time periods, procedures and other requirements set forth in Code of Civil Procedure Sections 1094.5 and 1094.6.

(c) If judicial review of the Hearing Officer's written decision is not sought within the time period set forth in either Code of Civil Procedure section 1094.6 or Government Code section 53069.4, as appropriate, the Hearing Officer's decision shall be deemed final.

(Ord. No. NS-300.967, § 31, 11-15-22)

Interest at the legal rate shall accrue on any unpaid administrative fines, costs, and fees. The County may collect any past-due charges by use of all available legal means.

(Ord. No. NS-300.967, § 31, 11-15-22)

All administrative fines and civil penalties received by the County under this Division shall be placed in a special revenue account for County code-enforcement purposes. This account shall be used to defray the County's unreimbursed costs for enforcement of its laws, community programs designed to abate or discourage violations, the summary abatement of public nuisances, and costs related to County administrative hearings.

(Ord. No. NS-300.967, § 31, 11-15-22)