Shasta County Municipal Code Ch. 1.12 Enforcement

A. All county officers, commissions, boards, departments and employees vested with the duty or authority to issue or approve permits, licenses or other entitlements shall do so subject to the requirements of this code. No permit, license or other entitlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this code. Any permit, license or other entitlement issued in conflict with any provision of this code is null and void as of the date of issuance or approval.

B. Nothing in this code shall be deemed or construed to conflict with any provision of state law that authorizes or requires any county officer to enforce or administer any regulatory or prohibitory provision of state law or local ordinances.

(Prior code § 60)

A. Every person designated as an enforcing officer for any provision of this code shall, as of the effective date of the designation, commence enforcement of those matters entrusted to the officer's administration.

B. Whenever the duties of any enforcing officer are changed, whether by addition, deletion or amendment, the change takes effect upon the operative date established by the board of supervisors. In the case of a change enacted by ordinance, the change takes effect on the effective date of the ordinance, unless the ordinance establishes a different operative date.

(Prior code § 61)

A. Every enforcing officer may use administrative processes such as notices of noncompliance, warning letters, stop orders, or cease and desist orders in lieu of or prior to enforcing any provision of this code if the officer determines that the process may result in compliance with this code at less expense to the county.

B. Pursuant to Penal Code Sections 19.6—19.8 and the provisions of section 836.5 and Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite any person for violation of this code whenever the officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this code.

C. Any enforcing officer may enter and inspect, during reasonable times, all buildings, mobile homes, structures or premises whenever necessary to determine compliance with, or inspect for a violation of any provision of this code and any related rules, regulations or orders that the enforcing officers or the county has power to enforce. When necessary and with the prior approval of the district attorney or county counsel, an enforcing officer may apply to the superior court for an inspection warrant.

D. Every enforcing officer is authorized to appear as a complaining witness in any criminal proceeding brought for an alleged violation of this code and in every administrative or civil proceeding brought to abate any violation of this code or to enjoin any present or future violation of this code.

E. The district attorney or county counsel may, and when so directed by the board of supervisors shall, bring any appropriate civil action or proceeding to enforce the provisions of this code or to correct, abate, prevent or enjoin any violation of this code or any other public nuisance.

(Prior code § 62)

(Ord. No. 2017-09, § I, 12-5-2017)

A. Any violation of any regulatory or prohibitory provision of this code may be abated in the manner provided by law.

B. Any violation or threatened violation of any regulatory or prohibitory provision of this code may be enjoined in any judicial action or proceeding brought to enforce that provision.

C. Whenever any action, administrative proceeding or special proceeding is brought to abate or enjoin any violation of this code, the county may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating and prosecuting the violation.

D. Whenever any action, administrative proceeding, or special proceeding is brought to abate or enjoin any violation of this code, and the county notifies the person(s) against whom the action or proceeding has commenced of its election to seek recovery of attorney's fees, with such notice provided in writing at the time the action or proceeding has been commenced, the prevailing party shall be entitled to recover attorney's fees. The amount of any award of attorney's fees to a prevailing party pursuant to this section shall not exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding.

(Ord. 97-5 § 1(part), 1997: prior code § 71)

A. Establishing administrative fines or penalties.

1. Unless otherwise expressly provided for in this code, any person who violates any regulatory or prohibitory provision of this code is liable for an administrative penalty for each offense which shall not exceed the amount that could be imposed as a fine in a criminal prosecution for that offense if it was determined to be a misdemeanor. Such an administrative penalty may be assessed and recovered in a civil or administrative action to abate or enjoin a violation of this code.

2. The following shall be applicable to violations of Shasta County Code Section 17.88.320 (Cannabis Cultivation).

a. Any person who violates any provision of Section 17.88.320 of this code is liable for an administrative penalty of up to ten thousand dollars, per day and per violation. Such an administrative penalty may be assessed and recovered in a civil or administrative action to abate or enjoin a violation of this code.

b. Any person who commits a repeat violation of any provision of Section 17.88.320 of this code is liable for an administrative penalty of up to twenty thousand dollars, per day and per violation. Such an administrative penalty may be assessed and recovered in a civil or administrative action to abate or enjoin a violation of this code.

c. "Repeat violation" is a violation where the person has been subject to action by the county to abate or impose fines or penalties on an earlier violation and, upon later inspection, the county finds a violation of any provision of Section 17.88.320 within a period of one year immediately following the latest of (1) the final order affirming the existence of the previous violation, or (2) the date on which the determination of the existence of the previous violation became final by operation of law.

3. In determining the amount of an administrative fine or penalty, the following factors shall be considered:

a. The nature, circumstance, extent, and gravity of the violation.

b. Whether the violation is susceptible to restoration or other remedial measures.

c. The sensitivity of the resources affected by the violation.

d. The cost to the county of bringing the action.

e. With respect to the violator, any voluntary restoration or remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and such other matters as justice may require.

B. Any person who violates any regulatory or prohibitory provision of this code is liable for an administrative fine or penalty.

1. Each designated enforcement officer, or the hearing officer or decision-making body where applicable, shall be authorized to impose an administrative fine or penalty pursuant to this section for each violation. For ongoing or reoccurring violations, such a fine or penalty may be imposed for each day of violation.

2. Where the violation would otherwise be an infraction, the fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 of the California Government Code.

3. In imposing a fine or penalty, the enforcing officer, or an authorized designee, shall inform the person determined to be responsible for the code violation and the owner or possessor of the property on which the violation exists if other than the person determined to be responsible, by written notice delivered by U.S. mail or personally, of the alleged violations and resulting administrative fine or penalty amount. Except as otherwise provided by this code or other applicable law, the person determined to be responsible for the code violation, the owner of the property, and the possessor of the property, shall each be jointly and severally liable and responsible for any and all fines or penalties imposed.

4. Opportunity to correct or remedy.

a. If a violation is of a continuing or ongoing nature, and if the violation pertains to building, plumbing, electrical, sewage disposal or other similar structural environmental health or zoning issues that the enforcing officer determines will not create an immediate danger to health or safety, the written notice shall specify a reasonable period of time of at least five calendar days, and as determined by the enforcing officer, to correct or otherwise remedy the violation prior to the imposition of the fine or penalty.

b. Notwithstanding Section 1.12.050.B.4.a of this code, and except as provided in Section 1.12.050.B.4.c of this code, administrative fines or penalties shall be imposed immediately for the violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis as established in Section 17.88.320 of this code.

c. The provisions of Section 1.12.050.B.4.a of this code shall apply to the imposition of administrative fines or penalties against owners of properties for the violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis as established in Section 17.88.320 of this code, if all of the following are true:

i. A tenant or person other than the owner of the property is in possession of the property that is the subject of the administrative action.

ii. The property owner or his/her agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis or that the person responsible for the violation is in possession of the property without the permission of the owner.

iii. The property owner or his/her agent did not know the tenant or person was illegally cultivating cannabis and no complaint, property inspection, or other information caused the property owner or agent to have actual notice of the illegal cannabis cultivation.

If all of the foregoing requirements are not satisfied, then such fines or penalties shall be imposed immediately against owners of properties as provided in Section 1.12.050.B.4.b of this code.

Section 1.12.050.B.4.c of this code shall apply only to owners of properties and shall not apply to the immediate imposition of such administrative fines or penalties against tenants or other persons in possession of the property or other persons determined to be responsible for the code violation.

5. Any party who has been fined or penalized pursuant to this section may request administrative review of the decision imposing the fine or penalty. This shall be done in accordance with the applicable appeal provisions of this code addressing the specific enforcement issue(s) presented, which shall be summarized in the notice of violation and fine. If there is no specific code provision addressing appeal from an adverse enforcement officer, hearing officer or decision-making body determination, and a final administrative order or decision concerning imposition of the fine or penalty has been made, the person contesting that order or decision may seek judicial review pursuant to Government Code Section 53069.4, subdivision (b).

6. Upon the issuance of a final administrative order or decision, and following any decision on appeal pursuant to subsection B.5 of this section confirming that order or decision, if the fine or penalty has not been deposited with the county, the board of supervisors may proceed to collect the fine or penalty by ordering that a lien be imposed on the responsible person's real property and the lien shall be recorded with the Shasta County Recorder's Office.

a. Recordation of a notice of lien under this section has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the board of supervisors, or any county officer authorized by the board of supervisors to act on its behalf, a lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

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

c. Prior to recording any such lien, the enforcing officer, with the concurrence of the clerk of the board of supervisors, will fix a time, date, and place for the board of supervisors to consider the imposition of a lien and any protests or objections to it.

d. The enforcing officer shall serve the record owner(s) of the property with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent administrative fines or penalty that is due. Notice must be delivered by first class mail, postage prepaid, addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known. Service by mail is effective on the date of mailing and failure of owner(s) to actually receive notice does not affect its validity.

e. Any person whose real property is subject to a lien pursuant to this section may file a written protest with the clerk of the board of supervisors and/or may protest orally at the board of supervisors meeting. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

f. At the conclusion of the consideration of the matter by the board of supervisors, the board of supervisors may adopt a resolution confirming, discharging, or modifying the lien amount, or may take other action as the board of supervisors may deem appropriate.

g. The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. When the county notifies the person(s) against whom the action or proceeding has commenced of its election to seek recovery of attorney's fees, with such notice provided in writing at the time the action or proceeding has been commenced, the prevailing party shall be entitled to recover attorney's fees. The amount of any award of attorney's fees to a prevailing party pursuant to this section shall not exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding.

h. Once the county receives full payment for all amounts due, or a compromise amount has been agreed to and accepted as provided under the Shasta County Code, the enforcing officer will either record a notice of satisfaction or provide the owner with a notice of satisfaction for recordation at the Shasta County Recorder's Office. Upon recordation, this notice of satisfaction will cancel the county's lien under this section.

(Ord. 97-5 § 1 (part), 1997: prior code § 72)

(Ord. No. 2017-04, § I, 9-16-2017; Ord. No. 2017-09, § II, 12-5-2017; Ord. No. 2021-03, §§ II—IV, 8-24-2021)

A. The board of supervisors of the county of Shasta hereby finds and declares the following:

1. The county of Shasta from time to time imposes administrative fines and penalties pursuant to Chapter 1.12 of the Shasta County Code. Where the term "civil penalty" or "civil penalties" is used in Chapter 1.12, it shall be construed as synonymous with administrative fines and penalties.

2. Establishment of a program under which the amount of administrative fines and penalties imposed in specific cases may be compromised for good cause, and under which periodic payment plans for such civil penalties may be established, will facilitate overall collection of such fines and penalties, reduce the need to enforce such civil penalties through the legal action or real property liens, and provide incentives for future compliance.

3. Such compromised amounts and periodic payments plans, where approved in accordance with the program established herein, thereby serve a public purpose of the county of Shasta.

4. The enforcement and collection program established hereunder is authorized by Government Code sections 949 and 53069.4, subdivision (a)(1).

B. The enforcing officer may, in his/her sole and exclusive discretion, compromise the amount of any administrative civil penalty duly proposed or imposed pursuant to Chapter 1.12 of the Shasta County Code, subject to the following conditions:

1. When determining whether to compromise any civil penalty amount hereunder, the enforcing officer may take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, the financial burden to the person(s) upon whom the civil penalty has been imposed, the degree to which the proposed compromise will facilitate collection of the civil penalties without the need for legal action or imposition and foreclosure of property liens, and any other matters justice may require.

2. Any compromise in excess of fifty percent of the full amount of the proposed or imposed civil penalty or fine shall require approval of the board of supervisors.

3. The compromise shall be subject to any terms and conditions prescribed by the enforcing officer, which may include, without limitation, a condition requiring that the subject property and all responsible parties remain free of any additional violations for a specified period of time.

4. Any person accepting a compromised civil penalty hereunder shall be required to execute a settlement agreement in a form approved by the county counsel.

5. If the civil penalty has been made a lien upon real property in accordance with any Shasta County Code, the enforcing officer may either record or provide a notice of satisfaction upon payment in full of the compromised amount approved hereunder.

6. The enforcing officer shall make an annual public report to the board of supervisors regarding any civil penalties compromised under this section.

C. The enforcing officer may, with or without compromising the civil penalty amount, approve the payment of any civil penalty or fine duly proposed or imposed pursuant the Shasta County Code through a periodic payment plan. Approval of such payment plans shall be within the sole and exclusive discretion of the enforcing officer and the terms and conditions of such payment plan shall be established by the enforcing officer in each case. Any person entering into a periodic payment plan hereunder shall be required to execute a settlement agreement in a form approved by the county counsel. The enforcing officer may record a lien against the real property on which the violation occurred for the full amount due under the periodic payment plan, pursuant to the Shasta County Code, as applicable, provided that such lien shall not be enforced through foreclosure and sale of the real property absent a default under the payment plan.

D. Approval of any compromise and payment plan under this chapter shall be within the sole and exclusive discretion of the enforcing officer and the enforcing officer, may refuse a compromise or payment plan even if the criteria set forth in this chapter are satisfied. This chapter does not grant any person the right to have the amount of penalties compromised or deferred under any circumstances or establish any mandatory duty of any nature, and shall not be construed to give rise to any administrative appeal, cause of action, right, or remedy against the County of Shasta or any officer or employee thereof.

E. A compromise or periodic payment plan approved under this chapter does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the compromise or payment plan. The compromise or payment plan does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

(Ord. No. 2017-10, § I, 12-5-2017)

A. Unless otherwise expressly provided in this code, the remedies provided in this chapter are cumulative and not exclusive.

B. Nothing in this division is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to summarily abate any nuisance.

C. Nothing in this division bars any legal, equitable, administrative or summary remedy to which any aggrieved person of the county or any of its officers may otherwise be entitled.

(Prior code § 73)