Sierra County Municipal Code Ch. 1.18 Issuance and Recordation of Notices of Violation

This chapter shall govern the procedures relating to the issuance of notices to abate violations and recordation of administrative notices of violation. (Reference is to Cal. Gov’t. Code § 25845.) (Ord. 1054, eff. 8/21/14)

The Board of Supervisors finds that there is a need for alternative methods of enforcement for violations of the County Code and applicable state codes which are found to exist on real property. The Board further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of a notice of violation. The procedures established in this chapter shall be in addition to criminal, civil or any other remedy established by law which may be pursued in order to address violations of the Sierra County Code or applicable state codes. (Ord. 1054, eff. 8/21/14)

Whenever the Building Official, Planning Director or other official designated to enforce provisions of the Sierra County Code or state law that pertain to the use and/or development of real property (hereinafter collectively referred to as the “enforcement official”) determines that a violation of the Sierra County Code or applicable state law pertaining to real property exists, the enforcement official may issue a notice to abate violation to the property owner and/or occupant(s), hereinafter collectively referred to as the “responsible person.” Notice to abate violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of the Sierra County Code or applicable state law, and actions necessary to correct the violations.

The notice to abate violation shall include the following information:

A. The name of the property’s record owner;

B. Street address;

C. The law or code sections in violation;

D. A description of the property’s condition which violates the applicable codes;

E. A list of necessary corrections to bring the property into compliance;

F. A reasonable deadline or specific date to correct the violations listed in the notice of violation;

G. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future county permits;

H. A brief description of the procedure to appeal the notice to abate violation including time limitations. (Ord. 1054, eff. 8/21/14)

A. Whenever the enforcement official has issued a notice to abate violation and the property remains in violation after the deadline established in the notice to abate violation, the enforcement official shall issue to the responsible person a notice of intent to record a notice of violation. The notice of intent shall include a copy of the notice to abate violation and shall advise of the intent to record the notice of violation in accordance with the provisions of this chapter unless the matter is timely appealed and a determination made by the Board of Supervisors that the alleged violations do not exist and the notice to abate violation is not legally justified.

B. The notice of intent shall be served by personal service, or certified mail, return receipt requested, or by posting the notice conspicuously on or in front of the property, together with service by regular mail. The notice of intent shall also be served on the property owner if the property owner is not the person or persons occupying the property. The enforcement official may, but shall not be obligated to, send a courtesy copy of the notice of intent to any financial institution with a legal interest in the real property.

C. The responsible person and/or property owner may, within 15 calendar days of the date of service of a notice of intent to record a notice of violation, file a written appeal to contest the recording of a notice of violation pursuant to the procedures outlined in this chapter. The appeal shall be filed with the County Clerk on the form provided by the County Clerk and must be received by the County Clerk within said 15 calendar day period.

D. Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in this chapter. The purpose of the hearing is to address whether violations of the Sierra County Code or state law are reasonably shown to exist on the subject property so as to justify the issuance and recording of a notice of violation.

E. The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.

F. If an appeal is not timely filed contesting intent to record a notice of violation, then the enforcement official may proceed with the recording of the notice of violation. (Ord. 1054, eff. 8/21/14)

A. The appeal with regard to the recording of a notice of violation shall be heard by the Board of Supervisors and shall be informal in nature. Formal rules of evidence and discovery will not apply. The county bears the burden of proof at the appeal hearing to establish the existence of a violation of the Sierra County Code or applicable state laws, or to establish the existence of a public nuisance. The standard of proof in deciding the issues at the appeal hearing is a preponderance of the evidence standard. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

B. At the appeal hearing, the Board shall only receive and consider evidence that is relevant to the following issues:

1. Whether the conditions listed in the notice to abate violation violate the Sierra County Code or applicable state law; and

2. Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this chapter.

3. If the Board affirms the enforcement official’s decision, the enforcement official may proceed to record the notice of violation.

4. If the Board determines that alleged violations of the Sierra County Code or state law are not reasonably established, the Board shall reverse the enforcement official’s decision to record the notice of violation.

C. Any person against whom a notice of violation has been recorded may obtain review of the order by filing a petition for writ of mandate with the Sierra County Superior Court in accordance with the timelines and procedures set forth in Cal. Civ. Proc. Code § 1094.5. (Ord. 1054, eff. 8/21/14)

A. Once the enforcement official has issued a notice to abate violation to a responsible person and the property remains in violation after the deadline established in the notice to abate violation, the enforcement official may record a notice of violation with the County Recorder’s Office; provided, that prior to recording a notice of violation, the enforcement official has issued to the responsible person a notice of intent to record a notice of violation and the right to an administrative appeal as established by this chapter has been exhausted.

B. The recorded notice of violation shall include the name of the property owner, the property’s Assessor’s parcel number, the parcel’s legal description, and a copy of the notice of violation. (Ord. 1054, eff. 8/21/14)

A copy of the recorded notice of violation shall be served on the responsible person and property owner by personal service; or certified mail, return receipt requested, or posting the notice conspicuously on or in front of the property, together with service by regular mail. (Ord. 1054, eff. 8/21/14)

A. After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a re-inspection of the property to determine compliance with the County Code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the county.

B. Once the enforcement official receives this request, the enforcement official shall re-inspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.

C. The enforcement official shall serve a notice of compliance to the responsible person or property owner by personal service, or certified mail, return receipt requested, or posting the notice conspicuously on or in front of the property, together with service by regular mail if the enforcement official determines that:

1. All violations listed in the recorded notice of violation have been corrected; and

2. All necessary permits have been issued and finalized; and

3. All civil penalties assessed against the property have been paid; and

4. The party requesting the notice of compliance has paid an administrative fee to reimburse the county for any administrative costs that were assessed.

D. If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by personal service, or certified mail postage, return receipt requested, or posting the notice conspicuously on or in front of the property, together with service by regular mail.

E. The enforcement official’s decision denying a request to issue a notice of compliance may be appealed in the same manner and following the same procedures as set out in SCC 1.18.050; provided, however, that the applicant shall bear the burden of proof to show that any violations on the property have been fully and properly abated. (Ord. 1054, eff. 8/21/14)

Subject to the exception set forth herein, the county shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: (1) if a request to appeal the recordation of a notice of violation has not been timely filed; or (2) after a hearing officer on appeal affirms the enforcement official’s decision to record a notice of violation. The county may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. The county may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations. (Ord. 1054, eff. 8/21/14)

The enforcement official, property owner or responsible person shall record the notice of compliance with the County Recorder’s Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation. (Ord. 1054, eff. 8/21/14)

A. The owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the county which administrative fees shall be assessed to recover costs incurred in the investigation, inspection, re-inspection, title search, appeal hearing and any other costs incurred by the county, including, but not limited to, all costs incurred in the physical abatement of the nuisance associated with the violations specified on the notice of violation. If the owner fails to pay the costs of the abatement upon demand by the county, the Board of Supervisors may order the cost of the abatement 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.

B. If the Board of Supervisors specially assesses the cost of the abatement against the parcel, the Board may also 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 of Supervisors 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.

C. However, if the Board of Supervisors does not cause the recordation of a notice of abatement lien pursuant to subsection (B) of this section, and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrancer for value has been created and attaches to that property prior to the date on which the first installment of county taxes would become delinquent, then the cost of abatement shall not result in a lien against that real property but shall be transferred to the unsecured roll for collection.

D. Recordation of a notice of abatement lien pursuant to subsection (B) of this section has the same effect as recordation of an abstract of a money judgment recorded pursuant to California Code of Civil Procedure, Title 9, Division 2, Part 2, Chapter 2, Article 2 (commencing with Cal. Civ. Proc. Code § 697.310). 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, an abatement 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. (Ord. 1054, eff. 8/21/14)