Sierra County Municipal Code Art. V Enforcement and Penalties

The Solid Waste Administrator 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 Solid Waste Administrator is hereby authorized to enforce and secure compliance with the provisions of this chapter. The Solid Waste Administrator may request, and shall receive, the assistance and cooperation of other officials of the county to assist in the discharge of these duties. (Ord. 844, eff. 10/1/96)

Pursuant to Cal. Penal Code § 830.12, there is hereby created the position of litter control officer, which position shall be filled as specified below in this section, by one or more individuals as the Board of Supervisors may from time to time appoint by resolution.

A. Authority. The authority of duly appointed litter control officers shall be as specified in Penal Code § 830.12 to issue citations involving violations of this chapter and laws pertaining to littering and abandoned vehicles.

B. Eligibility for Appointment. To be eligible for appointment to the position of litter control officer, an individual shall be:

1. Approved by the Sierra County Sheriff and the Director of Public Works at the latter’s sole discretion respectively;

2. Have satisfactorily completed an approximately 24-hour course of study as specified by the Sierra County Sheriff drawn in whole or in part from the law enforcement curriculum provided in Penal Code §832.

C. Appointment. Applicants for the position of litter control officer who meet the eligibility requirements set forth in subsection (B) of this section shall become litter control officers upon appointment by the Board of Supervisors and shall serve in that capacity at the will and pleasure of the Board of Supervisors.

D. Implementation. The further implementation of the Litter Control Program shall be as set forth by administrative regulation of the Sierra County Department of Public Works, the Sierra County Sheriff and/or resolution of the Board of Supervisors. (Ord. 844, eff. 10/1/96)

A Litter Control Officer shall have the authority to issue citations to persons violating the provisions of this chapter. The citation shall state a time and date and place at which the person shall appear in court in order to answer the charges stated in the citation. (Ord. 844, eff. 10/1/96)

Notwithstanding the provisions of Cal. Penal Code § 853.5, the Litter Control Officer shall not attempt to take anyone into custody for refusing to sign a citation. In such cases, the Litter Control Officer shall seek the issuance of an arrest warrant from the appropriate court for any such person. Upon the issuance of an arrest warrant, the Litter Control Officer shall present the warrant to the Sheriff, who shall serve same and shall take the violator into custody. (Ord. 844, eff. 10/1/96)

The Solid Waste Administrator, Litter Control Officer or any other person acting under authorization of the Solid Waste Administrator, if acting in good faith and within the course and scope of his or her 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 Solid Waste Administrator and/or Litter Control Officer 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 chapter shall be defended by Sierra County. (Ord. 844, eff. 10/1/96)

If unable to otherwise enforce the terms of this chapter, the Solid Waste Administrator shall refer the matter to the District Attorney and/or the County Counsel of Sierra 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 Solid Waste Administrator, 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 Solid Waste Administrator, 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. 844, eff. 10/1/96)

A. Any person, whether acting as principal, agent, employee, or otherwise who willfully and/or persistently violates any provision of this chapter shall be liable for civil penalties not to exceed $5,000 for each day the violation continues to exist.

B. Any person, whether as principal, agent, employee, or otherwise, who willfully and/or persistently violates any provision of this chapter shall further be liable to Sierra County, to any other public entity and/or to any third party who is directly damaged as the result of any violation, for the cost incurred and the damages suffered 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.

D. Any person who disposes of any toxic or hazardous material or any solid waste that is inappropriate for disposal of in the county’s landfill or through the county’s solid waste disposal system shall be liable to the county and/or to any other party or entity who issues any injury or expense, including but not limited to the cost of cleanup. (Ord. 844, eff. 10/1/96)

A. Except where other penalties are provided for by law for the illegal disposal of hazardous and/or toxic materials, 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 $100.00 for a first violation; (2) a fine not exceeding $200.00 for a second violation of the same provision within one year; and (3) a fine not exceeding $500.00 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 12-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 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be a fine of not less than $500.00, nor more than $1,000, or imprisonment in the county jail for a period not to exceed 60 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 $1,000, nor more than $25,000, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 844, eff. 10/1/96)

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. 844, eff. 10/1/96)

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. 844, eff. 10/1/96)

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 chapter. The intent of this section is to recoup administrative costs reasonably related to enforcement.

B. The Solid Waste Administrator and all litter control officers shall maintain records 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 by resolution.

C. Upon investigation and a determination that a violation of any of the provisions of this chapter is found to exist, the Solid Waste Administrator or any person authorized by the Solid Waste Administrator 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 Solid Waste Administrator’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 Solid Waste Administrator 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 Solid Waste Administrator within 10 days after service of the summary of charges.

Dated: ___________________________ Solid Waste Administrator

By:

D. At the conclusion of the case, the Solid Waste Administrator 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 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.

Dated: ___________________________ Solid Waste Administrator

By:

E. In the event that no request for hearing is timely filed, or after a hearing the Solid Waste Administrator 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 Solid Waste Administrator. These costs shall be recoverable in a civil action in the name of the county and thereafter shall become a lien against your real and personal property.

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 Solid Waste Administrator 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 Solid Waste Administrator within 10 days of the service by mail of the Solid Waste Administrator’s summary of costs on a form provided by the Solid Waste Administrator.

2. Within 30 days of the filing of the request, and on 10 days’ written notice to the owner, the Solid Waste Administrator shall hold a hearing on the owner’s objections and determine the validity thereof.

3. In determining the validity of the costs, the Solid Waste Administrator 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 Solid Waste Administrator’s decision shall be appealable pursuant to Sierra County solid waste appeals procedure.

G. Whenever the Board of Supervisors deems it appropriate to do so, the Board may appoint such other official or person to conduct the hearings provided for by this chapter in lieu of having the Solid Waste Administrator conduct same. (Ord. 844, eff. 10/1/96)

In addition to any other remedy or power reserved to the county under the provisions of this chapter, the county may suspend, revoke, amend or terminate a solid waste license, permit, or contract for noncompliance with the provisions of this chapter, or any other action by the collector which adversely affects or could adversely affect the public health and welfare in accordance with the following procedures:

A. The County Health Officer and/or Solid Waste Administrator shall submit a report concerning any violations to the Board of Supervisors with a request for a hearing. Upon receipt of any such report the Board shall hold a public hearing on whether the license, permit, or contract should be revoked and/or the bond or bonds of the collector forfeited.

The public hearing shall be held after at least 30 days’ written notice to the collector setting forth the charges of the Health Officer and/or the Solid Waste Administrator 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. The Board may require the collector to provide such records or other documentation that is deemed to be relevant and may require the collector and any employees or other persons to testify, and may, if deemed necessary, issue subpoena for such purposes. At the conclusion of the hearing the Board may terminate the permit, license, or contract and forfeit any bond or bonds provided thereunder. The decision of the Board in this matter shall be final, unless appealed to a court in accordance with the provisions of Cal. Civ. Proc. Code §§ 1094.5 et seq., within 30 days of the conclusion of the Board’s decision.

B. In the event the collector shall at any time during the term of permit, license, 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 license, permit or contract and all rights and privileges of the collector thereunder should be revoked and/or the bond or bonds of the collector forfeited.

C. A collector shall not assign or transfer his or her interest in any permit, license, 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 permit, license, or contract, any changes in more than 50 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 50 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 permit, license, or contract without the permission of the Board, the Board shall hold a public hearing on whether the permit, license, or contract and all rights and privileges of the collector thereunder should be revoked and/or the bond or bonds of the collector forfeited. (Ord. 880, eff. 3/4/99; Ord. 844, eff. 10/1/96)