Article 1 — General Provisions

Sec. 10-10.101. - Title and scope.

These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter "building codes," consisting of Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes, shall be known as the Floodplain Management Regulations of the County of Siskiyou (hereinafter "these regulations"). These regulations shall apply in all unincorporated areas of the county and shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.102. - Statutory authority.

The Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, as set forth herein and as otherwise allowed by law, the Board does ordain as set forth in this chapter.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.103. - Purposes and objectives.

The purposes and objectives of these regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

(1)

Prevent unnecessary disruption of commerce, access and public service during times of flooding.

(2)

Require the use of appropriate construction practices in order to prevent or minimize future flood damage.

(3)

Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain.

(4)

Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.

(5)

Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

(6)

Contribute to improved construction techniques in the floodplain.

(7)

Minimize damage to public and private facilities and utilities.

(8)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

(9)

Minimize the need for rescue and relief efforts associated with flooding.

(10)

Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

(11)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

(12)

Meet the requirements of the National Flood Insurance Program for County participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.104. - Coordination with California Building Standards Code.

Pursuant to the requirement established by state law that the County of Siskiyou administer and enforce the California Building Standards Code, the Board of Supervisors of the County of Siskiyou hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.105. - Warning.

The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. Enforcement of these regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be

revised by the Federal Emergency Management Agency, requiring the County to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guarantee of vested use, existing use, or future use is implied or expressed by compliance with these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

These regulations shall not create liability on the part of the County of Siskiyou, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the County in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered personally liable and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by the County until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.107. - Other laws.

The provisions of these regulations shall not be deemed to nullify any provisions of local, State or federal law.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.108. - Abrogation and greater restrictions.

These regulations supersede any other floodplain ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.

(Ord. No. 25-07, § I, 10-21-2025)

Article 2. - Applicability

Sec. 10-10.201. - General applicability.

These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; filling, grading and other site improvements; installation of utilities; placement and replacement of manufactured homes;

placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.202. - Establishment of flood hazard areas.

The Flood Insurance Study (FIS) for the County of Siskiyou, California and Incorporated Areas, dated January 19, 2011, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRMs), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as part of these regulations and serve as the basis for establishing flood hazard areas as amended by subsequently issued Letters of Map Change (LOMAs, LOMR-Fs, LOMRs). Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the Siskiyou County Community Development Department.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.203. - Interpretation.

In the interpretation and application of these regulations, all provisions shall be:

(1)

Considered as minimum requirements.

(2)

Liberally construed in favor of the governing body.

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 25-07, § I, 10-21-2025)

Article 3. - Duties and Powers of the Floodplain Administrator

Sec. 10-10.301. - Designation of floodplain administrator.

The Director of the Siskiyou County Building Department, or their designee, is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

(Ord. No. 25-07, § I, 10-21-2025)

The Floodplain Administrator is authorized and directed to administer and enforce the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 7. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 10-10.305 of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

The duties of the Floodplain Administrator shall include, but are not limited to:

(1)

Review all permit applications and plans to determine whether proposed development is located in flood hazard areas established in Section 10-10.202 of these regulations.

(2)

Review all applications and plans for development in flood hazard areas for compliance with these regulations.

(3)

Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by these regulations and the building code to determine that such certifications and documentations are complete.

(4)

Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.

(5)

Require development and improvement in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods and practices that minimize flood damage.

(6)

Require that all new construction and substantial improvements be constructed with materials resistant to flood damage.

(7)

Interpret flood hazard area boundaries, provide available flood elevation and flood hazard information.

(8)

Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.

(9)

Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile Home Installations when submitted by applicants.

(10)

Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 7 of these regulations.

(11)

Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

(12)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six (6) months of such data becoming available.

(13)

Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

(14)

Inspect development within the scope of Section 10-10.201 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.

(15)

Prepare comments and recommendations for consideration when applicants seek variances in accordance with Article 7 of these regulations.

(16)

Cite violations in accordance with Article 8 of these regulations.

(17)

Notify FEMA when the corporate boundaries of the County of Siskiyou have been modified and provide a map and legal description of the changes in the corporate boundaries.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.305. - Substantial improvement and substantial damage determinations.

For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

(1)

Estimate the market value or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

(2)

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

(4)

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.306. - Department records.

In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent jurisdictions, FEMA, and the

udies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent jurisdictions, FEMA, and the

State related to alterations of watercourses; where BFE data are utilized in Zone A, obtain and maintain records of the lowest floor and floodproofing elevations for new and substantially improved construction; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

(Ord. No. 25-07, § I, 10-21-2025)

Article 4. - Permits for Floodplain Development

Sec. 10-10.401. - Permits required.

Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.402. - Application for permit.

The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:

(1)

Identify and describe the development to be covered by the permit.

(2)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.

(3)

Indicate the use and occupancy for which the proposed development is intended.

(4)

Be accompanied by a site plan and construction documents as specified in Article 5 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.

(5)

State the valuation of the proposed work.

(6)

Be signed by the applicant or the applicant's authorized agent.

(7)

Include such other data and information required by the Floodplain Administrator to demonstrate compliance with these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.403. - Validity of permit.

The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other county ordinance. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.404. - Other permits required.

The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation to the Floodplain Administrator. Such permits may include, but are not limited to: U.S. Army Corps of Engineers permits under Clean Water Act § 404; California Regional Water Quality Control Board certifications under Clean Water Act § 401; and California Department of Fish and Wildlife permits under Fish & Game Code § 1602.

(Ord. No. 25-07, § I, 10-21-2025)

A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid. Where a permit lapses due to FIRM/FIS revision, reissuance shall require demonstration of compliance with updated BFEs/floodways.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.406. - Suspension or revocation.

The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any other county ordinance.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.407. - Appeals of decisions.

When it is alleged there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the Siskiyou County Board of Supervisors by filing a written appeal setting forth the reasons of the appeal. The appeal shall be in writing and filed with the Siskiyou County Planning Division within ten (10) days of the decision or determination. Upon receipt of such appeal, the Planning Division shall set the matter for hearing before the Board of Supervisors, notice thereof to be given in the same time and manner as provided by law.

(Ord. No. 25-07, § I, 10-21-2025)

Article 5. - Site Plans and Construction Documents

Sec. 10-10.501. - Information for development in flood hazard areas.

The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

(1)

Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development.

(2)

Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 10-10.502 or Section 10-10.503 of these regulations.

(3)

Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five (5) acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 10-10.502(2) of these regulations.

(4)

Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures.

(5)

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

(6)

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

(7)

Existing and proposed alignment of any proposed alteration of a watercourse.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.502. - Information in flood hazard areas without base flood elevations (approximate Zone A).

Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to:

(1)

Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

(2)

Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway

data available from a federal or state agency or other source.

(3)

Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:

(a)

Require the applicant to include base flood elevation data in accordance with Section 10-10.502(1) of these regulations; or

(b)

Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet.

(4)

Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

(Ord. No. 25-07, § I, 10-21-2025)

As applicable to the location and nature of the proposed development activity, and in addition to the requirements of these regulations, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:

(1)

For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 10-10.504 of these regulations and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.

(2)

For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the Flood Insurance Study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will

not increase the base flood elevation more than one foot at any point within the County. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

(3)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 10-10.504 of these regulations. The applicant shall notify the chief executive officer of adjacent jurisdictions and the California Department of Water Resources. The applicant shall submit the analysis to FEMA as specified in Section 10-10.504 of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.504. - Submission of additional data.

When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

(Ord. No. 25-07, § I, 10-21-2025)

Article 6. - Inspections

Sec. 10-10.601. - Inspections, in general.

Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.602. - Inspections of development other than buildings and structures.

The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.

(Ord. No. 25-07, § I, 10-21-2025)

The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 10-10.1301 of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.604. - Buildings and structures.

The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:

(1)

Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official.

(2)

All new and substantially improved non-residential structures within A1-30, AE, and AH Zones have their lowest floor elevated or dry floodproofed to twelve (12) inches above the Base Flood Elevation.

(3)

In AO Zones, all new and substantially improved nonresidential structures shall have their lowest floor elevated or completely dry floodproofed above the highest adjacent grade (to a minimum) twelve (12) inches above the depth number on the FIRM.

(4)

In AO Zones, require that new and substantially improved residential structures have their lowest floor (including basement) to twelve (12) inches above the highest adjacent grade (HAG) as shown on the FIRM's depth number.

(5)

Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official.

(6)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(7)

Certification of Dry Floodproofing: Floodproofed nonresidential structures shall require a registered professional engineer/architect certify that the design and methods of construction meet all requirements.

(Ord. No. 25-07, § I, 10-21-2025)

Article 7. - Variances

Sec. 10-10.701. - Nature of variances.

The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.

It is the duty of the County of Siskiyou to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in these regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.702. - Variances; general.

The Siskiyou County Board of Supervisors shall hear and decide requests for variances from the strict application of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.703. - Limitations on authority.

The Siskiyou County Board of Supervisors shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator and Building Official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.704. - Records.

The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance.

(Ord. No. 25-07, § I, 10-21-2025)

A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure's continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.706. - Restrictions in floodways.

A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section 10-10.503(1) of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.708. - Agricultural structures.

A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied and:

(1)

A determination has been made that the proposed agricultural structure:

(a)

Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.

(b)

Has low damage potential.

(c)

Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including, but not limited to, the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or waterreactive materials.

(d)

Complies with the wet floodproofing construction requirements of Section 10-10.708(2), below.

(2)

Wet floodproofing construction requirements:

(a)

Anchored to resist flotation, collapse, and lateral movement.

(b)

When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.

(c)

Flood damage-resistant materials are used below the base flood elevation.

(d)

Mechanical, electrical, and utility equipment are elevated above the base flood elevation.

(3)

In all 'A' zones, agricultural structures may be designed to be watertight (dry floodproofed) if properly designed and certified by registered professional engineers or architects. FEMA P-936, Floodproofing NonResidential Buildings, provides guidance and design specifications for dry floodproofing.

(4)

Agricultural structures located within a Special Flood Hazard Area (SFHA) do not qualify as being "Agricultural Exempt" per Title 9, Chapter 1 Sec. 9-1.01142. A standard building permit will be required.

Structures exclusively used for Agricultural purposes as defined in item (5) below, "Agricultural Exempt" structures, shall meet the following requirements:

(a)

Lowest floors must be elevated to or above the BFE or flood depth in all A zones (A, AE, A1-30, AH, AO, A99, and AR). In all V zones (V, VE, V1 30, and VO), the bottom of lowest horizontal structural members of lowest floors must be elevated to or above the BFE.

(b)

Enclosures below elevated structures must be used only for parking, storage, and building access and must have flood openings (in all A zones) or breakaway walls (in all V zones).

(c)

Agricultural structures located in a flood zone qualify for the "Agricultural Building Exception" to specific California Building Code requirements applicable to other occupancies as passed by the Siskiyou County Board of Supervisors on May 9,1979 and filed with Codes and Standards pursuant to Health and Safety Code Section 17958.8.

(5)

Agricultural purposes or uses ("Exclusive Use"). The term "agricultural purposes or uses" refers to using agricultural structures exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. The "exclusive use" of an agricultural structure is not negated even if it is also occupied by people over extended periods of time for purposes associated with agricultural uses (e.g., office or communal area for farm workers). Processing and production of agricultural commodities outside of harvesting, storage, raising, or drying are not considered agricultural purposes or uses. Examples of other processing and production activities include distilling, brewing or fermenting beverages, baking or cooking, leather tanning, packaging, and similar production processes. Structures used for those processes are places of employment and are not agricultural structures for the purposes of this code.

(6)

Owners seeking relief to allow certain flood-damaged agricultural structures to be repaired or restored to pre-damaged condition should be aware of these restrictions set forth in the NFIP statute:

(a)

The structures will not qualify for Federal disaster assistance.

(b)

The structures may be denied NFIP flood insurance policies unless repairs include wet floodproofing measures.

(7)

Refer to FEMA Floodplain Management Bulletin P-2140 for additional requirements for agricultural structures located within a floodplain.

(Ord. No. 25-07, § I, 10-21-2025)

In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of these regulations and the building code, as applicable, and the following shall be considered:

(1)

The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

(2)

The danger to life and property due to flooding or erosion damage.

(3)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

(4)

The importance of the services provided by the proposed development to the County.

(5)

The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

(6)

The compatibility of the proposed development with existing and anticipated development.

(7)

The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

(8)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(9)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site.

(10)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.710. - Conditions for issuance of variances.

Variances shall only be issued upon:

(1)

Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.

(2)

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats

to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.

(4)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(5)

When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and that such construction below the required elevation increases risks to life and property.

(6)

Variances granted for agricultural structures and accessory structures shall be consistent with the requirements set forth in 44 C.F.R. § 60.6(a) and FEMA Floodplain Management Bulletin P-993, Variances and the National Flood Insurance Program, and this code. Additional guidance for variance procedures may be requested by the Floodplain Administrator from state, tribal, and territorial NFIP coordinators and FEMA regional offices.

(Ord. No. 25-07, § I, 10-21-2025)

Article 8. - Violations

Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.

(Ord. No. 25-07, § I, 10-21-2025)

The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the building codes but is regulated by these regulations and that is determined to be a violation.

(Ord. No. 25-07, § I, 10-21-2025)

Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 25-07, § I, 10-21-2025)

Article 9. - Definitions

The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.

(Ord. No. 25-07, § I, 10-21-2025)

"Accessory Structure" means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

"Agricultural Structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

"Alteration of a Watercourse" means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

"ASCE 24" means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.

"Base Flood" means the flood having a one-percent chance of being equaled or exceeded in any given year.

"Base Flood Elevation" means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).

"Basement" means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.]

"Building Code" means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:

(1)

Part 2, applicable to buildings and structures other than dwellings within the scope of this part.

(2)

Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three (3) stories, and accessory structures.

(3)

Part 10, applicable to existing buildings.

(4)

Other specified codes.

"Design Flood" means the flood associated with the greater of the following two (2) areas:

(1)

Area with a flood plain subject to a one-percent or greater chance of flooding in any year.

(2)

Area designated as a flood hazard area on the flood hazard map, or otherwise legally designated.

"Design flood elevation" means the elevation of the "design flood," including wave height, relative to the datum specified on the County's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to two (2) feet.

"Development" means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of equipment and materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities.

"Encroachment" means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

"Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before March 12, 1982 (Ordinance No. 1075).

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

(3)

Mudslides (i.e., mudflows) which are proximately caused by flooding.

"Flood control project" means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

"Flood damage-resistant materials" means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.

"Flood hazard area" means the greater of the following two (2) areas:

(1)

The area within a floodplain subject to a one-percent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the County's flood hazard map, or otherwise legally designated.

"Flood Insurance Rate Map (FIRM)" means an official map of the County on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the County.

"Flood Insurance Study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

"Floodplain Administrator" means the County official designated by title to administer and enforce the floodplain management regulations.

"Floodway" means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

"Flood proofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

"Fraud or Victimization" means, for the purpose of variances from these regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the County as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.

"Functionally Dependent Use" means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

"Historic Structure" means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.

"Letter of Map Change (LOMC)" means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

(1)

"Letter of Map Amendment (LOMA)": An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2)

"Letter of Map Revision (LOMR)": A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3)

"Letter of Map Revision Based on Fill (LOMR-F)": A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the County's floodplain management regulations.

(4)

"Conditional Letter of Map Revision (CLOMR)": A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

"Light-Duty Truck" means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

(2)

Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

"Lowest Floor" means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes.

"Manufactured Home" means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. And as that term is further defined in Health and Safety Code sections 18007 and 18000(b). For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

"Market Value" means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods:

(1)

Actual Cash Value (replacement cost depreciated for age and quality of construction);

(2)

Tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser; or

(3)

A qualified independent appraiser.

"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after March 12, 1982 (Ordinance No. 1075).

"New construction" means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of this ordinance and includes any subsequent improvements to such structures.

"Nuisance" means that which is injurious to safety or health of the community, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Permit for Floodplain Development" means an official document or certificate issued by the County, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.

"Recreational Vehicle" means a vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Special Flood Hazard Area (SFHA)" is the land in the flood plain within a community subject to a onepercent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V.

"Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first

placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means:

(1)

A building with two (2) or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;

(2)

A manufactured home, as defined above; or

(3)

A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.

For the latter purpose, "structure" does not mean a recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.

"Substantial Damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

"Substantial Improvement" means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

(2)

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

"Utility and Miscellaneous Group U" means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.

"Variance" means a grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.

"Violation" means a development that is not fully compliant with these regulations or the flood provisions of the building code, as applicable.

"Watercourse" means a river, creek, stream, channel or other topographic feature in, on, through or over which water flows at least periodically.

(Ord. No. 25-07, § I, 10-21-2025)

Article 10. - Buildings and Structures

Sec. 10-10.1001. - Requirements for buildings and structures in flood hazard areas.

Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the building code and local amendments to the building code specified in this ordinance. All new and substantially improved residential structures within A1-30, AE, and AH Zones have their lowest floor (including basement) elevated to a minimum of twelve (12) inches above the Base Flood Elevation.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1002. - Detached garages and accessory storage structures.

Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:

(1)

Are one story and not larger than 600 square feet in area when located in special flood hazard areas.

(2)

Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

(3)

Have flood openings in accordance with the building code.

(4)

Have flood damage-resistant materials used below the base flood elevation.

(5)

Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.

(Ord. No. 25-07, § I, 10-21-2025)

Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than six (6) feet high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:

(1)

New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood.

(2)

New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.

(3)

Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.

(4)

When fully enclosed by walls, flood openings shall be installed in accordance with ASCE 24.

(5)

Flood damage-resistant materials shall be used below the design flood elevation.

(6)

Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.

(Ord. No. 25-07, § I, 10-21-2025)

Article 11. - Subdivisions

Sec. 10-10.1101. - Minimum requirements.

Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.

(2)

All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 10-10.1202 and Section 10-10.1203 of these regulations, as applicable, and appropriate codes.

(3)

In Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

(Ord. No. 25-07, § I, 10-21-2025)

In addition to the requirements of Section 10-10.1101 of these regulations, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(1)

The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats.

(2)

Where the subdivision has more than fifty (50) lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 1010.502(1) of these regulations.

(3)

When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.

(Ord. No. 25-07, § I, 10-21-2025)

Article 12. - Site Improvements, Utilities, and Limitations

Sec. 10-10.1201. - Minimum requirements.

All proposed development in flood hazard areas shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.

(2)

Where the proposed development has more than fifty (50) lots or is larger than five (5) acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 10-10.502(1) of these regulations.

(3)

All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage.

(4)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1202. - Sanitary sewer facilities.

All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1203. - Water supply facilities.

All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1204. - Development in floodways.

Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 10-10.503(1) of these regulations demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1205. - Limitations on placement of fill.

Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 10-10.504 of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Article 13. - Installation of Manufactured Homes

All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations. In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.

(Ord. No. 25-07, § I, 10-21-2025)

All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and these regulations. Foundations for manufactured homes subject to Section 10-10.1305 of these regulations are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1303. - Anchoring.

All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1304. - General elevation requirement.

Unless subject to the requirements of Section 10-10.1305 of these regulations, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1305. - Elevation requirement for certain existing manufactured home parks and subdivisions.

Manufactured homes that are not subject to Section 10-10.1304 of these regulations, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:

(1)

Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation.

(2)

Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six (36) inches in height above grade.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1306. - Flood damage-resistant materials.

Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1307. - Enclosures.

Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1308. - Protection of mechanical and electrical equipment and outside appliances.

Mechanical and electrical equipment, and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.

If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Exception: Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 10-10.1304 or Section 10-10.1305, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 [National Electric Code-NEC)] as adopted by the California Building Standards Commission (BSC) as the California Electrical Code (CEC).

(Ord. No. 25-07, § I, 10-21-2025)

Article 14. - Recreational Vehicles

Sec. 10-10.1401. - Temporary placement.

Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1402. - Permanent placement.

Recreational vehicles that do not meet the limitations in Section 10-10.1401 for temporary placement shall meet the requirements of Article 13 for manufactured homes.

(Ord. No. 25-07, § I, 10-21-2025)

Article 15. - Other Development

Sec. 10-10.1501. - General requirements for other development.

All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the building code, shall:

(1)

Be located and constructed to minimize flood damage.

(2)

Meet the limitations of Section 10-10.1204 of these regulations when located in a regulated floodway.

(3)

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(4)

Be constructed of flood damage-resistant materials.

(5)

Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

(6)

The standards for construction or modification of bridges within a floodplain are as follows:

(A)

Any excavation within the levee section or near bridge supports within the floodway must be backfilled in four-inch to six-inch layers with approved material. The levee section must be compacted to a relative compaction of not less than 90 percent per ASTM D1557-91, dated 1991, which is incorporated by reference and above optimum moisture content. Compaction within the floodway must be to the density of the adjacent undisturbed material.

(B)

Compaction tests by a certified soils laboratory may be required to verify compaction.

(C)

Bridge piers and bents within the floodway must be constructed parallel to the direction of streamflow.

(D)

Bridge piers and bents placed within a floodway to support a widened portion of an existing bridge must be constructed in line with existing bents and piers.

(E)

Erosion control may be required on the channel banks or levee slopes upstream and downstream of a proposed bridge.

(F)

Drainage from a bridge or highway may not be discharged onto a levee section or streambank.

(G)

Plans showing all construction facilities (such as temporary staging, coffer dams, and falsework) which will remain in a floodway during flood season, must be submitted for approval prior to installation of these facilities.

(H)

All construction facilities (such as temporary staging, coffer dams, and falsework) must be designed to prevent bank erosion during normal flows and to maintain maximum channel capacity during the flood season.

[(I)

Reserved.]

(J)

Stockpiled material, temporary buildings, construction equipment, and detours that obstruct stream flows must be removed from floodways prior to the flood season.

(K)

Clearances:

(1)

The bottom members (soffit) of a proposed bridge must be at least three (3) feet above the design floodplain. The required clearance may be reduced to two (2) feet on minor streams at sites where significant amounts of stream debris are unlikely.

(2)

When an existing bridge being widened does not meet the clearance requirement above the design floodplain, the bottom structural members of the added section may be no lower than the bottom structural members of the existing bridge, except as may be caused by the extension of existing sloped structural members.

(3)

When the clearance requirement above design floodplain would result in bridge approach ramp fill in the floodway, the clearance requirement may be reduced to the extent that reasonably balances clearance and fill that would obstruct flow, so as to maintain maximum channel capacity.

(L)

Access:

(1)

Vehicular access from the roadway to the levee crown may be required at each end of a bridge.

(2)

Vehicular access from the levee crown to the floodway and/or the landside levee toe beneath the bridge may be required. Ramps may slope upstream as necessary to provide the access required by this subdivision.

(M)

Approved gates must be installed at right angles across the levee crown at all points of access to the levee from each end of a bridge.

(N)

Any bridge abandoned or being dismantled must be completely removed and must be disposed of outside the limits of the levee section and floodway.

[(O)

Reserved.]

(P)

Pilings, piers, bents, and abutments of bridges being dismantled must be removed to at least one (1) foot below the natural ground line and at least three (3) feet below the bottom of the low water channel.

(Q)

Any bridge that is damaged to the extent that it may impair the channel or floodway capacity must be repaired or removed prior to the next flood season.

(R)

Replacement railroad bridges must have the soffit members no lower than those of the replaced bridge but are not required to have a specified amount of clearance above the design floodplain.

(S)

Bridge replacements and new bridges shall be built at an elevation so that there is no depression in the crown of the levee.

(T)

The standards for maintenance of bridges within an adopted plan of flood control are as follows:

(1)

The area in and around a bridge site must be kept clear to maintain the design flow capacity.

(2)

Trees, brush, sediment, and other debris must be kept cleared from the bridge site and be disposed of outside the limits of the floodway prior to the flood season.

(3)

Any accumulation of debris during high flows must be immediately removed from a bridge site and disposed of outside the floodway.

(Ord. No. 25-07, § I, 10-21-2025)

Tanks that serve buildings shall comply with the requirements of the building code. Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24. Tank installation varies by flood zone. Where allowed above ground, tanks can be installed on grade or elevated on platforms or fill. Underground tanks must be installed and anchored to account for saturation of surrounding soils and scour and erosion during flooding. Tanks that are above ground but not fully elevated are allowed only in A zones (A, AE, A1-30, AH, AO, A99, and AR), in which case they must be anchored to resist flood forces. Alternatively, for tanks in A zones, they may be installed inside enclosures or vaults that are designed to be substantially impermeable to flooding ("component protection"). This technique is described in FEMA P-348, Protecting Building Utility Systems from Flood Damage, where it is suggested as a method to protect equipment or groups of equipment that serve nonresidential buildings.

Protecting other elements of tanks must also meet the following requirements:

(1)

Fill openings, outlets, vents, and cleanouts must either be elevated above the BFE or designed to prevent the entry of floodwater and the loss of contents during flooding.

(2)

Controls for electrified equipment shall be elevated above the BFE and electric service shall be supplied by branch circuits that have GFCI protection.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1503. - Requirements for temporary structures and temporary storage in flood hazard areas.

Temporary structures shall be erected for a period of less than 180 days and temporary storage of goods and materials shall be permitted for a period of less than 180 days. Extensions may be granted in accordance with Section 10-10.405 of these regulations. In addition, the following apply:

(1)

Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.

(2)

Temporary stored materials shall not include hazardous materials.

(3)

Shall meet the limitations of the requirements of Section 10-10.1204 of these regulations, when located in floodways.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1504. - Fences in floodways.

Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 10-10.1204 of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1505. - Oil derricks.

Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1506. - Retaining walls, sidewalks and driveways in floodways.

Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Section 10-10.1204 of these regulations and the requirements for site grading in Chapter 18 of the building code.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1507. - Roads and watercourse crossings in floodways.

Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 10-10.1204 of these regulations. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section 1010.503(3) of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1508. - Swimming pools.

Above-ground swimming pools, on-ground swimming pools, and in-ground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 10-10.1204 of these regulations.

(Ord. No. 25-07, § I, 10-21-2025)

Article 16. - Flood Control Projects

In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.

(Ord. No. 25-07, § I, 10-21-2025)

Sec. 10-10.1602. - Flood control projects; applications.

Applications for permits for flood control projects shall include documentation including, but not limited to:

(1)

Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.

(2)

Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.

(3)

The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a designated floodway and would increase BFEs or alters a riverine flood hazard area without a designated floodway (with published BFEs) and would increase BFEs by more than one foot.

(Ord. No. 25-07, § I, 10-21-2025)

CHAPTER 11. - RIGHT TO FARM

(a)

"Agricultural land" shall mean all that real property within the boundaries of the County currently used for agricultural operations or upon which agricultural operations may in the future be established.

(b)

"Agricultural operation" shall mean and include, but not be limited to, the cultivation and tillage of the soil, dairying, the production irrigation, frost protection, cultivation, growing, harvesting and processing of any agricultural commodity including viticulture, horticulture, timber or apiculture, the raising of livestock,

furbearing animals, fish or poultry, and any commercial agricultural practices performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

(§ I, Ord. 90-28, eff. October 25, 1990)

Sec. 10-11.02. - Findings and policy.

(a)

It is the declared policy of the County to enhance and encourage agricultural operations within the County. It is the further intent of the County to provide to the residents of the County proper notification of the County's recognition and support through this chapter of those persons' and/or entities right to farm.

(b)

Where nonagricultural land uses extend into agricultural areas or exist side-by-side, agricultural operations are frequently the subjects of nuisance complaints and are forced to cease or curtail operations. Such actions discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the County's agricultural industry as a whole. It is the purpose and intent of this section to reduce the loss to the County of its agricultural resources by limiting the circumstances under which agricultural operations may be considered a nuisance. This chapter is not to be construed as in any way modifying or abridging State law as set out in the Civil Code, Health and Safety Code, Fish and Game Code, Food and Agricultural Code, Division 7 of the Water Code of the State, or any other applicable provision of State law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this Code and County regulations.

(c)

An additional purpose of this chapter is to promote a good neighbor policy between agricultural and nonagricultural property owners by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence, including, but not limited to, the noises, odors, dust, chemicals, smoke and hours of operation that may accompany agricultural operations. It is intended that through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

(§ I, Ord. 90-28, eff. October 25, 1990)

Sec. 10-11.03. - Nuisance.

No agricultural activity, operation or facility or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards and with all chapters of this code, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, pursuant to this code after the same has been in operation for more than three (3) years, if it was not a nuisance when it began.

(§ I, Ord. 90-28, eff. October 25, 1990)

(a)

"If your real property is adjacent to property used for agricultural operations or included within an area zoned for agricultural purposes, you may be subject to inconveniences or discomforts arising from such operation, including but not limited to noise, odors, fumes, dust, the operation of machinery of any kind during any 24 hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. Siskiyou County has determined that the use of real property for agricultural operations is a high priority and favored use to the County and will not consider to be a nuisance those inconveniences or discomforts arising from agricultural operations, if such operations are consistent with accepted customs and standards."

(b)

The statement set forth in subsection (a) of this section shall be used under the following circumstances and in the following manner:

(1)

Upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with dwelling units, the transferor shall require that a statement containing the language set forth in subsection (a) of this section shall be signed by the purchaser and recorded in the County Recorder's office in conjunction with the deed conveying the real property.

(2)

Upon the issuance of a discretionary permit including, but not limited to, subdivision permits and use permits, for use on or adjacent to lands zoned for agricultural operations. The discretionary development permit shall include a condition that the owners of the property shall be required to sign a statement of acknowledgment containing the disclosure on forms provided by the Planning Department, which form shall then be recorded in the County recorder's office.

(§ I, Ord. 90-28, eff. October 25, 1990)

Sec. 10-11.05. - Resolution of disputes.

(a)

Should any controversy arise regarding any inconveniences or discomforts occasioned by agricultural operations including, but not limited to, noises, odors, fumes, dust, the operation of machinery of any kind during any twenty-four (24) hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides, the parties must submit the controversy to arbitration as set forth below in an attempt to resolve the matter prior to the filing of any court action.

(b)

Arbitration.

(1)

Any controversy between the parties shall be submitted to arbitration upon the written request of one party after the service of that request on the other party.

(2)

The parties shall each appoint one person to hear and determine the dispute. If these two (2) arbitrators cannot agree, then the two (2) arbitrators shall choose a third impartial arbitrator who shall make the decision. The cost of the arbitration shall be borne by the losing party or in such proportions as the arbitrators shall decide.

(3)

The parties may elect at the time the arbitrators are chosen to make the arbitration decisions final and conclusive on both parties. If the election is not made, then the decision shall be advisory only.

(§ I, Ord. 90-28, eff. October 25, 1990)

CHAPTER 12. - COUNTY PARTICIPATION IN STATE AND FEDERAL AGENCIES LAND TRANSACTIONS

Sec. 10-12.01. - Findings.

The Board finds:

(a)

Actions of state and federal agencies to plan, adopt rules or regulations, acquire land or interest in land, in fee or through easements, promulgation of programs, land adjustments, and other activities of these agencies can have significant effects on the customs, culture, economy, resources, and environment of the County of Siskiyou and its citizens.

(b)

In order to protect the customs, culture, economy, resources, and environment of the County of Siskiyou, it is critical that federal and state agencies recognize and address the effects of any actions proposed within the County which may affect matters, including, but not limited to, economic growth, public health, safety and welfare, land use, the environment, conservation of natural resources, such as timber, water, fish, wildlife, mineral resources, agriculture, grazing, and recreational opportunities.

(c)

The coordination and consideration of the County's interest is required by law, such as in those requirements set forth in the National Environmental Protection Act, the National Forest Management Act, the Intergovernmental Cooperation Act, the Federal Land Policy and Management Act, the Federal Administrative Procedures Act, the State of California Public Resources Code, the California Environmental Quality Act, and numerous other federal and state statutes and administrative procedures.

(d)

These various state and federal laws provide for participation by Siskiyou County and the public through opportunities for comment on proposed projects and actions.

(e)

There is general County concern that, in the past, the legally required process of notification, referral, and coordination of activities described above may not have been consistently followed by state and federal agencies, which has led to concerns by the County and its residents that uncoordinated actions may have been adopted contrary to the requirements of law and potentially detrimental to the customs, culture, economy, resources, and environment of the County of Siskiyou.

(f)

There is a clear need to establish an effective and consistent joint procedure for advance notification, referral, coordination, and participation to be followed by all state and federal agencies when undertaking activities or actions affecting the public health, safety, land use, customs, culture, economy, conservation of natural resources and environment of the County of Siskiyou, which procedure provides for a timely advance notice of opportunities for participation which are essential to the integrity of the decisionmaking processes of these state and federal agencies.

(g)

In order for this coordination and consultation to be meaningful, the said notice and opportunity for input shall be given at the earliest possible stage of the federal and/or state governments' contemplation or consideration of a particular course of action with regard to land use plans, actions, or decisions affecting land use in Siskiyou County and such notice shall be given with sufficient specificity and prior to any psychological momentum having been developed with regard to the particular plan, action, or decision.

(§ I(part), Ord. 99-08, eff. May 4, 1999)

Sec. 10-12.02. - Notification, referral, and consultation procedures.

In order to permit timely advance notification, referral, consultation, coordination, and participation in proposed actions of state and federal agencies:

(a)

All federal and state agencies shall inform the County of Siskiyou, or its designee, of all pending, contemplated or proposed actions affecting local communities, citizens, or affecting County policy, and shall, if requested by the County, coordinate the planning and implementation of those actions with the County or its designee(s). Such notification shall include a detailed description of the proposed plan, procedure, rule, guideline, or amendment sufficient to fully inform lay persons of its intent and effects, including the effects on the resources, environment, customs, culture, and economic stability of the County of Siskiyou.

(b)

The Siskiyou County Board of Supervisors shall be consulted in accordance with the laws and regulations of the State of California and the United States regarding any pending, contemplated, or proposed actions affecting local communities and citizens.

(c)

All federal and state agencies shall, to the fullest extent permissible by law, comply with all applicable procedures, policies, and practices issued by the County of Siskiyou.

(d)

When required by law or when requested by the County of Siskiyou, all federal and state agencies proposing actions that may impact citizens of the County of Siskiyou shall prepare and submit in writing, and in a timely manner as soon as is practicable, report(s) on the purposes, objectives and estimated impacts of such actions, including environmental, health, social, customs, cultural and economic impacts, to the County of Siskiyou. Those reports shall be provided to the County of Siskiyou for review and coordination with sufficient time to prepare a meaningful response for consideration by the federal or state agency.

(e)

Before federal and state agencies can alter land use(s), environmental review of the proposed action shall be conducted by the lead agency and mitigation measures adopted in accordance with policies, practices, and procedures applicable to the proposed action and in accordance with all applicable federal, state, and local laws. Impact studies shall, as needed, address the effects on community and economic resources, the environment, local customs and public health, safety, and welfare, culture, grazing rights, flood prone areas and access and any other relevant impacts.

(f)

For the purposes of this ordinance, each federal and state agency shall, unless specifically authorized otherwise, give the required notices) to the County of Siskiyou and the Board of Supervisors, via certified mail, as follows:

Siskiyou County Board of Supervisors

P.O. Box 338

Yreka, CA 96097

Siskiyou County Planning Director

P.O. Box 1085

Yreka, CA 96097

Siskiyou County Assessor

County Courthouse, Rm. 108

Yreka, CA 96097

(g)

Not less than five (5) complete copies of the written documents supporting the proposed action shall be provided to the Clerk of the Board of Supervisors at the above referenced address in such a timely manner so that there can be meaningful review and input sufficiently in advance of the action.

(h)

Notification of the availability of related documents shall be available for the minimum time set forth by the federal and state statute for such review or, if none is established by law, for a period of not less than fortyfive (45) days prior to the proposed date of action, adoption or approval. This time is necessary to ensure adequate local opportunity for consideration and response.

(§ I(part), Ord. 99-08, eff. May 4, 1999)

CHAPTER 13. - DEMOLITION, DECONSTRUCTION, REMOVAL AND RECLAMATION

Sec. 10-13.01. - Purpose and intent.

The purpose of this enactment is to require a discretionary permit (hereinafter referred to as "permit") for the demolition, deconstruction, or removal of major facilities such as abandoned or superseded roadways, former industrial sites, and other similar, significantly sized facilities such as factories, dams, railroad sites, which demolition, deconstruction, or removal work would or could have a potentially significant impact on the health, safety, welfare, and/or peaceful and quiet enjoyment of property if the work to be done is not done in such a manner and pursuant to such conditions as the County may reasonably impose so as to protect against, minimize, and mitigate impacts from such activities. As part of the permit process, reasonable financial assurances shall be required, together with all other reasonable requirements to insure that the work is done in a reasonable manner and so as to insure that reclamation is done so that the property shall be reclaimed and recovered to the point that it will return the site to such a condition as is consistent with its previous state or so as to insure that the property is reclaimed in a manner consistent with a reasonably safe and visually appealing condition.

The review of the application for the discretionary permit shall be in accordance with the provisions of the California Environmental Quality Act (CEQA), and, where applicable, the Applicant shall demonstrate compliance with the requirements of the National Environmental Policy Act (NEPA).

(Ord. No. 09-04, § I, 4-7-2009)

Sec. 10-13.02. - [Permit discretionary and conditional.]

The demolition, deconstruction, or removal permit shall be discretionary and conditioned so as to assure that the work will be done in a manner which will not create significant adverse environmental impacts and that reclamation will be done so as to mitigate all impacts to a level of insignificance.

(Ord. No. 09-04, § I, 4-7-2009)

It shall be unlawful to demolish, deconstruct, or remove major facilities or do such major work without a permit granted by the County for such purposes.

A "major work" or "major facility" is defined as a demolition, deconstruction, or removal of 50,000 cubic yards of material or more, which has the potential to be injurious to the public health, safety, welfare, or property owners' reasonable quiet enjoyment of their property. Excluded from this definition are any mining activities, subject to a use permit under Title 10, Chapter 5, of this Code entitled Surface Mining and Reclamation, or the Surface Mining and Reclamation Act of 1975 (Public Resources Code, Division 2, Chapter 9, Section 2710 et seq.), and any County Public Works project involving roads, bridges, drainage improvement projects, landfill caps or similar projects.

(Ord. No. 09-04, § I, 4-7-2009)

There may be imposed on any such permit such reasonable conditions so that the work contemplated to be done will not be materially detrimental or injurious to the public health, safety and welfare, or to other property or improvements. The terms and conditions upon which the permit is granted shall be in writing, which terms and conditions shall be intended to protect the public health, safety, welfare, or property owners' improvements or reasonable quiet enjoyment of their property, with adequate financial assurances being posted to accomplish the work required by the permit, and the said work shall be done within the time frames set forth in the permit, unless otherwise extended by the County.

(Ord. No. 09-04, § I, 4-7-2009)

Sec. 10-13.05. - [Duty of permittee.]

It shall be the duty of the person or entity to whom a permit is issued for the demolition, deconstruction, removal or reclamation to perform the work required by the permit and remove all debris, items of the structure to be deconstructed and removed, and all loose, miscellaneous, and other useless material from the parcel and to do all the necessary reclamation work as required by the permit issued.

(Ord. No. 09-04, § I, 4-7-2009)

Sec. 10-13.06. - [Unlawful to leave property in dangerous or defective condition.]

It shall be unlawful to leave or maintain any of the property upon which work of demolition, deconstruction, or removal has been done in a dangerous or defective condition or so as to create a risk of harm to public health and safety or other property.

(Ord. No. 09-04, § I, 4-7-2009)

Sec. 10-13.07. - [Application.]

An application for a demolition, deconstruction, or removal permit shall be filed with the Public Health and Community Development Department and shall not be considered complete unless it is accompanied by a full and complete project description of the work to be done, a full description of the site, an agreement to indemnify the County for any and all work to be done pursuant to the permit, a statement of the timeframe within which the work is to be done, a reasonable estimate of the costs to perform the work contemplated by the permit, including a statement of the willingness to provide the necessary financial assurances in a form acceptable to the County to secure performance of the work contemplated by the permit, together with all other information which may be reasonable and necessary to enable the County to fully review and condition the permit so that the work to be done can be done in a satisfactory manner and so as to assure that the work will be conducted in a manner that does not create significant adverse environmental impacts. In addition, the application shall provide a complete set of plans and specifications for the proposed work to be done, evidence that adequate financing for the work to be done has been secured and/or committed, together with evidence of the necessary engineering and construction contracts expected to be needed to complete the work contemplated.

t create significant adverse environmental impacts. In addition, the application shall provide a complete set of plans and specifications for the proposed work to be done, evidence that adequate financing for the work to be done has been secured and/or committed, together with evidence of the necessary engineering and construction contracts expected to be needed to complete the work contemplated.

Every application for a permit shall be upon a form furnished by the County and shall set forth such information as may be reasonably necessary in order to carry out the purposes of this chapter, which may be in addition to that information heretofore requested, which information may require a map of the proposed traffic routes, disposition of any sediment, debris and removal of rubble, soil, contaminants or matter of whatsoever nature which shall be the subject of demolition/deconstruction and any reports or information from registered engineers or other applicable professionals regarding the work to be done and the steps to be taken so as to insure that the work is done in a safe manner.

(Ord. No. 09-04, § I, 4-7-2009)

Sec. 10-13.08. - [Permit subject to review.]

Where the work to be done contemplates significant size projects and potential adverse environmental impacts, the permit shall be subject to review and issuance by the Board after review and action by the Planning Commission. The permit shall be conditioned to assure that the work which needs to be done can be and will be conducted in a manner which will not create significant adverse environmental impacts.

(Ord. No. 09-04, § I, 4-7-2009)

Sec. 10-13.09. - Permit fees.

Permit fees shall be paid to the Public Health and Community Development Department in an amount established by the Board of Supervisors and which amount shall be deemed necessary to cover the actual costs incurred to do the work contemplated by this permitting process. The fees shall be paid by the applicant at the time of filing of the permit application and at such other times as are necessary in order to insure that all actual costs of implementing this chapter are borne by the applicant.

(Ord. No. 09-04, § I, 4-7-2009)

Sec. 10-13.10. - [Best management practices to be used.]

The best management practices shall be used throughout all phases of work to control dust, noise, and traffic, erosion and release of contaminants, so as to avoid adverse impacts on the public health, welfare,

and safety and so as to avoid noise and/or the discharge of contaminants to the soil, water or atmosphere so as to avoid any violation of any applicable rules, regulations, ordinances, statutes, or other applicable law.

(Ord. No. 09-04, § I, 4-7-2009)

If at any time the work to be contemplated by the permit is not done in compliance with the terms and conditions of the permit or results in the development of a dangerous or unsafe condition, operations pursuant to the permit may be suspended by the County Public Health and Community Development Department staff unless and until it is determined that the work can proceed in a safe manner. Review of the suspension order shall be by appeal of the permittee to a committee consisting of a representative of the County Public Health and Community Development Department and a representative of the Public Works Department. An appeal from the action of this review committee can be made by appeal to the Siskiyou County Board of Supervisors within ten (10) days of the decision of the review committee. The permittee shall be required to do all the work necessary within twenty (20) days to remedy the dangerous or unsafe condition. Failure to do so within twenty (20) days may entitle the County to halt the work and/or resort to posted security to complete the demolition/reclamation work, cause the remedying of the unsafe condition, or pursue any course of action which may be legally appropriate to require the permittee to complete the contemplated work. All remedies shall be nonexclusive.

In addition to any other remedies for violations of the provisions hereof, the County may elect to proceed with any appropriate actions against a violator, including injunctive relief. Any person or entity who violates this chapter shall be deemed subject to fines of up to Five Thousand Dollars ($5,000.00) per separate violation. A person or entity shall be deemed to have committed separate violations for each and every day, or portion thereof, during which any such violation is committed, continued, or permitted to occur.

Further, any person or entity who violates the provisions hereof shall be guilty of a misdemeanor, punishable by a fine of One Thousand Dollars ($1,000.00), or by imprisonment in the County jail for a period not to exceed six months. Nothing in this chapter shall prevent the appropriate authorities of the County of Siskiyou from pursuing any civil, criminal, or administrative remedy deemed necessary or appropriate to gain compliance with the applicable provisions of this Code. The provisions of the chapter are to be supplementary and complementary to all of the provisions of this Code, state law, and any other law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to bar or limit the County from seeking any remedy to which it may otherwise be entitled.

(Ord. No. 09-04, § I, 4-7-2009)

Financial assurances shall be in a form and in a sufficient amount acceptable to the County to assure compliance with all elements of the approved permit, including, but not limited to, revegetation and landscape requirements, restoration of habitat, restoration and maintenance of water quality, slope stability and erosion and drainage control, disposal of hazardous, toxic, or unsightly materials, removal of structures and other debris, and any other measures which are reasonable and necessary to adequately complete the reclamation of the site.

(a)

The amount of financial assurance required shall be adjusted annually to account for changes in the cost of doing the work required. The applicant shall, within thirty (30) days of notice of adjustment, post the necessary additional financial assurance in an amount and form acceptable to the County.

(Ord. No. 09-04, § I, 4-7-2009)

CHAPTER 14. - PERSONAL CANNABIS CULTIVATION[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 17-14, § I, adopted Dec. 5, 2017, changed the title of ch. 14 from Medical Marijuana Cultivation to Personal Cannabis Cultivation.

Sec. 10-14.010. - Authority, title, and findings.

Pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, and Government Code sections 25845 and 53069.4, the Board of Supervisors does enact this chapter, which shall be known and may be cited as the "Siskiyou County Personal Cannabis Cultivation Ordinance."

The Board of Supervisors finds and declares the following:

(a)

In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996").

(b)

The intent of the proposition was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere."

(c)

In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7 et seq., and referred to as the "Medical Marijuana Program") to clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location,

e qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location,

operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances.

(d)

Health and Safety Code section 11362.83, both as originally enacted, and as amended by Assembly Bill 1300, further recognize that counties and cities may also adopt and enforce any other ordinances that are consistent with the Medical Marijuana Program.

(e)

Local land use authority over marijuana cultivation was upheld by the California Court of Appeal in Browne v. County of Tehama (2013) 213 Cal. App. 4th 704. The court specifically held that "[n]either the Compassionate Use Act nor the Medical Marijuana Program grants … anyone … an unfettered right to cultivate marijuana for medical purposes. Accordingly, the regulation of cultivation of medical marijuana does not conflict with either statute." Similarly, in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court concurred that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land …".

(f)

The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes.

(g)

The County's unique geographic and climatic conditions, which include dense forested areas receiving substantial precipitation, along with the sparse population in many areas of the County, provide conditions that are favorable to marijuana cultivation. Marijuana growers can achieve a high per-plant yield because of the County's favorable growing conditions. The Federal Drug Enforcement Administration reports that

e geographic and climatic conditions, which include dense forested areas receiving substantial precipitation, along with the sparse population in many areas of the County, provide conditions that are favorable to marijuana cultivation. Marijuana growers can achieve a high per-plant yield because of the County's favorable growing conditions. The Federal Drug Enforcement Administration reports that

various types of marijuana plants under various planting conditions may yield averages of 236 grams, or about one-half (½) pound, to 846 grams, or nearly two (2) pounds. Based on law enforcement seizures, yields in the County have tended to be at the higher end of this range. The "street value" of a single cannabis plant is substantial. Pound prices for domestically produced high-grade cannabis sold illegally within Northern California can reach Two Thousand ($2,000.00) Dollars to Five Thousand ($5,000.00) Dollars. A single marijuana plant cultivated within the County can thus yield Four Thousand ($4,000.00) Dollars or more in salable marijuana.

(h)

Comprehensive regulation of premises used for marijuana cultivation is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical

fire hazards that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place.

(i)

As recognized by the Attorney General's August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

(j)

It is the purpose and intent of this chapter to implement state law by providing a means for regulating personal cannabis cultivation in a manner that is consistent with state law and which balances the needs of medical patients and their caregivers and promotes the health, safety, and welfare of the residents and businesses within the unincorporated territory of the County. This chapter is intended to be consistent with Proposition 215, Senate Bill 420, Proposition 64 and the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), as amended from time to time and towards that end, is not intended to prohibit

persons from exercising any right otherwise granted by state law. Rather, the intent and purpose of this chapter is to establish reasonable regulations upon the manner in which personal cannabis cultivation for medicinal or adult use may be undertaken in the unincorporated area of the County, including restrictions on the amount of cannabis that may be cultivated in any location or premises, in order to protect the public health, safety, and welfare in the County.

(k)

On November 8, 2016, the voters of California adopted Proposition 64. Proposition 64 allows the recreational possession and use of cannabis, as well as the personal cultivation of up to six (6) recreational cannabis plants per residence by adults age twenty-one (21) years and older. While a local jurisdiction may ban the outdoor cultivation of these plants, it may only reasonably regulate indoor cultivation of these plants as expressed in Health and Safety Code section 11362.2.

(l)

The limited immunity from specified state marijuana laws provided by the Compassionate Use Act and Medical Marijuana Program does not confer the right to create or maintain a public nuisance. By adopting the regulations contained in this chapter, the County will achieve a significant reduction in the aforementioned harms caused or threatened by the cultivation of marijuana in the unincorporated area of the County.

(m)

Attempts to use the general enforcement provisions of this Code to address illegal cultivation of marijuana have been ineffective and procedures specific to marijuana are necessary to address flagrant and pervasive illegal cultivation. The provisions contained in this chapter that are specific to enforcement of the Personal Cannabis Cultivation Ordinance are intended to address these concerns and more effectively address the

harms caused by noncompliant marijuana cultivation, while still accommodating the needs of legal adult users and medical patients and their caregivers.

(n)

While Code enforcement in the County has historically been complaint-driven, that has never been a precondition to the enforcement of this chapter. Further, the Board of Supervisors recognizes that persons affected by Code violations are frequently reluctant to file complaints, for fear of retaliation. Consequently, for purposes of clarity, no provision of this Code shall be construed to require a formal or informal complaint as a condition to enforcement of this chapter, or to prevent the enforcing officer from undertaking such enforcement on his or her own initiative.

(o)

Nothing in this chapter shall be construed to allow the use of cannabis, or allow any activity relating to cannabis, including the cultivation, distribution, or consumption of cannabis, that is otherwise illegal under state or federal law. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the Siskiyou County District Attorney, the Attorney General of State of California, or the United States of America.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 15-18, § I, 12-8-2015; Ord. No. 17-14, § II, 12-5-2017)

Sec. 10-14.015. - Local licensing.

(a)

This chapter establishes criteria and standards for personal, noncommercial, cannabis cultivation for medicinal or adult use to the extent authorized by state law. Personal cultivation in strict compliance with both this chapter and state law does not require a local license within the unincorporated area of the County.

(b)

The County shall not issue any license allowing mobile delivery of marijuana, and mobile delivery of marijuana is hereby prohibited as provided in Business and Professions Code section 19340.

(Ord. No. 15-18, § II, 12-8-2015; Ord. No. 17-14, § III, 12-5-2017)

Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:

"Church" means a building, together with its accessory buildings and uses, maintained and controlled by a body organized to conduct religious worship and used primarily for religious worship and related activities.

"Collective" means qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients who associate by agreement in order to cooperatively cultivate marijuana for

medical purposes. The term "collective" shall include "cooperative" unless the context clearly indicates otherwise.

"County Building Official" means the Deputy Director of Building for the Siskiyou County Community Development Department.

"Cultivation" means the planting and growing of one or more marijuana plant(s) or any part thereof.

"Department" means the Siskiyou County Community Development Department.

"Director" means the Director of the Siskiyou County Community Development Department.

"Enforcing officer" means the Director of the Siskiyou County Community, Development Department or the Sheriff, or the authorized deputies or designees of either, each of whom is independently authorized to enforce this chapter.

"Fence" means a barrier constructed of any materials or combination of materials of sufficient strength and dimension to prevent unauthorized entry. The term "fence" does not include bushes, hedgerows, plastic sheeting, cloth material (tarpaulins), or retaining walls.

"Greenhouse" means, for purposes of this chapter, an accessory structure to a residence located on the same premises, legally established with all required permits approved, secure from unauthorized entry and completely enclosed with one or more secure locking doors as the only means of ingress and egress, where plants are grown.

"Harvest" means the drying, processing, or storage of marijuana.

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code).

"Legally established residence" means a structure designed, approved, and maintained for permanent human habitation pursuant to Title 24 or Title 25 of the California Code of Regulations or constructed prior to adoption of the California Building Standards Code by the County of Siskiyou. "Legally established residence" does not include a structure that has been deemed substandard by the County Building Official or his/her authorized agents.

ture designed, approved, and maintained for permanent human habitation pursuant to Title 24 or Title 25 of the California Code of Regulations or constructed prior to adoption of the California Building Standards Code by the County of Siskiyou. "Legally established residence" does not include a structure that has been deemed substandard by the County Building Official or his/her authorized agents.

"Marijuana" or "cannabis" is used herein interchangeably and means any part of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" or "cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Marijuana" or "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Marijuana" or "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Outdoors" means any location that is not within a private residence or a fully enclosed and secure accessory structure or greenhouse as defined herein.

"Person" means any person, firm, company, corporation, partnership, association, public corporation, political subdivision, city, county, district in the County of Siskiyou, the State of California, or the United States of America, or any department or agency of any thereof, or other entity, which is recognized by law as the subject of rights or duties, unless this Code expressly provides otherwise.

"Premises" means a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

"Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling as defined in Health and Safety Code section 11362.2(b)(5).

"Property owner" means the owner or owners of the subject property, or his, her or their agent or agents, as shown on the last equalized assessment roll or as otherwise known.

"Public library" means a public facility in which literary, musical, artistic, or reference materials are kept for reading, reference or lending.

"Public park" means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

"Qualified patient" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7.

"Responsible party" means:

(1)

Each Person, other than a minor, who commits or causes a violation of any provision of this Code to occur, exist, or continue;

(2)

Each Person who is the parent or legal guardian of the minor person who commits or causes a violation of any provision of this Code to occur, exist, or continue;

(3)

Each Property owner or other Person who, although not a Property owner, nevertheless has a legal right or legal obligation to exercise possession and control over any parcel of real property located within the unincorporated area of the County of Siskiyou, commits, causes, or otherwise allows the violation of any provision of this Code to occur, exist, or continue on such parcel; and

(4)

In addition to the business entity itself, each Person who is an owner of that business entity in those cases in which the commission, occurrence, existence, or continuation of the violation of any provision of this Code is most reasonably attributable to that business entity and not to an employee of that business entity.

(5)

For purposes of notice and hearing on nuisance abatement, the term "Responsible party" shall mean the Property owner and occupant of the property that is subject to the nuisance abatement case.

"School" means a place for systematic instruction in any branch or branches of knowledge, including public, parochial and nonprofit elementary or secondary schools, attendance at which satisfies the requirements of the Compulsory Education Law (Education Code Section 48200 et seq.).

"Youth oriented facility" means elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a childcare center.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 15-18, § V, 12-8-2015; Ord. No. 15-19, § I, 12-8-2015; Ord. No. 1714, § IV, 12-5-2017; Ord. No. 20-08, § III, 5-19-2020; Ord. No. 20-11, § I, 6-16-2020)

(a)

The cultivation of marijuana on any premises in violation of this chapter is hereby declared to be unlawful and a public nuisance that is subject to abatement in accordance with this chapter, Chapter 5 of Title 1, and/or any other remedy available at law or equity.

(b)

Cultivation is prohibited on any parcel unless there is an occupied, legally established residence on the premises that is connected to an approved sewer system or to a County inspected and approved wastewater disposal system.

(c)

Cultivation within a residence or any other structure used or intended for human occupancy is prohibited.

(1)

Exemption for medicinal and personal use cultivation of six (6) or fewer plants within a private residence. The prohibition set forth in subsection (c), shall not apply to medicinal or personal use cultivation of six (6) or fewer living cannabis plants within a private residence, provided that (1) cultivation is limited to a single cultivation area no larger than one hundred (100) square feet; (2) the cultivation area is secured in a locked space that prevents unauthorized access by minors; and (3) cannabis cultivation is not visible from a public place.

(d)

Outdoor cultivation on any premises is prohibited.

(e)

Excepting as provided under subsection 10-14.030(c)(1), medicinal and personal use cultivation may only occur on a premises within a detached residential accessory structure to a single-family dwelling unit.

(f)

Accessory structures used for cultivation shall meet all of the following criteria:

(1)

The accessory structure shall be legally constructed with all applicable permits.

(2)

The accessory structure shall be secure from unauthorized entry.

(3)

If the accessory structure is a greenhouse, for security and visual screening purposes, it shall additionally be surrounded by a secure solid minimum six (6') foot high fence located within ten (10') feet of the greenhouse, and equipped with a lockable gate.

(g)

Cultivation within an accessory structure pursuant to subsection 10-14.030(e) shall not exceed twelve (12) cannabis plants on any premises, inclusive of plants cultivated in the associated single-family residence pursuant to subsection 10-14.030(c)(1).

(h)

Cultivation of marijuana in an accessory structure is prohibited on any premises located within the following areas:

(1)

Within one thousand (1,000') feet of a school, public park, public library, church, or youth-oriented facility. Distance shall be measured in a straight line from either (a) the nearest exterior wall of the indoor cultivation structure or (b) the nearest fence surrounding the greenhouse cultivation structure or from the nearest exterior wall of the greenhouse cultivation structure, whichever is closer, as applicable, to the nearest property line of the nearest school, public park, public library, church, or youth-oriented facility.

(2)

In any location where the marijuana plants would be visible from any public right-of-way or publicly traveled private roads at any stage of their growth.

(i)

All persons and entities engaging in the cultivation of marijuana shall:

(1)

Have a legal water source on the premises;

(2)

Not engage in unlawful or unpermitted surface drawing of water for such cultivation; and/or

(3)

Not permit illegal discharges of water from the premises.

(j)

Marijuana cultivation shall not adversely affect the environment or the public health, safety, or general welfare by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of plant or animal poisons, or hazardous materials, processes, products or wastes, or by any other way.

(k)

No person owning, leasing, occupying, or having charge or possession of any parcel or premises within the County shall cause, allow, suffer, or permit such premises to be used for the cultivation of marijuana in violation of this Code.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 15-18, § VI, 12-8-2015; Ord. No. 15-19, § II, 12-8-2015; Ord. No. 17-14, § V, 12-5-2017)

Secs. 10-14.040, 10-14.050. - (Repealed).

Editor's note— Ord. No. 17-14, §§ VI, VII, adopted Dec. 5, 2017, repealed §§ 10-14.040 and 10-14.050, which pertained to exceptions and residency requirements, and derived from Ord. No. 15-04, § I, adopted Apr. 7, 2015.

Sec. 10-14.060. - Environmental protection.

(a)

The unlawful or unpermitted surface drawing of water for cultivation is prohibited.

(b)

The discharge of contaminated water from the premises is prohibited.

(c)

All chemicals used in the cultivation and/or harvest of marijuana shall be used, stored, and disposed of pursuant to applicable laws and regulations.

(d)

All power sources, electrical fixtures, and electrical conveyances used in the cultivation and/or harvest of marijuana shall be installed, connected, and maintained pursuant to applicable laws and regulations.

(e)

If a generator is used for any purpose related to the cultivation, harvest, or processing of marijuana, said generator shall be located at least one hundred (100') feet from all property lines and generate noise levels not exceeding forty-five (45) dB at the nearest property line.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 17-14, § VIII, 12-5-2017)

Sec. 10-14.070. - (Repealed).

Editor's note— Ord. No. 17-14, § VIII, adopted Dec. 5, 2017, repealed § 10-14.070, which pertained to medical marijuana collectives, and derived from Ord. No. 15-04, § I, adopted Apr. 7, 2015.

Nothing in this chapter shall be construed as a limitation on the county's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building.

(Ord. No. 15-04, § I, 4-7-2015)

Sec. 10-14.090. - Enforcement.

Notwithstanding any other provision of this Code, this section may be used to enforce the provisions of this chapter.

(a)

Abatement—Initiation of Proceedings. The Board of Supervisors on its own motion or an enforcing officer may invoke the provisions of this chapter in lieu of or in addition to instituting civil enforcement proceedings or a criminal prosecution as to any violation of this chapter that has occurred or is occurring or as to any other related nuisance.

(b)

Notice. Any and all notices, findings and orders required by this chapter may be served by any of the following methods:

(1)

By personal service on the Responsible party.

(2)

By first class and certified mail, postage prepaid, return receipt requested, to the Responsible party at the address shown on the last available equalized secured property tax assessment roll for the property on which the violation occurred or exists, or any other address of each Responsible party otherwise known to the Enforcing officer, and by posting in a prominent and conspicuous place on the property at which the violation occurred or exists or abutting public right-of-way; however, if access is denied because a common entrance to the property is restricted by a locked gate or similar impediment, the property may be posted at that locked gate or similar impediment. Service by certified mail and posting shall be deemed complete on the date a notice, finding, or order has been both mailed and posted as set forth herein, a return receipt is not required.

(c)

Except as to an act or condition that constitutes an immediate threat to public health or safety, or where, pursuant to Section 10-14.100(c) an administrative fine may be imposed concurrently and immediately, every abatement notice issued under this section shall permit the owner or possessor of the site upon which the nuisance exists at least five (5) calendar days in which to voluntarily abate the nuisance.

(d)

Every notice of abatement issued under this section shall state:

(1)

The act or condition which constitutes the nuisance or violation;

(2)

Any provision of this chapter, or any other provision of the Siskiyou County Code, deemed to have been violated by the commission of the act or the existence of that condition;

(3)

The maximum amount of time for voluntary abatement of the nuisance;

(4)

The name, address and telephone number of the person who caused the notice to be served;

(5)

The amount and basis for any administrative fine or penalty to be imposed as such fine or penalty is set forth in this chapter or in any other part of the Siskiyou County Code;

(6)

For a second or subsequent notice issued under this chapter that identifies the same, ongoing violations, the second or subsequent notice may additionally include:

i.

The total number of days between the prior notice and the present notice of each continuing identified violation;

ii.

The amount of fine, per day, being imposed for the identified violation;

iii.

The total amount of fine imposed based on subsections (a) and (b) for the identified violation of this chapter or any other part of the Siskiyou County Code;

(7)

an admonishment that the County may seek recovery of its costs of investigation, enforcement, and abatement pursuant to Chapter 5 of Title 1;

(8)

an order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the notice; and

(9)

The time within which the owner or possessor of the site may request a hearing before the Board of Supervisors or any person or body authorized to hear the matter on its behalf, and that if so requested, a hearing will be held as provided in subsection (f).

The failure of any person to receive a notice given pursuant to this subsection (b) shall not constitute grounds for any court to invalidate any subsequent action by the County or any of its officers, agents or employees to abate the nuisance.

(e)

Demand for Hearing.

(1)

If the owner or possessor of the site demands a hearing within the time set forth in subsection (e)(2), the Board of Supervisors or the person or body authorized to hear the matter on behalf of the Board shall set the matter for hearing to be held pursuant to subsection (f). If no demand for a hearing is made within the time provided in the abatement notice, the Board of Supervisors or the person or body authorized to act on its behalf may set the matter for hearing to be held pursuant to subsection (f) whenever a hearing is deemed necessary to substantiate the need for abatement by the County or the public interest will be served. The Board of Supervisors or the person or body authorized to act on its behalf may dispense with a public hearing and elect to proceed under the provisions of subsection (g) if it determines that a sufficient factual basis exists to warrant abatement by the County.

(2)

Any recipient of a notice to abate may contest the factual or legal grounds of the notice by completing a Request for Hearing form and returning it to the Director of the Department that issued the notice within ten (10) days from the date the notice was served.

(3)

The failure of a Responsible party to file an appeal in accordance with the provisions of this section shall constitute a waiver of the Responsible Party's rights to administrative determination of the merits of the notice to abate and the amount of any associated penalty or fine. If no appeal is filed, or if the appeal is abandoned in writing, or by a failure to appear at a hearing without being excused, the notice to abate shall be deemed a final administrative order, a forfeiture of any penalty or fine, and a failure to exhaust the Responsible party's administrative remedies.

(f)

Hearing Procedures.

(1)

The enforcing officer with jurisdiction to cause the abatement of the alleged nuisance shall first describe the acts or conditions constituting a nuisance and the basis for any administrative fine or penalty to be imposed, and shall then present evidence specifically addressing the grounds set out in the notice of abatement. Thereafter, the objector may present evidence to refute the enforcing officer's allegations.

(2)

A hearing held under this subsection shall be conducted pursuant to rules of procedure adopted or approved by the Board of Supervisors. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this chapter except to the extent that the Board of Supervisors otherwise provides by rule of procedure. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(3)

At the conclusion of the hearing, the Board of Supervisors or the person or body authorized to act on its behalf shall determine, based on the evidence before it:

(i)

Whether the acts or conditions specified in the notice of abatement exists;

(ii)

Whether those acts or conditions constitute a nuisance;

(iii)

If a nuisance is determined to exist, whether it should be abated by the county;

(iv)

If a nuisance is determined to exist, or to have existed when the notice of violation was given, whether a fine or penalty shall be imposed, and the amount thereof; and

(v)

If a nuisance is determined to exist, any civil administrative penalty that will be assessed pursuant to section 10-14.100.

(4)

If the Board or person or body authorized to act on its behalf finds that the alleged nuisance does exist and should be abated, abatement of the nuisance shall be ordered. An order to abate a nuisance is final immediately, unless the order or a provision of this code expressly provides otherwise.

(g)

Abatement by Owner or County. A copy of the written findings of fact and order of abatement shall be served personally or by mail upon all persons upon whom the notice of abatement was served. The order may direct that any occupancy, use or activity cease immediately if its existence or continuation is found to be an immediate threat to health or safety. Otherwise, abatement shall be commenced by the owner within five (5) calendar days of the service of the findings of fact and the order, or any longer period provided in the order, and shall continue with reasonable diligence until complete. If the work is not commenced and completed in that manner, the enforcing officer or other designated county officer or employee shall proceed to abate the nuisance. The cost of abatement, including, but not limited to, the costs of inspection, actual work done, and the abatement proceedings, shall constitute the cost of the abatement within the meaning of Government Code section 25845 and may be specially assessed against the parcel of land upon which the abatement occurs as provided in that section. The cost of abatement may also be recovered in a civil action brought by the county to abate any existing nuisance or to enjoin any pending or threatened violation of this Code.

(h)

Nonexclusive Remedy. This section is an alternative to and does not supersede any other provision of law that authorizes a nuisance to be abated or enjoined.

(Ord. No. 15-18, § III, 12-8-2015; Ord. No. 20-08, § IV, 5-19-2020; Ord. No. 20-11, § II, 6-16-2020)

Sec. 10-14.095. - Abatement by responsible party or property owner.

(a)

Any responsible party or property owner may abate the unlawful marijuana cultivation or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer. A responsible party or property owner abating unlawful marijuana cultivation hereunder shall notify the enforcing officer upon completion of abatement and shall provide evidence that the unlawful marijuana cultivation has been lawfully disposed of or lawfully relocated to another premises in compliance with this chapter or outside the county. Evidence of abatement may include, but is not limited to, leaving cut plants

in place as directed by the enforcing officer so as to allow inspection of the cuttings by the enforcing officer prior to disposal or relocation of the cuttings. Abatement shall not be deemed completed until evidence of the abatement, as provided in the directions of the enforcing officer, is verified by an enforcing officer.

(b)

Failure of the responsible party or property owner to provide evidence of abatement in the method directed by the enforcing officer shall be subject to a fine of five thousand and no/100ths dollars ($5,000.00) for cultivations in the size of thirteen (13) cannabis plants or more.

(Ord. No. 21-03, § II, 3-16-2021; Ord. No. 21-05, § I, 4-6-2021; Ord. No. 21-19, § I, 12-7-2021)

Sec. 10-14.100. - Administrative civil penalties.

In addition to any other remedies provided by this Code or State law, there is hereby imposed the following civil penalty for each violation of this chapter and/or each violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements as a result of, or to facilitate, unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required, as imposed by the enforcing officer:

(a)

Where a reasonable period of time to correct or remedy the violation prior to imposition of the penalty has been provided, up to five thousand dollars ($5,000.00) per day per violation for each day that the violation continues.

(b)

The enforcing officer shall have the sole and exclusive discretion to impose the civil penalties set forth in this section. The enforcing officer shall not impose a penalty set forth in this section, unless the enforcing officer's department has established a written policy setting forth how civil penalties are determined. Such policy may take into account the facts and circumstances of the violation including, but not limited to, whether or not the violation poses a threat to human health, safety or to the environment; the seriousness or gravity of the violation; the length of time the violation has existed; the culpability of the person in violation or the willfulness of the violation; the sophistication of the persons creating or causing the violation; the extent of the violation and its effect on adjoining properties; attempts, if any, to comply with the applicable ordinances; and any other information which might be relevant to the determination of penalty to be imposed by this section.

(c)

Immediate imposition of penalty or fine.

(1)

Pursuant to Government Code Section 53069.4(a)(2)(8), or as that section may be amended from time to time, commercial cannabis activity undertaken without a license as required by Division 10 (commencing with Section 26000) of the Business and Professions Code is declared to be a public nuisance and the enforcing officer may immediately impose a civil penalty for the violation of zoning restrictions or building,

plumbing, electrical or other similar structural, or health and safety requirements if the violation exists as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. When civil penalties are immediately imposed the penalties shall be limited up to one thousand dollars ($1,000.00) per day per violation, not to exceed ten thousand dollars ($10,000.00) per day, for each day the violation(s) continues.

as a result of, or to facilitate, the unlicensed cultivation, manufacturing, processing, distribution, or retail sale of cannabis for which a license is required. When civil penalties are immediately imposed the penalties shall be limited up to one thousand dollars ($1,000.00) per day per violation, not to exceed ten thousand dollars ($10,000.00) per day, for each day the violation(s) continues.

A civil penalty imposed under this subsection shall be imposed upon the property owner and, if any, upon each owner of the occupant business entity engaging in unlicensed commercial cannabis activity. The property owner and each owner of the occupant business entity, if any, shall be held jointly and severally liable for the civil penalty. If the Responsible party abates the nuisance or violation within the voluntary time period provided on the notice to abate, the director of the enforcing Department may cancel the civil penalty.

(2)

Exception to immediate imposition of penalty or fine. Pursuant to Government Code § 53069.4(a)(2)(E) prior to the imposition of administrative fines or penalties, the enforcing officer shall provide for a reasonable period of time, no longer than five (5) days from the time and date of notice, to correct the violation after considering the circumstances of the case, if all of the following are true:

(i)

A tenant is in possession of the property that is the subject of the administrative action.

(ii)

The rental property owner or agent can provide evidence that the rental or lease agreement prohibits commercial cannabis activity.

(iii)

The rental property owner or agent did not know the tenant was engaging in unlicensed commercial cannabis activity and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlicensed commercial cannabis activity.

(e)

Interest. Any administrative fine and penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the thirtieth day after the penalty becomes a final decision or order.

(f)

Right to Judicial Review. Pursuant to Government Code § 53069.4, within twenty (20) days after service of the final order or decision pursuant to the hearing held under subsection (d), a person contesting the final administrative order or decision may seek review by filing an appeal with the Superior Court.

(g)

Enforcement and Collection of Fines. The County may collect any past due fine or late payment charge, and may also recover its collection costs, by use of all available legal means. The failure of any person to pay a fine assessed under this chapter, or a late payment charge or collection costs related to a notice to abate, by the due date shall constitute a debt to the County. The County may seek payment of the debt by use of all available legal means, including, but not limited to, the following:

(1)

The county may refer the debt for collection.

(2)

The County may file a civil action in the Superior Court or the Small Claims Court to recover the debt including, but not limited to, the remedies of money judgment or foreclosure.

(Ord. No. 15-18, § IV, 12-8-2015; Ord. No. 20-08, § V, 5-19-2020; Ord. No. 20-11, § III, 6-16-2020; Ord. No. 23-12, § I, 12-5-2023; Ord. No. 24-02, § I, 2-6-2024)