Siskiyou County Municipal Code Ch. 5 Citation Procedure

Footnotes:

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Editor's note— Ord. No. 15-07, § II, adopted May 19, 2015, amended Ch. 5 in its entirety to read as herein set out. Former Ch. 5, §§ 1-5.01—1-5.31, pertained to similar subject matter, and derived from Ord. 344, §§ 1—15; and Ord. 95-15, eff. Aug. 10, 1995.

(a) Purpose. The Board of Supervisors has determined that the enforcement of the Codified Ordinances of the County of Siskiyou (also known as the Siskiyou County Code or Code) is an important public service and vital to the protection of the public's health, safety, and quality of life. Each and every violation of this Code is hereby declared unlawful and may be abated pursuant to the provisions of this chapter.

(b) Remedies. Recognizing that different code violations can best be resolved by different methods, the Board of Supervisors has determined that it is in the County's best interest to establish alternative methods of enforcing the Siskiyou County Code. At the discretion of the County, violations of this Code may be resolved through a Criminal, Civil, Administrative and/or Nuisance Abatement procedure as set forth in this chapter. All remedies and penalties provided for by this chapter shall be cumulative, may be pursued individually or concurrently, and not exclusive of other applicable provisions of the Siskiyou County Code and/or other applicable State or Federal law.

(c) Duty to Enforce. In recognition of the complexity and the demand on staffing that the enforcement of the Siskiyou County Code has on limited County resources and staffing levels, the County reserves the right to prioritize its code enforcement activities on any such factor it determines appropriate including, but not limited to: whether the violation is an immediate threat to the public health and safety; the degree and extent of the violation; the public impact of the violation; and the perseverance of the violation. Nothing in this chapter shall impose the requirement to enforce each and every violation of the Siskiyou County Code, and neither the Enforcement Officer nor the County of Siskiyou shall be held liable for any lack of enforcement action.

(Ord. No. 15-07, § II, 5-19-2015)

All persons authorized to enforce the provisions of this Code are authorized to enter upon property or premises within the unincorporated areas of the County of Siskiyou to investigate violations of this Code and to make any inspection and documenting such inspections as may be necessary in the performance of their enforcement duties. All such entries and inspections shall be done in a reasonable manner at the consent of the owner, lawful occupant, or the respective agent, employee, or representative thereof. If such consent to the entry and/or inspection is not given, the County may seek other means to gain legal access to said property.

(Ord. No. 15-07, § II, 5-19-2015)

Each and every day, and any portion of which, any violation of this Code (or of the provisions of any code adopted and incorporated by reference by this Code) is committed, continued, or permitted, shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this chapter.

(Ord. No. 15-07, § II, 5-19-2015)

For the purposes of this chapter, certain words are defined as follows:

"Administrative Citation." A citation issued pursuant to and complying with the requirements of this chapter which, in general, will state that one or more violations of this Code has occurred, will state the amount of any administrative penalties and costs to be paid by the Responsible Party, and will state any corrective action necessary to obtain compliance.

"Administrative Costs." All costs incurred by or on behalf of the County from the first discovery of the violation of this Code through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, correspondence, travel costs, and equipment and material costs. Administrative Costs shall not include attorney's fees.

"Administrative Order." Shall mean an Administrative Citation and/or a Notice and Order to Abate issued pursuant to the provisions of this chapter.

"Hearing Officer." The Board of Supervisors authorizes the appointment and use of Hearing Officers to conduct hearings on Administrative Orders issued pursuant to this Chapter and to make final orders and decisions thereon. Hearing officers shall be licensed attorneys of the State Bar of California in good standing and shall have been admitted to practice before the courts of this state for at least five (5) years.

"Codified Ordinances of the County of Siskiyou, Siskiyou County Code," and this "Code." The Codified Ordinances of Siskiyou County, including all pertinent provisions of State laws as from time to time adopted and incorporated therein, enacted by the Board of Supervisors of the County of Siskiyou, acting pursuant to authority granted under Government Codes and other applicable law.

"County." Siskiyou County and, as it is also known, the County of Siskiyou, a political subdivision of the State of California.

"Enforcement Officer." The following County employees hereby defined as Enforcement Officers are authorized to enforce the appropriate provisions of the Siskiyou County Code, and are hereby authorized to issue citations for violations of the provisions of this Code, which they have the duty to enforce:

(1) The Deputy Directors of the Planning, Building and Environmental Health Divisions of the Community Development Department;

(2) Each Building Inspector of the Building Division of the Community Development Department;

(3) Each Assistant, Associate and Senior Planner of the Planning Division of the Community Development Department and the Department's Code Enforcement Officers;

(4) Each Environmental Health Inspector of the Environmental Health Division of the Community Development Department;

(5) The Community Development Director of the Community Development Department;

(6) The Fire Warden and Deputy Fire Warden appointed by the County;

(7) The Agricultural Commissioner, each Animal Control Officer, and Air Pollution Control Officers;

(8) The Sheriff and each Deputy Sheriff;

(9) The Public Works Director and Deputy Director of the Public Works Department; and

(10) Any other designated employee of a County department as designated by the County Administrative Officer.

"Lien Accounting Hearing Board." Shall mean the person or body authorized by the Board of Supervisors to conduct hearings and provide recommended rulings to the Board of Supervisors on the accounting of costs associated with the investigation, enforcement, and collection of Administrative Orders (Administrative Citations and/or Notices and Orders to Abate).

"Notice and Order to Abate." A citation issued pursuant to this chapter which, in general, will state that one or more public nuisances exists, will state the amount of penalties and administrative costs, and will order the abatement of said nuisances.

"Peace Officers." Any person who is defined by Part 2 (Criminal Procedure), Title 3 (Additional Provisions regarding Criminal Procedure), Chapter 4.5 (Peace Officers) of the California Penal Code as a Peace Officer, including, but not limited to, the Sheriff or Deputy Sheriffs of Siskiyou County. A Peace Officer is also defined as an Enforcement Officer but only those Enforcement Officers meeting the definition of Part 2, Title 3, and Chapter 4.5 are also Peace Officers.

"Permit." As used in this chapter shall mean a discretionary or non-discretionary approval of an application, permit and/or variance by Siskiyou County staff members or appointed or elected officials based on submitted plans, specifications, narrative, and any other representation submitted by a project applicant describing the project under which they are seeking approval to undertake the described action.

"Person." Shall mean and include 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.

"Property Owner." As used in this Chapter shall mean 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;

"Occupant." As used in this Chapter shall mean anyone reasonably known to the Enforcement Officer to be in possession, control, or having charge of the subject property other than the Owner.

"Responsible Party." For the purpose of this chapter and except as otherwise specified by this Code, Responsible Party shall mean:

(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 person who has a legal or equitable ownership interest in any parcel of real property located within the unincorporated area of the County of Siskiyou and who commits, causes, or otherwise allows the violation of any provision of this Code to occur, exist, or continue on such parcel;

(4) Each person who, although not an 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 who commits, causes, or otherwise allows the violation of any provision of this Code to occur, exist, or continue on such parcel; and

(5) 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.

(6) For purposes of notice and hearing on nuisance abatement, Responsible Party shall mean the Property Owner and Occupant of the property that is subject to the nuisance abatement case.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § I, 8-7-2018)

(a) Violation Defined. It is unlawful for any person to violate any provision of this Code. Any person committing such violation shall be deemed guilty of a misdemeanor or an infraction as follows:

(1) Misdemeanor Violations. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor pursuant to Section 1-2.01(a) and upon conviction shall be subject to fines and/or imprisonment in the County jail pursuant to said section.

(2) Infraction Violations. Notwithstanding the foregoing, a Code Enforcement Officer or Peace Officer shall have the authority to issue an infraction citation when, in the judgment of the Officer, factors warrant the issuance of an infraction citation rather than a misdemeanor citation. Where so enforced, or where specified by the Code as an infraction, each violation shall be punishable, except as otherwise provided herein, upon conviction or upon a plea of nolo contendere (commonly called "no contest") by a fine not exceeding One Hundred and no/100ths ($100.00) Dollars for a first violation; a fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second violation of the same ordinance within one year; and a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for each additional violation of the same ordinance within one year.

During the pendency of any legal proceeding commenced pursuant to this Code, a misdemeanor may, in the interest of justice, and in the discretion of the prosecuting attorney, be reduced to an infraction at any time during the criminal case.

Violations of building and safety codes cited, charged, and prosecuted as infractions shall be punishable by a base fine of One Hundred and no/100ths ($100.00) Dollars for a first conviction; a base fine of up to Five Hundred and no/100ths ($500.00) Dollars for a second conviction of the violation of the same Code Section within one year; and a base fine of up to One Thousand and no/100ths ($1,000.00) Dollars for each additional conviction of the violation of the same Code Section within one year of the date of the first conviction.

(3) Permit Compliance. Each person or the successor to each person who holds a ministerial or discretionary permit or a variance issued by the County shall comply with each requirement or provision of the permit imposed as a condition to the exercise of the permit. It is unlawful, prohibited and a violation of this subdivision to violate any term or condition of any permit or approval granted or issued pursuant to this Code. Any person violating any such term or condition shall be subject to the penalties under Section 1-5.09(a). A person who violates or fails to comply with each provision of the permit and with each term imposed as a condition to the exercise of the permit is guilty of an infraction.

(4) Continuing Infraction Violations. Any violation which may be otherwise charged and punishable as an infraction may be charged and punishable as a misdemeanor if the defendant has been convicted of two (2) or more violations of the same provisions of this Code within the twelve (12) month period immediately preceding the commission of the current violation. For purposes of this subsection, a bail forfeiture or a plea of nolo contendere shall be deemed to be a conviction.

(b) Maximum Fine. The maximum fines imposed in this Section for an infraction violation are based upon the provisions of Government Code § 25132 and will be increased automatically and without amendment to this Section upon any amendment to Government Code § 25132 increasing the amount of fines permitted. Any court costs that the court may otherwise be required to impose pursuant to applicable State law or local ordinance shall be imposed in addition to the base fine.

(c) The payment of any fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the County.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § II, 8-7-2018)

This section establishes procedures for the recovery of Administrative Costs incurred by the County in the enforcement process for the abatement or correction of any violation of this Code for which a Notice to Comply or Administrative Order has been issued.

Administrative Costs shall not be charged in cases where the Responsible Party voluntarily corrects the violations within the time frame specified in any Notice to Comply, or Administrative Order, or where an Administrative Order is not upheld through the Administrative Order hearing process.

a. Definition of Costs: For the purpose of this chapter, administrative costs shall mean all costs, including but not limited to, the staff time expended and reasonably related to the enforcement action incurred during the investigation, site inspection and monitoring, preparation of reports and correspondence, and meetings with affected parties, the costs of all mailings, the costs of all office supplies, and all travel costs. Staffs costs shall be based on the hourly productive rate, determined by the County Auditor, for each County staff member involved in the applicable code enforcement action.

b. Cost Accounting and Recovery Required: The Enforcement Officer shall maintain an accounting of all administrative costs incurred by the County associated with the enforcement action processed pursuant to this chapter.

c. Notice of Cost Recovery Requirements: The Enforcement Officer shall include in the Notice to Comply a statement of the intent of the County to charge the Responsible Party for all Administrative Costs associated with the enforcement action if voluntary compliance is not achieved prior to the issuance of an Administrative Order. The statement of intent shall also include notification to the Responsible Party that such costs will include all costs leading up to the Notice to Comply, all costs associated with the issuance of the Administrative Order, all costs associated with any hearing process, all post hearing costs associated with enforcing any hearing order, and all costs associated with the collection of all fines and costs.

d. The payment of any administrative costs shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the County.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § III, 8-7-2018)

(a) Enforcement Officers, Peace Officers.

(1) Notices to Appear. Whenever a person is arrested for any violation of any ordinance of the County or of any provision of this Code not declared to be a felony by another law of the State, and he is not immediately taken before a magistrate, the arresting officer shall prepare, in triplicate, a written notice to appear either in court or before a person authorized to receive a deposit of bail. The notice shall contain the name and address of the person, the offense charged, and the time and place when and where he shall appear.

(2) Notices to Appear: Specification of Time. The time specified in the notice to appear shall be at least ten (10) days after the arrest.

(3) Notices to Appear: Specification of Place. The place specified in the notice to appear shall be either:

(A) Before a magistrate within the County who has the jurisdiction of the offense which is alleged to have been committed and is nearest or most accessible with reference to the place where the arrest is made; or

(B) Before a person authorized to receive a deposit of bail.

(4) Person Authorized to Receive Bail. The Clerk and Deputy Clerks of the justice courts and keepers of jails within the County are hereby authorized to receive bail in accordance with a schedule of bail approved by the judges of such courts.

(5) Promise to Appear: Release from Custody. The arresting officer shall deliver one copy of the notice to the arrested person, and the arrested person, in order to secure the release, must give his written promise to appear in court or before a person authorized to receive a deposit of bail by signing two (2) copies of the notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(6) Notice to Appear: Additions to Copies Unlawful. When the arresting officer delivers a notice to appear charging a violation of any ordinance of the County or of any provision of this Code to any person, it shall include all information set forth upon the copy of the notice filed with the magistrate, and the arresting officer shall not set forth on any notice filed with the magistrate, or attach thereto, or accompany the notice with any written statement giving information or containing allegations which have not been delivered to the person receiving the notice to appear.

(7) Notice to Appear: Filing. The arresting officer shall, as soon as practicable, file a copy of the notice with the magistrate or before the person authorized by the magistrate or judge to receive the deposit of bail specified therein, and a copy shall be filed with the chief of police, sheriff or other supervising officer of the arresting officer.

(8) Appearance by Counsel. A written promise to appear in court may be complied with by an appearance by counsel.

(9) Violation of Promise to Appear. Any person willfully violating his written promise to appear in court, or before a person authorized to receive a deposit of bail, shall be guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(10) Deposit of Bail. The defendant may, prior to the date upon which he promised to appear, deposit bail with the magistrate or the person authorized to receive a deposit of bail.

(11) Amount of Bail. If bail has not been previously fixed and approved by the judges of the court in accordance with the schedule of bail, the magistrate shall fix the amount of bail which, in his judgment, in accordance with Section 1275 of the Penal Code of the State, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815a of said Penal Code.

(12) Forfeit of Bail. If, at the time the case is called for arraignment before the magistrate, the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, in his discretion, order that no further proceedings be had in the case. Upon the making of the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County treasury.

(13) Formal Complaint: Use of Notice to Appear. Whenever a written notice to appear has been prepared, delivered and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead guilty.

If the defendant violates his promise to appear in court, or does not deposit lawful bail, or pleads other than guilty of the offense charged, a complaint shall be filed which shall conform to law and which shall be deemed to be an original complaint. Thereafter proceedings shall be had as provided by law, except that the defendant may, by an agreement in writing, subscribed by him and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon written notice to appear.

(14) Warrant of Arrest: Use of. No warrant shall issue on the charge for the arrest of a person who has given his written promise to appear in court or before a person authorized to receive a deposit of bail unless he has violated the promise, has failed to deposit bail, has failed to appear for arraignment, trial or judgment, or has failed to comply with the terms and provisions of the judgment as required by law.

(15) Warrant of arRest: Issuance of.

(A) When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear before the magistrate, or if the person promises to appear before an officer authorized to accept bail other than the magistrate and fails to do so on or before the date on which he promised to appear, then within twenty (20) days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(B) When a person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to a magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(16) Citation Procedure Not Mandatory. The provisions of this chapter shall not be interpreted as making the within procedure mandatory upon arresting Peace Officers, but the procedure authorized by this chapter shall be discretionary at the option of the arresting Peace Officer. The arresting Peace Officer shall continue to have the authority granted by law as an alternative procedure to the powers granted by the provisions of this chapter and Penal Code §§ 853.5 and 853.6.

(b) Enforcement Officers, Non-Peace Officers.

(1) Notices Required.

(A) Unless otherwise expressly provided, the Enforcement Officers shall be responsible for the initial investigation to determine whether or not a violation of any provisions of the Code for which they have responsibility to administer or enforce exists.

(B) Following such investigation, the Code Enforcement Officer shall first issue a written warning notice (Notice to Comply) giving the Responsible Party a reasonable period of time to correct the violation after considering the circumstances of the case, except that at least seven (7) days shall be allowed from the time and date of the warning for correction of the Code violation. The warning notice shall include:

(i) That the Responsible Party is in violation of such Code Section(s) as is applicable;

(ii) That the violation shall be abated by the Responsible Party by specified action;

(iii) That unless such violation is so abated within the specified time, the Responsible Party shall be issued a citation to appear (Notice to Appear) in court for said violation and for failing to comply with the Notice to Comply;

(iv) That upon conviction of said violation and/or for failing to comply with Notice to Comply, penalties shall be imposed in addition to any other fees, and a notice of violation recorded in accordance with the chapter.

(C) In the event of noncompliance with the Notice to Comply, said Enforcement Officer is authorized to issue a Notice to Appear in court for said violation and for failing to comply with said Notice to Comply. The Enforcement Officer shall request the alleged violator, if present, and the alleged violator shall be required to, present his or her driver's license or other satisfactory evidence of his or her identity for examination.

(D) The Notice to Comply issued hereunder shall be personally served on the Responsible Party or mailed by first class mail in a sealed envelope with postage thereon fully paid and addressed to the Responsible Party at his or her last known address.

(2) Reinspection. Following the issuance of the Notice to Comply and prior to issuing the Notice to Appear, an Enforcement Officer shall conduct a reinspection to determine whether the violation has been abated or continues. In those cases where the violation continues, an Enforcement Officer may issue a Notice to Appear in court for said violation and for failing to comply with said voluntarily compliance warning notice. The Notice to Appear shall state a time and date and place at which the Responsible Party shall appear in court to answer the charges stated in the Notice to Appear. The appearance date shall be at least ten (10) days after the date of the citation.

(3) Exceptions. Notwithstanding the provisions herein, no notice need be given, and an Enforcement Officer is authorized to immediately issue a Notice to Appear when there is a reasonable basis to believe that the violation constitutes a threat to the health and safety of any person or persons, including that of the Responsible Party, or to property; or the Responsible Party may not remain in the County, or may otherwise be difficult to locate at a later time.

(4) Failure to Comply with the Notice to Comply. It shall be an infraction for any violator to refuse or fail to comply with a Notice to Comply issued to him or her pursuant to the provisions herein. This infraction may be processed as a separate violation of this Code.

(5) Public Nuisance. Any violation that continues beyond the date of compliance set forth in a Notice to Comply issued pursuant to the provisions herein is hereby declared to be a public nuisance and as such may be abated in the manner prescribed by the chapter.

(6) The Enforcement Officer shall not take or attempt to take anyone into custody for refusing to present satisfactory evidence of his or her identity or refusing to sign a Notice to Appear. In such cases, the Enforcement Officer may file the citation with the appropriate court as a complaint pursuant to Penal Code § 853.9(b), may request the assistance of the Sheriff's Department, or law enforcement agency which has jurisdiction, or may request the District Attorney or County Counsel to prepare and file a complaint with the appropriate court.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § IV, 8-7-2018)

(a) Injunctive Relief and Abatement. At the request of any person authorized to enforce this Code, the County Counsel or District Attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this Code and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs.

(b) Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this Code shall be liable for a civil penalty not to exceed One Thousand and no/100ths ($1,000.00) Dollars per misdemeanor or building and safety code violation and shall be liable for a civil penalty not to exceed Five Hundred and no/100ths ($500.00) Dollars per infraction violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred or was repeated; the assets, liabilities, and net worth of the violator; whether the violator is a corporate entity or an individual; and any corrective action taken by the violator.

(c) Attorney's Fees and Costs of Enforcement. In any action to abate a nuisance in which the county elects, at the initiation of the action, to seek recovery of its own attorneys' fees, the prevailing party may recover attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § V, 8-7-2018)

(a) Authority. To the extent otherwise consistent With law, all violations of any provision of this Code, Titles 1 through 10, inclusive, and hereinafter to include any and all additional titles as may be enacted and adopted by the Siskiyou County Board of Supervisors are subject to enforcement through the use of Administrative Citations in accordance with Government Code § 53069.4 and this section. Administrative citations imposing administrative fines or penalties may be issued for any violation of this Code in accordance with the following procedures.

(b) Notices Required.

(1) Notice to Comply. Whenever an Enforcement Officer charged with the enforcement of any provision of the Code determines that a violation of that provision has occurred, the Enforcement Officer may issue a warning of Administrative Citation to a Responsible Party. A warning shall be served as a prerequisite to the issuance of a first Administrative Citation and may be known as a Notice to Comply. The warning shall identify the Code section(s) violated and provide a description of the violation and how it can be corrected. The warning shall specify a time and date by which the violation shall be corrected, after which an Administrative Citation may be issued if the violation is not fully corrected. The Enforcement Officer shall provide for a reasonable period of time to correct the violation after considering the circumstances of the case, except that at least seven (7) days shall be allowed from the time and date of the warning for correction of the Code violation. A Notice to Comply shall not be required before the issuance of a second or subsequent Administrative Citation for a continuing or repeated violation.

(2) Direct Citation. Notwithstanding any other provision of this Chapter, no Notice to Comply is required, and an Administrative Citation may be issued directly forthwith by the Code Enforcement Officer, where any of the following circumstances exist:

i. Where the violation does not pertain to building, plumbing, electrical, or other similar structural or zoning issues;

ii. Where the violation creates an immediate danger to health or safety; or

iii. Where the violation is a continuing or repeated violation for which a warning and first Administrative Citation has already been issued to the Responsible Party.

(c) Content of Administrative Citation. The Administrative Citation shall be issued on a form approved by the County Counsel. Administrative Citations shall contain the following information:

(1) The name and mailing address of the Responsible Party;

(2) The date(s), approximate time(s), and location that the violation was observed;

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

(4) A description of the action(s) required to correct the violation(s);

(5) The amount of the fine for the Code violation(s);

(6) A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

(7) An order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the Administrative Citation;

(8) A statement of appeal rights, including the time within which the citation may be contested and the place to obtain a Request for Hearing form to contest the Administrative Citation;

(9) The printed name, department, and the signature of the Enforcement Officer and the signature of the Responsible Party if it can be reasonably obtained during the service of the Administrative Citation as set forth in this chapter;

(10) A statement of any intent of the County to charge the Responsible Party for Administrative Costs pursuant to Section 1.5.06, Recovery of Enforcement Costs and the current amount of Administrative Costs. In the event of multiple violations, the Administrative Citation shall list the common administrative costs associated with all violations, any specific administrative costs attributable to an individual violation, and the total amount of all Administrative Costs.

(d) Service. The Notice to Comply or the Administrative Citation shall be served in the following manner:

(1) Personal Service. The enforcement officer, or an authorized designee, may hand deliver the Administrative Citation to the Responsible Party and may obtain the signature of the Responsible Party on the Administrative Citation. If the Responsible Party refuses or fails to sign the Administrative Citation, the failure or refusal to sign shall not affect the validity of service or the validity of the citation or any subsequent proceedings. If the Responsible Party served is not the property owner, then a copy of the Administrative Citation shall be mailed via first-class mail to each property owner at the address(es) shown on the last equalized assessment roll or as otherwise known.

(2) Certified and First Class Mail. If the Enforcement Officer is unable to effect personal service, then the Administrative Citation shall be delivered by certified mail return receipt requested and by first class mail, postage prepaid, addressed to the Responsible Party at the street address of the violation or other known address of the Responsible Party, and to each property owner at the address(es) shown on the last equalized assessment roll or as otherwise known. Service shall be deemed to have been completed upon the deposit of said Administrative Citation, postage prepaid, in any official United States postal box. The failure of the Responsible Party or owner to receive a properly addressed Administrative Citation shall not affect the validity of service or the validity of the citation or any subsequent proceeding.

(3) Posting. If personal service or service by first class mail cannot be completed as specified in subsection (d)(1) or (d)(2) above, or through an additional method of notice at the discretion of the County, the administrative citation may be posted in a conspicuous place in front of the property on which, or in front of which, the violation exists, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the Enforcement Officer to be in possession of the property. Failure of a posted notice to remain in place after posting or failure of any Responsible party to receive a copy of the Administrative Citation shall in no way affect the validity of the citation or any subsequent proceedings.

(e) Maximum Amount of Penalty; Fine Determination Matrix; Enforcement Costs.

(1) Maximum Fine Amounts:

i. Infraction. Where the violation would otherwise be an infraction, the administrative fine shall not exceed the maximum fine or penalty amounts for infractions set forth in Government Code § 25132(b).

ii. Other. If this Code does not designate the violation as an infraction, the Code Enforcement Officer may impose an administrative fine or penalty up to One Thousand and no/100ths ($1,000.00) Dollars. A second or subsequent Administrative Citation for a continuing or repeated violation may issue for each calendar day the violation continues in an amount up to One Thousand and no/100ths ($1,000.00) Dollars per citation issued.

(2) Determination of Fine. The Code Enforcement Officer shall determine fines in the first instance. In making the determination, the Code Enforcement Officer may take into account the facts and circumstances of the violation, including without limitation:

i. The length of the time the violations existed;

ii. The culpability of the Responsible Party and the willfulness of the violation;

iii. The number of previous violations of the same or related type committed by the Responsible Party within the preceding thirty-six (36) months;

iv. The extent of the violation and the effect of the violation on neighboring properties;

v. Attempts, if any, to comply with the applicable ordinances;

vi. The time necessary to abate the violation; and

vii. Any other information relevant to a determination of the fine.

(3) Enforcement Costs. In addition to a fine, the issuing County Department may also recover its administrative costs incurred in investigating, inspecting, abating, processing, remedying, and all other costs for activities incurred processing the citation pursuant to this chapter.

(f) Payment of the Penalty.

(1) The fine shall be paid to the County within thirty (30) days from the date of the Administrative Citation in accordance with the payment instructions printed on the citation form.

(2) Any fine paid pursuant to subsection (f)(1) shall be refunded if it is determined, upon appeal, that the person fined in the Administrative Citation was not responsible pursuant to this Code for the violation or that there was no violation as charged in the Administrative Citation.

(3) Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the Administrative Citation.

(g) Appeal of Administrative Citation. Any recipient of an Administrative Citation may contest that there was a violation of the Code or that he or she is the Responsible Party or the amount of any fine imposed by completing a Request for Hearing form and returning it to the Director of the Department that issued the citation within seven (7) days from the date of the citation, together with an advanced deposit of the fine imposed or a completed hardship waiver application. Any Administrative Citation fine which has been deposited with the County shall be refunded if it is determined upon appeal that the person charged in the Administrative Citation was not responsible for the violation or that there was no violation as charged in the Administrative Citation.

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 Administrative Citation and the amount of the penalty. 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 Administrative Citation shall be deemed a final administrative order, a forfeiture of the fine, and a failure to exhaust the Responsible Party's administrative remedies.

(h) Hearing setting; Advance Deposit Hardship Waiver.

(1) The director of the department receiving an appeal shall cause the matter to be set for hearing by notifying the Hearing Officer directly and/or by requesting County Counsel to coordinate with the Hearing Officer for setting and noticing of same.

(2) The Hearing Officer, or the County Counsel in cooperation with the Hearing Officer, shall notify the parties in writing, at least seven (7) days prior to the hearing date, of the date and location of the hearing. It shall be sufficient to provide notice to the appellant by using the address listed in the request for appeal.

(3) The director of the Department, or his or her authorized designee, may waive the requirement of an advance deposit and issue the advance deposit hardship waiver if the cited party submits to the department a completed hardship waiver application, including sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director, or authorized designee, the person's actual financial inability to deposit the full amount of the fine with the County in advance of the hearing. The requirement of depositing the full amount of the fine shall be stayed unless and until the director of the department, or his or her authorized designee, makes a determination on the application to not issue the hardship waiver.

(i) Appeal Hearing Procedure. At the prescribed time and place of hearing, the Hearing Officer shall consider relevant evidence from all parties as to whether the violation of the Code specified in the Administrative Citation occurred and whether the appellant caused or contributed to the violation of the Code on the date specified in the Citation.

(1) The Administrative Citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

(2) The formal rules of evidence or procedure in any proceeding subject to this Chapter shall not apply. 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. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will cause undue consumption of time.

(3) The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter.

(4) The failure of any appellant of an Administrative Citation to appear at the scheduled hearing shall constitute a failure to exhaust administrative remedies, but shall not prevent the hearing from proceeding provided notice has been given in accordance with this Chapter.

(5) The Hearing Officer may continue the hearing and request additional information from the parties prior to issuing a written decision.

(6) At the conclusion of the hearing, and based on the evidence before it, the Hearing Officer shall determine whether to uphold or deny the Administrative Citation, and shall state the reasons for that decision in a written order. The Hearing Officer's decision shall be final.

i. If the Hearing Officer determines that the Administrative Citation should be upheld, then the fine amount identified in the Citation, or as otherwise adjusted by the Hearing Officer, shall be immediately collectable by the Department.

ii. If the Hearing Officer determines that the Administrative Citation should not be upheld, the Hearing Officer shall order the Citation dismissed, and the Department shall return the advance deposit, if such deposit was provided.

(7) A copy of the written decision and administrative order shall be served personally or by first class United States mail, postage prepaid, upon each appellant and all other parties to the hearing.

(j) Right to Judicial Review. Pursuant to Government Code § 53069.4, within twenty (20) days after service of the final order or decision of the Administrative Hearing Officer, a person contesting the final administrative order or decision may seek review by filing an appeal with the Superior Court.

(k) 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.

(l) Enforcement and Collection of Fines. The County may collect any past due Administrative Citation 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 by an Administrative Citation, or a late payment charge or collection costs related to an Administrative Citation, 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.

(3) The County may withhold issuance of licenses, permits and other entitlements to the property owner on any project, property, or application of any kind whenever an administrative fine remains unpaid.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § VI, 8-7-2018; Ord. No. 23-11, § I, 12-5-2023)

(a) Findings and Purpose. Pursuant to Government Code § 25845, the Board of Supervisors determines that the adoption of an ordinance to establish procedures for the abatement of a nuisance is necessary for the public health, welfare, and safety of the citizens of Siskiyou County. These are alternative procedures for abatement of public nuisances and are supplementary to, and cumulative with, all other remedies provided in the Siskiyou County Code and applicable State law.

(b) Public Nuisance Defined. The Board of Supervisors of the County of Siskiyou finds that certain conditions as defined in this section cause annoyance, inconvenience or damage to the public with respect to the public's comfort, health, safety, welfare and enjoyment of property. It is the purpose and intent of the board of supervisors to define and proscribe those conditions which are injurious to the public and which constitute a public nuisance, having carefully weighed the interests of the public against the interests of private property owners and possessors in the free use of their property. The Board of Supervisors finds that it is a public nuisance for any person owning, leasing, occupying, or having charge of any property or business within the County to maintain such property or business in such a manner, that any one or more of the following conditions or activities are found to exist or for any person to contribute to the existence of the following conditions or activities:

(1) The presence of garbage, dead animals or other putrescible material that constitutes a nuisance as determined by an Enforcement Officer;

(2) The disposal above ground or the burying of solid waste, including, but not limited to, garbage, refuse, tires, construction or demolition debris, building materials, salvage materials, appliances or parts thereof, furniture, cabinets, or other household fixtures at any place other than a permitted solid waste facility;

(3) The improper storage or disposal of hazardous waste, including, but not limited to, waste products from the manufacturing of methamphetamine or other illegal drugs;

(4) Attractive nuisance dangerous to children whether in a building, on the premises of a building, or on an unoccupied lot in the form of abandoned wells, shafts, septic tanks, or other types of abandoned excavations;

(5) Any property maintained in such a condition as to be a threat to human health, safety, or environment as determined by an Enforcement Officer;

(6) Any condition declared by a Statute of the State of California or by an Ordinance of Siskiyou County to be a nuisance; including, any condition that constitutes a nuisance as defined in California Civil Code § 3479;

(7) Any public nuisance known at common law or equity;

(8) Any condition dangerous to human life, unsafe, or detrimental to the public health or safety; or

(9) Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this Chapter or Titles 3 (Public Safety), 4 (Public Welfare, Morals, and Conduct), 5 (Sanitation and Health), 9 (Building Regulations), and 10 (Planning and Zoning) of the Siskiyou County Code.

(c) Summary Abatement Power.

(1) A public nuisance may be declared for any reason specified in any County Ordinance by an Enforcement Officer given the authority to enforce the Ordinance. The nuisance may be summarily abated by any reasonable means and without notice or hearing when immediate action is necessary to preserve or protect the public health or safety. In addition, any public agency or public contractor, appointed by the Board of Supervisors, may use summary abatement to remove solid waste, which has been illegally deposited in violation of this Section.

(2) Summary abatement actions shall not be subject to the requirements of this Chapter, nor shall summary abatement actions be prohibited after initiation of proceedings pursuant to this Chapter, if immediate action at any time becomes necessary to preserve or protect the public health or safety.

(3) In the event a public nuisance is summarily abated, the Enforcement Officer who had declared the public nuisance shall keep an account of the cost of abatement and bill the property owner accordingly. If the bill is not paid within thirty (30) days from the date of mailing, the enforcement officer may proceed to obtain a lien against the owners of the property in accordance with the procedures set forth in this chapter. In cases of encroachments as defined by Streets and Highways Code § 1480.5, the Department of Public Works may also collect the daily penalties designated in Streets and Highways Code § 1483.

(4) When summary abatement has been carried out for illegally deposited trash and the person responsible for the illegal deposit has been identified by evidence in the trash, or through other means, and is not the owner of the property where the trash was deposited, the Enforcement Officer may impose an administrative penalty, and costs of abatement, on the Responsible Party using the procedure set forth in this chapter. A notice of assessment of administrative penalty and summary of abatement costs shall be mailed or otherwise delivered in each such case.

(d) Scope of Chapter. Whenever an Enforcement Officer with any responsibility to enforce provisions of this Code determines that a public nuisance exists as a result of a violation of any provision of this Code, the nuisance may be declared and then abated in accordance with the procedures provided in this chapter. Nothing in this chapter shall be construed to limit the right and duty of any Enforcement Officer to take immediate action to preserve or protect public health or safety. The procedures set forth in this chapter are not exclusive, but are cumulative to all other criminal, civil, or administrative remedies provided by the chapter. The seeking of other remedies shall not preclude the simultaneous and concurrent commencement of other enforcement remedies prescribed pursuant to this chapter.

(e) Nuisance Declared. Upon a public nuisance being declared by an Enforcement Officer, the Enforcement Officer shall issue a notice and order to abate. The issuance of a notice and order to abate may be issued separately or concurrently with any other criminal, civil, and/or Administrative Citation provided by this chapter at the discretion of the Enforcement Officer.

(f) Content of Notice and Order to Abate. The notice and order to abate shall be issued on a form approved by the County Counsel. All notices and orders to abate shall include the following information.

(1) Identify the Property Owner and any Occupant other than the owner if known or reasonably identifiable by the Enforcement Officer;

(2) Identify the Enforcement Officer and his or her County Department issuing the Notice;

(3) Describe the subject property sufficient for identification;

(4) State that a public nuisance has been declared along with a description of the nuisance;

(5) Identify the remedial action required to abate the nuisance and provide a reasonable time, no less than seven (7) days, for the Property Owner or Occupant to abate the nuisance;

(6) State that the Owner or Occupant may, within seven (7) days after the date that the Notice was served, make a request to the Department issuing the Notice and Order to Abate for a hearing to appeal the Notice and Order and its declaration of public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this Chapter;

(7) State the applicable hearing fee, if such a fee has been established;

(8) Contain a statement that, unless the Property Owner or Occupant abates the nuisance within the time specified, or makes a timely request for appeal of the Notice and Order within seven (7) days, the County will abate the nuisance, charge all abatement costs incurred by the County to the owner, and that such costs may be recovered by special assessment added to the county assessment roll, may become a lien on the real property that may be recorded, or may be placed on the unsecured tax roll.

(g) Service of Notice and Order to Abate. The notice and order to abate shall be served on the Property Owner and Occupant in the same manner as prescribed in this chapter for the service of an Administration Citation and said notice may be served separately or concurrently with any other citation issued under the provisions of this chapter at the discretion of the Enforcement Officer. The failure of any property owner or known possessor of the property to receive a copy of the notice and order to abate served pursuant to this Chapter shall not affect the validity of the Notice and Order or proceedings thereon.

(h) Appeal of Notice and Order to Abate. Any Property Owner or Occupant may appeal the Notice and Order to Abate and the Enforcement Officer's determination declaring the public nuisance by, within seven (7) days of the served Notice and Order to Abate, completing a Request for Hearing form and returning it to the Director of the Department that issued the citation. The appeal shall 1) specify the grounds upon which the appeal is taken, 2) contain the name, address and telephone number of the appellant, 3) be accompanied by the payment of an appeal fee in an amount established by Resolution by the Board, if any, and 4) be filed with the Department specified on the Notice and Order to Abate.

(i) Hearing Setting. The Director of the Department receiving an appeal shall cause the matter to be set for hearing by notifying the Hearing Officer directly and/or by requesting County Counsel to coordinate with the Hearing Officer for setting and noticing of same. The Hearing Officer, or the County Counsel in cooperation with the Hearing Officer, shall notify the parties in writing, at least seven (7) days prior to the hearing date, of the date and location of the hearing. It shall be sufficient to provide notice to the appellant by using the address listed in the request for appeal.

Timely appeal shall stay any further abatement action until the hearing is conducted. A failure to appeal shall be a failure to exhaust administrative remedies.

(j) Abatement by County in Absence of Appeal. If the Owner or Occupant has not abated the violations pursuant to the Notice and Order to Abate and has not filed an appeal within the time prescribed, the Enforcement Officer, his or her Department, or other authorized designee may cause to be done whatever work is necessary to abate the public nuisance. The Enforcement Officer, or authorized designee, may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of inspecting the property to determine if the nuisance remains and also for undertaking the work to abate the nuisance if the nuisance has not already been abated.

(k) Nuisance Abatement Costs. In addition to any other remedies and/or penalty provided by this chapter, County Code or State Law, the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement of the nuisance. The Enforcement Officer may choose to impose these costs concurrently, separately, or not at all with other penalties provided for in this chapter.

(1) Upon a second or subsequent civil or criminal judgment within a two-year period finding that a Property Owner is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Health and Safety Code § 17980, the owner shall be liable for treble the costs of the abatement in accordance with Government Code § 25845.5.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § VII, 8-7-2018)

(a) Hearing Officer. Pursuant to Government Code §§ 25845(i) and 27720 et seq., the director of the Department of the Enforcement Officer seeking to enforce this Chapter shall coordinate with County Counsel to appoint and contract with a Hearing Officer for the purpose of presiding at the administrative hearings provided for by this section.

(b) Date of Hearing. Hearings shall take place at the earliest practical date consistent with the noticing requirements of this Chapter. The failure of the Property Owner or Occupant to appear shall not prevent the hearing from proceeding when notice has been given in accordance with this Chapter. The hearing may only be continued upon request of a party to the hearing and upon a showing of good cause, but in no event shall there be more than one continuance allowed.

(c) The Enforcement Officer, or other officer within the Department issuing the Notice and Order to Abate shall first describe the acts or conditions constituting a nuisance and shall respond specifically to the grounds set out in the demand for hearing. Thereafter, the Property Owner or Occupant shall present whatever evidence is relevant to refute the allegation.

(d) The formal rules of evidence or procedure shall not apply in the proceeding. 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.

(e) The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter who has been certified as an interpreter by the State of California.

(f) The failure of the appellant to appear at the hearing shall not prevent the hearing from proceeding provided notice has been given in accordance with this Chapter. The hearing may only be continued upon request of a party to the hearing and upon a showing of good cause but in no event shall there be more than one continuance allowed.

(g) Hearing Officer's Decision.

(1) After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall determine:

i. Whether the acts or conditions specified in the Notice of Abatement exist;

ii. Whether those acts or conditions constitute a public nuisance;

iii. If a public nuisance is determined to exist, whether it should be abated by the County; and

iv. The appropriateness of any penalties imposed.

(2) The Hearing Officer's ruling shall be determined by a preponderance of the evidence.

(3) If the Hearing Officer finds that the alleged nuisance does exist and should be abated, abatement of the nuisance shall be ordered. An Order of Abatement is final immediately, unless the order or a provision of this Code expressly provides otherwise.

(4) A copy of the written decision and Order of Abatement shall be served personally or by mail upon all parties and upon all persons upon whom the Notice and Order to Abate was served.

(h) Abatement by Owner or County After Hearing Officer Decision.

(1) Pursuant to the determination above the following shall apply:

i. The Order of Abatement issued by the Hearing Officer 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 Property Owner within five (5) calendar days of the service of the decision and Order, or any longer period provided in the Order, and shall continue with reasonable diligence until complete. Reasonable diligence shall be determined by the Enforcement Officer.

ii. Upon the failure, neglect, or refusal to properly comply with the Order of Abatement issued by the Hearing Officer within the prescribed time period, the Enforcement Officer, his or her Department, or other authorized designee, may cause to be done whatever work is necessary to abate the public nuisance. The Enforcement Officer, or authorized designee, may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of inspecting the property to determine if the nuisance remains and also for undertaking the work to abate the nuisance if the nuisance had not already been abated.

iii. It shall be unlawful for any person to refuse to allow any duly authorized officer, employee, agent, or contractor of the County to enter upon any premises for the purposes of abating the public nuisance as authorized herein or to interfere in any manner whatever with such officer, employee, agent, or contractor.

iv. When the County has completed the work of abatement, or has paid for such work, the actual cost thereof, together with the nuisance abatement cost shall be charged to the Property Owner. The combined amounts shall be included in a bill and sent by mail to the Property Owner, or his or her agent for payment, if not paid prior thereto. The bill shall apprise the Property Owner that failure to pay the bill within thirty (30) days from the date of mailing, may result in the County pursuing all available collection methods and placing a lien for said costs upon the property.

(j) All costs of abatement incurred by the county may be recovered pursuant to the procedures set forth in in this chapter.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § VIII, 8-7-2018)

(a) The penalties and/or any administrative or abatement costs assessed against a Responsible Party or a property owner shall be due to the County within thirty (30) calendar days from the date the Administrative Order is finalized by the Hearing Officer, or, in the case of administrative penalties, if timely appealed to the superior court in accordance with Government Code § 53069.4(b), within thirty (30) calendar days from the date such appeal has been dismissed or denied.

(b) Payments received after the due date shall be subject to an additional ten (10) percent late payment charge incurred beginning thirty-one (31) calendar days from the date that the ruling becomes final and an additional ten (10) percent late payment penalty shall be imposed on the same day of each subsequent month until all penalties, administrative and/or abatement costs, and late payment charges have been paid in full.

(c) The County may collect any past due costs and/or or late payment charges by use of any available means, including but not limited to the use of collection agencies, reporting the delinquent payment to credit agencies, and the recording of a Notice of Lien as provided for in this chapter. The County may also recover its collection costs. A judgment or award of such costs, penalties or damages may be enforced as set forth above and may also be enforced in any other manner provided by law.

(d) Pursuant to Government Code Section 25845(c), in any action, administrative proceeding, or matter commenced by the County to abate a nuisance, or to collect the cost of abatement or any penalty or fee related thereto, the prevailing party shall recover its attorneys' fees. The recovery of attorneys' fees by the prevailing party shall be limited only to those individual actions or proceedings in which the County elects to seek, at the initiation of that individual action or proceeding, recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, § IX, 8-7-2018)

(a) Should any administrative or abatement costs assessed not be paid within ninety (90) calendar days from the date of a final Administrative Order, and/or have not been successfully challenged by a timely writ of mandate, the Board of Supervisors may, in accordance with Government Code § 25845 and/or Government Code § 54988, and in addition to any other legal remedy, order all such costs to be placed on the County tax roll as a special assessment against the subject property and/or may record a lien on the subject property subject to any applicable limitations of Government Code § 54988(a)(3) and (4).

(b) Accounting and Hearing Notice.

(1) The County shall prepare an accounting of all costs past due for each parcel. If real property under more than one ownership has been included in the Administrative Order, the account shall show such costs for the property owned by each owner separately.

(2) The County shall provide the owner of the property which would be subject to the special assessment and/or proposed lien a written notice in plain language of the proposed special assessment and/or proposed lien and a description of the basis for the amounts comprising the same.

(3) Said notice shall explain the owner's right to appear before the Accounting Hearing Board to be heard regarding the amount of the proposed special assessment and/or proposed lien.

(4) Said notice shall specify the time and date that the Accounting Hearing Board will hold the hearing on said accounting. The notice shall be sent a minimum of forty-five (45) days prior to the date of the hearing.

(5) Said notice shall be mailed by certified mail to the last known address of the owner of the property. If service cannot be accomplished, as determined by the Enforcement Officer, by certified mail, the accounting and appeal notice shall be posted conspicuously along the frontage of the property or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the Enforcement Officer to be in possession of the property.

(c) Accounting Hearing.

(1) Accounting Hearing Board. The Accounting Hearing Board shall be the person or body authorized by the Board of Supervisors through resolution to act as the Accounting Hearing Board.

(2) Conduct of the Hearing. The Siskiyou County Board of Supervisors shall adopt rules by resolution governing the conduct of the Accounting Hearing Board.

(d) Accounting Hearing Board's Recommendation.

(1) After considering all the testimony and evidence submitted at the hearing, the Hearing Board shall close the hearing and take the matter under submission. The Hearing Board may issue its recommended ruling on the matter at the hearing date or within a reasonable time after the close of the hearing. The Hearing Board's recommendation shall be in the form of a resolution recommending that the Board of Supervisors confirm, discharge, or modify the proposed special assessment and/or proposed lien against the property. If imposition of a special assessment is recommended pursuant to Government Code § 25845, the Hearing Board shall also recommend that a notice of abatement lien be recorded against the subject property, unless the Hearing Board determines it is in the County's best interest to not record a lien.

(2) The Hearing Board's ruling shall be determined by a preponderance of the evidence and shall determine whether or not the costs contained within the accounting are reasonably related to the costs of abatement, enforcement and administrative costs incurred by the County. The Hearing Board shall also consider any protests or objections to the accounting.

(3) For any costs detailed in the accounting, the Hearing Board may only waive or reduce costs subject to all of the following:

(A) That good cause exists to grant the waiver or reduction and that such action is in the County's best interest; and/or

(B) That a cost associated with enforcing the Administrative Order is not reasonably related and necessary to the enforcement of the Administrative Order.

(4) The property owner listed on the Administrative Order shall be served with a copy of the ruling in person or by first class mail within ten (10) days of the Hearing Board's adoption of the written ruling.

(e) Finalization of the Hearing Board Decision.

(1) The written recommendation of the Hearing Board on a proposed special assessment and/or lien shall be considered by the Board of Supervisors at the Board's next available meeting following issuance of the recommendation.

(2) The Board of Supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de nova hearing before the Board. If the Board adopts the recommendation, the Board's ruling is final.

(A) A de nova hearing before the Board shall be conducted pursuant to the rules adopted for the Accounting Hearing Board. Notice of the hearing shall be provided to the property owner at least ten (10) days in advance of the hearing. At the conclusion of the hearing, or within a reasonable time after the close of the hearing, the Board of Supervisors will adopt a resolution confirming, discharging, or modifying the special assessment and/or proposed lien.

(f) Notice of Special Assessment and/or Lien. Upon the Board of Supervisors' adoption of the resolution confirming the cost accounting of the enforcement action and imposing the special assessment and/or lien, the Enforcement Officer shall notify the property owner by certified mail, return receipt requested, that they must pay the account in full within thirty (30) days to the Enforcement Officer in order to avoid the imposition of the special assessment and/or recording of the lien against the property. In the case of a lien, if the lien amount is not paid by the date stated in the letter, the Enforcement Officer shall prepare and have recorded in the office of the County Recorder of Siskiyou County a notice of lien. The notice shall:

(1) Identify the record owner or possessor of property;

(2) Set forth the last known address of the record owner or possessor;

(3) Set forth the date upon which abatement of the nuisance was ordered;

(4) Set forth the date the abatement was complete;

(5) Include a description of the real property subject to the lien; and

(6) State the lien amount.

(g) Lien. Upon the recordation of a Notice of Lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 or Section 54988 of the Government Code.

(h) Lien Conditions. The payment of, administrative costs, and/or the cost of abating nuisances pursuant to this chapter shall be a condition precedent to the issuance of any and all pending future permits or entitlements for use requested from the County by any person found responsible for the payment of such costs.

(Ord. No. 15-07, § II, 5-19-2015; Ord. No. 18-06, §§ X, XI, 8-7-2018; Ord. No. 23-11, § II, 12-5-2023)

If any violation and/or nuisance detailed on a finalized Administrative Order still exists after the date of correction specified on the Administrative Order, the Enforcement Officer may submit a Notice of Violation to the County Recorder for recordation. Said notice shall include a description of the premises, a description of the violation, the action necessary to abate the violation, the date upon which the citation was issued, if appealed the date the citation was upheld, and any case number.

(Ord. No. 15-07, § II, 5-19-2015)

(a) Application. Once the violation and/or nuisance has been abated in its entirety, the Responsible Party may request that a Notice of Compliance be recorded as follows:

(1) Submitting a written request to the applicable County Department informing such Department that the violation and/or nuisance has been corrected in its entirety.

(2) Submitting payment of any and all remaining fines and administrative costs if any.

(3) Submitting payment of an additional Three Hundred and no/100ths ($300.00) Dollars to the County to defray its cost of recording a Notice of Violation pursuant to this Chapter, conducting a follow-up inspection to confirm the violation has been removed, and recording a notice of compliance pursuant to this Chapter.

(b) Process.

(1) The Enforcement Officer shall confirm that all costs required herein have been paid and shall conduct a reinspection of the subject violation site within ten (10) days that the written request has been submitted and all costs have been paid.

(2) Upon confirmation that the violation and/or nuisance has been corrected, a Notice of Compliance shall be submitted to the County Recorder for recordation within ten (10) days from the date of the reinspection.

(3) In the event that the Enforcement Officer determines that the violation and/or nuisance has have not been fully corrected, a correction list shall be given to the Responsibility Party within ten (10) days detailing the actions necessary to obtain full compliance.

(A) Once the required actions detailed on the correction list have been completed, the Responsible Party may request a reinspection by following the steps detailed under the Notice of Compliance Application Section except that the Three Hundred and no/100ths ($300.00) Dollar cost shall be waived for the first reinspection. After the first reinspection, a One Hundred and no/100ths ($100.00) Dollars reinspection fee shall be paid for each reinspection after the first reinspection.

(4) This process shall be repeated until such time as the Enforcement Officer has determined that all violations or nuisances detailed in the Administrative Order have been corrected in compliance with the Code.

(Ord. No. 15-07, § II, 5-19-2015)

(a) No department, commission, or employee of the County of Siskiyou vested with the duty or authority to issue or approve a permit, license, or other entitlement shall do so when an application pertains to a premises for which there is a pending administrative or judicial action or an unpaid debt resulting from a Notice to Appear, Civil Action, Notice to Comply, Administrative Citation, and/or a Notice and Order to Abate issued pursuant to this Chapter. The authority to deny shall apply whether the applicant was the occupant or owner of record at the time of such violation or whether the applicant is either the current occupant or owner of record, or a vendor of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time he or she acquired his or her interest in such real property.

(b) Rescission of Refusal to Issue. The refusal to issue shall be rescinded when the department, commission, or employee has been notified that all required work to abate the violation has been completed and has been approved by the affected department.

(c) Waiver. The director of the issuing County Department may waive the provisions of this Section regarding refusal to issue if it is determined that such waiver is required to allow necessary or desirable remedial, protective, or preventative work on the premises.

(Ord. No. 15-07, § II, 5-19-2015)

All money collected for penalties and administrative costs under this chapter shall be deposited in an account for the Department responsible for the enforcement action to defray the cost of said code enforcement actions and code enforcement training.

(Ord. No. 15-07, § II, 5-19-2015)

Any Enforcement Officer who is not also a Peace Officer shall not carry any firearm in the performance of his or her duties.

(Ord. No. 15-07, § II, 5-19-2015)

The provisions of this Chapter are separate and severable. If any provision of this Chapter is for any reason held by a court to be invalid, the Board declares that it would have passed this Chapter irrespective of the invalidity of the provision held to be invalid. Such invalidity shall therefore not affect the remaining provisions of this Chapter, or the validity of its application to other persons or circumstances.

(Ord. No. 15-07, § II, 5-19-2015)