§ 36.26

This article provides procedures for public hearings by the board of supervisors required by this chapter. When a public hearing is required, advance notice of the hearing shall be given, and the hearing shall be conducted, in compliance with this article.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.26.020. - Notice of hearing.

When this chapter requires a public hearing by the board of supervisors before a decision on a matter, the public shall be provided notice of the hearing in compliance with Government Code sections 65090, 65091, and 65094, and Public Resources Code section 21000 et seq. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the board of supervisors, provided that there has been substantial compliance with the requirements of this section.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.26.030. - Hearing procedures.

A.

Date, time, and place of hearing. A hearing by the board of supervisors shall be held at the date, time, and place for which notice was given.

B.

Continued hearing. Any hearing may be continued from time to time without further notice; provided the chairperson of the board of supervisors announces the date, time, and place to which the hearing will be continued prior to the adjournment or recess of the hearing.

C.

Deferral of final decision. The board of supervisors may announce a tentative decision and defer its action on a final decision until appropriate findings or conditions of approval have been prepared.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.26.040. - Decision.

The board of supervisors may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or may defer action and continue the matter to a later meeting in compliance with Section 36.26.030.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Article 28. - Enforcement.

Sec. 36.28.010. - Purpose.

This article establishes provisions that are intended to ensure compliance with the requirements of this chapter and permits issued pursuant to this chapter, and provide for the protection of the public health, safety, and welfare of the county.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.28.020. - Decisions in compliance with chapter.

All departments, officials, and employees of the county assigned the authority or duty to issue permits shall comply with the provisions of this chapter.

A.

Permits in conflict with chapter. Permits for activities that would be in conflict with the provisions of this chapter shall not be issued.

B.

Permits deemed void. Any permit for an activity issued in conflict with the provisions of this chapter, or in error, shall be void and of no effect.

C.

County may refuse to issue permits. The county may refuse to issue any permit sought pursuant to this chapter for an activity where the property upon which the activity is proposed is in violation of this code.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.28.030. - Authority for enforcement.

A.

Enforcement responsibility. The agricultural commissioner shall be responsible for enforcing the provisions of this chapter and permits issued pursuant to this chapter. The agricultural commissioner may initiate proceedings to suspend, revoke, or modify permits issued pursuant to this chapter, act as enforcing officer for the purposes of exercising the authority provided in Sections 1-7.1, 1-7.3, and 1-7.6 of this code, and issue letters of correction, notices of violation, notices of proposed action, stop work orders, and citations for any violations of this chapter or any permit issued pursuant to this chapter.

B.

Authority to inspect. The agricultural commissioner is authorized, upon reasonable notice to the property owner or permittee, to enter upon and inspect any property where new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage has been or is being performed, to determine whether the work complies with the provisions of this chapter and any applicable permits issued pursuant to this chapter. These inspections may include the taking of photographs, samples, or other physical evidence, and the making of video and/or audio recordings. If the property owner or permittee refuses permission to enter and/or inspect, the county may seek an inspection warrant pursuant to Section 36.28.060.A.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)