§ 36.28

Where the agricultural commissioner determines that an activity has been or is being performed in violation of the provisions of this chapter or any permit issued pursuant to this chapter, the agricultural

commissioner may initiate an administrative enforcement action pursuant to Section 1-7.3 of this code and seek the imposition of civil penalties and costs, including attorney's fees.

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

Sec. 36.28.050. - Violations.

A.

Violation of provisions. Any activity performed contrary to the provisions of this chapter shall constitute a violation of this chapter and a public nuisance.

B.

Violation of permit requirement. The violation of any requirement of a permit issued pursuant to this chapter shall constitute a violation of this chapter and a public nuisance.

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

Sec. 36.28.060. - Legal remedies.

The county may undertake any of the following legal actions to correct and/or abate any violation(s) of this chapter or any permit issued pursuant to this chapter.

A.

Inspection warrants. The county counsel may apply to the court for an inspection warrant to enter upon and inspect property and/or collect samples.

B.

Civil actions. The county counsel may apply to the court for injunctive relief, abatement, civil penalties and costs, and any other remedies available under law.

C.

Criminal actions and penalties.

1.

Any person violating or causing the violation of any provision(s) of this chapter or any permit issued pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable in compliance with Section 1-7 of this code.

2.

Each and every day during any portion of which any violation(s) of this chapter or any permit issued pursuant to this chapter is committed, continued, or allowed to continue by the person shall be deemed a separate offense.

D.

Citations.

1.

Any person violating or causing the violation of any provision(s) of this chapter or any permit issued pursuant to this chapter may be issued an administrative citation by the agricultural commissioner.

2.

Any person issued an administrative citation shall be liable for and shall remit payment of any fine(s) assessed in connection with the citation in compliance with Section 1-7.6 of this code.

3.

Any person issued an administrative citation may appeal the citation to a hearing officer in compliance with Section 1-7.6 of this code.

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

Sec. 36.28.070. - Stop work order.

A.

Issuance of stop work order. Any activity performed in violation of the provisions of this chapter or any permit issued pursuant to this chapter shall be subject to the issuance of a stop work order.

B.

Violation of stop work order. Any violation of a stop work order shall constitute a misdemeanor and a public nuisance, and shall be subject to the remedies and penalties established by this article and this code.

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

Sec. 36.28.080. - Hazard abatement.

A.

Issuance of hazard abatement notice. Whenever the agricultural commissioner determines that any existing excavation, embankment, or fill on cropland, pastureland, or rangeland has become a hazard to public safety, endangers property, or adversely affects the safety, use, or stability of adjacent property, an overhead or underground utility, or a public way or watercourse, or could adversely affect the water quality of any watercourse or water body, the agricultural commissioner shall issue a hazard abatement notice to the owner or other person in control of the property advising of the problem. Upon receipt of the hazard abatement notice, the owner or other person in control of the property shall, within the time specified in the notice, eliminate the hazard and conform to the requirements of this chapter.

B.

Violation of hazard abatement notice. Any violation of a hazard abatement notice shall constitute a violation of this chapter and a public nuisance, and shall be subject to the remedies and penalties authorized by this

chapter.

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

Sec. 36.28.090. - Suspension or revocation.

The agricultural commissioner may suspend or revoke a permit issued pursuant to this chapter if the agricultural commissioner determines any of the following:

A.

Circumstances under which the permit was issued have changed and the public health, safety, and welfare require the suspension or revocation;

B.

The permit was issued on the basis of inaccurate or incomplete information; or

C.

One (1) or more of the requirements of the permit have not been substantially fulfilled or have been violated.

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

Sec. 36.28.100. - Remedies are cumulative.

A.

Cumulative, not exclusive. All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter or any permit issued pursuant to this chapter shall be cumulative and in addition to any other remedies available under law.

B.

Other remedies. Should a person be found guilty and convicted of a misdemeanor for the violation of any provision(s) of this chapter or any permit issued pursuant to this chapter, the conviction shall not prevent the county from pursuing any other remedies available under law to correct the violation(s).

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

Sec. 36.28.110. - Additional permit processing fee.

Any person who performs any activity requiring a permit under this chapter without first obtaining the required permit shall pay the permit processing fees required for the correction of the violation(s), and any applicable civil penalties and costs, including attorney's fees, before being granted a permit for the activity.

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

Sec. 36.28.120. - Reinspection fees.

A.

A reinspection fee shall be imposed on any person who receives a letter of correction, notice of violation, or stop work order requiring a follow-up inspection(s).

1.

The fee shall not apply to the original inspection to document the violation(s) or to the first scheduled compliance inspection made after the issuance of the letter of correction, notice of violation, or stop work order; and

2.

The fee shall apply to each subsequent inspection or reinspection conducted when the particular violation for which the inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the letter of correction, notice of violation, or stop work order.

B.

The reinspection fee is intended to compensate for the actual cost of providing county inspections or reinspections, and is not a penalty for violating this chapter, any permit issued pursuant to this chapter, or this code.

C.

Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this chapter, any permit issued pursuant to this chapter, or this code, or costs incurred by the county for the abatement of a public nuisance.

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

Article 30. - Glossary.