Sonoma County Municipal Code § 1-11 Obligation of public funds and property

The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the county of Sonoma, state of California," and may be so cited. It may also be cited as the "Sonoma County Code." Without following the procedures necessary to amend the provisions of the Sonoma County Code, the clerk of the board of supervisors, with the advice and consent of county counsel, may periodically correct clerical errors and renumber or reletter the sections of this code so long as no substantive changes are made.

(Ord. No. 4933 § 1, 1996.)

Footnotes:

--- (1) ---

For state law authorizing county to codify its ordinances, see Gov. C. §§25126 to 25130. As to authority of counties to enforce regulations not in conflict with the general law, see Const., Art. XI §11.

In the construction of this code and of all ordinances of the county, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the board of supervisors or the context clearly requires otherwise:

Board of Supervisors. Whenever the words "board of supervisors" are used, they shall be construed to mean the board of supervisors of Sonoma County, California.

Code. The words "the code" or "this code" shall mean "The Code of the county of Sonoma, state of California."

Computation of Time. [2] The time in which any act provided by law is to be done is computed by excluding the first day and including the last day unless the last is a holiday and then it is also excluded.

County. The words "the county" or "this county" shall mean the county of Sonoma, in the state of California.

Day. [3] A "day" is a period of time between any midnight and the midnight following.

Daytime, Nighttime. [4] "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

Gender. [5] The masculine gender includes the feminine and neuter.

"Highways" or "roads" shall include the whole of all public ways, roads, alleys, courts and streets and sidewalks between the property lines forming the exterior lateral boundaries thereof, and those parts of public squares and places which form traveled parts of highways or roads.

In the County. The words "in the county" shall mean and include all territory over which the county now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Joint Authority. [6] All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Month. [7] The word "month" shall mean a calendar month.

Number. [8] The singular number includes the plural, and the plural, the singular.

Oath. [9] "Oath" includes affirmation.

Officers, Departments, etc. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the county of Sonoma, unless the context clearly indicates otherwise.

Official Time. Whenever certain hours are named herein they shall mean Pacific Standard Time or Daylight Saving Time as may be current use in the county.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of such building or land.

Person. [10] "Person" includes any person, firm, association, organization, partnership, joint venture, business trust, corporation or company.

"Personal Property" [11] includes every species of property, except real property, as herein defined.

Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

"Process" [12] includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

Property. [13] The word "property" shall include real and personal property.

"Real Property" [14] shall include lands, tenements and hereditaments.

Shall, May. [15] "Shall" is mandatory and "may" is permissive, however, use of the word "shall" in this code is not intended to, nor shall it be deemed to, create a mandatory duty imposed by an enactment within the meaning of the Government Code Section 815.6.

Signature or Subscription by Mark. [16] "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription took a sworn statement only when two witnesses so sign their own names thereto.

State. The words "the state" or "this state" shall be construed to mean the state of California.

Tenant or Occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

Tenses. [17] The present tense includes the past and future tenses, and the future includes the present.

Week. [18] A week consists of seven (7) consecutive days.

Writing. [19] Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

Year. [20] The word "year" shall mean a calendar year, except where otherwise provided.

(Ord. No. 3432, § 1.)

Footnotes:

--- (2) ---

For similar state law, See Gov C. §6800.

--- (3) ---

For similar state law, see Gov. C. §6806.

--- (4) ---

For similar state law, see Gov. C. §6807.

--- (5) ---

For similar state law, see Gov. C. §12.

--- (6) ---

See C.C. §12.

--- (7) ---

For similar state law, see Gov. C. §6804.

--- (8) ---

For similar state law, see Gov. C. §13.

--- (9) ---

For similar state law, see Gov. C. §15.

--- (10) ---

For similar state law, see Gov. C. §17; C.C.P. §17.

--- (11) ---

See C.C. §§14, 663.

--- (12) ---

For similar state law, see Gov. C. §22.

--- (13) ---

See C.C. §14; C.C.P. §17.

--- (14) ---

See C.C. §§14, 658.

--- (15) ---

For similar state law, see Gov. C. §14.

--- (16) ---

For similar state law, see Gov. C. §16.

--- (17) ---

For similar state law, see Gov. C. §11.

--- (18) ---

For similar state law, see Gov. C. §6805.

--- (19) ---

For similar state law, see Gov. C. §8.

--- (20) ---

For state law definition of year, see Gov C. §6803.

The titles of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed to be titles of such section, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the titles, are amended or re-enacted.

The provisions appearing in this code, so far as they are in substance as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

It is hereby declared to be the intention of the board of supervisors that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code.

(a) Applicability. Sections 1-7 through 1-7.6 apply to violations enforced by the county.

(b) Definitions. As used in Sections 1-7 through 1-7.6, the following terms and phrases have the meanings ascribed to them by this subsection:

"Abate" means to put an end to, legalize, or remove a violation.

"Abatement" means the ending, legalization, or removing of a violation.

"Abatement hearing" means an administrative hearing called by an enforcing officer to request a timeline for abatement and the imposition of additional civil penalties.

"Administrative citation" means a notice of violation that complies with Section 1-7.6(d)(4) and imposes a one-time penalty per administrative citation.

"Appeal hearing" means an administrative hearing requested by a responsible party challenging an administrative action by an enforcing officer.

"Costs" or "abatement costs" means all costs incurred by the county in pursuing abatement, associated remedies, and civil penalties, including administrative overhead, salaries, attorneys' fees, and expenses incurred by any county department or agency.

"Enforcing officer" means an officer, employee, or agent of the county that is responsible for enforcing violations.

"Final determination" means a written determination by an enforcing officer of which notice was given and for which a reasonable party has failed to exhaust its administrative remedies and that is conclusive evidence of the facts and liabilities contained in the determination.

"Hearing officer" means an individual appointed by the county pursuant to Sections 2-33.1 through 2-33.5 to preside over an administrative hearing.

"Including" means including, but not limited to.

"Notice and Order" means a notice of violation that complies with Section 1-7.3(a)(2), and may impose a one-time or daily penalty and any other authorized remedy.

"Notice of violation" means a written notification issued by an enforcing officer to a responsible party that a violation exists, or may exist, on a property and must be abated.

"Person" includes an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit, and the plural as well as the singular.

"Responsible party" means any of the following:

i. A person that causes, maintains, allows, or is otherwise responsible for a violation;

ii. A person with an ownership interest in real property upon which a violation is found; or

iii. A person who exercises possession or control of real property upon which a violation is found, including a tenant, agent, employee, contractor, subcontractor, or other occupant.

"Violation" means:

i. An act, omission, or condition contrary to a provision of this code, or an ordinance, resolution, rule, proclamation, order, or regulation of the county.

ii. An act, omission, or condition contrary to a term or condition of a license, permit, or approval, including associated plans, specifications, reports, and studies, granted or issued by the county.

(c) Violation as Misdemeanor. A violation is punishable as a misdemeanor unless otherwise defined. A misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or both fine and imprisonment.

(d) Continuing Violations. Each day a violation continues is a separate and distinct offense.

(e) Violation as Public Nuisance. A violation is a public nuisance.

(f) Public Nuisance Abatement.

(1) Enforcement Action. A public nuisance may be abated in any manner provided by this code or by law, including filing a judicial action in lieu of following the administrative abatement procedures in Section 1-7.3. The county may seek any remedies available to it, including abatement, injunctive relief, costs, and civil penalties.

(2) Costs. A responsible party is liable for all costs. Costs will be a special assessment against the parcel where the public nuisance is located.

(3) Attorneys' Fees. If the county seeks recovery of its own attorneys' fees in an individual judicial action or administrative proceeding, an award of attorneys' fees may be made to the prevailing party. The award of attorneys' fees to the prevailing party cannot exceed the amount of reasonable attorneys' fees incurred by the county in the same judicial action or administrative proceeding.

(4) Joint and Several Liability. Each responsible party is jointly and severally liable for abating a violation, paying associated costs and civil penalties, and otherwise complying with an order or final determination. Unpaid amounts may be considered a personal obligation of each responsible party.

(g) Criminal Citations by Environmental Health Specialists. An employee who is a state registered environmental health specialist may criminally cite a person without a warrant whenever the employee has reasonable cause to believe that the person has committed a misdemeanor in the employee's presence that is a violation of a statute or ordinance relating to public health that the employee has a duty to enforce. If the violation constitutes grounds for revoking a valid permit or approval issued by the county department of health services or the permit and resource management department, no citation may be issued while the permit remains in force.

(h) Remedies Cumulative. All remedies contained in Sections 1-7 through 1-7.6 are cumulative and in addition to any other remedies available under law.

(Ord. No. 6322, § II(Exh. A), 9-1-2020; Ord. No. 6319, § II(Exh. A), 8-18-2020)

Editor's note— Ord. No. 6319, § II(Exh. A), adopted Aug. 18, 2020, amended § 1-7 in its entirety to read as herein set out. Former § 1-7 pertained to general penalty; continuing violations; violations as nuisances and derived from Ord. No. 3417, adopted in 1985; Ord. No. 3726, adopted in 1987; Ord. No 5097, adopted in 1998; and Ord. No. 6236, § I(Exh. A), adopted July 24, 2018.

(a) Civil Penalties. A violation is subject to the following civil penalties:

(1) Commercial Violations. If the violation arises from an unlawful commercial use or structure on the property, a responsible party must pay 1 of the following, as determined by the enforcing officer, to the county:

i. Fair Market Value. The fair market rental value of the land or structure in violation for the period of time elapsed from the date of mailing of the notice of violation through to its abatement by whatever means; or

ii. Daily Penalty. No less than twenty-five dollars ($25.00) per day and no more than one hundred dollars ($100.00) per day for the first violation; no more than two hundred dollars ($200.00) per day for a second violation of the same ordinance within one (1) year; and no more than five hundred dollars ($500.00) per day for each additional violation of the same ordinance within one (1) year; or

iii. Permit Multiplier. If the type of use or structure in violation may be permitted, from three (3) times to ten (10) times the amount of the standard fee for every required approval, review, and permit.

(2) Residential Violations. If the violation arises from an unlawful owner-occupied residential use or structure on the property, a responsible party must pay one (1) of the following, as determined by the enforcing officer, to the county:

i. Fair Market Value. The fair market rental value of the land or structure in violation for the period of time elapsed from the date of mailing of the notice of violation through to its abatement by whatever means; or

ii. Daily Penalty. No less than fifteen dollars ($15.00) per day and no more than one hundred dollars ($100.00) per day for the first violation; no more than two hundred dollars ($200.00) per day for a second violation of the same ordinance within one (1) year; and no more than five hundred dollars ($500.00) per day for each additional violation of the same ordinance within one year (1) year; or

iii. Permit Multiplier If the type of use or structure in violation may be permitted, from one and one-half (1.5) times to five (5) times the amount of the standard fee for every required approval, review, and permit.

(3) Grading, Drainage, Vineyard, and Orchard Violations. For a violation of Chapter 11 or 36, a responsible party must pay one (1) of the following, as determined by the enforcing officer, to the county:

i. Class A Violations. From fifty thousand dollars ($50,000.00) to one hundred thousand dollars ($100,000.00) for a:

a. Violation that caused adverse effects on property, the public, or the environment; or

b. Class B violation where the responsible party has a history of violations, failed to cooperate in the investigation of the incident, or failed to allow lawful inspection of the site.

ii. Class B Violations. From five hundred dollars ($500.00) to fifty thousand dollars ($50,000.00) for a violation of a provision, term, or condition designed to mitigate the risk of adverse effects on property, the public, or the environment.

iii. Class C Violations. From fifty dollars ($50.00) to five hundred dollars ($500.00) for a violation of a provision, term, or condition that is not designed to mitigate the risk of adverse effects on property, the public, or the environment.

(4) Cannabis Violations. For violations associated with commercial cannabis activity, a responsible party must pay one (1) of the following, as determined by the enforcing officer, to the county:

i. Square Foot Exceedance. For cultivation in exceedance of the permitted cultivation area, no more than twenty dollars ($20.00) per square foot per day for the first violation; no more than thirty dollars ($30.00) per square foot per day for the second violation within two (2) years; and no more than fifty dollars ($50.00) per square foot per day for each additional violation within two (2) years.

ii. Standard Violation. For each violation of a standard or condition of the permit or county code, no more than one thousand dollars ($1,000.00) per day for the first violation; no more than five thousand dollars ($5,000.00) per day for a second violation within two (2) years; and no more than ten thousand dollars ($10,000.00) per day for each additional violation within two (2) years.

iii. Daily Penalty Per Use—Unpermitted Use. For each unpermitted cannabis use, no more than ten thousand dollars ($10,000.00) per day for the first violation; no more than twenty-five thousand dollars ($25,000.00) per day for the second violation within two (2) years; and no more than fifty thousand dollars ($50,000.00) per day for each additional violation within two (2) years. An unpermitted cannabis use violation on a different property by the same responsible party constitutes a second or additional violation for purposes of calculating enhanced civil penalties under this section.

iv. Daily Penalty Per Violation—Unpermitted Use or Structure. For each violation associated with unpermitted cannabis activity, no more than one thousand dollars ($1,000.00) per day. Each cannabis plant above the amount allowed for personal cultivation is a separate violation.

v. Permit Multiplier—Unpermitted Use or Structure. If the type of use or structure in violation may be permitted, up to a maximum of ten (10) times the amount of the standard fee for each required approval, review, and permit.

(5) Vacation Rentals. For violations associated with a vacation rental, a responsible party must pay one (1) of the following, as determined by the enforcing officer, to the county:

i. Unauthorized Vacation Rental. For a vacation rental operating without the required land use permit or vacation rental license, from three (3) times to ten (10) times the normal application fee.

ii. Standard Violation. For each violation of a standard of the land use permit or vacation rental license, no more than one thousand five hundred dollars ($1,500.00) for a first violation, no more than three thousand dollars ($3,000.00) for a second violation within one (1) year, and no more than five thousand dollars ($5,000.00) for a third violation within one (1) year.

(6) Violations for Septic Operational Permits. If a violation of Section 24-33 of this code is solely for nonpayment of the fee provided for in Section 24-33(b), then a responsible party must pay one (1) of the following:

i. Twenty-five percent (25%) of the fee for such permit if such violation has existed for less sixty (60) days; or

ii. Fifty percent (50%) of the fee for such permit if such violation has existed for sixty (60) days or more but less than one hundred eighty (180) days; or

iii. The penalty authorized under subsection (a) of this section if such violation has existed for one hundred eighty (180) days or more.

(7) Other Violations. For any other violation, including an unlawful noncommercial junkyard, an unlawful noncommercial truck terminal, an unlawful noncommercial non-operative motor vehicle storage yard, an unlawful noncommercial accessory structure, an unlawful noncommercial excess number of animals, or the unlawful noncommercial storage, disposal or transportation of solid waste, a responsible party must pay one (1) of the following, as determined by the enforcing officer, to the county:

i. No less than five dollars ($5.00) per day and no more than one hundred dollars ($100.00) per day, for the first violation; no more than two hundred dollars ($200.00) per day for a second violation of the same ordinance within one (1) year; and no more than five hundred dollars ($500.00) per day for each additional violation of the same ordinance within one (1) year;

ii. In the event that the use or structure in violation may be permitted with an appropriate permit, a minimum of three (3) times and up to a maximum of five (5) times the amount of the standard fee for every required approval, review and permit.

(b) Authority and Discretion to Set Penalty.

(1) Authority. Civil penalties may be imposed by the enforcing officer, the hearing officer, or the court.

(2) Discretion. Civil penalties may be set within the ranges set forth in this section. But the civil penalty imposed cannot be greater than the minimum amount in a range of civil penalties set forth in this section unless the enforcing officer's department has adopted a written policy setting forth how civil penalties within the ranges are determined.

(c) Civil Penalty Determination. The determination of civil penalties must take into account the facts and circumstances of the violation, which may include, for example:

(1) whether or not the violation poses a threat to human health, safety, or to the environment;

(2) the seriousness or gravity of the violation;

(3) the length of time the violation has existed;

(4) the culpability of the responsible party or the willfulness of the violation;

(5) the sophistication of the responsible party;

(6) the extent of the violation and its effect on adjoining properties;

(7) attempts, if any, to comply with the applicable ordinances; and

(8) any other information which might be relevant to the determination of civil penalties to be imposed by this section.

(d) Daily Penalties. Daily civil penalties accrue from the date of mailing, posting, or personal service of a notice and order, whichever is earlier, through the date of abatement of the violation as verified by the enforcing officer.

(e) Immediate Imposition of Civil Penalties. A violation is subject to the immediate imposition of civil penalties, unless one (1) of the exclusions in subsection (f) applies.

(f) Exclusions.

(1) Innocent Purchaser.

i. Elements for Exclusion. The civil penalties imposed by this section do not apply if the property owner establishes that, at the time the property owner acquired an ownership interest in the property:

a. the violation existed on the property;

b. the property owner did not have actual or constructive notice of the existence of that violation; and

c. within thirty (30) days after the mailing of the notice of violation, the property owner initiates and pursues with due diligence and good faith efforts, as determined solely by the enforcing officer, to abate the violation.

ii. Constructive Notice. A property owner has constructive notice of the existence of a violation if the property owner has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact and if by prosecuting that inquiry, the person might have learned that a violation existed on the property.

(2) Correction Period for Certain Violations. When a responsible party is entitled to a reasonable period of time to abate the violation under California Government Code Section 53069.4 (which does not include a violation associated with unlicensed cannabis activity), civil penalties do not apply if the responsible party establishes that:

a. The violation was abated within thirty (30) days after the date of mailing of the notice of violation, or for zoning violations associated with licensed and license-exempt cannabis activity the violation was abated within three (3) days after the date of personal service on all responsible parties or ten (10) days after the date of mailing of the notice of violation; and

b. The responsible party had not previously been mailed a notice of violation of the same code section, regardless of the parcel on which that violation occurred.

(3) Self-Disclosure. The civil penalties imposed by this section do not apply if the owner of a residential property establishes that at the time the property owner acquired an ownership interest in the property:

i. a violation of this code existed on the property;

ii. the violation was not on record at the permit and resource management department; and

iii. within six (6) months of acquiring an ownership interest in the property the owner initiated and pursued abatement with due diligence and good faith effort, as determined solely by the enforcing officer.

(Ord. No. 6490, §§ III, IV, 6-4-2024; Ord. No. 6481, § III, 5-21-2024; Ord. No. 6427, § IV, 5-16-2023; Ord. No. 6322, § II(Exh. A), 9-1-2020; Ord. No. 6319, § II(Exh. A), 8-18-2020)

Editor's note— Ord. No. 6319, § II(Exh. A), adopted Aug. 18, 2020, amended § 1-7.1 in its entirety to read as herein set out. Former § 1-7.1 pertained to civil penalty in abatement proceedings for designated code violations and derived from Ord. No. 6236, § I(Exh. A), adopted July 24, 2018; and Ord. No. 6298, § V, adopted Feb. 4, 2020.

Any person damaged by any violation of Chapter 4 Article VIII or Sections 7-5, 7-13, 7-17, 19A-5, 24-33, or 26-92-200 of this code may institute a civil proceeding for injunctive relief against such violation, for money damages, and for whatever other or additional relief the court deems appropriate. In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorneys' fees and costs pursuant to order of the court. The remedies available under this section shall be in addition to, and shall not in any way restrict, any other rights or remedies available under law.

(Ord. No. 6427, § IV, 5-16-2023; Ord. No. 6420, § III, 4-18-2023)

Editor's note— Ord. No. 6420, § III, adopted April 18, 2023, repealed the former § 1-7.2 and enacted a new section as set out herein. The former § 1-7.2 pertained to private right of action for violation of certain building, zoning and public health regulations and derived from Ord. No. 14618, § 5, adopted in 1993; and Ord. No. 6236, § I(Exh. A), adopted July 24, 2018.

(a) Notice and Orders.

(1) Issuance of Notice and Order. The enforcing officer may issue a notice and order requiring abatement of a violation.

(2) Contents of Notice and Order. A notice and order must be in writing and include:

i. a description of the real estate sufficient for identification;

ii. a statement of the violation or violations and the reason the notice was issued;

iii. a reasonable period of time to bring the property into compliance, if any;

iv. a statement of appeal rights;

v. notice of the imposition of penalties or the potential to impose penalties and abatement costs and to record an abatement notice for failure to comply; and

vi. notice of the imposition of additional remedies under Section 1-7.4, if any.

(3) Service of Notice and Order. A notice and order must be sent certified mail addressed to the last known property owner as listed on the latest official equalized tax roll and may be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record. A copy of the notice and order must be posted in a conspicuous location on the subject property.

(b) Notice to Vacate. If the enforcing officer orders a structure or property to be vacated, each structure or property must be posted reciting the supporting reasons and specifying the conditions which necessitate the posting. No person can remain in or enter any building or portion thereof which has been posted, except that entry may be made to repair, demolish or remove such building under permit. No person can remove or deface such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy has been issued.

(c) Civil Penalties. Where a violation is subject to civil penalties, including under Section 1-7.1, the enforcing officer may calculate and impose civil penalties through a notice and order.

(d) Costs. A responsible party is liable for all associated abatement costs.

(e) Appeals.

(1) Right of Appeal. A notice, order, decision, or determination made by an administrative official pursuant to Section 1-7.3(a), may be appealed by any person affected by the administrative action to a hearing officer.

(2) Form and Timing. An appeal must be made in writing and submitted to the enforcing officer within ten (10) calendar days from the date of the administrative action.

(3) Appeal Waiver. Failure to file a timely appeal constitutes a waiver of the right to an appeal hearing and adjudication of any administrative action.

(4) Appeal Withdrawal. An appeal may be withdrawn at any time prior to the commencement of the appeal hearing, except that the withdrawn appeal hearing may be converted to an abatement hearing pursuant to subsection (f) below, and heard on the same date and time as scheduled for the appeal hearing.

(f) Effect of Failure to Appeal.

(1) Final Determination of Violation. A notice and order for which no timely appeal is filed is a final determination and conclusive evidence of the responsible party's liability for abating the violation.

(2) Recording Notice of Abatement Proceedings. If the violation continues after issuance of a notice and order and an appeal is not timely filed, the enforcing officer may record in the office of the county recorder a notice of abatement proceedings describing the property and certifying the nature of the violation and that the owner has been so notified of the violation.

(3) Abatement Hearing. The enforcing officer may, at the enforcing officer's sole discretion, set the matter for an abatement hearing before a hearing officer. An abatement hearing does not affect a prior final determination issued in the matter.

(4) Determination of Abatement Costs and Civil Penalties.

i. Determination Issuance. If the notice and order is not timely appealed the enforcing officer will issue a determination of abatement costs and civil penalties.

ii. Determination Contents. The determination must contain:

a. The street address and/or a description of the property sufficient to identify the property upon which the violation exists or existed;

b. A statement that the property described was found to be in violation of this code and a brief description of the conditions that constituted the violation(s);

c. The total estimated penalties incurred to date, as well as a statement of daily penalties for any continuing violation of this code;

d. A statement that the owner may appeal the amount of abatement costs and/or civil penalties;

e. A statement that the failure of an owner to appeal the amount of abatement costs and/or civil penalties constitutes a waiver of any right to an administrative hearing for this matter and failure to exhaust administrative remedies; and

f. A statement that payment of the abatement costs and/or civil penalties does not excuse the owner's obligation to correct any violation that continues to exist on the property.

iii. Final Determination. A determination of abatement costs and civil penalties for which no timely appeal is filed is a final determination and conclusive evidence of the responsible party's liability for the abatement costs and civil penalties contained therein.

(g) Notice of Hearing.

(1) The notice of appeal hearing or abatement hearing must contain:

i. The street address and/or a description of the property sufficient to identify the property upon which the violation exists or existed;

ii. The name(s) of the owner(s) or occupant(s) of the property as indicated on the latest equalized Sonoma County tax roll;

iii. A statement that the property described was found to be in violation and a brief description of the conditions that constituted the violation(s);

iv. The date, time and location of the hearing;

v. A statement that if a violation is found to exist or have existed that the costs will be a special assessment against the property and that a lien will be placed upon the property for the costs of abatement;

vi. A statement that costs include, but are not limited to, administrative overhead, salaries and expenses incurred by the following departments: agriculture/weights and measures, permit and resource management, public health, transportation and public works, emergency services, county counsel and the district attorney;

vii. A statement that in order for any oral or written evidence, or any claim, defense or privilege to be considered it must be presented to the hearing officer at or before the time of the hearing and that failure to do so will constitute a waiver and may prevent such evidence or claim, defense or privilege from being considered in any later proceeding; and

viii. A copy of the procedural rules governing such hearings.

(2) Notice of a hearing must be given in accordance with Section 26-92-050.

(h) Conduct of Hearings. A Hearing Officer will preside over the administrative hearing. Procedural rules for the conduct of the administrative hearing must be adopted by resolution of the board of supervisors. Procedural rules must, at a minimum, allow for hearing testimony, introducing evidence, and submitting written and oral argument. All evidence and argument must be retained by the county.

(i) Hearing Officer Decision and Order.

(1) The hearing officer must render a decision and order within twenty (20) days after the appeal hearing or abatement hearing is closed. The decision and order must contain:

i. Findings. Findings of fact and conclusions of law;

ii. Appeal of Violation. For an appeal hearing where a violation is appealed and upheld:

a. A statement of the basis for that finding and an order that the violation, if ongoing, be abated within a certain time;

b. A statement of costs and a reasonable timeframe for payment;

c. An assessment of civil penalties and a reasonable timeframe for payment;

d. At the hearing officer's discretion, additional daily civil penalties if the violation is not abated within the time set by subsection (a); and

e. At the hearing officer's discretion, additional remedies in accordance with Section 1-7.4.

iii. Appeal of Costs and Civil Penalties. For an appeal hearing where only costs and civil penalties are appealed:

a. A statement of costs and a reasonable timeframe for payment;

b. An assessment of civil penalties and a reasonable timeframe for payment; and

c. At the hearing officer's discretion, additional daily civil penalties until the violation is abated.

iv. Abatement Hearing. For an abatement hearing:

a. An order that the violation be abated within a certain time; and

b. An assessment of additional daily civil penalties if the violation is not abated within the time set by subsection (a).

v. A statement that the decision is a final decision, subject to judicial review in accordance with California Government Code Section 53069.4 or California Code of Civil Procedure Section 1094.6, or both, as applicable.

(2) A copy of the hearing officer's decision and order must be mailed, by certified mail, to the owner and occupant of the property, and the appellant.

(3) Within fifteen (15) days of the hearing officer rendering a decision and order, a request may be made by either party or the hearing officer to correct technical, mathematical or clerical errors, mistakes, or any other minor changes in the decision and order. These corrections are limited to changes that do not affect the factual or legal basis of the decision and order. Notice of the request must be given to the other parties to the proceeding.

(j) Abatement Liens.

(1) Liens. If the property owner is responsible for any costs pursuant to this chapter, such costs will become a lien against the property as is authorized by the Government Code and this section.

(2) Contents of Abatement Lien. A notice of abatement lien may be recorded which states the property owner, the date upon which abatement of the nuisance was required, a description of the real property subject to the lien, the amount of the abatement costs incurred to date and, if applicable, the date upon which the abatement was complete. If the abatement has not yet been completed, the notice must so state and must also indicate that the lien is a partial lien and that additional abatement costs will be incurred in the future.

(3) Supplemental Notice. It is the intent of the board of supervisors that abatement costs incurred after the filing of the notice of abatement lien relate back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs have been incurred and the abatement is complete, a supplemental notice of abatement lien may be recorded. The supplemental notice must contain all of the information required for the original notice and must also refer to the recordation date and recorders document number of the original notice.

(4) Termination of Abatement Lien. If a lien is recorded and abatement costs are later paid, the enforcing officer must prepare a termination of lien and provide it to the property owner upon request.

(k) Recording of Hearing Officer's Decision and Order. The enforcing officer may record a copy of the hearing officer's decision and order in the office of the Sonoma County recorder. If the violation is corrected and abatement costs are paid, the enforcing officer must prepare a notice of correction and provide it to the property owner.

(l) Civil Action to Enforce Final Determination or Hearing Officer Decision and Order. If the property owner does not comply with a final determination or a hearing officer decision and order, the enforcing officer is authorized to request that county counsel seek judicial enforcement.

(m) Civil Abatement Action. Nothing in this section, nor any action taken under this section, prohibits the county from filing a judicial action to address an ongoing violation in accordance with Section 1-7(f)(1).

(Ord. No. 6322, § II(Exh. A), 9-1-2020; Ord. No. 6319, § II(Exh. A), 8-18-2020)

Editor's note— Ord. No. 6319, § II(Exh. A), adopted Aug. 18, 2020, amended § 1-7.3 in its entirety to read as herein set out. Former § 1-7.3 pertained to administrative procedure for abatement of certain violations of this code and derived from Ord. No. 4909, § 2, adopted in 1995; Ord. No. 5373, § 1, adopted in 2002; Ord. No. 5679, § 1, adopted in 2006; Ord. No. 5750, § 1, adopted in 2007; Ord. No. 5891, § 1, adopted Dec. 9, 2008; Ord. No. 5925, § II, adopted Feb. 15, 2011; Ord. No. 6236, § I(Exh. A), adopted July 24, 2018; and Ord. No. 6260, § IV, adopted April 30, 2019.

(a) Authority. The remedies authorized by this section may be imposed by the enforcing officer, the hearing officer, or the court.

(b) Environmental Restoration.

(1) Environmental Restoration Requirement. The enforcing officer may require the responsible party to restore the environment when the violation has caused or may cause significant environmental damage, as determined by the enforcing officer.

(2) Environmental Restoration Measures. Environmental restoration measures may include the following: restoring the ground surface to its natural topographic condition; replacing or restoring soil; revegetation and reforestation; habitat restoration; sediment removal and erosion control; stream, wetland, and riparian corridor restoration; removal of equipment, fill, sediment, paving, culverts, and structures; and soil, surface water, and groundwater decontamination and remediation.

(3) Environmental Restoration Plan. Dependent on the scale of the environmental damage or complexity of the environmental restoration, the enforcing officer may require the submission of an environmental restoration plan for review and approval prior to undertaking required environmental restoration.

(4) Failure to Comply. If a responsible party fails to submit a required environmental restoration plan, pursue environmental restoration with due diligence and in good faith, or timely complete the required environmental restoration, the county is authorized to do the following:

i. Perform the environmental restoration. The responsible party will be liable to the county for all costs related to restoring the property.

ii. Bring a judicial action to enforce compliance with the final determination or order requiring environmental restoration.

(Ord. No. 6322, § II(Exh. A), 9-1-2020; Ord. No. 6319, § II(Exh. A), 8-18-2020)

(a) Except as otherwise provided herein, the provisions of California Code of Civil Procedure Section 1094.6 or successor statute are hereby adopted and any petition for review of an administrative decision of the county of Sonoma, or of any of its boards, commissions, departments, agencies, or persons authorized to render such a decision, shall be filed within the time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply.

(b) The limitation provided in subsection (a) shall apply to any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the board, commission, officer or tribunal conducting the hearing,

(c) The limitation provided in subsection (a) shall apply to all quasi-judicial proceedings now pending or hereafter begun. Written notice of the time limitation of Section 1094.6 shall be given to the parties by the decision maker in substantially the following form;

"The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by any state or federal law, such shorter time limit shall apply."

(d) The limitation provided in paragraph (a) shall be Construed to require that petitions filed pursuant to C.C.P. Section 1094.5 for review of administrative decisions rendered prior to the effective date of this ordinance must be filed within ninety (90) days from the date upon which notice of the time limits provided in this ordinance is mailed or personally delivered to all parties to such administrative decision, unless a shorter time limit applies. Notice under this subsection shall be in substantially the following form:

"By ordinance, the time limits set forth in California Code of Civil Procedure Section 1094.6 have been made applicable to the decision rendered by (decision maker) on (date) concerning (title or description of administrative action). Judicial review must be sought not later than the 90th day following the date of this notice, except that where a shorter time limit is prescribed by any other law, such shorter time limit shall apply."

(e) This section is not intended to revive, nor shall it be deemed to revive, any cause of action or grounds for relief through a special proceeding which is barred by law or equity.

(f) This section is not intended to alter the alternative procedures for judicial review of an administrative penalty in Government Code Section 53069.4, subsection (b).

(g) All costs of preparing a record which may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.6(c) or successor statute, shall be paid by the petitioner prior to delivery of the record to petitioner.

(Ord. No. 6236, § I(Exh. A), 7-24-2018)

(a) Purpose and Intent. Pursuant to Government Code Section 53069.4, the County is authorized to adopt an administrative citation program. The purpose of this section is to provide the county with another method to enforce the Sonoma County Code; ordinances adopted by the county; and licenses, permits, and approvals issued by the county.

(b) Application. This section shall not supersede or limit the remedies provided elsewhere in this Code or California Code of Regulations, including other administrative citation remedies. Issuance of an administrative citation may be exercised in place of, but shall not be deemed a waiver of, the use of any other available enforcement remedy. Enforcement remedies under this section are nonexclusive. The use of the remedies under this section is at the sole discretion of the county. However, the Sonoma County District Attorney shall have sole discretion to determine whether a violation will be prosecuted criminally.

(c) Reserved.

(d) Administrative Citation.

(1) Any responsible party who commits a violation as described in this section may be issued a citation by an enforcing officer.

An enforcing officer may issue a citation for a violation not committed in the enforcing officer's presence if the enforcing officer has determined, through investigation, that a responsible party did commit or is otherwise responsible for the violation,

(2) If the violation is a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, and does not create an immediate danger to health and safety, then the enforcing officer may issue a compliance order and, if so, shall provide a correction period before an administrative citation may be issued. The compliance order shall include all of the information required for administrative citations pursuant to this subsection, except that the compliance order shall also provide (i) a specified time period, beginning on the service date, within which the violation must be corrected, (ii) notice that an administrative citation may be issued, and the citation may be recorded against the property, if the violation is not corrected by the end of the correction period, and (iii) notice that the administrative citation will not be issued if the violation is corrected by the end of the correction period. The enforcing officer may, in his or her sole discretion, extend the time in which to correct the violation.

Upon or after the expiration of the correction period provided, the enforcing officer shall inspect for compliance. If the responsible party refuses to allow inspection after a reasonable demand, the enforcing officer may obtain an inspection warrant pursuant to Code of Civil Procedure Section 1822.50 et seq. Failure of the responsible party to allow inspection shall be deemed a failure to correct.

If the enforcing officer determines that the violation is not adequately corrected at the time of inspection, the enforcing officer may serve the responsible party with an administrative citation for the violation.

(3) All violations that are not subject to the provisions of Section 1-7.6(d)(2), including (i) non-continuing violations, (ii) all violations creating an immediate danger to health and safety, and (iii) continuing violations unrelated to building, plumbing, electrical, or other similar structural or zoning issues, are punishable by administrative citation without a correction period. Nothing in this paragraph shall limit the authority of any county department or enforcing officer to, in their discretion, provide for a correction period for any type of violation,

(4) An administrative citation will include all of the following information:

The name and mailing address of the responsible party, as available or apparent to the enforcing officer.

A description of the violation and the code section(s) violated.

The date and approximate time of the violation or the inspection in which the violation was observed or detected.

The location of the violation or the inspection in which the violation was observed or detected.

An order prohibiting the continuation or repeated occurrence of the violation.

Corrective action(s) required to obtain compliance, and a statement that corrective actions must comply with the requirements of this code, including permitting requirements.

The amount of the administrative fine.

The time period in which the administrative fine must be paid, the procedure and place to pay the fine(s), and any late charge(s) and interest if not timely paid.

A statement that payment does not excuse correction of the violation.

A description of the administrative citation appeal process, including the time within which to appeal the administrative citation.

The name and signature of the enforcing officer.

The date of issuance of the citation.

(e) Service.

(1) The administrative citation, compliance order, and all other notices served under this section shall be served on a responsible party as follows, unless another means of service is specified or agreed to:

An enforcing officer may personally serve the responsible party. The enforcing officer may obtain the signature of the responsible party to establish personal service. If the responsible party refuses to or otherwise does not provide a signature, the lack of signature shall in no way affect the validity of the administrative citation or related proceedings. The enforcing officer shall write on the citation's signature line that the responsible party refused to sign the citation.

The enforcing officer may effect service by first class mail and certified mail, postage prepaid and return receipt requested, to any one of the following: the property address where the violation is being maintained, the mailing address listed for the property owner on the last county equalized assessment roll, or any other location reasonably calculated to give notice to the responsible party.

If the responsible party is an entity and not an individual, and the proprietor or other individual authorized to accept service on behalf of the entity is at or near the premises, the enforcing officer may attempt personal service on such proprietor or individual or leave notice with an employee of the entity. A copy shall also be sent by first class mail and certified mail, postage prepaid and return receipt requested, to the property where the violation is being maintained or any other location reasonably calculated to give notice to the responsible party.

(2) Personal service shall be effective on the date of personal service. Service by mail shall be effective on the date of verified receipt of certified mail. If the citation or notice is returned as unable to serve via certified mail, service is effective on the date three (3) days following deposit in the first-class mail.

(3) Proof of service may be made by a declaration of service by any officer or employee of the county or by affidavit of any person over the age of eighteen (18) years.

(4) The failure of a person to receive or accept a properly addressed service shall not affect its validity or the validity of any proceedings relating to the violation).

(f) Fines.

(1) Except as otherwise provided in this code, for any violation that is subject to this section, the fine imposed by an administrative citation shall be up to one hundred dollars ($100.00) for a first violation, up to two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year, and up to five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

Except as otherwise provided in this code, the amount of the fine for a violation of a building or safety ordinance shall be up to one hundred dollars ($100.00) for a first violation, up to five hundred dollars ($500.00) for a second violation of the same ordinance within one year, find up to one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one (1) year.

(2) If the maximum fine amounts established, by or referenced in Government Code section 53069.4 are increased or decreased by amendment, the fine amounts set forth in this subsection shall automatically be adjusted to equal the amended maximum amounts.

(3) This subsection shall not supersede or limit any code section that provides for administrative citations with fines that differ from those specified in this subsection.

(g) Payment. The fine must be paid to the address specified in the administrative citation within thirty (30) days after the service of the citation. Payment of the fine under this section does not excuse any continuation or repeated occurrence of the violation that is the subject of the fine. The payment of a fine does not bar the county from taking any other enforcement action regarding a violation that is not corrected. Abatement of a violation shall not excuse the obligation of the responsible party to pay a fine or any late charges or interest imposed on its untimely payment.

(h) Appeal.

(1) Any person to whom an administrative citation is issued may contest the citation by requesting a hearing pursuant to the procedures set forth in this section. The request must be made in a written appeal submitted within thirty (30) days after the service of the citation. The appeal must contain:

A brief statement setting forth the interest the appealing party has in the matter.

A brief statement of the material facts that the appellant claims supports the contention that no administrative fine should be imposed or that an administrative fine of a different amount is warranted.

An address at which the appellant agrees to receive, by first class-mail, notice of any additional proceedings or an order relating to the imposition of the administrative fine. Service of such notices shall be effective three (3) days following deposit in the first-class mail.

A signature by the appellant under penalty of perjury.

(2) The appeal must be submitted with either (i) an advance deposit of the full amount of the fine or (ii) notice that a request for an advance deposit hardship waiver has been filed pursuant to this section. No hearing to contest an administrative citation shall be scheduled or heard unless and until the administrative fine has been deposited in advance or ah advance deposit hardship waiver has been granted.

(3) The failure of any person to file a proper appeal in accordance with this section shall constitute a failure to exhaust administrative remedies, and a waiver of the right to an administrative hearing and adjudication of the administrative citation or fine or any portion thereof. The enforcing officer's decision regarding the violation and the amount of the fine shall be deemed confirmed.

(4) The appeal provisions in this section may be applied in the absence of procedures to contest administrative citations authorized elsewhere in this Code but shall not supersede or limit any appeal and hearing procedures provided elsewhere in this code.

(i) Advance Deposit Hardship Waiver.

(1) Any person who requests a hearing and who is financially unable to pay the advance deposit of the fine as required by this section may file a request for an advance deposit hardship waiver.

(2) The request for an advance deposit hardship waiver shall be filed with the county department that issued the administrative citation. The request shall be documented by a sworn statement, together with any supporting documents or materials, demonstrating the person's financial inability to deposit the full amount of the administrative fine in advance of the hearing. The director or designee may request additional information to verify the appellant's financial inability. The requirement that the full amount of the fine be deposited pursuant to this section shall be stayed until the director or designee makes a determination.

(3) The director or designee shall issue a written determination of whether or not to issue the advance deposit hardship waiver. If the director or designee determines not to issue an advance deposit hardship waiver, the person shall remit the advance deposit of the fine to the county within seven (7) days of service of that decision to the address provided in the written appeal. Failure to pay the deposit in a timely manner shall result in a waiver of the right to a hearing before the hearing officer. The decision of the director or designee shall be final and there shall be no right of appeal to the board of supervisors.

(j) Notice of Hearing,

(1) Only after a request for hearing is received within the required period, and the responsible party requesting the hearing has either deposited the fine in full or obtained an advance deposit hardship waiver, shall the county set the date and time for the appeal hearing.

The hearing shall be set for a date no more than sixty (60) days from the date of a timely filed appeal unless the enforcing officer determines that good cause exists for an extension of time.

(2) The appellant shall be served with notice of the date, time, and place set for the hearing at least fifteen (15) days prior to the date of the hearing. Notice shall be mailed to the address provided in the written appeal.

(3) If the enforcing officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

(4) Hearings may be continued once at the request of the appellant or the enforcing officer who issued the citation. The hearing officer may also continue the hearing on his or her own accord for cause.

(k) Hearing Officer. The hearing officer shall be a person designated by the board of supervisors to preside over hearings concerning administrative citations. The designated hearing officer shall be an impartial person, such as:

An Administrative Law Judge provided by the State of California Office of Administrative Hearings pursuant to Government Code section 27727;

Any duly appointed individual who meets the requirements of Government Code section 27724; or

An independent contractor hired from an organization that provides hearing officers.

(l) Conduct of Hearing.

(1) The hearing serves to provide full opportunity for a person subject to an administrative citation to object to the determination that a violation has occurred, that the violation continues to exist, that the cited person was in fact the person responsible for the violation, and/or the amount of the administrative fine.

(2) At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing and consider all written or oral evidence presented at the hearing. Administrative hearings are informal and need not be conducted according to technical rules related to evidence and witnesses, except as provided herein. Irrelevant evidence shall be excluded, and the hearing officer has discretion to exclude evidence if it its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time. Each party shall have the opportunity to present evidence in support of that party's case and to cross examine any witnesses present. Oral evidence shall be taken only on oath or affirmation. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible in civil actions. The refusal of a witness at a hearing to answer any question which has been ruled to be proper may be grounds for striking the portions of the testimony of such witness on related matters or making such inferences as may be proper under the circumstances, unless the refusal to answer is privileged. The county bears the burden of proof to establish the violation, and the standard of proof shall be by a preponderance of the evidence.

The administrative citation and any additional report submitted by the enforcing officer or his or her designee shall constitute prima facie evidence of the respective facts contained in those documents.

Parties may represent themselves or be represented by any person of their choice.

(3) The hearing officer may continue the hearing and request additional information from the enforcing officer or the person receiving the administrative citation prior to issuing a written decision.

(4) Absent a showing of good cause or the prior granting of a continuance in writing, the failure of the appellant to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

(m) Decision.

(1) In making a decision regarding the administrative fine, the hearing officer shall consider all evidence presented; the seriousness of the violation; the willfulness of the responsible party and the responsible party's efforts to correct the violation; the injury or damage, if any, suffered by any member of the public; any instances in which the responsible party has been in violation of the same or similar code provisions at the site of the current violation in the previous three (3) years; the amount of administrative penalties which have been imposed in similar situations; and any other factors the hearing officer deems material.

(2) No later than twenty (20) days after the date on which the hearing concludes, or after the appellant has failed to appear at the hearing, the hearing officer will issue a written decision to the county and appellant to (i) uphold or reject the finding of a violation and (ii) uphold, modify, suspend, or cancel the administrative fine. The decision shall list the reason or reasons for the decision and may order the responsible party to correct violations within a specified time period or take other action as authorized or required by the county code and applicable state laws.

(3) If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the county shall be retained by the county. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine. The decision shall inform the responsible party that if the fine is not paid within the time specified it may be collected as provided in this section.

If the hearing officer determines that the administrative citation should be canceled or that the fine deposited with the county should be returned, in whole or in part, the county shall refund the amount of the deposited fine owed to the responsible party within thirty (30) days of the cancellation or reduction.

(4) The decision of the hearing officer shall be final. The failure to comply with the final decision of the hearing officer shall be a misdemeanor. The filing of a criminal misdemeanor action does not preclude the county from using any other legal remedy available to gain compliance with the decision.

(n) Final Order. The imposition of the administrative fine becomes a final order at one (1) of the following times:

On the deadline for payment specified in the administrative citation, if the responsible party fails to pay the fine or fails to file an appeal as provided in this section.

On the date of the written decision by the hearing officer, if the responsible party filed an appeal as provided in this section and deposited the fine amount with the appeal.

On the deadline for payment specified in the written decision by the hearing officer upholding all or part of the administrative citation, if the responsible party filed an appeal as provided in this section and obtained an advance deposit hardship waiver.

(o) Judicial Review. A hearing officer's decision must be appealed to the Superior Court of Sonoma County in accordance with the provisions set forth in Government Code section 53069.4 or Code of Civil Procedure section 1094.5.

(p) Late Payment and Collection.

(1) Any person who fails to pay an administrative fine on or before the date the imposition of the fine becomes a final order shall be liable for the payment of a late payment charge as established by a resolution adopted by the board of supervisors. In the absence of such resolution, the late payment charge for payments received after the due date shall be twenty-five percent (25%) of the fine.

(2) The board of supervisors may, by resolution, also establish and impose a ten-percent interest charge on fines that are not fully paid to the county on the due date. Interest shall not be imposed on a late charge, and shall not exceed the maximum allowable rate allowed by law. The rate of interest and the commencement of its accrual may be modified from time to time by a resolution of the board of supervisors.

(3) Unpaid fines and interest thereon and/or late charges shall be a personal obligation and debt of the responsible party which may be collected by the county in any manner allowed by law including but not limited to referring the matter to a third party collection agency or filing a civil action. The county may also recover the county's collection costs, including attorney fees. The remedies set forth in this subsection are not exclusive and may be used in addition to those set forth elsewhere in this code or by law.

(q) Recordation.

(1) When a property-based violation for which a correction period was provided remains uncorrected after the expiration of the period to appeal an administrative citation, or after a hearing officer's decision upholding the finding of a violation, a copy of the administrative citation may be recorded in the official records of the county of Sonoma if the following prerequisites are met:

A violation has remained uncorrected on the property for at least thirty (30) days after the imposition of an administrative fine becomes a final order.

The owner, if not the responsible party, has been notified of the prospective recordation and been offered the opportunity to correct the violation. Notice to the owner(s) shall be sent to the address listed in the county assessor's roll.

The recorded citation shall include the name of the property owner(s), assessor's parcel number, the parcel's legal description, and a copy of the latest citation.

(2) When the enforcing officer determines that all violations have been corrected or removed and all fines and any costs or interest have been paid, the property owner and any other responsible parties shall be issued a notice of compliance, which can be recorded.

(Ord. No. 6322, § II(Exh. A), 9-1-2020; Ord. No. 6319, § II(Exh. A), 8-18-2020; Ord. No. 6236, § I(Exh. B), 7-24-2018)

Editor's note— Ord. No. 6364, § VII, adopted Dec. 14, 2021, repealed § 1-8, which pertained to supervisorial districts described and derived from Ord. No. 2312 § 1; Ord. No. 2917 § 1; Ord. No. 4432 § 2, adopted in 1991; Ord. No. 5304 § 2, adopted in 2001; and Ord. No. 5950, § II, adopted Sep. 20, 2011.

The Sonoma County Judicial District shall include all the territory situated within the boundaries of the county of Sonoma.

(Ord. No. 1490 § 2.)

Footnotes:

--- (21) ---

For state law as to justice courts generally, see Gov. C. §71001 et seq. As to division of county into judicial districts, see Gov. C. §71040 et seq. As to county counsel, see §§2-11 to 2-15 of this code. As to public defender, see §§ 2-16 to 2-18. As to parole officer, see §2-23. As to court house building and grounds generally, see §§19-1 to 19-5.

Under and pursuant to Section 1208 of the Penal Code of the state, the board of supervisors finds, on the basis of education conditions, the state of county jail facilities, and other pertinent circumstances, insofar as relates to employment in the county that the operation of such code section is feasible and therefore, the work-furlough program provided for in such code shall become operative on the effective date of this section.

The probation officer of the county shall be the administrator of such work-furlough program.

The administrator of the work-furlough program is authorized to enter into agreements with one (1) or more counties for the transfer of persons sentenced in one (1) county who are regularly employed in another county, to transfer the persons sentenced from the county of sentencing to the county where they are employed, and to provide for the support of such transferred persons by the county from which they are transferred. The authority of the administrator of the work-furlough program is to be exercised in accordance with Section 1208.5 of the Penal Code of the state of California.

(Ord. No. 1355 §§ 1, 2.)

(a) Any purportedly binding promise or representation made by any officer, employee or agent of the county, including other public agencies governed in whole or in part by the board of supervisors, that would require the payment of money, performance of service, transfer of any property, real or personal, or the giving of any other thing of value of the county, or other public agency governed in whole or in part by the board of supervisors, where the making of the promise or the representation did not have the express prior authorization of the board of supervisors is, unless otherwise provided by law, unenforceable and void. The delegation of authority to the department head or purchasing agent in Sections 2-52 et seq. of this code is an express prior authorization within the meaning of this section.

(b) Notwithstanding the foregoing, the board of supervisors retains the right, in its sole discretion, to ratify any such promise or representation by adopting a resolution expressly for that purpose.

(Ord. No. 4478 § 2, 1992.)