Sutter County Municipal Code Ch. 87 Administrative Penalties

Footnotes:

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Editor's note— Ord. No. 1683, § 1, adopted July 27, 2021, amended Chapter 87 in its entirety to read as herein set out. Former Chapter 87, §§ 87-010—87-160, pertained to similar subject matter, and derived from Ord. No. 1674, § 1, August 11, 2020.

This chapter shall hereinafter be referred to as the "Sutter County Administrative Penalties" ordinance and is enacted pursuant to Government Code Section 53069.4.

(Ord. No. 1683, § 1, 7-27-2021)

(a) This chapter is adopted to achieve the following goals:

(1) To protect the public health, safety and welfare of the communities and citizens in the county of Sutter; and,

(2) To provide guidance on the identification and abatement of public nuisances within the County; and

(3) To provide a method to hold parties responsible who fail or refuse to comply with the provisions and or terms of the Sutter County Ordinance Code; and

(4) To minimize the expense and delay where otherwise the county must pursue responsible parties in the civil or criminal justice system.

(b) The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law and available to address violations of the Sutter County Ordinance Code (hereinafter, "Code").

(c) Notwithstanding any other provision of this Code, whenever an act, event or condition results in violation of certain chapters of the code, the procedures set out in this chapter may be used to impose a penalty on violators.

(d) Use of this chapter is at the sole discretion of the Public Official, as defined below.

(Ord. No. 1683, § 1, 7-27-2021)

As used in this chapter:

Affected department shall mean whichever of the following county departments has the responsibility to administer or enforce the applicable provisions of this Code: planning, environmental health, fire, building and safety, or code enforcement.

Enforcement officer or Enforcing Officer shall mean any person employed by the county of Sutter and appointed to the position of code enforcement officer, as authorized under Penal Code section 829.5 with the authority granted under section 836.5.

Citation or Administrative citation means a civil citation issued pursuant to this chapter stating that there has been a violation of one or more provisions of the code and setting the amount of the administrative penalty to be paid by the responsible party.

Code means the Sutter County Ordinance Code.

Days means calendar days.

Director means the Director of the affected Sutter County Department or his or her designated representative or agent.

Hearing officer means any person appointed by the Board of Supervisors pursuant to California Government Code Section 27720, et seq., or if none available, the affected director of the department.

Premises shall mean the real property of the violator, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto, where any violation of any of the provisions of this chapter has or is suspected to have occurred or is suspected to be occurring.

Public official means the Development Services Department Director, Agricultural Commissioner, building official, fire chief, health officer or designees, or any other individual or body appointed by the Board of Supervisors to enforce codes and which is authorized to administer this chapter.

Responsible Party or Violator shall mean an individual, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, firm, organization, partnership, joint venture or any other entity whatsoever whose action or actions caused or contributed to violations of codes specified in this chapter.

Year means 365days.

(Ord. No. 1683, § 1, 7-27-2021)

(a) Any Responsible Party violating any provision of the code may be issued a Notice and Order and/or an administrative citation by a public official in accordance with the provisions of this chapter.

(b) Each Responsible Party violating the Code shall be guilty of a Misdemeanor, unless otherwise listed in the code.

(c) Each Responsible Party violating the Code shall be guilty of a separate offense for each and every day of which any violation of any provision of this chapter, or a failure to comply with any regulation adopted pursuant to this Code, is committed, continued, or permitted in whole or in part, by any such person. Any violation which persists for more than one day is deemed a continuing violation for the purpose of this chapter and may be subject to additional administrative citations, penalties, costs and fees as a new and additional offense.

(d) The public official may issue a citation for a violation not committed in the official's presence, if the official has determined through investigation that the responsible party did commit or is otherwise responsible for the violation.

(Ord. No. 1683, § 1, 7-27-2021)

(a) Under direction of the Director, the enforcing officer may issue a written notice entitled "Notice and Order" for any violations of the Code.

(b) The Notice and Order shall contain the following:

(1) The street address and a legal description sufficient for identification of the premises upon which the building is located.

(2) A statement that the enforcement officer has found the building or property to be in violation with the Code or other law.

(3) A brief and concise description of the conditions found to render the building or property in violation according to the appropriate statutory code.

(4) For buildings subject to the State Housing Law and SCO 1320-110 Substandard Housing Nuisance, this statement shall also include a brief and concise description of the conditions found to render the building a substandard building as defined in Health and Safety Code section 17920.3 or a building described in Health and Safety Code section 17920.10, and the conditions found to render the building a nuisance as defined in Health and Safety Code section 17920.

(5) A statement of the action(s) required to be taken as determined by the code enforcement officer to correct the violation(s).

a. If, in the opinion of the code enforcement officer, these conditions can be corrected, repaired, or abated, the notice and order shall state when the violations will need to be corrected. The date shall be a time determined solely by the enforcing officer and shall be considered a reasonable period of time by that enforcing officer.

b. However, the failure of the notice to identify specific repairs shall not invalidate the proceedings.

c. If the owner chooses to repair or abate, all required permits shall be secured therefore, by the owner.

(6) Statements advising that if the owner does not correct the violation, the code enforcement officer may institute proceedings for the abatement as set forth in this Code.

(7) The name, address, and telephone number of the agency that issued the notice or order.

(Ord. No. 1683, § 1, 7-27-2021)

(a) The Enforcing Officer shall conduct an office follow up, or field inspection to confirm the violation(s) listed on the Notice and Order have not been corrected. The Officer shall obtain additional evidence or documentation confirming such non-compliance and may issue an administrative citation.

(b) The administrative citation shall be issued on a form containing:

(1) The name and address of the responsible party and, if known and applicable, the physical address of the property or Premises where the violation exists or occurred;

(2) A statement of the acts, events or conditions which resulted in a violation of the Code or other law, including a reference to the chapter or statutory authority and the date of occurrence of the violation(s) included within the citation;

(3) A statement which shall require the recipient of the citation immediately to correct the violations cited therein, within the time provided in the citation, and shall explain the consequences of failure to do so, including but not limited to, additional citation(s) which may be considered at the Administrative Hearing;

(4) The amount of the administrative penalty imposed by the citation;

(5) A statement explaining how, where, to whom, and within what number of days the penalty shall be paid;

(6) Identification of administrative rights, including the time within which the citation may be contested and how to contest the citation;

(7) The time, date, and location of the Administrative Hearing;

(8) A statement that the responsible party may request an Administrative Hearing for a date sooner than listed on the Citation, by contact the enforcing officer within 72 hours of issuance; and

(9) The signature of the public official issuing the citation along with the date of issuance of the citation.

(Ord. No. 1683, § 1, 7-27-2021)

(a) Any Responsible Party disputing the issuance of an administrative citation may contest the citation by appearing at the Administrative Hearing listed on the Administrative Citation.

(b) Failure to appear at specified time and date for the hearing constitutes a failure to exhaust administrative remedies and is a waiver of any right to appeal such citation.

(c)f

the Hearing Officer upholds the Notice and Order and/or Administrative Citation, in whole or in part, an administrative hearing fee will be imposed in addition to all other fines, fees and costs.

(1) The administrative hearing fee is to be set by the Board of Supervisors and listed in the Fee Schedule for Development Services.

(2) No administrative hearing fee will be imposed if the Hearing Officer determines no violation of the Sutter County Code has occurred.

(3) No administrative hearing fee will be imposed if the responsible party notifies the Enforcing Officer by phone, email or certified mail 72 hours prior to the scheduled hearing that he or she is not contesting the citation.

(Ord. No. 1683, § 1, 7-27-2021)

(a) A hearing before the hearing officer shall be set for a date that is not less than five (5) days but no more thirty (30) days from the date the first Administrative Citation was issued in accordance with the provisions of this Code, unless agreed by both parties in writing.

(b) In determining if a violation occurred, the hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) on the date(s) specified in the administrative citation.

(c) Any administrative hearing conducted pursuant to this Chapter need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to relying in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time. Personal information about any reporting party related to the violation(s) shall not be disclosed and will remain confidential.

(d) A hearing may be continued, if agreed upon in writing by all parties and submitted to the Hearing Officer, 72 hours before the scheduled hearing. If less than 72 hours before the hearing, the Hearing Officer, in his or her sole discretion, may continue the hearing as necessary, only with a showing of good cause. No continuance shall be granted for more than five business days unless all parties agreed, in writing, to a longer continuance. If the party does not receive a written approval of his or her request, they must appear at the originally scheduled hearing.

(e) Parties may request to appear at the hearing telephonically or through other virtual methods. Such request must be in writing and received by the Hearing Officer 72 hours prior to the scheduled date and time of the hearing. Approval of such request is at the sole discretion of the Hearing Officer. If the party does not receive a written approval of his or her request, they must appear at the originally scheduled hearing.

(f) The failure of a responsible party to appear at the administrative citation hearing shall be deemed a failure to exhaust administrative remedies and a forfeiture of the right to appeal or challenge the citation.

(g) The decision of the hearing officer as to uphold, uphold in part, or deny the administrative citation pursuant to this section shall be the final administrative decision.

(h) In his or her decision, the hearing officer may compromise the amount of any administrative penalties, fines, or fees. When determining whether to compromise any penalty amount, the hearing officer shall take into consideration the nature, circumstances, and gravity of the violation(s), any prior history of violation, the degree of culpability, the financial burden to the person(s) upon whom the penalty has been imposed, the degree to which the proposed compromise will facilitate collection of the penalties without the need for further legal action, and any other matters justice may require.

(i) Within ten days of the conclusion of the hearing, the hearing officer shall provide the responsible party with a written decision to uphold, modify, or cancel the administrative fine and will list in the decision the reason or reasons for that decision ("administrative order"). The hearing officer shall serve the administrative order on the responsible party by personal service or registered or certified mail at the responsible party's last known address.

(Ord. No. 1683, § 1, 7-27-2021)

(a) The imposition of the administrative fine becomes a final administrative order on the date of the written decision by the hearing officer.

(b) The responsible person(s) may file an appeal in Superior Court, County of Sutter in accordance with the timelines and provisions set forth in California Government Code Section 53069.4

(Ord. No. 1683, § 1, 7-27-2021)

(a) The Public Official may record a copy of the notice with the Sutter County Recorder after the imposition of the administrative fine becomes a final administrative order. If the notice of fine is recorded and the violation is subsequently corrected, the Public Official will record a notice of correction within 30 days of satisfaction of correction.

(Ord. No. 1683, § 1, 7-27-2021)

(a) Infraction. Unless provided otherwise in this Code, administrative fine for the violation of any ordinance which is an infraction shall be assessed as follows:

(1) Unless provided otherwise in this Code, a fine not exceeding one hundred dollars ($100.00) for a first violation; a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year from the date of the first violation; and, a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year from the date of the first violation.

(b) Building and Safety. Unless provided otherwise in this Code, a violation of any local building and safety code shall be punishable by a fine not exceeding one hundred thirty dollars ($130.00) for a first violation; a fine not exceeding seven hundred dollars ($700.00) for a second violation of the same ordinance within one year from the date of the first violation; and, a fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one year from the date of the first violation.

(c) Misdemeanor. Unless provided otherwise in this Code, administrative penalties for the violation of any ordinance designated as a misdemeanor shall be assessed as follows: a fine not exceeding two hundred fifty dollars ($250.00) for the first violation; a fine not exceeding five hundred dollars ($500.00) for the second violation of the same ordinance within one year from the date of the first violation; and, a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year from the date of the first violation.

(d) Continuing Violation. Where the administrative citation is issued for a continuing violation, unless the violation creates an immediate danger to health or safety or involves the cultivation of marijuana, the responsible party shall be provided with an opportunity to correct the violation prior to the imposition of the administrative penalty in accordance with the following:

(1) If a responsible party fails to correct the violation(s) by the date listed on the notice and order, an administrative citation will be issued.

(2) The administrative penalty, or any portion thereof, for a first-time violation which has become effective following the corrective period may be waived by the Director in his/her sole discretion only if the responsible party corrects the violation in accordance with all conditions established by the public official.

(3) If after ten calendar days from the date of the first administrative citation, such violation is not corrected, the public official may issue a new administrative citation. Such new administrative citation will constitute a second continuing violation and fines and fees will be imposed in accordance with this Code.

(4) If after ten calendar days from the date of the second administrative citation, such violation is not corrected, the public official may issue a new administrative citation. Such new administrative citation will constitute a third continuing violation and fines and fees will be imposed in accordance with this Code.

(5) Nothing in this Code shall constitute a requirement for the public official to follow the timeframe established above. Nor shall this Code mandate that responsible parties are to be given such time to correct the violation if, in the public official's sole discretion, determines it to not be reasonable.

(Ord. No. 1683, § 1, 7-27-2021)

(a) Refusal to Issue; Waiver. No department, commission or employee of the County of Sutter vested with the duty or authority to issue or approve permits or licenses shall do so when there is an outstanding violation for which a citation has been issued pursuant to this chapter involving the premises to which the pending application pertains. 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.

(1) Upon notification by a code enforcement officer that such a violation exists, all departments, such commissions, and employees shall refuse to issue permits or licenses or entitlements involving the premises except those necessary to abate such violation.

(2) 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.

(3) Waiver. The Director of the affected department may waive the provisions of this section regarding refusal to issue if he or she determines such waiver to be required to allow necessary or desirable remedial, protective or preventative work.

(Ord. No. 1683, § 1, 7-27-2021)

The fine must be paid to the County within 30 days after the imposition of the administrative fine becomes a final administrative order. Payment of a fine under this chapter does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the notice of fine. The payment of a fine does not bar the County from taking any other enforcement action regarding a violation that is not corrected. Interest shall accrue in accordance with Sutter County Ordinance Code section 87-140(a).

(Ord. No. 1683, § 1, 7-27-2021)

(a) Interest. In the event the responsible party fails to pay the administrative penalty when due, the County may take any actions permitted by law or ordinance to collect the unpaid penalty, which shall accrue interest at a rate of ten percent per annum, commencing 30 days after the administrative penalty becomes due and continuing until paid, as provided by CCP 685.010.

(b) Costs. In the event a civil action is commenced to collect the administrative penalty, the County shall be entitled to recover all costs associated with the enforcement, investigation, establishment and collection of the penalty. Costs include, but are not limited to, staff time and costs incurred in the enforcement, investigation, establishment and the collection or processing of the penalty, attorney fees, and those costs set forth in Code of Civil Procedures Sections 685.010 et seq. and 1033.5.

(c) Lien for Administrative Penalties. The amount of any unpaid administrative penalty, plus any other costs as provided in this chapter, may be declared a lien on real property owned by the responsible party within the County, as provided by CCP 637.310, as follows:

(1) Notice shall be given to the responsible party prior to the recordation of the lien, and shall be mailed first- class mail postage prepaid to the last known address; and

(2) When the public official records a lien listing delinquent unpaid administrative penalties with the county recorder's office, the lien shall specify the amount of the lien, the date of the code violations, the date of the final administrative decision, the administrative case number, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name of the owner of the parcel according to the last equalized assessment roll; and

(3) In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge and release of the lien shall be prepared by the public official and filed with the Superior Court, and/or recorded with the Clerk Recorder.

(4) Upon notice of payment of such a judgment, the code enforcement officer shall file and serve an acknowledgment of satisfaction of judgment, as provided by Code of Civil Procedure sections 724.030 and 724.040.

(d) Special Assessment Lien for Abatement Costs. The amount of the unpaid costs for the abatement of a nuisance under the Sutter County Ordinance Code, may be declared a special assessment against any real property owned by the responsible party and located within the County pursuant to CCP 38773.5.

(1) The Director or County Counsel may impose the special assessment on one or more parcels.

(2) The Enforcement Officer shall prepare a report on the statement of expense including the total amount owed or compile more than one statement of expense itemized by parcel, to a Hearing Officer.

(3) The Enforcement Officer shall serve a written notice of hearing, a copy of the statement of expense, and notice that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

(4) At the time and date set for the hearing, the Hearing Officer shall review and consider the statement(s) of expense and any protests or objections.

(5) If approved by the Hearing Officer, the Director shall cause the special tax lien to be recorded against the respective parcels of real property pursuant to Section 25845 of the Government Code. The special tax lien shall have no force and effect until recorded with the County Recorder.

(6) Upon recordation, the Clerk of the Board shall serve, in the manner set forth in Section 87-160, a copy of the recorded notice(s). The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.

(7) The assessment may then be collected at the same time and in the same manner as ordinary taxes are collected and shall be subjected to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary property taxes.

(8) All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

(e) [Enforcement.] The county may take any action permitted for enforcement of a civil money judgment pursuant to the Enforcement of Judgment Law, California Code of Civil Procedure Section 680.010 et. seq.

(Ord. No. 1683, § 1, 7-27-2021)

To the extent permitted by law, all fines levied and paid in addition to all fees paid pursuant to Chapter 87 of the Sutter County Ordinance shall be deposited in the county treasury, to be distributed pursuant to Board authorized priorities.

(Ord. No. 1683, § 1, 7-27-2021)

All notices or decisions required to be served by this chapter shall be served by a method below. The failure of a person to receive a properly addressed service shall not affect the validity of the proceedings.

(a) Certified first-class mail. Certified mail will be addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known. Service is deemed completed upon the deposit of the notice or decision, postage pre-paid, in the United States mail. Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail. Failure of any responsible party to receive such notice and order or administrative citation shall not affect the validity of any proceedings taken under this section against any other responsible party. Service by first class mail postage prepaid in the manner provided in this section shall be effective on the date of mailing.

(b) Posting. Posting of the notice or decision will be conspicuously on or in front of the property. If the property has no frontage, posting will be on the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner.

(c) Personal service. Personal service is deemed complete on the date the notice or decision is personally served.

(d) Publication. If the responsible party in violation or other person entitled to service cannot be located or service cannot be effected as set forth in this section, service may be made by publication once in a newspaper of general circulation.

(e) Exceptions. Notwithstanding the provisions of subsection (a)—(d) of this section, no notice need be given, and a code enforcement officer may immediately issue a citation under this chapter, upon the request of the affected department and when there is reasonable basis to believe that: the violation constitutes an imminent threat to the health and safety of any person or persons, including that of the alleged violator, or to property; or the violator may not remain in the county or may otherwise be difficult to locate at a later time.

(Ord. No. 1683, § 1, 7-27-2021)

Notwithstanding any other provision of the Sutter County Ordinance Code, when any violation, whether or not subject to the State Housing Law, constitutes an immediate threat to public health or safety, and when the procedures set forth in the Code would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may direct any officer or employee of the County to summarily abate the nuisance. The Enforcement Officer shall make reasonable efforts to notify the persons identified on the title of the property, but the formal notice and hearing procedures set forth in the code shall not apply. The county may nevertheless recover its costs for abating that nuisance.

(Ord. No. 1683, § 1, 7-27-2021)

The form of the citations and orders issued pursuant to this chapter shall be approved by the County Counsel and/or the District Attorney.

(Ord. No. 1683, § 1, 7-27-2021)

(a) In addition to any and all other remedies provided under local, state, or federal law, a public official may immediately seek a judicial cease and desist order requiring the owner or operator of any facility, building, property, or vehicle, or any other person responsible for any violation of the Sutter County Ordinance(s), to take any of the following actions:

(1) Immediately discontinue any violation of the Ordinance;

(2) Satisfactorily remediate the area affected by the violation.

(Ord. No. 1683, § 1, 7-27-2021)

No provision in this Code precludes a responsible party from entering into a settlement agreement with the County at any time, including after an administrative order has been issued.

(Ord. No. 1683, § 1, 7-27-2021)

Nothing in this chapter shall prevent the appropriate authorities of the County of Sutter from pursuing any civil, criminal, or administrative remedy deemed necessary or appropriate to gain compliance with the applicable provisions of this Code. The provisions of this chapter are to be supplementary and complementary to all of the provisions of this Code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to bar or limit the County from seeking any remedy to which it may otherwise be entitled.

(Ord. No. 1683, § 1, 7-27-2021)

There shall be no civil liability on the part of, and no cause of action shall arise against, the Enforcement Officer or any County official or personnel acting pursuant to this Code and within the scope of their authority.

(Ord. No. 1683, § 1, 7-27-2021)

Nothing in this Code shall be construed as imposing on the Enforcement Officer or the County any duty to issue a notice of violation and order to abate any violation of this chapter, nor to take any other action with regard to any violation of this chapter. Neither the Enforcement Officer nor the County shall be held liable for failure to issue a notice of violation and order to abate any violation of this chapter, nor for failure to take any other action with regard to any violation of this chapter.

(Ord. No. 1683, § 1, 7-27-2021)