Tehama County Municipal Code Art. III Enforcement and Costs

A. In any enforcement action brought pursuant to this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, each person who causes, permits, suffers, or maintains the fire hazard to exist shall be liable for all costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this chapter, whether those costs are incurred prior to, during, or following enactment of this chapter.

B. In any action by the enforcing officer to abate a fire hazard under this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorney's fees incurred. Recovery of attorneys' fees under this subsection shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.

(Ord. No. 2122, § 3.C., 6-21-2022)

A. In addition to, or alternative to, any other procedure set forth in this chapter, the county may abate any nuisance described in this chapter by the prosecution of a civil action through the office of the county counsel. All remedies otherwise available for a public nuisance cause of action shall be available in such an action, including but not limited to injunctive relief and receivership.

(Ord. No. 2122, § 3.C., 6-21-2022)

A. No department, commission or employee of the county vested with the duty or authority to issue or approve permits, licenses or other entitlements shall do so when there is an outstanding failure to abate a fire hazard within fourteen days of the date of service of the notice to abate fire hazard, unless timely appealed, or of the date that the decision of the planning commission or board of supervisors requiring such abatement involving the real property to which the pending application pertains. The authority to deny shall apply whether the applicant was the owner or occupant at the time of such violation or whether the applicant is either the current owner or occupant or a vendor of the current owner 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. Upon notification by the enforcing 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. The enforcing officer 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. 2122, § 3.C., 6-21-2022)