Tehama Municipal Code Art. III Enforcement

Whenever the enforcing officer determines that any grading is occurring or has occurred in violation of the provisions of this chapter, without a grading permit, in violation of the terms and conditions for the permit, or in violation of the grading standards or other applicable law, or without compliance with the conditions of any other applicable permit or governmental approval to perform the work, the enforcing officer shall issue a stop order directing that the violation cease immediately. The order shall state the nature of the violation and that it is deemed to be a nuisance and shall contain references to applicable provisions of law, the grading standards or conditions of approval upon which the enforcing officer based his determination. The order shall include a statement of any corrective action or restoration work the enforcing officer deems necessary to abate the condition. It shall be unlawful and a violation of this code for any person to resume grading activities that were ordered to be stopped by the enforcing officer, unless the enforcing officer has first required and the person has agreed to any necessary corrective measures, and the enforcing officer has authorized resumption of work. The person to whom a stop work order is issued may appeal the issuance of the order to the board of supervisors within thirty days of issuance of the order, but the filing of such appeal shall not permit the resumption of grading activities that were ordered to be stopped by the enforcing officer. The board of supervisors may affirm, modify, or set aside, in whole or in part, by its own order, any stop work order of the director.

(Ord. 1901 § 1(part), 2008)

In addition to any other penalty, each violation of this chapter may be subject to an administrative penalty of up to five thousand dollars per day. The administrative penalty may be imposed via the administrative process set forth in this section, as provided in Government Code Section 53069.4, or may be imposed by the court if the violation requires court enforcement without an administrative process. In the case of a continuing violation, if the violation does not create an immediate danger to health or safety, the enforcing officer or the court shall provide for a reasonable period of time, not to exceed three days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of administrative penalties. In determining the amount of the administrative penalty, the enforcing officer or the court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty by the enforcing officer shall become effective upon issuance, and payment shall be made to the county within thirty days, unless the person to whom the order is issued appeals to the board of supervisors for review of the order within that time. If the person to whom the order is issued appeals the enforcing officer's decision to impose an administrative penalty to the board of supervisors, the person shall be notified by certified mail when the matter has been set for hearing. After the hearing, the board of supervisors may affirm, modify, or set aside, in whole or in part, by its own order, any order of the enforcing officer imposing an administrative penalty. Any order of the board of supervisors shall become effective upon issuance thereof and shall be served by certified mail upon the appellant. Payment of an administrative penalty specified in the board of supervisors' order shall be made to the county within thirty days of service of the order. In addition to any other remedy, the county may prosecute a civil action through the office of the county counsel to collect any administrative penalties imposed pursuant to this section.

(Ord. 1901 § 1(part), 2008)

Violation of this chapter is hereby declared to be a public nuisance and such violations may be redressed, enjoined, and abated by civil action through the office of the county counsel. If, in the judgment of the enforcing officer, the violation requires court enforcement without an administrative process, county counsel may also seek the administrative penalties provided by Section 9.43.230.

(Ord. 1901 § 1(part), 2008)

Any person violating any provision of this chapter shall be guilty of a misdemeanor. Each such person shall be charged with a separate offense for each and every day or portion thereof during which any violation of this chapter is committed, continued, or permitted. Upon conviction of any such violation, such person shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Ord. 1901 § 1(part), 2008)

No department, commission or employee of the County of Tehama vested with the duty or authority to issue or approve permits, licenses or other entitlements shall do so when there is an outstanding violation of this chapter, as determined by the director, 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. Upon notification by a director 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 director 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. 1901 § 1(part), 2008)

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. 1901 § 1(part), 2008)