Tehama Municipal Code Ch. 10.14 Code Enforcement Policies and Procedures

The following non-exclusive policies and procedures provide one method of enforcement of Tehama County's zoning, building, sanitation and other ordinances contained in the following chapters of this code: Title 9, Health and Safety; Title 15, Building; Title 17, Zoning.

It is the policy of Tehama County to seek voluntary compliance with these provisions, but to provide an effective means of enforcement if such compliance is not obtained.

(Ord. 1814 §2(part), 2004)

(Ord. No. 1973, §§ 2, 3, 12-11-2013)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

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

"Code enforcement officer" shall mean any person employed by the county of Tehama and appointed to the position of code enforcement officer, as established by Tehama County Resolution Number 125-1991.

"Contiguous properties" shall mean any two properties which share a mutual boundary. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way.

"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 the chapters specified in Section 10.14.010 of this code has or is suspected to have occurred or is suspected to be occurring. The premises may include public property to which a violator has access.

"Violator" shall mean an adult owner, tenant, occupant, resident or other person having possession, control, or any other ownership interest in or the right of access to the premises, excluding persons having only a security interest in the premises, who is suspected or alleged to have violated or to be in violation of any of the provisions of the chapters specified in Section 10.14.010 of this code. There may be one or more violators as to any particular premises.

(Ord. 1814 §2(part), 2004)

A. Notices. If the county elects to utilize the procedures set forth in this chapter, the Tehama County code enforcement officer, upon referral from the environmental health, building and safety or planning department shall be responsible for the initial identification of and contact with persons who are suspected to be in violation of any provisions of the code which said departments respectively administer or enforce.

Under direction of the affected departments, the code enforcement officer may issue a first written warning notice giving violators not less than ten days to voluntarily comply. In the event of noncompliance with the first warning notice under this chapter, said code enforcement officer may issue a formal second written notice to violators.

Said second notice shall expressly state: that the violator is in violation of such code section as is applicable; that the violation shall be abated by the violator by specified action; that unless such violation is so abated within a specified time of not less than thirty days, said person shall be issued a citation to appear in court for said violation and for failing to comply with said second notice; that upon conviction of said violation or of failing to comply with said second notice penalties shall be imposed. The second notice shall be in form approved by the county counsel and shall include the name and phone number of the departmental employee from whom further information may be obtained.

The first and second notices issued hereunder shall be personally served on violators or mailed by first class mail in a sealed envelope with postage thereon fully prepaid and addressed to the violator at his or her last known address.

B. Exceptions. Notwithstanding the provisions of subsection A of this section, no notice need be given, and a county 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.

C. Failure to Comply with Second Notice. It shall be an infraction for any violator to refuse or fail to comply with a second notice issued to him or her pursuant to subsection A of this section.

D. Public Nuisance. Any violation that continues in disregard of a second notice issued pursuant to subsection A of this section is hereby declared to be a public nuisance and as such may be abated in the manner prescribed by law.

(Ord. 1814 §2(part), 2004)

(Ord. No. 1973, §§ 4, 5, 12-11-2012)

Editor's note— Ord. No. 1973, § 5, adopted Dec. 11, 2012, changed the title of § 10.14.030 from "Warning notices" to "Notice and citation procedure."

A. Enforcement Duties. Each code enforcement officer shall have the duty to enforce the provisions of Titles 9, 15 and 17 of this code.

B. Right of Entry. Whenever necessary to enforce any of the provisions of said titles, or whenever a code enforcement officer has reasonable cause to believe that there exists in or upon any premises any such violation which makes such premises unsafe, dangerous or hazardous, the code enforcement officer may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the code enforcement officer by this code; provided that if such premises be occupied, he or she shall first identify himself or herself as a Tehama County code enforcement officer and request entry; and if such premises be unoccupied, he or she shall first make a reasonable effort to locate the violator and request entry. If such entry is refused, the code enforcement officer shall have recourse to every remedy provided by law to secure entry.

C. Issuance of Citations. Each code enforcement officer is hereby authorized to issue citations for violations of the provisions of said chapters of this code, which they have the duty to enforce. Upon referral of a matter by the affected department to the appropriate code enforcement officer, the code enforcement officer shall contact the alleged violator per Section 10.14.030(A) of this chapter and, unless the violation has then been abated, the code enforcement officer shall issue a citation to the violator.

Prior to issuance of a citation, the code enforcement officer shall identify himself or herself as a county code enforcement officer. The code enforcement officer shall then request the alleged violator, and the alleged violator shall be required, to present his or her driver's license or other satisfactory evidence of his or her identity for examination.

The citation shall state a time and date and place at which the alleged violator shall appear in court to answer the charges stated in the citation. The appearance date shall be at least ten days after the date of the citation.

(Ord. 1814 §2(part), 2004)

The code enforcement officer shall not take or attempt to take anyone into custody for refusing to present satisfactory evidence of his or her identity or refusing to sign a citation. In such cases, the code enforcement officer may file the citation with the appropriate court as a complaint pursuant to Penal Code Section 853.9(b), may request the assistance of the sheriff's department, or other law enforcement agency which has jurisdiction, or may request the district attorney to prepare and file a complaint with the appropriate court.

(Ord. 1814 §2(part), 2004)

A. Violations Charged and Punished under this Chapter. If the county elects to utilize the procedures set forth in this chapter, whenever any provision in Titles 9, 15 and 17 of this Code provides that any act is prohibited, or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act, or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision shall be charged under this chapter as an infraction punishable by imposition of the following fines, no part of which may be suspended:

1. Upon a first conviction, a mandatory fine of one hundred dollars;

2. Upon a second conviction of the same code section involving the same premises within the twelve-month period immediately preceding the commission of the current violation, a mandatory fine of five hundred dollars;

3. Upon a third conviction of the same code section involving the same premises within a twelve-month period immediately preceding the commission of the current violation, a mandatory fine of one thousand dollars.

B. Each Day a Separate Offense. Each and every day or portion thereof that a person violates or continues to violate any such provision of any of said titles constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.

C. Misdemeanors. Any violation which may otherwise be charged and punishable under this chapter as an infraction pursuant to subsection A of this section, may be charged and punishable under this chapter as a misdemeanor if the defendant has been convicted of three or more violations of the same code section involving the same premises within the twelve-month period immediately preceding the commission of the current violation. For purposes of this subsection, a bail forfeiture or a plea of nolo contendere shall be deemed to be a conviction.

(Ord. 1814 §2(part), 2004)

(Ord. No. 1973, § 6, 7, 12-11-2012)

Editor's note— Ord. No. 1973, § 7, adopted Dec. 11, 2012, changed the title of § 10.14.060 from "Violation—Penalties" to "Violations charged under this chapter—Penalties."

Any judgment of conviction which imposes a fine shall become a money judgment, as provided by Penal Code Section 1214. It shall be the responsibility of the code enforcement officer to determine if the fine imposed has been paid. In any case where the fine remains unpaid for more than thirty days, a code enforcement officer shall record an abstract of the judgment in the office of the county recorder, as provided by Code of Civil Procedure Sections 674 and 697.310. Upon notice of payment of such a judgment, the code enforcement officer shall file and serve an acknowledgement of satisfaction of judgment, as provided by Code of Civil Procedure Sections 724.030 and 724.040.

(Ord. 1814 §2(part), 2004)

Following the conviction of any violator in court, a code enforcement officer shall make such follow-up inspections as necessary to determine that the violation has been abated and may issue such additional citations as are necessary to gain compliance with the applicable provisions of this code.

(Ord. 1814 §2(part), 2004)

Upon all work to abate the violation being completed and approved by the affected department, payment of all fines imposed as to said violation pursuant to Section 10.14.060(A), conducting follow-up inspections pursuant to Section 10.14.080 of this chapter and recording a notice of compliance pursuant to this section, the code enforcement officer shall submit a notice of compliance to the county recorder for recordation.

(Ord. 1814 §2(part), 2004)

A. Refusal to Issue; Waiver. 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 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.

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.

B. Recision 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.

C. 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. 1814 §2(part), 2004)

To the extent permitted by law, all fines levied and paid pursuant to Section 10.14.060 and all fees paid pursuant to Section 10.14.100 of this chapter shall be deposited in the county treasury, fifty percent to the building inspection special revenue fund and fifty percent to the general fund.

(Ord. 1814 §2(part), 2004)

No code enforcement officer shall carry any firearm in the performance of his or her duties.

(Ord. 1814 §2(part), 2004)

The form of the citations issued pursuant to this chapter shall be approved by the county counsel and the district attorney.

(Ord. 1814 §2(part), 2004)

Nothing in this chapter shall prevent the appropriate authorities of the county of Tehama 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. 1814 §2(part), 2004)