Trinity County Municipal Code Art. III Enforcement

Any person who violates any provisions of this code, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine, land use restriction as determined by the director or penalty up to the maximum amounts set forth in this chapter.

Prior to commencing any action under this chapter, the director shall attempt to ascertain whether the violation of the county code are being carried on substantially or exclusively by individuals who rent, lease, or otherwise have no ownership interest on the property on which the violation is occurring. If the director determines that the violation is being caused by a renter, lessor, or other person who has no ownership interest in the property, the director shall not commence proceedings under this chapter until the director has attempted to contact the owner of the property and has provided the owner a reasonable period of time, not exceeding ten days, in which to cure the violation or cause the violation to be cured. If the owner of the property does not respond within a reasonable time, or the owner cannot be found following the exercise of reasonable diligence to locate the owner, the director may thereafter commence proceedings pursuant to this chapter against the owner.

(Ord. No. 1347, § 3(1), 4-16-19)

A. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of an infraction and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars per day. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or permitted by such person, firm or corporation.

B. Further, and in addition to the above penalties, said person shall be civilly liable for damages related to the grading activity and shall pay all costs reasonably incurred in causing the degradation activity to cease and in cleaning up or stabilizing grading materials.

C. The director may suspend or revoke any existing public works permit associated with a parcel for good cause related to violation of this chapter, subject to appeal to the board of supervisors. Except for erosion control facility installation and maintenance, no work shall be performed pending an appeal except as authorized by the director.

Fines and penalties may be waived at the director's discretion based on corrective remedies, plans or proposals per Section 15.24.140(A) and (B). Fines will continue until the director determines that reasonable corrective action has been taken.

(Ord. No. 1347, § 3(2), 4-16-19)

It is declared that any such grading activity as aforesaid which violates any provision of this chapter is a public nuisance and the county may cause proceedings to be brought to abate or otherwise remedy the nuisance.

Any person who conducts grading activities that cause the waters of the state in the County of Trinity to be degraded will be reported by the public works department to the responsible state agency(ies). The county public works department will assume the position of responsible agency for violations of this chapter irrespective of the responsibilities of any state agency(ies) assuming authority to address the activity.

If the responsible state agency(ies) do not take appropriate action to stop the degradation activity the county will have the authority to call upon other county departments to assist in stopping the degradation activity and to issue abatement orders within the proper jurisdiction of the county.

(Ord. No. 1347, § 3(3), 4-16-19)

A. Abatement of Unlawfully Created Conditions.

1. Entry onto Property.

a. Pursuant to Section 15.24.150, the director may order county workers or contractors to immediately enter private property to conduct work necessary to abate hazards to public health and safety such as:

i. The alteration of drainage patterns that has caused, or has the potential to cause, flooding of or siltation upon any adjacent, adjoining or downstream property as determined by the director.

ii. Grading activities that cause or have the potential to cause erosion, sedimentation or landslides that could affect offsite property, sensitive environmental resources or public safety as determined by the director.

iii. Other emergency conditions that threaten public or private property.

b. The county may enter the property for the purpose of inspection as allowed by law.

2. The county can abate the property by means of Trinity County Code Chapter 8.64, and all other legal method.

3. Cost Recovery. Whenever the county expends any funds or takes any action, the county shall bill the person, firm or corporation, landowner, lessee or licensee for the costs indicated herein for any and all cost associated with the violation and mitigation. Pursuant to the requirements of Government Code Section 54988, the costs shall become a lien on the property, or shall be recoverable from the property owner by other legal means.

B. Stop Work Orders.

1. Required actions by violator: Upon receipt of such stop work notice, the person performing the work shall comply with all of the following:

a. Stop work immediately except as allowed under Section 15.24.040.

b. Within twenty-four hours, provide the director with a list of remedies which can be immediately undertaken to bring the work into compliance with this chapter. The director shall review the proposed remedies for conformance with this chapter, the Trinity County General Plan and other applicable laws and regulations;

c. Within twenty-four hours after acceptance of the proposed remedies by the director, implement the remedies accepted by the director as is necessary to bring the work into compliance with this chapter. All costs associated with the remedial work are the responsibility of the violator.

2. Engineering Work. Necessary engineering work required to identify and define the proper course of action, as determined by the public works department, shall be funded by the violator at no cost to the county.

C. Noncompliance Notification by Licensed Professional. Any geotechnical engineer, certified engineering geologist or civil engineer retained to monitor construction shall immediately notify the director if it is observed that the work is not being performed substantially in accordance with the approved plans and specifications. The licensed professional shall make recommendations for corrective measures that would abate the violation. Any necessary modifications of project plans shall be submitted to the director for review and approval.

(Ord. No. 1347, § 3(4), 4-16-19)

Neither issuance of a permit under the provisions nor compliance with the provisions hereof or with any conditions created in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability against the county for damage to any person or property.

(Ord. No. 1347, § 3(5), 4-16-19)

The remedies provided in this chapter are not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. No. 1347, § 3(6), 4-16-19)