Chapter 18.174 — MASTER PLANS

Sections:

18.174.010 - Purpose of Chapter 18.174.020 - Master Plan Preparation and Content 18.174.030 - Filing and Processing

18.174.040 - Adoption of Master Plan

18.174.050 - Land Uses and Densities 18.174.060 - Findings and Decision 18.174.070 - Amendments

• A. The purpose of this Chapter is to provide for a Master Plan when required by the Downtown Specific Plan or this Development Code to systematically implement the Specific Plan for any part of the Downtown Study Area.

• B. A Master Plan is a legislative act and not a land use permit or entitlement.

• C. Master Plans shall be prepared, processed, approved or denied, and implemented in compliance with this Chapter.

An applicant shall prepare a draft Master Plan for review by the Town that includes the following detailed information in the form of text and diagram(s), organized in compliance with an outline furnished by the Director. The Council may also initiate the preparation of a Master Plan.

• A. Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the Master Plan, including open spaces areas.

• B. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation, drainage, energy, sewage, solid waste disposal, water, and other essential features proposed to be located within the Master Plan area and needed to support the proposed land uses.

• C. Land use and development standards. Standards, criteria, and design guidelines by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.

• D. Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria.

• E. Relationship to Specific Plan. A discussion of the relationship of the Master Plan to the Downtown Specific Plan.

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• F. Phasing. A discussion on the phases of the development, if any.

• G. Additional information. The Master Plan shall contain any additional information deemed necessary by the Director because of the characteristics of the area to be covered by the plan, applicable policies of the Downtown Specific Plan and General Plan, or any other issues(s) determined by the Director to be significant.

A draft Master Plan shall be filed with the Director, and shall be accompanied by the fee required by the Council’s Fee Resolution. The draft plan shall be processed in the same manner as required for General Plans by State law (Government Code Section 65350 et seq.), and as follows:

• A. Director evaluation. After the filing of a draft Master Plan, the Director shall review the draft plan to determine whether it conforms with the provisions of this Chapter. If the draft plan is not in compliance, it shall be returned to the applicant with a written specification(s) as to why it does not comply, and with suggested revisions to ensure compliance.

• B. Public participation. The Director may recommend and the Council approve a process to obtain maximum public participation early in the review process of the master plan. Such a process would be designed to obtain public input prior to completion of the environmental review document and the scheduling of formal public hearings on the plan.

• C. Environmental review. The draft Master Plan shall be subject to environmental review in compliance with 18.70.060 (Initial Application Review/Environmental Assessment).

• D. Staff report. A staff report shall be prepared for the draft Master Plan which shall include detailed recommendations for changes to the text and diagrams of the Master Plan, as necessary, to make it acceptable for adoption.

• E. Public hearings. A proposed Master Plan shall be subject to public hearings before both the Commission and Council before its adoption, as follows:

  1. Commission hearing. The Director shall schedule a public hearing on the proposed Master Plan. The hearing shall receive public notice and be conducted in compliance with Chapter 18.180 (Public Hearings). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council, in compliance with Section 18.174.040 (Adoption of Master Plan).

  2. Council’s action.

  - a. A public hearing on the Master Plan shall be scheduled before the Council. The hearing shall be noticed and conducted in compliance with the Chapter 18.180 (Public Hearings). 
  
  - b. After the hearing, the Council may adopt the Master Plan, may deny the plan, or may adopt the plan with changes, with appropriate findings in compliance with Sections 18.174.040 (Adoption of Master Plan) and 18.174.060 (Findings and Decision).
  

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3. Referral to Commission. If the Council proposes to adopt any substantial modifications to the plan not previously considered by the Commission during its hearing, the proposed modification shall be first referred to the Commission for its recommendation. Failure of the Commission to report back to the Council within 45 days after the referral, or within a longer time period set by the Council, shall be deemed a recommendation for approval of the modifications.

• A. Finding. The adoption of a proposed Master Plan is entirely at the discretion of the Council. The Council shall adopt a Master Plan only if it finds that the proposed plan is consistent with the General Plan, Downtown Specific Plan, and other adopted goals and policies of the Town.

• B. Adoption. The Master Plan shall be adopted by ordinance, or by resolution of the Council.

The relevant sections of Chapter 2 (Land Use) of Volume 2 of the Downtown Specific Plan shall be used as a general guideline for land uses and development densities. Land uses and densities may be modified by the Master Plan if such modifications are consistent with the overall intent of the Master Plan development policies and concepts in the Downtown Specific Plan and are found by the Council to be environmentally acceptable and appropriate for the Town as a whole.

Following a public hearing, the Council shall record the decision in writing with the findings upon which the decision is based. The Council may approve a Master Plan, with or without modifications, only if all of the following findings can be made or if the Council finds that one or more of the findings is not applicable or that a practical solution consistent with the public interest has been achieved:

• A. The uses, activities, and densities of the Master Plan shall be compatible and sensitive to the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity, and orientation.

• B. The uses, activities, and densities of the Master Plan shall provide a compatible, efficient, and workable relationship with surrounding uses and activity.

• C. Appropriate parking and loading shall be established for all uses.

• D. The Master Plan is consistent with this Development Code, the General Plan, and the Downtown Specific Plan.

• E. Natural and/or geologic hazards that affect the property shall be identified and mitigated.

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• F. Site plan, building design and location, and open space provisions shall be designed to produce a functional development responsive and sensitive to natural features, vegetation, and overall aesthetic quality of the community.

• G. The circulation system shall be designed to address on and off-site traffic circulation for both vehicles and pedestrians.

• H. Functional and aesthetic landscaping and open space shall be incorporated into the Master Plan to optimize and preserve natural features, recreation, views and function.

• I. The phasing and subdivision plan shall provide a workable, functional, and efficient relationship throughout the development of the Master Plan.

• A. Definition. Major and minor amendments shall be defined by the applicable Master Plan.

• B. Minor amendments. Minor modifications consistent with the findings in Section 18.174.060 (Findings and Decision) may be approved by the Director. All minor modifications shall be indicated on a revised development plan, and approved changes shall be noted, signed, dated, and filed by the Director. Notification of a proposed minor amendment and the Director’s action on the amendment shall be provided to all property owners within or adjacent to the Master Plan area that may be affected by the amendment as determined by the Director. The notification shall include a statement describing the amendment and the action of the Director.

• C. Major amendments . Requests for major amendments to a Master Plan shall be reviewed and approved by the Council. A proposed major amendment shall be subject to public hearings before both the Commission and Council before its approval, as follows:

  1. Commission hearing. The Director shall schedule a public hearing on the proposed major amendment. The hearing shall receive public notice and be conducted in compliance with Chapter 18.180 (Public Hearings). After the hearing, the Commission shall forward a written recommendation, with appropriate findings to the Council.

  2. Council’s action.

  - a. A public hearing on the major amendment shall be scheduled before the Council. The hearing shall be noticed and conducted in compliance with the Chapter 18.180 (Public Hearings). 
  
  - b. After the hearing, the Council may approve the amendment, may deny the amendment, or may approve the amendment with changes, with appropriate findings in compliance with Section 18.174.060 (Findings and Decision).
  

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Public Hearings

18.180

– CHAPTER 18.180 PUBLIC HEARINGS

Sections:

18.180.010 - Purpose of Chapter 18.180.020 - Notice of Application 18.180.030 - Notice of Hearing 18.180.040 - Notice of Decision - Zoning Administrator 18.180.050 - Notice of Decision - Commission 18.180.060 - Effective Date of Decision 18.180.070 - Recommendation by Commission 18.180.080 - Notice of Decision - Council

This Chapter provides procedures for public hearings before the Zoning Administrator, Commission, and Council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this Chapter.

When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the submittal of the application for the land use permit, entitlement or other matter as follows:

• A. Contents of notice. Notice of application submittal shall include:

  1. The date of submittal of the application for the land use permit, entitlement or other matter; and

  2. A general explanation of the land use permit, entitlement or matter to be considered, and a general description, in text and/or by diagram, of the location of the real property that is the subject of the application; and

  3. The review authority having the responsibility and authority to review and approve or disapprove the permit, entitlement or matter.

• B. Method of notice distribution. Notice of an application submittal required for a land use permit, entitlement or other matter shall be mailed or delivered to:

  1. The owners of the property being considered or the owner’s agent, and the applicant;

  2. All owners of real property as shown on the County’s latest equalized assessment roll within 500 feet of the property which is the subject of the application; and

  3. Any person who has filed a written request for notice with the Director and has paid the fee set by the most current Council’s Fee Resolution for the notice.

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4. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may waive the requirement for a mailed notice.

5. For those applications for which the Planning Commission or Town Council is the review authority, a sign(s) with the notice shall be posted on or near the location of the real property that is the subject of the application as follows:

   • a. The applicant shall post the sign(s) with the notice no later than 15 days after the Director determines the application is complete and accepts the application for processing in accordance with Section 18.70.060.A (Completeness Review).

   • b. The signs(s) and notice shall comply with the requirements set forth by the Director, including but not limited to the number and locations of signs; sign size, height, shape, and materials; font type and size; weather proofing; the method of installation, and additional information to be included in the notice;

   • c. The applicant shall maintain the sign(s) until the application is considered by the review authority at a public hearing.

   • d. Upon the public hearing being scheduled, the applicant shall add to the sign(s) and notice the date, time, and place of the hearing and name of the hearing body as required by the Director.

   • e. The applicant shall remove the sign(s) no later than 30 days after the review authority has announced and recorded its decision.

6. In addition to the notice required by this section, the Director may provide any additional notice in regards to content and/or method of distribution as the Director determines is necessary or desirable.

7. The Director may require re-noticing of the application if the applicant makes substantial revisions to the land use permit, entitlement or matter being considered.

When a land use permit, entitlement or other matter requires a public hearing, the public shall be provided notice of the hearing(s) in compliance with State law (Government Code Sections 65090 et seq., and 66451.3 and Public Resources Code 21000 et seq.).

• A. Contents of notice. Notice of a public hearing shall include;

  1. The date, time, and place of the hearing and the name of the hearing body;

  2. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property that is the subject of the hearing; and

  3. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the Town’s CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the

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proposed Negative Declaration or certification of the final Environmental Impact Report (EIR) and the notice shall be published, posted, mailed, and/or delivered at least the minimum number of days required by the California Environmental Quality Act.

• B. Method of notice distribution. Notice of a public hearing required for a land use permit, entitlement, plan amendment, zoning amendment, or appeal shall be given as follows, as required by State law (Government Code Sections 65090 and 65091) and in compliance with Subsection A. (Contents of Notice), above:

  1. Notice shall be published at least once in a local newspaper of general circulation within the Town at least 10 days before the hearing;

  2. Notice shall be mailed or delivered at least 10 days before the hearing to:

     • a. The owners of the property being considered or the owner’s agent, and the applicant;

     • b. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

     • c. All owners of real property as shown on the Nevada County Assessor’s current tax roll information within 500 feet of the property which is the subject of the hearing; and

     • d. Any person who has filed a written request for notice with the Director and has paid the fee set by the most current Council's Fee Resolution for the notice.

  3. If the number of property owners to whom notice would be mailed is more than 1,000, the Director may choose to provide the alternate notice allowed by State law (Government Code Section 65091(a)(3)).

  4. In addition to the types of notice required by Subsection B., above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.

5. For a public hearing of the Town Council, notice shall be published and mailed or delivered after the Planning Commission has forwarded a written recommendation to the Council and at least 10 days before the hearing. The notice of the public hearing shall include a description of the recommendation of the Planning Commission.

   6. In addition to the notice required by this section, the Director may provide any additional notice in regards to content and/or method of distribution as the Director determines is necessary or desirable.

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Public Hearings

• A. Zoning Administrator options. The Zoning Administrator may announce and record the decision at the conclusion of a scheduled hearing, refer the matter to the Commission for determination, or defer action and continue the consideration of the matter to a date certain, and announce and record the decision at that date.

• B. Findings. The decision shall contain applicable findings, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town.

• C. Notice of decision. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action and take specified items under advisement and announce and record the decision at a later date. The decision shall contain applicable findings of the Commission, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.

A decision by the Director, Zoning Administrator, or Commission is final, and shall become effective on the 11th day after the decision, unless appealed in compliance with Chapter 18.140 (Appeals).

At the conclusion of any public hearing on a proposed amendment to the General Plan, the Official Zoning Map, this Development Code, or a Specific Plan, the Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Commission's recommendation shall be mailed to the applicant at the address shown on the application.

For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the Town. Following the hearing, a notice of the decision shall be mailed to the applicant at the address shown on the application. A decision by the Council is final and shall become effective the next business day after the Council’s decision.

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Revocations and Modifications

18.190

– CHAPTER 18.190 REVOCATIONS AND MODIFICATIONS

Sections:

18.190.010 - Purpose of Chapter 18.190.020 - Hearings and Notice 18.190.030 - Review Authority Action

This Chapter provides procedures for securing revocation or modification of previously approved land use permits or entitlements.

• A. Hearing required. The appropriate review authority shall hold a public hearing in order to revoke or modify any land use permit or entitlement granted in compliance with the provisions of this Development Code.

• B. Mailing of notice. Twelve days before the public hearing (except for Temporary Use Permits), notice shall be mailed to the applicant and/or owner of the property for which the permit was granted.

• C. Deemed delivered. Notice shall be deemed delivered two days after being mailed, certified mail postage paid, to the owner as shown on the equalized assessment roll of the County and/or to the project applicant, who is not the owner of the subject property.

• A. Permit revocation/modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., Zoning Administrator, Commission, or Council) that originally approved the permit, if any one of the following findings can be made:

  1. Circumstances under which the permit or entitlement was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation or modification;

  2. The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or entitlement;

  3. The use or improvement authorized in compliance with the permit has not been exercised or commenced in a timely manner and a time extension is not warranted;

  4. One or more of the conditions of the permit have not been met or have been violated;

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5. The use or improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute;

6. The use or improvement authorized by the permit has become detrimental to the public health, safety, or welfare or the manner of their operation constitutes a nuisance; or

7. The use and/or on-site structure(s) are nonconforming and:

   • a. Have been discontinued for a period of 180 days or more; or

   • b. Have been destroyed or damaged, and the use and/or structure(s) cannot be repaired, rebuilt, or replaced in compliance with Chapter 18.130 (Nonconforming Uses, Structures, and Parcels).

• B. Variance revocation/modification. A Variance may be revoked or modified by the review authority which originally approved the Variance, if any one of the following findings can be made, in addition to any one of the findings outlined in Subsection A., above:

  1. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the Variance; or

  2. One or more of the conditions of the Variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the Variance.

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Enforcement

18.200

– CHAPTER 18.200 ENFORCEMENT

Sections:

18.200.010 - Purpose of Chapter 18.200.020 - Authority to Issue Citations 18.200.030 - Remedies are Cumulative 18.200.040 - Inspection 18.200.050 - Initial Enforcement Action 18.200.060 - Violations 18.200.070 - Legal Remedies 18.200.080 - Recovery of Costs

The purpose of this Chapter is to provide for compliance with the requirements of this Development Code, other titles of the Municipal Code, and any conditions of an approved land use permit or entitlement.

• A. Code Enforcement Director. The Town Code Enforcement Director shall be the person primarily responsible for enforcing the provisions of this Development Code and shall have the authority and immunity of a public officer and employee to issue citations whenever possessing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, which constitutes an infraction or misdemeanor. The responsibilities of the Code Enforcement Director may also be carried out by the Code Enforcement Officer or the Department staff under the supervision of the Code Enforcement Director who shall also have the authority and immunity of a public officer and employee to issue citations whenever processing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, which constitutes an infraction or misdemeanor.

• B. Consultation with Police Chief. It may be necessary for the Code Enforcement Director to work with the Police Chief when enforcing the provisions of this Development Code, when the specific situation warrants uniformed police involvement.

All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of Town, County, State, or Federal law. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the Town from pursuing other available remedy(s) to correct the violation.

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• A. Access for initial inspection. Every applicant seeking an application, permit, or any other action in compliance with this Development Code shall allow Town officials access to any premises or property which is the subject of the application.

• B. Access for ongoing inspections. If the permit or other action is approved, the owner or applicant shall allow appropriate Town officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval.

• C. Failure to allow inspections. Failure to allow inspections for compliance shall automatically cause all permits and approvals to be suspended, pending a hearing before the Code Enforcement Director to void the permits and approvals.

• D. Compliance. In addition, the Code Enforcement Director may withhold the processing of and/or issuance of any and all ministerial permits and discretionary land use permits, where a documented Code violation(s) exists, until the subject property is found to be in complete compliance with any and all applicable Code sections.

This Section describes the procedures for initiating enforcement action in cases where the Code Enforcement Director has determined that real property within the Town is being used, maintained, or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Section may be avoided.

• A. The authority to abate and impose sanctions.

  1. Enforcement of this Section may be accomplished by the Code Enforcement Director in any manner authorized by law.

  2. The procedures identified in this Chapter shall not be exclusive and shall not, in any manner, limit or restrict the Town from enforcing other ordinances or abating public nuisances in any other manner provided by law.

  3. Whenever the Code Enforcement Director determines that any condition exists in violation of this Development Code, the Code Enforcement Director may take appropriate enforcement action in compliance with this Chapter.

  4. Notwithstanding the public nuisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law.

• B. Notice to responsible parties. Whenever the Code Enforcement Director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a Code violation exist on any property located in the Town, the Code Enforcement Director may prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of the property, to be notified in writing of the existence of the condition and/or require an appearance before the Code Enforcement Director at a stated time and place to show why the condition should not be abated

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by the Town at the person's expense. The notice and order to abate the determined public nuisance or other Code violation shall contain the following information:

1. The street address and Assessor’s Parcel Number for identification of the property on which the condition exists;

2. A statement that the Code Enforcement Director has determined that a public nuisance/ Code violation is being maintained on the property with a brief description of the conditions which render the property a public nuisance, or which constitute a Code violation;

3. An order to secure all appropriate permits and to physically commence, within a certain time from the date of service of the notice and order, and to complete within that reasonable and established time and date, the abatement of the described conditions;

4. A statement advising that the disposal of any material associated with any Code violation shall be conducted in a legal manner;

5. A statement advising that if the required work is not commenced within the time specified, the Code Enforcement Director may proceed to cause the work to be done, and may bill the persons named in the notice for the abatement costs and/or assess the costs against the property;

6. A statement that the Town may charge the property owner for all administrative costs associated with the abatement of the violation(s) in compliance with Section 18.200.080 (Recovery of Costs), and/or initiate legal action as described in Section 18.200.070 (Legal Remedies), below;

7. A statement advising that any person having any interest or record title in the property may request an administrative hearing of the notice and order or any action of the enforcement within 10 days from the date of service of the notice and order;

8. A statement advising that the notice and order may be recorded against the property in the Office of the County Recorder;

9. A statement that the property owner may request and be provided a meeting with the Code Enforcement Director to discuss possible methods and time limits for the correction of the violations;

10. A statement that the Code Enforcement Director's determination is appealable to the Town Council in compliance with this Chapter; and

11. Informal notice may precede the formal notice described above. Often, the Code violation can be resolved as a result of this informal notice, which saves time, money, and resources for all persons involved.

C. Manner of notice.

1. If a notice and order is prepared, the notice and order, and any amended notice and order, shall be mailed by first class mail, postage prepaid, at the address of the violation as it appears on the latest equalized assessment roll of the County, or as known to the Code

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Enforcement Director. The address of owners shown on the assessment roll shall be conclusively deemed to be the property address for the purpose of mailing the notice.

2. The failure of the Code Enforcement Director to make or attempt service on any person required in this Section to be served shall not invalidate any proceedings in compliance with this Chapter, as to any other person(s) duly served. Service by mail, in compliance with this Chapter, shall be effective on the date said mail is received or refused by the addressee as evidenced by the mail carrier’s certified return receipt. The failure of any person entitled to receive notice shall not affect the validity of any proceedings taken under this Section. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

y the mail carrier’s certified return receipt. The failure of any person entitled to receive notice shall not affect the validity of any proceedings taken under this Section. Proof of service of the notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

3. At the time the notice and order is served or any time thereafter, the Code Enforcement Director may file in the Office of the County Recorder a certificate legally describing the property and certifying that a Code violation exists on the property and that the owner has been so notified. The Enforcement Director may then file a new certificate with the County Recorder, which indicates that the nuisance has been abated, whenever the following actions occur:

   • a. Corrections ordered have been completed so that a code violation or public nuisance no longer exists on the subject property as described in the original certificate;

   • b. The notice and order is rescinded upon appeal; or

   • c. Whenever the Town abates the nuisance and the abatement costs have been paid.

D. Hearing.

1. The Code Enforcement Director may set a date, time, and place to hear any relevant evidence concerning the existence of the alleged code violation or public nuisance and the question of whether the expense of abating the code violation or public nuisance, if determined to exist, should be made a lien on the property.

2. In the event any person given notice of hearing, as shown by the evidence of mailing, should fail to appear at the hearing, then the evidence available to the Code Enforcement Director shall be sufficient evidence of the existence of facts in support of the conclusion.

3. If, at the conclusion of the hearing, the Code Enforcement Director is satisfied that the condition exists and concludes that it should be abated at the expense of the landowner, the Code Enforcement Director shall advise the landowner in writing in the same manner as provided in Subsection C, above.

4. The notice shall inform the landowner of the right of appeal as provided in Subsection F, below.

• E. Request for reconsideration. Any person aggrieved by the action of the Code Enforcement Director in issuing a notice and order in compliance with this Section may appeal in compliance with Subsection F, below. If no appeal is filed within the time prescribed, the action of the Code Enforcement Director shall be final.

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• F. Appeals. Appeals shall be made in compliance with the following provisions:

  1. Any person entitled who is dissatisfied with a public nuisance or code violation determination of the Code Enforcement Director shall have the right to appeal to the Town Council within 10 days from the date of mailing of the decision of the Code Enforcement Director. The written appeal shall be filed with the Department, together with a filing fee in compliance with the Council’s Fee Resolution.

Any person entitled who is dissatisfied with a public nuisance or code violation determination of the Code Enforcement Director shall have the right to appeal to the Town Council within 10 days from the date of mailing of the decision of the Code Enforcement Director. The written appeal shall be filed with the Department, together with a filing fee in compliance with the Council’s Fee Resolution.

2. The notice of appeal shall specify the following:

   • a. The Assessor’s Parcel Number and street address of the property;

   • b. The determination being appealed;

   • c. The owner's or appealing party's legal interest in the property;

   • d. A statement of disputed and undisputed facts;

   • e. A statement specifying that portion of the decision or hearing proceedings that are being appealed together with any evidentiary and supporting materials that would support the appeal; and

   • f. A signed verification of the truth of all stated matters.

• Appeals shall be processed in the following manner:

• a. Upon the timely filing of a notice of appeal in the proper form, the Code Enforcement Director shall schedule the appeal hearing to be held not less than 30 days after the appeal is received;

• b. The Code Enforcement Director shall provide written notice of the appeal, including the time, place, and date of the hearing on the appeal, to the appellant and any other person to whom notice of the Code Enforcement Director's order was sent, in compliance with this Chapter. The notice shall be sent in the same manner as the Code Enforcement Director's notice and order;

• c. The Council may limit the issues on appeal to those identified in the appellant's notice of appeal, may consider the record produced before the Code Enforcement Director, and may allow additional evidence to be produced;

• d. At the close of the hearing on an appeal, the Council may reverse or modify the decision of the Code Enforcement Director and/or remand the matter to the Code Enforcement Director for further proceedings, in compliance with directions of the Council. If the Council does not take any action reversing, modifying, and/or remanding of the decision of the Code Enforcement Director within 45 days after the filing of the appeal, the Code Enforcement Director’s action on the matter shall be final and conclusive; and

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• e. Notice of the Council’s determination shall be in substantially the same form as that sent by the Code Enforcement Director and shall be sent to all persons to whom notice of the Code Enforcement Director's order was sent as well as to all persons requesting the notice, in writing, at the time the appeal is heard.

G. General penalty and continuing violations. Any person who:

1. Violates or fails to comply with any provision or mandatory requirement of this Section, may be found guilty of a misdemeanor unless charged as an infraction by the Code Enforcement Director, Town Attorney, or District Attorney.

2. Is found guilty of a misdemeanor or infraction, may be found guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Development Code is committed, continued, or allowed by the person and shall be punished accordingly;

   3. Removes any notice or order posted as required in this Section, for the purpose of interfering with the enforcement of the provisions of this Section, may be found guilty of a misdemeanor unless charged as an infraction by the Code Enforcement Director; and

   4. Obstructs, impedes, or interferes with any representative of a Town department or with any person who owns or holds an estate or interest in a structure which has been ordered to be demolished, rehabilitated, repaired, or vacated, or with any person to whom any structure has been lawfully sold, in compliance with this Chapter, when any of the aforementioned individuals are lawfully engaged in proceedings involving the abatement of a nuisance, may be found guilty of a misdemeanor unless charged as an infraction by the Code Enforcement Director.

• H. Use of other enforcement procedures. The enforcement procedures of Section 18.200.070 (Legal Remedies), below may be employed by the Code Enforcement Director after or instead of the provisions of this Section where the Code Enforcement Director determines that this Section would be ineffective in securing the correction of the violation within a reasonable time.

• A. Unlawful violation. Any use or structure which is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this Development Code or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in the Municipal Code, including this Chapter.

B.

Infraction or misdemeanor.

1. Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of this Development Code or any condition imposed on any land use permit, entitlement, map, or license, shall be guilty of an infraction on each separate day the violation or failure to comply exists, except as otherwise specified herein.

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2. However, any person responsible for these violations who has previously been convicted two or more times during any one year period for any other violation(s) of this Development Code may be guilty of a misdemeanor.

3. Any construction in violation of this Development Code or any condition(s) imposed on a land use permit shall be subject to the issuance of a "Stop Work Order."

4. Any violation of a Stop Work Order may constitute a misdemeanor.

5. Any violation that may be prosecuted as a misdemeanor may instead be prosecuted as an infraction, at the discretion of the Code Enforcement Director, Town Attorney, or District Attorney.

The Town may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this Development Code.

A. Civil actions:

1. At the request of the Council, upon recommendation of the Code Enforcement Director, the Town Attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this Development Code.

2. Where any person, firm, or corporation fails to abate a violation after being provided a Notice of Violation in compliance with Section 18.200.050.B. (Notice to responsible parties), above and the opportunity to correct or end the violation, the Council, upon recommendation of the Code Enforcement Director, may request the Town Attorney to apply to a court of competent jurisdiction for an order authorizing the Town to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

B. Civil remedies and penalties:

1. Any person who willfully violates the provisions of this Development Code, or any permit issued in compliance with this Development Code, may be liable for a civil penalty not to exceed $5,000.00 for each day that the violation continues to exist.

2. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, may be liable to the Town for the costs incurred and the damages suffered by the Town, its agents, and agencies as a direct result of the violations.

3. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

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C. Criminal actions and penalties.

1. A person violating any provisions of this Development Code, or any permit issued in compliance with this Development Code, may be guilty of an infraction, unless such violation is specifically designated as constituting a misdemeanor.

2. Any conviction of an infraction under the provisions of this Development Code shall be punishable for a first conviction of a fine of not more than One Hundred Dollars ($100), for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars ($200), and for a third or any subsequent conviction within a period of one year by a fine of not more than Five Hundred Dollars ($500).

3. Any conviction of a misdemeanor under provisions of this Development Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period of not exceeding six (6) months, or by both such fine and imprisonment.

D. Abatement of Code violations/nuisances.

1. If the violation(s) is not completely abated by the owner as directed within the abatement period, the Town may immediately cause the violation(s) to be abated by Town personnel or private contract and the personnel or persons under contract are expressly authorized to enter upon the subject premises for these purposes.

   2. The owner of the premises shall be liable to the Town for all costs of abatement, including all administrative and inspection costs.

• E. Proceedings for abatement of imminently dangerous public nuisances. Whenever the Code Enforcement Officer determines that a public nuisance (or any other Code violation) is so imminently dangerous to life or adjacent property that the condition shall be immediately corrected, or isolated, the following procedures shall be instituted:

  1. Before abatement of an imminently dangerous public nuisance, written notice shall be provided to the property owner by first class mail and by posting at the subject property. At least 72 hours notice shall be provided unless a specific finding is made of an emergency requiring immediate abatement or other action.

  2. The Code Enforcement Director shall attempt to make contact through a personal interview, or by telephone with the landowner or the person, if any, occupying or otherwise in real or apparent charge and control of the subject property. In the event contact is made, the Code Enforcement Director shall notify the person(s) of the danger involved and require that the condition be immediately removed, repaired, or isolated to preclude harm to any person or property;

  3. In the event the Code Enforcement Director is unable to make contact, or if the appropriate persons, after notification by the Code Enforcement Director, do not take action as specified by the Code Enforcement Director, within the time frame requested, the Code Enforcement Director may, with the approval of the Town Manager, take all steps deemed necessary to remove or isolate the dangerous condition(s), with the use of

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4. The Code Enforcement Director shall keep an itemized account of the costs incurred by the Town in removing or isolating the condition(s). These costs may be recovered in the same manner that other abatement costs are recovered, in compliance with this Chapter.

This Section establishes procedures for the recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this Development Code. The intent of this Section is to recover Town administrative and legal costs reasonably related to the required enforcement action(s).

• A. Notice. Upon investigation and a determination that a violation of any provision(s) of this Development Code is found to exist, the Code Enforcement Director shall notify the record owner or any person having possession or control of the property by certified mail, of the existence of the violation, the Code Enforcement Director's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the Town Attorney.

• B. Cost assessment. The Code Enforcement Director shall maintain records of all administrative costs, incurred by responsible Town departments, associated with the processing of violations, and enforcement of this Development Code, and shall recover the costs from the property owner in compliance with this Section. Staff time shall be calculated at an hourly rate established and revised from time to time by the Council.

• C. Summary of costs and notice.

  1. At the conclusion of the case, the Code Enforcement Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail, in compliance with Subsection A., above.

  2. The summary shall include a notice in a form approved by the Town Attorney, advising the responsible party of their right to request a hearing on the charges for Town cost recovery within 10 days of the date of the notice, and that if no request for hearing is filed, the responsible party will be liable for the charges.

  3. In the event that a request for hearing is not timely filed or, after a hearing during which the Code Enforcement Director affirms the validity of the costs, the property owner and/or person in control shall be liable to the Town in the amount stated in the summary or any lesser amount determined by the Code Enforcement Director.

  4. These costs shall be recoverable in a civil action in the name of the Town, in any court of competent jurisdiction within the County.

• D. Request for hearing on costs. Any property owner, and/or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Code Enforcement Director on their objections to the proposed costs.

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1. A request for hearing shall be filed with the Code Enforcement Director within 10 days of the service by certified mail, of the Director's summary of costs, on a form provided by the Code Enforcement Director.

2. Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Code Enforcement Director shall hold a hearing on the owner's objections and determine their validity.

3. In determining the validity of the costs, the Code Enforcement Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include: whether the present owner created the violation(s); whether there is a present ability to correct the violation(s); whether the owner moved promptly to correct the violation(s); the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation(s) exists.

4. The Code Enforcement Director's decision shall be appealable to the Council in compliance with Chapter 18.140 (Appeals).

E. Tax lien.

1. The Code Enforcement Director shall consider the cost summary at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or interested person may present a written or oral protest or objections to the cost summary.

2. The Code Enforcement Director may modify the cost summary if it is deemed necessary. The Code Enforcement Director shall mail a written copy of the modified cost summary to the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of the property.

3. In compliance with State law (Government Code Sections 25845 and 38773.5), the total costs of abatement, including all administrative costs, shall constitute a special assessment against the subject parcel. After the assessment is made and confirmed, it shall become a lien on the subject parcel in the following manner.

   • a. After confirmation of the cost summary, a certified copy shall be filed with the County Auditor on or before August 10th of each year and the Auditor shall be requested to enter the amounts of the respective assessments on the County tax roll.

   • b. The special assessment (in the amount of the total costs in the cost summary) shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary property taxes.

   • c. The Code Enforcement Director may order refunded all or part of an assessment paid in compliance with this Section, if the Code Enforcement Director finds that all or part of the assessment has been erroneously levied. An assessment or any part thereof shall not be refunded unless a claim is filed with the Town Clerk on or before December 1st after the assessment becomes due and payable. The claim shall be verified by the person who paid the assessment, or the responsible administrator, executor, or guardian.

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F. Additional permit processing fees.

1. Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves any structure without first obtaining a permit required by this Development Code, shall pay the additional permit processing fees established by the Council's Fee Resolution for the correction of the violation(s), before being granted a permit for any use or structure on the site.

2. All administrative fees that have accrued against a particular parcel shall be paid before processing of any application (including a Building Permit) for that property.

3. Any property owner notified of a Code violation shall correct the violation before issuance, processing, approval, or completion, as appropriate, of any discretionary permit application.

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