Yolo County Municipal Code Ch. 5 Code Enforcement

* Chapter 5 entitled "Administrative Citations", consisting of Sections 1-5.01 through 1-5.14, codified from Ordinance No. 1320, repealed and replaced in its entirety by § 2, Ord. 1526, eff. October 29, 2020.

(a) The Board of Supervisors ("Board") finds that the enforcement of this Code of Ordinances ("Code") throughout the County is an important public service, and enforcement of the Code is vital to the protection of the public's health, safety, and quality of life. The Board finds that enforcement starts with the implementation of regulations that can be applied fairly and evenly through administrative notices, enforcement, hearings, and appeals. The Board further finds that a comprehensive code enforcement system requires a variety of administrative remedies for the effective enforcement of violations of the Code.

(b) The procedures, processes, penalties, and remedies provided in this Chapter are cumulative and in addition to all other remedies, enforcement, and cost recovery options available to the County by law or in equity.

(§ 2, Ord. 1526, eff. October 29, 2020)

As used in this Chapter, unless the context otherwise requires, the words and terms defined herein have the meanings ascribed to them as follows:

(a) "Administrative Citation" is a document that cites a responsible party for a violation and imposes fines and fees arising from the violation.

(b) "Administrative Hearing" is an informal legal proceeding before an impartial Hearing Officer held in accordance with this Chapter.

(c) "Abatement Costs" means and includes all costs, expenses, fines, and fees, such as administrative expenses, administrative fines, civil fines, penalties, staff time, variable costs, fixed costs, inspection costs, investigation costs, enforcement costs, abatement costs, litigation fees, litigation costs, hearing costs, attorneys' fees and costs, and all other costs and expenses related to, arising out of, or incurred by the County relating to any nuisance enforcement or abatement action to the fullest extent permitted by law.

(d) "Continuing Violation" means a violation of this Code that persists for more than 24 hours.

(e) "Courtesy Notice" is an informal notice that may be used to notify the responsible parties of the violation and to order that the violation be corrected.

(f) "Decision" means the decision of a Hearing Officer at the conclusion of an administrative hearing held in accordance with this Chapter.

(g) "Director" means the Director, Department Head, or designee with overall responsibility for the general subject matter of the County Code Sections at issue with respect to a particular violation.

(h) "Enforcement Agency" means and includes any agency, department, or unit authorized to enforce any provision of the County Code or State Law.

(i) "Enforcement Official" means any County officer or employee with the authority to investigate and enforce a violation, and includes Code Enforcement Officer, County Health Officer, County Administrator, County Counsel, Director of the Community Services Department, Director of Environmental Health, Chief Building Official, Cannabis Policy and Enforcement Manager, or their authorized designees.

(j) "Grace Period" means the reasonable timeframe provided to a responsible party to correct a violation of this Code in accordance with this Chapter.

(k) "Grace Period Exception" means a code violation that is any of the following:

(1) Not a continuing violation.

(2) An immediate danger.

(3) The result of, or used to facilitate, the illegal cultivation of cannabis. This grace period exception shall not apply to the nuisance property owner if all the following are true at the time of the cannabis cultivation violation:

i. The nuisance property was a rental property.

ii. A tenant was in possession of the nuisance property.

iii. The rental agreement for the nuisance property prohibited cannabis cultivation.

iv. The nuisance property owner, nor an agent of the owner, is not a responsible party.

v. The nuisance property owner did not know, and could not have reasonably known, that the tenant was illegally cultivating cannabis on the nuisance property. The nuisance property owner will be presumed to be aware of the illegal cannabis cultivation activity if the nuisance property owner was previously notified about the unlawful activity.

(l) "Hearing Costs" means and includes all costs, expenses, Hearing Officer fees, and attorneys' fees related to any administrative hearing held pursuant to this Chapter.

(m) "Hearing Officer" means any person appointed to conduct any hearing or proceeding under the provisions of this Chapter, unless otherwise specified, including, without limitation, the administration of oaths, the issuance of subpoenas, the receipt of evidence, and the entry of findings of fact and law.

(n) "Immediate Danger" means that the cited condition poses a reasonable risk of causing immediate harm or damage to the health or safety of a person or property or damage to the environment.

(o) "Interested Party" means any person or entity whose rights will be affected by a nuisance abatement action.

(p) "Invoice" means the invoice identifying the abatement costs that the County is entitled to recover related to a nuisance abatement action.

(q) "Junk" includes, but is not limited to: trash; refuse; paper; glass; cans; bottles; rags; ashes; yard waste; other salvageable materials; litter; inoperable appliances, parts, and tools; inoperable and unregistered vehicles, vehicle parts, and vehicle hulks; discarded furniture; dirt, rocks, and materials from the demolition, alteration, or construction of buildings or structures, unless such dirt, rocks, or other materials from demolition, alteration, or construction are being used for purposes of fill; and any such similar items.

(r) "Nuisance Property" means the parcel of real property containing violations or nuisance conditions that are the subject of a Code enforcement or nuisance abatement action.

(s) "Person" means any natural person, business, organization, corporation, or other legal entity.

(t) "Public Nuisance" consists of one or more of the following (enumeration of such nuisances in this Chapter shall not be deemed exclusive):

(1) Anything injurious or likely to become injurious to health or safety, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including a condition of visual blight.

(2) Unlawfully obstructing the free passage or use, in the customary manner, of any public park, square, street, or highway.

(3) Any violation of this Code, including any code adopted by reference (California Building Standards Code, California Building Code, California Residential Code, California Electrical Code, California Fire Code, California Housing Code, California Plumbing Code, California Mechanical Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Code), or any other applicable law.

(4) A swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or otherwise un-maintained, wherein the water becomes polluted by bacterial growth, algae, remains or nesting sites of insects or deceased animals or reptiles, rubbish, refuse, debris, or other foreign matter, thereby creating an unhealthy, unsafe, or unsightly condition.

(5) Any accumulation of junk, debris, or inoperable vehicle(s) on any parcel of land.

(6) Any occupancy of any land or structure in a manner other than that for which it was approved.

(u) "Requesting Party" means any interested party who properly requests an administrative hearing as required by this Chapter.

(v) "Responsible Party" means and includes any of the following:

(1) Any person or entity that causes, maintains, permits, or allows a violation of this Code.

(2) Any person or entity that owns, possesses, or controls any parcel of real property in the County upon which a violation of this Code is maintained.

(3) Any trustee of any trust that holds legal title to any parcel of real property in the County upon which a violation of this Code is maintained.

(4) Any person or entity that owns, possesses, operates, manages, or controls any business within the County that is responsible for causing or maintaining a violation of this Code.

(w) "Violation" includes, but is not limited to, any public nuisance and all violations of this Code, any codes adopted by reference by the County, and non- compliance with any condition imposed by any entitlement, permit, agreement, or environmental document issued or approved under the provisions of this Code.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) The Enforcement Official shall have the authority and powers necessary to determine whether a violation exists and take appropriate action to gain compliance with the law and abate any violation. The Enforcement Official shall further have authority to issue courtesy notices, administrative citations, invoices, and any other notices and orders necessary to obtain compliance and cost recovery, as well as the power to inspect public and private property as provided by law, impose fines and fees, and use the administrative remedies that are available under State law or this Code. The Enforcement Official shall also have authority to use the civil remedies available under State law or this Code, including, but not limited to, receiverships, the Drug Abatement Act ("DAA"), the Red Light Abatement Act ("RLAA"), the Street Terrorism Enforcement and Prevention Act ("STEP"), and other nuisance abatement actions.

(b) Every person who willfully resists, delays, or obstructs any Enforcement Official or Hearing Officer in the discharge or attempt to discharge any duty of their office or employment shall be guilty of a misdemeanor, punished by a fine not exceeding $1,000, or by imprisonment in a County jail not to exceed one year, or by both that fine and imprisonment.

(c) Every person who willfully states anything which that person knows to be false in any oral or written statement to an Enforcement Official or Hearing Officer regarding the subject of a Code Enforcement investigation or hearing shall be guilty of a misdemeanor, punished by a fine not exceeding $1,000, or by imprisonment in a County jail not to exceed one year, or by both that fine and imprisonment.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Any violation of this Code is a public nuisance and shall be abated as such. It is unlawful for any responsible party to cause or maintain a violation of this Code or a public nuisance on a premises. To the fullest extent allowed by law, a responsible party has a duty to prevent, remove, or abate a violation or public nuisance on their real property when that responsible party knows, or has reason to know, that the violation or public nuisance exists.

(b) Each and every day, or portion thereof, that a violation exists constitutes a separate and distinct offense.

(c) Any person who violates a provision of this Code, or fails to comply with any of the requirements thereof, shall be subject to all applicable remedies available under this Chapter or State law. Wherever this Code makes any act or omission unlawful, it shall include causing, maintaining, permitting, aiding, abetting, or concealing such act or omission.

(d) Any violation may be enforced through one or more of the following remedies:

(1) Issuance of a courtesy notice, administrative citation, or invoice, including the recovery of civil penalties and enforcement costs.

(2) Abatement as a public nuisance.

(3) Arrest or citation and release pursuant to California Penal Code Section 836.5.

(4) Criminal prosecution.

(5) Administrative hearing.

(6) Civil action for injunction, civil penalties, or other appropriate remedies, including, but not limited to, receivership, DAA, RLAA, and STEP actions.

(7) The withholding of approvals, conditional approvals, and permits until the violation conditions are cured.

(8) Recording of a notice of pendency of nuisance abatement action, nuisance abatement lien, and special assessment lien.

(9) Revocation or suspension of licenses, permits, special use permits, and other entitlements issued by the County.

(10) Issuance of a stop work order.

(11) Any other remedies provided by law or in equity.

(e) The imposition of any fines or fees prescribed herein shall not preclude abatement of any violation enforced through this Chapter by the Enforcement Official, the recovery of costs as authorized by law, or the institution of any other administrative, criminal, or civil legal proceedings.

(f) Nothing in this Chapter shall be interpreted as mandating that an Enforcement Official take certain steps in response to a violation or citizen complaint, or to preclude an Enforcement Official from informally encouraging citizens to comply with this Code or other applicable laws. Though not required, an Enforcement Official may engage in informal oral or written requests to achieve compliance, including attempts to informally negotiate or mediate issues relating to compliance. In no event shall an Enforcement Official's failure to take an enforcement action described in this Code create any liability for the Enforcement Official or the County for damages or harm resulting from the violation.

(g) In addition to any remedy authorized by law, violations may be prosecuted as criminal violations. Any violation may constitute a misdemeanor or an infraction. Each day that a violation continues shall be deemed a separate offense. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding $1,000 per violation, imprisonment for a term not exceeding six months, or both. Unless provided otherwise, a violation may be prosecuted as an infraction with a maximum penalty established pursuant to Government Code Section 25132.

(h) The Enforcement Official may investigate any violation in the unincorporated area of the County, and as authorized within the incorporated areas of the County, including, without limitation, those identified through any of the following:

(1) Specific bona fide citizen complaints or government agency referrals.

(2) The violation occurs within the context of the County's oversight or approval for a project.

(3) The enforcement action is a part of a plan for the uniform enforcement of a provision of the Code or other applicable laws within the County.

(4) The Enforcement Official's personal observations.

(i) An administrative citation shall not be issued pursuant to a citizen complaint until the Enforcement Official has conducted an independent investigation and determined that a violation has occurred. Whether and how to conduct an investigation or conduct further enforcement proceedings shall be within the discretion of the Enforcement Official. A complaint may form the basis of an enforcement action or inspection warrant if the violation is one of limited temporal duration or if the violation is not apparent and the responsible party does not consent to the Enforcement Official's inspection. Nothing herein shall allow a complainant to compel an Enforcement Official to take investigatory or enforcement actions or create any liability for failure to take such actions.

(j) Stop Work Order. Whenever any work is reasonably suspected as being conducted contrary to the County Code, or other pertinent laws or ordinances implemented through the enforcement of the County Code, the Enforcement Official may order the work stopped by notice in writing served on any persons engaged in conducting or causing such work to be done, and any such persons shall forthwith stop such work until lawfully authorized to proceed with the work.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Whenever a notice is required to be given under this Chapter, unless specifically provided otherwise, it may be served by any one of the following methods:

(1) Personal service.

(2) First-class or certified mail to the party's last known address.

(3) For any party that resides at, or occupies, the nuisance property, by posting the notice in a conspicuous place at the entrance to the nuisance property.

(4) For any party registered with the Secretary of State, by certified mail to that party's agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

(5) If a valid address for any party cannot be determined, then by posting in a conspicuous place at the entrance to the nuisance property.

(6) By email when an email address is provided by that party.

(7) In any other manner reasonably calculated to effectuate notice.

(b) Service by posting, personal delivery, or electronic delivery shall be deemed effective at the time of posting or delivery. Service by mail in any manner described in this Section shall be deemed effective upon deposit in the mail.

(c) The failure of any interested party to receive any notice served in accordance with this Section shall not affect the validity of the notice nor any proceeding conducted pursuant to that notice.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) When an Enforcement Official identifies a violation, the Enforcement Official may issue a courtesy notice in order to notify the responsible parties of the violation and to order that the violation be corrected.

(b) The courtesy notice shall include the following information:

(1) The date of the courtesy notice.

(2) The name and address of the responsible party for the violation, if known.

(3) The address or a description of the location where the violation occurred.

(4) Identification and a brief description of the laws violated.

(5) A re-inspection date, if applicable.

(6) A statement advising that the County may impose penalties if the violation is not corrected or abated by the re-inspection date, unless a shorter compliance deadline is necessary in the judgment of the Enforcement Official because the violation presents an immediate public health and safety hazard.

(7) A statement that each day that the violation persists is a separate offense.

(8) A statement of the County's abatement costs recovery rights.

(9) A statement that enforcement under this Chapter does not preclude the County, State, or federal government from pursuing any other available administrative, criminal, or civil remedies to abate or address the violation, conduct, or condition.

(10) Any other orders as may be necessary to protect the health and safety of any persons or property.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Whenever an Enforcement Official determines that a violation of this Code has occurred, the Enforcement Official shall have the authority to issue an administrative citation to each responsible party for that violation.

(b) The administrative citation shall contain:

(1) The date of the violation.

(2) The name of the responsible party being cited.

(3) The address or a description of the location where the violation occurred.

(4) Identification and a brief description of the laws violated.

(5) Designation per cited violation whether it poses an immediate danger.

(6) Designation per cited violation whether it is a continuing violation.

(7) The grace period (if any) to cure each cited violation in order to avoid the administrative fine.

(8) The amount of the administrative fine for each cited violation that will be imposed if the cited violation is not cured within the grace period (if any). If the grace period lapses without abatement or correction of the violation, then administrative fines may be imposed commencing from the date of service of the administrative citation. If there is no grace period, the administrative fine shall be immediately imposed.

(9) The amount (if any) of the administrative fee representing the abatement costs associated with the violation.

(10) An order prohibiting the continuation or repeated occurrence of the cited violations.

(11) A notice that the administrative fine amount may automatically re-accrue and increase each day beyond the grace period (if any) that the cited violation persists, up to the statutory maximum.

(12) An order on how to correct or abate the violation.

(13) An order to the responsible party that the responsible party must report to the relevant enforcement agency when each cited violation is cured, along with the responsible party's contact information, in order for the relevant enforcement agency to verify.

(14) A brief description of how to contest the administrative citation and the deadline to do so.

(15) A brief description of the administrative fine payment process, including the timeframe to pay the administrative fine and administrative fee, the late fee for failure to pay on time, and any other consequences for failing to pay as required.

(16) The name and signature of the citing Enforcement Official.

(c) Continuing Violations. Each day a violation persists is a separate offense.

(d) Grace Period. The responsible parties for any violation that is not a grace period exception shall be given a reasonable grace period to cure the violation in order to avoid the administrative fine. The grace period shall be at least 24 hours unless the minimum period is otherwise specified in this Code or set by resolution of the Board. If a cited violation is a grace period exception, then the Enforcement Official may immediately impose the administrative fine for that cited violation.

(e) Compliance Reporting. The responsible party must cure each cited violation and must report to the relevant enforcement agency when each cited violation is cured within 24 hours of curing the violation. When reporting to the enforcement agency, the responsible party must provide their contact information and make accommodations for the enforcement agency to verify compliance within 72 hours, unless further delay is permitted by the enforcement agency.

(f) Fine Schedule. For any violation of this Code that is punishable as a misdemeanor, the maximum administrative fine shall be $1,000 per offense per day. For any violation of this Code that is punishable as an infraction, the maximum administrative fine shall be in accordance with Government Code Section 25132. The Board of Supervisors may adopt by resolution an administrative fee schedule governing administrative fines imposed pursuant to this Chapter for certain violations. Any fine shall be in addition to the fees assessed for the violation.

(g) Re-accruing Administrative Fines. The administrative fine for a cited violation shall automatically re-accrue and may increase, up to the set maximum, each day beyond the grace period (if any) that a cited violation persists.

(h) Administrative Fees. The County may adopt one or more administrative fees to recover the abatement costs associated with the issuance, enforcement, processing, and collection of administrative citations. The administrative fees shall be based on the actual costs incurred by the County, including overhead and indirect costs. The administrative fees shall be assessed on each administrative citation and collected in the same manner and at the same time as the administrative fine; however, the administrative fees shall be assessed only once per administrative citation.

(i) Late Fee. Any person who fails to pay any administrative fine or administrative fee imposed pursuant to the provisions of this Chapter shall be liable for the payment of a late fee. The late fee shall be in an amount established by resolution of the Board.

(j) Collection Costs. In addition to the administrative fee and late fee, the County is entitled to recover all costs, expenses, fees, and attorneys' fees associated with collecting upon any administrative fines, fees, or costs authorized by this Chapter.

(k) Payment of Administrative Fines. All fines and fees shall be payable to the County in accordance with the procedures specified in this Chapter, unless otherwise directed in the citation. Administrative fines and fees shall be paid to the County within 30 days from the date of service of the administrative citation, unless a hearing is properly requested. If a hearing is properly requested, and the fine is upheld or modified at that administrative hearing, then the confirmed fine amount shall be paid to the County within 30 days from the date of service of the decision. Payment of the fines and fees shall not excuse the failure to correct the violation or bar further enforcement action by the County.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Upon initiating a nuisance abatement action, the Enforcement Official may record a Notice of Pendency of Nuisance Abatement Action ("NoP") with the County Recorder's Office. The NoP shall identify the County's enforcement and cost recovery rights.

(b) Once all violations have been corrected, and all abatement costs have been paid, any interested party may file a written request for the NoP to be withdrawn.

(c) Within a reasonable time of receiving a request for a NoP Withdrawal, the Enforcement Official shall confirm that the violations have been corrected or abated, which confirmation may include the re-inspection of the nuisance property. The Enforcement Official shall issue a NoP withdrawal to the requesting party if the Enforcement Official determines that all the following have occurred:

(1) All violations subject to the nuisance abatement action have been corrected.

(2) All necessary approvals and permits have been issued and finalized.

(3) All abatement costs and administrative fines and fees have been paid.

(d) If the Enforcement Official denies a request to issue a NoP withdrawal, the Enforcement Official shall mail the requesting party a written explanation setting forth the reasons for the denial and notice of the opportunity to appeal the denial by requesting an administrative hearing under this Chapter.

(e) Any costs associated with recording a NoP or a NoP withdrawal shall constitute abatement costs subject to recovery pursuant to this Chapter.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Hearing Request. An administrative hearing may be requested by an interested party to appeal any nuisance abatement related administrative process (except courtesy notices), such as: administrative citations; administrative fines; administrative orders; correction orders; abatement orders; permit revocations; license revocations; approval revocations; nuisance findings; danger findings; administrative appeals; invoices; or any such similar administrative nuisance abatement actions of the County ("enforcement action"). An administrative hearing may be requested by completing a hearing request form and returning it to the enforcement agency within 15 days from the date of service of notice of the enforcement action.

(1) A hearing request form may be obtained from the enforcement agency responsible for the enforcement action. Any request for administrative hearing must be accompanied by deposit of any fines and fees that have accrued on the violation(s), by cash or cashier's check payable to the County of Yolo. Failure to deposit such fines and fees constitutes a waiver of all rights to an administrative hearing and other appeal rights and shall be grounds for summary dismissal of the appeal without a hearing. Any appealed fines and fees shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s), or that there was no violation(s) during the period the appealed fines and fees assessed. If a hearing is requested but a person's financial condition prevents deposit of the fines and fees for the administrative citation being appealed, the person may request waiver of the deposit requirement, which shall be waived if the person provides sufficient evidence of an inability to pay because of one of the reasons for waiver of court filing fees enumerated in California Government Code § 68632.

(2) The request may be for an in-person hearing or a hearing by written declaration. If an in-person hearing is requested, then the County shall set the date and time for the administrative hearing. The requesting party shall be served written notice of the time and place set for the administrative hearing at least 10 days prior to the date of the administrative hearing.

(3) If a request for hearing by written declaration is made, then the written declaration must be made under penalty of perjury and attached to the hearing request form. The written declaration must establish all defenses the contesting party may have and must attach all evidence the contesting party wishes the Hearing Officer to consider. The written declaration may not be augmented or supplemented unless permission to do so is obtained from the Hearing Officer prior to the issuance of the decision.

(4) Other than coordinating and scheduling the administrative hearing, no ex parte communications may occur with the Hearing Officer. Any other communications with the Hearing Officer must be in writing and submitted to all parties either prior to, or contemporaneously with, the written communication to the Hearing Officer.

(5) The enforcement agency may submit a written report concerning the enforcement action to the Hearing Officer for consideration. If an in- person hearing is requested, then the report may be submitted at any time prior to the in-person hearing. If a hearing by written declaration is requested, then the report may be submitted within 30 days of service of the hearing request.

(6) Failure by an interested party to timely and properly request a hearing as required by this Chapter, including the proper submission of a written declaration under penalty of perjury when a hearing by declaration is requested, shall constitute an admission by that interested party to the existence of the cited violations, an admission of that interested party's liability for the cited violations, a waiver of that interested party's right to contest the enforcement action, and a failure by that interested party to exhaust their administrative remedies. The enforcement action, along with any imposed administrative fines or abatement costs that were to be adjudicated, shall be deemed final.

(7) Upon the proper filing of a hearing request, any administrative fines and administrative fees associated with the enforcement action shall be stayed pending the outcome of the administrative hearing.

(b) Hearing Officer. The County Counsel's Office shall be responsible for the selection of a Hearing Officer required by this Chapter. A Hearing Officer shall be a neutral third-party contracted by the County and selected in a manner that avoids the potential for any bias against any parties to the hearing. The Hearing Officer's compensation, if any, shall be paid by the County; however, the non- prevailing party shall be liable to the County for the costs of the hearing and the Hearing Officer's compensation. The Hearing Officer's compensation shall not be directly or indirectly conditioned upon the outcome of the administrative hearing.

(c) Hearing Officer Powers. The Hearing Officer shall preside over administrative hearings, administer oaths, issue subpoenas, and impose such rules of decorum upon administrative proceedings as will promote the fair and efficient consideration of matters before the Hearing Officer. The Hearing Officer has continuing jurisdiction over the subject matter of an administrative hearing for the purpose of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist.

(d) Subpoenas. The Hearing Officer is authorized to issue a subpoena for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. If a subpoena is issued upon the appellant or the County, or the employee of either, service may be effectuated by ordinary mail at least 10 days before the hearing date, and the witness is entitled to the reasonable out-of-pocket costs of complying with the subpoena. If issued upon a third-party, service and witness fees shall be in accordance with the rules of the Code of Civil Procedure governing third-party subpoenas. The Hearing Officer may enforce compliance with the subpoena through the procedures outlined in Government Code Sections 25173 through 25176. All costs related to the subpoena, including witness fees, mileage fees, and the Hearing Officer's costs of enforcing the subpoena, shall be borne by the party requesting the subpoena.

(e) Hearing Procedure.

(1) An in-person hearing before the Hearing Officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for an in-person hearing is submitted in accordance with the provisions of this Chapter. This timeframe may be extended by necessity or stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the enforcement action, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the Hearing Officer's decision.

(2) If the interested party requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by that party to the existence of the cited violations, an admission by that party of that party's liability for the cited violations, a waiver by that party of the right to contest the enforcement action, and a failure by that party to exhaust that party's administrative remedies.

(3) If an in-person hearing is requested, the Hearing Officer may continue the hearing and request additional evidence from the enforcement agency or the requesting party prior to issuing a decision.

(4) If a hearing by written declaration is requested, the Hearing Officer shall review the requesting party's written declaration and the enforcement agency's report within 30 days of receipt. Within those 30 days, the Hearing Officer may request additional evidence from the enforcement agency or the requesting party as necessary to render a decision. Failure by the requesting party to respond or to produce additional evidence requested by the Hearing Officer may be deemed by the Hearing Officer as an abandonment of the hearing request. Failure by the enforcement agency to respond or produce additional evidence requested by the Hearing Officer may be deemed by the Hearing Officer as admissions in the requesting party's favor. Failure by the Hearing Officer to strictly comply with this provision shall not invalidate the enforcement action nor the Hearing Officer's decision.

(5) Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross-examine witnesses. The County bears the burden of proof at an administrative hearing to justify the enforcement action by a preponderance of the evidence. The enforcement action, along with any additional evidence submitted by the enforcement agency, shall constitute prima facie evidence of the facts contained in that evidence.

(6) During the existence of a local emergency declaration that affects the ability to safely conduct an in-person hearing, the Hearing Officer may order that an in-person hearing be conducted electronically or by phone.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Not later than 30 days after the date on which the administrative hearing concludes—or in the case of a hearing by written declaration, not later than 30 days after all necessary evidence is received—the Hearing Officer shall issue a written decision to uphold, modify, or dismiss the enforcement action. Failure by the Hearing Officer to strictly comply with this provision shall not invalidate the enforcement action nor the decision.

(b) The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this Chapter. The decision shall be final.

(c) The Decision shall be served in accordance with this Chapter on all parties to the administrative hearing. Failure to receive a properly addressed decision shall not invalidate the enforcement action nor the decision.

(d) The hearing costs shall be advanced by the County. However, if the enforcement action is upheld, the Hearing Officer shall award the County reimbursement of the hearing costs, including the Hearing Officer's compensation. If the enforcement action is only partially upheld, the Hearing Officer may proportionately reduce the reimbursement for hearing costs that the County is awarded as the Hearing Officer deems appropriate. If the enforcement action is dismissed entirely, then the County shall bear the hearing costs.

(e) All upheld and awarded administrative fines, administrative fees, abatement costs, hearing costs, and other costs shall be paid by the liable parties to the County within 30 days from the date the decision is served.

(f) If the Hearing Officer determines that any administrative citation should be dismissed, the County shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law.

(g) Any appeal of the Hearing Officer's decision must be made to the Superior Court within 20 days after service of the decision. No new evidence may be submitted with the appeal. The Hearing Officer's decision and the enforcement agency's evidence submitted at the administrative hearing shall constitute prima facie evidence of the facts contained in that evidence. Failure to file and serve an appeal within 20 days shall constitute a waiver of any appeal rights and the decision shall be deemed confirmed.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) In accordance with this Chapter, any time after an administrative citation has been issued, the County may serve upon each interested party an invoice identifying all abatement costs related to a nuisance abatement action. The Invoice shall notify the liable parties that they must remit payment within 45 calendar days, specify how payment must be remitted, notify the interested parties of their right to request an administrative hearing to contest the invoice within 15 days, and briefly describe the process by which to request an administrative hearing. The invoice shall further notify the interested parties that any unpaid amounts may become a lien and special assessment against the nuisance property.

(b) Any interested party to which an Invoice is issued shall have 15 days from the date of service of the Invoice to request an administrative hearing to contest the invoice. The request for the administrative hearing shall be made in accordance with the instructions provided in the invoice. Upon the proper filing of an administrative hearing request by an interested party, the invoice shall be stayed pending the resolution of the administrative hearing. The administrative hearing shall pertain only to the Invoice, and may not serve as a collateral challenge to an administrative citation.

(c) Any liable party to whom an invoice has been issued shall have 45 calendar days from the date of that invoice to remit full payment of the abatement costs to the County in accordance with the payment instructions in the invoice, unless the invoice is stayed pursuant to a pending administrative hearing request.

(d) The County is entitled, and is hereby authorized, to recover all past due administrative fines, administrative fees, late fees, abatement costs, collection costs, and hearing costs by use of all available legal means, including, but not limited to, personal collection from the liable parties and lien or special assessment against the nuisance property if any of the liable parties have or control title to the nuisance property. Each liable party shall be jointly and severally liable to the County for all the County's abatement costs. The procedures provided in this Section are in addition to all other remedies and cost recovery options available to the County by law or in equity.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) All abatement costs shall be subject to collection in accordance with this Section if those amounts have not been satisfied in full within 45 calendar days after those amounts have become final.

(b) Any unpaid abatement costs may be secured by a nuisance abatement lien recorded on title to the nuisance property and by special assessment placed on the tax bill of the nuisance property.

(c) Nuisance Abatement Lien.

(1) Prior to recording a nuisance abatement lien, the County shall serve notice of the lien on all persons or entities with a recorded interest in the nuisance property. In addition, the owners of record shall be served with notice of the lien at the address provided in the last equalized assessment roll or the supplemental roll for the nuisance property, whichever is more current, in the same manner as a summons in a civil action in accordance with Code of Civil Procedure, part 2, title 5, chapter 4, article 3 (commencing with Section 415.10). If the owner of record cannot be found after diligent search, notice of the lien may be served by posting a copy of the notice in a conspicuous place upon the nuisance property for a period of 10 days.

(2) The notice of lien shall, at a minimum, identify the record owners or possessors of the nuisance property, set forth the last known address of the record owners or possessors, set forth the date upon which the lien was created against the nuisance property, include a description of the real property subject to the lien, and identify the amount of the lien.

(3) The lien created shall have the same priority as a judgment lien on real property.

(4) In the event that the lien is discharged, released, or satisfied, then notice of the discharge, release, or satisfaction shall be recorded on the nuisance property.

(5) If the lien is not satisfied within 90 calendar days, the County may foreclose on the lien.

(d) Special Assessment. The County may levy a special assessment against the nuisance property for any unpaid abatement costs. The special assessment may also be recorded against the nuisance property. The recording shall specify that the nuisance property may be sold after three years by the tax collector for the unpaid delinquent assessments.

(1) Prior to recording, the County shall serve notice by certified mail of the special assessment on all persons or entities with a recorded interest in the nuisance property.

(2) Notice of the special assessment shall be provided to the tax collector for the County to add to the next regular tax bill levied against the nuisance property, and it shall be collected at the same time and in the same manner as ordinary taxes are collected, subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for other taxes.

(3) After recordation, the special assessment may be foreclosed on as a lien in the manner and means provided by law.

(e) Attorneys' Fees. Unless the County elects at the initiation of an individual action or proceeding not to seek attorneys' fees, the prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance shall be entitled to attorneys' fees, not to exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding. In the event the County prevails, the attorneys' fees awarded to the County shall be included as abatement costs.

(f) Order of Payment. All payments received shall be first applied to interest, then administrative fines, then abatement costs. Once the County receives full payment for outstanding principal, penalties, and costs, the County will record a notice of satisfaction. A fee shall be paid by the owners or occupants for processing the notice of satisfaction. This notice of satisfaction will cancel the County's lien under this Section.

(g) Until paid in full, the lien may be foreclosed and the real property sold by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The prevailing party in such an action shall be entitled to its reasonable attorneys' fees and costs, not to exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding.

(§ 2, Ord. 1526, eff. October 29, 2020)

In addition to any other available remedies, the County may bring a civil action and obtain a judgment in the Superior Court for the purpose of collecting any unpaid abatement costs imposed pursuant to this Chapter. That action may be filed as a small claims, limited civil, or unlimited civil case, depending on the amount at issue.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Any liable party who fails to pay any obligation imposed pursuant to this Chapter shall be liable in any action brought by the County for all costs incurred in securing payment of that delinquent amount, including but not limited to, all administrative costs, attorneys' fees, and other abatement costs.

(b) Collection costs shall be in addition to any penalties, interest, and late charges imposed upon the delinquent obligation.

(c) Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.

(§ 2, Ord. 1526, eff. October 29, 2020)

(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 violation, or any outstanding balance for abatement costs, on any nuisance property, except permits, licenses, or entitlements necessary to abate those violations.

(b) The refusal to issue shall be rescinded once all violations have been cured and all outstanding balances have been paid.

(c) The Director may waive the provisions of this Section if the Director determines it is necessary to allow desirable remedial work, protective work, preventative work, or in other exceptional circumstances.

(§ 2, Ord. 1526, eff. October 29, 2020)

The County shall take all reasonable steps to ensure that the identity and personal information of any person making a complaint to the County concerning a violation shall remain confidential. It is declared and found by the Board that the public interest served by encouraging complaints to Code Enforcement without fear of retribution clearly outweighs the public interest served by disclosure of the complainant's identity and information.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Whenever the Enforcement Official or Hearing Officer determines that a nuisance property is in violation of any Section of this Code, an abatement order may be issued to the responsible parties to abate the violation. An abatement order may be combined with any other remedial measure or enforcement action. If the abatement order pertains to events occurring on, or the status or condition of, the nuisance property, the abatement order shall also be served on all interested parties. The abatement order shall include the following:

(1) Identification and a brief description of the violations to be abated.

(2) Deadlines by which the violations must be corrected.

(3) A description of the possible consequences should the responsible parties fail to cure the violations by the deadlines.

(4) Notice that any interested party may request an administrative hearing in accordance with this Chapter to contest the abatement order within 15 days, and the procedures to do so. Notice that failure to request a hearing will be deemed an admission by that party of the violations identified, a waiver of that party's right to contest the abatement order, and a failure by that party to exhaust that party's administrative remedies.

(5) Notice that failure to abate the violations, or to request a hearing, within the time provided for in the abatement order may result in abatement by the County in accordance with this Chapter, which may include the removal and destruction of property giving rise to the violations.

(6) Notice that the responsible parties must notify Code Enforcement in writing once compliance has occurred, and notice that the violations will be deemed on-going until written notice is received.

(§ 2, Ord. 1526, eff. October 29, 2020)

(a) Due Process. Generally, an Enforcement Official may seek a court-issued abatement warrant in order to abate a violation after the Enforcement Official has provided all interested parties an abatement order that affords an opportunity to request an administrative hearing. However, in urgent situations, as determined by the Enforcement Official as necessary to protect people or property, the Enforcement Official may seek an abatement warrant to abate a Violation without first providing the interested parties with an opportunity for an administrative hearing or possibly without even providing notice of the abatement. In such urgent situations, the Enforcement Official shall inform the issuing court that the interested parties shall be provided notice and an opportunity to be heard regarding the abatement by the County post-abatement. In certain emergency situations, when securing an abatement warrant is not possible, as determined by the Enforcement Official, including those situations when danger is imminent, an Enforcement Official may proceed with summary abatement and provide the interested parties with notice and an opportunity to be heard regarding the summary abatement post-abatement.

(b) Abatement Warrant. In compliance with the requirements of this Section, an Enforcement Official may seek and obtain an abatement warrant from the court to abate any nuisance condition. Upon the issuance of the abatement warrant by the court, the conditions may be abated by County personnel or by a private contractor hired by the County for that purpose, subject to the requirements of this Chapter and the warrant. The enforcement agency shall give all interested parties reasonable notice of the County's abatement before conducting the abatement.

(1) When the abatement is completed, a warrant return describing the work performed and an itemized accounting of the total abatement and administrative costs shall be prepared by the Enforcement Official. The report shall contain the names and addresses of the interested parties, the name and address of the property owner, and a description of the nuisance property sufficient to enable identification of the property.

(c) Summary Abatement. Whenever an Enforcement Official or a Hearing Officer determines that an imminent threat to public health or safety exists that requires immediate correction or elimination, the Enforcement Official may summarily abate the hazard or nuisance. The Enforcement Official shall pursue only the minimum level of correction or abatement as necessary to eliminate the imminent hazard. The Enforcement Official may exercise the following powers to summarily abate the hazard or nuisance:

(1) Order any tenants to vacate a property and prohibit occupancy until repairs are completed.

(2) Condemn, red-tag, quarantine, or post the premises as unsafe, substandard, or dangerous.

(3) Board, fence, or secure the building or site per County requirements.

(4) Raze and grade that portion of the building or site as necessary to prevent risk of collapse.

(5) Make any emergency repairs as necessary to eliminate any immediate threat to public health or safety.

(6) Remove the hazard or nuisance that constitutes an immediate threat to public health or safety.

(7) Take any other reasonable action deemed by the Enforcement Official as appropriate under the circumstances.

(d) Property Report. If any personal property is altered or removed as part of an abatement action by the County, written notice shall be provided to all interested parties and conspicuously posted in the area where the personal property was located. The written notice shall contain the following:

(1) The date and approximate time the personal property was altered or removed.

(2) A general description of the personal property altered or removed.

(3) A statement identifying the grounds for alteration or removal of the personal property.

(4) The address where the personal property will be located, including a telephone number through which a person may receive information.

(5) A statement indicating whether an interested party may retrieve the property by calling the number provided or whether the interested party must request a post-removal hearing at which it will be determined whether the property will be returned, unless immediate destruction is necessary to protect health and safety.

(6) A statement that, if an interested party does not retrieve or request a post- removal hearing within 45 days of the date of the notice, the property will be deemed abandoned and forfeited, and the property may be discarded or destroyed.

(e) Cost Recovery. All abatement costs incurred by the County during the abatement process, including any contractor costs, shall be assessed, collected, and recovered against the nuisance property, and from the responsible parties, as provided in this Chapter.

(f) Remedies Cumulative. The Enforcement Official may also pursue any other administrative, criminal, or civil remedies available regarding the violations.

(§ 2, Ord. 1526, eff. October 29, 2020)