Yuba County Municipal Code Art. 7 Administrative Penalties

This Article is adopted pursuant to the authority vested in the County by Government Code § 53069.4.

(Prior Code, § 7.36.710; Ord. No. 1303)

In conjunction with an administrative abatement as set forth in Article 6, administrative penalties in the amounts set forth in Section 7.36.420 of Article 4 may be imposed.

(Prior Code, § 7.36.720; Ord. No. 1303)

The determination of administrative penalties imposed under this Article shall, in the first instance, be performed by the Enforcement Official. Such determination shall take into account the facts and circumstances of the violation, including, but not limited to, the length of time the violation has existed; the culpability of the person in violation or the willfulness of the violation; the extent of the violation and its effect on adjoining properties; and attempts, if any, to comply with the applicable ordinances. Under no circumstances shall penalties be applied on an ex post facto basis.

(Prior Code, § 7.36.730; Ord. No. 1303)

The Enforcement Official shall provide notice of any administrative penalty intended to be imposed in the notice and order for abatement described in Section 7.36.625(d).

(Prior Code, § 7.36.740; Ord. No. 1303)

(Prior Code, § 7.36.750; Ord. No. 1303; Ord. No. 1458)

(a) After hearing. Enforcement of the administrative penalty recommended by the Enforcement Official in those cases in which a hearing is held pursuant to Article 6 shall be by written order issued by the Administrative Law Judge pursuant to Section 7.36.640, Subsection (b). The decision of the Administrative Law Judge shall confirm, amend or reject the administrative penalty determined by the Enforcement Official. In this circumstance, the Administrative Law Judge is vested with sole discretion to determine the amount of administrative penalties to be imposed pursuant to Section 7.36.420.

(b) No hearing. Enforcement of the administrative penalty recommended by the Enforcement Official in those cases in which no hearing is held pursuant to Article 6 shall be determined by the Board of Supervisors at the accounting hearing held pursuant to Section 7.36.660. In this circumstance, the Board of Supervisors is vested with sole discretion to determine the amount of administrative penalties to be imposed pursuant to Section 7.36.420.

(c) Factors to consider. In reaching a decision concerning any administrative penalty, the Administrative Law Judge or the Board of Supervisors, as the case may be, shall be guided by factors including, but not limited to: the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.

(Prior Code, § 7.36.760; Ord. No. 1303; Ord. No. 1458)

(a) The charges imposed by this Article shall not apply if the owner establishes that, at the time he or she acquired the property, (1) a violation of this Code existed on the property, and (2) the owner did not have actual or constructive notice of the existence of the violation. An owner has constructive notice of the existence of a violation if the owner has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact, and if by prosecuting such inquiry, the person might have learned that a violation existed on the property.

(b) The charges imposed by this Article shall not apply if the owner establishes that (1) within the time parameters addressed in Section 7.36.615 or set forth in the notice and order to abate, the owner removed from the property the use or structure which constituted the violation, and (2) the owner had not previously been mailed a notice to abate a violation with regard to the same Code section, regardless of the parcel on which such violation occurred.

(Prior Code, § 7.36.770; Ord. No. 1303)

The manner of contesting the final order of the Administrative Law Judge or the Board of Supervisors concerning any hearing which relates only to the imposition of an Administrative Penalty is governed by Government Code § 53069.4, or any successor provision thereto, which requires any civil action to be filed within 20 days after service of the final Administrative Order or decision of the Board of Supervisors. Service of the notice of appeal as authorized by Government Code § 53069.4 upon the County shall be accomplished by presentation or delivery to the Clerk of the Board of Supervisors.

(Prior Code, § 7.36.780; Ord. No. 1303; Ord. No. 1458)