Chapter 2.06
CODE ENFORCEMENT
Sections:
2.06.010 Establishment of division.
2.06.030 Duties of affected departments.
2.06.060 Powers and duties of code enforcement officers.
2.06.070 Authority of code enforcement officers.
2.06.080 Recording of notices of violations.
2.06.090 Administrative abatement of violation.
2.06.100 Administrative abatement of violations.
2.06.110 Misdemeanors--Infractions--Fines.
2.06.130 Follow-up inspections.
2.06.010 Establishment of division.
There is established within the land use agency a code enforcement division. (Ord. 1474 §2(part), 1999).
2.06.020 Definitions.
For purposes of this chapter the following words and phrases shall have these meanings: “Affected department” means whichever of the county departments has the responsibility to administer or enforce the applicable provisions of state law or this code; and “Code enforcement officer” means any employee with enforcement duties assigned to the code enforcement division; and
“Hearing board” means the hearing board to which the board of supervisors has delegated the duty to conduct hearings on factual issues relating to abatement of nuisances and code enforcement. The hearing board shall be composed of the chair of the board of supervisors or his/her designee who shall be a member of the board of supervisors, the county sheriff or designee, and a department head outside of the affected department designated by the board of supervisors; and
“Person” means an individual, entity, association, corporation or partnership; and
“Premises” means any parcel or parcels of real property, and/or any buildings, structures or other improvements situated thereon where any violation is alleged to have occurred. The premises may include public property to which a violator has access; and
“Violation” means any person’s erecting, constructing, grading, enlarging, altering, repairing, moving, improving, converting, possessing, demolishing, equipping, using, occupying or maintaining any building, structure, or premises in the unincorporated area of Amador County, or causing or permitting the same to be done, contrary to or in violation of any of the provisions of state law or this code. A violation shall be deemed a separate offense for each day the violation is committed, continued, or permitted. Any such violation is hereby declared to be a public nuisance; and
“Violator” means any person who has committed or is alleged to have committed a violation of any of the provisions of state law or this code. (Ord. 1474 §2(part), 1999).
2.06.030 Duties of affected departments.
Each affected department shall be responsible for the initial contact and identification of persons who are suspected to have committed a violation within the jurisdiction of the affected department. (Ord. 1474 §2(part), 1999).
2.06.040 Initial warning.
When an affected department has reasonable cause to believe a violation has occurred, the affected department shall issue a written warning giving a suspected violator a reasonable time but not less than ten days to eliminate the violation, within which time the alleged violator may meet and confer with the affected department. In the event of noncompliance with the first warning, the affected department may issue further warnings to the violator or transmit the matter to the code enforcement division for further action. (Ord. 1474 §2(part), 1999).
2.06.050 Content of warning.
Any warning given to an alleged violator shall expressly state:
A. The state law or code section of which the violator is in violation; and
B. The specific action which the violator must take to eliminate the violation; and
C. That unless such violation is eliminated within a certain time, or a schedule of compliance has been agreed to with the affected department, the county may take any action against the violator authorized by law; and
D. The name and phone number of the affected department employee from whom information may be obtained; and
E. The warning may be served on a violator by certified mail (return receipt requested), first class mail, or personal service; and
F. If the violator maintains that the violation has been eliminated, the affected department issuing said warning shall inspect the property to determine whether the violation has been eliminated or continues; and
G. No warning need be given and a code enforcement officer may immediately take other action upon the request of an affected department when there is reasonable cause to believe that the violation constitutes an immediate threat to the health and safety of any person including that of the alleged violator or to any real property. (Ord. 1474 §2(part), 1999).
2.06.060 Powers and duties of code enforcement officers.
The code enforcement officer shall have the duty to enforce the provisions of the Amador County Code as well as state law. Each code enforcement officer is authorized to issue citations for violations and to take all other lawful measures to eliminate the violation. (Ord. 1474 §2(part), 1999).
2.06.070 Authority of code enforcement officers.
Upon receipt of any violation referred to the code enforcement division by an affected department, the code enforcement officer shall evaluate the case, and determine, in conjunction with the county counsel or the district attorney when appropriate, the proper means of eliminating the violation. This may include, without limitation:
A. Taking administrative action including the recording of a notice of violation (Section 2.06.080); and
B. Commencing an administrative abatement proceeding (Section 2.06.090); and
C. Filing and prosecuting a criminal case or issuing a citation (Section 2.06.110); and
D. Requesting that the board of supervisors authorize the filing of civil litigation to enjoin or abate the violation; or
E. Any combination of administrative action, citation, criminal prosecution, and/or civil litigation. After the code enforcement officer has accepted the case, the code enforcement officer and not the affected department shall have the responsibility to enforce the provisions of the state law or any ordinance which have been violated. (Ord. 1474 §2(part), 1999).
2.06.080 Recording of notices of violations.
The code enforcement officer shall provide notice of his/her intent to record a notice of violation (“notice of intent”) to all owners and possessors of the premises as said owners/possessors are shown on the most recent assessment roll. The notice of intent shall be given by posting a copy of the notice of intent in a conspicuous place on the premises and by mailing by first class mail a copy thereof to the owners at the address shown on the assessment roll and to the possessors at the premises.
A. Such notice of intent shall state that the code enforcement officer intends to record a notice of violation in the office of the county recorder thirty days from the date of the notice of intent and that the owner and possessor each has the right to a hearing before the hearing board on the issue of whether or not a violation exists. A request for such hearing must be made in writing by the owner or possessor and delivered to the code enforcement officer within fifteen days from the date of the notice of intent; and
B. The hearing by the hearing board need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing board may act only on the basis of evidence introduced at the hearing. A full and fair hearing shall be accorded the charge. There shall be reasonable opportunity for the presentation of evidence, the cross-examination of all witnesses, argument, and rebuttal; and
C. In the event a hearing is not requested within the time specified, or if after a hearing a determination is made by the hearing board that one or more violations exist on the property and that such violations have not been corrected, the code enforcement officer may record a notice of violation which:
1. Contains a description of the premises; and
2. States with particularity the violation(s) found to exist on the premises.
D. If the violation has been corrected satisfactorily to the affected department, the code enforcement officer shall issue a notice of expungement of the violation to the owner/possessor and record such expungement at the owner’s expense. (Ord. 1474 §2(part), 1999).
2.06.090 Administrative abatement of violation.
Pursuant to Government Code Section 25845 the board of supervisors establishes a procedure for the administrative abatement of violations. (Ord. 1474 §2(part), 1999).
2.06.100 Administrative abatement of violations.
Whenever the code enforcement officer has knowledge of a violation he/she may provide a notice of proposed abatement to all owners and/or possessors of the premises in the manner set forth in Section 2.06.080 A and B of this chapter.
A. Such notice of proposed abatement shall state that the code enforcement officer intends to abate the violation at the owner’s expense thirty days from the date of the notice and that the owner and possessor each has the right to a prior hearing before the hearing board on the issue of whether or not a violation exists on the premises. A request for such hearing must be made in writing by the owner or possessor and delivered to the code enforcement officer within fifteen days from the date of notice of proposed abatement; and
B. The hearing shall be conducted in the manner set forth in Section 2.06.080 C; and
C. In the event a hearing is not requested within the time specified, or if after a hearing a determination is made by the hearing board that one or more violations exist on the property and that such violations have not been corrected, the code enforcement officer shall transmit the hearing board’s recommendation to the board of supervisors; and
D. The board of supervisors may adopt the hearing board’s recommendation without further notice or hearing or may set aside the matter for hearing de novo before the board of supervisors; and
E. If the board of supervisors adopts the hearing board’s recommendation, the board of supervisors shall give notice thereof to the owner and possessor and proceed to abate the violation at the owner’s expense; and
F. If the board of supervisors sets the matter for a hearing de novo it shall provide notice thereof in accordance with the provisions of Section 2.06.080 A and B of this chapter and conduct the hearing pursuant to Section 2.06.080 C of this chapter; and
G. If the board of supervisors finds that the violation exists the board of supervisors shall order the violation to be abated by the owner at the owner’s expense. If the owner fails to obey the abatement order, the board of supervisors may abate the violation using county workers or by contract all at the expense of the owner; and
H. The owner shall be liable for all costs of abatement incurred by the county including but not limited to administrative and investigative costs and any and all costs incurred in the physical abatement of the violation; and
I. In any action, proceeding, or administrative proceeding to abate a violation the county or the alleged violator, whoever is the prevailing party, shall be entitled to the amount of reasonable attorney’s fees actually incurred in the action or proceeding; and
J. If the owner fails to pay the costs of the abatement upon demand by the county, the board of supervisors may order the costs of the assessment to be specially assessed against the premises. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment; and
K. If the board of supervisors specifically assesses the cost of abatement against the premises, the board also may cause a notice of abatement lien to be recorded. This notice of abatement lien shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the violation was ordered by the board of supervisors and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost. (Ord. 1474 §2(part), 1999).
2.06.110 Misdemeanor--Infractions--Fines.
The district attorney may charge any violator with a misdemeanor when the pertinent ordinance so states. Whenever any county ordinance provides that an act is a misdemeanor the violation of such ordinance may be charged as an infraction punishable by imposition of the following fines:
A. Upon a first conviction, a fine of one hundred dollars;
B. Upon a second conviction of violating the same chapter of this code within a twelve-month period, a fine of two hundred dollars;
C. Upon a third or subsequent conviction of violating the same chapter of this code within a twelve-month period, a fine of five hundred dollars. (Ord. 1474 §2(part), 1999).
2.06.120 Money Judgments.
Any judgment of conviction which imposes a fine shall become a money judgment as provided by Penal Code Section 1214. It shall be the responsibility of the code enforcement officer to determine if the fine imposed has been paid. In any case where any installment of the fine remains unpaid for more than thirty days after the due date, the code enforcement officer may record an abstract of the judgment in the office of the county recorder as provided by Code of Civil Procedure Sections 674 and 697.310. Upon notice of full payment of such a judgment, the code enforcement officer shall file and serve an acknowledgment of satisfaction of judgment as provided by Code of Civil Procedure Sections 724.030 and 724.040. (Ord. 1474 §2(part), 1999).
2.06.130 Follow-up inspections.
Following the conviction of any violator, the code enforcement officer shall make such follow-up inspections as are necessary to determine that the violation has been abated and may take such additional actions as are necessary to gain compliance with this code. (Ord. 1474 §2(part), 1999).
2.06.140 Remedies cumulative.
Nothing in this chapter shall prevent the county from pursuing any civil, criminal, or administrative remedy deemed necessary or appropriate to gain compliance with state law and this code. The provisions of this chapter are supplementary and complementary to other provisions of this code and state law and nothing herein shall be construed so as to bar or limit the county from seeking any remedy to which it may otherwise be entitled. (Ord. 1474 §2(part), 1999).