Chapter 12.16
STREET NAMES AND BUILDING NUMBERS
Sections:
12.16.010 Assignment of street names and building numbers.
12.16.030 Violation, public nuisance and abatement costs.
12.16.010 Assignment of street names and building numbers.
(A) As part of the land use permitting process of the County, or upon the written recommendation of a public safety agency, or in any instance where the Director of Emergency Services determines that public safety is at issue, the Director of Emergency Services or designee may assign a name to each road, street, or access route, and a number to each building within the unincorporated area of the County. This authority applies to both public and private roads, streets and access routes.
(B) If the Director of Emergency Services or designee determines that an existing number assigned to a building does not conform to an established pattern with adjacent buildings or within the neighborhood, and such nonconformity constitutes a threat to public safety or contributes to a delay in response by emergency services, then the Director of Emergency Services may order that a new number be assigned to said building.
(C) If the Director of Emergency Services or designee determines that an existing name assigned to a road, street or access route creates confusion constituting a threat to public safety or contributes to a delay in response by emergency services, the Director of Emergency Services or designee may order that a new name be assigned to said road, street or access route.
(D) If the Director of Emergency Services or designee determines that an unnamed road, driveway or access route provides access to three or more habitable structures and constitutes a threat to public safety, the Director of Emergency Services or designee may order that a new name be assigned to said unnamed road, driveway or access route and the numbers be assigned to each habitable structure.
(E) An order by the Director of Emergency Services or designee pursuant to this chapter shall be in writing and shall be served by first class mail on the property owner whose property address or building number will be changed or given anew. Each order issued by the Director of Emergency Services or designee pursuant to this section shall be accompanied by a written notice of right to appeal.
(F) The order of the Director of Emergency Services or designee shall be appealable in accordance with appeal procedures contained in this chapter. [Ord. 5145 § 1, 2013; Ord. 4813 § 1, 2006; Ord. 4611 § 1, 2001; Ord. 3948 § 1, 1988; Ord. 2800, 1979; Ord. 2548, 1978].
12.16.020 Appeal procedures.
(A) Appealable Decisions. An order issued by the Director of Emergency Services or designee pursuant to this chapter may be appealed by the property owner who was served with the order. The appeal shall be heard by an administrative hearing officer.
(B) Initiating Appeal. Any owner of developed real property who was served with an order issued pursuant to this chapter may submit an appeal by filing a written notice of appeal with the Director of Emergency Services or designee within 14 calendar days of service of said order. The notice of appeal shall state the order appealed from, the identity and mailing address of the appellant(s), and the specific reason(s) for the appeal. The appeal shall be accompanied by the filing fee established by resolution of the Board of Supervisors.
(C) Stay of Order. The filing of a properly completed notice of appeal shall have the effect of staying the order until final action on the appeal takes place.
(D) Hearing of Appeal.
(1) The matter shall be set for hearing and held within 60 days of the filing of the notice of appeal. No more than one continuance may be granted, unless good cause is shown. Written notice of the time and place set for the hearing shall be served on the appellant(s) by first class mail to the mailing address shown on the notice of appeal at least five calendar days prior to the date set for hearing. The parties shall exchange all records related to the appeal upon which they intend to rely and provide them to the hearing officer at least three business days prior to the hearing.
(2) At the appeal hearing, the Director of Emergency Services or designee shall first present evidence in support of the order. The appellant(s) shall next present evidence in support of the reason(s) specified in the notice of appeal. Each party shall have an opportunity to rebut the evidence presented by the other. The hearing shall be de novo in all respects.
(E) Decision. Upon hearing the appeal, the hearing officer may issue a decision affirming, modifying or vacating the order. The decision shall be in writing and shall be served upon the appellant(s) by first class mail. The decision of the hearing officer shall be final. All decisions shall include the notice of appeal rights as set forth in subsection (G) of this section.
(F) Time for Decision. The hearing officer shall have the power to continue any hearing and may, in his/her discretion, take appeals under submission for later decision. The hearing officer shall render a decision not later than the thirtieth calendar day following the date the matter was taken under submission, and forthwith notify the interested parties as previously set forth.
(G) Appeal of Decision. The decision of the hearing officer is subject to judicial review under the provisions of Code of Civil Procedure Section 1094.5. Under the provisions of Code of Civil Procedure Section 1094.6, any petition for judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final. The date the decision becomes final is its effective date as stated in the decision.
(H) Court Action—Time Limit. Any court action or proceeding to attack, review, set aside, void or annul any decision made under this chapter, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within the time period set forth in SCCC 1.04.170. Thereafter, all persons are barred from maintaining any such action or proceeding, or asserting any defense of invalidity or unreasonableness of the hearing officer’s decision, proceedings, acts or determination. [Ord. 5145 § 2, 2013; Ord. 4813 § 2, 2006; Ord. 4611 § 1, 2001].
12.16.030 Violation, public nuisance and abatement costs.
In addition to the effects of violation enumerated in Article 3 of the Uniform Fire Code, any violation of the fire code shall be deemed a public nuisance pursuant to SCCC 1.12.050 and/or the fire district’s code. In the event that a public nuisance is not abated in accordance with the order of the Director of Emergency Services or designee, or the order of the hearing officer, if any, the Director of Emergency Services may, upon securing approval of the Board of Supervisors, proceed to abate the nuisance by force account, contract, or any other method deemed most expedient by the Board. The cost of such abatement may be charged to the record owner, or assessed to the property in a manner provided in SCCC 1.14.040 through 1.14.080. [Ord. 5145 § 3, 2013; Ord. 4611 § 1, 2001].
12.16.040 Violation—Penalty.
Unless otherwise provided, it is unlawful for any person, firm or corporation to violate any of the provisions of the code adopted in this chapter, or to fail to comply with any order made thereunder, or any certificate or permit issued thereunder, or to fail to comply with an order issued pursuant to this chapter, or to fail to comply with an order of the court of competent jurisdiction within the time fixed therein. Every such violation or noncompliance shall be deemed an infraction or misdemeanor, in accordance with Chapter 1.12 SCCC. [Ord. 5145 § 4, 2013; Ord. 4611 § 1, 2001].
12.16.050 Enforcement.
The Director of Emergency Services or designee, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, is authorized to arrest a person without a warrant whenever they have reasonable cause to believe that the person has committed an infraction or a misdemeanor in their presence which is a violation of any of the provisions of this chapter. Upon making such an arrest, the Director of Emergency Services or designee shall prepare a citation and release the person pursuant to Section 853.6 of the Penal Code of the State of California, the provisions of which are hereby adopted by reference as part of this section. [Ord. 5145 § 5, 2013; Ord. 4611 § 1, 2001].