§ 410-060. ENFORCEMENT

Whenever the Enforcing Officer determines that a public nuisance as described in this Chapter exists on any premises within the unincorporated area of Sutter County, he or she is authorized to issue a Notice of Violation in accordance with this section.

(a)

Inspection: When it is necessary to make an inspection to enforce the provisions of this Chapter, or when the Enforcing Officer has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of the sections of this Chapter, the Enforcing Officer may enter the building or premises at reasonable times to inspect or to perform duties imposed by this Chapter, provided that if such building or premises is occupied at the time of inspection, proper credentials shall be presented to the Occupant and entry shall be requested. If such building or premises is unoccupied, the Enforcing Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and shall request entry to the building or premises. If entry is refused, the Enforcing Officer shall have recourse to every remedy provided by law to secure entry.

(b)

Contents of Notice: The Notice of Violation shall:

(1)

Identify the owner(s) of the property upon which the nuisance exists, as named in the records of the County Assessor, and identify the Occupant(s), if other than the owner(s), and if known or reasonably identifiable.

(2)

Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property.

(3)

Identify such property by reference to the assessor's parcel number.

(4)

Contain a statement that unlawful marijuana cultivation exists on the premises and that it has been determined by the Enforcing Officer to be a public nuisance described in this Chapter.

(5)

Describe the nature of the violation as well as the amount of the proposed administrative penalty and the reasons therefore.

(6)

Notify the recipient(s) that they have five days within which to abate the condition or a hearing will be held before an Administrative Hearing Officer appointed in accordance with this Chapter to determine whether there is any good cause as to why these conditions should not be abated and the proposed administrative penalty should not be imposed. The notice shall specify the date, time, and location of this hearing, and shall state that the owner or Occupant will be given an opportunity at the hearing to present and elicit testimony and other evidence regarding:

a.

Whether the conditions existing on the property constitute a violation of this Chapter; and,

b.

Whether there exists any good cause as to why the proposed administrative penalty should be reduced or not imposed.

(7)

Contain a statement that, if the recipient(s) fails to abate the condition, the Enforcing Officer will abate the condition and all costs associated with the violation, including administrative costs incurred, shall be the responsibility of the recipient(s) and may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll.

(8)

Notify the recipient(s) that unless the recipient(s) abates the conditions prior to the scheduled hearing or shows good cause before the Administrative Hearing Officer as to why the proposed administrative penalty should be reduced or not imposed, the proposed administrative penalty shall be assessed and may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll. The notice shall also notify the recipient(s) that the daily administrative penalty shall be assessed in 30 day increments and shall continue to accrue until such time as the recipient(s) proves, to the satisfaction of the Enforcing Officer, that such conditions have been abated.

(9)

Notify the recipient(s) that failure of the person or persons to whom the notice was issued to appear and present evidence shall constitute a failure to exhaust administrative remedies.

(c)

Service of Notice:

(1)

The Enforcing Officer shall serve the Notice of Violation by posting a copy of the notice along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. If the property has a residence and the front door is accessible to the Enforcing Officer, one copy shall be posted on the front door. In no event shall fewer than two (2) copies of the Notice of Violation be posted on a property pursuant to this section. The Enforcing Officer shall also:

a.

Personally serve the owner and/or Occupant with a copy of the Notice of Violation; or

b.

Mail, by overnight mail or overnight courier service, a copy of the Notice of Violation to the Occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll; except that if the records of the County Assessor show that the ownership has changed since the last equalized assessment roll was completed, the Notice of Violation shall also be mailed to the new owner at his or her address as it appears in said records.

(2)

The date of service is deemed to be the date of deposit in the mail or personal delivery, as applicable. The failure of any owner or Occupant to receive such notice shall not affect the validity of the proceedings.

(d)

Administrative Hearing: Pursuant to Government Code sections 25845, subdivision (i), 27721 and 53069.4, the Administrative Hearing Officer shall hold an administrative hearing to determine whether the conditions existing on the property subject to the notice constitute a violation of this Chapter and whether there exists any good cause as to why the proposed administrative penalty should be reduced or not imposed. This hearing shall be held no less than five calendar days after service of the Notice of Violation.

(1)

The Notice of Violation and any supporting documents shall be admitted into evidence and the Administrative Hearing Officer shall begin the hearing by reviewing those documents and addressing any questions which he or she may have to the Enforcing Officer.

(2)

The owner or Occupant of the property shall then be given an opportunity at the hearing to present and elicit testimony and other evidence regarding whether the conditions existing on the property subject to the notice constitute a violation of this Chapter and whether there exists any good cause as to why the proposed administrative penalty should be reduced or not imposed.

(3)

In the event that the owner or Occupant does not appear and present evidence at the hearing, the Administrative Hearing Officer may base his or her decision solely upon the evidence submitted by the Enforcing Officer. Failure of the owner or Occupant to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

(4)

Any hearing conducted pursuant to this Chapter need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The Administrative Hearing Officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

(5)

A continuance of a hearing under this Chapter shall be granted only upon a showing of good cause and only if the requesting party has filed with the Board Clerk, at least two calendar days prior to the scheduled hearing, a written request for a continuance together with affidavits or declarations detailing specific facts showing that a continuance is necessary. The Board Clerk shall forward the request and the supporting documents to all parties and the Administrative Hearing Officer assigned to the matter. The Administrative Hearing Officer shall consider the request on the date of the hearing and shall make a determination as to whether good cause exists for the continuance. If good cause is found to exist, the Administrative Hearing Officer may grant a continuance not to exceed three business days and shall do so by issuing an order which shall be personally served on the owner(s) and/or Occupant(s) attending the hearing and shall be mailed, by overnight mail or overnight courier service, to any other parties upon whom the Notice of Violation was served. It shall also be personally served on the Enforcing Officer. If good cause is not found to exist, the request shall be denied and the hearing will proceed as scheduled.

(6)

The Administrative Hearing Officer shall consider the matter de novo, and shall affirm, reverse, or modify the determinations contained in the Notice of Violation and shall affirm, reverse, or modify the proposed administrative penalty contained in the Notice of Violation. In considering the imposition of an administrative penalty, the Administrative Hearing Officer shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and any other matters justice may require. If an administrative penalty is ordered, the order shall set forth an effective date of any such penalty. At the conclusion of the hearing, the Administrative Hearing Officer shall issue a written order, which shall include findings relating to: (a) whether the conditions existing on the property subject to the notice constitute a violation of this Chapter; and, (b) whether there exists any good cause as to why the proposed administrative penalty should be reduced or not imposed. The order shall be personally served on the owner(s) and/or Occupant(s) attending the hearing and shall be mailed, by overnight mail or overnight courier service, to any other parties upon whom the Notice of Violation was served. It shall also be personally served on the Enforcing Officer. The order shall be final and conclusive when signed by the Administrative Hearing Officer and service shall be deemed complete on the date of service unless the order is mailed, by overnight mail or overnight courier service, in which case, service shall be deemed complete one day after mailing.

The Board of Supervisors may, by resolution, establish a fee for hearings conducted under this section in accordance with all applicable legal requirements.

(e)

Abatement: If the owner or Occupant fails to abate any unlawful marijuana cultivation within three calendar days of the date of service of the order of the Administrative Hearing Officer, the Enforcing Officer may:

(1)

Enter upon the property and abate the nuisance by county personnel, or by private contractor under the direction of the Enforcing Officer; or

(2)

Apply to a court of competent jurisdiction for an inspection warrant and abatement order authorizing entry onto the premises for the purpose of locating, abating, seizing, transporting, and destroying marijuana which is being unlawfully cultivated on the premises.

If any part of the work is to be accomplished by private contract, that contract shall be prepared in accordance with Chapter 16 of the Sutter County Ordinance Code. Nothing herein shall be construed to require that any private contract under this Code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the State of California.

(f)

No person shall obstruct, impede or interfere with the Enforcing Officer or any other county employee, contractor or other authorized representative in the performance of code enforcement and nuisance abatement duties pursuant to this Chapter.

(Ord. No. 1618, § 2, 3-22-2016)