§ 410-080. ADMINISTRATIVE CIVIL PENALTIES

(a)

In addition to any other remedy available, any nuisance as described in this Chapter may be subject to an administrative penalty of up to one thousand ($1,000.00) dollars per day. The administrative penalty may be imposed via the administrative process set forth in this section, as provided in Government Code Section 53069.4, or may be imposed by the court if the violation requires court enforcement without an administrative process.

(b)

In the case of a continuing violation, if the violation does not create an immediate danger to health or safety, the Enforcing Officer or the court shall provide for a reasonable period of time, not to exceed five calendar days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of administrative penalties. When a Notice of Violation has been issued, the five day time period required by this section shall commence on the date of service of the Notice of Violation as set forth in Section 410-060(c)(2). The failure of any owner or Occupant to receive such notice shall not affect the commencement date of the five day time period.

(c)

Acts, omissions, or conditions in violation of this Chapter that continue, exist, or occur on more than one day constitute separate violations on each day. A daily administrative penalty shall be assessed as of the effective date set forth in the order of the Administrative Hearing Officer. The administrative penalty shall be assessed in 30-day increments and shall continue to accrue until such time as the owner and/or Occupant prove, to the satisfaction of the Enforcing Officer, that such conditions have been abated. Proof of abatement to the satisfaction of the Enforcing Officer shall operate as an affirmative defense to the imposition of any daily administrative penalty assessed after proof of abatement has been provided to the Enforcing Officer.

(d)

In determining the amount of the administrative penalty, the Enforcing Officer, or the court if the violation requires court enforcement without an administrative process, 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.

(e)

The Enforcing Officer may commence the administrative process by including a notice of proposed administrative penalty in the Notice of Violation issued in accordance with Section 410-060 of this Chapter. The notice of proposed administrative penalty shall set forth the amount of the proposed administrative penalty and the reasons therefore. The notice shall also inform the recipient that a hearing will be held before a hearing officer appointed in accordance with this Chapter and specify the date, time, and location of this hearing. The notice shall be served in the manner set forth in Section 410-060(c). The failure of any owner or Occupant to receive such notice shall not affect the validity of the proceedings. 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.

(f)

At the conclusion of the hearing, the Administrative Hearing Officer shall impose, modify, or disapprove, in whole or in part, by written order, the proposed penalty set forth in the notice. The order shall include findings relating to whether there exists any good cause as to why the proposed administrative penalty should be reduced or not imposed. The order shall also set forth an effective date of the administrative penalty ordered. 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 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. Payment of the first 30-day administrative penalty assessment shall be made to the county within 20 days of service of the order, unless the owner and/or Occupant has provided proof, to the satisfaction of the Enforcing Officer, that such conditions have been abated or the administrative penalty assessment has been timely appealed to the Superior Court in accordance with Government Code section 53069.4, subdivision (b). If the owner and/or Occupant has proven, to the satisfaction of the Enforcing Officer, that such conditions have been abated, payment of the prorated administrative penalty amount, as set forth in paragraph (C) above, shall be paid to the county within 20 days of service of the order. Payment of subsequent 30 day administrative penalty assessments shall be paid to the county within 20 days of service of each subsequent assessment. The Enforcing Officer shall serve, by overnight mail or overnight courier service, notice of any subsequent 30 day administrative civil penalty assessment to each individual upon whom the civil administrative penalty assessment has been imposed.

(g)

Interest shall accrue on all amounts due under this section, from the effective date of the administrative penalty order, as set forth in this section, to the date paid pursuant to the laws applicable to civil money judgments.

(h)

In addition to any other legal remedy, whenever the amount of any administrative penalty imposed pursuant to this Section has not been satisfied in full within 90 days and has not been timely appealed to the Superior Court in accordance with Government Code section 53069.4, subdivision (b), or if appealed, such appeal has been dismissed or denied, this obligation may be enforced as a lien against the real property on which the violation occurred.

(1)

The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure section 697.340, and may be extended as provided in Code of Civil Procedure sections 683.110 to 683.220, inclusive.

(2)

Interest shall accrue on the principal amount of the lien remaining unsatisfied pursuant to the law applicable to civil money judgments.

(3)

Prior to recording any such lien, the Enforcing Officer shall prepare and file with the Clerk of the Board of Supervisors a report stating the amounts due and owing. This report may be combined with the accounting prepared in accordance with Section 410-110 of this Chapter.

(4)

The Clerk of the Board of Supervisors will fix a time, date, and place for the Board of Supervisors to consider the report and any protests or objections to it. This hearing may be combined with the hearing set in accordance with Section 410-130 of this Chapter.

(5)

The Clerk of the Board of Supervisors shall serve the owner of the property with a hearing notice not less than ten calendar days before the hearing date. The notice must set forth the amount of the delinquent administrative penalty that is due. Notice must be delivered by first class mail, postage prepaid, addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known. Service by mail is effective on the date of mailing and failure of owner to actually receive notice does not affect its validity. This notice may be combined with any notice prepared in accordance with Section 410-120 of this Chapter.

(6)

Any person whose real property is subject to a lien pursuant to this Section may file a written protest with the Clerk of the Board of Supervisors and/or may protest orally at the Board of Supervisors meeting. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

(7)

At the conclusion of the hearing, the Board of Supervisors will adopt a resolution confirming, discharging, or modifying the lien amount. This resolution may be combined with any order made pursuant to Section 410-150 of this Chapter.

(8)

Within 30 days following the Board of Supervisors' adoption of a resolution imposing a lien, the Clerk of the Board of Supervisors will file same as a judgment lien in the Sutter County Recorder's Office.

(9)

Once the county receives full payment for outstanding principal, penalties, and costs, the Clerk of the Board of Supervisors will provide the owner with a notice of satisfaction for recordation at the Sutter County Recorder's Office. This notice of satisfaction will cancel the county's lien under this section.

(10)

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 county shall be entitled to its attorney's fees and costs.

(i)

Administrative penalties imposed pursuant to this section shall also constitute a personal obligation of each person who causes, permits, maintains, conducts or otherwise suffers or allows the nuisance to exist. In the event that administrative penalties are imposed pursuant to this section on two or more persons for the same violation, all such persons shall be jointly and severally liable for the full amount of the penalties imposed. In addition to any other remedy, the county may prosecute a civil action through the office of the County Counsel to collect any administrative penalty imposed pursuant to this section.

(j)

Payment of administrative penalties under this section does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the Notice of Violation. The payment of administrative penalties does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

(Ord. No. 1618, § 2, 3-22-2016)