§ 13-121. Enforcement.

(a)

Violation—Public Nuisance. Any violation of this article, or the terms or conditions of any order or permit issued, or any mining operation which constitutes a Substantial Change to the applicable mining permit and/or mining use permit or results in a Substantial Deviation from the reclamation plan approved pursuant to this article, is unlawful and is declared to be a public nuisance which may be abated in the manner provided by law.

(b)

Violation—Noncompliance.

(1)

If the Director of Development Services preliminarily determines that an operator is operating without having a mining permit approved pursuant to this article and without having a right to do so pursuant to vested rights determined to exist pursuant to Section 13-113 of this article, the Director shall notify the operator by personal service or certified mail. If the operation continues and the operator fails to produce evidence within thirty (30) days that the operation is being conducted pursuant to and in compliance with a mining permit or vested rights, the Director of Development Services shall order the operator to cease operations immediately and apply for all necessary permits and approvals. An order issued pursuant to this subsection is effective immediately and is not appealable.

(2)

If the Director of Development Services determines, based upon an annual inspection pursuant to Section 2774 of the Public Resources Code, or otherwise confirmed by inspection of the mining operation, that a surface mining operation is not in compliance with the terms or conditions of any permit issued or reclamation plan approved pursuant to this article, and/or is not in compliance with the Act, the County, in conformance with Section 2774.1(a) of the Public Resources Code, shall notify the operator of that violation by personal service or certified mail. If the violation extends beyond thirty (30) days after the date of the County's notification, the Director of Development Services shall issue an order by personal service or certified mail requiring the operator to comply.

(3)

An order issued under Section 13-120(b)(2) of this article above shall not take effect until the operator has been provided a hearing before the Planning Commission concerning the alleged violation. Any such order shall specify which aspect of the surface mine's activities or operations are inconsistent with the Act, and/or with the terms or conditions of any permit issued or reclamation plan approved pursuant to this article, and/or Chapter 24 of this Code, as applicable, shall specify a time for compliance, and shall set a date for the hearing, which shall not be sooner than thirty (30) days after the date of the order. Notice of the hearing shall also be given in the same manner as specified in Government Code Section 65905. The Planning Commission, on the basis of evidence submitted at the hearing, and upon findings made based upon such evidence, shall determine whether or not such order issued under Section 13-120(b)(2) of this article shall take effect, be modified and reissued, or be rescinded. The Planning Commission may also suspend, revoke or modify the operator's mining permit, mining use permit and/or reclamation plan.

(4)

The determination of the Planning Commission shall be final unless a written appeal is filed in the same manner as provided for appeals of use permits in Chapter 24 of this Code.

(5)

Any operator who violates or fails to comply with an order issued under Section 13-320(b)(2) of this article and determined pursuant to Section 13-120(b)(3) of this article to take effect, shall, after the order's effective date, be subject to a further order or orders by the Board of Supervisors imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with this article. If imposition of an administrative penalty is placed on a Board of Supervisors meeting agenda for consideration, notice shall be personally served on or mailed to the operator by certified mail ten (10) days prior to the meeting date. The notice shall identify the alleged violations or failures to comply.

(6)

Any operator who fails to submit a report to the Director of the Department of Conservation and the Planning Division under Section 2207 of the Public Resources Code and Section 13-116(a) of this article shall be subject to an order by the Board of Supervisors imposing an administrative penalty of not more than five thousand dollars ($5,000.00) per day, assessed from the original date of noncompliance with this article and/or Section 2207 of the Public Resources Code. If imposition of an administrative penalty is placed on a Board of Supervisors meeting agenda for consideration, notice shall be personally served on or mailed to the operator by certified mail ten (10) days prior to the meeting date. The notice shall identify the report or reports that allegedly have not been submitted.

(7)

In determining the amount of the administrative penalties for subsections (4) and (5) above, the Board of Supervisors 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, including, but not limited to, the cost of county staff time relating to the violation or violations. The determination by the Board of Supervisors in the exercise of the authority granted herein shall be final.

(8)

Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal.

(9)

If an operator mines or continues to mine after the operator's Mining Permit and mining use permit, if any, has been suspended, the Director of Development Services shall give notice to the operator to commence and complete reclamation in accordance with the approved reclamation plan and shall commence proceedings to revoke the mining permit and use permit for mining, if any, in the same manner as specified in Section 13-121(b) of this article.

(Ord. No. 4035, § 2, 10-11-2011)