§ 19B-13. Administrative enforcement actions.

(a)

Administrative Enforcement Actions.

(1)

Whenever the LEA becomes aware that any act/omission constituting a violation of this chapter has occurred, the LEA may:

(i)

Issue an administrative order finding that a Person is responsible for a violation of this chapter and directing such responsible Person to pay an administrative penalty in the applicable amount set forth in subsection (c); and/or

(ii)

Issue an administrative order directing any responsible Person to undertake partial or comprehensive actions, so as to provide adequate protection of the public health, safety, welfare, the environment or natural resources, by abating a nuisance resulting from a violation of this chapter; and/or

(iii)

If, in the opinion of the LEA, the nuisance constitutes an immediate threat to public health or safety, summarily abate the nuisance; and/or

(iv)

Request that the District Attorney or County Counsel immediately seek relief as may be necessary or appropriate from a court of competent jurisdiction. Said court, upon finding that there is, or that the conditions complained of may present an endangerment to the safety, health, welfare, the environment or natural resources arising out of or resulting from such nuisance, in whole or in part, shall grant relief to abate the nuisance as is consistent with the relevant requirements of this chapter and the public interest, to secure adequate protection of the public health, safety, welfare, the environment or natural resources.

(2)

At his discretion, the LEA may both issue administrative order(s) and request that the District Attorney or County Counsel seek such relief as may be necessary or appropriate from a court of competent jurisdiction pursuant to this section.

(3)

Any such administrative orders shall be served by personal service, registered mail or certified mail with return receipt requested addressed to the Person subject to the order.

(4)

The administrative order(s) issued by the LEA pursuant to this section shall include a statement of the factual and legal grounds upon which the order is issued, a schedule for completion of specific actions ordered and specify the amount(s) of the administrative penalties applicable, both for violating this chapter and for failure to comply with specific actions ordered. Such order shall also specifically advise the Person(s) to whom it is issued of the right to contest the order and request a hearing as provided for in subsection (b). Such order shall also conspicuously advise the Person(s) to whom it is directed that failure to request the hearing within the time and in the manner provided in subsection (b) will result in the order becoming final and binding.

(5)

The administrative order issued by the LEA pursuant to this section shall become final and binding on the eighth (8 ^th ) day following service of the LEA's order, unless the person who has been named in the order files a timely objection which complies in all respects with the requirements of subsection (b).

(b)

Review of Administrative Enforcement Orders.

(1)

Administrative Review. Any Person who has been named in an order issued by the LEA pursuant to this chapter may file an objection to such an order. An objection must be in writing and filed with the LEA on or before the seventh (7 ^th ) day following service of the LEA's order. An objection must state both the legal and factual bases in support thereof, and must include at a minimum the requested modification(s), if any, of the order together with a summary of the issues, facts and legal authorities to be raised at the hearing. The time requirement for filing an objection shall be deemed jurisdictional and may not be waived. In the absence of a timely filed objection which complies fully with the requirements of this section, the findings of the LEA contained in the administrative order shall be deemed true and correct.

(2)

Upon timely receipt of an objection which complies with the requirements of this section, the LEA shall refer the matter to a Hearing Officer to conduct a hearing. The Hearing Officer shall be selected pursuant to the protocol set forth in that document entitled the "Butte County Administrative Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys currently under contract through the Program. Notice of the hearing shall be sent by first class mail postage prepaid to the Person(s) filing the request. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than seven (7) days from the date of the mailing, unless otherwise agreed to by the responsible party and the LEA).

(3)

Any administrative hearing conducted under this section need not be conducted according to technical rules relating to evidence and witnesses. 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 that might make improper the admission of the evidence over objection in civil actions. The 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.

(4)

The Hearing Officer shall issue a written decision which shall include findings to support the decision. Written notice of the decision shall be given by mail within seven (7) calendar days after the date of the decision to the person subject to the order and any person filing a written request for notice of the decision.

(5)

Judicial Review. Pursuant to section 1085 of the Code of Civil Procedure, any Person who has been named in an order issued by the LEA pursuant to this chapter may, following exhaustion of administrative remedies, seek judicial review of the order by filing a petition for writ of mandate within ninety (90) days after the order becomes final and binding pursuant to this chapter. Notwithstanding the provisions of sections 1094.5 or 1094.6 of the Code of Civil Procedure, any Person who contests a final administrative order issued under this chapter regarding the imposition, enforcement or collection of the administrative penalties imposed, may seek judicial review of the order by filing an appeal with the superior court within twenty (20) days after service of the order in accordance with section 53069.4 of the Government Code. Any other person who has the right to seek judicial review of the order by filing a petition for writ of mandate pursuant to section 1085 of the Code of Civil Procedure shall do so within one hundred eighty (180) days after the order has become final and binding pursuant to this chapter. The filing of a petition for writ of mandate to review the order shall not stay any action specified in the order.

(c)

Administrative Penalty for Violations.

(1)

Any Person who violates the provisions of this chapter is liable to the County for administrative penalties in the amount of up to one thousand dollars ($1,000.00), based upon the severity of the offense, for each violation set forth in the administrative order.

(2)

If a second violation of this chapter is caused by a responsible Person whom has already been determined to be liable of a violation of this chapter within one (1) year of the date of the first violation, the administrative penalty shall be up to two thousand dollars ($2,000.00), based upon the severity of the offense.

(3)

If a third or subsequent violation of this chapter is caused by the same responsible Person whom has already been determined to be liable of a violation of this chapter within one (1) year of the date of the first violation, the administrative penalty shall be up to five thousand dollars ($5,000.00), based upon the severity of the offense.

(4)

Liability under this chapter may be imposed in a civil action or liability may be imposed administratively pursuant to this section. Any such civil action may be joined with an action for any other remedy, including injunctive relief, available pursuant to State law or pursuant to this code. Nothing in this section in any way limits, conditions, or affects liability of any responsible party to the County for administrative failure to abate penalties, abatement action costs or for any other legal or equitable remedy.

(5)

Neither the imposition nor the payment of an administrative penalty for violating this chapter shall relieve the responsible Person from his or her obligation to abate any public nuisance resulting from the violation, nor shall it bar further enforcement action by the LEA or the District Attorney. Nothing in this section shall affect or modify in any way the obligations or liabilities of any person under any other provision of State, federal or local law, including common law, for damages, injury, loss or for liability for nuisance abatement and nuisance abatement costs incurred by the County which results from a nuisance in the County.

(d)

Administrative Penalty for Failure to Abate.

(1)

In addition to the costs of administrative enforcement set forth in this chapter, if a responsible Person fails to abate a public nuisance resulting from a first-time violation, in violation of any final order issued pursuant to this chapter, within three (3) days after the notice and order is served under subsection (b), the administrative penalty established by the order shall become effective. The administrative penalty shall be based on the severity of the offense, but shall not exceed one thousand dollars ($1,000.00).

(2)

The administrative penalty, or any portion thereof, for failure to abate a public nuisance resulting from a first-time violation which has become effective following the three (3) day corrective period may be waived by the Public Official in his sole discretion only if the responsible Person corrects the violation in accordance with all conditions established by the Public Official.

(3)

If a second violation of this chapter is caused by the same responsible Person within one (1) year of the first violation, and the same responsible party fails to abate a public nuisance resulting from the second violation within three (3) days, the administrative penalty shall be up to two thousand dollars ($2,000.00), based upon the severity of the offense.

(4)

If a third or subsequent violation of this Code is caused by the same responsible Person within one (1) year of the first violation, and the same responsible party fails to abate a public nuisance resulting from the third violation within three (3) days, the administrative penalty shall be up to five thousand dollars ($5,000.00), based upon the severity of the offense.

(5)

Neither the imposition nor the payment of an administrative penalty for violating this chapter in subsection (c) nor the payment of an administrative penalty for failure to abate a nuisance pursuant to this subsection shall relieve the responsible Person from his or her obligation to abate any public nuisance resulting from the violation, nor shall it bar further enforcement action by the LEA or the District Attorney.

(6)

Nothing in subsection (c) nor this subsection shall affect or modify in any way the obligations or liabilities of any person under any other provision of State, federal or local law, including common law, for damages, injury, loss or for liability for nuisance abatement and nuisance abatement costs incurred by the County which results from a nuisance in the County.

(Ord. No. 4078, § 1, 4-22-14)