HomeMy WebLinkAboutMINUTES - 12172002 - C.27 . c7-7
ORDINANCE NO. 2042 - 47
(Administrative Penalties For Violations of Ordinance Code)
The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes
from the official text of the enacted or amended provisions of the County Ordinance Code):
SECTION I. SUMMARY. This ordinance repeals Chapter 14-12 of the County Ordinance Code
and replaces it with new Chapter 14-12 to provide for consistent application of administrative penalties.
SECTION 11. Chapter 14-12 of the County Ordinance Code is repealed in its entirety and is
replaced by new Chapter 14-12, added by Section III of this ordinance.
SECTION 111. Chapter 14-12 is added to the County Ordinance Code,to read:
14-12.002 Applicability and Authorization.
(a) This Chapter provides for administrative fines, enforcement, and collection remedies that the
County may pursue to address any violation of the following provisions of the Contra Costa
County Ordinance Code:
(1) Division 413 and Chapters 414-4, 414-6, 416-14,418-2, 418-6, 418-12, 420-2,
420-6, and 450-6 (environmental health regulations).
(2) Title 7 (building regulations).
(3) Title 8 (zoning regulations).
(b) Remedies under this Chapter are in addition to any other remedy allowed by this Code or
applicable law. The use of this Chapter is at the sole discretion of the Director.
(c) This Chapter is authorized by California Government Code section 53069.4. (Orris. 2002-47
§ 3, 2000-21 § 2.)
14-12.004 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) "Director"includes the following officials and their designees:
(1) Director of Health Services.
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(2) Director of Community Development.
(3) Director of Building Inspection (County Building Official).
(b) "Effective date"means the date by which a violation must be corrected, as specified in a Notice
of Violation.
(c) "Hearing Examiner"means the following officials:
(1) Director of Environmental Health.
(2) Director of Building Inspection.
(3) Zoning Administrator.
(d) "Owner"means the owner of property upon which a violation of this chapter exists,the
occupant of that property, or any other party responsible for the violation.
(e) "Service date"means the date a notice or decision is served in accordance with section 14-
12.018. (Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.006 Administrative Fines.
(a) The Director is authorized to determine whether a violation of this Code exists with respect to
any property.
(b) If the violation is a continuing violation pertaining to building,plumbing, electrical or other similar
structural or zoning issues, the Director may serve a Notice of Violation on the owner as
specified in section 14-12.018. The Notice of Violation will include all of the following
information:
(1) The date of the violation.
(2) The address or other description of the location where the violation occurred.
(3) The Code section(s)violated and a description of the violation.
(4) A description of how the violation can be corrected.
(5) A specified time period of at least 10 calendar days, beginning on the service date,
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within which the violation must be corrected.
(6) An advisement that the owner may be subject to an administrative fine under this
Chapter if the violation is not corrected by the effective date, and the amount of that
fine.
(c) The Director may impose an administrative fine on the owner if any of the following
occur:
(1) The violation is not a continuing violation pertaining to building,plumbing, electrical or
other similar structural or zoning issues.
(2) The continuing violation has not been corrected as specified in the Notice of Violation.
(3) The continuing violation was corrected as specified in the Notice of Violation but a
violation of the same Code section continues, exists or occurs within one year of the
effective date.
(d) The amount of the fine will be one hundred dollars ($100.00) for a first violation, two hundred
dollars ($200.00) for a second violation of the same Code section within one year, and five
hundred dollars ($500.00) for each additional violation of the same Code section within one
year. Acts, omissions, or conditions in violation of this Code that continue, exist, or occur on
more than one day constitute separate violations and offenses on each day. Violations
continuing, existing, or occurring on the service date, the effective date, and each day between
the service date and the effective date are separate violations.
(e) An administrative fine will be assessed by means of a Notice of Fine. The owner will be served
with the Notice of Fine as specified in section 14-12.018. The Notice of Fine will include all of
the following information:
(1) The date of the violation.
(2) The address or other description of the location where the violation occurred.
(3) The Code section(s) violated and a description of the violation.
(4) The amount of the fine.
(5) An advisement of the right to request a hearing before the Hearing Examiner contesting
the imposition of the fine. (Ords. 2002-47 § 3, 2000-21 § 2.)
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(f) The Director may require immediate abatement of a violation pursuant to section 14-6.406 of
this Code if the violation creates an immediate danger to the health and safety of persons or
property. (Ord. 2002-47 § 3.)
14-12.008 Appeals.
(a) Any person upon whom an administrative fine is imposed by the Director may appeal the fine
pursuant to the procedures set forth in this section. The appellant must file a written appeal with
the Director within 15 calendar days of the service date of the Notice of Fine. The written
appeal must contain:
(1) A brief statement setting forth the interest the appealing party has in the matter relating
to the imposition of the penalty, and
(2) A brief statement of the material facts that the appellant claims supports his or her
contention that no administrative penalty should be imposed or that an administrative
penalty of a different amount is warranted.
(b) Notice of the appeal hearing will be served as specified in section 14-12.018 and will set the
appeal hearing no sooner than 20 days and no later than 45 days following the service date of
the notice of appeal hearing.
(c) An appeal of an administrative fine imposed for violations of this Code will be heard by the
following Hearing Examiners:
(1) Director of Environmental Health for violations of Division 413 and Chapters 414-4,
414-6, 416-14, 418-2, 418-6, 418-12,420-2, 420-6, and 450-6.
(2) Director of Building Inspection for violations of Title 7.
(3) Zoning Administrator for violations of Title 8.
(d) At the hearing, the appellant will be given the opportunity to testify and to present evidence.
(e) After considering the testimony and evidence submitted at the hearing, or after the appellant has
failed to appear at the hearing,the Hearing Examiner will issue a written decision to uphold,
modify, or cancel the administrative fine and will list in the decision the reason or reasons for
that decision. The decision will be served as specified in section 14-12.018. (Ords. 2002-47
§ 3,2000-21 § 2.)
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14-12.010 Final Order. The imposition of the administrative fine becomes a final administrative order
at one of the following times:
(a) On the date the Notice of Fine is served, if the owner fails to file a written appeal to the
Director within the time specified.
(b) On the date of the written decision by the Hearing Examiner, if the owner files a written appeal
to the Director within the time specified. Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.012 Recording. The Director may record a copy of the Notice of Fine with the Contra Costa
County Recorder after the imposition of the administrative fine becomes a final administrative order. If
the Notice of Fine is recorded and the violation is subsequently corrected, the Director will record a
Notice of Correction. (Orris. 2002-47 § 3,2000-21 § 2.)
14-12.414 Payment of the Fine. The fine must be paid to the County within 30 days after the
imposition of the administrative fine becomes a final administrative order. Payment of fine under this
chapter does not excuse or discharge any continuation or repeated occurrence of the violation that is
the subject of the Notice of Fine. The payment of a fine does not bar the County from taking any other
enforcement action regarding a violation that is not corrected. (Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.016 Collection. If the fine is not paid within 30 days after the imposition of the fine becomes a
final administrative order, the County may collect the fine, the County's collection costs, and interest.
An administrative fine accrues interest at the same annual rate as any civil judgment, beginning on the
201h day after the fine becomes a final administrative order. The County may collect by using any
available legal means, including but not limited to the following:
(a) The County may file a civil action. If a civil action is commenced, the County is entitled to
recover all costs associated with the collection of the fine, including those costs set forth in
Code of Civil Procedure section 1033.5.
(b) The amount of any unpaid final administrative fine, plus interest,plus any other costs as
provided in this chapter, may be declared a lien on any real property owned by the owner
within the County against whom an administrative penalty has been imposed, as follows:
(1) Notice will be given to the owner before recordation of the lien, and will be served in
the same manner as a summons in the civil action pursuant to Code of Civil Procedure
section 415.10 et seq.;
(2) The lien attaches when the County records it with the County Recorder's office. The
lien will specify the amount of the lien, the date(s) of the code violations, the date of the
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final decision, the street address, legal description, and assessor's parcel number of the
parcel on which the lien is imposed, and the name and address of the record owner of
the parcel; and
(3) The lien will be collected at the same time and in the same manner as county taxes are
collected, and are subject to the same penalties and the same procedure and sale in
case of delinquency as provided for ordinary county taxes. All laws applicable to the
levy, collection, and enforcement of county taxes are applicable to the assessments,
except that if any real property to which a lien would attach has been transferred or
conveyed to a bona fide purchaser for value, or a lien of a bona fide encumbrancer for
value has been created and attaches on the property before the date on which the first
installment of taxes would become delinquent, then the lien that would otherwise
imposed shall not attach to the real property and the lien will be transferred to the
unsecured roll for collection.
(c) The County may withhold issuance of licenses, permits and other entitlements to an owner on
any project,property, or application of any kind whenever an administrative fine remains
unpaid.
(d) The County may take such other actions as are allowed for enforcement of civil judgment as
provided for pursuant to the Enforcement of Judgment Law, California Code of Civil Procedure
section 680.010 et seq. (Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.018 Service. All notices or decisions required to be served by this chapter will be served either
by the method specified in subsection (a)or by the method specified in subsection(b). The failure of a
person to receive a properly addressed service shall not affect the validity of the proceedings.
(a) Certified mail and posting. Certified mail will be addressed to the owner at the address shown
on the last equalized assessment roll or as otherwise known. Service is deemed completed
upon the deposit of the notice or decision,postage pre-paid, in the United States mail.
Simultaneously,the same notice or decision may be sent by regular mail. If a notice or decision
sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular
mail. Posting of the notice or decision will be conspicuously on or in front of the property. If
the property has no frontage, posting will be on the portion of the property nearest to a street,
highway, or road, or most likely to give actual notice to the owner.
(b) Personal service. Personal service is deemed complete on the date the notice or decision is
personally served. (Ords. 2002-47 § 3, 2000-21 § 2)
14-12.020 Judicial Review. A final administrative order may be appealed to the Superior Court of
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Contra Costa County in accordance with the provisions set forth in Government Code section
53069.4. (Ords. 2002-47 § 3, 2000-21 § 2.)
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and
within 15 days after passage shall be published once with the names of supervisors voting for or against
it in the Contra.Costa Times, a newspaper published in this County.
PASSED on e'Z ,by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER,
DESAULNIER, GLOVER and GIOIA
NOES: None
ABSENT: Nene
ABSTAIN. Nene
A
s
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors `$curd Chair
and County Administrator
By: [SEAL]
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