HomeMy WebLinkAboutMINUTES - 05022000 - C15-C16 TO: BOARD OF SUPERVISORS Contra
I=ROM: INTERNAL OPERATIONS COMMITTEE Costa
County
GATE: May 2, 20+001
SUBJECT: ADMINISTRATIVE PENALTIES FOR COUNTY CODE VIOLATIONS- •.j '� ,,•
ADOPTION OF ORDINANCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ADOPT ordinance, introduced on April 25, 2000, establishing administrative penalties for
County code violations.
2. DIRECT the Building Inspection and Community Development Department Directors to
establish a procedure for the administrative review of such administrative fines and penalties.
3. FIND that the ordinance adoption is not a project subject to CEQA pursuant to section
15061(b)(3) of the State and County CEQA Guidelines.
4. DIRECT the Building Inspection and Community Development Department Directors to
provide a status report to the Board of Supervisors each July on the impact of the
administrative penalty ordinance on achieving code compliance, and on costs incurred and
revenues generated by the process.
5. DIRECT the Building Inspection Director to review hourly staff rates and return to the Board,
if warranted, with a revised fee schedule to ensure full cost recovery.
6. DIRECT staff to file a Notice of Exemption with the County Clerk.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATI OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
LE B. U I LKEW< MARK DeSALJVNIER
ACTION OF BOARD ON APPROVE AS RECOMMENDED OTHER
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED �600_.
CONTACT. JULIE ENEA (925)335-1077 PHIL BATC ELOR,CLERK OF THE BOARD
cc: INTERNAL OPERATIONS COMMITTEE OF SUPERVISORS AND COUNTY
COUNTY ADMINISTRATOR ADMINISTRATOR
COMMUNITY DEVELOPMENT
BUILDING INSPECTION
COUNTY COUNSEL By DEPUTY
2
ADMINISTRATIVE PENALTY ORDINANCE MAY 2, 2000
ADOPT ORDINANCE PACE 2
FISCAL IMPACT:
None anticipated. Costs incurred to establish and operate the administrative hearing process for
appeals of administrative penalties will likely be recovered where administrative penalties are
collected.
BACKGROUND:
Government Code section 53009.4 allows counties to establish a process for imposing fines at the
administrative level for violations of county code. In this regard, County Counsel worked with the
Building Inspection and Community Development Departments to prepare the attached ordinance
to establish a process to impose such fines. The Internal Operations Committee reviewed the
proposed ordinance at its meeting on April 10, 20001 and commended it to the Board of Supervisors
on April 25, 2000 for consideration and adoption.
The administrative penalties allowed by the ordinance would apply only to building (building,
plumbing, electrical, mechanical, grading, housing) and zoning code violations, however,the Board
of Supervisors,by resolution, may expand the ordinance to include other departments/functions. The
amount of the penalties would be limited to the maximum amount that may be imposed for
infractions, and can be collected through the County tax roll and be placed as a lien on property.
The sanction of administrative penalties would provide an additional means to achieve compliance
with building and zoning codes. Revenues from administrative penalties would accrue to the County.
Community Development Department staff advises that the administrative penalty procedures have
no possibility of creating a significant effect on the environment. This can be seen with certainty
because the procedures involved provisions for administrative determinations and hearings only, and
cannot create any physical change in the environment.
ORDINANCE NO. 2000-21
(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): [Govt. C. § 25120]
SECTION L SLID A M This ordinance establishes an additional remedy to enforce County
Code building and zoning regulations by creating an administrative penalty system for Title 7
and Title 8 Code violations as allowed by Government Code section 53054.4
SE aT. .QN H. Chapter 14-12 is added to the County Ordinance Code,Division 14,to read:
14-12.002. Imposition of Administrative Penalties. In addition to any other remedy
allowed by this Code or applicable law,any violation of the Title 7 (building regulations)or Title
8(zoning regulations)of the Contra Costa County Ordinance Code shall be subject to an
administrative fine or penalty, enforcement and collection proceedings, as set forth in this
chapter(including referenced provisions appearing elsewhere in this code) and authorized by
California Government Code section 53059.4. For purposes of this Chapter, `Director"shall
include the Director of the Community Development Department, and the Director of the
Building Inspection Department("County Building Official"),their designees and any other
county officer so designated by resolution of the board of supervisors. Unless otherwise
specified, "owner"shall include the owner of property upon which a violation of this chapter
exists, the occupant of that property and any other party responsible for the violation. (Ord.
2000-21, § 2.)
14-12.004. Procedures. (a)The Director of the Building Inspection Department or his
or her designee shall be responsible for implementing the procedures set forth in this Chapter
with respect to violations of Title 7 of this Code. The Community Development Director or his
or her designee shall be responsible for implementing the procedures set forth in this Chapter
with respect to violations of Title 8 of this Code. The board of supervisors by resolution may
designate other county officers to have concurrent or sole similar authority for implementation.
(Ord. 2000-21, § 2.)
(b)If the Director determines,after the issuance of a notice.to comply,that a violation of
any provision of Title 7 or Title 8 of this Code still exists with respect to any property,the
ORDINANCE NO. 2000-21 1
Director may transmit a Notice of Violation to the owner and to a person in possession of the
property by certified mail and posting as set forth in section 14-6.412 or by personal service by a
county employee in the Director's department or by other public officer. The Notice of Violation
shall specify:
(1)The conditions on the property constituting violations of specified County
Ordinance Code sections;
(2)A specified time period not less than ten(10)days from receipt of the Notice
of Violation within which the violation must be corrected and abated;
(3)That, in the event the violation is not abated by the expiration of the specified
time period("effective date of the Notice of Violation'),the owner may be subject to an
administrative fine under this Chapter; and
(4)That the owner may submit in writing,to the Director, any information
relating to a determination of the existence of a violation or the amount of the fine to be imposed.
If the.Director determines that an effort is being made to correct the violation,he or she may
grant an additional period of time for correction of the violation.
(c)Notwithstanding(b), above,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. 2000-21, § 2.)
14-12.006. Amount of Fine—General, Any person who violates any provision of
Title 7 or Title 8 of this Code,or any person who owns property upon which such a violation
exists, irrespective of whether that person caused the violation, shall be subject to an
administrative fine up to the maximum amounts as set forth below. (Ord. 2000-21, § 2.)
14-12.008. Amount of Fine----Infraction. If this Code designates the violation as an
infraction,the Director may impose as the administrative fine up to the maximum fine or penalty
amounts for infractions set forth in subdivision(b)of California{government Code section
25132;the Director may impose the fine if the violation is not abated by the effective date of the
Notice of Violation. (Ord. 2000-21, § 2.)
14-12.010. Amount of Fine--•-Other. If this Code does not designate the violation as
an infraction,the Director may impose an administrative fine within the amounts set forth below:
(a)If the violation arises from an unlawful commercial, industrial,rental(residential or
non-residential), owner-occupied residential or similar use or structure on the property,the
Director, in his or her discretion, may impose a fine in one of the following sums:
(1) One hundred dollars ($100.00) for the date of transmittal of the Notice of
ORDINANCE NO. 2000-21 2
Violation, and up to one hundred dollars ($100.00) for each calendar day thereafter that the
violation exists on the property through the effective date of the Notice of Violation; or
(2) In the event that the use of a structure in violation may be permitted with an
appropriate permit,up to a maximum of five times the amount of the standard fee for such
permit.
(b)For any other violation,the Director in his or her discretion may impose a fine in one
of the following amounts:
(1)One hundred dollars($100.00) for the date of transmittal of the Notice of
Violation, and up to one hundred dollars ($100.00) for each calendar day thereafter that the
violation exists on the property through the effective date of the Notice of Violation;
(2)In the event that the use of a structure in violation may be permitted with an
appropriate permit,up to a maximum of five times the amount of the standard fee for the permit.
14-12.012. Determination of Fine; Notice of Determination of Fine; Recordation of
Notice.
(a) The Director shall determine fines in the first instance. In making the determination,
the Director shall take into account the facts and circumstances of the violation, including
without limitation:
(1) The length of time the violation existed;
(2) The culpability of the owner and the willfulness of the violation;
(3) The number of previous violations of the same or related type committed by
the owner within the preceding thirty-six(36)months;
(4)The extent of the violation and the effect of the violation on neighboring
properties:
(5)Attempts, if any,to comply with the applicable ordinances:
(6)The time necessary to abate the violation, and
(7)Any other information relevant to a determination of the fine.
In making a determination of the fine,the Director shall consider any information
submitted by the owner. In the event that the Director determines that the violation was not
caused by, or with the knowledge of, the current owner, the Director may reduce or eliminate the
ORDINANCE NO. 2000-21 3
fine. In the event the Director determines that the correction of the violation is not feasible, and
the violation does not present a threat to public health or safety,the Director may reduce or
eliminate the fine.
(b)After making a determination of the fine,the Director shall transmit a Notice of
Determination of Fine by certified mail or personal service by a public officer to the person upon
whom the fine has been imposed. The Notice of Determination of Fine shall contain a statement
that if the owner fails to request an appeal of the administrative fine within ten(10)days,the
Notice of Determination of Fine shall be final and that any responsible party upon whom an
administrative fine has been imposed may seek judicial review of the order imposing the penalty
pursuant to Government Code § 53069.4.
(c)The Director may,in his or her discretion,record a copy of the Notice of
Determination of Fine with the Contra Costa County Recorder. In the event of such recordation,
and in the event that the violation is subsequently corrected,the Director shall record a Notice of
Correction. Correction of the violation shall not excuse the owner's liability for costs incurred
during the administrative abatement process. (Ord 2000-21, § 2.)
14-12.014. Appeals. (a)Any person upon whom an administrative fine is imposed by
the Director may appeal such fine pursuant to the procedures set forth in this section. The
appellant must file a written appeal with the Director within ten working days of personal service
or the date of mailing of the Notice of Determination of Fine. The written appeal shall contain:
(1)A brief statement setting forth the interest the appealing party has in the matter
relating to the imposition of the penalty,
(2)A brief statement of the material facts which 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; and
(3)An address at which the appellant agrees notice of any additional proceedings
or an order relating to imposition of the administrative penalty may be received by fust class
mail.
(b)An appeal of an administrative fine imposed for violations Title 7 of this Code shall
be heard by the Director of the Building Inspection Department as the hearing examiner. An
appeal of an administrative fine imposed for violation of Title 8 of this Code shall be heard by
the Zoning Administrator as the hearing examiner. The administrative fine appeal hearing shall
be set no sooner than twenty(20)days and no later than forty-five(45)days following a request
for an appeal hearing. Notice of the appeal hearing shall be mailed at least twelve calendar days
before the date set for the hearing. Failure to appear timely will cause the administrative fine to
become a final order or decision.
ORDINANCE NO. 2000-21 4
(c)In reviewing the fine,the hearing examiner shall consider the factors set forth in
Section 14-12.012 above, and shall uphold the fine imposed by the Director or his or her
designee, eliminate the fine, or modify it. The decision of the hearing examiner shall constitute
the final administrative order or decision of the local agency within the meaning of Government
Code section 53069.4(b)(1) and(c). The hearing examiner shall serve a copy of his or her
written decision on the appellant by first class mail to the address provided by appellant in the
written notice of appeal. The hearing examiner's decision shall be deemed served within two
days after the date it was mailed to the address provided by the appellant. (Ord. 2000-21, § 2.)
14-12.016. Enforcement and Collection. When an administrative fine or penalty
becomes a final order under this section or Government Code section 53069.4,the County may
proceed to collect the fine or penalty as follows:
(a)In the event a civil action is commenced to collect the administrative penalty,the
County shall be entitled to recover all costs associated with the collection of the penalty. Costs
include,without limitation, staff time incurred in the collection of the penalty and those costs set
forth in Code of Civil Procedure section 1033.5.
(b)An administrative penalty shall accrue interest at the same annual rate as any civil
judgment. Interest shall accrue commencing on the 20"day after the penalty becomes a final
decision or order.
(c)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 shall be given to the owner before recordation of the lien, and shall 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 shall attach when the County records it with the County Recorder's
office. The lien shall specify the amount of the lien,the date(s)of the code violations,the date of
the 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 shall be collected at the same time and in the same manner as county
taxes are collected as set forth in section 14-6.436.
(d)The County may withhold issuance of licenses,permits and other entitlements to a
responsible party on any project,property, or application of any kind whenever an administrative
penalty remains unpaid.
(e)The County may take such other actions as are allowed for enforcement of a civil
ORDINANCE NO. 2000-21 5
judgment as provided for pursuant to the Enforcement of Judgment Law, California Code of
Civil Procedure section 680.010 et seq. (Ord. 2000-21, § 2.)
14-12.018. Judicial Review. Any person aggrieved by a final administrative order or
decision of the Director or the Zoning Administrator imposing an administrative fine may seek
review with the Superior Court in the County of Contra Costa pursuant to Government Code §
53069.4. (Ord. 2000-21, §2.)
F •T ON Ill, EFFECTM DATE, This ordinance becomes effective thirty(30)days after
passage, and within fifteen (15)days after passage shall be published once with the names of
supervisors voting for or against it in the r,,fra Cnsta.xi ,a newspaper published
in this County. (§§ 25123 &25124.)
PASSED on M%y 2. 2000 ,by the following:
AYES: Supervisors Gioia, Uilkema, DeSaulnier and Gerber
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Cleric of
Board and County Administrator
Deputy Board Chair
DJSIjh
1AJ0ANN\Wmir,pen.%Vd
ORDINANCE NO. 2000-21 6
ORDINANCE NO. 2000-19 {`-t• I
(Re-Zoning Land in the
Bay Point Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION 1: Page E-17 of the County's 1978 Zoning Map (Ord. No. 78-93) is
amended by re-zoning the land in the above area shown shaded on the map(s) attached
hereto and incorporated herein (see also Community Development Department pile No.
RZ993078 .)
FROM: Land Use District A-2 { General Agriculture
TO: Land Use District C { General Commercial }
and the Community Development Director shall change the Zoning Map accordingly,
pursuant to Ordinance Code Sec. 84.2.003.
a R•B
..+e....n.aANOR .
R-20 s '�
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d'
SECTION 11. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days of passage shall be published once with the names of supervisors
voting for and against it in the rnn ra Costa Tim , a newspaper
published in this County.
PASSED on 2. 000 by the following vote:
Supervisor Aye No Absent Abstain
1. J. Gioia (g) { } ( } ( )
2. G.B Uilkema (g) { } { ) { }
3. D. Gerber W { } { } { }
4. M. DeSaulnier {g) ( } ( } ( )
5. J. Canciamilla ( ) ( } { ) { )
ATTEST: Phil Batchelor, County Administrator
and Clerk of the Board of Supervisors
Chairmanof te Board
By • /'l � c v L— Dep (SEkW
ORDINANCE NO. 2000-19
RZ993078 CCTA/CCC-PWD