HomeMy WebLinkAbout39441
Ordinance No. 3944
2 AN ORDINANCE ADDING BUTTE COUNTY CODE SECTION 2-22 OF ARTICLE III OF
CHAPTER 2, AMENDING SECTIONS 14-66 and 14-67 OF ARTICLE XII OF CHAPTER 14,
3 AMENDING SECTION 31-66 OF ARTICLE VI OF CHAPTER 31, AMENDING SECTION
32A-5 OF CHAPTER 32A, AMENDING SECTION 41-6.1 OF CHAPTER 41 AND
4 AMENDING SECTION 495 OF ARTICLE I OF CHAPTER 49, IN ORDER TO ESTABLISH
THE OFFICE OF COUNTY HEARING OFFICER, STANDARDIZE LANGUAGE
5 DESCRIBING THE COUNTY ADMINISTRATIVE HEARING PROGRAM AND AMEND
~ CERTAIN PROVISIONS OF THE NUISANCE ABATEMENT PROGRAM
7 The Board of Supervisors of the County of Butte ordains as follows:
8 Section 1. Section 2-22 of Article II I of Chapter 2 of the Butte County Code is hereby added
9 as follows:
10 2-22 Office of County Hearing Offrcer.
11 The Office of County Hearing Officer is hereby established pursuant to Government
12 Code section 27720. The duties of the Office of County Hearing Officer are to conduct
13 hearings pursuant to this Code. The Hearing Officer or OffZCers shall be selected
14 pursuant to the protocol set forth in that document entitled the "Butte County
15 Adnnistrative Hearing Off cer Program" as administered by the Chief Administrative
1 ~ Officer. The Program is based upon an alphabetical rotation through attorneys
17 currently under contract through the Program. The Hearing Officer or Officers shall be
1$ attorneys at law having been admitted to practice before the courts of this state far at
19 least five years prior to his or her appointment and shall have the authority to conduct
20 hearings; to issue subpoenas; to receive evidence; to administer oaths; to rule on
21 questions of law and the admissibility of evidence; and to prepare a record of any
22 proceedings pursuant to Government Code section 27721.
23 Section 2. Sections 14-66 and 14-67 of Article XI I of Chapter 14 of the Butte County Code
24 are amended to read as follows:
25 14-86 Hearing Request
26 {a) Upan written request by the owner of the vehicle or owner of the land on
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1 which the vehicle or parts thereof is located, received by the Director of
2 Development Services within ten (1 O) days after the mailing of the notice(s) of
3 intention to abate and remove, a public hearing shall be held on the question of
~- abatement and removal of the vehicle, or parts thereof, as an abandoned,
5 wrecked, dismantled or inoperative vehicle, and the assessment of the
6 Administrative Costs and the Abatemen# Costs, as defined in Butte County
7 Code Sec#ion 3-150, against the property on which it is located.
8 {b) If the owner of the land submits a sworn written statement denying
9 responsibility for the presence of the vehicle on hislher land within such ten
10 (10) day period, said statement shall be construed as a request for a hearing,
11 which does not require hislher presence. Notice of the hearing shall be mailed,
12 by registered or certified mail, at least ten (10) days before the hearing, to the
13 owner of the land and to the owner of the vehicle, unless the vehicle is in such
14 condition that identification numbers are not available to determine ownership.
15 If such a request for hearing is not received within said ten (10) days after
16 mailing of the notice of intention to abate and remove, the Director shall have
17 the authority to abate and remove the vehicle, or parts thereof, as a public
18 nuisance without holding a public hearing.
19 14-fi7 Administrative hearing procedure.
20 (a~ All hearings under this Article shall be held before a Hearing Officer
21 designated pursuant to the protocol set forth in that document entitled the
22 "Butte County Administrative Hearing Officer Program." The Program is based
23 upon an alphabetical rotation through attorneys currently under contract
2~4 through the Program. The Hearing Officer shall hear all facts and testimony
25 he/she deems pertinent. Such facts and testimony may include testimony on
26 the condition of the vehicle, or parts thereof, and the circumstances concerning
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1 its location on the private property or public property. The Hearing Offcer shall
2 not be limited to the technical rules of evidence. The owner of the land may
3 appear in person at the hearing, or present a sworn statement in time for
4 consideration at the hearing, and deny responsibility for the presence of the
5 vehicle on the land, with hislher reasons for such denial.
6 {b) The Hearing Officer may impose such conditions and take such other
7 action as he/she deems appropriate under the circumstances to carry out the
8 purpose of this Article. Helshe may delay the time for removal of the vehicle, or
9 parts thereof, if, in hislher opinion, the circumstances justify it. At the
10 conclusion of the public hearing, the Hearing Offcer may find that a vehicle, or
11 parts thereof, has been abandoned, wrecked, dismantled, or is inoperative on
12 private or public property and order the same removed from the property as a
13 public nuisance and disposed of as hereinafter provided, and determine the
14 Administrative Costs and the Abatement Costs, as defned in Butte County
15 Code Section 3-150, to be charged against the owner of the land. The order
lb requiring removal shall include a description of the vehicle, or parts thereof,
17 and the correct identifcation number and license number of the vehicle, if
18 available at the site.
19 (c) If it is determined at the hearing that the vehicle was placed on the land
20 without consent of the owner of the land, and that he/she has not subsequently
21 acquiesced in its presence, the Hearing Officer shall not assess Abatement
22 Costs and Administrative Costs against the property upon which the vehicle is
23 located, or otherwise attempt to collect such Costs from such owner of the
24 land.
25 (d) If the owner of the land submits a sworn written statement denying
26 responsibility for the presence of the vehicle on hislher land but does not
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1 appear, or if an interested party makes a written presentation to the Hearing
2 Officer but does not appear, he/she shall be notified in writing of the decision.
3 Section 3. Section 31-66 of Article VI of Chapter 31 of the Butte County Code is amended
4 to read as follows:
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31-fib Administrative review of notice of violation.
a. Any person upon whom a notice of violation has been served may request
an administrative review of the accuracy of the contents of the notice andlor
the propriety of any administrative penalty by fling a written notice of appeal
with the Solid Waste Manager no later than thirty (30) days after the date of
service of the notice of violation. The notice of appeal must include all facts
supporting the appeal and any statements and evidence, including copies of all
written documentation and a list of any witnesses, that the appellant wishes to
be considered in connection with the appeal.
b. The appeal shall be heard by a Hearing Officer designated 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. The Hearing
Officer shall conduct a hearing concerning the appeal within forty-five (45) days
from the date that the notice of appeal is filed, or on a later date if agreed upon
by the appellant and the county, and shall give the appellant ten (10) days prior
written notice of the date of the hearing. The Hearing Officer shall sus#ain,
rescind, or modify the notice of violation by written decision. The Hearing
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Officer shall have the powerto waive any portion of an administrative penalty in
a manner consistent with the decision. Service of the Hearing Officer's decision
shall be made on the appellant in the manner provided in Section 31-fi5(f) of
this article. The decision of the Hearing Officer is final and effective on the date
of service of the written decision, is not subject to further administrative review,
and constitutes the final administrative decision. If judicial review of the final
administrative decision is not sought in accordance with the provisions of
Section 31-67, the decision of the Hearing Officer shall be deemed confirmed
and the Solid Waste Manager may withhold approval of any and ail Diversion
Plans submitted by the responsible person on any project(s) until the
applicable administrative penalty has been paid, and the amount of any unpaid
administrative penalty may be declared a lien on any real property on which the
project took place, as provided in Section 31 ~68 of this article.
16 Section 4. Section 32A-5 of Chapter 32A of the Butte County Code is amended to read as
17 follows:
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32A-5 Procedure for abating public nuisances generally.
(a) Whenever the Director of Development Services determines that a public
nuisance exists he or she, or his or her designee, shad request in writing that
the public nuisance be abated within seventy-two (72) hours. [fthe condition(s)
continue beyond that seventy-two (72) hour period, the Director of
Development Services, or his or her designee, may set the matter for hearing.
If the matter is set for hearing, the Director of Development Services or his or
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her designee, shall post the property upon which the public nuisance exists
and shall mail, with a proof of service, notices to those persons known to be in
possession of the property, if any, and to persons shown on the latest County
tax roll to be the owners of the property at least ten (10) days prior to the
hearing, unless thirty {30) days or other notice is required by Health and Safety
Code section 17980 or other state law. Both the mailed and posted notice shall
be in substantially the following form:
NOTICE OF NUISANCE ABATEMENT HEARING
The owner{s) and occupant(s) of real property described on the latest
equalized Butte County tax roll as A.P. No_ and having a street
address of is (are) hereby notified to appear before a
Hearing Officer of the County of Butte at
on
20_, at the hour of o'clock m., to show cause, if
any there be, why the use of said real property should not be found to be a
public nuisance and abated pursuant to the Butte County Code. After hearing,
if a violation is found to exist, the cost of abating such violation, including, but
not limited to, the cost of the Hearing Officer, the cost of prior time and
expenses associated with bringing the matter to hearing, the cost associated
with any appeals from the decision of the Hearing Ofi=tcer, the cost of judicially
abating the violation, the cost of labor and material necessary to physically
abate the violation, and the cost of securing expert and other witnesses may
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become a lien against the subject property and may also be assessed against
the property in the same manner as taxes. If an abatement lien is recorded, it
will have the same force and effect as an abstract of judgment which is
recorded as a money judgment obtained in a court of law. If you fail to appear
at the hearing or if you fail to raise any defense or assert any relevant point at
the time of hearing, the County wilt assert, in later judicial proceedings to
enforce an order of abatement, that you have waived atl rights to assert such
defenses or such points.
In preparing for such hearing, you should be aware that if an initial showing is
made by the County, sufficient to persuade the Hearing Officer that a public
nuisance exists on your properly, you will then have the burden of proving that
no public nuisance exists on your property. Therefore, you should be prepared
to introduce oral and documentary evidence proving: why, in your opinion, your
use of the property is not a public nuisance as defined in the Butte County
Code. A copy of the Butte County Code Chapter relating to abatement
hearings is enclosed to assist you in the prepara#ion of your presentation.
If an initial showing sufficient to persuade the Hearing Officer that a public
nuisance exists on your property is made by the Code Enforcement Ofl•icer,
your failure to sustain the burden of showing that no public nuisance exists on
the property may result in an administrative decision ordering the abatement of
uses or conditions on your property which are found to be a public nuisance
and may also result in a later judicial order to the same effect.
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Further, if the Hearing Officer finds that a public nuisance exists on your
property and you fail to abate the nuisance promptly, the County may abate the
nuisance_ If the County abates the nuisance, you may be responsible for the
actual costs of the abatement, including the costs to the County of the
administrative hearing, and such costs may be specially assessed against your
parcel by the Auditor-Controller's Office and added to the your tax bill as a
special assessment. Such special assessments have the same priority, for
collection purposes, as other county taxes and, if not paid, may result in a
forced sale of your property_
Finally, if the Hearing Officer finds that a public nuisance exists on your
property, a violation of the Butte County Code, the County will contend that you
are bound by such finding at any subsequent judicial action to enforce the
Hearing Officer's order.
IMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO APPEAR
AND RESPOND AT THE TIME SET FORTH IN THIS NOTICE WILL LIKELY
RESULT IN ADM[NISTRATIVE AND/OR JUDICIAL ABATEMENT AND
TERMINATION OF USES OF OR CONDITIONS ON YOUR PROPERTY
WHICH THE DIRECTOR OF DEVELOPMENT SERVICES CONTENDS ARE
IN VIOLATION OF THE BUTTE COUNTY CODE.
Dated:
BUTTE COUNTY DIRECTOR OF DEVELOPMENT SERVICES
By:
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Enclosure: Butte County Code Chapter 32A
(b) All hearings conducted under this Chapter shall be held before a Hearing
Officer designated pursuant to the protocol set forth in that document enti#led
the "Butte County Administrative Hearing Officer Program" The Program is
based upon an alphabetical rotation through attorneys currently under contract
through the Program.
(c) At the time and place set for the hearing, the Hearing Officer shall review
the Director of Development Services' decision ordering cessation of the
alleged public nuisance to determine whether such decision conforms to law
and is supported by substantial evidence. The Hearing Officer shalt hear
testimony and receive written andlor documentary evidence relating to the
alleged violation. Additional procedural rules may be adopted by resolution of
the Board of Supervisors. The Hearing Officer shall tape record the hearing or
engage the services of a certified court reporter to record the hearing and shall
preserve the record of the hearing and all photographs and demonstrative and
documentary evidence introduced at the time of the hearing for a period of
three (3) years.
(d) Within thirty {30) days after the hearing is closed, the Hearing Officer shall
render his or her written decision relating to the existence or nonexistence of
the alleged public nuisance. If a violation is found to exist, the decision shall
include a statement of the Abatement and Administrative Costs incurred by the
County or estimated costs to abate the violation and shall also order that the
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owner of the property, or persons known to be in possession of the property,
abate the violation within a reasonable time, not to exceed thirty (30) days.
The decision shall contain findings of fact and conclusions of law. A copy ofthe
decision shall be mailed by certified mail, return receipt requested, to the
person or persons shown on the last County tax roll to be the owners of the
property which is the subject of the hearing and the occupant of such parcel, if
any. All other persons noticed pursuant to this section 32A-~5 shall be mailed a
copy of the decision by first class mail, postage prepaid.
(e) The decision of the Hearing Officer shall be final on the date the certified
mail set forth in subsection (d), above, is deposited in the mail. The Hearing
Officer shall notify the Clerk of the Board of Supervisors of his or her decision,
the date upon which the decision became final and the last date upon which an
appeal may be made. If the Board of Supervisors does not receive an appeal
within twelve (12) days of the date the Hearing Officer's decision becomes
final, the Board shall be deemed to have ratified and adopted the Hearing
Officer's decision. If it is the decision of the Hearing Officer that a public
nuisance exists, the owner of the property shall be responsible for paying all of
the County's Abatement Costs and Administrative Costs, including but not
limited to, those cost items set forth in the notice required by subsection (a)
above.
(f} Within the twelve (12) day period referred to in subsection (e), above, the
owner or occupant of the property, the Director of Development Services, or
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any other interested person may appeal the decision of the Hearing Officer to
the Board of Supervisors of the County of Butte if such individual or entity does
all of the following:
(1) Delivers a written appeal to the Clerk of the Board of Supen-isars within the
twelve {12} day appeal period; and
(2) Delivers to the Clerk of the Board of Supervisors within the 12-day appeal
period the appeal fee in the sum of Fifty {$50.D0) Dollars.
(g} Within fifteen (15) days of being notified by the Clerk of the Board of
Supervisors, the appellant shall deposit with the Clerk of the Board an amount
of money equal to the estimated cost of transcribing the oral proceedings
before the Hearing Officer and the cost of duplicating seven copies of the
administrative record, including all exhibits introduced at the hearing. The
appellant shall be responsible for the cost of the appeal and record; provided,
however, if the Board upholds the appeal and finds that no violation exists,
then the costs of the appeal shall be borne by the County.
(h} In the event of an appeal to the Board of Supervisors, the Board shall
decide the appeal based solely on the administrative record and transcript of
the hearing- The Board shall review the record, transcript and evidence and
then adopt, reject or modify the decision of the Hearing Officer.
{i) In the event of an appeal to the Board of Supervisors, the Board shall decide
the appeal within ninety (90) days after receipt of the administrative record.
Notice of the Board's decision shall be mailed to the property owner, the
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1 Director of Development Services, the Hearing Officer and those persons
2 receiving notice pursuant to section 32A-5, above.
3 {j} Notwithstanding any other provisions of this Code, if a final decision of the
~' Hearing Officer or the Board of Supervisors finds that a violation exists and the
~ public nuisance is not voluntarily abated within the time prescribed, the Director
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of Development Services or his or her designee may abate the public nuisance
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S pursuant to a warrant issued by a court of competent jurisdiction. The owner of
9 the property shall be responsible for paying all of the County's Abatement
10 Costs and Administrative Costs, including but not limited to, those cost items
11 set forth in the notice required by subsection (a) above . The Director of
12 Development Services or his or her designee shall keep an accounting of the
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Abatement and Administrative Costs to perform each abatement. Upon
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IS completion of the abatement, the Director of Development Services or his or
16 her designee shall post the property and send a bill to the owner, and any
17 persons known to be in possession of the property, requesting payment of the
18 County's Abatement and Administrative Costs. The-bill shall also state that
19 failure to pay the Abatement and Administrative Costs within fifteen (15) days
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from service of the bill may result in the recording of a lien and the placement
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22 of a special assessment against the property.
23 if the County's Abatement and Administrative Costs are not paid within ffteen
24 (15) days from service of the bill, the Director of Development Services shall
2$ render an itemized report to the Clerk of the Board of Supervisors for submittal
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to the Board of Supervisors for hearing and consideration regarding the
proposed lien and special assessment. The report shall include the names
and addresses of the owner of record and any persons known to be in
possession of the property. The report sha[I also include the date the
abatement was ordered, the work performed, the date the abatement was
completed, a description of the property subject to the lien and special
assessment, and an itemized account of the County's Abatement and
Administrative Casts_ At least fifteen (15}days prior to said hearing, the Clerk
of the Board of Supervisors shall give notice, with an affidavit of service, of said
hearing to all persons named in the Director of Development Services' report
and the Director of Development Services or his or her designee shall post the
property with a copy of the notice. The notice shall describe the property by
assessor's parcel number and street number or other description sufficient to
enable identification of the property and contain a statement of the amount of
the proposed lien and special assessment. The notice shall also contain a
statement that the Board will hear and consider objections and protests to the
proposed lien and special assessment at the designated time and place.
(k) At the time and place fixed in the notice, the Board of Supervisors shall
hear and consider the proposed lien and special assessment together with
objections and protests thereto. Atthe conclusion of the hearing, the Board of
Supervisors may make such modifications and revisions to the proposed lien
and special assessment as it deems just and may order that the proposed lien
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1 and special assessment be recorded by the Director of Development Services
2 and specially assessed against the property by the Auditor-Controller's Office.
3 The lien shall Dave the same force, priority and effect as a judgment lien and
4 the special assessment shall have the same priority as other County taxes.
5 {I) The notice of abatement lien shall, at a minimum, identify the record owner
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or possessor of the property, set forth the date upon which abatement of the
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8 nuisance was ordered or deemed ordered by the Board of Supervisors,
9 describe the real property subject to the lien, set forth the amount of the
10 Abatement Costs and Administrative Costs incurred to date and, if applicable,
11 the date upon which the abatement was completed. If the abatement has not
12 yet been completed, the notice shall so state and shall also indicate that the
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lien is a partial lien and that additional Abatement Costs will be incurred in the
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1b It is the intent of the Board of Supervisors that Abatement Costs and Administrative
17 Casts incurred after the filing of the notice of abatement lien relate back to the date
18 upon which the lien was recorded for purposes of priority; however, in order to
19 preserve its rights, after all Abatement Costs and Administrative Costs have been
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incurred and the abatement is complete, the Department of Development Services
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shall cause a supplemental notice of abatement lien to be recorded. The
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23 supplemental notice shall contain all of the information required for the original notice
24 and shall also refer to the recordation date and the recorder's document number of
25 the origins! notice.
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1 (m) The decision of the Hearing Officer or Board of Supervisors may be
2 recorded by the Director of Development Services. In the event of such
3 recordation and in the further event that the violation is corrected, a notice of
4 such correction shall be recorded. The Director of Development Services is
5 authorized to prepare and record a notice of correction. Correction of the
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violation shall not excuse the property owner's liability far casts incurred during
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$ the administrative abatement process {Abatement Casts and Administrative
9 Costs as defined in section 32A-7). If the property owner has not fully
10 compensated the County far costs incurred during the administrative
11 abatement process, a notice of correction shall not be recorded unless the fee
12 specified in section 41-9 has been paid. Payment of the fee specified in section
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41-9 does not excuse the property owner's liability for costs incurred during the
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15 administrative abatement process {Abatement Costs and Administrative Costs
16 as defned in section 32A-7).
17 (n) The County may, in its discretion, commence a judicial action to enjoin a
18 violation of Chapter 32A without the necessity of first going through the
19 administrative procedures set forth herein.
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Section 5. Section 41-fi.1 of Chapter 41 of the Butte County Code is amended to read as
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22 follows:
23 41-6.1 Notice of noncompliance.
(a) Warning of Noncompliance. If the affected department so elects, it may,
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25 instead of, or in addition ta, proceeding pursuant to section 41-2{b) through
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(e) above, issue a written warning of noncompliance.
{b} Content of Warning. The warning of noncompliance shall state:
{1) There is a noncompliance with a specified code sections} on the
identified property;
{2) Unless such noncompliance is corrected or abated within a specified time of
not less than twenty (20} days, a notice of noncompliance will be recorded in
accordance with section 41-6.1;
(3) If a notice of noncompliance is recorded, a notice of compliance may
subsequently be recorded after the noncompliance has been corrected or abated
pursuant #o section 41-6.1(k), upon payment of the required fee;
(4) If a notice of noncompliance is recorded, county permits, licenses or other
entitlements involving the premises shall not be issued or approved, except as
necessary to correct or abate the noncompliance, pursuant to section 41-10;
(5} The owner(s) may request an administrative hearing prior to recordation of a
notice of noncompliance pursuant to subsection (d) below;
(6) The name and phone number of the departmental employee from whom further
information may be obtained.
{c) Service. Any warning notice of noncompliance issued hereunder shall be
personally served on the owner{s) or mailed by frst class mail in a sealed
envelope with postage thereon fully prepaid and addressed to the owners} at his
or her last known address.
(d) Request for hearing. The owner(s) may request an administrative
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hearing prior to recordation of a notice of noncompliance by mailing or
delivering a written request therefor to the director of development services.
Such request must be identified as a request for administrative hearing re
warning of noncompliance, must include the assessor parcel number of the
parcel affected, and must be received within twenty (2Q) days from the date
of personal service or mailing of the warning of noncompliance. If a request
for administrative hearing is timely received, no notice of noncompliance
shall be recorded unless and until so ordered by the Hearing OfFcer after
conclusion of the hearing.
(e) Failure to Request Hearing. If no request for administrative hearing is received
within said twenty (20} day period, a notice of noncompliance may be recorded by
the affected department.
(f} Appeals; Setting and Holding Hearing_ Appeals shall be held before a
Hearing Officer designated 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_ Upon receipt of a
request for administrative hearing, the director of development services
shall: notify the Hearing Officer; set a date and time for the hearing to be
held; and, not less than twenty {20) days prior to the hearing, notify the
owner(s) and the affected department of the time, date, and place of the
hearing. Such hearing shall be held within a reasonable time.
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(g) Hearing Procedure; Order. At the hearing the parties may be
represented by counsel and may present pertinent evidence and argument.
The technical rules of evidence shall not be applicable to the hearing. The
decisions and orders of the Hearing Officer must be based upon a
preponderance of the evidence. If the Hearing Officer determines that there
is a noncompliance with the Butte County Code as alleged in the warning of
noncompliance, the Hearing Officer shall order that a notice of
noncompliance be recorded by the affected department within ten (10) days
from the date of decision. If the Hearing Officer determines that there is no
such violation, the Hearing Officer shall order that no notice of
noncompliance be recorded. The Hearing Offcer is not authorized to make
any other orders. The Hearing Officer shall issue his or her decision in
writing, within ten {10} days from the conclusion of the hearing, based solely
upon the evidence in the hearing record. The decision of the Hearing Officer
shall be final.
(h} Content of notice of noncompliance. If a notice of noncompliance is
recorded pursuant to subsection (e) or (g) above, such notice shall include
the following information, as applicable: the assessor parcel number of the
premises; the legal description of the premises; a description of the
noncompliance; the action necessary to correct or abate the
noncompliance; the date of the noncompliance; the date of the personal
service or mailing of the warning notice of noncompliance; notice that
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1 county permits, licenses or other entitlements involving the premises shall
2 not be issued or approved, except as necessary to correct or abate the
3 noncompliance, pursuant to section 41-10, and the date of issuance of the
~' decision of the Hearing Ofhcer.
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(i) Procedure Supplementary to Other Remedies. The remedy of recording a
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notice of noncompliance is supplementary and complementary to all other
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8 remedies in law or equity.
9 {j) Public Nuisance. Any noncompliance that continues after recordation of a
10 notice of noncompliance pursuant to this section is hereby declared to be a
11 public nuisance and may be abated in the manner prescribed by law.
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(k) Notice of Compliance. Upon all work to correct or abate the
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14 noncompliance being completed by the owners} and approved by the
15 affected department and payment by or on behalf of the owner{s) to the
1G County of Butte of the amount set forth in section 41-9 to defray the
17 county's costs of recording the notice of noncompliance, conducting follow
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up inspections and recording a notice of compliance pursuant to this
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subsection, the affected department shall submit a notice of compliance to
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21 the county recorder for recordation. Said notice of compliance shall
22 reference the related notice of noncompliance recorded pursuant to
23 subsection {e} or (g) above. (Ord. No. 3310, § 2, 12-17-96)
24 Section 6. Section 49-5 of Article I of Chapter 49 of the Butte County Code is amended
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49-5 Review of administrative enforcement orders.
a. Administrative Review. Any person who has been named in an order
issued by the Enforcement Officer pursuant to this chapter may fle an
objection to such an order. An objection must be in writing and filed with the
Enforcement Officer on or before the seventh (7th) day following service of
the Enforcement Officer'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 far fling an objection shall be deemed jurisdictional and may
not be waived. In the absence of a timely fled objection which complies fully
with the requirements of this Section, the findings of the Enforcement
Officer contained in the administrative order shall be deemed true and
correct.
b. Upon timely receipt of an objection which complies with the requirements
of this Section, the Enforcement Offcer 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 persons f ling the request. The notice shall state the date,
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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 Enforcement Officer).
c. 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.
d. Judicial Review. Pursuant to Section 1085 of the Code of Civi! Procedure,
any person who has been named in an order issued by the Enforcement
Officer 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 Section 1094.5
or 1094.Fi of the Code of Civil Procedure, any person who contests a final
administrative order issued under this Article 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
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1 one hundred eighty (180) days after the order has become final and binding
2 pursuant to this chapter. The
3 filing of a petition for writ of mandate to review the order shall not stay any action
4 specified in the order.
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Section 7. Severability. If any provision of this Ordinance or the application thereof to
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any person or circumstances is for any reason held to be invalid by a court of competent
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~ jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not
9 affect the remaining provisions or other applications of the Ordinance which can be given
10 effect without the invalid provision or application thereof.
11 Section S. Effective Date and Publication. This Ordinance shall take effect thirty (30}
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days after the date of its passage. The Clerk of the Board of Supervisors is authorized
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14 and directed to publish this ordinance before the expiration of fifteen (15} days after its
15 passage. This Ordinance shall be published once, with the names of the members of the
16 Board of Supervisors voting for and against it, in the Enterprise-Record, a newspaper of
1~ general circulation published in the County of Butte, State of California.
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1 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
2 State of California, on the 215 day of November 2006, by the following vote:
3 AYES: Supervisors Connelly, Dolan, Yamaguchi and Chair Josiassen
4 NOES: None
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ABSENT: None
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NOT VOTING: None
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~ RT J SIASSEN, Chair
q Bu ounty Board of Supervisors
10 ATTEST:
11 PAUL MCINTOSH, Chief Administrative Officer
12 and Clerk of the Board of Supervisors
13 ~ t.~ ~ w..
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fpm ~~,~x. ~~
By: .~,~Y
14 Deputy ~'~ ~ [' , ~~'
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