The purpose of this chapter is to establish alternate remedies for code enforcement officials to utilize in enforcing the provisions of this code. The remedies authorized in this chapter are cumulative to any other remedy provided for in this code or the laws of the state of California, or the United States of America, and the administrative fines and noncompliance fees authorized in this chapter may be imposed in addition to any other fine, penalty, fee, charge, notice of violation, or any other remedy provided for in this code or the laws of the state of California, or the United States of America, so long as the cumulative application of such available remedies would not violate any applicable law. (Ord. 2005-0013 § 1 (part), 2005.)

Whenever used in this chapter, the following words and phrases shall be defined as set forth in this section.
A. Department head. Head of the issuing department or his or her duly appointed designee.
B. Enforcement officer. Any county employee or agent of the county delegated with the power to enforce any provision of this code.
C. Correction period. The period of time specified in a notice of violation within which the responsible person(s) must correct or otherwise remedy a continuing violation, or be subject to the issuance of a notice of administrative fine.
D. Hearing officer. The person appointed by the department head to conduct the administrative hearings provided for in this chapter. The hearing officer shall not be the enforcement officer that issued the notice of administrative fine or the notice of noncompliance fee that is the subject of the administrative hearing or the immediate supervisor of that enforcement officer.
E. Issuing department. The county department that issues a notice of violation and that has authority and responsibility for enforcing the code section that is the subject of the notice of violation. For violations relating to graffiti offenses, a notice of violation may be issued by a peace officer or a probation officer on behalf of the issuing department.
F. Responsible person. A person responsible for, or alleged to be responsible for, a code violation. There may be more than one responsible person for a code violation. A responsible person may include any of the following:
1. A person who causes or materially contributes to the causation of the code violation;
2. A person who maintains or allows the code violation to continue by his or her action or inaction;
3. A person whose agent, employee, or independent contractor causes or materially contributes to the causation of the code violation;
4. For code violations pertaining to conditions of real property, a person who owns the real property, or any lessee or sublessee of the real property that has a current right to possess the real property; and,
5. An on-site manager of a business premises who is responsible for the activities at the premises.
For purposes of this section, the term “person” includes natural persons, corporations, unincorporated associations, estates, trusts, and any other legal entities, including the owners, majority stockholders, officers, general partners, joint venturers, members, executors, administrators, and trustees of any such legal entity. (Ord. 2008-0044 § 1, 2008; Ord. 2005-0013 § 1 (part), 2005.)

A. Whenever an enforcement officer determines that a violation of a provision of this code has occurred, the enforcement officer is authorized to issue a notice of violation to the responsible person(s).
B. Except as provided in subsection C, below, the notice of violation may specify a correction period, if, in the judgment of the enforcement officer, a correction period is warranted.
C. When the violation constitutes a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that does not, in the reasonable judgment of the enforcement officer, create an immediate danger to health or safety, the notice of violation shall specify a correction period of not less than 30 days.
D. The enforcement officer may, in his or her discretion, grant a reasonable extension of any correction period specified in a notice of violation, if, in his or her judgment, an extension is warranted. (Ord. 2005-0013 § 1 (part), 2005.)

A. Each violation of any provision of this code and each separate offense designated by this code shall be subject to an administrative fine, as provided for in this chapter.
B. The amount of the administrative fine shall be determined by the enforcement officer, based on the nature and extent of the violation and the particular circumstances of the responsible person(s), subject to the following limitations:
1. If this code designates the violation as an infraction, the amount of the administrative fine shall not exceed the maximum amount provided for in section 25132 of the California Government Code, for fines applicable to infractions; and,
2. Unless otherwise specified in this code, for all other violations of this code, the amount of the administrative fine shall not exceed $1,000. (Ord. 2006-0014 § 2, 2006; Ord. 2006-0001 § 1, 2006: Ord. 2005-0013 § 1 (part), 2005.)

A. Except as provided in subsection B, below, whenever an enforcement officer issues a notice of violation, the enforcement officer is authorized to issue a notice of administrative fine concurrently therewith, to the responsible person(s).
B. Where the notice of violation specifies a correction period, the enforcement officer shall not issue a notice of administrative fine prior to the expiration of the correction period or such extensions of the correction period as may have been granted by the enforcement officer. If the violation has not been corrected or otherwise remedied prior to the expiration of the correction period or any extensions thereof, the enforcement officer may issue a notice of administrative fine to the responsible person(s).
C. Each notice of administrative fine shall contain the following information:
1. A statement that an administrative fine is being imposed on the responsible person(s) pursuant to this chapter of the code;
2. The name of the responsible person(s);
3. The code section violated;
4. The address where the code violation occurred (for violations pertaining to the condition of real property);
5. A description of the code violation;
6. The names of the issuing department and enforcement officer;
7. The amount of the fine for the code violation and the procedure to pay the fine; and,
8. The procedures for requesting an administrative hearing to contest the imposition of the administrative fine and for requesting a hardship waiver, pursuant to Section 1.25.080.
D. Unless a responsible person requests an administrative hearing to contest the imposition of the administrative fine, pursuant to Section 1.25.080, or has requested permission to perform community service pursuant to Section 1.25.075, the notice of administrative fine shall constitute the final administrative order of the county with respect to said administrative fine, and the fine shall be due and payable by the responsible person(s) to the issuing department within ten (10) calendar days following service of the notice of administrative fine.
E. The enforcement officer shall serve a notice of administrative fine by either of the following methods:
1. By personal delivery to the responsible person(s); or,
2. By first class mail, postage prepaid to the responsible person(s) at the address shown on the county’s last equalized property tax assessment rolls (if any), and the last known address of the responsible person(s) (if any), and, where the underlying violation pertains to the condition of real property, by posting the notice in a conspicuous place on the real property.
3. Service under paragraph 1, above, shall be deemed effective at the time of personal delivery. Service under paragraph 2, above, shall be deemed effective five (5) calendar days following the date of mailing or, where the underlying violation pertains to the condition of real property, five (5) calendar days following the later of either the date of mailing or the date of posting.
F. Payment of an administrative fine shall not excuse the responsible person(s) from correcting the code violation, when required by the enforcement officer. The issuance of a notice of administrative fine and/or payment thereof does not preclude the enforcement officer or issuing department from taking any other enforcement action in response to a code violation, including, but not limited to, issuing notices of noncompliance fees, as provided for in Sections 1.25.060 and 1.25.070, and/or making referrals to the district attorney for the filing of a criminal complaint or to the county counsel for the filing of a civil enforcement action. (Ord. 2008-0044 § 2, 2008; Ord. 2005-0013 § 1 (part), 2005.)

A. The violation of any provision of this code shall be subject to a noncompliance fee, as provided for in this chapter.
B. The amount of the noncompliance fee shall be separately determined by the board of supervisors for each issuing department and shall not exceed the amount reasonably necessary to recover the cost incurred by each respective department in the enforcement of the provisions of this code, including, but not limited to, responding to complaints, performing inspections, and issuing notices of violations. (Ord. 2005-0013 § 1 (part), 2005.)

A. Whenever an enforcement officer issues a notice of violation, the enforcement officer is authorized to issue a notice of noncompliance fee to the responsible person(s). The enforcement officer may issue the notice of noncompliance fee concurrently with the notice of violation, or in his or her discretion, may issue the notice of noncompliance fee upon the expiration of any correction period or extension thereof.
B. Each notice of noncompliance fee shall contain the following information:
1. A statement that a noncompliance fee is being imposed on the responsible person(s) pursuant to this chapter of the code;
2. The name of the responsible person(s);
3. The code section violated;
4. The address where the code violation occurred (for violations pertaining to the condition of real property);
5. A description of the code violation;
6. The names of the issuing department and enforcement officer;
7. The amount of the noncompliance fee and the procedure to pay the fee; and,
8. The procedures for requesting an administrative hearing to contest the imposition of the noncompliance fee and for requesting a hardship waiver, pursuant to Section 1.25.080.
C. Unless a responsible person requests an administrative hearing to contest the imposition of the noncompliance fee, pursuant to Section 1.25.080, or has requested permission to perform community service pursuant to Section 1.25.075, the notice of noncompliance fee shall constitute the final administrative order of the county with respect to said noncompliance fee, and the fee shall be due and payable by the responsible person(s) to the issuing department within ten (10) calendar days following service of the notice of noncompliance fee.
D. The enforcement officer shall serve a notice of noncompliance fee in the same manner as required for service of a notice of administrative fine, as specified in Section 1.25.050.
E. Payment of a noncompliance fee shall not excuse the responsible person(s) from correcting the code violation. The issuance of a notice of noncompliance fee and/or payment thereof does not preclude the enforcement officer or issuing department from taking any other enforcement action in response to a code violation, including, but not limited to, issuing notices of administrative fines and/or making referrals to the district attorney for the filing of a criminal complaint or to the county counsel for the filing of a civil enforcement action. (Ord. 2008-044 § 3, 2008; Ord. 2005-0013 § 1 (part), 2005.)

A. Request to perform community service for violations relating to graffiti in lieu of administrative fine and/or noncompliance fee. Any responsible person(s) served with a notice of administrative fine and/or a notice of noncompliance fee for a violation of Chapter 13.12 of this code relating to graffiti may request to perform community service in a program approved by the issuing department in lieu of payment of the administrative fine and/or noncompliance fee.
B. Written request. Any eligible responsible person(s) served with a notice of administrative fine and/or a notice of noncompliance fee who requests permission to perform community service in lieu of payment of an administrative fine or noncompliance fee, as provided in subsection A, must make the request in writing and file it with the issuing department within five (5) calendar days following service of the notice of administrative fine and/or the notice of noncompliance fee. The request shall also include the address of the responsible person(s) for the purpose of correspondence by the issuing department.
C. Notification of approval or denial of request and required completion date. The issuing department shall notify the responsible person(s) by first class mail, postage prepaid, whether the request to perform community service has been approved, and if approved, shall identify the program(s) that the responsible person must complete, and the date by which such program shall be completed. The decision to grant or deny the request shall be in the sole discretion of the issuing department. In the event the issuing department denies the request to perform community service, the administrative fine and/or the noncompliance fee otherwise payable as set forth in the notice of administrative fine and/or the notice of noncompliance fee previously served on the responsible person shall be made by the date specified in the notice denying the request to perform community service.
D. Suspension of administrative fine. The obligation to pay the administrative fine or noncompliance fee otherwise required under subsection A of Section 1.25.050 or subsection A of Section 1.25.070 shall be suspended during the time period provided for completion of the approved program as set forth in the written notification approving the request sent by the issuing department under subsection C, above.
E. Proof of successful completion of community service. The responsible person(s) shall provide proof of completion of the approved program by submitting, to the issuing department within five (5) calendar days following the date by which the program was to be completed, a certificate of completion issued by the program provider. Failure to present such proof within the required time period shall result in the reinstatement of the administrative fine and/or noncompliance fee otherwise due under subsection A of Section 1.25.050 or subsection A of Section 1.25.070 without further notification by the issuing department and payment of the amount due shall be made within seven (7) calendar days of the date by which the program was to be completed as specified in the notice provided under subsection C, above. (Ord. 2008-0044 § 4, 2008.)

A. Any responsible person served with a notice of administrative fine and/or a notice of noncompliance fee may request an administrative hearing before a hearing officer to contest the imposition and/or the amount of the administrative fine and/or the noncompliance fee. The request must be made in writing and be filed with the department head within ten (10) calendar days following service of the notice of administrative fine and/or the notice of noncompliance fee and shall include a statement indicating the basis on which the responsible person(s) contests the imposition of the administrative fine and/or the noncompliance fee, together with any evidence that the responsible person(s) wants the hearing officer to consider. The request shall also include the address of the responsible person(s) for the purpose of correspondence by the department head and/or hearing officer.
B. The written request for administrative hearing must be accompanied by a deposit equal to the full amount of the administrative fine as specified in the notice of administrative fine, and/or the full amount of the noncompliance fee as specified in the notice of noncompliance fee, unless the responsible person(s) requests a hardship waiver pursuant to subsection C, below. If no such waiver is requested, failure to deposit the amount of the fine and/or fee concurrently with the request for administrative hearing shall constitute a waiver of the responsible person’s entitlement to the administrative hearing. The hearing request and fine and/or fee deposit shall be deemed filed on the date received by the department head.
C. A responsible person who requests an administrative hearing may also request a hardship waiver of the requirement to deposit the amount of the administrative fine and/or noncompliance fee prior to the administrative hearing. A hardship waiver request must be made in writing and filed with the department head and must be accompanied by a sworn affidavit, together with supporting documents or materials, demonstrating the responsible person’s financial inability to deposit the amount of the administrative fine and/or noncompliance fee. A hardship waiver request must be filed at the same time as the request for an administrative hearing.
D. The department head shall review any hardship waiver request and determine, in his or her sole discretion, whether or not to grant any such request and shall provide written notice by first class mail, postage prepaid, of his or her determination to the responsible person(s) at the address contained in the request for administrative hearing. If a request for hardship waiver is granted, the responsible person(s) shall not be required to deposit the amount of the fine and/or fee prior to the administrative hearing. The granting of a hardship waiver shall not excuse the payment of the administrative fine and/or the noncompliance fee upon a final determination that it is owed. If a request for hardship waiver is denied, the responsible person(s) shall deposit the amount of the administrative fine and/or the amount of the noncompliance fee with the issuing department within ten (10) calendar days following the date of the notice of the department head’s determination. Failure to make a timely deposit following the department head’s denial of a hardship waiver request shall constitute a waiver of the responsible person’s entitlement to an administrative hearing.
E. After receiving a timely hearing request and deposit or having acted on a timely request for a hardship waiver, pursuant to subsection D of this section, with respect to such deposit, the department head shall schedule an administrative hearing. The responsible person(s) shall be given not less than ten (10) calendar days’ prior written notice by first class mail, postage prepaid, of the date, time, and place of the administrative hearing and the name of the hearing officer that will conduct the administrative hearing. (Ord. 2005-0013 § 1 (part), 2005.)

A. Hearings shall be conducted by the hearing officer on the date, time, and place specified in the notice provided for in Section 1.25.080. The hearing officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause by the responsible person(s) or enforcement officer. The request must be made in writing and be received by the hearing officer at least two (2) business days prior to the hearing date. A copy of the continuance request must also be personally served on the enforcement officer if made by the responsible person(s), and on the responsible person(s) if made by the enforcement officer. In no event shall the continuance be longer than forty-five (45) calendar days from the originally scheduled hearing date.
B. At the hearing, the responsible person(s) shall have the opportunity to present evidence relevant to the hearing officer’s determination of the matter. The failure of the responsible person(s) to appear at the administrative hearing shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies to judicially challenge the imposition of the administrative fine and/or the imposition of the noncompliance fee. If the administrative hearing is abandoned, the issuing department shall keep the funds deposited with the hearing request, unless a hardship waiver was granted, in which case the administrative fine and/or the noncompliance fee shall be due and payable by the responsible person(s) to the issuing department within ten (10) calendar days following the date that had been set for the administrative hearing.
C. The notice of violation, notice of administrative fine, and/or notice of noncompliance fee, and any other reports prepared by or for the enforcement officer concerning the code violation, shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in those documents. The enforcement officer may attend the hearing but is not required to do so. Once begun, the hearing officer may continue the hearing from time to time, in his or her sole discretion, to allow for the orderly completion thereof.
D. After receiving all of the evidence submitted at the hearing, the hearing officer may further continue the hearing and request additional information from either the enforcement officer or the responsible person(s), or may close the hearing.
E. After considering all the evidence and testimony submitted at the hearing and within ten (10) calendar days after the close of the hearing, the hearing officer shall issue a written decision to either confirm or cancel the administrative fine and/or the noncompliance fee or to reduce the amount of the administrative fine and/or noncompliance fee. The written decision shall include a statement of the reasons for the decision. The written decision shall be served by first-class mail, postage prepaid on the responsible person(s) and the enforcement officer. The hearing officer’s written decision shall constitute the final administrative decision of the county.
F. If the hearing officer confirms the imposition of the full amount of the administrative fine and/or the noncompliance fee, the issuing department shall keep the funds deposited with the hearing request, unless a hardship waiver was granted. If a hardship waiver was granted, the responsible person(s) shall pay the administrative fine and/or the noncompliance fee to the issuing department within twenty (20) calendar days following the date of the hearing officer’s written decision.
G. If the hearing officer reduces the administrative fine and/or the noncompliance fee, the issuing department shall refund the appropriate amount of the funds deposited with the hearing request to the responsible person(s) within twenty (20) calendar days from the date of the written decision, unless a hardship waiver was granted, in which case the responsible person(s) shall pay the reduced amount(s) to the issuing department within twenty (20) calendar days following the date of the hearing officer’s written decision.
H. If the hearing officer cancels the administrative fine and/or the noncompliance fee, the issuing department shall refund the entire amount of the funds deposited with the hearing request to the responsible person(s) within twenty (20) calendar days from the date of the written decision, unless a hardship waiver was granted, in which case no further action is necessary. (Ord. 2005-0013 § 1 (part), 2005.)

A. A responsible person(s) may seek judicial review of the hearing officer’s written decision pertaining to the imposition of an administrative fine by filing an appeal with the superior court in accordance with the time periods, procedures, and other requirements set forth in section 53069.4 of the California Government Code.
B. If no appeal of the hearing officer’s written decision is filed within the time period set forth in section 53069.4 of the California Government Code, the hearing officer’s decision shall be deemed confirmed. (Ord. 2005-0013 § 1 (part), 2005.)

A. In addition to any other remedy provided by law, if an administrative fine is not paid within the time period provided for in this chapter, and the underlying violation pertains to the condition of real property owned in whole or in part by the responsible person(s), the amount of the unpaid administrative fine shall become a lien on that real property and the issuing department may enforce and collect the unpaid administrative fine by recording a notice of lien against that real property in the office of the registrar-recorder/county clerk.
B. When a notice of lien has been recorded, and the full amount of the corresponding administrative fine is subsequently paid to the issuing department, the issuing department shall promptly record a notice of satisfaction of lien. Upon recordation of the notice of satisfaction of lien, the lien shall be cancelled. (Ord. 2005-0013 § 1 (part), 2005.)