12.12.050 Penalty and Cost of Enforcement.
a. Any person violating the provisions of this chapter is guilty of a misdemeanor.
b. In addition to any other remedies available at law, any person violating the provisions of this chapter shall be liable to the County for all expenses and damages caused by any such violation.
1. Any person found in violation of this chapter may be subject to and responsible for a fine in the amount of two hundred dollars ($200.00) for each violation plus an amount of twenty dollars ($20.00) per day for each calendar day beyond the fifteen (15) days following the posting of the nuisance in addition to any other remedies provided by this chapter or state law.
2. Whenever the Administrator, or his or her authorized representative determines that a violation to the provisions of this chapter exist the authorized representative shall give written notice of such violation to the alleged violator. The notice shall include the following information:
A. The street address, legal description or other description sufficient to identify the affected property.
B. The penalty imposed as a result of such violation.
C. A statement that the party affected may file a written request for hearing with the Administrator or his or her authorized representative if it objects to imposition of the penalty.
D. A statement that the penalty imposed shall be enforced if the party fails to file a timely written request for a hearing.
3. Notice of any administrative civil penalty shall be served either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to the alleged violator. Service shall be effective for all purposes upon receipt if personally served, or within five days of mailing as herein provided. Proof of service of the notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice retained by the Administrator, or authorized representative. The failure of a party to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to this chapter.
A. A written request for a hearing must be received by the Administrator, or authorized representative within seven days of the effective date of service of the notice. The Administrator, or authorized representative shall set a time and date for the hearing and notify the party requesting the hearing in writing of the time, date and place of the hearing. The hearing shall be before a Hearing Officer designated by the Administrator.
B. The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of counsel and witnesses. Notice of the date set for hearing shall be mailed to the parties at least ten (10) calendar days prior to the hearing date. The alleged violator shall be entitled to appear personally, produce evidence, and be represented by counsel. At the hearing, the County shall have the burden of going forward first with evidence in support of the allegations contained in the order imposing penalties and shall have the burden of establishing the facts by a preponderance of the evidence. The Hearing Officer may administer oaths and take official notice of facts as authorized by law.
C. Oral evidence shall be taken only on oath or affirmation.
D. Each party shall have the following rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against it.
E. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
F. The order of the Hearing Officer shall be in writing resolving the essential issues raised and confirming, amending or rejecting the administrative civil penalty imposed by the Administrator. Procedures concerning notice and service thereof shall be as provided herein.
4. The manner of contesting the final order of the Hearing Officer concerning any administrative civil penalty is governed by Government Code Section 53069.4, or any successor provision thereto. A copy of the notice of appeal authorized by Government Code Section 53069.4 shall be served upon the Clerk of the Board of Supervisors.
c. Each party violating any provision of this chapter shall be guilty of a separate offense for each and every day on which any such violation is committed, continued, or permitted by any such person.
d. In addition to any penalty, sanction, fine or imprisonment, any person violating the provisions of this chapter shall be required to pay any and all expenses of enforcement including those costs necessary to inspect, remove and/or correct the violation. In addition to all remedies herein contained, the County may pursue all reasonable and legal means in collecting those sums authorized and due. (SCC 1441 ยง 6, 2009.)