(A) Stop activities order. Whenever the Planning Director determines by a preponderance of the evidence that a person is violating a code governed by this chapter and that the code violation creates a substantial and imminent risk of serious harm to persons or property, the Planning Director may order the immediate cessation of any activities constituting the code violation.
(B) Consent to stop activities order. All permits, discretionary or ministerial, issued under the authority of any chapter of the San Benito County Code adopting this chapter are conditioned that the permittee consent to the stop activities order specified in this section. The acceptance of any such permit and commencement of activities thereunder shall indicate a permittee’s consent to the issuance of a stop activities order upon a determination by the Planning Director as specified in division (A). The consent to the issuance of a stop activities order shall include, without limitation, consent to cease activities from the time of issuance of a stop activities order until the expedited administrative review, not later than 48 hours after the issuance of the stop activities order and consent to cease activities following the expedited administrative review until any appeal may be heard by the Planning Commission or the Board of Supervisors, as the case may be.
(C) Procedure.
(1) Voluntary cessation of activities. Before issuing a stop activities order, the Planning Director shall inform the person conducting the activities in question that the activities constitute a violation of a San Benito County ordinance and request the person voluntarily stop. If the person does stop voluntarily, the Planning Director shall set a date and time for an expedited administrative review to occur no later than 40 hours after the request to cease activities. At the expedited administrative review, the person may dispute the Planning Director’s determination of a code violation. Notice of the cessation of the activities and of the expedited administrative review shall be sent in accordance with division (D) herein. The notice shall refer to the voluntary cessation of activities.
(2) Issuance of a stop activities order. If the person does not voluntarily stop activities constituting a violation of a San Benito County ordinance, the Planning Director shall give a stop activities order to the person conducting the activities. The person shall comply with the order to cease activities. Additionally, the Planning Director shall post the order at a conspicuous place on the premises and mail a copy of the order to a permittee, if any exists, and to an owner of the subject property, if different than the actor or permittee. The order shall be given as specified in division (D) herein.
(D) Notice of stop activities order. The stop activities order shall specify the ordinance violated, the activities which constitute the violation, the date and time of an expedited administrative review to occur within 48 hours after the issuance of the order and the person issuing the order. The notice shall be delivered personally to any person conducting the activities, if the person is available, and mailed to any permittee, if any exists, or any owner of the subject property if the owner is different than the actor or permittee. The stop work order shall also specify the penalties for violating the stop activities order.
(E) Expedited administrative review.
(1) No later than 48 hours after the Planning Director issues a stop activities order, the Planning Director shall conduct an expedited administrative review of the stop activities order. If the actor, permittee or the owner of the subject property objects to the issuance of the stop activities order, the actor, permittee and/or owner shall appear at the expedited administrative review and may present any relevant evidence in opposition to the issuance of the order. The persons contesting the issuance of the order shall have the burden of proof to demonstrate that the stop activities order should be rescinded.
(2) The contesting parties shall present evidence first. Following the presentation of evidence by the contesting parties, the Planning Department shall present its evidence in support of the stop activities order. The contesting parties shall be allowed a brief rebuttal to present evidence in response to the Planning Department’s evidence.
(3) The formal rules of evidence do not apply to the expedited administrative review. Any relevant evidence upon which a reasonable person may rely in the conduct of serious affairs shall be admissible. Any party shall have the right to question a witness called by any other party.
(4) Following the conclusion of the expedited administrative review, the Planning Director shall consider the evidence presented and shall render a decision within 48 hours after the close of the review. The Planning Director may uphold the stop activities order, vacate the order, issue a new order or condition the activities of the permittee in order to insure compliance with the ordinances of San Benito County so as to eliminate the substantial and eminent risk of harm to persons or properties resulting from the activities of the permittee, actor or property owner.
(5) If any person to whom notice of the order was given fails to appear at the hearing, it shall be conclusively presumed that the absent party waives that party’s right to object to and contest the stop activities order.
(F) Appeal.
(1) The decision of the Planning Director following the expedited administrative review may be appealed by the permittee or by any interested party. The appeal shall be made to the Planning Commission and the application for the appeal shall be filed no later than ten days after the Planning Director’s decision following the expedited administrative review. The appeal shall be heard at the first regular meeting of the Planning Commission in which the appeal may be scheduled following the filing of the appeal. Any decision of the Planning Commission may be appealed to the Board of Supervisors within ten days of the Planning Commission decision by filing an appeal with the Clerk of the Board.
(2) Appeals to the Planning Commission and Board shall be de novo hearings. The appellant shall have the burden of presenting evidence justifying the relief sought by appellant. The body hearing the appeal may affirm, reverse or modify the decision made previously in the matter. Any decision by Board of Supervisors shall be the final decision. Pending a decision on appeal, the appealed decision shall remain in effect.
(G) Violation of order. Conducting, engaging in or allowing any activities in violation of any stop activities order shall be a violation of this chapter. Any person who conducts, engages in or allows any activities in violation of a stop activities order shall be liable for a civil penalty not to exceed $2,500 for each day or portion thereof that activities occur. The civil penalty specified in this division shall be a separate remedy from the underlying code violation.
(1966 Code, § 19-14) (Ord. 625, § 6)