(a) Any violation of this Code is a public nuisance and shall be abated as such. It is unlawful for any responsible party to cause or maintain a violation of this Code or a public nuisance on a premises. To the fullest extent allowed by law, a responsible party has a duty to prevent, remove, or abate a violation or public nuisance on their real property when that responsible party knows, or has reason to know, that the violation or public nuisance exists.
(b) Each and every day, or portion thereof, that a violation exists constitutes a separate and distinct offense.
(c) Any person who violates a provision of this Code, or fails to comply with any of the requirements thereof, shall be subject to all applicable remedies available under this Chapter or State law. Wherever this Code makes any act or omission unlawful, it shall include causing, maintaining, permitting, aiding, abetting, or concealing such act or omission.
(d) Any violation may be enforced through one or more of the following remedies:
(1) Issuance of a courtesy notice, administrative citation, or invoice, including the recovery of civil penalties and enforcement costs.
(2) Abatement as a public nuisance.
(3) Arrest or citation and release pursuant to California Penal Code Section 836.5.
(4) Criminal prosecution.
(5) Administrative hearing.
(6) Civil action for injunction, civil penalties, or other appropriate remedies, including, but not limited to, receivership, DAA, RLAA, and STEP actions.
(7) The withholding of approvals, conditional approvals, and permits until the violation conditions are cured.
(8) Recording of a notice of pendency of nuisance abatement action, nuisance abatement lien, and special assessment lien.
(9) Revocation or suspension of licenses, permits, special use permits, and other entitlements issued by the County.
(10) Issuance of a stop work order.
(11) Any other remedies provided by law or in equity.
(e) The imposition of any fines or fees prescribed herein shall not preclude abatement of any violation enforced through this Chapter by the Enforcement Official, the recovery of costs as authorized by law, or the institution of any other administrative, criminal, or civil legal proceedings.
(f) Nothing in this Chapter shall be interpreted as mandating that an Enforcement Official take certain steps in response to a violation or citizen complaint, or to preclude an Enforcement Official from informally encouraging citizens to comply with this Code or other applicable laws. Though not required, an Enforcement Official may engage in informal oral or written requests to achieve compliance, including attempts to informally negotiate or mediate issues relating to compliance. In no event shall an Enforcement Official's failure to take an enforcement action described in this Code create any liability for the Enforcement Official or the County for damages or harm resulting from the violation.
(g) In addition to any remedy authorized by law, violations may be prosecuted as criminal violations. Any violation may constitute a misdemeanor or an infraction. Each day that a violation continues shall be deemed a separate offense. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding $1,000 per violation, imprisonment for a term not exceeding six months, or both. Unless provided otherwise, a violation may be prosecuted as an infraction with a maximum penalty established pursuant to Government Code Section 25132.
(h) The Enforcement Official may investigate any violation in the unincorporated area of the County, and as authorized within the incorporated areas of the County, including, without limitation, those identified through any of the following:
(1) Specific bona fide citizen complaints or government agency referrals.
(2) The violation occurs within the context of the County's oversight or approval for a project.
(3) The enforcement action is a part of a plan for the uniform enforcement of a provision of the Code or other applicable laws within the County.
(4) The Enforcement Official's personal observations.
(i) An administrative citation shall not be issued pursuant to a citizen complaint until the Enforcement Official has conducted an independent investigation and determined that a violation has occurred. Whether and how to conduct an investigation or conduct further enforcement proceedings shall be within the discretion of the Enforcement Official. A complaint may form the basis of an enforcement action or inspection warrant if the violation is one of limited temporal duration or if the violation is not apparent and the responsible party does not consent to the Enforcement Official's inspection. Nothing herein shall allow a complainant to compel an Enforcement Official to take investigatory or enforcement actions or create any liability for failure to take such actions.
(j) Stop Work Order. Whenever any work is reasonably suspected as being conducted contrary to the County Code, or other pertinent laws or ordinances implemented through the enforcement of the County Code, the Enforcement Official may order the work stopped by notice in writing served on any persons engaged in conducting or causing such work to be done, and any such persons shall forthwith stop such work until lawfully authorized to proceed with the work.
(§ 2, Ord. 1526, eff. October 29, 2020)