The purpose of this chapter is to establish provisions for enforcement of this title. The steps in the process are outlined, as well as the penalties involved. This section puts all persons on notice as to the proceedings and penalties involved if any provision of this title is violated. The procedures contained in this chapter do not limit or modify the authority of the county of Kern to pursue enforcement under the provisions of Chapter 19.100 of this title.

(Prior code § 7298.01)

A.

No department, official, or employee of the county of Kern vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no ministerial or discretionary permit or license shall be issued by any department, official, or employee of the county of Kern for any building, structure, or use subject to the requirements of this title on a parcel of land where the department, official, or employee is aware that a violation of this title exists, except as provided for below.

B.

If the application is for a ministerial permit, a zone modification, or zone variance and the approval of said permit will abate all violations of this title as determined by the planning director, the planning director may authorize the processing of the permit without first requiring the abatement of the violation or the formal consideration of the matter at a director's hearing provided that:

1.

The property owner has provided written acknowledgment of the existence of all violations of this title affecting the property for which a permit is being sought, and;

2.

All outstanding administrative penalty fees, administrative costs, civil penalties, and enforcement costs incurred by any department of the county in investigating and seeking to abate all violations of this title affecting said property, and known by the planning director, have been paid.

C.

For all other classes of permits for property found to be in violation of this title, the application shall not be accepted for processing prior to the abatement of all such violations until the matter is first considered by the hearing officer at a director's hearing. Notification of the scheduled date of consideration at a director's hearing shall be sent by mailing or delivering notice, postage prepaid, to the property owner, the applicant, each member of the board of supervisors and to the owners of all abutting properties at least ten (10) calendar days prior to the date of the hearing and shall specify the date, time, and place of the hearing and the location and nature of the alleged violation of this title. The hearing officer may authorize the processing of the application if all of the following findings are made:

1.

The violation or violations will not likely result in potentially significant health, safety, or welfare impacts on the property or the surrounding properties.

2.

The property owner has provided written acknowledgment of the existence of all violations of this title affecting the property for which a permit is being sought.

3.

The property owner is not presently known to be in violation of this title related to any other property owned over which the county has land use authority, unless that property's violation(s) are being abated with a concurrent application before the hearing officer.

4.

The application, if approved, will fully abate all violations of this title affecting the property for which permit approval is being sought.

5.

All outstanding administrative penalty fees, administrative costs, civil penalties, and enforcement costs incurred by any department of the county in investigating and seeking to abate all violations of this title affecting said property and known by the hearing officer, have been paid.

D.

If the hearing officer cannot make all of these required findings, the application shall not be processed until such time as all violations of this title affecting the property for which a permit is being sought and all other property owned by the same property owner over which the county has land use authority have first been abated. If the hearing officer can make the required findings, the final decision may contain stipulations deemed necessary to limit potentially significant health, safety or welfare impacts on the property or on surrounding properties. The decision of the hearing officer shall be final unless an appeal is filed within seven (7) days from, and including the date of, decision, in which case the matter shall be considered by the planning commission as provided for in Section 19.102.060 of this title. In the event that the hearing officer authorizes the processing of an application without requiring abatement of the violations, the hearing officer may re-schedule the application for re-consideration if there are excessive delays in processing the application brought about by the applicant's action or inaction or in instances where there are fundamental changes in circumstances surrounding the nature of the violation.

E.

Any application authorized for filing pursuant to this section shall be assessed a late filing fee equivalent to fifty percent (50%) of the minimum filing fee normally required for processing that application, in addition to the normal minimum filing fee for that application. If multiple applications are required, the late filing fee shall be assessed to each application filing fee.

F.

If violations of this title are discovered subsequent to formal acceptance of the application for processing, application processing shall be suspended until either the violations have been abated or, in the event that the only noted violations will be abated through approval of the pending discretionary permit(s), the matter is first considered as specified in subsections (B) and (C) above.

(Ord. G-7012 § 63, 2003; Ord. G-4832 § 184, 1988; prior code § 7298.08)

(Ord. No. G-7821, §§ 84, 85, 1-27-09; Ord. No. G-8226, § 109, 11-8-11)

The building official or planning Director may upon the presentation of proper credentials to the occupant or owner enter any premises, building, or structure at any reasonable time for the purpose of investigating and inspecting the premises, building or structure to determine whether the same are being used in compliance with the provisions of this title. If admission or entry is refused, the building official may apply to the district attorney to obtain an inspection warrant.

(Ord. G-6551 § 124, 1998: prior code § 7298.03)

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a complaint with the building official stating fully the causes and basis thereof. The complaint shall be investigated, and such action thereon as provided by this title taken as deemed appropriate.

(Prior code § 7298.02)

Whenever a complaint has been received or any county official believes that the conditions of a permit, variance or other entitlement granted under the provisions of this title have been violated, the building official shall investigate such allegations. If such a violation, in the opinion of the building official, has occurred, an official notice to comply and/or compliance letter may be given. If correction of the violation(s) does not occur within the specified period, the building official may initiate revocation proceedings in accordance with the provisions of Section 19.102.020 of this title.

(Prior code § 7298.07)

Any person, business, or owner or possessor of any property who violates this chapter, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not exceeding six (6) months, or by both such fine and imprisonment. Each day the violation of this title continues shall be considered a separate offense.

(Ord. G-6551 § 125, 1998: Ord. G-5684 § 111, 1991: Ord. G-4832 § 185, 1988; prior code § 7298.04)

(Ord. No. G-8739, § 6, 10-24-17)

Whenever the building official or his designee has knowledge of a violation of Title 19 of this code, he may cause a notice of intent to record a notice of violation to be mailed to the then current owner of record of the property. The notice shall state that within thirty (30) days of the date of the notice, the owner may request a hearing with the board of supervisors to present evidence that a violation does not exist. The notice shall further describe the property and violation in detail.

Following the sending of the notice of intent to record a notice of violation and prior to recording the notice, if it is determined that no violation exists, the building official or his designee shall mail a clearance letter to the then owner(s) of record.

In the event that a meeting is not requested and the violation has not been corrected, the building official may record, without fee, a notice of violation and/or notice of substandard property in the office of the county recorder.

Upon request, the building official or his designee shall issue the affected property owner a notice of expungement of violation and/or a notice of substandard property upon correction of all violation(s) noticed hereunder.

(Ord. G-7482 § 109, 2007: Ord. G-7012 § 64, 2003; Ord. G-6551 § 126, 1998: Ord. G-6077 § 367, 1994: Ord. G-5346 § 106, 1990)

A.

Any person, business, or owner or possessor of any property who violates this chapter, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, is subject to the regulations pertaining to the imposition and collection of administrative penalties as provided for in Chapter 8.54.

B.

Each day that more than six (6) cannabis plants are being cultivated on any legal parcel of record shall constitute a separate and distinct violation and shall be subject to all remedies provided in this title. Each cannabis plant grown in excess of six (6) on any legal parcel of record shall constitute, in and of itself, a separate and distinct violation of this chapter and shall be subject to all remedies provided in this chapter.

C.

In determining the amount of any administrative penalty, the enforcing officer shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, any harm caused by the violation or violations, any prior history of violations, the degree of culpability, the responsible parties' ability to pay the penalty, the market value of the marijuana plants being cultivated in violation of this chapter, the assessed value of the land on which the violation or violations occurred and any other factors in furtherance of justice. The imposition of administrative penalties is not an exclusive remedy, but is in addition to all other civil and criminal remedies available to the county to remedy violations of this chapter.

D.

Administrative penalties for violation of this chapter shall be assessed as follows:

1.

A penalty up to one thousand dollars ($1,000.00) for violation of this chapter at the time a notice of violation is served on the responsible party or parties and either:

2.

a.

A penalty up to one thousand dollars ($1,000.00) per day for each day a violation remains unabated past the deadline set forth in the notice of violation; or

b.

For every plant being cultivated over the six-plant limit established by this chapter, a per plant penalty to be administered according to the following schedule for each day a violation remains unabated past the deadline set forth in the notice of violation:

E.

The enforcing officer shall begin the administrative process by issuance of a notice of violation.

If the violation does not create an immediate threat to health or safety, the enforcing officer shall provide for a reasonable period of time, not to exceed five (5) days from the date the notice of violation is served, for the responsible party or parties to abate the cultivation of all marijuana plants being cultivated in excess of six (6). If within the time period stated in the notice of violation the responsible party or parties completely remedy the violation, then the enforcing officer will take no further enforcement action relative to the excess cultivation violation other than collection of the administrative penalty imposed pursuant to subsection D.1.

If the violation creates an immediate threat to public health and safety, the violation may be summarily abated pursuant to Chapter 8.44.

F.

The notice of violation shall be issued on a form containing:

1.

The name and address of the responsible party or parties;

2.

The address of the real property where the violation occurred;

3.

A statement of the acts, events or conditions which resulted in violation of this chapter, including a reference to this chapter and the date(s) of occurrence;

4.

The amount of the administrative penalty to be imposed pursuant to subsection D.1.;

5.

The number of days the responsible party or parties have to abate the violation or be subject to the imposition of additional administrative penalties pursuant to subsection D.2.;

6.

Identification of appeal rights, including the time the notice of violation may be appealed to the board of supervisors;

7.

Notification that appeal to the board of supervisors does not toll the daily accrual of administrative penalties; and

8.

The signature of the public official issuing the notice of violation and the date the notice was issued.

9.

A statement of financial condition form shall accompany the notice of violation.

G.

Following expiration of the time period for abatement stated in the notice of violation, if all plants being cultivated in excess of twelve (12) have not been abated, then the enforcing officer may issue a notice of violation and imposition of daily administrative penalty, which shall be issued on a form containing:

1.

The name and address of the responsible party or parties;

2.

The address of the real property where the violation occurred;

3.

A statement of the acts, events or conditions which resulted in violation of this chapter, including a reference to this chapter and the date(s) of occurrence;

4.

That the time period allowed for abatement has lapsed and the violation has not been abated;

5.

The amount of the daily administrative penalty to be imposed, the reasons for it and that the penalty will be imposed each day the violation remains unabated;

6.

Identification of appeal rights, including the time within which the notice of violation and imposition of daily administrative penalty may be appealed to the board of supervisors;

7.

Notification that appeal to the board of supervisors does not toll the daily accrual of administrative penalties; and

8.

The signature of the public official issuing the notice of violation and the date the notice was issued.

H.

The notice of violation and the notice of violation and imposition of daily administrative penalty may be combined with a notice and order to abate issued pursuant to Chapter 8.44.

I.

All notices provided for in this chapter shall be served by first class mail, postage prepaid, as follows:

1.

On the responsible party or parties at the address of the real property where the violation occurred;

2.

On the real property owner(s) at any address appearing on the last equalized county assessment roll; and

3.

The last known address of any responsible party if other than the real property where the violation occurred.

Service made as provided in this chapter shall be effective on the date of mailing.

J.

In lieu of personally serving any of the notices as provided in subsection I., service of the notices may be made as follows:

1.

By leaving a copy during usual business hours with the person apparently in charge of the responsible party's place of business and thereafter mailing by first class mail, postage prepaid, a copy to the responsible party at the address where the copy was left; or

2.

By leaving a copy at the responsible party's dwelling or usual place of abode and thereafter mailing by first class mail, postage prepaid, a copy to the responsible party at the address where the copy was left; or

3.

If the responsible party has a property manager or rental agent overseeing the premises, service may be effected as provided in subsection J.1. or J.2. on the manager or rental agent; or

4.

If a responsible party or parties cannot be located or served as provided in subsection J.1., J.2., or J.3., then by posting the property with the notice and mailing a copy of the notice by first class mail, postage prepaid, to the address of the real property where the violation occurred or is occurring.

K.

The failure of any responsible party or other person to receive any notice required to be given or posted pursuant to this chapter shall not affect in any manner the validity of any proceedings taken pursuant to this chapter.

L.

The notice of violation and the notice of violation and imposition of daily administrative penalty shall inform the recipients of their right to request a hearing before the board of supervisors in accordance with this chapter. If such a hearing is not requested within ten (10) days after issuance of the notice, the proposed penalty shall become final and conclusive, and the person or persons to whom the notice was issued shall immediately make payment of the penalty amount to the county.

Filing an appeal shall not toll the daily accrual of administrative penalties.

A hearing shall be requested by completion of a request for hearing form and returning it to the address stated on the form within ten (10) days after issuance of the notice.

M.

If any recipient of a notice of violation or the notice of violation and imposition of daily administrative penalty requests a hearing before the board of supervisors, the person shall be notified by first class mail, postage prepaid, when the matter is set for hearing. Whenever possible, the hearing shall be set within fifteen (15) days after the request is made.

If the violation has been abated, the hearing notification shall state the final amount of the penalty to be imposed. If the violation has not been abated, the notification shall state the amount of the penalty as of the time of the notification and the estimated amount the penalty will be as of the time of the board hearing if the violation remains unabated.

After the hearing, the board may impose, modify, or disapprove, in whole or in part, by its own order, the penalty set forth in the notice. The decision of the board shall be final and conclusive. Any order of the board shall become effective upon issuance and shall be served by first class mail, postage prepaid, upon the appellant. Payment of an administrative penalty specified in the board's order shall be made to the county within twenty (20) days of service of the order, unless timely appealed to the superior court.

N.

Interest shall accrue on all amounts due under this section at the legal rate, from the effective date of the administrative penalty order to the date payment is made pursuant to the laws applicable to civil money judgments.

In addition to any other legal remedy, whenever the full amount of the administrative penalty has not been fully satisfied within thirty (30) days after the penalty becomes final, the amount owed may be declared a lien on real property owned by the responsible party or parties pursuant to Section 8.54.130 and may also be declared a special assessment against real property owned by the responsible party or parties pursuant to Section 8.54.130. In addition, the county may withhold issuance of licenses, permits and other entitlements for any property owned, possessed or leased by the responsible party whenever an administrative penalty resulting from a violation of this chapter remains unpaid.

O.

Administrative penalties imposed pursuant to this chapter shall also constitute a personal obligation of each responsible party. In the event that administrative penalties are imposed on two (2) or more persons for the same violation, all such persons shall be jointly and severally liable for the full amount of the penalties imposed. In addition to any other remedy, the county may prosecute a civil action to collect any administrative penalty imposed pursuant to this chapter.

P.

The payment of administrative penalties does not bar the county from taking any other enforcement action regarding a violation that is not corrected within the time period stated in the notice of violation. This chapter does not supersede Kern County Ordinance Code Chapter 8.54.

(Ord. G-7482 § 109, 2007)

(Ord. No. G-8739, § 6, 10-24-17)

Any person, business, or owner or possessor of any property who violates this chapter, or who, with the lawful authority to prevent it, causes, permits or allows such a violation, shall be liable in a civil action brought in the name of the county, or in the name of the people of the State of California by the district attorney, in any competent jurisdiction of the state court system for the following: 1) equitable relief which may be issued by the court in order to enjoin any conduct, past conduct, or proposed conduct which constitutes a violation of this title; 2) all costs incurred by the county in enforcing the provisions of this title, including but not limited to, any costs of investigation and abatement; 3) reasonable attorney fees incurred by the county in enforcing the provisions of this title, if the county elects to specifically plead for the recovery of such attorney fees in the complaint, otherwise attorney fees shall not be recoverable by either party; and 4) civil penalties which shall be issued by the court, in an amount not to exceed one thousand dollars ($1,000.00) per violation, after considering the relevant circumstances of the case, including but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the duration of the misconduct, the willfulness of the misconduct, and the defendant's assets, liabilities, and net worth. If applicable, each day a violation of this title continues shall be considered a separate offense. The enforcement provisions and remedies set forth in this section are not exclusive, but are in addition to any other enforcement remedy available to the county under any applicable state or federal statute, the Kern County Ordinance Code, or any other lawful power the county may possess. If any part of this section is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality, shall not affect the validity, lawfulness, or constitutionality of any other part of this section.

(Ord. G-7012 § 65, 2003; Ord. G-6551 § 127, 1998: Ord. G-5684 § 113, 1991: prior code § 7298.06)

(Ord. No. G-8739, § 6, 10-24-17)

Editor's note— Ord. No. G-8739, § 6, adopted Oct. 24, 2017, changed the title of § 19.114.080 from "injunctive relief" to to read as herein set out.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, or any use of land, building or premises conducted, operated or maintained contrary to the provisions of this title or contrary to a permit or variance or the terms and conditions imposed therein is declared to be unlawful and a public nuisance, and the building official and/or the district attorney shall commence action or proceedings for the abatement and removal and/or enjoinment thereof in the manner provided by this code or law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant relief as will abate and remove such building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building, structure or vehicle or using any property contrary to the provisions of this title.

(Ord. G-6551 § 128, 1998: Ord. G-5684 § 113, 1991)

Any violation of this title requiring compliance with development standards contained in this title, or requiring compliance with conditions adopted in conjunction with the issuance of a discretionary permit pursuant to this title, shall not be deemed to be abated until such time as all applicable standards and/or adopted conditions of approval have been satisfied.

(Ord. G-7189 § 100, 2005)

This section establishes procedures for the recovery of administrative costs incurred by the county in the enforcement process, for the abatement of conditions defined as a violation by Section 19.04.879 in cases where no permit is required pursuant to the provisions of this title to abate such violation. These procedures are used where a violation is abated in advance of initiation of the procedures specified by this chapter.

A.

Definition of Costs. For the purpose of this chapter, costs shall mean administrative costs, including staff time expended and reasonably related to violation abatement cases where no permit is required, for items including, but not limited to, attorney's fees, investigation, site inspection and monitoring, reports, telephone contacts, correspondence, photography labs, consultants and meetings with affected parties.

B.

Cost Accounting and Recovery Required. The enforcement personnel shall maintain records of all administrative costs incurred by responsible county departments associated with the enforcement process pursuant to this chapter and shall recover the costs from the property owner as provided by this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the planning director.

C.

Notice of Cost Recovery Requirements. The enforcement personnel shall include in the notice of violation a statement of the intent of the county to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing if he or she objects to such charges. The notice shall state that the property owner will receive, at the conclusion of the enforcement case, a summary of administrative costs associated with the processing of the enforcement case at the hourly rate in effect at the time the case is initiated. The notice shall state that the property owner will have the right to object to the charges by filing a request for hearing with the board of supervisors within thirty (30) days of service of the summary of charges, pursuant to subsection (D) of this section.

D.

Summary of Costs. At the conclusion of the enforcement case, the enforcement personnel shall send a summary of costs associated with enforcement to the property owner by certified mail. The summary shall include a notice which states that if the owner objects to the charges, a request for hearing must be filed as provided by subsection (E) of this section, and that if no such hearing is requested, the owner's right to object will be waived, and he or she will be fully liable for the charges, to be recovered in a civil action in the name of the county, in any court of competent jurisdiction within the county.

E.

Hearing on Objection to Charges. Any property owner who receives a summary of costs pursuant to subsection (D) of this section shall have the right to a hearing before the board of supervisors on his or her objections to the proposed costs, as follows:

1.

Request for Hearing. A request for hearing shall be filed with the planning department within thirty (30) days of the service by mail of the summary of costs, in the form of a letter setting forth the nature of the property owner's objections to the costs.

2.

Scheduling of Hearing. Not less than ten (10) days of the filing of the request for hearing, and on thirty (30) days written notice to the owner, the board of supervisors shall hold a hearing on the owner's objections and determine the validity thereof.

3.

Decision by the Board of Supervisors. In determining the validity of the costs, the board of supervisors shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, whether the present owner created the violation, whether there is a present ability to correct the violation, whether the owner moved promptly to correct the violation, the degree of cooperation provided by the owner, whether reasonable minds can differ as to whether a violation exists. The decision of the board of supervisors shall be final.

F.

Collection of Charges. In the event that no request for hearing is filed pursuant to subsection (E) of this section or after a hearing, the board of supervisors affirms the validity of the costs, the property owner shall be liable to the county in the amount stated in the summary or any lesser amount as determined by the building official. The county shall be reimbursed for all of the costs within forty-five (45) days from the date of decision pursuant to subsection (E) or, if no appeal is filed, within thirty (30) days from the mailing of the summary of costs pursuant to subsection (D) of this section. Payment may be received at the planning department. Delinquent fees shall be subject to a penalty of twenty-five percent (25%) of the total summary of costs. If payment is not received, such costs shall be recoverable in a civil action in the name of the county in any court of competent jurisdiction within the country.

(Ord. G-7012 § 66, 2003; Ord. G-6551 § 129, 1998: Ord. G-6077 § 368, 1994: Ord. G-5966 § 158, 1993: Ord. G-5684 § 115, 1991)