A.

This Chapter provides for administrative and enforcement procedures associated with the approval of specific land uses and development within the County. It specifies the level of review and determines the type of permit required, if any, for land uses listed in the Allowable Uses and Permit Requirements Tables found in "Zoning" sections of this Chapter. It also provides the appropriate permitting authority for each review or permit. All proposed land uses and development shall comply with one (1) of the following reviews and/or require one (1) of the following permits:

1.

Zoning compliance and building permit issuance, if required.

2.

Administrative Development Permit.

3.

Development Permit.

4.

Use Permit.

B.

This Section also provides processing procedures associated with variances and amendments to the zoning ordinance, permit time limits, revocation, appeals, and fees, regulations associated with nonconforming uses and structures, and enforcement procedures.

(Ord. 2533. (12/05/2023))

The following Table 12.05.020 Permitting Authority provides a summary of which County body reviews, recommends, and takes action on land use permits.

Table 12.05.020
Permitting Authority

Footnotes:

⁽¹⁾  Whenever multiple project applications are processed concurrently, such applications shall be considered by the Planning Commission, except as provided for in Zoning, Administration and Enforcement Development Permits.

⁽²⁾  The Planning Commission shall consider commercial, industrial, and other nonresidential Development Permits of ten thousand (10,000) square feet or more.

⁽³⁾  The Planning Commission shall consider Use Permits for mining and reclamation plans, mobile home parks, campgrounds and camps, and commercial, industrial, and other nonresidential development of ten thousand (10,000) square feet or more.

⁽⁴⁾  Design Review shall be conducted by the Planning Agency with permitting authority for the project as a whole; e.g., the Planning Commission shall conduct design review for all projects being considered by the Planning Commission, and the Zoning Administrator shall conduct design review for all projects being considered by the Zoning Administrator. Administrative permits subject to design review will also be reviewed by the Zoning Administrator.

⁽⁵⁾  The Planning Commission recommends amendments to the Board of Supervisors for final decision.

⁽⁶⁾  The Planning Commission shall consider Boundary Line Adjustment between five (5) or more parcels.

⁽⁷⁾  The Planning Commission shall consider Tentative Parcel Maps as required by the Subdivision Ordinance.

⁽⁸⁾  The Zoning Administrator shall consider pre-grading projects that exceed one (1) acre of disturbance and any pre-grading project not exempt from CEQA.

(Ord. 2533. (12/05/2023))

A.

Purpose. To provide a procedure by which new development can be reviewed for compatibility with surrounding development, natural resources, and/or historic features within the project area. Consistent with numerous General Plan Policies, Design Review is intended to determine that each project:

1.

Reflects and retains the rural and historic, small-town character of the County;

2.

Ensures each community's unique character, identity, and distinctiveness, and provides for interrelated design that encourages village centers as functional, cultural centers and creates a visual identity for the Community;

3.

Encourages visual relief through varied forms, patterns, and styles unified through landscaping, screening, and selected architectural features;

4.

Retains natural landforms and native landscaping, protects sensitive environmental resources, and encourages open space.

B.

Applicability. Design Review shall be required for all Development Permits and Use Permits for commercial, industrial, and multi-family projects, for structural changes to the exterior of commercial or industrial buildings, and for exterior visual changes to a project approved by a previous land use permit, unless specifically exempted within a specific section of this Chapter. Exempt from design review are large family daycare homes, home businesses, temporary recreational vehicles, guest houses and wineries.

C.

Standards. All applicable projects shall be reviewed for consistency with any adopted Design Guidelines and for compatibility with the surrounding area. The following design features shall be considered in the review of applicable projects:

1.

The location and treatment of the site as related to its natural setting, including proposed grading, cuts and fills, the preservation of trees and significant natural features.

2.

Setbacks from property lines in relationship to other development in the project area.

3.

The height, bulk and area of proposed buildings in relationship to other buildings on the site or in the project area.

4.

The color, textures and materials of the exterior walls.

5.

The type, pitch and material of roofs.

6.

The architectural treatment of the proposed project as related to any historic structures in the project area.

7.

Landscaping and parking lot layout.

8.

The type, size, location of signs.

9.

Energy efficiency, consistent with adopted Nevada County Design Guidelines.

D.

Procedure. Design Review for all applicable projects shall be conducted by the permitting authority for the project, established in permitting authority of this Chapter.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A.

Purpose. Uses associated with zoning compliance are those uses determined to be most clearly consistent with the purpose of the applicable zoning district. Such uses may involve little or no development and no formal permit approval is required. Examples include farming and ranching uses. Such uses involving construction of structures shall also require site plan review to ensure that all applicable zoning requirements, such as building setbacks, height limits, parking requirements, etc., will be met, as well as associated building permits. Examples include single-family dwellings and residential and agricultural accessory uses and structures.

Zoning compliance review shall ensure the mitigation of cumulative impacts of the construction of specific allowable land uses on public facilities and the environment and the protection of the public health, safety and welfare. It certifies that the land use will satisfy all applicable provisions of the County Code.

This review may authorize the issuance of a building permit under "Building" of this Code.

B.

Procedure. A request for zoning compliance not requiring issuance of a building or other construction permit shall be filed with the Planning Department using forms provided. Upon determination by the Planning Director that the proposed use is consistent with the provisions of the applicable district(s), the request shall be granted.

Zoning compliance requiring issuance of a building or other construction permit shall occur through review and approval of a site plan. A site plan shall be filed with, and be a part of, the building permit application and shall be accompanied with the appropriate fees pursuant to the latest adopted resolution of the Board of Supervisors. The Planning Director shall issue the zoning compliance after determining that the site plan complies with all applicable provisions and standards of this Chapter, accompanied by written findings supporting the determination of zoning compliance.

C.

Site Plans. Site plans required above shall consist of maps, diagrams, plans, elevations, etc., and/or written reports and other information as prescribed by the Planning Director necessary to adequately describe the project. Such description shall include where applicable:

1.

Parcel dimensions.

2.

The proposed location, use, size, and height of all existing and proposed structures.

3.

The location, number of spaces, and dimensions of all parking.

4.

Primary and secondary access and internal circulation patterns.

5.

The location and type of all existing and proposed landscaping.

6.

The location, size, height, and type of all signs.

7.

The location and general nature of all lighting.

8.

All applicable resources listed in Sewage Disposal Standards of Title 13, and all designated open space areas.

9.

Yards, fences, walls, and other site design features.

10.

All existing and proposed public facilities and utilities.

D.

Payment of Fees. The payment of fees established by the latest resolution of the Board of Supervisors shall be payable pursuant to "Filing Fees" and to sections governing "Mitigation and Development fees" of this Chapter.

(Ord. 2533. (12/05/2023))

A.

Purpose. Uses requiring a Development Permit are those that are generally consistent with the purpose of the zoning district but require careful review to ensure compliance with all site development standards of the County Code. Administrative Development Permits provide for those smaller development projects where the review ensures consistency with Code standards. Larger development projects require either Zoning Administrator or Planning Commission review to allow an opportunity for public input.

B.

Conformance to Chapter. Any Development Permit issued pursuant to this Code shall conform to the requirements of this Chapter.

1.

Conformance to Regulations. Any Development Permit issued pursuant to this Section shall conform to all other laws and requirements of the County Code. No building permit shall be issued for any structure until any special district that provides regular service to the project has entered into a will-serve agreement with the developer off-setting the impacts to the District.

2.

Compliance Required. No person shall fail to comply with any approved Development Permit or any conditions or provisions thereof. No building permit shall be issued for any structure which would violate or fail to comply with any approved Development Permit and conditions for the parcel or parcels on which such structure or use is to be located.

3.

Time Limits and Extensions. Permit time limits and extensions shall comply with sections governing Permit Time Limits.

4.

Payment of Fees. The payment of fees established by the latest resolution of the Board of Supervisors shall be payable pursuant to "Filing Fees" and "Mitigation and Development Fees."

C.

Development Permit Required. A Development Permit application shall be filed by the owner of the property for which the Development Permit is sought or by the authorized representative of the owner. The application shall be filed with the Planning Department on forms provided by the Department, accompanied with the appropriate fees pursuant to the latest adopted resolution of the Board of Supervisors. The permit application shall include submission of a site plan consistent with sections governing "Design Review" of this Chapter and shall consist of maps, diagrams, plans, elevations, etc., and/or written reports and other information as prescribed by the Planning Director in the application packet.

D.

Appeals. Appeals from the decision of the Planning Agency shall be pursuant to sections governing Appeals of this Chapter.

E.

Level of Processing. The level of review and type of Development Permit required to authorize uses identified by this Chapter are as follows:

1.

Review Level. Based on the level of review determined by Table Development Permit Level of Processing, each land use permit shall meet one (1) of the following:

a.

Administrative Development Permits shall meet the requirements of Section "Administrative Development Permit;"

b.

Zoning Administrator/Planning Commission Development Permits shall meet the requirements of a "Development Permit."

2.

Most Restrictive Use. When a project involves more than one (1) use listed on the table or both a listed use and a development characteristic, the most restrictive permit requirement shall apply.

3.

Multiple Projects. Whenever multiple project applications required by this Section are processed concurrently for the same project, including one (1) or more Administrative Development Permits and one (1) or more Zoning Administrator Development/Planning Commission Development Permits, such applications shall be heard by the hearing body with authority for the permit requiring the higher level of review.

4.

Referral to the Zoning Administrator or Planning Commission. The Planning Director may refer an Administrative Development Permit to the Zoning Administrator, and either the Planning Director or Zoning Administrator may refer a Development Permit to the Planning Commission for a public hearing, consideration, and approval or denial. Such referral may occur at the discretion of the Planning Director or Zoning Administrator when it is deemed necessary because of General Plan consistency issues, County policy implications, unique or unusual environmental, infrastructure, or land use incompatibility issues, the scale of the project, or other factors determined by the Planning Director or Zoning Administrator to be sufficiently significant to warrant Planning Commission review.

The Planning Commission shall automatically consider development permits involving commercial, industrial, or other nonresidential development of ten thousand (10,000) square feet total gross floor area and outdoor storage, and development permits combined with any other application requiring Planning Commission consideration.

5.

Level of Processing Table. To determine the required land use permit to establish an allowed use, and the level of planning agency review required, a proposed project must be compared with each Land Use Activity and Standard listed in Table, Development Permit Level of Processing:

Table 12.05.050
Development Permit Level of Processing:
Commercial / Industrial / Multi-Family Development Permits

Footnotes:

⁽¹⁾  If any of the following apply, the Zoning Administrator shall review the project:

^(a)  Two (2) or more multi-family dwelling units constructed in conjunction with two (2) or more structures built in a two-year (2) period.

^(b)  The site is within the Sphere of Influence of a city/town limit (except for 1.a. above)

^(c)  There is evidence that the Level of Service standards found in General Plan Policy 3.10 are currently being exceeded or will be exceeded with approval of the project.

^(d)  Site disturbance is in excess of ten thousand (10,000) cubic yards of soil and/or more than ten (10') feet in depth.

⁽²⁾  The Planning Commission shall consider multi-family development of ten (10) or more units, or projects that include more than one (1) structure.

⁽³⁾  The Planning Commission shall consider development of ten thousand (10,000) square feet or more.

⁽⁴⁾  Shall be determined by the parking requirements in Section 12.04.109 and the Uniform Building Code occupancy loads. If the new use requires more parking or the occupancy increases by fifty percent (50%) or more for the new use, it shall be considered to be of a greater intensity.

⁽⁵⁾ One (1) or more additions totaling not more than four hundred (400) square feet during any one-year period shall be allowed subject only to zoning compliance and building permit issuance.

⁽⁶⁾ The Zoning Administrator shall consider pre-grading projects that exceed one (1) acre of disturbance and any pre-grading project not exempt from CEQA.

(Ord. 2533. (12/05/2023))

A.

Purpose. To provide a review process for low intensity land uses and development allowed by this Chapter. Those land uses that qualify under the provisions of this Section require the filing of an application for an Administrative Development Permit with the Planning Department to determine that all applicable development standards of the code have been met.

B.

Administrative Development Permit Processing. Administrative Development Permit applications shall be submitted to the Planning Department and shall be processed as follows:

1.

Distribution. Upon receipt of a completed application, the Planning Director shall distribute the application to all affected County Departments and public agencies and shall allow such agencies and departments twenty-one (21) days to respond with their comments.

2.

Design Review. Administrative Development Permits are subject to design review by the Zoning Administrator unless otherwise exempted from review by this Chapter.

3.

Review and Approval. Upon receiving all agency and departmental requirements, the Planning Director shall, prior to the expiration of ten (10) days, approve or approve with conditions necessary to bring the project into compliance with the Code, all applicable State laws, and ordinance requirements of any affected special districts, or deny the project if it is determined to be inconsistent with the Nevada County General Plan or does not comply with the provisions of this Code or other applicable laws.

(Ord. 2533. (12/05/2023))

A.

Purpose. To provide a review process for medium and high intensity land uses and development allowed by this Chapter. Because of the intensity of such uses, public review and input into the decision-making process is needed to provide the Zoning Administrator (ZA) or Planning Commission (PC) with adequate information necessary to mitigate any adverse effects such uses may have on their surroundings.

B.

Notice and Hearing. Following acceptance of an application, the ZA/PC shall hold a public hearing(s) on the application. Notice shall be given pursuant to Section governing Public Hearing Notice.

C.

Decision and Findings. The ZA/PC shall approve, approve subject to Development Permit requirements:

1.

The proposed use is consistent with the General Plan and its goals, objectives, and policies, with the General Plan Land Use Maps and with any Area or Specific Plan or development agreements in effect within the project area;

2.

The proposed use is allowed within and is consistent with the purpose of the zoning district within which it is located;

3.

The proposed use and any facilities meet all applicable provisions of this Code, including, without limitation, design and siting to meet the intent of the Site Development Standards mitigating the impact of development on environmentally sensitive resources;

4.

The design of any facilities for the proposed use are consistent with the intent of the design goals, standards, and elements of this Chapter and will be compatible with the design of existing and anticipated future on-site uses and the uses of the nearby surrounding area;

5.

The site for the proposed use is adequate in size and shape and location to accommodate the proposed use and all facilities needed for that use and reasonable expansion thereof, if any, and to make appropriate transitions to nearby properties and permitted uses thereon, without compromising site development standards;

6.

The proposed use and facilities are compatible with, and not detrimental to, existing and anticipated future uses on-site, on abutting property and in the nearby surrounding neighborhood or area;

7.

Adequate provisions have been made for water and sanitation for the proposed use, and if available, for transition to public water and/sewer;

8.

Highways, streets, and roads on and near the site are adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use and adequate provision has been made for project specific impacts and the cumulative effect traffic generated by the proposed use so that it will not create or add to an identified problem before construction of needed improvements for which a development fee has been established and imposed upon the project;

9.

Adequate provisions have been made for emergency access to the site;

10.

Adequate public facilities and public services exist or have been provided for within the project area which will be available to serve the project without decreasing services levels to other areas to ensure that the proposed use is not detrimental to the public welfare;

11.

All feasible mitigation measures have been imposed upon the project; and

12.

The conditions provided in the decision are deemed necessary to protect the public health, safety, and general welfare. Such conditions may include, but are not limited to:

a.

Regulation of use, setbacks, buffers, fences, walls, vehicular ingress and egress, signs, noise, vibration, odors, the time of certain activities, duration of use, and time period within which the proposed use shall be established.

b.

Require the surfacing of parking areas subject to County specifications, street, service road, or ally dedications and improvements or bonds, and landscaping and the maintenance thereof.

c.

Such other conditions as will make possible the development of the County in an orderly and efficient manner and ensure conformity with the purpose of this Section.

D.

Amendments to Permit or Conditions. Any ZA/PC Development Permit may be modified by an amendment to the Permit and shall be approved by the ZA whenever the modification requested does not qualify for administrative approval as a minor change pursuant to Section governing Minor Changes to an Approved Project. An amendment is herein defined as any modification or expansion to the approved use or conditions of approval. The amendment shall be processed in a similar fashion to the original Permit. Any such application shall constitute a project requiring environmental review under CEQA.

It is the intent of this Section to recognize the rights of permittees to proceed with development and use of their property in conformity with approvals previously given by the County while allowing for minor modifications in the use and/or development of property as embodied in such approvals. Therefore, it is hereby declared and established that the scope of review for any amendment to a Permit shall be limited to the effect of the proposed amendment as compared to the existing development plan, and findings shall be required only as to matters which are affected by the amendment.

Notwithstanding the above, an amendment to a Permit may not be approved which would extend the time limits for the development and use of the property.

E.

Appeals. Appeals from the decision of the Planning Agency shall be pursuant to Section governing Appeals.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A.

Purpose. To provide for those land uses that may be appropriate and compatible in a zoning district, depending on the design of the individual project and the characteristics of the proposed site and surrounding area. Such uses may either raise major land use policy issues or create serious problems for adjoining properties or the surrounding area if such uses are not properly designed and located. It is the intent of this Section to establish appropriate standards for permit processing and the location, design and operation of such land uses, to avoid their creating problems or hazards, to provide for the compatibility of such land uses with adjacent properties and the surrounding area, and to assure their consistency with the General Plan.

B.

Conformance to Chapter. Any Use Permit issued pursuant to this Section shall conform to the definitions and requirements of this Chapter.

1.

Conformance to Regulations. Any Use Permit issued pursuant to this Section shall conform to all other laws and requirements of the County Code. No building permit shall be issued for any structure until any special district which provides regular services to the project has entered into a will-serve agreement with a developer and has certified to the building official that such agreement has been fulfilled.

2.

Compliance Required. No person shall fail to comply with any approved Use Permit or any conditions or provisions thereof. No building permit shall be issued for any structure which would violate or fail to comply with any approved Use Permit for the parcel or parcels on which such structure or use is to be located.

3.

Permit Time Limits. See Section governing Permit Time Limits.

C.

Use Permit Application Content. A Use Permit application shall be filed with the Planning Department, signed by the owner of the property for which the Use Permit is sought or by the authorized representative of the owner. Filing shall be on forms provided by the Planning Department, accompanied by appropriate fees pursuant to the latest adopted resolution of the Board of Supervisors.

The application shall consist of maps, diagrams, plans, elevations, written reports, and other information as prescribed by the Planning Director, necessary to adequately describe the project. Such information shall be adequate to evaluate the proposal and demonstrate compliance with the General Plan, zoning ordinance and other related chapters of the County Code.

D.

Scope of Review. Where the Planning Director considers the application for a Use Permit as incomplete, the applicant shall be so notified. Acceptance of an application does not constitute an indication of completeness or approval.

E.

Notice and Hearing. Following the acceptance of an application, the Planning Agency shall hold a public hearing(s) on the application. Notice shall be given pursuant to Section governing Public Hearing Notice.

F.

Planning Agency Level of Processing.

1.

New construction, or additions to existing construction, for uses that have been established pursuant to a use permit, that do not exceed four hundred (400) square feet, shall be allowed subject only to zoning compliance and building permit issuance, providing that the addition or new construction does not conflict with the mitigation measures, conditions or findings of any previously granted use permit for the subject site, and that no more than one (1) such project can be so approved in any five-year period.

2.

The Zoning Administrator shall have the responsibility to make determinations on Use Permits as established by Table 5.2 of this Section, with the exception of those Use Permits listed below for which the Planning Commission shall have the responsibility to make determinations:

a.

Mining and reclamation plans.

b.

Mobile home parks.

c.

Campgrounds and camps.

d.

Commercial, industrial, and other nonresidential development of ten thousand (10,000) square feet or more of total gross floor area and/or outdoor storage/use area.

G.

Findings for Approval or Denial. The Planning Agency shall approve, approve with conditions or disapprove the application within thirty (30) days after the conclusion of a public hearing. Approval or conditional approval shall be granted only when findings can be made as found in Section governing "Development Permit."

H.

Amendments to Permit or Conditions. Any use may be modified by an amendment to the Use Permit approved by the Planning Agency body having original jurisdiction to hear the Use Permit application whenever the modification requested does not qualify for administrative approval as a minor change pursuant to Section governing "Minor Changes to an Approved Project." An amendment is herein defined as any modification or expansion of the approved use or conditions of approval. The amendment shall be processed in a similar fashion to the original Permit. Any such application shall constitute a project requiring environmental review under CEQA.

It is the intent of this Section to recognize the rights of permittees to proceed with development and use of their property in conformity with approvals previously given by the County while allowing for minor modifications in the use and/or development of property as embodied in such approvals. Therefore, it is hereby declared and established that the scope of review for any amendment to a Use Permit shall be limited to the effect of the proposed amendment as compared to the existing Use Permit, and finding shall be required only as to matters which are affected by the amendment.

Notwithstanding the above, an amendment to a Use Permit may not be approved which would extend the time for the development and the use of the property.

I.

Appeals. Appeals from the decision of the Planning Agency shall be pursuant to "Appeals" Section.

(Ord. 2533. (12/05/2023))

A.

Purpose. To provide a procedure to allow a variation from the strict application of the provisions of this Chapter where special circumstances pertaining to the physical characteristics of the site are such that the literal enforcement of the requirements of this Chapter deprives such property of privileges enjoyed by other properties in the vicinity and under identical zoning classification.

B.

Definitions.

1.

Variance means a departure from any provision of this Chapter for a specific parcel, except use, without changing the provisions of this Chapter or the zoning of the parcel. It may only be granted upon demonstration of a hardship based on the peculiarity of the property in relation to other properties in the same zoning district.

C.

Application and Filing. An application for a variance shall be filed by the owner of the property for which the variance is being sought or by their authorized representative. The application shall be filed with the Planning Department on forms provided by the Planning Department accompanied with the appropriate fees pursuant to the latest adopted resolution of the Board of Supervisors and shall consist of maps, diagrams, elevations, etc., and/or written reports, and other information as prescribed by the Planning Director, necessary to adequately describe the proposal. Such information shall be adequate to evaluate the proposal and demonstrate that findings necessary to approve a variance can be made as well as meet all other requirements of the General Plan, Zoning Ordinance and other relevant Chapters of the County Code.

D.

Notice and Hearing. Following acceptance of an application, the Planning Agency shall hold a public hearing(s) on the application. Notice shall be given pursuant to Section governing "Public Hearing Notice."

E.

Decisions, Findings and Conditions. The Zoning Administrator shall approve, approve subject to conditions, or disapprove a variance as set forth hereinafter. Approval or conditional approval shall be granted only when the Zoning Administrator first determines that the variance satisfies the standards set forth in Cal. Gov't Code § 65906 by finding that:

1.

The variance, if granted, does not constitute the granting of a special privilege inconsistent with the limitations placed on other properties in the vicinity and in the same zoning district in which the subject property is located;

2.

There are special circumstances applicable to the subject property including size, shape, topography, location or surroundings and because of these circumstances, the strict application of the provisions of this Chapter would deprive the subject property of privileges enjoyed by other properties in the vicinity and in the same zoning classification;

3.

The variance does not authorize a use not otherwise authorized by the zoning district in which the property is located;

4.

The granting of the variance does not, under circumstances and conditions applied in the particular case, adversely affect the public health, safety, or welfare, the integrity and character of the District, nor the utility and value of nearby property;

5.

The variance is consistent with the Nevada County General Plan; and

6.

The variance is the minimum departure from the requirements of this Chapter necessary to grant relief to the applicant.

F.

Permit, Issuance. The Chief Building Inspector shall authorize construction only after the conditions upon which such permit was authorized to be issued, have been either fulfilled, or if they deem reasonable, adequate guarantees that such conditions will be fulfilled, have been given by the applicant.

G.

Appeals. Appeals from the decision of the Planning Agency shall be pursuant to Section governing "Appeals."

(Ord. 2533. (12/05/2023))

An applicant may request minor changes to an approved land Use Permit, including uses within a Planned Development, but not including subdivisions, in writing, and shall furnish appropriate supporting materials and an explanation of the reasons for the request. Minor changes may be required either before or after construction, or establishment and operation of the approved use.

The Planning Director may authorize minor changes to an approved site plan, design, or the nature of the approved use, if the changes meet all of the following standards:

1.

Are consistent with the applicable provisions of this Chapter.

2.

Do not involve a feature of the project that was specifically addressed or was a:

a.

Basis for findings in a negative declaration or environmental impact report for the project,

b.

Basis for conditions of approval for the project,

c.

Specific consideration by the granting authority in the approval of the permit.

3.

Do not result in an expansion of the approved project, other than as necessitated by building code requirements. Expansion of a use precluded by this Subsection may be defined to include increases in area square footage, or in a greater intensity of use, including uses that require increased parking and/or occupancy loads, or that require environmental review.

4.

Do not allow revised access to existing and/or additional roads beyond that originally allowed.

5.

Do not allow an increase in height above the ordinance standards or by more than ten percent (10%) of the approved project, whichever is less.

The Planning Director shall inform the granting authority in a timely manner of any such approvals.

(Ord. 2139. (04/15/2004); Ord. 2533. (12/05/2023))

A.

Amendment Requests. An amendment to either the Nevada County General Plan and/or Zoning Ordinance may be initiated by the Board of Supervisors or by the Planning Commission. An amendment may also be requested by petition from a group or individual, provided that an amendment to change the Plan designation or rezone property must be petitioned by the property owner.

B.

Application Content. An amendment request by a group or individual shall be on a form prescribed by the Planning Agency. The form shall set forth the request, shall identify the zone district proposed, shall include any related facts, circumstances or other information as needed, and shall be filed with the Planning Department with the appropriate filing fees. The form shall include a statement justifying the need for the amendment, why the amendment is in the public interest, and how the amendment will ensure consistency with the Nevada County General Plan.

C.

General Plan Amendment Economic Analysis. All General Plan amendment requests shall include an economic analysis. The analysis shall be prepared by a qualified professional and shall address the impact of the amendment on County economic policy and programs. It shall emphasize the impact of the amendment on the short-term and long-term jobs/housing balance, including the land use designations of the General Plan intended to achieve a jobs/housing balance.

D.

Notice and Hearing. Following acceptance of an application, the Planning Commission shall hold a public hearing(s) on the application. Notice shall be given pursuant to Section Public Hearing Notice.

E.

Review and Action by the Planning Commission. After the hearing, the Planning Commission shall render its decision in the form of a written report and recommendation to the Board of Supervisors. The Commission shall include the reasons for the recommendation and the relationship of the amendment to the Nevada County General Plan.

F.

Review and Action by the Board of Supervisors. The Board of Supervisors may approve, modify, or disapprove any recommendation of the Planning Commission. If the Board proposes to adopt any substantial modification to the amendment not previously considered by the Commission during its hearing, the proposed modification shall be referred back to the Commission for its recommendation in compliance with State law (Cal. Gov't Code § 65356 for General Plan amendments and Cal. Gov't Code § 65857 for zoning ordinance amendments).

G.

Findings. An amendment to the General Plan or zoning ordinance may be approved only if all of the following findings are made:

1.

The proposed amendment is consistent with and furthers the goals, objectives, policies, and implementation measures of the General Plan and the provisions of this Code;

2.

The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the County;

3.

For General Plan land use map and zoning district map amendments, the site is physically suitable for the requested Plan designation(s) and zoning district(s) and anticipated land use development(s). Factors considered to evaluate suitability shall include access, provision of public facilities and utilities, compatibility with nearby land uses, and presence or absence of resources and constraints as found in the Resource Standards.

H.

Concurrent Development Permits Filed for Processing. When other project applications required by this Chapter and the Chapter governing Comprehensive Site Development Standards are filed concurrent with a proposed Plan and/or rezoning amendment application, the legal time limits for processing pursuant to Cal. Gov't Code §§ 65950—65957.5. shall not commence until the Board of Supervisors' resolution and/or ordinance adopting the change becomes effective.

I.

Appeals. Appeals from the decision of the Planning Agency shall be pursuant to Section governing "Appeals" of this Chapter.

A.

Project Completion. Whenever the use of land, including but not limited to use of or right to construct any structure, is authorized, pursuant to any permit (including but not limited to Development Permits, and Use Permits, but not variances) in accordance with this Chapter, construction shall be completed thereon within three (3) years from the effective date of the approval of such permit by the Planning Agency; otherwise, the permit shall become null and void as to any portion of the use not completed unless an extension of time is granted pursuant to this Section.

It shall be the responsibility of the developer alone to monitor the time limits and make diligent progress on the approved project, so as to avoid permit expiration.

B.

Extensions of Time. For all land use permits, extensions of time may be granted by the Planning Agency body having original jurisdiction to consider the use permit/development permit application, as follows:

1.

Requests for extensions of time shall be filed with the Planning Department prior to the expiration date of the original permit, accompanied by filing fees established by the most current resolution of the Board of Supervisors.

2.

The applicant must show reasonable cause for the extension. Reasonable cause is defined as circumstances beyond the applicant's control which have prevented the applicant from taking sufficient action in a timely manner.

3.

No more than two-year (2) extensions of time may be granted.

Notwithstanding subsection "Phased Projects" below, all land use permits in effect and not expired as of January 1, 2009, are granted an automatic two-year (2) extension of time to complete construction, whether or not commenced as of that date, and to commence the permitted use. This extension is in addition to any other extensions provided for by this Section.

C.

Phased Projects. For permits for which phased development or phased occupancy is approved, one (1) of the following must occur:

1.

The phasing, including appropriate conditions of approval as they apply to phasing, shall be established by the original permit conditions or as amended. Time limits for completion of construction shall be established by the permit conditions, but in no case shall exceed seven (7) years from the date of land use permit approval.

2.

The Planning Director may authorize phased temporary occupancy of the property and any structures and/or facilities developed thereon for permits not previously approved for phasing provided that:

a.

No structure may be occupied unless it would separately (individually) qualify for the issuance of a Certificate of Occupancy under the applicable building and fire code authority.

b.

The phased occupancy will not constitute an increase in fire hazard or safety above that contemplated for the completed development, as determined by the appropriate fire safety authority.

c.

All on-site and off-site public improvements are completed, including, but not limited to roads, adequate sewage and water improvements.

d.

If individual wells or septic systems are utilized, they shall be installed and shall meet all Health Department standards for the phased portion.

e.

Adequate on-site parking and circulation is provided for the structures to be occupied, pursuant to the approved site plan and Section governing Parking in "Comprehensive Site Development Standards."

f.

A site improvement agreement with adequate surety or other guarantee, as provided in "Guarantee of Performance" may be required if needed to insure for the improvements to the site.

In no event shall the approval for phased temporary occupancy provide or otherwise extend the time limits for the project completion beyond those established in the permit or, absent same, established by this Chapter.

Any request for approval of a phased occupancy shall be accompanied by a fee as may be established by resolution of the Board of Supervisors.

D.

Construction Permits. Construction permits, including grading permits, shall not be issued for projects that are within sixty (60) days of the expiration of the land use permit unless the applicant adequately demonstrates to the Planning Director that the project can satisfy the time limit provisions of this Chapter.

E.

Mining Use Permits. For mining Use Permits, the permit shall specify a time limit specific to the operation. If no such time limit is specified, the permit shall expire after five (5) years.

F.

Stay Periods.

1.

The time limits for permits specified by this Section begin at the close of the appeal period following the Planning Agency's decision, unless the permit is stayed for one (1) or more of the following reasons:

a.

The decision of the Planning Agency is appealed to the Board of Supervisors.

b.

A development moratorium is imposed after approval of the permit.

c.

A lawsuit involving the permit is or was pending in a court of competent jurisdiction.

2.

Upon decision by the Board of Supervisors, the development moratorium is lifted, or a final judgment in the litigation is entered or the litigation is dismissed, the permit shall be valid for the same period of time as was originally left to run on the permit, provided that if the remaining time is less than two (2) years, the permit shall be valid for two (2) years. The length of stay under this Subsection shall not exceed seven (7) years.

3.

No use of property shall occur pursuant to a Development Permit approved under this Section nor Use Permit issued pursuant to this Chapter, nor shall any building permit be issued pursuant to any such Development Permit or Use Permit for any construction at an elevation above five thousand (5,000') feet until the Chief Building Inspector of the County of Nevada or his authorized agent determines that the soil conditions for the project site are adequate to accommodate construction activities.

G.

Applicability. No permit issued pursuant to this Chapter shall be affected by any change to the County's General Plan or any change to this Chapter so as to impair the right to develop any property in accordance with any permit issued pursuant to this Chapter. Nothing herein shall be deemed to constitute a waiver of any required condition of approval attached to any such permit, including but not limited to any condition relating to the sequence of development.

(Ord. 2284. (03/24/2009); Ord. 2533. (12/05/2023))

A.

Purpose. To provide procedures for securing revocation of previously approved land use permits.

B.

Notice and Hearing. For those permits requiring a public hearing at the time of approval, the body considering revocation shall hold a public hearing(s) on the application. Notice shall be given pursuant to Cal. Gov't Code § 65900 and section governing Public Hearing Notice of this Chapter. Written notice of intention to revoke the permit shall be mailed to the applicant not less than ten (10) days before the public hearing.

C.

Review Authority and Grounds. The body that originally approved the permit (including, but not limited to, Development Permits, Use Permits and variances) may revoke the permit. Grounds for revocation include, but are not limited to:

1.

Non-compliance with conditions of approval, mitigation measures or the approved site plan.

2.

Violation of any law in connection with the permit.

3.

Expansion of the use or structure without amending the existing permit or receiving a new permit.

4.

Operating in a manner that threatens or is injurious to the public health or safety or constitutes a nuisance.

5.

The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit.

6.

Circumstances under which the permit was granted have been changed by the applicant to a degree that one (1) or more of the findings contained in the original permit can no longer be made and the public health, safety, and welfare require the revocation.

(Ord. 2533. (12/05/2023))

A.

Purpose. To establish procedures to be used by the Board of Supervisors in conducting public hearings on appeals of land use matters. These procedures provide for a fair and orderly hearing process in which all interested parties are accorded an opportunity to be heard.

B.

Application. The provisions of this Section apply to all appeals of land use applications and the action taken thereon by the Planning Agency. Additionally, the Board of Supervisors may use such provisions of this Section in conducting public hearings on other land use matters before them.

C.

Standing to Appeal. Any applicant for a land use permit or other approval, including a petition for a General Plan amendment or rezoning, and any interested party in any such application or petition, shall have the right to file an appeal to the Board of Supervisors on any decision of the Planning Agency.

D.

Appeal Periods. An appeal of any decision of the Planning Agency shall be filed with the Clerk of the Board of Supervisors, in the manner specified in this Section, within ten (10) calendar days from the date of the Planning Agency's action, except amendments to the General Plan or zoning ordinance which shall be filed within five (5) calendar days. Any such appeal shall be accompanied by the appropriate fee, which shall be paid to the Clerk of the Board of Supervisors.

E.

Stay of the Planning of Agency's Action. The filing of such an appeal within the above stated time limits shall stay the effective date of the Planning Agency's action until the Board of Supervisors has acted upon the appeal.

F.

Requirements for Statement on Appeal. An appeal shall only be filed on the official form provided by the Clerk of the Board of Supervisors together with such additional information as may be necessary. A statement of appeal shall include, but not limited to:

1.

Identification of the project and the decision of the Planning Agency action which is the basis of the appeal.

2.

A statement of the reasons for the appeal.

3.

A statement of the specific provisions which are being appealed.

4.

A statement of the changes or action requested of the Board of Supervisors.

5.

A summation of the arguments to be raised by the applicant.

6.

Identification of the appellant.

G.

Review of Notice of Appeal by Board of Supervisors. Upon the filing of an appeal with the Board of Supervisors, the Clerk shall present such appeal to the Board of Supervisors at their next regular meeting. At that time the Board shall determine if the Appeal was filed within the applicable time limits and shall summarily reject any appeal that is filed beyond the time limits prescribed herein. Further, the Board shall determine if the Appeal contains sufficient information as required by this Section. If the Board determines that the information as supplied in the Appeal is incomplete, it may:

1.

Summarily reject the Appeal for any such insufficiency of statement on Appeal; or it may

2.

Instruct the Clerk of the Board of Supervisors to immediately notify the appellant of the insufficiency and allow the appellant an additional seven (7) working days in which to correct any such deficiency. If upon the expiration of any additional time, the Board determines that the statement on Appeal is still insufficient, it shall summarily reject the Appeal.

H.

Board's Authority to Summarily Reject or to Set Appeal for Hearing. Upon presentation of the Notice of Appeal, together with the required statement on Appeal, to the Board of Supervisors, the Board may summarily reject the Appeal if they find that the matter being appealed is a requirement of law, or if they by unanimous vote find the appeal unmeritorious; or the Board may set the matter for public hearing as soon as time on their agenda permits, and in accordance with any other time requirements of law. Board's Authority to Review Planning Agency Matters. The Board of Supervisors shall have the right, by majority vote within ten (10) calendar days from the date of the Planning Agency's action, to review any decision of the Planning Agency. Any such review as initiated by the Board shall be regarded as a full hearing de novo (new hearing), excepting that the provisions of Subsections E, J, and K of this Section shall apply.

I.

Notice and Hearing. Following a determination by the Board to set the matter for public hearing, the Board shall hold such hearing pursuant to Section governing Public Hearing Notice.

J.

Hearing Procedures. At the time and place set for any hearing as provided for herein, the Board of Supervisors shall conduct any such appeal hearing as a full hearing de novo on the project, without limitation as to the issues that may be raised, or as to the evidence that may be received. Any such hearing shall be conducted as follows:

1.

Staff presentation.

2.

Presentation by appellant which shall be limited to fifteen (15) minutes.

3.

Presentation by project proponent (if different party than appellant) which shall be limited to fifteen (15) minutes.

4.

Public hearing: The Board may limit any person's input to not less than three (3) minutes in which to give testimony.

5.

Summation by project proponent: Ten (10) minutes.

6.

Summation by appellant: Ten (10) minutes.

7.

Rebuttal by members of the public: Two (2) minutes.

8.

Staff summation.

In the event that anyone desiring to testify before the Board of Supervisors desires to present more information to the Board than may be accomplished within the time limits set forth above, such person shall be permitted to present such information to the Board in writing, within five (5) working days prior to the date set for the appeal hearing. Any such information shall be submitted to the Clerk of the Board of Supervisors no later than the end of the fifth working day prior to the date of the hearing.

K.

Action by the Board.

1.

At the conclusion of the Appeal Hearing, the Board of Supervisors may sustain, overrule or modify any action of the Planning Agency. The power of the Board to modify shall include the authority to change, delete or add to the conditions of approval as set out by the Planning Agency. Any action by the Board shall be pursuant to Cal. Gov't Code § 25005, by not less than three (3) affirmative votes, provided, however, that in the event that the Board's action culminates in a two (2) to two (2) or two (2) to one (1) vote, such vote shall constitute action by the Board which shall be deemed to be a denial of the appeal and which shall result in a reinstatement of the Planning Agency's action on the project.

2.

Any Appeal Hearing set before the Board pursuant to Cal. Gov't Code § 66452.5 shall be held within thirty (30) days from the date of filing the Appeal. Thereafter, within ten (10) days following the conclusion of the hearing, the Board of Supervisors shall render its decision on the Appeal. The time limits set forth herein shall not be extended.

L.

Statute of Limitations. The decision of the Board of Supervisors shall be final on all matters unless an appeal therefrom is filed with the Superior Court of the County of Nevada within ninety (90) days after the decision of the Board of Supervisors.

M.

Refund of Appeal Fees.

1.

Upon the conclusion of any appeal, where the Board of Supervisors upholds the appeal and overturns the decision of the Planning Agency, the Board may also authorize the return of all appeal fees filed by the appellant. The Board shall not authorize the return of the appeal fees if it finds that the Board's decision was, in whole or in part, based upon new evidence submitted by the appellant at the appeal hearing and which evidence was not provided to the lower hearing body.

2.

Upon the conclusion of any appeal, where the Board denies the appeal but finds that appellants raised issues of substantial merit causing some affirmative change in the decision of the Planning Agency, the Board may also authorize the return of any portion of the appeal fees it deems just.

(Ord. 2370§ 1. (10/08/2013); Ord. 2533. (12/05/2023))

When a Public Hearing is required by this Chapter, public notice shall be given consistent with Cal. Gov't Code §§ 65090—65096 and this Section. Whenever notice for a Public Hearing on a land use application is required to be given to owners within three hundred (300') feet of the real property that is the subject of the hearing pursuant to Cal. Gov't Code § 65091(a)(3), this notice shall also be given to the owners of at least ten (10) parcels, in addition to the parcel which is the subject of the hearing. If the property that is subject to the hearing is located within an area that is designated with a minimum parcel size of five (5) acres or greater, additional noticing shall be given to extend to owners within five hundred (500') feet of the subject property.

(Ord. 2533. (12/05/2023))

A.

Filing Fees Required. Applications filed under the provisions of this Chapter shall be accompanied by a fee in accordance with the latest fee schedule adopted by resolution of the Board of Supervisors.

B.

Refunds and Withdrawals. Filing fees are utilized to cover costs of public hearings, mailing, posting, transcripts and staff time involved in processing application. Refunds due to a denial are not permitted.

In case of a withdrawal, the Planning Director shall authorize a refund based upon pro-rated costs and determination of the status of the application at the time of withdrawal.

(Ord. 2533. (12/05/2023))

A.

Recreation Mitigation Fees. As a condition to the issuance of a building permit, a fee for new development shall be paid pursuant to Mitigation and Development Fees, Recreation Mitigation Fees, in this Code.

B.

Fire Protection Development Fees. As a condition to the issuance of a building permit, a fee for new development shall be paid pursuant to Mitigation and Development Fees, Fire Protection Development Fees, in accordance with the latest fee schedule for the area adopted by resolution by the Board of Supervisors.

C.

Road Development Fees. As a condition to the issuance of a building permit, a fee for new development shall be paid pursuant to Mitigation and Development Fees, Road Development Fees on New Developments, in accordance with the latest fee schedule for the area adopted by resolution by the Board of Supervisors.

D.

School Development Fees. As a condition to the issuance of a building permit, a fee for new development shall be paid in accordance with the latest fee adopted pursuant to Cal. Gov't Code § 53080.

(Ord. 2533. (12/05/2023))

A.

Security Required. Applicants with approved projects may commence operations prior to the issuance of a final certificate of occupancy if a security guaranteeing the installation of the required improvements is provided. A condition providing for such security shall be included in the approved land use permit.

B.

Limitations and Findings. When any improvements are required as a condition of approval of any permit issued pursuant to this Chapter, compliance therewith may be gained and a temporary occupancy granted, limited to a maximum of one (1) year, if:

1.

A finding can be made that no adverse impacts (either interim or long-term) will result from the interim use of the property without full compliance with the conditions to be deferred; and if

2.

A site improvement agreement is executed by and between the County and the developer specifying the terms and conditions for any such interim occupancy together with the posting of adequate Security all to be in the form acceptable to County Counsel and shall be approved by the Board of Supervisors.

C.

Posting. The Guarantee shall be posted with the Planning Department, with the County of Nevada named as beneficiary.

D.

Form of Security. A security or other guarantee shall be in a form approved by the County Counsel, including default provisions, and shall provide that in the event suit is brought upon the surety by the County and judgment is recovered, the surety shall pay all costs incurred by the County in such suit including reasonable attorney's fees to be fixed by the Court.

E.

Amount of Security. The guarantee shall be an amount based on an estimate of an engineer, architect or landscape architect which is equal to the actual cost of completing the specified improvements, restoration, or satisfying conditions of approval, plus twenty-five percent (25%) to compensate for increased cost in materials and labor; provided, however, that where a guarantee is required by a land use permit, conditions of approval to preserve identified site features, the Guarantee shall be in such an amount as the Planning Agency deems necessary to assure compliance with applicable conditions.

F.

Release of Security. At the request of an applicant, or prior to the expiration of a security or guarantee, the Planning Director will review the project, and issue a completion statement if all provisions of this Chapter and conditions of approval have been met. Upon issuance of the completion statement, the Guarantee, Security or cash deposit will be released. If the Planning Director determines that the project does not meet the applicable requirements, the applicant shall be notified in writing of such deficiencies. A time period for their corrections shall be mutually agreed upon by the applicant and the Planning Director, with the Security being held until all requirements have been met. In cases where no agreement is reached, following written notification by the Planning Director, or where an agreed time period for completion is exceeded, the Security shall be called and the County shall have the authority to contract for the work.

Nothing contained in this Section shall be construed to authorize the delay of complying with all sanitation and building laws and ordinances.

(Ord. 2533. (12/05/2023))

A.

Purpose. A Comprehensive Master Plan is required for all properties within the BP, REC, and PD (base and combining Districts) Districts. It is intended to provide for the comprehensive planning of the entire area within districts. The Specific Plan is required for all properties designated as a Special Development Area in the General Plan and is intended, in part, to comply with the provisions of Cal. Gov't Code §§ 65450—65457, as well as other provisions as provided in the General Plan Policy 1.5.u.

Plans shall ensure that the total area dedicated to each specific land use must not exceed the acreage allowed by the General Plan land use maps. Plans shall ensure that the total area dedicated to each specific land use must not exceed the acreage allowed by the General Plan land use maps. However, acreage other than open space may vary from that otherwise allowed by the General Plan maps to accommodate site-specific conditions provided the cumulative change does not exceed five percent (5%) of the total parcel(s) acreage.

Unless otherwise modified by an adopted Rural Center (RC) Combining District, the processing and content of a Comprehensive Master Plan shall be required as provided herein.

B.

Definitions—Analysis. For the purpose of this Section, analysis shall mean the compilation and evaluation of factual data on each of the component parts, sufficient to reach an informed decision, including but not limited to, an identification and description of the feature or facility listed, including the adequacy of each element to serve the proposed project.

C.

Process. Plans shall be adopted through a Use Permit approved by the Planning Commission. They may also be implemented through the use of the SP Site Performance Combining District where warranted to ensure consistency in Plan implementation. Individual development projects implementing Plans shall be processed consistent with the provisions of this Chapter.

To encourage efficiency in the development review process, adoption of Plans shall be considered concurrently with a development project. However, the County may allow for the processing of a development project separate from Plans where specific economic, legal, social, technological, or other considerations make concurrent processing infeasible, and consistency with the purpose of the applicable General Plan designation is maintained.

D.

Comprehensive Master Plan. The Comprehensive Master Plan shall provide for the analysis of the entire site and allocation of proposed mixed uses. The Plan shall reflect the following features:

1.

An exhibit map/site plan that reflects the following:

a.

Mapping that depicts topography and clearly identifies the important resources and constraints identified in the Resource Standards of this Chapter.

b.

Zoning district boundaries, emphasizing the clustering of the most intensive zoning districts in those areas where resources and constraints are least prevalent.

c.

Existing and proposed infrastructure including facilities for water, sewage disposal, utilities, fire protection, drainage, and similar facilities.

d.

On- and off-site circulation features including existing and proposed roads, primary access points, emergency access, and pedestrian and bicycle pathways. Ensure a high degree of accessibility to the arterial and major collector road system on internal vehicular and pedestrian circulation system designed to provide safe and convenient linkage between the various uses.

e.

Within each land use designation depict building envelopes, emphasizing the clustering of intensive land uses while minimizing impacts on the site's resources and aesthetic values. Building envelopes shall be defined as the expected maximum building and parking lot areas, conceptually defining the location of major parking areas which shall be located to reflect an orientation internal to the site, minimizing their visibility from major roadways (freeways, highways and major arterials).

f.

Location and extent of major landscaping areas.

g.

Location and extent of required open space areas, based on constraints and hazards delineated on the Constraints Map.

2.

A Comprehensive Master Plan Text that includes a discussion of the Resources and Constraints Map and Master Plan as needed to tie in relevant General Plan issues and policies. The following specific items shall be included in the text:

a.

An analysis of existing and proposed infrastructure including facilities for water, sewage disposal, utilities, fire protection, drainage, and similar facilities.

b.

An analysis of off-site and on-site circulation features, including existing and proposed roads, primary access, emergency access, and pedestrian and bicycle pathways.

c.

Provisions for phasing of development, if applicable, and how each phase will provide for needed off-site circulation and other infrastructure improvements concurrent with development, in accordance with adopted mitigation measures or conditions of approval.

d.

A management plan for permanent open space, including a mechanism for ongoing maintenance.

e.

A visual assessment that includes an identification of important views, view corridors, and community design features. The assessment shall include both a written description and photographs that document surrounding natural or man-made features that define the setting and context for the project.

f.

Site and architectural design strategies to ensure both on-site and off-site compatibility of all existing and proposed land uses, including site development standards and architectural guidelines unique to the proposed property. Exhibits, pictures, and/or drawings that represent proposed design features shall be provided.

E.

Zoning Map. The intent of the Zoning Map that accompanies a Comprehensive Master Plan is to provide for sufficient analysis to properly locate specific zoning district boundaries. The Zoning Map shall ensure that the total area dedicated to each specific land use does not exceed the acreage allowed by the General Plan land use maps. However, acreages (other than open space) may vary from that otherwise allowed by the General Plan maps to accommodate site-specific conditions, provided the cumulative change does not exceed five percent (5%) of the total parcel(s) acreage.

1.

Processing. Adoption of a Zoning Map shall constitute a rezoning and shall be a legislative act. To ensure the site is comprehensively planned as a unit, the Zoning Map and Comprehensive Master Plan or Specific Plan shall be processed concurrently. However, the County will allow for the processing of the Zoning Map prior to and separate from the Comprehensive Master Plan or Specific Plan where specific economic, legal, social, technological, or other considerations make concurrent processing infeasible, and consistency with the purpose of the applicable General Plan designation is maintained.

2.

Zoning Map Contents. The Zoning Map shall provide for the location of all proposed boundaries based on an analysis of those resources and constraints found in the Resource Standards of this Chapter. The Map shall include resource and constraint layering. The analysis shall include biological and cultural resource inventories consistent with the provisions of the Resource Standards.

The Map may utilize the SP Site Performance Combining District to address resource protection features associated with the rezoning.

F.

Specific Plan. The Specific Plan shall provide for an integrated planned development ensuring employment generation and a variety of supporting land uses. It shall include:

1.

Incorporation of the Zoning Map or its equivalent.

2.

Provisions for the distribution, location, and extent of the uses of land and major infrastructure on the site.

3.

Site and architectural design unique to the proposed development, if applicable.

4.

The Plan shall demonstrate sufficient land to establish a positive contribution to the County job-housing balance and to accommodate the housing needs of local wage earners.

5.

A Transportation System Management and Demand Management Program designed to minimize impacts on the local road and State highway systems. The program shall ensure that implementation of the Plan will provide for consistency with adopted County level of service standards as found in General Plan Policies 3.10, 4.1, and 4.3.

6.

Implementation measures, including a financing program, necessary to implement the Plan.

7.

Execution of development agreements to ensure conformance with the Plan, if applicable.

(Ord. 2090. (07/09/2002); Ord. 2533. (12/05/2023))

A.

Purpose. The purpose of this Section is to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development and the uncertainty of the development review process by providing an option to both the County and project applicants to enter into a development agreement which vests certain development rights. This Section is enacted pursuant to Cal. Gov't Code §§ 65864—65869.5.

A development agreement shall set forth the obligations of both the County and the applicant for the time period specified in the agreement. It shall also set forth the regulations to which the development will be subject. It shall not prevent the County, in subsequent actions applicable to the property, from applying regulations which do not conflict with those regulations applicable to the property as set forth in the agreement. A development agreement may be, but is not required to be, adopted in conjunction with the processing of a development project.

B.

Process.

1.

Application. A development agreement application shall be filed by the owner of the property for which the agreement is sought or by the authorized representative of the owner. Fees pursuant to Section governing "Filing Fees" and shall accompany the application.

2.

Environmental Review. The approval or conditional approval of a development agreement shall be deemed a discretionary act for purposes of the California Environmental Quality Act.

3.

Planning Commission and Board Action. Following acceptance of the application, the Planning Commission shall hold a public hearing on the application. Notice shall be given pursuant to Section governing "Public Hearing Notice." Following conclusion of the public hearing by the Commission, the Commission shall recommend to the Board of Supervisors that it approve, conditionally approve, or disapprove the application.

Upon receipt of the Commission's recommendation, a public hearing will be held before the Board of Supervisors. Following conclusion of the hearing, the Board may approve the application by ordinance. The approval shall set forth findings, and the facts supporting them, consistent with the provisions of this Section.

4.

Effectuation Date and Recordation. The agreement shall take effect upon the effective date of the ordinance. Within ten (10) days after the County enters into a development agreement, the County shall record agreement with the County Recorder.

C.

Contents of Development Agreements.

1.

Mandatory Contents. A development agreement entered into pursuant to this Chapter must contain provisions that:

a.

Specify the duration of the agreement;

b.

Specify the permitted uses of the property;

c.

Specify the density or intensity of use(s);

d.

Set forth the maximum height and size of proposed structures;

e.

Specify the minimum size and dimensions of the proposed parcels;

f.

Set forth provisions, if any, for reservation or dedication of land for public purposes;

g.

Negotiate a level of protection from either a future growth control ordinance or a future increase in mitigation or development fees;

h.

Provide for the possibility of subsequent discovery of health and safety issues (e.g., "compelling public necessity" [i.e., a new environmental health hazard is discovered]), which would necessitate a reconsideration or amendment of the previously approved agreement;

i.

Provisions for a tiered amendment review procedure such as:

1)

Director sign-off for minor changes;

2)

Commission sign-off for large changes; and

3)

Major amendments by the Board of Supervisors.

2.

Permissible Contents. A development agreement entered into pursuant to this Chapter may contain provisions that:

a.

Include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;

b.

Provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time;

c.

Include terms and conditions relating to applicant financing of necessary public improvements and facilities, including, but not limited to, applicant participation in benefit assessment proceedings; and

d.

Include such other terms, conditions and requirements as the Board of Supervisors may deem necessary and proper, including but not limited to, a requirement for assuring to the satisfaction of the County performance of all provisions of the agreement in a timely fashion by the applicant.

D.

Effect of Development Agreement. Unless otherwise provided by the development agreement, the rules, regulations and official policies governing permitted uses of the land, governing density, and governing design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations, and official policies in force at the time of execution of the agreement.

A development agreement does not prevent the County, in subsequent actions applicable to the property, from applying new rules, regulations and policies which do not conflict with those rules, regulations and policies applicable to the property under the development agreement, nor does a development agreement prevent the County from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies.

E.

Findings. The Planning Commission may recommend approval and the Board of Supervisors may approve an application for a development agreement where it finds that the information presented by the applicant and/or obtained at a public hearing substantiates all of the following facts that the proposed development agreement:

1.

Is consistent with the goals, objectives, policies and applicable land use designations of the Nevada County General Plan;

2.

Complies with all of the provisions of the Nevada County Code;

3.

Is consistent with the public convenience, general welfare and good land use practice, making it in the public interest to enter into the development agreement with the applicant;

4.

Will not:

a.

Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area;

b.

Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site;

c.

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

d.

Adversely affect the orderly development of property or the preservation of property values.

F.

Periodic Review. The Planning Commission shall review the development agreement every twelve (12) months after the date the agreement is entered into. It shall be the project proponent's responsibility to apply in a timely fashion for the annual review. The time for the review may be modified either by agreement between the parties, or by decision of the Commission.

Public notice shall be given that the Commission intends to undertake the review of the agreement. The Commission shall conduct a noticed public hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on such issue shall be upon the property owner.

The Commission shall determine upon the basis of substantial evidence whether or not the property owner, for the period under review, has complied in good faith with the terms and conditions of the agreement.

1.

If the Commission finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for such period shall be concluded.

2.

If the Commission finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Commission shall forward its recommendation to the Board of Supervisors, and the Board may propose to amend or cancel the agreement. Notice shall be given to the property owner that the Board intends to undertake the review of the development agreement.

G.

Amendment/Cancellation. A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for amendment or cancellation shall be the same as for entering into an agreement.

H.

Violation of Agreement. Where the Planning Director notifies the Planning Commission that their findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided in this Chapter for initiation and consideration of a development agreement. If as a result of such hearing, the Commission finds that the applicant or their successor in interest is in violation of a development agreement, it shall notify the Board of Supervisors of its findings, recommending such action as it deems appropriate. Where the Commission reports the violation of a development agreement, the Board may take one (1) of the following actions:

1.

Approve the recommendation of the Commission instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement;

2.

Refer the matter back to the Commission for further proceedings with instructions; or

3.

Schedule the matter for a public hearing before itself where termination or modification of an agreement is recommended.

(Ord. 2533. (12/05/2023))

A.

Purpose. Within the zoning districts established by this Chapter, there may be uses and structures which were lawful before the effective date of the applicable terms of the regulations, but which are prohibited, regulated or restricted under the terms of the regulations currently in effect or by future amendments. Relative to such uses and structures, it is the purpose of this Section to:

1.

Reduce them to conformity or to eliminate them through abandonment, obsolescence, or destruction due to strict provisions against changes that could perpetuate them.

2.

Provide for their regulation and to specify the circumstances and conditions under which they may continue to exist until brought into conformity, removed, or terminated.

B.

Legal Nonconforming Uses. A legal nonconforming use is any use lawfully in existence at the time this Chapter or amendments thereto takes effect, although such use does not conform to the provisions of this Chapter. Such use may continue subject to the following:

1.

No use shall be:

a.

Enlarged or intensified,

b.

Extended to occupy a greater area of land or a portion of a structure than that occupied at the time this Chapter or any amendment thereto takes effect, or

c.

Moved in whole or in part to any other portion of the parcel of land occupied at the time this Chapter or any amendment thereto takes effect.

2.

Any change in a use that provides for such use to become more conforming to the provisions of the applicable zoning district may be allowed subject to approval of a Use Permit by the Planning Agency.

3.

Such use may be changed to a permitted use provided that all requirements of this Chapter are satisfied. In such instance there shall be no resumption of the nonconforming use.

4.

If the use is discontinued for a period of one (1) year or more, any subsequent use shall be in conformity with all applicable requirements of this Chapter, except as follows: a) uses clearly seasonal in nature (i.e., ski facilities) shall have a time period of three hundred sixty-five (365) days or more, b) surface mining operations shall comply with the provisions of Section governing Surface Mining Permits and Reclamation Plans providing for interim management plans.

C.

Legal Nonconforming Structures. A legal nonconforming structure is any structure lawfully in existence at the time this Chapter or amendments thereto takes effect, although such structure does not conform to the site development standards of this Chapter. Such structures may continue to be used subject to the following:

1.

If such structure is destroyed or partially destroyed by fire, explosion, accident or natural disaster, it may be repaired, provided the structure is not altered or expanded except as noted in Subsection 4 below, subject to the following limitations:

a.

In cases where the destruction is less than fifty percent (50%) of the market value preceding destruction, the structure may be repaired.

b.

In cases where the destruction is fifty percent (50%) or greater of the market value preceding destruction, such structure may be reconstructed only if in conformity with all applicable requirements of this Chapter.

2.

Such a structure may be repaired, altered, or remodeled thereto not necessitated by a fire, explosion, accident or natural disaster, provided the structure is not expanded except as noted in Subsection 4 below, subject to the following limitations:

a.

The total expenditure for labor and materials combined for such activity shall not exceed twenty-five percent (25%) of the fair market value of the structure.

b.

Such alterations may occur only once every ten (10) years to any structure, except single-family residences may be altered as often as annually, subject to the limitation in Subsection "a" above.

3.

Historic structures consistent with the definition as found in Section governing Resource Standards, Cultural Resources, Significant, or as otherwise defined by an adopted RC district, may be repaired, altered, or reconstructed where necessary for the preservation, restoration, rehabilitation, relocation, or continued use of a qualified structure or site, without limitation.

4.

Structures devoted to a use allowed in the applicable zoning district may be expanded, subject to the following limitations:

a.

The total expenditure for labor and materials for the expansion, combined with any repair or alteration work done concurrently or within the ten (10) preceding years, shall not exceed twenty-five percent (25%) of the fair market value of the structure, except for single-family residences, in which case the total expenditure limitation applies to all work done concurrently or within the preceding year,

b.

The expansion shall be limited in any ten-year period to an increase of not more than five percent (5%) of the gross square footage of the structure, and

c.

The expansion shall otherwise comply with the use restrictions, site development standards and permit requirements of this Chapter (e.g., the expansion cannot be used to accommodate relocation or enlargement of a nonconforming use on site and a structure not conforming with front yard setbacks cannot be enlarged in a manner further encroaching into the front yard area).

d.

Notwithstanding the above provisions of this paragraph all legal nonconforming structures that become nonconforming solely because of adoption of the increased side and rear yard setbacks of the County's Fire Safety Regulations, adopted effective October 10, 1991, may be expanded without being subject to limitations so long as the expansion does not expand the existing building footprint within the setback and otherwise complies with the current setback requirements.

D.

Time Extensions. If an applicant can demonstrate to the Planning Director, a reasonable effort to continue a legal nonconforming use or to reoccupy a legal nonconforming structure, during the initial one (1) year of discontinued use, the Planning Director may approve or conditionally approve an extension of time for the applicant to reestablish use or occupancy. Except as herein provided, this extension shall be granted only once, for a period not to exceed one (1) year, and the use or occupancy must be completely reestablished at the end of this two-year (2) period. Any aggrieved party may appeal the decision to the Planning Commission through a written request to the Nevada County Planning Department.

E.

Single-Family Dwellings. Notwithstanding the above provisions of this Section, all legal nonconforming single-family dwelling units that become nonconforming due to a change from one (1) zoning district to another shall be treated as conforming structures.

(Ord. 2232. (02/27/2007); Ord. 2533. (12/05/2023))

A.

Purpose. This Chapter is enacted under authority of Cal. Veh. Code § 22660 to establish procedures for the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative motor vehicles (hereinafter referred to as vehicles) or parts thereof from private or public property in the unincorporated area of the County, and for recovery of the costs of such removal and administration of this Chapter.

The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, creates conditions likely to reduce the value of real property in the vicinity, promote blight and deterioration, invite plundering, create fire hazards and harborage for rodents and insects, and is injurious to the public peace, health, safety, and general welfare. The presence of abandoned, wrecked, dismantled, or inoperative vehicles, or parts thereof, within the unincorporated area constitutes a public nuisance which the County of Nevada is empowered to abate and remove in accordance with the provisions of this Chapter.

B.

Applicability of Section. Except as otherwise expressly provided by exceptions to this Section, this Section shall apply to abandoned, wrecked, dismantled, or inoperative motor vehicles, or any part thereof, situated upon any private or public property, excluding publicly maintained highways and streets, within the unincorporated area of the County of Nevada. This Section shall not apply to vehicles that are not intended to be self-propelled.

C.

Exceptions. This Chapter shall not apply to any vehicle or part thereof which is either:

1.

Completely enclosed within a structure in a lawful manner where it is not visible from the street or other public or private property; or

2.

Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, salvage enterprise, or any other legally established use or subject to regulation through a Development Permit or Use Permit pursuant to Sections governing Development and Use Permits of this Chapter.

3.

An agricultural "implement of husbandry;"

4.

Located on a parcel in such a manner that no part of any vehicle subject to this Chapter is visible to public view up to the total number of such vehicles allowed in accordance with the following:

a.

Parcels up to three (3) acres in size: Two (2) vehicles allowed.

b.

Parcels from three (3) to ten (10) acres in size: Three (3) vehicles allowed.

c.

Parcels over ten (10) acres in size: Five (5) vehicles allowed.

Such vehicles shall be completely screened from public view by a solid fence, vegetation, topography or any combination thereof.

The exceptions provided by this Section shall not be construed to authorize the maintenance of a public or private nuisance, as such nuisance may be defined under any provisions of law other than Cal. Veh. Code §§ 22650—22856.

D.

County's Remedies Nonexclusive. This Section shall not be construed as excluding any other lawful remedies available to the County of Nevada for regulation, abatement and/or removal of abandoned, wrecked, dismantled, or inoperative vehicles situated within the unincorporated area. The procedures provided by this Section shall be in addition to any other applicable regulations, statutes, or ordinances heretofore or hereinafter enacted by the State of California, this County, or any other entity having jurisdiction in the matter.

E.

Enforcement Responsibility. The Director of Code Compliance is charged with the responsibility of administering this Section and exercising the authority conferred thereby. The Director, or their designee, may enter upon private property for purposes of administering and enforcing this Section to examine a vehicle or part thereof, to obtain information as to the identity of the vehicle, and to remove or cause to be removed a vehicle or part thereof declared to be a nuisance pursuant to this Section. Any other person, firm or corporation authorized by the County to remove vehicles from property for purposes of enforcement of this Section may enter upon private property to perform such removal, upon request by the Director.

F.

Public Nuisance, Determination. If the Director finds that reasonable grounds exist to believe that a vehicle or part thereof is abandoned, wrecked, or dismantled or inoperative at any location to which this Section applies, the Director, or their designee, shall declare such vehicle or part to be a public nuisance, and thereupon proceed to abate such nuisance in the manner prescribed by this Section.

G.

Notice of Intention to Abate and Remove Vehicle. Except as otherwise provided for in this Section, the Director, or their designee, shall issue not less than ten (10) days advance written Notice of Intention to abate and remove any vehicle or part thereof which the Director, or their designee, has determined to be a public nuisance pursuant to this Section. The Director, or their designee, shall mail such Notice by registered or certified mail to the property owner and to the vehicle owner, unless the vehicle is in such condition that identification numbers are not available to determine vehicle ownership. The Director, or their designee, shall post a copy of the Notice conspicuously upon or at the site of such vehicle or part.

H.

Required Contents of Abatement Notice. The notice shall contain a statement of the hearing rights of the property owner and of the vehicle owner in accordance with Section I below. Such statement shall include notice to the property owner that they may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on their land, with the reasons for such denial, in lieu of appearing. The notice shall specify the address of the real property where such vehicle or part is situated, a description identifying such vehicle or part and the condition thereof found to constitute a public nuisance, the Section(s) of this Code found to have been violated, and state that either voluntary abatement thereof or request for hearing must be made by the property owner or vehicle owner, in the manner prescribed below, within ten (10) days from the date of such Notice, and that the failure to so request such a hearing shall constitute waiver of the right thereof. Such notice shall specify that if the abatement is made by the County, costs may be assessed against the property owner in accordance with Cal. Gov't Code § 25850—22856, in the case of an abandoned vehicle, against the last registered owner of record in accordance with Cal. Veh. Code § 22524.

I.

Exceptions of Requirement of Abatement Notice. A notice pursuant to this Section shall not be required to issue if:

1.

The property owner and vehicle owner have each signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or

2.

The vehicle or part is:

a.

Inoperable due to the absence of a motor, transmission or wheels;

b.

Is incapable of being towed;

c.

Is valued at less than two hundred dollars ($200.00) by a person specified in Cal. Veh. Code § 22855;

d.

Is determined by the Director, or their designee, to be a public nuisance presenting an immediate threat to public health or safety;

e.

Is located on a parcel that is either zoned for agricultural use or not improved with a residential structure containing one (1) or more dwelling units; and

f.

The property owner has signed a release authorizing removal and waiving further interest in the vehicle or part.

J.

Hearing Rights. Either within ten (10) days after the date of the Notice of Intention prescribed by this Code is mailed or at the time of signing a release pursuant to Section I above the property owner and/or the vehicle owner may request that a public hearing be held prior to removal of the vehicle or part thereof by the County. Such request shall be made in writing at the Nevada County Planning Department and, if mailed, shall be deemed timely if postmarked no later than the tenth day following the date such Notice of Intention was mailed.

If the property owner submits a sworn written statement pursuant to Subsection H denying responsibility for the presence of the vehicle or part on their land within the ten-day period prescribed by this Section, such statement shall be construed a request for hearing which does not require the presence of the property owner. In all other cases, if no request for hearing is received by the Planning Department within the time prescribed by this Section, the Director shall cause the vehicle or part to be removed and disposed of in the manner authorized by this Section.

K.

Public Hearings, Notice. Whenever a hearing is requested in accordance with this Chapter, a Notice of Hearing before the Zoning Administrator shall be issued. The Notice of Hearing shall specify the time, date, place, and purpose of the hearing and shall be served upon the requesting party either personally or by certified mail, return receipt requested, not less than five (5) calendar days prior to the hearing date.

L.

Public Hearings, Procedure. Upon the date and at the time and place specified for hearing in the Notice of Hearing, the Zoning Administrator shall proceed to hear the testimony of County Staff, the requesting party, and any other competent persons about the condition of the vehicle or part constituting the subject of the hearing and any other relevant facts concerning the matter. The property owner may either appear in person at the hearing or present a sworn written statement denying responsibility for the presence of the vehicle on their land, with the reasons for such denial.

During the hearing the burden of proof shall rest with the County. It is the County's burden to prove that the subject vehicle is a public nuisance presenting an immediate threat to public health or safety. The provisions of the California Administrative Procedure Act, Cal. Gov't Code §§ 11500—11529 shall not be applicable to such hearings; nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable.

M.

Public Hearings, Decision. Within seven (7) days following the date on which the hearing is closed, the Zoning Administrator shall issue a written decision which either affirms or reverses the determination made pursuant to a Determination of Public Nuisance as provided for above and which contains findings of fact and conclusions. If the Zoning Administrator affirms the Director's determination, such decision shall direct the property owner and/or vehicle owner to abate the nuisance within the time prescribed by this Section. Such decision shall give notice that if the nuisance is not abated, it may be abated by the Director of Planning, or their designee, in such manner deemed proper and that the expense thereof may be made a lien against the real property involved, in accordance with Cal. Gov't Code §§ 25850—25856 or, in the case of an abandoned vehicle, that such expense may be recovered from the last registered owner of record thereof, pursuant to Cal. Veh. Code § 22524.

If the Zoning Administrator has found that the vehicle or part constituting the nuisance was placed upon the land without the consent of the property owner and the property owner has not subsequently acquiesced to its presence, the Director, or their designee, shall not assess such costs from the property owner. The decision affirming the Director's determination shall require that abatement of the nuisance by the property owner and/or vehicle owner be physically completed within five (5) days after service of such decision or, in the alternative, within such time as the Director, or their designee, shall determine to be reasonable under all of the circumstances.

Appeals of the decision of the Zoning Administrator shall be handled in a manner consistent with this Chapter.

If the decision of the Director is reversed, no further action is necessary on the part of the Director or the party requesting the hearing.

N.

Vehicle Disposition. After a vehicle has been removed pursuant to this Section, such vehicle shall not be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Cal. Veh. Code § 5004.

O.

Vehicle Disposition, By Director. The Director, or their designee, may dispose of a vehicle or parts thereof under this Section by removal thereof to a licensed scrapyard, automobile dismantler's yard, impound yard or other site authorized by Cal. Veh. Code § 22662.

P.

Vehicle Disposition, Notice to Department of Motor Vehicles. Within five (5) days following the date of removal of a vehicle or part thereof under this Section, notice of such removal shall be given to the Department of Motor Vehicles identifying the vehicle or part, together with any evidence of registration including, without limitation, the registration card, certificate of ownership, or license plate.

Q.

Vehicle Disposition, Low-Valued Vehicle. Prior to final disposition of a vehicle described by Subsection I above, for which evidence of registration was recovered, the registered and legal owners of the vehicle shall be provided with written Notice of Intent to dispose of the vehicle or part from a site authorized by Cal. Veh. Code § 22662. Such notice shall state that if the vehicle or part is not claimed and removed within twelve (12) days following the date such notice is mailed, final disposition shall proceed.

R.

Assessment of Costs against Real Property. Except as otherwise provided by this Section if the property owner fails to pay, upon demand, the costs of abatement incurred by the County in the enforcement and administration of this Section, such costs may be specially assessed against the real property, pursuant to Cal. Gov't Code §§ 22850—22856. Such assessment shall be collected at the same time and in the same manner as are County ad valorem property taxes.

S.

Recordation of Abatement Lien. In the case of any special assessment made pursuant to this Section, a Notice of Abatement Lien shall be recorded in the Office of the County Recorder. Such notice shall identify the property owner or possessor of the property, their last known address of record, the date upon which abatement was ordered by the Zoning Administrator, the date that the abatement was completed, a description of the real property subject to the lien, and the amount of the abatement costs.

T.

Release of Abatement Lien. An abatement lien imposed under this Section may be released or subordinated in the same manner as provided by law for release or subordination of a judgment lien on real property.

U.

Recovery of Costs, Abandoned Vehicles. Pursuant to Cal. Gov't Code § 22524, costs incurred by the County for the removal and disposition of an abandoned vehicle shall be recoverable from the last registered owner thereof.

(Ord. 2533. (12/05/2023))

A.

Citizen Complaints.

1.

False Complaint. It shall be a misdemeanor to knowingly and maliciously make a false complaint to the Code Compliance Division.

B.

Planning Director Duties. The Planning Director, or their authorized representative, are responsible for enforcement of the provisions of this Code pertaining to the use of land and structures, unless responsibility specifically lies with the Departments of Building, Environmental Health, or Public Works. The Planning Director shall oversee a Code Compliance Division, which shall enforce the County Code, including those codes and standards adopted and incorporated into the County Codes, as well as relevant California Health and Safety Codes and California Vehicle Codes. The Division shall be known as the Code Compliance Division. Designated officers of the Division shall be known as Code Enforcement Officers.

C.

Code Compliance Division Manager Duties. The Code Compliance Division Manager performs their duties under the supervision of the Planning Director. It shall be the duty of the Code Compliance Division Manager to supervise all investigation, enforcement and abatement activity by Officers of the Code Enforcement Division.

It shall be the duty of the Code Compliance Division Manager, under the supervision of the Planning Director, to enforce the provisions of the Code pertaining to the Departments within the Community Development Agency, including the supervision of all investigation, enforcement and abatement activities performed by Officers within the Code Enforcement Division. Pursuant to Cal. Penal Code § 836.5(a), Code Enforcement Officers are empowered to issue citations for violations of this Code. Enforcement activity includes, but is not limited to, investigating complaints of code violations, issuing warnings of code violations, monitoring corrective or abatement-related activities, issuing citations for criminal infraction or misdemeanor violations of this Code, issuing administrative citations, obtaining injunctive relief to remedy violations, and seeking authorization for nuisance abatement through administrative proceedings.

D.

Law Enforcement Agencies' Duty. For the preservation of the public health, safety, and welfare, it shall be the duty of the law enforcement agencies of the County of Nevada to support and assist the Code Enforcement Division in enforcement activity under the provisions of this Code.

E.

Administrative Hearing Boards and Hearing Officers. When an administrative hearing is required under this Section, the matter shall be assigned as follows:

1.

Hazardous Waste. If the matter involves hazardous waste and is within the jurisdiction of the Certified Unified Program Agency [or "CUPA,"] a part of the State Unified Hazardous Waste and Hazardous Materials Management Regulatory Program; see Cal. Health & Safety Code §§ 25404—25404.9, the hearing officer shall be designated by the state Office of Administrative Hearings ["OAH"], under a county contract, pursuant to Cal. Gov't Code § 27727, unless there is a State contract in effect to ensure payment of services by OAH.

2.

Building Standards. If the matter falls within the jurisdiction of the Building Standards Board of Appeals (BSBA), a hearing may proceed before the BSBA. The Building Official and BSBA may take jurisdiction of all or part of any hearing after conferring with the Code Compliance Division Manager.

3.

Penalty Assessment by Administrative Citation. If the matter involves a hearing under Section governed by Administrative Enforcement of this Chapter, the matter may be referred for an Administrative Hearing.

(Ord. 2491. (04/27/2021); Ord. 2533. (12/05/2023))

A.

Purpose, Intent, and Authority. The County of Nevada Board of Supervisors determines that the enforcement of this Code and any other ordinance of the County is an important public service and is vital to protecting the public. The Board of Supervisors further determines there is a need for alternative methods of code enforcement in addition to other enforcement options available. This Section is intended to promote the general health, safety, and welfare of the public and provide uniform, fair, and efficient code enforcement and administration. The Board of Supervisors intends this Section to apply to the enforcement of all code violations, except as otherwise provided for by this Code or by any other law, regulation, or ordinance.

This Section is enacted pursuant to Cal. Gov't Code § 53069.4 and is intended to be the primary procedure for the imposition, enforcement, collection, and administrative review of administrative civil penalties within the unincorporated area of the County of Nevada.

B.

Definitions. Unless specifically defined below, words or phrases used in this Section shall be interpreted to give them the meaning they have in common usage and to give this Section the most reasonable application.

1.

Abate or Abatement shall mean an act used to remove, destroy, eliminate, seize, impound, or any action taken to mitigate a public nuisance. Abatement includes any and all steps taken by the County to correct a public nuisance or code violation, including, but not limited to, investigation, correspondence, hearings, imposition of fines and penalties, acquisition of warrants, entry and physical correction of violations, and collection of any and all fines, penalties and/or costs of whatever kind or nature.

2.

Administrative Cost(s) shall mean all costs incurred by or on behalf of the County regarding enforcement of this Code, from the first discovery of the violation of this Code through the appeal process and any court proceeding, and until compliance is achieved, including, but not limited to, staff time investigating the code violation, inspecting the property where the code violation occurred, acquisition of warrants, preparing investigative reports, sending notices of violations, administrative citations, and/or abatement orders, preparing for and attending any appeal or administrative hearing, collection of any and all fines, penalties, costs of abatement, and/or costs of whatever kind and nature, and attorneys' fees.

3.

Appellant shall mean a responsible party who seeks an administrative hearing on a Notice of Violation, Abatement Order, administrative citation, and/or the imposition of administrative costs in the manner required by this Section.

4.

Code shall mean this Code or any other ordinance of the County, including any codes adopted by reference and any condition imposed upon issuing any permit, license, or other approval (e.g., subdivision map, use permit, variance, or zoning clearance) under this Code or any other ordinance of the County.

5.

Code Violation(s) shall mean any violation of this Code. Code violation(s) shall also include any Public Nuisance as determined by this Code.

6.

Enforcement Officer shall mean the Community Development Agency Director, Code Compliance Program Manager, Building Department Director, Environmental Health Director, Sheriff, Fire Authority, or their respective authorized designees, or any other official authorized to enforce local, State, or Federal laws.

7.

Hearing Body shall mean a hearing body designated by the Board of Supervisors to conduct administrative hearings.

8.

Notice of Violation shall mean any notice, including, but not limited to, an Administrative Citation and an Abatement Order issued by an Enforcement Officer, that informs a responsible party that a code violation has occurred or is continuing to occur as defined in this Section.

9.

Public Nuisance shall mean:

a.

Any public nuisance heretofore or hereafter defined as a public nuisance by any ordinance of the County of Nevada, Section of any Nevada County Code, Section of any adopted uniform code, resolution of the Board of Supervisors, or by other law.

b.

Any condition of property which would materially hamper and interfere with the prevention or suppression of fire upon the premises, or which may be detrimental to the health, safety, and welfare of persons in the vicinity.

Exception: No agricultural activity, agricultural processing activity, operation, or facility or appurtenances thereof, as defined in Cal. Civ. Code § 3482.5, as may be amended, is subject to this Section.

10.

Responsible Party means any person or entity who causes, permits, maintains, conducts, or otherwise suffers or allows a public nuisance and/or a code violation, including but not limited to the property owner(s) or the occupant(s) if other than the owner(s), including any person or entity who causes a public nuisance and/or a code violation on property owned by another.

C.

Notice of Violation and/or Abatement Order.

1.

Whenever an enforcement officer reasonably determines that a code violation exists, the enforcement officer may issue a Notice of Violation and/or an Abatement Order to any responsible party. The Notice of Violation and/or Abatement Order shall include:

a.

A description of the condition creating or constituting the code violation(s) and the Code section(s) or other ordinance(s) violated;

b.

The address and APN where the code violation exists;

c.

The name(s) of the responsible part(ies), if known to the enforcement officer;

d.

The date, and if applicable, time at which the code violation was observed;

e.

If applicable, a list of any corrections to bring the property into compliance;

f.

A description of the procedure for requesting an administrative hearing to contest the Notice of Violation and/or Abatement Order;

g.

A deadline by which to correct or Abate the code violation;

h.

The date the Notice of Violation and/or Abatement Order is served; and

i.

The signature of the enforcement officer issuing the Notice of Violation and/or Abatement Order.

2.

Unless the responsible part(ies) abate the code violation(s) or seeks an appeal within the time prescribed in the notice, the code violation may be abated at the Responsible Parties' expense abatement, including administrative costs. Abatement costs, including administrative costs, may be made a special assessment added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll.

3.

All responsible parties shall be jointly and severally liable for all administrative costs incurred by the County.

D.

Service of Notice.

1.

An enforcement officer may serve any notice described in this Section in one (1) or more of the following ways:

a.

Personal service on a responsible party;

b.

First class mail, postage prepaid, to the responsible party's mailing address as shown on the County's last equalized property tax assessment rolls, if such address is available, or otherwise to the last known address of the responsible party and/or to any address which the responsible party has used in dealings with the County;

c.

Alternative service. If the person being served agrees, service may be accomplished in any agreeable manner, including, but not limited to, fax, email, or overnight delivery; or

d.

Any other method reasonably calculated to provide actual notice to the responsible party.

e.

The date of service shall be the date on which the notice is either personally served or mailed, or in the case of alternative service, the date the County initiates the delivery of the agreed method of service. For the purpose of this Section, "mailed" means deposited for mailing with the United States Postal Service or placed for collection and mailing by way of the County Department's ordinary business practices through which mail is collected and placed for mailing with the United States Postal Service, with postage prepaid.

f.

Proof of giving any notice may be made by the certificate of any enforcement officer or employee of the County or by affidavit of any person over the age of eighteen (18) years, which affidavit shows service in conformity with this Code or other provisions of law applicable to the subject matter concerned.

E.

Authority to Inspect. Enforcement officers may enter upon any property or premises within the County as allowed by law to ascertain whether the provisions of this Code are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs. If an owner or occupant of property or his or her agent refuses to consent to entry and inspection, an enforcement officer may seek an administrative inspection warrant to enter the property or premises for any lawful purpose.

F.

Abatement by County.

1.

If, at the end of the time allowed for compliance in an Abatement Order or Notice of Violation, or, in cases of appeal, as specified by the hearing body, compliance has not been accomplished, the enforcement officer issuing the notice, or the agency of which they are an officer, may pursue a lawful abatement. The enforcement officer may proceed with the abatement of the code violations(s) and provide that abatement be carried out by public officers or by employees of the County of Nevada or by a private contractor selected by the County of Nevada in accordance with applicable statutes. The cost of such removal and enforcement accompanied by a reasonable administrative charge may be imposed as an assessment in the County tax roll.

2.

The costs so assessed shall be limited to the actual costs incurred by the Enforcement Officer and the County in enforcing the violation and abatement upon the subject parcel. Such costs may include, but are not limited to, the costs of all prior inspections, appeal hearings and other enforcement actions leading up to the abatement, payments to the contractor, costs of site inspection, costs of notice, boundary determination and measurement, costs for material disposal and all clerical, personnel, consultant, and other administrative costs.

G.

Notice of Pending Administrative Enforcement. An enforcement officer may record with the Nevada County Clerk-Recorder a notice against a property which is the subject of an administrative enforcement action to give notice to potential transferees of the property of code violations thereon. A notice of pending administration action shall be on a form approved by an enforcement officer and shall describe the nature of the administrative action and refer to the Code provision governing the pending administrative action.

H.

Administrative Citations.

1.

If a responsible party violates this Code or fails to correct a code violation described in a Notice of Violation and/or an Abatement Order, an Enforcement Officer may issue an administrative citation, which may impose administrative fines and/or penalties and Administrative Costs, to each and every responsible party who knew or reasonably should have known of that code violation.

2.

Except as otherwise provided by law or any other ordinance of this County, an enforcement officer may issue an administrative citation without first issuing a Notice of Violation or an Abatement Order.

I.

Contents of Administrative Citation.

1.

An administrative citation shall include the following:

a.

A description of the condition creating the code violation(s) and the Code section(s) or other ordinance(s) violated;

b.

The address and APN where the code violation occurs;

c.

The name(s) of the responsible part(ies), if known, and any other involved persons;

d.

The date and, if relevant, time at which the violation was observed;

e.

The amount and due date of the fine and/or penalty and administrative costs to be imposed, if any;

f.

A description of the procedure to pay the fine and/or penalty and administrative costs;

g.

A description of the procedure for requesting an administrative hearing to contest the administrative citation;

h.

If applicable, a list of any corrections to bring the property into compliance including, but not limited to, an Abatement Order;

i.

A deadline by which to correct or Abate the Code Violation(s);

j.

A statement that any abatement costs, including administrative costs, may be made a special assessment added to the County assessment roll and become a lien on the real property, or be placed on the unsecured tax roll;

k.

The signature of the Enforcement Officer issuing the administrative citation;

l.

The date the administrative citation was served;

m.

Any other information deemed necessary for enforcement, imposition, or collection of the administrative fines and/or penalties and administrative costs.

2.

All responsible parties shall be jointly and severally liable for all administrative fines and/or penalties and administrative costs incurred by the County.

3.

An enforcement officer may issue an administrative citation in conjunction with a Notice of Violation and/or an Abatement Order.

4.

Administrative fines and/or penalties shall continue to accrue until the Responsible Part(ies) notify the Enforcement Officer that the code violation has been abated.

J.

Administrative Fines and Penalties. Any violation of a provision of this Code, any code it adopts by reference, or other applicable law, may be subject to an administrative fine and/or penalty and administrative costs pursuant to this Section. This also includes any violation of any condition imposed upon the issuance of any permit, license, or other approval (e.g., subdivision map, use permit, variance, zoning clearance, etc.) pursuant to this Code.

1.

Each and every responsible party regarding a code violation(s) is jointly and severally liable for all fines, penalties, and administrative costs imposed for the code violation(s).

2.

A Code violation that exists for more than one (1) day shall be considered a separate and distinct code violation for each and every day it exists. each daily code violation may be subject to the maximum fine or penalty permitted under this Section.

3.

An administrative citation may charge a code violation for one (1) or more days on which a code violation exists or existed and for violation of one (1) or more code sections.

4.

The administrative fines, administrative costs, and penalties prescribed in this Section are in addition to, and do not preclude imposition of, any other remedies, whether criminal, civil, or administrative, available to the County. Imposition of administrative fines or penalties shall be at the sole discretion of the enforcement officer.

K.

Amount of Administrative Fines and Penalties.

1.

For code violations that would otherwise be an infraction, administrative fines shall not exceed those listed in Cal. Gov't Code § 25132(b), as that section may be amended from time to time.

2.

For code violations of local building and safety codes, administrative fines shall not exceed those listed in Cal. Gov't Code § 25132(c), as that section may be amended from time to time.

3.

If the code violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning issues and does not pose an imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, the responsible party shall be provided a Notice of Violation which shall provide not less than fifteen (15) days from the date of service of the Notice of Violation to Abate or otherwise correct the code violation(s) prior to the imposition of an administrative fine or penalty. The determination of timely compliance, Abatement, mitigation, or elimination of the code violation shall be made by the enforcement officer or other authorized County official.

4.

Administrative fines and/or penalties not paid prior to their due date shall result in the imposition of a penalty and interest for every day of delinquency, as set forth by resolution of the Board of Supervisors.

5.

Each responsible party may be charged with a separate offense for each and every day during any portion of which any code violation is committed, continued, or permitted by such responsible party.

6.

Administrative penalties and administrative costs imposed pursuant to this Section shall also constitute a personal obligation on each responsible party. In the event the administrative penalties are imposed pursuant to this Section 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 through the Office of the County Counsel to collect any administrative penalty imposed pursuant to this Section.

L.

Payment of Fines, Penalties, and Costs.

1.

Unless otherwise specified in an administrative citation, all fines, penalties, and administrative costs are due within twenty-one (21) calendar days of service of an administrative citation.

2.

Payment shall be made to the County of Nevada at the Eric Rood Administrative Center, Code Compliance Division (Community Development Agency Counter) 950 Maidu Avenue, Nevada City, CA 95959, or to a collection agency if the fine and/or penalty has been assigned to a collection agency. Payment may be made by credit card, or by mailing the fine and/or penalty amount paid by personal check or cashier's check to the same address. Cash payments may only be made in person at the same address listed herein.

3.

Payment of a fine or penalty pursuant to this Section shall not excuse or discharge any continued or repeated code violation.

4.

Interest shall accrue on all amounts under this Section from the effective date of imposition of the administrative civil penalty to the date fully paid pursuant to the laws applicable to civil money judgments.

M.

Consideration in Other Proceedings and Applications.

1.

The Board of Supervisors, the Planning Commission, and any other board or commission of the County, and County staff may consider the fact that a responsible party has been issued a Notice of Violation, Abatement Order, and/or administrative citation when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing the code violation, and may consider such Notice of Violation, Abatement Order, and/or administrative citation to be evidence that the responsible party has committed acts that threaten the health, safety, and welfare of the general public.

2.

The Board of Supervisors, the Planning Commission, and any other board or commission of the County, and County staff may impose a moratorium on issuing new, renewed, or revised permits, licenses, or other approvals on a parcel pending satisfactory resolution of a Notice of Violation, Abatement Order, and/or payment of an administrative citation regarding a code violation on the same subject parcel.

N.

Request for Administrative Hearing.

1.

A responsible party to whom a Notice of Violation, Abatement Order, and/or an administrative citation is issued may request an administrative hearing within five (5) calendar days of service of the Notice of Violation, Abatement Order, and/or administrative citation.

2.

A request for an administrative hearing shall be made in writing and filed with the Nevada County Clerk of the Board of Supervisors and shall state all grounds for appeal which the appellant wishes the County to consider. The written request shall be accompanied by the County's appeal fee as may be approved by the Board of Supervisors from time to time.

3.

The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. Failure to timely request an administrative hearing in the manner required by this Section constitutes a waiver of the administrative hearing and a failure to exhaust administrative remedies. In the absence of a timely filed appeal by way of written request for a hearing that complies fully with the requirements of this Section, the findings and administrative civil penalties of the enforcing officer contained in the Notice to Abate shall become final and conclusive on the sixth (6th) calendar day following service of the Notice to Abate.

4.

The hearing on the appeal shall occur not more than thirty (30) days after receipt of a timely appeal and shall provide written notice of the hearing date and time to the appellant at least ten (10) days prior to the date of the hearing, unless such time limits are waived in writing by the Enforcement Officer and the appellant.

5.

At the time of submitting the request for an administrative hearing, the appellant requesting the administrative hearing shall pay an appeal fee as may be set from time to time by resolution of the Board of Supervisors. The County may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with a Notice of Violation and/or Abatement Order, and other factors indicating good faith attempts to comply.

6.

Unless otherwise required by the California Building Code, an adopted uniform code, or other provision of law, administrative hearings shall be conducted and heard by a hearing body.

O.

Administrative Hearing.

1.

The Board of Supervisors delegates the responsibility to conduct a hearing in conformance with this Section to a hearing body.

2.

The administrative hearing shall be conducted by the hearing body on the date, time, and location specified in the notice of hearing transmitted to the appellant. Notice(s) of violation, Abatement Order(s), administrative citation(s), and other reports prepared by an Enforcement Officer concerning a code violation(s) shall be accepted by the hearing body as prima facie evidence of the facts stated in such documents. The hearing body shall allow the appellant an opportunity to testify at an administrative hearing and to present evidence about any code violation specified in the Notice of Violation, Abatement Order, and/or administrative citation. The Enforcement Officer or other representatives of the County may, but are not required to, attend the administrative hearing.

3.

The hearing body may continue an administrative hearing from time to time and allow an appellant additional time to remedy a code violation. In addition, the hearing body may request additional information or evidence from the appellant.

4.

An administrative hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might consider such admission improper in a civil or criminal proceeding. Irrelevant or unduly repetitious evidence may be excluded at the discretion of the hearing body.

5.

After considering all testimony and evidence submitted at the administrative hearing, the hearing body shall issue a written decision, or take the matter under submission and issue a written decision within ten (10) days of the hearing, and shall affirm, modify or dismiss the notice(s) of violation, Abatement Order(s), and/or administrative citation(s), and shall determine whether or not the County is entitled to reimbursement for administrative costs, including costs of the hearing officer's services. The decision shall include the hearing body's findings, as well as information regarding the appellant's right to seek judicial review of the decision and the time in which to do so. The Clerk of the Board of Supervisors shall serve the appellant and Enforcement Officer with a copy of the hearing body's written decision (the "notice of decision"). The decision of the hearing body shall be final. If the hearing body determines that the notice(s) of violation, Abatement Order(s), and/or administrative citation(s) should be dismissed, the County will refund the appellant's appeal fee in full.

6.

Payment of any administrative penalty and/or costs imposed by the hearing body shall be made to the County within twenty (20) calendar days of service the hearing body's decision, unless timely appealed to the Superior Court in accordance with Cal. Gov't Code § 53069.4(b).

P.

Judicial Review. Any party to an administrative hearing may seek judicial review of a hearing body's decision by filing a petition for review with the Superior Court, pursuant to Cal. Gov't Code § 53069.4, within twenty (20) days after service of the notice of decision. For purposes of this Subsection, "service" means personal service or deposit in the mail, first-class, postage prepaid, and return receipt requested to the last known address of the appellant and/or to any address which the appellant has used in dealings with the County. Pursuant to Cal. Civ. Proc. Code § 1013, if the County serves a hearing body decision by mail, the time to file a petition for review in Superior Court shall be extended by five (5) calendar days. Service shall be deemed completed on the date the notice of decision is postmarked.

Q.

Collection of Costs and Penalties.

1.

The County may pursue any and all legal and equitable remedies for the collection of fines, interest, administrative costs, and attorney's fees incurred. Resort to any one (1) remedy shall not foreclose subsequent or simultaneous resort to any other.

2.

The County may seek to enforce any notion of violation, abatement order, administrative citation, fine, penalty, interest, administrative costs, and attorney's fees by confirmation from a court of competent jurisdiction. Any of such judicially confirmed may be enforced through all normal enforcement measures, including without limitation, criminal contempt proceedings upon a subsequent violation of such order.

3.

Administrative costs may be recorded as a lien or special assessment against a property on which a code violation occurred. Prior to recording a lien or special assessment, the County shall prepare a cost report itemizing the amount owed by the responsible party and give known responsible party reasonable opportunity to be heard with respect to that cost report. The time and place where the Enforcement Officer will submit the account to the hearing body for confirmation shall be no less than fifteen (15) days after service of the cost report. The County shall comply with any other law applicable to the recording of any delinquent costs and interest as a lien on the property, or as a special assessment.

4.

The notice of violation, abatement order, and administrative citation procedures described in this Section do not preclude the County from recovering any code violation abatement costs and/or administrative costs incurred by the County in performing its code enforcement efforts.

5.

A prevailing party shall be entitled to recover attorney's fees in an amount not to exceed the amount of attorney's fees incurred by the County in such action. Recovery by the County of administrative costs shall be in addition to any fine or penalty imposed on the responsible party.

R.

Hearing on Account and Proposed Lien. At the time and place fixed in the notice, the hearing body will hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the hearing body may make such modifications and revisions of the proposed account and assessment as deemed just and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised, and shall issue a written recommendation regarding the proposed lien to the Board of Supervisors. The Board of Supervisors may summarily adopt the recommendation of the hearing body without further notice of hearing or may set the matter for a de novo hearing in accordance with Cal. Gov't Code § 25845(h). The determination of the Board of Supervisors as to all matters contained therein shall be final and conclusive.

S.

Notice of Lien; Recordation of Lien; Collection of Lien.

1.

Upon confirmation of an assessment by the Board of Supervisors, Code Compliance shall notify the affected parcel owners by certified mail, return receipt requested, of the amount of the pending lien confirmed by the Board of Supervisors, and advise them that they may pay the account in full within thirty (30) days in order to avoid the lien being recorded against the parcel(s). If the lien amount is not paid by the date stated in the letter, Code Compliance shall prepare and have recorded a Notice of Lien with the Nevada County Clerk-Recorder's office.

2.

The Notice of Lien shall contain:

a.

A legal description, address and/or other description sufficient to identify the parcel(s) to be liened.

b.

A description of the proceeding under which the special assessment was made, including the order of the Board of Supervisors under this Code confirming the assessment.

c.

The amount of the assessment.

d.

A claim of lien upon the described parcel(s).

3.

Upon the recordation of a Notice of Lien, the amount claimed shall constitute a lien upon the described parcel(s), pursuant to Cal. Gov't Code § 25845. Such lien shall be at parity with the liens of State and County taxes, to the extent allowed by applicable law.

4.

The Board of Supervisors may authorize the Auditor-Controller to place the amount of the assessment on the next annual tax roll.

5.

The amount set forth shall be subject to the same penalties and interest as ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes are hereby made applicable to such assessment to the extent allowed by applicable law.

6.

The County may pursue any and all legal and equitable remedies for the collection of fines and/or penalties, interest, administrative costs, and attorney's fees incurred. Resort to any one (1) remedy shall not foreclose subsequent or simultaneous resort to any other.

(Ord. 2491. (04/27/2021); Ord. 2510. (06/28/2022); Ord. 2533. (12/05/2023))