This Chapter provides procedures for adjustments to the provisions of this Title, amendments to this Title and the General Plan, appeals, and public hearings.

The responsibility for the administration of this Title is delegated to the Director of Planning and Building, who will advise the public about its requirements. The Director of Planning and Building is referred to in this Title as the "Director." The responsibilities of the Director under this Title include the following functions, which may be carried out by Department employees under the supervision of the Director:

A.

Application processing. Receive and review all applications for projects; certify that applications submitted have been properly completed; establish permanent files; conduct site and project analyses; post public notices; meet with applicants; collect fees; prepare reports; process appeals; present staff reports to the Zoning Administrator, Subdivision Review Board, Commission, or Board (as applicable); and

B.

Zoning administration. Function as Zoning Administrator in compliance with the authority established by Government Code Sections 65900 et seq. in the conduct of hearings and the issuance of discretionary entitlements, where provided by this Title; and

C.

Permit issuance. Issue permits under this Title and certify that all issued permits are in full conformance with its requirements; and

D.

Coordination. Refer and coordinate matters related to the administration of this Title with other agencies and County departments; and

E.

Amendment. In compliance with Section 22.70.040 (Amendment), petition the Board to initiate amendment of this Title when the amendment would better implement the General Plan and increase its effectiveness and/or improve or clarify the procedures or content of this Title; and

F.

Enforcement. Enforce and secure compliance with the provisions of this Title in compliance with Chapter 22.74 (Enforcement).

[Amended 1986, Ord. 2250; 1992, Ord. 2583] [22.01.040]

A.

When allowed. When a standard of Articles 3, 4, or 5, or a planning area standard of Article 9 identifies specific circumstances under which reduction of the standard is appropriate, an applicant may request an adjustment to the standard. (For example, Section 22.10.140.D.2.b provides that a required front setback may be reduced to a minimum of five feet through the adjustment process when the elevation of the lot is seven feet above or below the street centerline at 50 feet from the centerline.)

B.

Application filing and processing. An adjustment request shall be filed with the Department in the form of an attachment to the project application, with appropriate supporting materials. The request shall specify the Land Use Ordinance standard requested for adjustment, and document the manner in which the proposed project qualifies for the adjustment. A request for adjustment shall not be accepted for processing by the Department unless the request is within the range of adjustments prescribed in the standard. A request for adjustment shall be approved by the Director when the Director finds that the criteria for adjustment specified in the subject standard are satisfied.

[Amended 1984, Ord 2163] [22.01.044]

A.

Purpose. The purpose of this section is to provide a procedure for an individual with a disability to seek a reasonable accommodation in the application of this Title to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities as provided by the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, herein known as the "Acts." Reasonable accommodation means providing an individual with a disability flexibility in the application of land use regulations, including modification or exception to the requirements for siting development when necessary to eliminate regulatory barriers.

B.

Applicability. Any person seeking approval to construct and/or modify residential housing and/or emergency shelters to allow for the accommodation by person(s) with disabilities, and/or operate residential care facilities, which will serve persons with disabilities, may apply for a reasonable accommodation adjustment.

C.

Application filing. An adjustment request shall be filed with the Department in the form of an attachment to the project application, with appropriate supporting materials including:

1.

The applicant's name, address and telephone number.

2.

Address of the property for which the request is being made.

3.

The current actual use of the property and how the property will be used by the individual protected under the Acts.

4.

The basis for the claim that the individual is considered disabled under the Acts.

5.

The provision, regulation or policy from which reasonable accommodation is being requested.

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

D.

Review procedure. The request shall specify the Land Use Ordinance standard requested for adjustment, and document the manner in which the proposed project qualifies for the adjustment. A request for adjustment shall not be accepted for processing by the Department unless the request is within the range of adjustments prescribed by this Section. A request for adjustment shall be approved by the Director when the Director finds the following:

1.

The housing, which is the subject of the request, will be used by an individual with a disability protected under the Acts.

2.

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability protected under the Acts.

3.

The requested reasonable accommodation would not impose an undue financial or administrative burden on the County.

4.

The requested reasonable accommodation would not require a fundamental alteration in the nature of County ordinances or general plan.

5.

The requested reasonable accommodation would not waive a requirement for a land use permit, building permit or encroachment permit.

6.

The requested reasonable accommodation will not result in approved uses that are otherwise prohibited by the County's ordinances and general plan.

7.

If the Director grants, or grants with modifications, the adjustment, the adjustment shall be granted to an individual and shall not run with the land unless the Director also finds that the modification is physically integrated into the structure and cannot be easily removed or altered to comply with this Title.

8.

The requested is limited to the minimum reasonable accommodation necessary to accommodate the needs of the individual protected under the Acts.

E.

Reasonable accommodation adjustment.

1.

Adjustments allowed. Adjustments may include, but are not limited to:

a.

setbacks and encroachments for ramps, handrails or other such accessibility improvements;

b.

hardscape additions such as widening driveways, parking areas or walkways that would not otherwise comply with landscaping or open space provisions;

c.

reduction to off-street parking where the disability clearly limits the number of people operating vehicles;

d.

tree removal; and building addition(s) necessary to afford the applicant and equal opportunity to use and enjoy a dwelling.

2.

Adjustments prohibited. Adjustments may not include accommodations which would impose an undue financial or administrative burden on the County or require a fundamental alteration in the County's Ordinances or General Plan. A reasonable accommodation cannot waive a requirement for a land use permit when one is otherwise required or result in approved uses otherwise prohibited by the County's Ordinances and General Plan.

F.

Duration of reasonable accommodation.

1.

The reasonable accommodation may continue to be used and maintained by the individual with a disability for the duration of his or her tenancy in the dwelling subject to the finding in Subsection D.7.

2.

Within 60 days of the termination of the tenancy the reasonable accommodation shall be removed unless the Director has determined that the reasonable accommodation may remain as provided in Subsection D.7.

[Added 2014, Ord. 3262]

This Title may be amended as provided by this Section whenever the Board determines that public necessity, convenience, or welfare would be served.

A.

Initiation of amendment. The Board may initiate the processing of an amendment upon its own motion; may accept a request for amendment from any interested party, including the Director and/or Commission; and may deny the processing of any requested amendment. Amendment requests from the public shall be filed using the forms provided by the Department and shall include the filing fee set by the county fee ordinance. The Board may refer a proposed amendment to the Director and/or Commission for response before deciding whether to process the amendment.

B.

Commission hearing. After review of a proposed amendment in compliance with the California Environmental Quality Act, and completion of a Department staff report, the Commission will provide notice and hold a public hearing in compliance with Section 22.70.060. The purpose of the hearing shall be to receive testimony from parties interested in the proposed amendment, consider the recommendations of the Director, and adopt a recommendation to the Board.

C.

Commission recommendation. After the public hearing, the Commission shall submit a written recommendation to the Board on the proposed amendment, giving the reasons for the recommendation and the relationship of the proposed amendment to affected elements of the General Plan and any affected specific plans.

D.

Board hearing and decision. After receiving the Commission recommendation, the Board shall hold a public hearing in compliance with Section 22.70.060. The Board may approve, modify or disapprove the recommendation of the Commission. However, any modification of a proposed amendment by the Board not previously considered by the Commission shall first be referred to the Commission for report and recommendation. The Commission is not required to hold a public hearing on this type of referral. Failure by the Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the amendment.

[Amended 1992, Ord. 2583] [22.01.050]

Decisions of the Director, Department, or Commission may be appealed by an applicant or any aggrieved person as follows:

A.

Processing of appeals:

1.

Timing and form of appeal. An appeal shall be filed within 14 days of the decision that is the subject of the appeal, except where otherwise provided in this Title, using the form provided by the Department in addition to any other supporting materials the appellant may wish to furnish, explaining the reasons for the appeal. An appeal shall be filed with the Director, who shall process the appeal in compliance with this Section, including scheduling the matter before the appropriate Review Authority.

2.

Report and hearing. When an appeal has been filed, the Director will prepare a report on the matter, and cause the appeal to be scheduled for consideration by the appropriate Review Authority identified in Subsection B. at its next available meeting after completion of the report.

3.

Action and findings. After holding a public hearing in compliance with Section 22.70.060 (Public Hearing), the appeal body may affirm, affirm in part, or reverse the action, decision or determination that is the subject of the appeal, based upon findings of fact regarding the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions of this Title.

4.

Withdrawal of appeal - Land use permits. After an appeal to a decision on a land use permit has been filed, the appeal shall only be withdrawn with the consent of the Review Authority or by written request of the individual or group that generated the appeal.

5.

Appeals with other remedies available. Appeals relating to matters resolvable through adjustment, Variance, amendment of the Land Use Element or this Title, or modification of the provisions of this Title through Conditional Use Permit approval where allowed by Articles 3, 4, 5, and 9, shall be processed according to the procedures of Sections 22.70.030 and 22.62.070; Chapter 2 of the Land Use Element; Section 22.70.040, and Articles 3, 4, 5, and 9, respectively, instead of this Section.

B.

Appeal jurisdiction. An appeal shall be heard and decided by the appeal body identified as follows, except where another Section of this Title may specify a particular appeal body for the purposes of that section.

1.

Department decisions. The following decisions of the Director and/or Department staff may be appealed to the Commission:

a.

Determination on the meaning or applicability of the provisions of this Title which are believed to be in error, and cannot be resolved with staff;

b.

Any determination that a land use permit application or information submitted with the application is incomplete (as provided by Government Code Section 65943);

c.

Any decision of the Department to approve or deny any application for Site Plan Review approval;

d.

Any determination of consistency with the Land Use Element;

e.

Any decision by the Director to revoke an approved Zoning Clearance or Site Plan Review.

2.

Commission or Zoning Administrator decisions. Any decision of the Commission or the Zoning Administrator in compliance with this Title may be appealed to the Board. The decision of the Board shall be final.

3.

Subdivision Review Board decisions. Any decision of the Subdivision Review Board on a land use permit associated with a land division application may be appealed to the Board. The decision of the Board shall be final.

[Amended 1984, Ord. 2163; 1985, Ord 2217; 1988, Ord. 2339; 1992, Ord. 2553; 1992, Ord. 2853; 1994, Ord. 2696; 1996, Ord. 2776; 1999, Ord. 2880; 2004, Ord. 3034] [22.01.042]

When a public hearing is required by this Title before action on a Minor Use Permit (Section 22.62.050), Conditional Use Permit (22.62.060), Variance (Section 22.62.070) appeal (Section 22.70.050) or amendment (Section 22.70.040), the hearing shall be conducted as provided by this Section.

A.

Notice of hearing. Notice of a public hearing shall be given as follows:

1.

Content of notice. Notice of a public hearing shall contain the information required by Government Code Section 65094 and any additional information the Director deems appropriate.

2.

Method of notice/distribution. Notice of public hearings in compliance with this Title shall be given as follows:

a.

Land use permits and appeals. Notice shall be given as provided by Government Code Section 65091.

b.

Land Use Ordinance amendments. Notice shall be given in compliance with Government Code Sections 65090 and 65091 et seq.

B.

Scheduling of hearing. After an application for a land use permit, Variance or proposed amendment to this Title is issued an exemption, negative declaration or environmental impact report, or an appeal to a county action is filed, the matter shall be scheduled for public hearing on the next available Zoning Administrator, Subdivision Review Board, Commission or Board agenda (as applicable) reserved for these matters after completion of the Department staff report. At the request of the project applicant and/or at the discretion of the Review Authority, a public hearing may be continued from time to time.

C.

Notice of County action when hearing is continued. If a decision on a permit or amendment is continued by the county to a time which is neither previously stated in the notice provided in compliance with Subsection A., nor announced at the hearing as being continued to a time certain, the county shall provide notice of the further hearings (or action on the proposed development) in the same manner as provided by Subsection A.

D.

Conduct of hearing. At the public hearing, interested persons may present information and testimony relevant to a decision on the proposed project or amendment. Applications will be scheduled for separate action, except that a consent agenda may be used, where several applications may be considered at one time.

[Amended 1992, Ord. 2583] [22.01.060]

The regulations provided in this Chapter are intended to control, improve or terminate land uses that do not comply with the provisions of this Title.

[22.09.010]

Nonconforming use includes any of the following that were lawfully established before the effective date of this Title, or amendment to this Title that caused the use to become nonconforming:

A.

Nonconforming use of land:

1.

A use of land established where the use is not identified as an allowable use by Section 22.06.030;

2.

A use of land that is identified as an allowable use by Section 22.06.030, but:

a.

Is not allowable on the particular site because of planning area standards of Article 9 (Community Planning Standards);

b.

Was lawfully established without the land use permit now required by this Title; or

c.

Is operated or conducted in a manner that does not now conform with standards of this Title relating to minimum site area, limitations on use, or location criteria.

3.

A residential use that exceeds the number of dwelling units allowed on the site by this Title.

B.

Nonconforming building, structure or site development:

1.

A building or structure that was established or is conducted in a manner which does not conform with standards or permit requirements of this Title relating to setback requirements, height limitations or sign requirements; or

2.

A building or structure that does not conform with one or more standards of Title 19 of this code (the Building and Construction Ordinance); or

3.

A site that is developed and/or laid out in a manner that does not conform with standards of this Title relating to site access location, parking and loading, landscaping, screening, fencing, signs, solid waste collection and disposal, exterior lighting, fire safety or underground utilities.

[Amended 1992, Ord. 2553] [22.09.012]

A nonconforming use as defined by Section 22.72.020, which was established before the effective date of this Title or before any subsequent amendment which creates such nonconformity, may be continued and maintained as allowed by Sections 22.72.050 (Nonconforming Uses of Land) and 22.72.060 (Nonconforming Buildings, Structures or Site Development). Continuation of a nonconforming use may include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.

[22.09.020]

Nothing in this Title shall be deemed to require any change in the plans, construction, or designated use of any building for which a building permit has been issued and for which substantial site work (Section 22.64.080) was lawfully completed before the effective date of any amendment to this Title which creates a nonconformity.

[22.09.022]

Any nonconforming use of land (Section 22.72.020.A) may be continued as follows, except as provided by Section 22.72.080 (Destroyed Structures and Signs):

A.

Expansion of existing use. The use may not be enlarged, increased, or extended to occupy a greater area of land than was occupied by the use on the effective date of this Title or amendment to this Title which created a nonconformity, except as otherwise provided by this Section. No land use shall be established on the site in addition to the nonconforming use of land, except:

1.

Where the nonconforming use is first brought into conformity with all applicable provisions of this Title and Title 19 of this code prior to application for a new conforming use; or

2.

Where Conditional Use Permit approval authorizes a new use to be established subject to:

a.

Conditions of approval that require that the nonconforming use be brought into conformity within a specific time to be determined by the Commission, not to exceed three years; or

b.

Findings by the Commission that the proposed new use is independent from the nonconforming use and will not act to prolong the nonconforming use.

B.

Maintenance, repair and alteration. A building or structure that constitutes a nonconforming use of land may undergo necessary repairs and maintenance consistent with the provisions of Section 22.72.080 (Destroyed Structures and Signs), but shall not be altered except for non-structural changes in the appearance of the building. Structural changes shall occur only where needed to correct conditions that have been determined by the building official to be hazards to the health or safety of users of the building or structure.

C.

Discontinued use. If a nonconforming use of land is discontinued for a period of six months or more, or a nonconforming use of land in a building designed exclusively for the use (e.g., a service station) is discontinued for 12 months or more, any following use shall be in conformity with all applicable requirements of this Title, except as provided by Section 22.72.100 (Nonconforming Parking).

D.

Single-family dwelling. A detached single-family dwelling existing as a principal use, and any accompanying residential accessory uses, may be continued as residential uses subject to Subsection B., and may be altered, provided that no increase in the number of dwelling units, or aggregate increase greater than 25 percent in the usable floor area, occurs. Additional residential accessory uses may also be established on the site as part of the allowed 25 percent expansion. Any expansion in compliance with this standard shall be in accordance with all applicable provisions of Articles 3, 4, and 5.

E.

Destroyed structure. When a structure that constitutes a nonconforming use of land is destroyed or partially destroyed, its restoration is subject to Section 22.72.080 (Destroyed Structures and Signs).

F.

Nonconformity due to lack of land use permit. Any nonconforming use that is nonconforming only because of the absence of a land use permit shall not be enlarged, altered or extended to occupy a greater land area without first securing approval of the required land use permit. The use shall be deemed a conforming use upon securing approval of the permit. Proposals for agricultural worker housing in compliance with Section 22.30.480.B. shall not be deemed an enlargement, alteration or extension of the existing use for purposes of this Subsection.

G.

Nonconforming use of land in a conforming building or structure. The use of a building that is in conformity with the provisions of this Title for a nonconforming use of land may be continued and may be extended throughout the building provided no structural alterations to the building are made except those required by law.

[Amended 1992, Ord. 2539, 2553; 2020, Ord. 3417] [22.09.026]

Any nonconforming building, structure or site development as defined by Section 22.72.020.B may continue to be used as provided by this Section (and Section 22.72.070 in the case of nonconforming signs) where the structure was established and has been maintained in a lawful manner and condition.

A.

Nonconforming buildings or structures - Expansion or alteration. The floor area or the footprint of a nonconforming building or structure shall not be increased, nor shall any structural alteration occur, except:

1.

Proposed alterations or expansions consistent with all applicable provisions of this Title, when accompanied by any additional alterations necessary to bring the entire building or structure into conformity with all applicable provisions of Title 19 of this code.

2.

Minor alterations which are determined by the building official to be necessary to improve or maintain the health and/or safety of the occupants, or are required by law.

3.

Restoration of destroyed or partially destroyed nonconforming buildings or structures, subject to Section 22.72.080 (Destroyed Structures and Signs).

The establishment of additional conforming buildings, structures or uses on the site may be allowed as provided by Subsection B.

B.

Additional buildings, structures or uses. Separate conforming buildings, structures and uses of land may be established on the same site as a nonconforming building or structure, as follows:

1.

Permit requirement: Minor Use Permit for all uses except agricultural worker housing, unless this Title would otherwise require Conditional Use Permit approval for the proposed additional building, structure or use. Site Plan Review for agricultural worker housing unless this Title would otherwise require Conditional Use Permit or Minor Use Permit approval.

2.

Criteria for approval. The Review Authority shall not grant a Minor Use Permit in compliance with this Section unless it first determines that the existing building or structure satisfies the following requirements, or will be modified to meet the requirements as a result of conditions of approval.

a.

The existing building or structure shall be brought into conformity with all applicable provisions of Chapter 22.50 (Fire Safety), provisions of Chapter 22.10 relating to air quality, explosives storage, exterior lighting, flammable and combustible liquids storage, noise, vibration, and water quality, and provisions of Chapter 22.14 relating to Airport Review, Flood Hazard and Geologic Study Areas.

b.

The building or structure shall conform with all applicable provisions of Title 19 of this code and the California Building Standards Code regarding the location of buildings on property and the fire resistiveness of exterior walls, parapets and roofs.

The Review Authority may also require through conditions of approval that the nonconforming building or structure be brought into compliance with any applicable provisions of this code if they find that the correction is necessary to enable making the findings required for the approval of a Minor Use Permit or Conditional Use Permit by Sections 22.62.060, or to avoid other anticipated problems with the new proposed use.

C.

Substitution of use. A use of land on a site with a nonconforming building or structure or nonconforming site development may be replaced with another use only as follows:

1.

Substitution shall occur only when the new use is identified as an allowable use by Section 22.06.030 (Allowable Land Uses and Permit Requirements); and

2.

The new use is established in compliance with the permit requirements and all other applicable provisions of this Title, except:

a.

Modifications or alterations to the building may occur as provided by Section 22.72.060.A; and

b.

Where the building or site does not conform with the parking standards of Chapter 22.18 (Parking and Loading Standards), substitution shall satisfy the provisions of Section 22.72.100 (Nonconforming Parking) instead of Chapter 22.18.

[Amended 1992, Ord. 2539; 2014, Ord. 3282; 2020, Ord. 3417] [22.09.030]

The use of a legal nonconforming sign may be continued as follows, except as otherwise provided by Section 22.72.060.C (Substitution of Use):

A.

Expansion - Free standing sign. A free-standing sign shall not be increased in area or lighting intensity; or moved from its location on the effective date of this Title or amendment to this Title which created a nonconformity, unless relocated in compliance with this Title.

B.

Attached sign. A nonconforming sign affixed to a structure shall not be:

1.

Increased in area;

2.

Moved from its location on the effective date of this Title unless required by law or in compliance with this Title;

3.

Be provided with increased or intensified lighting;

4.

Changed to an advertisement for a business not occupying the premises or a product not sold on the premises.

C.

Sign copy. The advertising copy on a nonconforming sign may be changed, except as provided by Subsections B., D. and E.

D.

Discontinued use. If the use of a building or land associated with a nonconforming sign is discontinued, any signs except for an off-premise sign shall thereafter conform to Chapter 22.20 (Signs). Once a nonconforming off-premise sign is removed from a site, it shall not be reconstructed or replaced.

E.

Public nuisance. Any nonconforming sign that is found to present a danger to the public or becomes unsightly because of disrepair or lack of proper maintenance may be declared a public nuisance by the Commission and abated as set forth in Chapter 22.74 (Enforcement).

F.

Destroyed sign. Restoration of a destroyed or partially destroyed nonconforming sign is subject to Section 22.72.080 (Destroyed Structures and Signs).

[22.09.032]

The replacement of a destroyed nonconforming building, structure or sign shall occur only as allowed by this Section.

A.

Replacement of destroyed non-residential structures.

1.

If a nonconforming structure, a structure that constitutes a nonconforming land use (Section 22.72.050) or a nonconforming sign is destroyed or partially destroyed to the extent of 75 percent or more of the replacement cost (as determined by the County Fee Ordinance) of the total structure before destruction by fire, explosion or act of God, the destroyed use, structure or sign may be replaced or reconstructed only when the use, structure or sign and the site on which it was located are in conformity, or are brought into conformity with all applicable requirements of this Title.

2.

If a nonconforming use, structure or sign is partially destroyed to less than 75 percent of its replacement cost, it may be restored to its former nonconforming status.

B.

Replacement of destroyed dwellings. The replacement of a destroyed dwelling that was a nonconforming building or was located on a parcel with nonconforming site development is subject to the same requirements that are applied to non-residential structures by Subsection A. The replacement of a destroyed dwelling that was a nonconforming use of land is instead subject to the following requirements.

1.

Permit requirement: Minor Use Permit.

2.

Required findings - Agricultural worker housing. A Minor Use Permit to allow the replacement and restoration of destroyed agricultural worker housing to their former nonconforming status shall be approved only where the applicable Review Authority can first find that.

a.

The agricultural worker housing was being used for the housing of farm or ranch workers employed on the same site at the time of its destruction;

b.

Agricultural operations on the site are the same as or are more intensive than the agricultural use that existed on the site at the time the agricultural worker housing were established;

c.

The agricultural uses on the site are likely to remain in operation over the life of the agricultural worker housing; and

d.

If the site is no longer designated by the Land Use Element as being in the Agriculture land use category, the replacement of the agricultural worker housing will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current non-agriculture land use category.

3.

Required findings - Other types of dwellings. A Minor Use Permit to allow the replacement and restoration of destroyed dwellings (other than agricultural worker housing) to their former nonconforming status shall be approved only where the Review Authority can first find that.

a.

Replacement of the dwelling will not act to hinder the orderly development of areas surrounding the site with land uses allowed by the current nonresidential land use category;

b.

The site will not be needed for the types of land uses allowed by the current non-residential land use category during the life of the dwelling; and

c.

In the case of destroyed dwellings that were nonconforming because they exceeded the density currently allowed by this Title, replacement and restoration will only include the number of dwellings currently allowed.

4.

Timing of replacement. A Minor Use Permit for a replacement dwelling in compliance with this Section shall not be approved unless the application was filed with the Department and accepted for processing in compliance with Section 22.60.050.A (Determination of Completeness) within six months from the date of the destruction of the original dwelling.

[2020, Ord. 3417]

The keeping of types or numbers of animals not allowed by Section 22.30.090 (Animal Raising and Keeping) may be continued provided that.

A.

The number of animals existing on the effective date of this Title or amendment which created a nonconformity shall not be increased except for new offspring of existing animals, which may be retained on-site until weaned, after which the new animals shall be removed.

B.

Deceased animals, or animals that are relocated for more than 90 days shall not be replaced.

Though this Section provides for the keeping of animals that are not in conformity with this Title, the use may be declared a public nuisance and abated in compliance with Chapter 22.74 (Enforcement), where the use is found by the Board to be dangerous or to prevent the full use and enjoyment of neighboring properties.

[Amended 1992, Ord. 2553] [22.09.034]

Where a site is nonconforming only as to off-street parking (Section 22.04.160 et seq. - Parking), a new or additional allowable use may be established on the site or an existing allowable use may be expanded only after the requirements of this Title for off-street parking have been met for both the existing structure and the expansion, except as follows.

A.

Substitute uses. A use of land on a site with nonconforming parking may be replaced with a different use only as allowed by Section 22.72.060.C, and as follows.

1.

Where a substitute use is required by Chapter 22.18 to provide the same number of parking spaces as the previous use, no additional parking is required.

2.

Where a substitute use is required to have more spaces than the existing use, the number of spaces provided shall be the difference between those required for the new use and those required for the existing uses.

B.

Expansion of existing use. An approved use may be expanded on a site with nonconforming parking only where the nonconformity is corrected, except in a central business district where the expansion may occur if parking is provided as required by Chapter 22.18 for the area of the expansion only.

[22.09.036]

A legal nonconforming lot may be used as provided by this Section.

A.

Legal nonconforming lot defined. Any lot having an area less than the smallest minimum required or having a frontage, width, or depth less than the minimum prescribed by this Title or other ordinances, is a legal nonconforming lot if:

1.

The lot is shown on a duly approved and recorded subdivision or parcel map; or

2.

The lot was created by means which were consistent with applicable legal requirements at the time the lot was created; or

3.

Verified by a Certificate of Compliance issued in compliance with Government Code Section 66499.35.

B.

Use of nonconforming lots. A legal nonconforming lot may be used as follows.

1.

A legal nonconforming lot may be used for any use identified as allowable in the applicable land use category by Section 22.06.030 (Allowable Land Uses and Permit Requirements), subject to Section 22.10.110 (Minimum Site Area) and Section 22.10.100 (Lot Consolidation) except where otherwise provided by a planning area standard (Article 9).

2.

Any group of nonconforming lots may be redivided, provided that.

a.

The division is in accordance with all applicable requirements of Title 21 of this code;

b.

No parcel is less than the minimum area required by Section 22.10.100 (Lot Consolidation).

[Amended 1987, Ord. 2313] [22.09.060]

This Chapter establishes procedures for enforcement of the provisions of this Title and the provisions of Title 19 of this code. The enforcement procedures of this Chapter are intended to support timely correction of nuisances and violations of the provisions of this, Title while assuring due process of law in the abatement or correction of nuisances and violations.

[22.10.010]

It shall be the duty of the San Luis Obispo County Sheriff, the Director, the Chief Building Official and the employees of the Department designated by the Director as Code Enforcement Officers to enforce the provisions of this Title. A Code Enforcement Officer has the following responsibilities and authorities in the enforcement and administration of the provisions of this Title.

A.

To review with affected individuals the provisions of this Title through initiation of administrative hearings and other methods to support voluntary compliance with its provisions.

B.

To issue citations for violations of this Title, and for violations of Titles 6 and 19 of this code and to issue stop work orders in compliance with Title 19 of this code.

C.

To initiate all necessary proceedings to forfeit bond or cash deposits.

D.

To initiate proceedings to revoke land use permits and other entitlements granted under this Title.

E.

To initiate and conduct nuisance abatement proceedings and to carry out additional abatement responsibilities regarding violations of this Title.

F.

To work with the Building Official in administering substandard building abatement programs

G.

To administer abandoned vehicle abatement programs in compliance with Chapter 8.24 of the County Code.

H.

To carry out any other special enforcement programs initiated by order or resolution of the Board, and any other responsibilities and authorities specified by this Chapter or this code.

A.

Unless a different penalty is prescribed for violation of a specific provision of this Title, any person violating any of the provisions or failing to comply with the requirements of this Title is guilty of a misdemeanor, provided, however, that the offense shall be an infraction in the following events.

1.

The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor, or;

2.

The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

B.

Each separate day on which a violation of this Title exists shall constitute a separate offense.

C.

Any person convicted of a misdemeanor under this Title shall be punished by imprisonment in the County jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both.

D.

Any person convicted of an infraction under this Title shall be punished by a fine not exceeding $100 for the first violation; by a fine not exceeding $200 for a second violation of the same ordinance within one year; and by a fine not exceeding $500 for each additional violation of the same ordinance committed by that person within one year.

E.

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Title.

[Amended 1989, Ord. 2417] [22.10.022]

No person shall obstruct, impede or interfere with the Code Enforcement Officer or any other county employee, contractor or other authorized representative in the performance of code enforcement and nuisance abatement duties in compliance with this Title or other titles of this code.

[22.10.024]

Hearings conducted for the purposes of permit revocation, nuisance abatement, or appeals on the forfeiture of bonds pursuant to this Section, shall be conducted as follows.

A.

The Board of Supervisors hereby establishes the Office of County Hearing Officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code, to which Office the Board of Supervisors by resolution shall appoint one or more Hearing Officers. Each Hearing Officer shall be a duly licensed attorney at law that has been admitted to practice before the courts of this state for at least five years. A Hearing Officer shall be appointed for a term of at least one year. If the Board appoints more than one Hearing Officer, a Hearing Officer shall be assigned by the Director of the Department of Planning and Building, or a designee, based on an alphabetical rotation and/or availability of the officer(s).

The Board of Supervisors shall approve by resolution policies and procedures relating to the contracting with and compensation of Hearing Officers. The compensation and/or future appointment of a Hearing Officer shall not be directly or indirectly conditioned upon the substance of his/her rulings, including, but not limited to, the amount of administrative fines levied. In the event of a vacancy, conflict of interest or other unavailability of an appointed Hearing Officer, an administrative law judge provided by the State of California Office of Administrative Hearings to function as the County Hearing Officer pursuant to Chapter 14 of Part 3 of Division 2 of Title 3 of the California Government Code or an independent contractor assigned by an organization or entity which provides hearing officers may act as a Hearing Officer for the purposes of this Chapter without further approval required by the Board of Supervisors.

Hearing Officers shall have all those powers set forth in sections 27721 and 27722 of the Government Code, including, but not limited to, the power to conduct the hearing, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to make findings of fact and conclusions of law, and to prepare a record of the proceedings, as well as the powers to in his or her discretion continue a hearing one time for no more than twenty days, upon a showing of good cause by a party of interest in advance of the date originally set for the hearing, and the power to uphold fines and abatement orders and order that the cost of the abatement be specially assessed against the parcel.

B.

Pursuant to Government Code sections 25845, subdivision (i) and 27721, subdivision (a), the Hearing Officer shall hold an administrative hearing to determine whether the conditions existing on the property subject to the notice constitute a nuisance under this Chapter, or whether there is any other good cause why those conditions should not be abated. This hearing shall be held no less than five calendar days after service of the notice of violation.

C.

The Hearing Officer shall conduct the hearing as follows:

1.

The Hearing Officer will hear sworn testimony and consider other evidence concerning the conditions constituting cause to revoke approved permit(s), to abate a nuisance, or on appeals on the forfeiture of bonds.

2.

Respondents to enforcement actions may be present at the hearing, may be represented by counsel, may present testimony, evidence, and cross-examine witnesses.

3.

If the respondent does not appear and present evidence at the hearing, the Hearing Officer may base their decision solely upon the evidence submitted by the Code Enforcement Officer. Failure of the respondent to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

4.

The hearing need not be conducted according to technical rules relating to evidence and witnesses, and may be continued from time to time.

5.

The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter who has been certified as an interpreter by either the State of California or the County of San Luis Obispo.

6.

The Hearing Officer will deliberate upon the evidence presented, and shall, within seven (7) calendar days after the close of the hearing, issue a written decision and order that either affirms, reverses, or modifies the determination contained in the Notice of Nuisance Abatement issued by the Code Enforcement Officer, and may include findings relating to the existence or non-existence of the alleged nuisance, as well as findings concerning the propriety and means of abatement of the conditions set forth in the Notice of Nuisance Abatement and/or appropriateness of fines levied. The decision of the Hearing Officer shall be mailed to, or personally served upon, the respondent and any other party upon whom the notice of violation was served, and the Code Enforcement Officer. The decision shall be final when signed by the Hearing Officer and served as herein provided.

7.

Whenever the Hearing Officer becomes aware that a respondent has failed to abate any unlawful activity within thirty (30) calendar days of the date of service of the decision of the Hearing Officer under this Section requiring such abatement, the Hearing Officer may direct a Code Enforcement Officer to enter upon the property and abate the nuisance. The Code Enforcement Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary.

8.

The costs of abatement and all administrative costs incurred pursuant to this Chapter shall be recoverable in accordance with the Section 22.74.080 and Section 22.74.150.F.

[Amended 2021, Ord. 3434][22.10.030]

A.

Service of notice. Any notice required in compliance with this Chapter shall be served by the Code Enforcement Officer as follows, except where this Chapter provides otherwise.

1.

A copy of the notice shall be either served personally or by mail, postage prepaid, certified, return receipt requested, to.

a.

The owner of the affected premises as shown on the last equalized assessment role. If no address can be found or is known to the Code Enforcement Officer, then the notice shall be mailed to the person at the address of the premises affected by the proceedings.

b.

Any lessees of record of the real property;

c.

The record owner of any affected recreational vehicle, mobile home or other vehicle and any holders of security interest(s) in the recreational vehicles, mobile homes or other vehicles;

d.

Any holder of a mortgage, deed of trust, lien or encumbrance of record on the real property; and

e.

Any person in real or apparent charge or control of the affected property, mobilehome, recreational vehicle or other vehicles.

The failure of any person to receive the notice does not affect the validity of any proceedings taken hereunder.

2.

A copy of the notice shall be prominently and conspicuously placed upon the premises affected by the enforcement proceedings.

3.

A copy of the notice shall be recorded in the office of the County recorder of San Luis Obispo County, except for a notice for a revocation of a bond or performance guarantee.

B.

Release of Notice. Where a notice has been served in compliance with this Section and a Review Authority has not determined that sufficient grounds exist for nuisance abatement, or where the owner of an affected premises has corrected the condition which was the basis for initiation of enforcement action, the Code Enforcement Officer shall record a Satisfaction Release and Removal of Notice of Nuisance or Notice of Nuisance Abatement.

[22.10.040]

This Section establishes procedures for the recovery of administrative costs incurred by the County in the enforcement process, for the abatement of conditions defined as a nuisance by Section 22.74.150.A, for the revocation of land use permits for cannabis activities by Section 22.40.110 and 22.40.120, for the abatement of conditions defined as a nuisance by Section 22.40.130.A, in cases where no permit is required in compliance with the provisions of this Title or Title 19 of this Code to abate the nuisance. These procedures are used where a nuisance is abated in advance of initiation of the procedures specified by 22.74.150.E.

A.

Definition of costs. For the purposes of this Chapter, costs shall mean administrative costs, including staff time expended and reasonably related to nuisance abatement cases where no permit is required, for items including but not limited to investigation, site inspection and monitoring, reports, telephone contacts, correspondence and meetings with affected parties.

B.

Cost accounting and recovery required. The enforcement officer shall maintain records of all administrative costs incurred by responsible county departments associated with the enforcement process in compliance with this Chapter and shall recover the costs from the property owner as provided by this Section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board.

C.

Notice of cost recovery requirements. The enforcement officer shall include in the notice of violation required by Section 22.74.100.A or Section 22.40.120, a statement of the intent of the County to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing if he or she objects to the charges. The notice shall state that the property owner will receive at the conclusion of the enforcement case a summary of administrative costs associated with the processing of the enforcement case at the hourly rate in effect at the time the case is initiated. The notice shall state that the property owner will have the right to object to the charges by filing a request for hearing with the Director within 14 days of service of the summary of charges, in compliance with Subsection D.

D.

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

E.

Hearing on objection to charges. Any property owner who receives a summary of costs in compliance with Subsection D. shall have the right to a hearing before the Hearing Officer on his or her objections to the proposed costs, as follows:

1.

Request for hearing. A request for hearing shall be filed with the Department within 14 days of the service by mail of the summary of costs, in the form of a letter setting forth the nature of the property owner's objections to the costs.

2.

Scheduling of hearing. Within 30 days of the filing of the request for hearing, and on 14 days written notice to the owner, the Hearing Officer shall hold a hearing on the owner's objections and determine the validity thereof.

3.

Decision by Hearing Officer. In determining the validity of the costs, the Hearing Officer shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists. The decision of the Hearing Officer shall be final when signed by the Hearing Officer and served in accordance with Section 22.74.060.C.6.

F.

Collection of charges. In the event that no request for hearing is filed in compliance with Subsection E. or after a hearing the Hearing Officer affirms the validity of the costs, the property owner shall be liable to the County in the amount stated in the summary or any lesser amount as determined by the Hearing Officer. The costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the country.

[2017, Ord. 3358; 2021, Ord. 3434] [22.10.050]

Any person who erects, constructs, alters, enlarges, moves or maintains any building or structure, or establishes a use of land for which a permit is required by this Title or Title 19 of this code without first having obtained a permit shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the site, first pay the additional permit processing fees as established from time to time by the County fee ordinance.

[22.10.052]

The Code Enforcement Officer is hereby empowered to use any of the procedures described by this Chapter where appropriate to correct violations of, and secure compliance with, the provisions of this Title.

[22.10.100]

The Code Enforcement Officer shall employ the procedures of this Section in the initiation of enforcement action where he or she has determined that real property is being used or maintained in violation of the provisions of this Title or Title 19 of this code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations of this code, so that the other enforcement measures provided by this Chapter may be avoided where prompt correction occurs.

A.

Notice to responsible parties. The Code Enforcement Officer shall provide the record owner of the subject site and any person having possession or control of the site with a written Notice of Violation, including the following information.

1.

Explanation of the nature of the violations and any actions which the property owner must take to correct the violations;

2.

The time limit for correction of the violation in compliance with Subsection B.;

3.

A statement that the County intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 22.74.150.A, in compliance with Section 22.74.080;

4.

A statement that the property owner may request and be provided a meeting with the Code Enforcement Officer to discuss possible methods and time limits for the correction of identified violations.

B.

Time limit for correction. The Notice of Violation in compliance with Subsection A. shall state that the violation must be corrected within 30 days from the date of the notice to avoid further enforcement action by the County, unless the responsible party contacts the Code Enforcement Officer within that time to arrange for a longer period for correction. The 30-day time limit may be extended at the discretion of the enforcement officer where he or she determines it is likely that the responsible party will correct the violation within a reasonable time. The notice may also state the requirement by the enforcement officer that correction shall occur within less than 30 days if the enforcement officer determines that the violation constitutes a hazard to health or safety.

C.

Use of other enforcement procedures. The enforcement procedures of Sections 22.74.105 through 22.74.160 may be employed by the Code Enforcement Officer after or instead of the provisions of this Section in any case where the Code Enforcement Officer determines that the provisions of this Section would be ineffective in securing the correction of the violation within a reasonable time.

D.

Acknowledgement of correction. When a violation of this code is determined by the enforcement officer to have been corrected and any cost recovery required in compliance with Section 22.74.080 has been completed, the enforcement officer shall provide the property owner with a letter acknowledging that correction has occurred and that the County enforcement case has been closed.

[22.10.105]

The Code Enforcement Officer shall employ the procedures set forth in the California Vehicle Code and Chapter 8.24 of this code to remove abandoned and/or inoperable vehicles from private property and secure their proper disposal. Abandoned vehicles located within public road rights-of-way may be removed only by the County Sheriff or California Highway Patrol.

[22.10.110]

The Code Enforcement Officer is hereby authorized by the San Luis Obispo County Board to issue a citation to any person who violates any of the provisions of this Title. Issuance of a citation shall be in compliance with Chapter 1.08 of this code (Citations). Penalties for violation are established by Section 22.74.040 (Penalties).

[22.10.120]

The Code Enforcement Officer may initiate procedures to forfeit all or a portion of a bond or cash deposit (Section 22.64.040 - Guarantees of Performance).

[22.10.130]

The Code Enforcement Officer may work with County Counsel to secure injunctive relief to terminate a violation of the provisions of this Title.

[22.10.140]

The Code Enforcement Officer may employ the provisions of this Section to secure the abatement of nuisances, as defined by this Section.

A.

Nuisance defined. Except as otherwise provided by this Section, a nuisance is any of the following:

1.

Any condition declared by a statute of the state of California or ordinance by San Luis Obispo County to be a nuisance;

2.

Any public nuisance known at common law or equity;

3.

Any condition dangerous to human life, unsafe, or detrimental to the public health or safety; and

4.

Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this Title, or Titles 6, 8, 13, or 19 of this code.

B.

Preexisting Agricultural Uses Not a Nuisance.

1.

No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began.

2.

Subsection B.1 shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof, obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

3.

This Section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural activity, operation, or facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in any such provision.

4.

For purposes of this Section, the term "agricultural activity, operation, or facility, or appurtenances thereof" shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

C.

Notice of Nuisance. Upon the determination by the Code Enforcement Officer that a nuisance exists, a Notice of Nuisance may be prepared, with copies thereof to be served as provided by Section 22.74.070.A (Service of Notice). The Notice of Nuisance shall include the following information.

1.

A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.

2.

A description of the condition causing the nuisance. Where the Code Enforcement Officer has determined that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice is to state the repairs or corrective actions that will be required, and the time limit within which the nuisance must be corrected.

3.

An order to complete abatement of the nuisance within 30 days.

4.

A statement that if the nuisance is not corrected as specified, a hearing will be held before the Hearing Officer to consider whether to order abatement of the nuisance and levy a special assessment, which may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes in compliance with Section 25845 of the Government Code. Special assessments are subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes.

5.

A statement that the County intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 22.74.150.A, in compliance with Section 22.74.080.

6.

Where the Code Enforcement Officer has determined that the condition causing the nuisance is imminently dangerous to life or limb, or to public health or safety, the notice may include an order that the affected property, building or structure be vacated, pending correction or abatement of the conditions causing the nuisance.

D.

Notice of Nuisance Abatement. If, upon the expiration of the period specified in the Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within the time specified, the Code Enforcement Officer shall prepare a Notice of Nuisance Abatement, and serve notice as provided by Section 22.74.070.A (Service of Notice). The Notice of Nuisance Abatement shall contain:

1.

A heading, "Notice of Nuisance Abatement;"

2.

A notice to appear before the Hearing Officer at a stated time and place not less than 10 nor more than 30 days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the Code Enforcement Officer; and

3.

The information specified in Subsection C.

E.

Abatement proceedings. When a Notice of Nuisance Abatement has been prepared and served in compliance with Subsection D., nuisance abatement shall proceed as follows.

1.

Hearing. A decision to abate a nuisance shall be at the discretion of the Hearing Officer, after a hearing conducted in compliance with Section 22.74.060 (Enforcement Hearings).

2.

Order by Hearing Officer. Upon the conclusion of the hearing, the Hearing Officer may terminate the abatement proceedings or it may order.

a.

That the owner or other affected person shall abate the nuisance, prescribing a reasonable time (not less than 30 days) for completion of abatement.

b.

That, in the event abatement is not commenced, conducted and completed in accordance with the terms set by the Hearing Officer, the Code Enforcement Officer is empowered and authorized to abate the nuisance.

3.

Service of Hearing Officer order. The order of the Hearing Officer shall be served as provided by Section 22.74.070.A (Service of Notice), except that the order need not be posted on the property or recorded in compliance with Section 22.74.070.A.3.

4.

Commencement of time limits. The time limits set by the Hearing Officer for completion of abatement or other required actions shall begin upon service of the notice, unless the order of the Hearing Officer sets specific dates for completion of abatement.

5.

Compliance with Hearing Officer order required. It is unlawful and a violation of this code for any person to fail to comply with the provisions of an order of the Hearing Officer in compliance with this Section. The penalty for failure to comply with the order shall be as set forth in Section 22.74.040.

F.

Abatement penalties and costs. Upon expiration of the time limits established by Subsection E.4, the Code Enforcement Officer shall acquire jurisdiction to abate the nuisance, and shall carry out the following as appropriate.

1.

Disposal of materials. Any materials in or constituting any nuisance abated by the enforcement officer may be disposed of, or if directed by the Hearing Officer where the materials are of substantial value, sold directly by the General Services Department or the Director in a manner approved by County Counsel, or sold in the same manner as surplus county personal property is sold.

2.

Account of costs and receipts and notice of assessment. The enforcement officer will keep an itemized account of the costs of enforcing the provisions of this ordinance, and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the enforcement officer is to prepare a notice to be served as provided in Sections 22.74.080.A and B., specifying.

a.

The work done.

b.

An itemized account of the costs and receipts of performing the work.

c.

An address, legal description, or other description sufficient to identify the premises.

d.

The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses.

e.

The time and place where the Code Enforcement Officer will submit the account to the Hearing Officer for confirmation. The time and place specified shall be not less than 15 days after service of the notice.

f.

A statement that the Hearing Officer will hear and consider objections and protests to the account and proposed assessment or refund.

3.

Hearing on account and proposed assessment. At the time and place fixed in the notice, the Hearing Officer will hear and consider the account and proposed assessment, together with objections and protests thereto, (Section 22.74.060 - Enforcement Hearings). At the conclusion of the hearing, the Hearing Officer may make modifications and revisions of the proposed account and assessment as he or she deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the Hearing Officer as to all matters contained therein is final and conclusive.

4.

Notice of lien. Upon confirmation of an assessment by the Hearing Officer, the Code Enforcement Officer shall notify the owners by certified mail, return receipt requested, of the amount of the pending lien confirmed by the Hearing Officer, and advise them that they may pay the account in full within 30 days to the Department, to avoid the lien being recorded against the property. If the lien amount is not paid by the date stated in the letter, the Code Enforcement Officer shall prepare and have a notice of lien recorded in the office of the County Recorder. The notice shall contain:

a.

A legal description, address and/or other description sufficient to identify the premises.

b.

A description of the proceeding under which the special assessment was made, including the order of the Hearing Officer confirming the assessment.

c.

The amount of the assessment.

d.

A claim of lien upon the described premises.

5.

Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, in compliance with Government Code Section 25845. The lien shall be at a parity with the liens of State and County taxes.

6.

Collection with ordinary taxes. After recordation, the Notice of Lien shall be delivered to the County Auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes, and is subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as are provided for ordinary county taxes; all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to the assessment.

G.

Cannabis Activity and Industrial Hemp Related Violations. Pursuant to Government Code sections 25845, subdivision (i) and 27721, the duties and powers of the Board of Supervisors under Section 22.74.150 are hereby delegated to the Cannabis Hearing Officer, established under Section 22.40.130.C, for all violations of Titles 6, 8, 19 or 22 of this code which relate to or arise from a cannabis or industrial hemp activity in the County's discretion, whether or not such cannabis or industrial hemp activity is ongoing, dormant or abandoned. Such duties and powers include conducting abatement hearings and determination of post-abatement costs and assessments. For violations which relate to or arise from a cannabis or industrial hemp activity, the Code Enforcement Officer is not required to first pursue the procedures of Section 22.74.105 or send a Notice of Nuisance under Section 22.74.150.C, and instead, upon a determination that a nuisance exists, may proceed immediately with a Notice of Nuisance Abatement under Section 22.74.150.D, with a notice to appear before the Cannabis Hearing Officer at a stated time and place not less than five (5) days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the County if not already abated by the County as an immediate threat to public health or safety. The foregoing notice may be consolidated with a notice of nuisance abatement under Section 22.40.130.B, and with a notice of violation and/or notice of fine under Sections 1.05.030 and 1.05.050. Notwithstanding Section 22.74.150.E.2.a, the Cannabis Hearing Officer may order that the owner or other affected person abate the nuisance within two (2) calendar days of the date of service of the decision of the Cannabis Hearing Officer, and, in the event the abatement is not completed, the Code Enforcement Officer is empowered and authorized to enter upon the property and abate the nuisance. Nuisances subject to abatement under this subsection include, but are not limited to: wood or chain link fences with tarp, plywood or similar screening; storage structures; raised or ground-level plant beds and pots; above ground water storage tanks or pools; hoop structures, greenhouses and frames, irrigation lines; generators; small and large machinery; manufacturing and processing equipment or implements; artificial lighting; pesticides; fertilizers; trash or refuse; and, tents, RVs or other unpermitted structures used for living quarters.

[Amended 2018, Ord. 3362; 2020, Ord. 3414; 2021, Ord. 3434; 2024, Ord. 3512][22.10.150]

The Code Enforcement Officer may initiate proceedings to revoke the approval of any land use permit issued in compliance with this Title or the former zoning ordinance (Ordinance 603 and all amendments thereto) in any case where a use of land has been established or is conducted in a manner which violates or fails to observe the provisions of this Title or a condition of approval, as provided by this Section.

A.

Notice of Pending Revocation. The Code Enforcement Officer shall notify the permittee of the intended revocation of the approval of a land use permit at least 10 days before a revocation hearing (Section 22.74.060 - Enforcement Hearings). The notice shall contain the following.

1.

A heading reading, "Notice of Revocation Hearing."

2.

The provisions and/or conditions violated and the means to correct the violation(s), if any.

3.

The date and place of the revocation hearing.

B.

Revocation hearing. Before any action is taken to revoke an approved land use permit, a hearing shall be conducted in compliance with Section 22.74.060 (Enforcement Hearings).

C.

Action to revoke. If after the revocation hearing the Hearing Officer finds that grounds for revocation have been established, the Hearing Officer may:

1.

Allow the permittee additional time to correct the violation or non-compliance; or

2.

Modify conditions of approval on the basis of evidence presented at the hearing; or

3.

Revoke the approved land use permit and order the discontinuance or removal of the approved use within a time specified by the Hearing Officer.

In the absence of an appeal in compliance with Subsection D., revocation shall become effective 14 days after the action of the Hearing Officer. Upon the effective date of revocation, the Code Enforcement Officer shall initiate nuisance abatement proceedings by preparing and serving a Notice of Nuisance in compliance with Section 22.74.150, with the time limit for action by the permittee specified in the notice being that set by the Hearing Officer in the revocation order.

D.

Finality of Hearing Officer Decision. The decision shall be final when signed by the Hearing Officer and served as provided in Section 22.74.060C.6.

E.

Use after revocation. When an approved land use permit has been revoked, no further development or use of the property authorized by the revoked entitlement shall be continued, except in compliance with approval of a new land use permit and any other authorizations or permits required by this code.

[Chapter amended 1988, Ord. 2339, 2345; 2021, Ord. 3434] [22.10.160]