(a)
The building official shall maintain records of all costs including, but not limited
to, administrative, professional fees, court costs, attorney's fees, laboratory costs,
remedial construction costs and other costs incurred in the processing of violations
and enforcement of this chapter, and shall to the extent feasible, recover such costs
from the owner of the property upon which the violation occurs, or other person responsible.
(b)
Any act or condition that violates this chapter 14 shall constitute a public nuisance subject to abatement cost recovery procedures
set forth in Government Code Section 54988. Upon investigation and determination that
a violation of any of the provisions of this chapter exists, the building official
shall notify the record owner or person in possession or control of the property,
or other person responsible by mail, of the existence of the violation, the building
official's intent to charge the person for all administrative costs associated with
enforcement, and of the person's right to a hearing on objections thereto.
(c)
During the processing of an enforcement case or at the conclusion of the case the
building official shall send by certified mail, or other service methods in accordance
with California Code of Civil Procedure Section 415.20, as amended, a summary of costs
associated with enforcement to the owner and to the person having possession or control
of the subject property, or other responsible person, by mail, first class postage
prepaid. Such summary shall include a notice of the right to a hearing before the
director of planning and development on the objections to the costs.
(d)
Any request for hearing to be made upon the imposition of the charges proposed shall
be filed with the building official within ten (10) working days of the service of
the summary of costs.
(e)
The director of planning and development shall, schedule a hearing within thirty (30)
calendar days of receipt of such request for hearing. In the event that (1) no request
for a hearing has been filed, or (2) after a hearing the director determines the validity
of the costs, the summary shall be a final order and the owner shall be liable to
the county in the amount stated or as determined by the director in the hearing.
(f)
In determining the validity of the costs assessed, the director of planning and development
shall consider whether the 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 owner; and whether reasonable minds may differ as to whether a violation
exists.
(g)
If the final order on the summary has not been paid within forty-five (45) days of
notice thereof, these costs shall be recoverable in a civil action in the name of
the county, in any court of competent jurisdiction within the county, or by recording
a lien against the property that is the subject of the enforcement activity pursuant
to California Government Code Section 54988 et seq. Until all costs, fees and penalties
assessed by the building official under this chapter are paid in full, no final inspections,
certificates of completion, certificates of compliance, certificates of occupancy,
conditional use permits, land use permits, or final map shall be issued by the planning
and development department or other county agency.
