The violation of any provision of this chapter may be charged as a misdemeanor or
an infraction at the discretion of the district attorney or may be enjoined as a public
nuisance. Any violation of this chapter resulting in the creation of a public nuisance
shall render the violator liable for civil fines not exceeding twenty-five thousand
dollars ($25,000.00) for each day the violation continues. In any case, where a violation
is prosecuted as an infraction or a misdemeanor, each day a violation continues shall
constitute a separate offense.
Penalties for violations with the terms of this chapter shall be as provided in, but
not limited to chapter 1 (General Provisions) and chapter 24A (Administrative Fines) of the Santa Barbara County Code.
A.
Any person, whether as principal, agent, employee, or otherwise, who maintains any
premises in violation of any provision of this Code shall be liable for and obligated
to pay to the county all costs incurred by the county in obtaining abatement or compliance
which is attributable to or associated with the enforcement or abatement action, whether
such action is administrative, injunctive, or legal, and for all damages suffered
by the county, its agents, officers, and employees as a result of such violation or
efforts to abate the violation.
B.
Periodically, and at the conclusion of the enforcement action, the director of planning
and development shall send a summary of costs/billing statement associated with enforcement
to the owner of the subject property and/or responsible party by certified mail, or
other service methods in accordance with California Code of Civil Procedure Section
415.20, as amended.
C.
Any owner of the property who receives a summary of costs/billing statement shall
have the right to a hearing before the director of planning and development on their
objections to the costs. The request for hearing shall be filed in writing within
ten (10) working days of personal service or the date of mailing of the billing statement.
The director shall hold a hearing on the objections within thirty (30) days of the
request for a hearing.
D.
In determining the validity of costs assessed, the director shall consider whether
total costs are reasonable in the circumstances of the case. Factors to be considered
shall 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 or lack thereof provided
by the owner; and whether reasonable minds can differ as to whether a violation exists.
E.
In the event that no request for a hearing has been filed, or after a hearing, the
director determines the validity of the costs, the billing statement shall be a final
order and the owner shall be liable to the county in the amount stated in the billing
statement or as determined by the director in the hearing.
F.
If the final order on a summary of costs 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.
