(a)
In making a fine determination, the director shall take into account the facts and
circumstances of the violation, including without limitation:
(1)
The length of time the violation existed;
(2)
The culpability of the owner and the willfulness of the violation;
(3)
The number of previous violations of the same or related type committed by the owner
within the preceding thirty-six months;
(4)
The extent of the violation and the effect of the violation on neighboring properties;
(5)
Attempts, if any, to comply with the applicable ordinances;
(6)
The time necessary to abate the violation;
(7)
Any other information relevant to a determination of the fine. In making a determination
of the fine, the director shall consider any information submitted by the owner. In
the event that the director determines that the violation was not caused by, or with
the knowledge of, the current owner, the director may reduce or eliminate the fine.
In the event the director determines that the correction of the violation is not feasible,
and the violation does not present a threat to public health or safety, the director
may reduce or eliminate the fine.
(b)
After making a determination of the fine, the director shall transmit a notice of
determination of fine by certified mail or personal service by a public officer, or
other service methods in accordance with California Code of Civil Procedures Section
415.20, as amended, to the person upon whom the fine has been imposed. The notice
of determination of fine shall contain a statement that if the owner fails to request
an appeal of the administrative fine, the notice of determination of fine shall be
final and that any responsible party upon whom an administrative fine has been imposed
may seek judicial review of the order imposing the penalty pursuant to Government
Code § 53069.4.
(c)
The director may, in his discretion, record a copy of the notice of determination
of fine with the Santa Barbara County Recorder. In the event of such recordation,
and in the event that the violation is subsequently corrected, the director shall
record a notice of correction. Correction of the violation shall not excuse the owner's
liability for costs incurred during the administrative abatement process or for payment
of all fines accrued prior to correction.
