REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  November  14, 2017
CATEGORY:  Regular - Resource Management-6.

SUBJECT:

An Ordinance of the Board of Supervisors of the County of Shasta amending Sections 1.12.030 and 1.12.050 the Shasta County Code Concerning Administrative Enforcement.

Supervisorial District No. :  All

DEPARTMENT CONTACT:  Richard W. Simon, Director of Resource Management, 225-5789

STAFF REPORT APPROVED BY:  Richard W. Simon, Director of Resource Management

RECOMMENDATION

Introduce and waive the reading of an Ordinance of the Board of Supervisors of the County of Shasta Amending Subsection (B) of Section 1.12.030 and Subdivision (6) of Subdivision (B) of Section 1.12.050 the Shasta County Code Concerning Administrative Enforcement.

SUMMARY

The amendments and additions to the County Code regarding administrative enforcement of fines and penalties are proposed to reflect proper procedure and the current State law.

DISCUSSION

Nuisance abatement administrative hearing often result in an award of “Costs” and/or “Fines or Penalties.” They are separate and distinct items which may be recovered by the County. Generally speaking, fines or penalties may be collected by way of a judgment lien. By comparison, abatement “costs,” but not fines and penalties, may be collected by way of special assessment. Because the law treats judgment liens and special assessments differently, the SCC should address them as such. The proposed amendment clarifies the process for collection of fines or penalties.

Government Code Section 53069.4(a)(1) permits the County to pass an ordinance making any violation of any ordinance subject to an administrative fine or penalty. The ordinance must set forth the administrative procedures that shall govern the imposition, enforcement, collection, and administrative review of the administrative fines or penalties.

Subdivision (6) of Subdivision (B) of Section 1.12.050 is amended to provide for the imposition, enforcement, collection, and administrative review of the administrative fines or penalties.

Also, the current version Subsection (B) of Section 1.12.030 cites a repealed Penal Code section and the amendment reflects the current state of the law.

ALTERNATIVES

The Board could choose not to adopt the ordinance, could defer consideration to a future date, or could direct further study and/or changes to the proposed ordinance which would be brought back to the Board at a later date

OTHER AGENCY INVOLVEMENT

County Counsel has approved the ordinance at to form. The County Administrative Office has reviewed the recommendation.

FINANCING

There is no General Fund impact from the recommended action.