REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS

BOARD MEETING DATE:  November  14, 2017
CATEGORY:  Regular - Resource Management-7.

SUBJECT:

An Ordinance of the Board of Supervisors of the County of Shasta adding section 1.12.055 to 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 Adding Section 1.12.055 to the Shasta County Code Concerning Administrative Enforcement.

SUMMARY

The Shasta County Code does not contain an Administrative Fine and Penalty Collection Program. This ordinance will initiate the program.

DISCUSSION

Administrative fines and penalties are oftentimes awarded by independent hearing officers in their decisions regarding nuisance abatements. The fines and penalties vary from case to case. In some instances, the property owner acts with reasonable diligence in abating the nuisance condition and there is no current program to allow the enforcing officer the authority to compromise the fines and penalties or allow for periodic payment plans.

Implementation of a collection program may facilitate overall collection of the fines and penalties. The proposed ordinance places specific limitations on the enforcing officer’s authority to compromise no more than fifty percent of the assessed fine or penalty, identifies factors to be taken into consideration, requires a written settlement agreement approved by County Counsel and creates a lien on the real property.

Lastly, the enforcing officer will make an annual public report to the board of supervisors regarding the fines and penalties compromised pursuant to the program.

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.