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A. This section establishes procedures for the recovery of administrative costs, including staff and attorney time, expended to enforce the provisions of this chapter by any of the procedures set forth in this chapter. The intent of this section is to recoup administrative costs reasonably related to enforcement.

B. The Solid Waste Administrator and all litter control officers shall maintain records of all administrative costs incurred associated with the processing of violations and enforcement of this chapter and shall recover such costs from the property owner as provided herein. Staff time, including attorney time, shall be calculated at an hourly rate as established and revised from time to time by the Board of Supervisors by resolution.

C. Upon investigation and a determination that a violation of any of the provisions of this chapter is found to exist, the Solid Waste Administrator or any person authorized by the Solid Waste Administrator shall notify by mail the record owner or responsible party having possession or control of the subject property, as the case may be, of the existence of the violation, the Solid Waste Administrator’s intent to charge the property owner for all administrative costs associated with enforcement, and of the owner’s right to a hearing on objections thereto. The notice shall be in substantially the following form:

NOTICE

The Solid Waste Administrator has determined that conditions exist at the property located at:

Which violate Section(s) of the County Code.

Description of Violation(s):

Notice is hereby given that at the conclusion of the case, you will receive a “Summary of Administrative Costs” associated with processing of this violation at an hourly rate as established and adjusted from time to time by the Board of Supervisors.

The hourly rate presently in effect is $____ per hour for staff time and $____ per hour for attorney time.

You will have the right to object to these charges by filing a request for hearing with the Solid Waste Administrator within 10 days after service of the summary of charges.

Dated: ___________________________
Solid Waste Administrator

By:

D. At the conclusion of the case, the Solid Waste Administrator shall send a Summary of Costs associated with enforcement to the owner and/or person having possession or control of the subject property, by certified mail. Said summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges, you must file a Request for Hearing on the enclosed form within 10 days of the date of this Notice. If you fail to timely request a hearing, your right to object will be waived and you will be liable to the county for these charges, to be recovered in a civil action in the name of the County in any court of competent jurisdiction within the County.

Dated: ___________________________
Solid Waste Administrator

By:

E. In the event that no request for hearing is timely filed, or after a hearing the Solid Waste Administrator affirms the validity of the costs, the property owner or person in control and possession shall be liable to the county in the amount stated in the summary or any lesser amount as determined by the Solid Waste Administrator. These costs shall be recoverable in a civil action in the name of the county and thereafter shall become a lien against your real and personal property.

F. Any property owner or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the Solid Waste Administrator on his objections to the proposed costs in accordance with the procedures set forth herein:

1. A request for hearing shall be filed with the Solid Waste Administrator within 10 days of the service by mail of the Solid Waste Administrator’s summary of costs on a form provided by the Solid Waste Administrator.

2. Within 30 days of the filing of the request, and on 10 days’ written notice to the owner, the Solid Waste Administrator shall hold a hearing on the owner’s objections and determine the validity thereof.

3. In determining the validity of the costs, the Solid Waste Administrator shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include but are not limited to the following: 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; and the degree of cooperation provided by the owner.

4. The Solid Waste Administrator’s decision shall be appealable pursuant to Sierra County solid waste appeals procedure.

G. Whenever the Board of Supervisors deems it appropriate to do so, the Board may appoint such other official or person to conduct the hearings provided for by this chapter in lieu of having the Solid Waste Administrator conduct same. (Ord. 844, eff. 10/1/96)