CHAPTER 1 - GENERAL PROVISIONS

Sec. 1-2.Definitions and rules of construction.

Sec. 1-4.Provisions considered as continuations of existing ordinances.

Sec. 1-5.Effect of repeal of ordinances.

Sec. 1-7.General penalty—Continuing violations—Violations as nuisances.

Sec. 1-7.1.Civil penalty for violation of certain building, zoning, public health, drainage and storm water regulations.

Sec. 1-7.2.Private right of action for violation of certain building, zoning and public health regulations.

Sec. 1-7.3.Administrative procedure for abatement of certain violations of this code.

Sec. 1-7.5.Limitation of time for judicial review of quasi-judicial decisions.

Sec. 1-8.Supervisorial districts described.

Sec. 1-9.Judicial districts.

Sec. 1-10.Work-furlough program.

Sec. 1-11.Obligation of public funds and property.

Sec. 1-1. - How code designated and cited.

*For state law authorizing county to codify its ordinances, see Gov. C. §§25126 to 25130. As to authority of counties to enforce regulations not in conflict with the general law, see Const., Art. XI §11.

The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the county of Sonoma, state of California," and may be so cited. It may also be cited as the "Sonoma County Code." Without following the procedures necessary to amend the provisions of the Sonoma County Code, the clerk of the board of supervisors, with the advice and consent of county counsel, may periodically correct clerical errors and renumber or reletter the sections of this code so long as no substantive changes are made.

(Ord. No. 4933 § 1, 1996.)

Sec. 1-2. - Definitions and rules of construction.

In the construction of this code and of all ordinances of the county, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the board of supervisors or the context clearly requires otherwise:

Board of Supervisors. Whenever the words "board of supervisors" are used, they shall be construed to mean the board of supervisors of Sonoma County, California.

Code. The words "the code" or "this code" shall mean "The Code of the county of Sonoma, state of California."

Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last day unless the last is a holiday and then it is also excluded.

*For similar state law, See Gov C. §6800.

County. The words "the county" or "this county" shall mean the county of Sonoma, in the state of California.

Day. A "day" is a period of time between any midnight and the midnight following.

*For similar state law, see Gov. C. §6806.

Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

*For similar state law, see Gov. C. §6807.

Gender. The masculine gender includes the feminine and neuter.

*For similar state law, see Gov. C. §12.

"Highways" or "roads" shall include the whole of all public ways, roads, alleys, courts and streets and sidewalks between the property lines forming the exterior lateral boundaries thereof, and those parts of public squares and places which form traveled parts of highways or roads.

In the County. The words "in the county" shall mean and include all territory over which the county now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

*See C.C. §12.

Month. The word "month" shall mean a calendar month.

*For similar state law, see Gov. C. §6804.

Number. The singular number includes the plural, and the plural, the singular.

*For similar state law, see Gov. C. §13.

Oath. "Oath" includes affirmation.

*For similar state law, see Gov. C. §15.

Officers, Departments, etc. Officers, departments, boards, commissions and employees referred to shall mean officers, departments, boards, commissions and employees of the county of Sonoma, unless the context clearly indicates otherwise.

Official Time. Whenever certain hours are named herein they shall mean Pacific Standard Time or Daylight Saving Time as may be current use in the county.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of such building or land.

Person. "Person" includes any person, firm, association, organization, partnership, joint venture, business trust, corporation or company.

*For similar state law, see Gov. C. §17; C.C.P. §17.

"Personal Property" includes every species of property, except real property, as herein defined.

*See C.C. §§14, 663.

Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

"Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

*For similar state law, see Gov. C. §22.

Property. The word "property" shall include real and personal property.

*See C.C. §14; C.C.P. §17.

"Real Property" shall include lands, tenements and hereditaments.

*See C.C. §§14, 658.

Shall, May. "Shall" is mandatory and "may" is permissive, however, use of the word "shall" in this code is not intended to, nor shall it be deemed to, create a mandatory duty imposed by an enactment within the meaning of the Government Code Section 815.6.

*For similar state law, see Gov. C. §14.

Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription took a sworn statement only when two witnesses so sign their own names thereto.

*For similar state law, see Gov. C. §16.

State. The words "the state" or "this state" shall be construed to mean the state of California.

Tenant or Occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

Tenses. The present tense includes the past and future tenses, and the future includes the present.

*For similar state law, see Gov. C. §11.

Week. A week consists of seven (7) consecutive days.

*For similar state law, see Gov. C. §6805.

Writing. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

*For similar state law, see Gov. C. §8.

Year. The word "year" shall mean a calendar year, except where otherwise provided.

*For state law definition of year, see Gov C. §6803.

(Ord. No. 3432, § 1.)

Sec. 1-3. - Titles of sections.

The titles of the several sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed to be titles of such section, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the titles, are amended or re-enacted.

Sec. 1-4. - Provisions considered as continuations of existing ordinances.

The provisions appearing in this code, so far as they are in substance as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

Sec. 1-5. - Effect of repeal of ordinances.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

Sec. 1-6. - Severability of parts of code.

It is hereby declared to be the intention of the board of supervisors that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code.

Sec. 1-7. - General penalty—Continuing violations—Violations as nuisances.

*For state law establishing a penalty or a fine not exceeding one thousand dollars ($1,000.00) or six (6) months imprisonment or both for commission of a misdemeanor, see Pen. C. §19. As to recovery of costs of abatement of nuisances, see Gov. C. §25845. As to duties of district attorney regarding nuisances, see Gov. C. §26528.

(a) Whenever in this code or in any other ordinance of the county or in any rule or regulation promulgated pursuant thereto, any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided, the violation of any such provision of this code or any other ordinance, rule or regulation of the county shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

Every day any violation of this code or any other ordinance, rule or regulation of the county shall continue shall, unless otherwise provided, constitute a separate and distinct offense.

(b) A continuing violation of this code, or of any license, permit or approval or of any condition of a license, permit or approval issued under the authority of this code, is a public nuisance.

The board of supervisors may order the abatement of any public nuisance, as defined in this section or any state statute following notice and hearing. The board of supervisors may direct that hearing be conducted before another board, commission or officer of the county. Costs incurred by the county in abating such nuisances shall be special assessments against the parcels of property where the nuisances are located. Costs shall include, but are not limited to any administrative overhead, salaries and expenses incurred by the following departments: health services, permit and resource management, county council, district attorney, transportation and public works, and emergency services. The foregoing provisions are alternative and supplemental to other procedures provided by law for the abatement of nuisances.

In any action, administrative proceeding, or special proceeding to abate a nuisance, the county may elect, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In an action or proceeding in which the county has so elected to seek recovery of its own attorneys' fees, an award of attorneys' fees may be made to the prevailing party, provided that the award of attorneys' fees to the prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the county in the same action or proceeding.

(c) Any officer or employee of the Sonoma County department of health services or the permit and resource management department who is a duly registered environmental health specialist under state law may cite a person without a warrant whenever he has reasonable cause to believe that the person to be issued the citation has committed a misdemeanor in his presence, which misdemeanor is a violation of any statute or ordinance relating to the public health which such registered environmental health specialist has a duty to enforce, except that, where the violation constitutes grounds for revoking a valid permit or approval issued by the county department of health services or the permit and resource management department, no citation may be issued while such permit remains in force.

(d) It shall be unlawful, prohibited, and a violation of this chapter to violate any term or condition of any license, permit or approval granted or issued pursuant to this code. Any person, whether as principal, agent, employee or otherwise, violating any such term or condition shall be subject to the sanctions provided in subsection (a) of this section.

(Ord. No. 5097, 1998: Ord. No. 3726, 1987; Ord. No. 3417, 1985.)

Sec. 1-7.1. - Civil penalty for violation of certain building, zoning, public health, drainage and storm water regulations.

(a)   Charge—Code Violations. In addition to any other fee or penalty imposed by this code or by law, any person who violates Sections
            7-5, 7-13, 7-17, 11-2, 11-29, 11-30, 11-31, 22-2(a), 22-2(c), 22-2(e), 22-3, 22-6, 22-8, 22-18(k), 22-18(l), 22-18(n), 24-33,
            25-13, or 26-92-200, 26A-15 or 26C-338.1 of this code shall:
            (1)   If the violation arises from an unlawful commercial, rental or similar use or structure on the property, the violator(s) shall
               pay one of the following sums, as determined by the enforcing officer, to the county:
               (i)   The fair market rental value of the land or structure in violation for the period of time elapsed from the date of mailing
                  of the notice of violation through to its abatement by whatever means; or
               
(ii)   No less than twenty-five dollars ($25.00) per day and no more than one hundred dollars ($100.00) per day for the first violation;
                  no more than two hundred dollars ($200.00) per day for a second violation of the same ordinance within one (1) year; and no
                  more than five hundred dollars ($500.00) per day for each additional violation of the same ordinance within one (1) year for
                  each day that the violation exists after the date of mailing of the notice of violation through to its abatement by whatever
                  means; or
               
(iii)   In the event that the use or structure in violation may be permitted with an appropriate permit, a minimum of three (3) times
                  and up to a maximum of ten (10) times the amount of the standard fee for every required approval, review and permit.
               
(2)   If the violation arises from an unlawful owner-occupied residential use or structure on the property, the violator(s) shall
               pay one of the following sums, as determined by the enforcing officer, to the county:
               (i)   The fair market rental value of the land or structure in violation for the period of time elapsed from the date of mailing
                  of the notice of violation through to its abatement by whatever means; or
               
(ii)   No less than fifteen dollars ($15.00) per day and no more than one hundred dollars ($100.00) per day for the first violation;
                  no more than two hundred dollars ($200.00) per day for a second violation of the same ordinance within one (1) year; and no
                  more than five hundred dollars ($500.00) per day for each additional violation of the same ordinance within (1) one year for
                  each day that the violation exists after the date of mailing of the notice of violation through to its abatement by whatever
                  means; or
               
(iii)   In the event that the use or structure in violation may be permitted with an appropriate permit, a minimum of three (3) times
                  and up to a maximum of five (5) times the amount of the standard fee for every required approval, review and permit.
               
(3)   For any other violation, including but not limited to an unlawful noncommercial junkyard, an unlawful noncommercial truck
               terminal, an unlawful nonoperative vehicle storage yard, an unlawful accessory structure, an unlawful excess number of animals,
               or the unlawful storage, disposal or transportation of solid waste, the violator(s) shall pay one of the following sums, as
               determined by the enforcing officer, to the county:
               (i)   No less than five dollars ($5.00) per day and no more than one hundred dollars ($100.00) per day, for the first violation;
                  no more than two hundred dollars ($200.00) per day for a second violation of the same ordinance within 
               

one (1) year; and no more than five hundred dollars ($500.00) per day for each additional violation of the same ordinance within one (1) year for each day that the violation exists after the date of mailing of the notice of violation through to its abatement by whatever means;

(ii) In the event that the use or structure in violation may be permitted with an appropriate permit, a minimum of three (3) times and up to a maximum of five (5) times the amount of the standard fee for every required approval, review and permit.

(4) The enforcing officer shall have the sole and exclusive discretion to set the amount of civil penalties within the ranges set forth in this section. The enforcing officer, however, shall not impose a penalty greater than the minimum amount in a range of civil penalties set forth in this section unless the enforcing officer's department has adopted a written policy setting forth how civil penalties within the ranges are determined.

(b)   Charge—Code Violations For Sewer Operational Permits. Notwithstanding subsection (a) of this section, if the violation of
            Section 24-33 of this code is solely for nonpayment of the fee provided for in Section 24-33(b), then any person in such violation
            of that section shall pay to the county a sum as follows:
            (1)   An amount equal to twenty-five percent (25%) of the fee for such permit if such violation has existed for less than sixty
               (60) days; or
            
(2)   An amount equal to fifty percent (50%) of the fee for such permit if such violation has existed for sixty (60) days or more
               but less than one hundred eighty (180) days; or
            
(3)   An amount equal to the penalty which would be calculated under subsection (a) of this section if such violation has existed
               for one hundred eighty (180) days or more.
            

(c)   Enforcing Officer. For the purposes of this section, enforcing officer means:
            (1)   With respect to violations of Sections 7-5, 7-13 or 7-17 of this code which primarily concern structures, fill or grading,
               the director of the permit and resource management department or his or her designee shall be the "enforcing officer;"
            
(2)   With respect to violations of Sections 7-5, 7-13, 7-17 or 24-33 of this code which primarily concern private sewage disposal
               systems, the director of permit and resource management department or his or her designee shall be the "enforcing officer;"
            
(3)   With respect to violations of Sections 11-2, 11-29, 11-30 or 11-31 of this code, the director of the permit and resources
               management department or his or her designee shall be the "enforcing officer;"
            
(4)   With respect to violations of Sections 22-2(a), 22-2(c), 22-2(e), 22-3, 22-6, 22-8, 22-18(k), 22-18(l) and 22-18(n) of this
               code, which primarily concern improper storage, disposal, littering and transportation of solid waste, the director of the
               health services department or his or her designee shall be the "enforcing officer;"
            
(5)   With respect to violations of Section 22-2(g) of this code which primarily concerns design review of trash enclosures, the
               director of the permit and resource management department or his or her designee shall be the "enforcing officer;"
            
(6)   With respect to violations of Section 26-92-200 of this code, the director of permit and resource management department or
               his or her designee shall be the "enforcing officer."
            

(d) Determination of Penalties. The determination of charges imposed under this section shall, in the first instance, be performed by the enforcing officer, or his or her designee. Such determination shall take into account the facts and circumstances of the violation including, but not limited to, whether or not the violation poses a threat to human health, safety or to the environment; the seriousness or gravity of the violation; the length of time the violation has existed; the culpability of the person in violation or the willfulness of the violation; the sophistication of the persons creating or causing the violation; the extent of the violation and its effect on adjoining properties; attempts, if any, to comply with the applicable ordinances; and any other information which might be relevant to the determination of charges to be imposed by this section. At the discretion of the enforcing officer, or his or her designee, or upon the appeal of the property owner, the determination may be referred to a hearing officer or hearing board of the county, duly appointed to hear such matters. The determination of the hearing officer or hearing board as to the amount of charges properly imposed under this section shall be final, subject only to judicial review. The enforcing officer shall establish written procedures for the appeal of cases under his or her jurisdiction.

(e)   Exclusions.
            (1)   The charges imposed by this section shall not apply if the property owner establishes that, at the time he or she acquired
               the property, (i) a violation of this code existed on the property, (ii) the property owner did not have actual or constructive
               notice of the existence of that violation, and (iii) within thirty (30) days after the mailing of notice of the existence
               of that violation, the property owner initiates and pursues, with due diligence, good faith efforts, as determined solely
               by the enforcing officer, to meet the requirements of this code. A property owner has constructive notice of the existence
               of a violation if the property owner has actual notice of circumstances sufficient to put a prudent person upon inquiry as
               to a particular fact and if by prosecuting such inquiry, the person might have learned that a violation existed on the property.
            
(2)   The charges imposed by this section shall not apply if the property owner establishes that (i) within thirty (30) days after
               the date of mailing of notice of the existence of the violation, the property owner removed from the property the use or structure
               which constituted that violation, and (ii) the property owner had not previously been mailed a notice of a violation of the
               same code section, regardless of the parcel on which such violation occurred.
            
(3)   The charges imposed by this section shall not apply if the owner of a residential property establishes that at the time he
               or she acquired any ownership interest in the property: (i) a violation of this code existed on the property; (ii) the violation
               was not on record at the permit and resource management department; and (iii) within one year of the effective date of the
               ordinance codified in this section (for owners who had acquired any ownership interest in the property before the effective
               date of the ordinance codified in this section); within six months of the effective date of the ordinance codified in this
               section (for all other owners); or within six months of acquiring any ownership interest in the property, whichever is later,
               the owner initiated and pursued with due diligence and good faith effort, as determined solely by the enforcing officer, to
               meet the requirements of this code.
            

(Ord. No. 5688 § 1, 2006; Ord. No. 5679 § 1, 2006; Ord. No. 5468 § 1, 2004: Ord. No. 4906 § 2, 1995; Ord. No. 4844, 1994: Ord. No. 4781 § 1, 1994; Ord. No. 4618 § 1, 1993.)

Sec. 1-7.2. - Private right of action for violation of certain building, zoning and public health regulations.

Any person damaged by any violation of Sections 7-5, 7-13, 7-17, 24-33 or 26-210.1 of this code may institute a civil proceeding for injunctive relief against such violation, for money damages, and for whatever other or additional relief the court deems appropriate. In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorneys' fees and costs pursuant to order of the court. The remedies available under this section shall be in addition to, and shall not in any way restrict, any other rights or remedies available under law.

(Ord. No. 14618 § 5, 1993.)

Sec. 1-7.3. - Administrative procedure for abatement of certain violations of this code.

(a) Violation Notices and Notice and Orders. Upon receipt of information from county staff that there exists a continuing violation of Chapters 7, 11, 11A, or 13, Article 3 of Chapter 15, Sections 19-16, 22-2(a), 22-2(c), 22-2(e), 22-2(g), 22-3, 22-6, 22-8, 22-18(k), 22-18(l), or 22-18(n), or Chapters 24, 25B, 26, 26A, or 26C of this code, the enforcing officer or his or her designee may order that the violation cease. Notice and orders shall be in writing and include a description of the real estate sufficient for identification, include a statement of the violation or violations and the reason the notice was issued, a reasonable time to bring the property into compliance, appeal rights, the potential to impose penalties and record an abatement notice for failure to comply. Code enforcement may, but is not required to, initiate enforcement through a notice of violation prior to issuing a notice and order. Violation notices shall be sent via first-class mail and notice and orders shall be sent certified mail addressed to the last known property owner as listed on the latest official equalized tax roll and may be served on the holder of any mortgage or deed of trust or other lien or encumbrance of record. A copy of the notice and order shall be posted in a conspicuous location on the subject property.

(b) Appeals. Any notice, order, decision or determination made by any administrative official of the county of Sonoma in connection with or related may be appealed by any person affected by the determination to a hearing officer appointed by the county pursuant to Sections 2-33.1 through 2-33.5 of this code. Any such appeal must be made in writing and submitted to the enforcing officer within ten (10) calendar days from the date of the administrative action.

Except for orders to vacate structures or threats to life, safety or to the environment as determined by the enforcing officer, enforcement may be stayed during the pendency of any appeal that is timely filed. Failure of any person to file an appeal shall constitute a waiver of the right to an appeal hearing and adjudication of the violations raised in the notice, or any portion thereof. Appeals may be withdrawn at any time prior to the commencement of the appeal hearing, except that the withdrawn appeal hearing may be converted to an abatement hearing pursuant to subsection (d) below, and heard on the same date and time as scheduled for the appeal hearing.

(c) Notice to Vacate. If the enforcing officer orders a structure or property to be vacated, each structure or property shall be posted reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building or portion thereof which has been posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy has been issued.

(d) Abatement Hearings—Failure to Appeal. If the violation continues after issuance of a notice of violation or notice and order and an appeal is not timely filed, the enforcing officer shall file in the office of the county recorder a notice of abatement proceedings describing the property and certifying that nature of the violation and that the owner has been so notified of the violation. The enforcing officer or his or her designee may set the matter for an abatement hearing before a hearing officer appointed by the county pursuant to Sections 2-33.1 through 2-33.5 of this code. If the matter is set for hearing, a notice of hearing shall be posted on the property upon which the violation exists and shall be mailed to the persons known to be in possession of the property and to the persons shown on the latest equalized county tax roll to be the owners of the property. The notice shall be posted and mailed at least ten (10) days prior to the hearing.

(e)   Notice of Hearing. The notice of appeal hearing or abatement hearing shall contain:
            (1)   The street address and/or a description of the property sufficient to identify the property upon which the violation exists;
(2)   The name(s) of the owner(s) or occupant(s) of the property as indicated on the latest equalized Sonoma County tax roll;
(3)   A statement that the property described has been found to be in violation of this code and a brief description of the conditions
               existing which constitute the violation(s);
            
(4)   The date, time and location of the hearing;
(5)   A statement that if a violation is found to exist that the costs incurred by the county in abating the nuisance shall be special
               assessment against the property and that a lien will be placed upon the property for the costs of abatement;
            
(6)   A statement that costs shall include, but are not limited to, any administrative overhead, salaries and expenses incurred
               by the following departments: office of the agricultural commissioner-sealer, permit and resource management, public health,
               transportation and public works, emergency services, county counsel and the district attorney;
            
(7)   A statement that in order for an oral or written evidence or any claim, defense or privilege to be considered it must be presented
               to the hearing officer at or before the time of the hearing and that failure to do so will constitute a waiver and may prevent
               such evidence or claim, defense or privilege from being considered in any later proceeding;
            
(8)   A copy of the procedural rules governing such hearings.
(9)   Notice of the hearings on the violation shall also be given in accordance with Section 26-92-050.

(f) Conduct of Hearings. At the time and place set forth for the appeal hearing or abatement hearing, the hearing officer shall swear witnesses, hear testimony and receive written or documentary evidence relating to the alleged violation. The hearing officer shall cause the hearing to be recorded and shall preserve all written argument and all photographs and other documentary evidence introduced at the time of the hearing. Additional procedural rules for the conduct of the administrative hearing may be adopted by resolution of the board of supervisors.

(g) Hearing Officer Decision.

(1)   Within forty-five (45) days after the appeal hearing or abatement hearing is closed, the hearing officer shall render his
               or her decision relating to the existence or nonexistence of the alleged violation. The decision shall contain:
               (i)   Findings of fact and conclusions of law;
(ii)   If a violation is found to exist, an order that the violation be abated within a certain time;
(iii)   If violation is found to exist or to have existed at the time the matter was set for hearing, a statement of the costs incurred
                  by the county in abating the violation and a demand that those costs be paid to the county within twelve (12) days;
               
(iv)   If the violation is found to exist or to have existed at the time the matter was set for hearing, and assessment of penalties
                  in accordance with Section 1-7.1 and a demand that those penalties be paid to the county within twelve (12) days;
               
(v)   A statement that the decision is a final decision, subject to judicial review in accordance with Code of Civil Procedure Section
                  1094.6.
               

(2) A copy of the hearing officer's decision shall be mailed, by certified mail, to the owner of the parcel which is subject to the hearing, and to the occupant of such parcel. A copy of the decision shall also be posted on the bulletin board outside the planning commission chambers and shall remain posted for a period of twelve (12) days.

(h) Costs. If a final decision of the hearing officer finds that a violation exists, by upholding the notice and order on appeal or on decision after an abatement hearing, the owner of the property shall be responsible for paying the county's administrative abatement costs, including, but not limited to, those cost items set forth in the notice required by subsection (c) of this section, as well as any penalties assessed pursuant to Section 1-7.1.

(i) Abatement Liens. If the owner of the property is responsible for any costs pursuant to this chapter, such costs of abatement shall become a lien against the property as is authorized by the Government Code and this section. A notice of abatement lien shall be filed which states the identity of the record owner or possessor of the property, the date upon which abatement of the nuisance was ordered by the hearing officer, a description of the real property subject to the lien, the amount of the abatement costs incurred to date and, if applicable, the date upon which the abatement was complete. If the abatement has not yet been completed, the notice shall so state and shall also indicate that the lien is a partial lien and that additional abatement costs will be incurred in the future. It is the intent of the board of supervisors that abatement costs incurred after the filing of the notice of abatement lien relate back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs have been incurred and the abatement is complete, the enforcing officer, or his or her designee, shall cause a supplemental notice of abatement lien to be recorded. The supplemental notice shall contain all of the information required for the original notice and shall also refer to the recordation date and recorders document number of the original notice.

(j) Recording of Hearing Officer's Decision. The enforcing officer or his or her designee, may, in his or her discretion, cause a copy of the hearing officer's decision to be recorded in the office of the Sonoma County recorder. In the event of such recordation and in the further event that the violation is corrected, a notice of such correction shall be recorded. The enforcing officer or his or her designee is authorized to prepare and record a notice of correction. Correction of the violation shall not excuse the property owner's liability for costs incurred during the administrative abatement process.

(k) Enforcement of Order—Civil Action. If the property owner does not comply with an order of the hearing officer, the enforcing officer or his or her designee shall be authorized to request that county counsel seek judicial enforcement of the administrative order. Unless counsel indicates otherwise, at the time of making such request, the enforcing officer shall provide county counsel with a copy of a written transcript of the entire administrative proceedings, the final decision and all documentary evidence introduced in the course of the proceedings. Such copies shall be provided in a format suitable for lodging with the Superior Court. Additionally, where the board of supervisors has evidence that a violation of Chapters 7, 11, 11A, or 13, Article 3 of Chapter 15, Sections 19-16, 22-2(a), 22-2(c), 22-2(e), 22-2(g), 22-3, 22-6, 22-8, 22-18(k), 22-18(l), or 22-18(n), or Chapters 24, 25B, 26, 26A, or 26C of this code poses a significant health or safety hazard to the owners or occupants of adjoining properties or to the surrounding community, or for other good cause shown, the board of supervisors may, in its discretion, commence a judicial action to enjoin such violation without the necessity of first going through the administrative procedures set forth in this section.

(Ord. No. 5750 § 1, 2007: Ord. No. 5679 § 1, 2006; Ord. No. 5373 § 1, 2002: Ord. No. 4909 § 2, 1995.)

(Ord. No. 5891, § 1, 12-9-2008.)

Sec. 1-7.5. - Limitation of time for judicial review of quasi-judicial decisions.

(a) Except as otherwise provided herein, the provisions of California Code of Civil Procedure Section 1094.6 or successor statute are hereby adopted and any petition for review of an administrative decision of the county of Sonoma, or of any of its boards, commissions, departments, agencies, or persons authorized to render such a decision, shall be filed within the time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply.

(b) The limitation provided in subsection (a) shall apply to any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the board, commission, officer or tribunal conducting the hearing.

(c) The limitation provided in subsection (a) shall apply to all quasi-judicial proceedings now pending or hereafter begun. Written notice of the time limitation of Section 1094.6 shall be given to the parties by the decisionmaker in substantially the following form:

"The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the 90th day following the date on which this decision becomes final, except that where a shorter time limit is provided by any state or federal law, such shorter time limit shall apply."

(d) The limitation provided in paragraph (a) shall be construed to require that petitions filed pursuant to C.C.P. Section 1094.5 for review of administrative decisions rendered prior to the effective date of this ordinance must be filed within ninety (90) days from the date upon which notice of the time limits provided in this ordinance is mailed or personally delivered to all parties to such administrative decision, unless a shorter time limit applies. Notice under this subsection shall be in substantially the following form:

"By ordinance, the time limits set forth in California Code of Civil Procedure Section 1094.6 have been made applicable to the decision rendered by (decisionmaker) on (date) concerning (title or description of administrative action). Judicial review must be sought not later than the 90th day following the date of this notice, except that where a shorter time limit is prescribed by any other law, such shorter time limit shall apply."

(e) This ordinance is not intended to revive, nor shall it be deemed to revive, any cause of action or grounds for relief through a special proceeding which is barred by law or equity.

(f) All costs of preparing a record which may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.6(c) or successor statute, shall be paid by the petitioner prior to delivery of the record to petitioner.

Sec. 1-8. - Supervisorial districts described.

The boundaries of the Supervisorial Districts One, Two, Three, Four, and Five of the county shall be as set forth below. Maps geographically depicting the supervisorial district boundaries shall be kept on file with the County Clerk in the office of the Registrar of Voters.

Supervisorial District No. 1.

Beginning at the intersection of the north shoreline of San Pablo Bay and the centerline of the mouth of Tolay Creek, said point also being a point on the existing boundary line between the 1st and 2nd Supervisorial Districts, thence northerly along the centerline of said creek and said existing supervisorial boundary line to the centerline of State Highway 116, thence easterly along the centerline of said highway to its intersection with the Sonoma Valley School District boundary, thence leaving said supervisorial boundary and along said boundary in a generally northerly direction to the existing boundary between the 1st and 2nd Supervisorial Districts, thence generally northwesterly along said existing supervisorial boundary to its intersection with the Petaluma City School District boundary, thence in a westerly and southerly direction and generally southwesterly along said school boundary to the southeast corner of the Lands of Drew (APN 047-241-003) as described in Document # 88-096381, Sonoma County Records, thence northwesterly along the westerly boundary of Drew to the centerline of Lichau Creek, thence westerly along said centerline to its intersection with the centerline of East Railroad Avenue, thence west along said centerline to the centerline of Petaluma Hill Road, thence north along the centerline of Petaluma Hill Road to the centerline of Warrington Road, thence northerly, easterly and northerly along the centerline of Warrington Road, to its intersection with the boundary of the Bennett Valley Elementary School district, thence westerly, northerly and northwesterly along said district boundary to its intersection with Bennett Valley Road, thence westerly along the centerline of Bennett Valley Road to the intersection of Farmers Lane, thence Northerly along the centerline of Farmers Lane to the centerline of Sonoma Highway, thence easterly along the centerline of Sonoma Highway to the intersection with Brush Creek Road, thence northwesterly along the centerline of Brush Creek Road to the intersection with Los Olivos Road, thence continuing northwesterly and northerly along the centerline of Los Olivos Road to the intersection with Montecito Avenue, thence northwesterly along the centerline of said avenue to the southerly extension of the west line of A.P.N. 182-030-039 being the lands of Heimbucher-Trivest Properties, thence northerly along said extension and west line to the south line of Section 6, T7N, R7W, thence west along said south line to the southwest corner of said section, thence north along the west line of said section to the Rincon Valley Union School District boundary, thence north, west and north to the southwest corner of A.P.N. 029-110-052, Lands of Shinabargar, et al, thence generally northerly along the west line of said lands to its intersection with Riebli Road, thence westerly, northerly and westerly along the centerline of said road to the intersection of Mark West Springs Road, thence northerly along the centerline of said road to its intersection with Porter Creek Road, thence easterly along the centerline of Porter Creek Road to its intersection with Franz Valley Road, thence northeasterly along the centerline of said road to its intersection with Franz Valley School Road, thence Easterly along the centerline of said road to its intersection with the Sonoma-Napa County line, thence southerly along said line and the north shore of San Pablo Bay to the point of beginning.

All hereinabove referred to "existing Supervisorial District boundary lines" are boundaries as they existed in July, 2001.

All records hereinabove referred to are Sonoma County Records.

Supervisorial District No. 2.

Beginning at the intersection of the north shoreline of San Pablo Bay and the centerline of the mouth of Tolay Creek, said point also being a point on the existing boundary line between the 1st and 2nd Supervisorial Districts, thence northerly along the centerline of said creek and said existing supervisorial boundary line to the centerline of State Highway 116, thence easterly along the centerline of said highway to its intersection with the Sonoma Valley School District boundary, thence leaving said supervisorial boundary and along said boundary in a generally northerly direction to the existing boundary between the 1st and 2nd Supervisorial Districts, thence generally northwesterly along said existing supervisorial boundary to its intersection with the Petaluma City School District boundary, thence in a westerly and southerly direction and generally southwesterly along said school boundary to the southeast corner of the Lands of Drew (APN 047-241-003) as described in Document # 88-09638 1, Sonoma County Records, thence northwesterly along the westerly boundary of Drew to the centerline of Lichau Creek, thence westerly along said centerline to its intersection with the centerline of East Railroad Avenue, thence west along said centerline to the centerline of Petaluma Hill Road, thence north along the centerline of Petaluma Hill Road to its intersection with East Cotati Avenue, thence west and southwesterly along the centerline of said avenue to its intersection with the most easterly boundary of the Cotati City limits, thence northerly and generally westerly and said city limits to its intersection with U.S. Highway 101 Freeway, thence northerly along the centerline of said freeway to its intersection with Scenic Avenue, thence westerly along the centerline of said avenue to its intersection with Stony Point Road, thence southerly along the centerline of said road to its intersection with the City of Rohnert Park Unified School District, thence west along said district boundary to its intersection with the centerline of the Laguna de Santa Rosa Flood Control Channel, thence northwesterly along the centerline of said channel to its intersection with Llano Road, thence southerly along the centerline of said road to its intersection with Gravenstein Highway (State Highway 116), thence northwesterly along the centerline of said highway to its intersection with Lone Pine Road, thence westerly along the centerline of said road to its intersection with Bloomfield Road, thence westerly along the centerline of said road to its intersection with Pleasant Hill Road, thence northwesterly along said road to its intersection with Kennedy Road, thence westerly along the centerline of said road to its intersection with Blucher Valley Road, thence southerly along the centerline of Blucher Valley Road to its intersection with Bloomfield Road, thence southwesterly along the centerline of Bloomfield Road to its intersection with the Shoreline School District boundary, thence northerly , westerly and generally southwesterly along said district boundary to its intersection with the Sonoma-Marin County line, thence generally southeasterly along said county line to its intersection with the north shore of San Pablo Bay, thence generally easterly along said shoreline to the point of beginning.

All hereinabove referred to "existing Supervisorial District boundary lines" are boundaries as they existed in July, 2001.

All records hereinabove referred to are Sonoma County Records.

Supervisorial District No. 3.

Beginning at the intersection of East Cotati Avenue and Petaluma Hill Road, thence north along the centerline of Petaluma Hill Road to the centerline of Warrington Road, thence northerly, easterly and northerly along the centerline of Warrington Road, to its intersection with the boundary of the Bennett Valley Elementary School district, thence westerly, northerly and northwesterly along said district boundary to its intersection with Bennett Valley Road, thence westerly along the centerline of Bennett Valley Road to the intersection of Farmers Lane, thence Northerly along the centerline of Farmers Lane to the centerline of Sonoma Highway, thence easterly along the centerline of Sonoma Highway to the intersection with Brush Creek Road, thence northwesterly along the centerline of Brush Creek Road to the intersection with Los Olivos Road, thence continuing northwesterly and northerly along the centerline of Los Olivos Road to the intersection with Montecito Avenue, thence northwesterly along the centerline of said avenue to the southerly extension of the west line of A.P.N. 182-030-039 being the lands of Heimbucher-Trivest Properties, thence northerly along said extension and west line to the south line of Section 6, T7N, R7W, thence west along said south line to the southwest corner of said section, thence north along the west line of said section to the Rincon Valley Union School District boundary, thence north, west and north to the southwest corner of A.P.N. 029-110-052, Lands of Shinabargar, et al, thence generally northerly along the west line of said lands to the intersection with Riebli Road, thence westerly, northerly and westerly along the centerline of Riebli Road to the intersection of Mark West Springs Road, also being the existing boundary between the 3rd and 4th Supervisorial Districts, thence westerly and southerly along said district boundary to its intersection with Piner Road, thence generally southwesterly along the centerline of said road to its intersection with the Northwestern and Pacific Railroad tracks, thence southeasterly along the centerline of said tracks to its intersection with West Steele Lane, thence westerly along the centerline of said lane to its intersection with Marlow Road, thence south along the centerline of Marlow Road to its intersection with College Avenue, thence east along the centerline of College Avenue to its intersection with Link Lane, thence south along the centerline of Link Lane and its extension to the intersection with the Santa Rosa City Limit, thence northwesterly, south, east and south along said city limit to the intersection with Highway 12, thence along the centerline of said highway easterly to its intersection with U.S. Highway 101 freeway, thence southerly along the centerline of said freeway to its intersection with northerly boundary of the Cotati City limits, thence generally southeasterly along said city limits to its most easterly intersection with East Cotati Avenue, thence easterly along the centerline of said avenue to the point of beginning.

All hereinabove referred to "existing Supervisorial District boundary lines" are boundaries as they existed in July, 2001.

All records hereinabove referred to are Sonoma County Records.

Supervisorial District No. 4.

Beginning at a point on the north line of the existing 4th Supervisorial District boundary, said line also being the Sonoma-Mendocino County line, said point also being the northeast corner of the Cloverdale Unified School District, thence leaving said existing supervisorial district boundary and along said school district boundary, south to the existing boundary line between the 4th and 5th Supervisorial Districts, also being the centerline of Rockpile Road, thence generally south easterly along the centerlines of Rockpile Road, Skaggs Springs-Stewarts Point Road, Warm Springs Road and continuing along the extension of the centerline of said roads to a dirt road, thence along said dirt road and a jeep trail along Woods Creek, thence southeasterly along the centerline of Mill Creek Road to its intersection with Gray Creek Road, thence southwesterly and southeasterly along the centerline of said road to its intersection with McCray Ridge Road, thence southeasterly along the centerline of said road to its intersection with Sweetwater Springs Road, thence southerly along the centerline of said road to its intersection with Westside Road, thence southerly along the centerline of said road to its intersection with Porter Creek, thence southerly along the centerline of said creek to its intersection with the Russian River, thence southerly along the centerline of said river to its intersection with the mouth of Mark West Creek, thence easterly along the centerline of said creek to its intersection with the Laguna de Santa Rosa, thence southerly along the centerline of said laguna to its intersection with Guerneville Road, thence east along the centerline of said road to the Santa Rosa City Limit, thence along said city limit east, southerly and east to College Avenue, thence east along the centerline of College Avenue to its intersection with Marlow Road, thence north along the centerline of Marlow Road to its intersection with West Steele Lane, thence easterly along the centerline of said lane to its intersection with the Northwestern and Pacific Railroad tracks thence northwesterly along the centerline of said tracks to its intersection with Piner Road, thence generally northeasterly along the centerline of said road to its intersection with the existing boundary between the 3rd and 4th Supervisorial Districts, thence northerly and easterly along said district boundary to the intersection of Reibli and Mark West Springs Roads, thence northerly along the centerline of Mark West Springs Road to its intersection with Porter Creek Road, thence easterly along the centerline of Porter Creek Road to its intersection with Franz Valley Road, thence northeasterly along the centerline of said road to its intersection with Franz Valley School Road, thence Easterly along the centerline of said road to its intersection with the Sonoma-Napa County line, thence generally northerly along said line to the Sonoma-Lake County line, thence northwesterly along said line to the Sonoma-Mendocino County line, thence generally easterly along said line to the point of beginning.

All hereinabove referred to "existing Supervisorial District boundary lines" are boundaries as they existed in July, 2001.

All records hereinabove referred to are Sonoma County Records.

Supervisorial District No. 5.

Beginning at a point on the north line of the existing 4th Supervisorial District boundary, said line also being the Sonoma-Mendocino County line, said point also being the northeast corner of the Cloverdale Unified School District, thence leaving said existing supervisorial district boundary and along said school district boundary, south to the existing boundary line between the 4th and 5th Supervisorial Districts, also being the centerline of Rockpile Road, thence generally south easterly along the centerlines of Rockpile Road, Skaggs Springs-Stewarts Point Road, Warm Springs Road and continuing along the extension of the centerline of said roads to a dirt road, thence along said dirt road and a jeep trail along Woods Creek, thence southeasterly along the centerline of Mill Creek Road to its intersection with Gray Creek Road, thence southwesterly and southeasterly along the centerline of said road to its intersection with McCray Ridge Road, thence southeasterly along the centerline of said road to its intersection with Sweetwater Springs Road, thence southerly along the centerline of said road to its intersection with Westside Road, thence southerly along the centerline of said road to its intersection with Porter Creek, thence southerly along the centerline of said creek to its intersection with the Russian River, thence southerly along the centerline of said river to its intersection with the mouth of Mark West Creek, thence easterly along the centerline of said creek to its intersection with the Laguna de Santa Rosa, thence southerly along the centerline of said laguna to its intersection with Guerneville Road, thence east along the centerline of said road to the Santa Rosa City Limit, thence along said city limit east, southerly and east to College Avenue, thence east along the centerline of College Avenue to its intersection with Link Lane, thence south along the centerline of Link Lane and its extension to the intersection with the Santa Rosa City Limit, thence northwesterly, south, east and south along said city limit to the intersection with Highway 12, thence along the centerline of said highway easterly to its intersection with U.S. Highway 101 freeway, thence southerly along the centerline of said freeway to its intersection with Scenic Avenue, thence westerly along the centerline of said avenue to its intersection with Stony Point Road, thence southerly along the centerline of said road to its intersection with the City of Rohnert Park Unified School District, thence west along said district boundary to its intersection with the centerline of the Laguna de Santa Rosa Flood Control Channel, thence northwesterly along the centerline of said channel to its intersection with Llano Road, thence southerly along the centerline of said road to its intersection with Gravenstein Highway (State Highway 116), thence northwesterly along the centerline of said highway to its intersection with Lone Pine Road, thence westerly along the centerline of said road to its intersection with Bloomfield Road, thence westerly along the centerline of said road to its intersection with Pleasant Hill Road, thence northwesterly along said road to its intersection with Kennedy Road, thence westerly along the centerline of said road to its intersection with Blucher Valley Road, thence southerly along the centerline of Blucher Valley Road to its intersection with Bloomfield Road, thence southwesterly along the centerline of Bloomfield Road to its intersection with the Shoreline School District boundary, thence northerly, westerly and generally southwesterly along said district boundary to its intersection with the Sonoma-Marin County line, thence northwesterly and westerly along said county line to the shoreline of the Pacific Ocean, thence northerly along said shoreline to the Sonoma-Mendocino County line, thence easterly along said county line to the point of beginning.

All hereinabove referred to "existing Supervisorial District boundary lines" are boundaries as they existed in July, 2001.

All records hereinabove referred to are Sonoma County Records.

(Ord. No. 5304 § 2, 2001: Ord. No. 4432 § 2, 1991: Ord. No. 2917 § 1; Ord. No. 2312 § 1.)

Sec. 1-9. - Judicial districts.

*For state law as to justice courts generally, see Gov. C. §71001 et seq. As to division of county into judicial districts, see Gov. C. §71040 et seq. As to county counsel, see §§2-11 to 2-15 of this code. As to public defender, see §§ 2-16 to 2-18. As to parole officer, see §2-23. As to court house building and grounds generally, see §§19-1 to 19-5.

The Sonoma County Judicial District shall include all the territory situated within the boundaries of the county of Sonoma.

(Ord. No. 1490 § 2.)

Sec. 1-10. - Work-furlough program.

Under and pursuant to Section 1208 of the Penal Code of the state, the board of supervisors finds, on the basis of education conditions, the state of county jail facilities, and other pertinent circumstances, insofar as relates to employment in the county that the operation of such code section is feasible and therefore, the work-furlough program provided for in such code shall become operative on the effective date of this section.

The probation officer of the county shall be the administrator of such work-furlough program.

The administrator of the work-furlough program is authorized to enter into agreements with one (1) or more counties for the transfer of persons sentenced in one (1) county who are regularly employed in another county, to transfer the persons sentenced from the county of sentencing to the county where they are employed, and to provide for the support of such transferred persons by the county from which they are transferred. The authority of the administrator of the work-furlough program is to be exercised in accordance with Section 1208.5 of the Penal Code of the state of California.

(Ord. No. 1355 §§ 1, 2.)

Sec. 1-11. - Obligation of public funds and property.

(a) Any purportedly binding promise or representation made by any officer, employee or agent of the county, including other public agencies governed in whole or in part by the board of supervisors, that would require the payment of money, performance of service, transfer of any property, real or personal, or the giving of any other thing of value of the county, or other public agency governed in whole or in part by the board of supervisors, where the making of the promise or the representation did not have the express prior authorization of the board of supervisors is, unless otherwise provided by law, unenforceable and void. The delegation of authority to the department head or purchasing agent in Sections 2-52 et seq. of this code is an express prior authorization within the meaning of this section.

(b) Notwithstanding the foregoing, the board of supervisors retains the right, in its sole discretion, to ratify any such promise or representation by adopting a resolution expressly for that purpose.

(Ord. No. 4478 § 2, 1992.)