ORDINANCE NO. 1241

 

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA, STATE OF CALIFORNIA, AMENDING CHAPTER 1.20 OF THE NAPA COUNTY CODE PERTAINING TO RECOVERY OF COSTS FOR NUISANCE ABATEMENT AND CRIMINAL VIOLATIONS FOR CODE VIOLATIONS

 

            The Board of Supervisors of the County of Napa, State of California, ordains as follows:

 

            SECTION ONE.            A new section 1.20.025 entitled, “Recovery of attorneys' fees in nuisance abatement cases” is hereby added to the Napa County Code to read in full as follows:

1.20.025  Recovery of attorneys’ fees in nuisance abatement cases.

            In any action, administrative proceeding, or special proceeding to civilly abate a nuisance, attorney's fees may be recovered by the prevailing party. Recovery of attorneys' fees by the prevailing party is limited to those actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding.

 

            SECTION TWO.            A new section 1.20.155 entitled, “Civil actions” is hereby added to the Napa County Code to read in full as follows:

1.20.155  Civil actions.

            A.            Injunctive Relief and Abatement. Whenever, in the judgment of the enforcement officer, any person is engaged in or about to engage in any act or practice which constitutes or will constitute a violation of any provision of Napa County ordinances or any rule, regulation, order, permit or conditions of approval, upon the request by the enforcement officer, the county counsel or district attorney may commence civil proceedings for the abatement, removal, correction and enjoinment thereof, and requiring the violator to pay civil penalties and/or abatement costs.

            B.            Civil Remedies and Penalties.  Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the provisions of Napa County ordinances or any rule, regulation, order, permit or conditions of approval issued thereunder, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each day or portion thereof, that the violation continues to exist. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct  occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by the violator.

 

            SECTION THREE.            Section 1.20.090 of the Napa County Code entitled, “Abatement by county – Costs” is hereby amended to read in full as follows:

1.20.090  Abatement by county – Costs.

The enforcement officer shall keep an itemized account of the cost of enforcing the provisions of this chapter, including attorneys' fees if applicable, and of the proceeds of the sale of any materials connected therewith.  Upon completion of abatement, the enforcement officer shall prepare and serve upon the owner of the property as shown on the last equalized assessment roll, anyone known by the board of supervisors to be in possession of the property, and all lienholders of record, a notice specifying:

A.            The work done;

B.            An itemized account of the costs and receipts of performing the work;

C.            The street address, assessor’s parcel number, and other description sufficient to identify the property affected;

D.            The amount of the assessment proposed to be levied against the property, or the amount to be refunded, if any, due to excess proceeds over expenses;

E.            The time and place where the enforcement officer will submit the account to the board of supervisors for confirmation.  The time and place specified shall be not less than fifteen days after service of the notice;

F.            A statement that the board of supervisors will hear and consider objections and protests to the account and proposed assessment or refund, at the designated time.

 

            SECTION FOUR.            Section 1.20.150 of the Napa County Code entitled, “Violation - Penalty” is hereby amended to read in full as follows:

1.20.150  Criminal Violation--Penalty.

Whenever in this code or in any 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 or infraction, 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 punishable as follows:

A.            If designated as an infraction, the violation thereof shall be punishable in accordance with Government Code Section 25132(b) by a fine not exceeding one hundred dollars for a first violation, two hundred dollars for a second violation of the same ordinance within one year, and five hundred dollars for each additional violation of the same ordinance within one year.

B.            In all other instances, the violation shall be a misdemeanor punishable in accordance with Government Code Section 25132(a) and Penal Code Section 19 by imprisonment in the county jail for not more than six months, a fine not exceeding one thousand dollars, or both.

 

            SECTION FIVE.            If any section, subsection, sentence, clause, phrase or word of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.  The Board of Supervisors of the County of Napa hereby declares it would have passed and adopted this ordinance and each and all provisions hereof irrespective of the fact that any one or more of said provisions be declared invalid.

            SECTION SIX.            This ordinance shall be effective sixty (60) days from and after the date of its passage.

            SECTION SEVEN.            This ordinance shall be published at least once before the expiration of 15 days after its passage in the Napa Valley Register, a newspaper of general circulation published in the County of Napa, together with the names of members voting for and against the same. 

            The foregoing ordinance was introduced and read at a regular meeting of the Board of Supervisors of the County of Napa, State of California, held on the 15^th day of June, 2004, and was passed at a regular meeting of the Board of Supervisors of the County of Napa, State of California, held on the 22^nd day of June, 2004, by the following vote:

            AYES:             SUPERVISORS            _______________________________________

                                                                        _______________________________________

            NOES:             SUPERVISORS            _______________________________________

            ABSTAIN:            SUPERVISORS            _______________________________________

            ABSENT:            SUPERVISORS            _______________________________________

                                                                        _______________________________________

                                                                        MARK LUCE, Chairperson

                                                                        Napa County Board of Supervisors

 

ATTEST: 

Clerk of the Board of Supervisors

 

 

By_________________________