Conservation Development and Planning Department Code Compliance Flow Chart for County Code (Zoning & Land Use) Violations COMPLAINT RESEARCH AND PRIORITIZE VIOLATION ABATED CLOSE CASE VIOLATION PROCESS STOP WORK ORDER & ORDER TO COMPLY 1 ST VIOLATION LETTER WARNING CITATION NO VIOLATION CLOSE CASE 2 nd VIOLATION LETTER ADMINISTRATIVE CITATION #1 OFFICE HEARING BOS APPEAL IF NO RESPONSE B DISTRICT ATTY. COUNTY COUNSEL REFERRAL IF COMPLIANCE CLOSE CASE IF NO COMPLIANCE SELECT REMEDY CITATIONS BUILDING PERMIT ISSUANCE USE PERMIT APPROVAL PLANNING COMMISSION HEARING FOR USE PERMIT REVOCATION NUISANCE ABATEMENT LIEN RECORDATION #4 #8 INITIAL INSPECTION C D E #1 #3 #4 FOLLOW UP INSPECTIONS #6 #5 A B C #7 #9 #2 A UPDATED: AUGUST 2005 rl/data/power point Complaint_process plng.ppt

CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT CODE COMPLIANCE FLOW CHART: ZONING VIOLATIONS This flowchart provides a summary of the process used to identify and correct violations of County Code sections related to land use and zoning, including use permit conditions and violations of the conservation regulations. This process summary updates the Code Compliance Policy & Procedures Manual, dated March 10, #1 Complaint. Complaints may be received directly from the public, through the Board of Supervisors or from referrals from other departments or agencies. Zoning & land use regulation complaints are referred to the compliance officer and processed as shown here. Building Code complaints are referred to Building Division staff and are processed as per the Building Division compliance flowchart. Complaints regarding septic systems, wells, hazardous materials, noise and nonoperating vehicles are referred to the Department of Environmental Management. Earthmoving, road or house pad grading and public road encroachments are referred to the Public Works Department. Residential vegetative and weed problems are handled by Napa County Fire Department/CDF. Referrals to the State Department of Fish & Game are made for any form of bank to bank stream/creek encroachments or disturbances. Complaints may take be written (standard form, personal letter or ), oral (received by telephone, in office or during field inspections) or anonymous (for health & safety or grading violations only). #2 Research & Prioritize. The Compliance Officer is responsible for researching all appropriate files & documents regarding County Code violations, including preparation of maps, property information, consulting with other CDPD staff and contacting personnel in other departments and agencies. Priorities are assigned as follows: Immediate = Emergency response (Health & Safety issues); Within 7 days = Priority response (Affects neighborhood); Within 14 days = Routine response (Limited impact). #3 Initial Inspection. If the reported violation is not observed, complainant is contacted to request additional information (photos/other evidence); absence of code violation evidence results in closure of the case. #4 Violation Process. If a violation is observed or demonstrated by evidence, one of three actions are taken. All three include citing the appropriate code section(s), identifying the violation(s), a directive involving corrective measures and a required compliance time. A. Issuance of Stop Work Order (“Red Tag”) with Order To Comply (for health and safety issues). B. First Violation Letter (for non-emergency responses -- may follow Red Tag/Order To Comply). C. Warning Citation (non-monetary administrative citation for minor, non-health/safety violations or when necessary to alert violator that monetary citations may follow if corrections are not made within a specified time). #5 No Response. If there is no response by the property owner or person(s) in control of the subject property, an inspection may take place to confirm compliance (a telephone call to the complainant may be all that is necessary). If not corrected, a second violation letter is sent “certified” mail. If there is no response again or if inspection or telephone confirmation results in no compliance, an Administrative Citation is mailed (certified) and is also hand-delivered. If no one is home, the citation is posted on the subject property and verifying photographs are taken. #6 Follow Up Inspections. Follow up inspections may be required at any point in time either to observe and photograph the existing violation(s) or to confirm compliance. #7 Close Case. If compliance has been completed and verified, it will be so noted in the file and the case will be closed. In most cases, full compliance with code regulations is secured, however, in some cases, 100% compliance requires final approval of building and/or zoning and land use permits. In other situations, “substantial” compliance (less than 100%) may be sufficient to resolve complaints and close the case. #8 Compliance Remedies. If the owner and/or the person in control of the subject property is not cooperative and will not voluntarily comply with code requirements after reaching this point in the process, any of the following remedies may be attemped: A. Office Hearing/Management review: Requested by either violator or staff in situations where the regulations, penalties and directives might best be discussed and documented through department management. Any written decision can be appealed to the Board of Supervisors. B. District Attorney: Grading, landscape and other contractors involved in unfair business practices are generally referred to this department for the initiation of legal action against them and the property owners. Zoning violations involving a business entity with no existing use permit may also be referred to the District Attorney. C. County Counsel: Non-business related code violations may be referred to this department to obtain court-ordered compliance directives with penalties. D. Administrative Citations: Monetary penalties of $100/$200/$500 per day/per violation may be used in cases where violators fail to cooperate and comply with the County Code and notices of violation. Compliance times are variable and are determined by individual circumstances. An appeal may be requested before an impartial hearing officer regarding whether or not the specified code violation has taken place. E. Ministerial and/or Discretionary Actions: Compliance remedies may include building permit requirement and/or use permit or other discretionary permit approvals. Other departments may also be part of the final approval process which could prolong the overall resolution time. Processing times could range from as little as three weeks to more than six months for Planning Commission/BOS hearings to approve the revocation of a use permit. F. Nuisance Abatement/Lien Recordation: The abatement of public nuisances can be processed administratively through the Uniform Housing Code or Dangerous Buildings Code for substandard residential structures. Nuisances of a zoning and land use nature require public hearings through the Board of Supervisors. If, after being ordered by the BOS to abate a violation within a time certain, a property owner fails to do so, the BOS could approve a private contract for the cleanup of the violation. If the total abatement costs are not paid for by the property owner, the county may record a lien on the property and eventually secure reimbursement through a public auction. #9 Violation Abated/Case Closed. See item #7, above.