NAPA COUNTY Conservation Development and Planning Department Code Compliance Flow Chart Building Code Violations 1 COMPLAINT Written complaint (form, letter, ) Oral complaint (telephone, in-office or field) Anonymous complaint (health & safety or grading) Observed violation (inspector in the field) 4 VIOLATION PROCESS a. ORDER TO COMPLY/RED TAG (Stop work order) for Health & Safety Issues b. VIOLATION LETTER Other Violations 3 INITIAL FIELD VISIT INSPECTION 2 RESEARCH IN OFFICE OR FROM FIELD – (Research files, prepare maps & property information.) 6 FAILURE TO RESPOND GENERATE SECOND VIOLATION LETTER 5 PLANS SUBMITTED AND REVIEWED PERMIT ISSUED CASE CLOSED UPDATED: AUGUST 2005 rl/data/power point/Complaint_process bldg.ppt NO VIOLATION CASE CLOSED 7 NON COMPLIANCE REMEDIES a. THIRD VIOLATION LETTER b. ADMINISTRATIVE CITATION ($100/$500) c. REFER TO DISTRICT ATTORNEY’S FOR PROSECUTION d. REFER TO COUNTY COUNCIL FOR RESOLUTION e. SCHEDULE B.O.S HEARING / APPEALS NO VIOLATION CASE CLOSED NO RESPONSE VIOLATION CANNOT BE LEGALLY ABATED (Structure(s) to be Owners cost / expense)

CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT CODE COMPLIANCE FLOW CHART: BUILDING CODE VIOLATIONS This flowchart provides a summary of the process used to identify and correct violations of the building code(s) sections related to structures/buildings being constructed illegally without the benefit of the proper clearances, permits and zoning, including use permit conditions and violations of the conservation regulations. This process summary updates the department’s Code Compliance Policy & Procedures Manual, dated March 10, #1 Complaints. Complaints may be received directly from the public, through the Board of Supervisors or from referrals from other departments or agencies. Building Code complaints are processed by Building Division staff as shown in this flowchart. Zoning & land use complaints are referred to Planning Staff. Complaints regarding septic systems, wells, hazardous materials, noise and non- operating 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 any one of the following forms: written (standard form, personal letter or ); oral (received by telephone, in office or during field inspections); anonymous (for health & safety or grading violations only); observed (by inspectors in the field). #2 Research. Building Division staff 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. #3 Field Inspection. If the reported violation is not observed during an inspection of the subject property, the complainant is contacted to request additional information (photos/other evidence). Absence of evidence (or observation) results in closure of the case. #4 Violation Process. If a violation is observed or demonstrated by evidence, one of two actions are taken. Both include citing the appropriate code section(s), identifying the violation(s), identifying corrective measures required and a timeline for compliance. A.An Order to Comply/Stop Work Order (“Red Tag”) is issued when a potentially hazardous health and safety situation exists. B.A First Violation Letter is issued in non-emergency situations. (A violation letter may also follow and explain an Order To Comply/Stop Work Order.) #5 Plans Submitted & reviewed. If plans and specifications are submitted for review and a permit is issued, the case will be closed. (If plans and specifications are submitted, changes are requested, and the owner fails to make the requested changes or obtain a permit, the violation remains.) If the violation cannot be legally abated, the owner will be asked/ordered to abate/raze the structure(s) at his/her own expense. #6 Failure to Respond. If the property owner/contractor or the person(s) responsible for the property fails to respond to the Order to Comply or to a violation letter, a second violation letter which will be sent via “certified “mail. #7 Non-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 used: A.Third Violation Letter. A third violation letter may be sent by “certified” mail if the violation is minor, and more stringent responses are not deemed appropriate/necessary. B.Administrative Citation Non-monetary and monetary penalties of $100/$200/$500 per day may be used in cases where violators fail to acknowledge receipt of violation notices or fail to take corrective measures. C.District Attorney Referral. Violations involving business entities may be referred to the District Attorney’s office for resolution. D.County Council Referral. Violations involving residential properties may be referred to County Counsel for resolution. E.Board of Supervisors. Any written decision or determination by the Building Division may be appealed to the Board of Supervisors, but only after a management hearing/ review has failed to resolve the complaint/ violation. In some instances – if the owner fails to abate the violation within a reasonable timeframe and if funding is available -- the Board of Supervisors can authorize County staff to retain a contractor to abate the violation. A lien may be recorded on the property to secure reimbursement for the County’s costs.