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How do I report a code violation? |
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To report a code violation regarding building, zoning, grading, or well & septic issues, call Janet McKenna at (707) 565-3717, or email JMckenna |
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Who turned me in? |
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We receive complaints from a number of sources
including internal referrals, outside agencies and the general
public. Of those complaints received from the general public, we
may offer to keep a complainant's name confidential for various
reasons. A court order is required to find out the complainant's
name if we agree to confidentiality. If a complainant is not concerned
about confidentiality, their name is public record. |
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Why do I have to pay penalties if I'm getting
a permit to correct the violation? |
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The Sonoma County Code imposes mandatory civil penalties for
building, zoning, non-storm water discharges and certain health
code violations. These penalties may be calculated in one of two
different ways. When a permit can be issued to legalize a violation,
penalties may be imposed from three to ten times the base permit
fee. If the violation cannot be approved or legalized by a permit,
you will be given (30) days to cease the unlawful use or demolish
the unlawful structure. If you fail to comply with our direction,
you may be penalized anywhere between $5 per day up to a maximum
of $500 per day.
Where you fall within this penalty range
is based upon the following: |
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The seriousness of the violation.
Could the violation harm
human health/safety or the environment?
The length of time the violation has existed
The diligence and cooperation of the property owner
The affect of the violation on other properties.
The owner's level of responsibility for the violation. Did the owner create or add to the violation?
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What will happen if I don't get a permit and resolve
the violation? |
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Code Enforcement staff strives to assist the property
owner to obtain compliance. If permits are not obtained,
a "Notice of Abatement Proceedings" will be recorded against
the title of the property. This recorded document serves to notify
the public of the violation and may prevent you from selling the
property or obtaining refinancing or title insurance on the property.
In addition, an administrative abatement hearing may be scheduled
in an attempt to gain compliance. If the Hearing Officer orders
that you correct the violation and you do not comply, your case
may then be referred to County Counsel to be pursued in Superior
Court. This could result in a judgment against you, increased costs
and penalties, the County entering your property to physically
remove
the violation, and in some extreme cases, owners may be sentenced
to jail time. |
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What is an abatement lien? |
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The Code Enforcement Division records several types
of liens against the title of property. The type of lien is dependent
upon the type of violation and the level of abatement. The lien
types are; |
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1) Notice of Abatement Proceedings
This type of lien does not specify a dollar amount needed to
remove the lien. This document is recorded to notify any prospective
buyers or lenders that building and/or septic violations exist
on the property.
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2) Partial Abatement Lien
This type of lien is recorded after an administrative abatement
hearing is held and the Hearing Officer orders a property owner
to correct a violation and payment of costs and penalties. This
lien serves to notify the public of the violation and may prevent
the sale or refinancing of the property or prevent the owner
from obtaining title insurance.
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3) Supplemental Abatement Lien
This type of lien is recorded when additional costs are incurred
after recording a partial lien.
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4) Notice of Lis Pendens
This is recorded by County Counsel when a lawsuit is filed and
is in addition to a partial abatement lien or notice of abatement
proceedings.
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These documents remain recorded until the violation
has been corrected and costs and penalties are paid. |
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I didn't do the work or cause this problem -
why must I pay penalties? |
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Civil penalties are mandatory under Section 1-7.1
of the Sonoma County Code, except under the following circumstances:
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1) Penalties are not imposed if the owner chooses to demolish
the unlawful construction and obtains a demolition permit within
30 days of violation notification.
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2) Penalties are not imposed on permits to correct substandard
housing conditions if the property owner obtains a repair permit
within 30 days of violation notification.
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3) Penalties are not imposed if the unlawful use is ceased within
30 days of violation notification.
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4) If the property owner establishes that a) when the property
was acquired, the violation existed on the property and, b) that
he or she had no knowledge of the existence of that violation.
The property owner can submit property disclosure statements or
other documentation to the Code Enforcement Manager and request
that he or she be excluded from these penalties based upon being
an "innocent purchaser".
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How much will my permit cost? |
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Permit fees are based upon the complexity of the
project. Staff will assist you in determining your cost. |
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The person who turned me in has a violation on
their property. Why aren't you investigating them? |
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If you suspect there is a code violation on another
property, you may contact Code Enforcement staff and provide this
information. A Code Enforcement Inspector will investigate the matter.
If a violation is found to exist, the owner will be contacted by
letter and required to remove the violation and/or obtain the necessary
permits for the violation.
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How long do I have to fix the violation? |
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Under most circumstances you will be given 30 days.
This may involve simply stopping the illegal use or obtaining the
necessary permits. Under some circumstances an extension of time
may be granted when the property owner is steadily working to resolve
the problem and is making progress.
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I disagree that my property has a violation.
Can I appeal the staff's determination of the violation? |
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You can appeal any determination of violation.
Your appeal right is included in each notice sent and specifies
how long you have to submit an appeal. Appeals of some determinations
require a fee. We suggest the owner respond in writing immediately
to avoid the loss of appeal rights.
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