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(a) Administrative Costs. Any and all costs relating to staff time expended in the performance of enforcement activities authorized under this Chapter, including, without limitation, obtaining title reports, recording documents, noticing Responsible Parties, scheduling and participating in further hearings, collection activities and other such costs.

(b) Appellant. Any Responsible Party that files an appeal of the Code Enforcement Unit’s determination that a Violation has occurred or exists.

(c) Attorney’s Fees. Any and all legal fees incurred by the prevailing party in any administrative proceeding to impose and/or recover administrative civil penalties pursuant to the provisions of this Chapter. Recovery of Attorney’s Fees by the prevailing party is limited to those administrative proceedings in which the County of Humboldt elects, at the initiation of that individual proceeding, to seek recovery of its own legal fees. In no administrative proceeding shall an award of Attorney’s Fees to a prevailing party exceed the amount of reasonable legal fees incurred by the County of Humboldt in the administrative proceeding.

(d) Beneficial Owner. Any mortgagee of record, beneficiary under a recorded deed of trust or the owner or holder of any lease of record; provided, however, that the United States, the State of California and the County of Humboldt shall not be deemed to be Beneficial Owners by virtue of any lien for unpaid taxes.

(e) Category 1 Violations. Primarily procedural Violations that are committed through neglect or oversight and have a negligible impact on the health, safety, comfort and/or general welfare of the public.

(f) Category 2 Violations. Violations that are committed unintentionally through neglect or oversight and have a significant and/or substantial impact on the health, safety, comfort and/or general welfare of the public.

(g) Category 3 Violations. Violations that are committed intentionally or through inexcusable neglect and have a minimal impact on the health, safety, comfort and/or general welfare of the public.

(h) Category 4 Violations. Violations that are committed intentionally or through inexcusable neglect and have a significant and/or substantial impact on the health, safety, comfort and/or general welfare of the public. Category 4 Violations shall include, but not be limited to, the commercial cultivation of cannabis in Violation of any applicable local or state laws, regulations, policies, procedures, permits and agreements and any violation of building, health and safety, or zoning requirements that exists as a result of or to facilitate the illegal cultivation of cannabis.

(i) Code Enforcement Investigator. Any and all code enforcement officers assigned by the Humboldt County Code Enforcement Unit to correct Violations through the imposition of administrative civil penalties as set forth in this Chapter.

(j) Code Enforcement Unit. The Humboldt County Code Enforcement Unit, including any and all Code Enforcement Investigators employed thereby.

(k) Completion Date. The date on which a continuing Violation is corrected or otherwise remedied by the Responsible Party as set forth in this Chapter.

(l) Costs. Any and all costs and/or Attorney’s Fees incurred during the performance of the enforcement activities authorized under this Chapter.

(m) Imposition Date.

(1) The date on which administrative civil penalties start to accrue, which shall not be more than ten (10) calendar days after service of a Notice of Violation and Proposed Administrative Civil Penalty.

(2) For repeat, subsequent or ongoing cannabis Violations or Violations that exist as a result of or to facilitate illegal cultivation of cannabis, the imposition of administrative civil penalties will start to accrue after service of a Notice of Violation and Proposed Administrative Civil Penalty. If all the following are found to be true by the Code Enforcement Unit or the court, then the date on which administrative civil penalties start to accrue shall not be more than ten (10) calendar days after service of a Notice of Violation and Proposed Administrative Civil Penalty:

(A) A tenant is in possession of the Property.

(B) Owner or its agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.

(C) Owner or its agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the Owner or its agent to have actual notice of the illegal cannabis cultivation.

(n) Owner. The owner of record of the Property on which a Violation has occurred or exists whose name and address appears on the last equalized secured property tax assessment roll, or, in the case of any public entity, the representative thereof.

(o) Premises. Any lot or parcel of land upon which a building is situated, including any improved or unimproved portion thereof, and adjacent streets, sidewalks, parkways and parking areas.

(p) Personal Property. Articles of personal or household use or ornament, including, but not limited to, furniture, furnishings, automobiles and boats. As used herein the term “Personal Property” does not include intangible property such as evidence of indebtedness, bank accounts and other monetary deposits, documents of title or securities.

(q) Property. Any Premises, Personal Property and/or Real Property located within the unincorporated area of Humboldt County.

(r) Real Property. Any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement.

(s) Responsible Party. Any Owner, Beneficial Owner, person, business, company or other entity, and the parent or legal guardian of any person under eighteen (18) years of age, who has caused, permitted, maintained, conducted or otherwise allowed a Violation to occur.

(t) Violation. Any act or omission for which an administrative civil penalty may be imposed pursuant to this Chapter, including:

(1) Any failure to comply with the provisions of the Humboldt County Code.

(2) Any failure to comply with the provisions of any other uniform codes and/or ordinances adopted by the Humboldt County Board of Supervisors, including, but not limited to, building and zoning ordinances.

(3) Any failure to comply with any order issued by the Humboldt County Board of Supervisors or any other board, commission, department, hearing officer, examiner or official authorized to issue orders by the Humboldt County Board of Supervisors, including, but not limited to, the Humboldt County Planning Commission, the Humboldt County Code Enforcement Unit, the Humboldt County Planning and Building Director, the Humboldt County Health and Human Services Director and the Humboldt County Health Officer.

(4) Any failure to comply with any condition imposed by any entitlement, permit, contract or environmental document issued or approved by the County of Humboldt. (Ord. 2138a, § 1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2576, § 5, 6/27/2017; Ord. 2646, § 2, 7/28/2020)