Title 1

GENERAL PROVISIONS

Chapters:

1.01 Code Adoption 1.04 General Provisions 1.08 General Penalty

1.12 Enforcement 1.16 Prisoners

1.18 Indemnification Requirements

1 (Shasta COtmty 10-97)

Chapter 1.01

CODE ADOPTION

Sections:

1.01.010 1.01.020 1.01.030 1.01.040

1.01.050

1.01.060

1.01.070

1.01.080 1.01.090

1.01.100

1.01.110 1.01.120

1.01.010

Adopted. Title. Codification authority. Ordinances passed prior to adoption of code. Reference to specific amendments. Reference applies to all amendments. Effect of code on past actions and obligations. Repeal of previous code. Amendment and availability of code. Correction of clerical, typographical or grammatical errors. Effective date. Severability.

Adopted. Pursuant to Government Code Section

25130, the board of supervisors hereby recompiles and recodifies the Shasta County Ordinance Code as the "Shasta County Code," as published by Book Publishing Company of Seattle, Washington, including those secondary codes adopted by reference within the Shasta County Ordinance Code, except for so much of any secondary code as may be deleted or modified by the Shasta County Ordinance Code. (Ord. 90-1 § 1, 1990)

3

1.01.010

1.01.020 Title. The code adopted by this ordinance shall

be known and may be cited as the "Shasta County Code" and every ordinance amend­ing or reviSing the Shasta County Code shall refer to that code by name. (Ord. 90-1 § 2, 1990)

1.01.030 Codification authority. The Shasta County Code consists of all

ordinances of the county previously com­piled and codified in the Shasta County Ordinance Code. (Ord. 90-1 § 3. 1990)

1.01.040 Ordinances passed prior to adoption of code.

The last ordinance included in the initial printing of the Shasta County Code is Ordi­nance No. 494-338. adopted January 24. 1989. Ordinances No. 494-339 through 494-346 were adopted after the adoption of Ordinance 494-338. but prior to the adop­tion of the Shasta County Code. and those ordinances are codified and made a part of the county code for all purposes. (Ord. 90-I § 4, 1990)

1.01.050 Reference to specific amendments.

Matters of record that refer to or are oth­erwise connected with ordinances coditied within the county code or which refer to the provisions of that code by section. division. or part number (or otherwise) or by refer­ence to any ordinance within the 494 series of ordinances that amended that code. are deemed to be references to the correspond­ing proviSions of the county code. (Ord. 90-1 § 5. 1990)

(Shas[a County 6~91)

1.01.060

1.01.060 Reference applies to all amendments.

Whenever reference is made to the county code or to any portion of it. or to any ordi­nance codified within. or amendatory or revisory of. that code. the reference shall apply to all amendments. corrections. and additions made to that code. or any such ordinance. unless the reference. by its terms. is restricted to the code as it read on a specific date or during a specific period of time. (Ord. 90·1 § 6. 1990)

1.01.070 Effect of code on past actions and obligations.

The adoption of this ordinance shall not in any manner a) affect any prosecution for violation of ordinances in effect prior to the effective date of the ordinance codified in this chapter. b) be construed as a waiver of any license. fee. or penalty required by or resulting from any such ordinance. or c) affect the validity of any bond (or cash deposit in lieu thereol) required to be post· ed. fIled or deposited pursuant to such ordi­nance. All rights and obligations arising under the Shasta County Ordinance Code shall continue in full force and effect. (Ord. 90·1 § 7. 1990)

1.01.080 Repeal of previous code. Subject to the limitations of Section

1.01.070. the provisions of the Shasta Coun· ty Ordinance Code. as adopted by Ordi­nance No. 494 and last amended by Ordi· nance No. 494·346. are repealed by this ordinance and superseded by the Shasta County Code. (Ord. 90-1 § 8. 1990)

(Shasta County 6-91) 4

1.01.090 Amendment and availability of code.

The clerk of the board of supervisors shall maintain the county code and shall furnish a copy of each ordinance amending that code to Book PubliShing Company as soon as is practicable after the adoption of each such ordinance. The clerk shall further see that the text of pages supplied by Book Publishing Company to replace pages af­fected by any ordinance amending the coun­ty code conforms to the amendments made by each such ordinance. and shall cause copies of those pages to be distributed to each county officer. department or agency to whom the code has been distributed. and to each person or entity subscribing to the code maintenance service. The clerk shall further maintain and keep available for public inspection in the clerk' s office suffi­cient copies of the county code to comply with Government Code Section 25128. (Ord. 90-1 § 9. 1990)

1.01.100 Correction of clerical, typographical or grammatical errors.

The clerk of the board of supervisors. with the concurrence of the county counsel. may cause clerical. typographical. or grammatical errors appearing in the county code. or any ordinance amending or revising that code. to be corrected without further action by the board of supervisors. However. no such correction shall result in any substantive change to the county code or any ordinance amending or revising that code. (Ord. 90-1 § 10. 1990)

1.01.110 Effective date. The Shasta County Code shall become

effective on the date the ordinance codified in this section becomes effective. (Ord. 90· 1 § 11, 1990)

1.01.120 Severability. If any provision of the ordinance codified

in this section, or the application of any provision of the ordinance codified in this section, to any person or circumstances is held invalid, that invalidity shall not affect any other provision or application of the ordinance coditied in this section which can be given effect without the invalid provision or application, and to this end, the provi· sions of the ordinance codified in this sec· tion are expressly made severable. (Ord. 90·1 § 12, 1990)

1.01.110

4·' (Shasta County 6-91)

Chapter 1.04

GENERALPROVffiIONS

Sections: 1.04.010 Title. 1.04.020 Purpose-Land use

provisions. 1.04.030 Definitions. 1.04.040 Construction. 1.04.050 Ordinances included. 1.04.060 Effect on existing law. 1.04.070 Effect on existing rights. 1.04.080 Headings not to govern

provisions. 1.04.090 Limitations on liability

and actions. 1.04.100 Time limit. 1.04.110 Fees. 1.04.120 Severability.

1.04.010 Title. The title of this code is "Shasta County

Code." (Prior code § 1)

1.04.020 Purpose-Land use provisions.

The purpose of the land use, regulation and planning provisions of this code, codi­fied in Chapters 2.48 and 2.56 and in Titles 15 and 17, is to provide for the orderly and efficient application of the police power of the county of Shasta with respect to land use planning and management and to imple­ment and supplement related laws of the state of California, including but not limited to the State Planning and Zoning Law, Subdivision Map Act and California Envi­ronmental Quality Act (CEQA). (Prior code § 4000)

5

1.04.010

1.04.030 Definitions. A. The following words and tenns are

used and defined as follows for purposes of this code, unless the context in which any word or tenn is used requires another usage or meaning:

"Advisory agency" as referred to in this code and in the map act means the planning commission.

"Board of supervisors" and "board" mean the board of supervisors of the county.

"CEQA" means the California Environ­mental Quality Act.

"This code" means the Shasta County Code and includes any law or code adopted by reference in this code, any county poli­cies or standards referred to in this code that are adopted by resolution of the board of supervisors, and any condition or limita­tion imposed on any permit, license, entitle­ment or other approval issued or made by the county or any of its officers.

"County" means the county of Shasta, state of California.

"Development standards" means stan­dards and criteria for development adopted by resolution of the board of supervisors, including but not limited to, desigu of sub­divisions and construction and installation of improvements for subdivisions and other developments.

"EIR" means environmental impact re­port.

"Enforcing officer" means the person, office or department designated by state law or the board of supervisors to enforce any provision of this code. "Enforcing officer" includes any county officer, employee or agent to whom enforcement powers have been lawfully delegated by a designated enforcement officer.

(Shasta County 11-99)

1.04.030

"Fee" means a fee, charge or rate set by the board of supervisors.

"General plan" means the county general plan.

"Nuisance" means and includes every public or private act or condition known or described in the common law as a public nuisance and any other public or private act or condition which is or may be declared to be a public nuisance under the laws of the state or by county ordinance.

"One ownership" as applied to real prop­erty, means ownership of property, or pos­session of property under a contract of sale or under a lease with a term of at least ten years, by a person or by persons exercising joint control of the property. Lands owned or beneficially controlled by substantially the same person shall be deemed to be in one ownership.

"Owner" means the person or persons exercising one ownership.

"Person" means a natural person, his heirs, executors, administrators or assigns and includes, but is not limited to, any firm, association, partnership, corporation, joint venture, social club, fraternal organization, business trust, receiver, syndicate, or other group or combination acting as a unit and the successors, assigns or agents of any of them, and any governmental agency, public entity or public utility, except the county.

"Planning commission" and "commis­sion" mean the planning commission of the county.

"Shall" is mandatory except where it is used to direct a county or other public officer or employee to perform certain acts, in which case it is directory only; "may" is permissive.

"Staff advisory committee" or "SAC" means a committee composed of the dire-

(Shasta County 11-99) 6

ctor of resource management who shall act as chairman, the director of public works, the health officer, or the qualified designee of each, and such other persons as the board may direct.

"Street" means road, highway, alley, roadway or other way.

"Subdivision Map Act" or "map act" means the Subdivision Map Act set forth in Division 2 of Title 7 of the Government Code (commencing with Section 66410).

"Zoning plan" means the zoning plan of the county.

B. The present tense includes the future tense. The singular includes the plural. The masculine gender includes the feminine gender. (Ord. 99-8 § I, 1999: Ord. 95-3 § I, 1995; prior code §§ 6,4001)

1.04.040 Construction. It is the policy and intent of the board of

supervisors to avoid infringing upon any constitutional right of any person. This code, and every provision of it, shall be interpreted and construed in accordance with that principle. If any provision of this code is capable of more than one interpreta­tion, the interpretation which raises the least question of infringement upon any right guaranteed by the United States Constitution or the California Constitution shall be deemed to be the intended construction. If any provision of this code may be applied to a particular

set offacts in more than one manner, the application which raises the least ques­tion ofinfringement upon any right guar­anteed by the United States Constitution or the California Constitution shall be deemed to be the intended application. (Prior code § 9 A)

1.04.050 Ordinances included. All existing ordinances of the county

except ordinances and their amend­ments calling an election, setting parking limits, establishing speed zones, setting load limit on county roads and bridges, establishing traffic signals, permitting the use of Feather Lake Highway by the county of Lassen, establishing the boundaries of districts including but not limited to supervisorial, judicial and other districts, adoption or adding to or amending zoning maps or salary sched­ules, contracts with State Employees Retirement Fund, franchises, ordinances establishing a closed range, property tax and disaster relief, and for removal of overhead utilities and those ordinances hereinafter excepted in this section by number, and amendments thereto, are codified. All ordinances hereafter adopted pertaining to the subject of this code shall be adopted in the manner and form provided by Section 25129 of the Government Code. Those ordinances excepted are Ordinances 462, 407, 434, 408, 463, 412, 413, 436, 419, 425, 424, 382,444,445,458, those amendments to Ordinance 378 affecting zoning maps, those parts of and amendments to 422 establishing salary schedules, 472, 451, 457, 432, 388, 202, 155, 427, 189, 152,

7

1.04.040

154, 162, 142, 120, 121, 104, unnumbered water company franchises, 488, 485, 459, 484, 478, and 470. (Prior code § 2)

1.04.060 Effect on existing law. The provisions of this code, so far as

they are substantially the same as existing law, shall be considered as continuations thereof and not as new enactments. (Prior code § 3)

1.04.070 Effect on existing rights. No action or proceedings commenced

before this code takes effect, and no rights accrued shall be affected by the provi­sions in this code. (Prior code § 4)

1.04.080 Headings not to govern provisions.

Title, article, chapter, division, section and subsection headings do not in any manner affect the scope, meaning or intent of the provjsions of this code. (Prior code § 7)

1.04.090 Limitations on liability and actions.

A. Nothing in this code or any other county enactment is intended, or shall be deemed or construed, to impose liability upon the county, or any of its officers, agents or employees, for any injury to persons or damage to property alleged to result from any act or omission by the county or any of its officers, agents or employees, beyond the liability imposed by the laws of the state or the United States. Nothing in this code or any other county enactment is intended, or shall be deemed or construed, to impose a man­datory duty upon the county, or any ofits

1.04.090

officers, agents or employees, for the pur­pose of determining entitlement to equi­table relief or liability for any injury to persons or damage to property alleged to result from the failure of the county or any of its officers, agents or employees to discharge a mandatory duty imposed by any county enactment.

B. Except as otherwise provided by law, any of the following judicial actions or proceedings against the county, or any of its officers, agents or employees, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected upon the county within ninety days after the date of accrual of the cause of action:

I. To attack, review set aside, void or annul any decision of any matter subject to this code, any county enactment or state law;

2. Concerning any of the proceedings, acts or determinations taken, done or made prior to such a decision or enact­ment;

3. To determine the reasonableness, legality or validity of any condition attached to any such decision or enact­ment;

4. To compel action or to seek relief from inaction as to any matters set forth in subdivisions I through 3 of this subsec­tion;

5. For money or damages. Thereafter, all persons are barred from

any such action or proceeding or any defense of invalidity or unreasonableness of any of those decisions, proceedings, acts, determinations or conditions.

C. As used in this section: I. "Agent" means any person not a

county employee who performs services

8

for or on behalf of the county pursuant to a contract with the county, or any board, commission, committee or advisory body of the county formed pursuant to state or federal law or county enactment and includes the members of each of them.

2. "County enactment" means any ordinance, resolution, policy, regulation, directive, rule, decision or other enact­ment adopted, enacted, promulgated, made or approved either explicitly or implicitly by the board of supervisors, or any decision or administrative policy, regulation or directive made or promul­gated by any authorized county officer agent or employee.

3. "Date of accrual of the cause of action" means:

a. As to any county enactment against which relief is sought or for which money or damages sought, the date the enact­ment was adopted, enacted, promul­gated, made or approved either explicitly or implicitly;

b. As to inaction or alleged improper performance as to any matter, the date on which the act sought to be compelled should have been performed or properly performed;

c. As to any other incident, the date the act or omission occurred that caused the alleged injury. (Prior code § 8)

1.04.100 Time limit. Any judicial proceeding or action to

attack, review. set aside. void or annul any decision of matters listed in this chapter which are subject to judicial review (other than those listed in Gov­ernment Code Sections 65009. 65860, 66499.37 and Public Resources Code

Section 21167) or concerning any of the proceedings, acts or determinations taken, done or made prior to such deci­sion or to determine the reasonableness, legality or validity of any condition attached thereto, or concerning the gen­eral plan or any specific plan, or any amendment to, interpretation of, dele­tion from, addition to, or application of the general plan or specific plan, or to

. compel action as to any of these matters or to seek relief from inaction on any of these matters, shall not be maintained by any person unless such action or pro­ceeding is commenced and service of summons effected within ninety days after the date of such decision, act or determination, or, in the case of inaction, within ninety days after the date on which the act sought to be compelled should have been performed. Thereafter, all persons are barred from any such action or proceeding or any defense of

9

1.04.100

inValidity or unreasonableness of such decisions or of such proceedings, acts or determinations. (Prior code § 4005)

1.04.11 0 Fees. No required fee may be refunded or

waived in whole or in part unless the refund or waiver is authorized by the board of supervisors by ordinance or res­olution. The board may delegate the authority to waive or refund fees to an appropriate person or body. (Prior code § 4006)

1.04.120 Severability. If any provision of this code or the

application of any provision of this code to any person or circumstance is held invalid, that invalidity shall not affect any other provision or application of this code which can be given effect without the invalid provision or application, and to this end the provisions of this code are expressly made severable. (Prior code § 9 B)

1.08.010

Chapter 1.08

GENERAL PENALTY

Sections: 1.08.010 Violation as infraction or

misdemeanor. 1.08.020 Fines and imprisonment.

1.08.010 Violation as infraction or misdemeanor.

A. A violation of any regulatory or prohibitory provision of this code is an infraction, unless any provision of law establishes the violation as a misde­meanor, or the district attorney files a complaint charging the violation as a misdemeanor.

B. Every person who violates a partic­ular regulatory or prohibitory provision of this code three or more times is guilty of a misdemeanor for the third and every subsequent violation of that provision during any twelve-month period.

C. A separate offense is committed for each and every transaction, event, or

10

occurrence in violation of any regulatory or prohibitory provision of this code. A separate offense is committed for each and every day or part of a day during which any such violation is caused, com­mitted, continued or permitted. Each offense is punishable separately from every other offense. (Prior code § 50)

1.08.020 Fines and imprisonment. A. Every violation of any regulatory

or prohibitory provision of this code determined to be an infraction is punish­able as provided in subdivision (b) of Government Code Section 25132.

B. Unless a different punishment is prescribed by any law of this state, including any provision of this code, every violation of a regulatory or prohib­itory provision of this code determined to be a misdemeanor is punishable by imprisonment in the county jail for not more than one year or by fine not exceed­ing one thousand dollars, or by both fine and imprisonment. (Prior code § 70)

Sections: 1.12.010

1.12.020

1.12.030 1.12.040

1.12.050

Chapter 1.12

ENFORCEMENT

Administrative limitations. Enforcing officers­Operative date. Procedure. Abatement and injunction. Civil penalty and administrative fines.

1.12.060 Remedies cumulative.

1.12.010 Administrative limitations. A. All county officers, commissions,

boards, departments and employees vested with the duty or authority to issue or ap­prove permits, licenses or other entitlements shall do so subject to the requirements of this code. No permit, license or other enti­tlement shall be issued or approved for any purpose or in any manner which conflicts with the provisions of this code. Any per­mit, license or other entitlement issued in conflict with any provision of this code is null and void as of the date of issuance or approval.

B. Nothing in this code shall be deemed or construed to conflict with any provision of state law that authorizes or requires any county officer to enforce or administer any regulatory or prohibitory provision of state law or local ordinances. (Prior code § 60)

1.12.020 Enforcing officers-­Operative date.

A. Every person designated as an en­forcing officer for any provision of this code shall, as of the effective date of the

11

1.12.010

designation, commence enforcement of those matters entrusted to the officer's ad­ministration.

B. Whenever the duties of any enforcing officer are changed, whether by addition, deletion or amendment, the change takes effect upon the operative date established by the board of supervisors. In the case of a change enacted by ordinance, the change takes effect on the effective date of the ordinance, unless the ordinance establishes a different operative date. (prior code § 61)

1.12.030 Procedure. A. Every enforcing officer may use

administrative processes such as notices of noncompliance, warning letters, stop orders, or cease and desist orders in lieu of or prior to enforcing any provision of this code if the officer determines that the process may result in compliance with this code at less expense to the county.

B. Pursuant to Penal Code Section 19d and the provisions of Section 836.5 and Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite any person for violation of this code whenever the officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this code.

C. Any enforcing officer may enter and inspect, during reasonable times, all build­ings, mobile homes, structures or premises whenever necessary to determine compli­ance with, or inspect for a violation of any provision of this code and any related rules, regulations or orders that the enforcing officers or the county has power to enforce. When necessary and with the prior approval of the district attorney or county counsel, an

(Shasta County 4-98)

1.12.030

enforcing officer may apply to the superior court for an inspection warrant.

D. Every enforcing officer is authorized to appear as a complaining witness in any criminal proceeding brought for an alleged violation of this code and in every adminis­trative or civil proceeding brought to abate any violation of this code or to enjoin any present or futnre violation of this code.

E. The district attorney or county coun­sel may, and when so directed by the board of supervisors shall, bring any appropriate civil action or proceeding to enforce the provisions of this code or to correct, abate, prevent or enjoin any violation of this code or any other public nuisance. (Prior code § 62)

1-12.040 Abatement and injunction. A. Any violation of any regulatory or

prohibitory provision of this code may be abated in the manner provided by law.

B. Any violation or threatened violation of any regulatory or prohibitory provision of this code may be enjoined in any judicial action or proceeding brought to enforce that provision.

C. Whenever any action, administrative proceeding or special proceeding is brought to abate or enjoin any violation of this code, the county may recover in that action or proceeding all costs and expenses incurred in detecting, investigating, abating and prosecuting the violation.

D. Whenever any action, administrative proceeding, or special proceeding is brought to abate or enjoin any violation of this code, and the county notifies the person(s) against whom the action or proceeding has com­menced of its election to seek recovery of attorney's fees, with such notice provided in writing at the time the action or proceed-

(Shasta COWlty 4-98) 12

ing has been commenced, the prevailing party shall be entitled to recover attorney's fees. The amount of any award of attorney's fees to a prevailing party pursuant to this section shall not exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding. (Ord. 97-5 §1(part), 1997: prior code § 71)

1.12.050 Civil penalty and administrative fines.

A. Any person who violates any regula­tory or prohibitory provision of this code is liable for a civil penalty for each offense which shall not exceed the amount that could be imposed as a fine in a criminal prosecution for that offense if it was deter­mined to be a misdemeanor. Such a civil penalty may be assessed and recovered in a civil action to abate or enjoin a violation of this code.

B. Any person who violates any regula­tory or prohibitory provision of this code is liable for an administrative fine or penalty.

1. Each designated enforcement officer, or the hearing officer or decision-making body where applicable, shall be authorized to impose an administrative fine or penalty pursuant to this section for each violation. For ongoing or reoccurring violations, such a fine or penalty may be imposed for each day of violation.

2. Where the violation would otherwise be an infraction, the fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 of the California Government Code.

3. In imposing a fine or penalty, the enforcing officer, or an authorized designee, shall inform the person determined to be responsible for the code violation and the owner or possessor of the property on

which the violation exists if other than the person detennined to be responsible, by written notice delivered by U.S. mail or personally, of the alleged violations and resulting administrative fme or penalty amount.

4. If a violation is of a continuing or ongoing nature, and if the violation pertains to building, plumbing, electrical, sewage disposal or other similar structural environ­mental health or zoning issues that the enforcing officer detennines will not create an immediate danger to health or safety, the written notice shall specify a reasonable period of time, as detennined by the enforc­ing officer, to correct or otherwise remedy the violation prior to the imposition of the fme or penalty.

5. Any party who has been fined or penalized pursuant to this section may re­quest administrative review of the decision imposing the fine or penalty. This shall be done in accordance with the applicable appeal provisions of this code addressing the specific enforcement issue(s) presented, which shall be summarized in the notice of violation and fine. If there is no specific code provision addressing appeal from an adverse enforcement officer, hearing officer or decision-making body determination, and a final administrative order or decision concerning imposition of the fine or penalty has been made, the person contesting that order or decision may seek judicial review pursuant to Government Code Section 53069.4, subdivision (b).

6. Upon the issuance of a final adminis­trative order or decision, and following any decision on appeal pursuant to subsection (B)(5) of this section confinning that order or decision, if the fine or penalty has not been deposited the county may proceed to

12-1

1.12.050

collect the fine or penalty by imposing a lien on the responsible person's real prop­erty upon following the procedures set forth in Government Code Section 28845, with the same legal effect thereof. (Ord. 97-5 § 1 (part), 1997: prior code § 72)

1.12.060 Remedies cumulative. A. Uuless otherwise expressly provided

in this code, the remedies provided in this chapter are cumulative and not exclusive.

B. Nothing in this division is intended, or shall be deemed or construed, to limit or impalr the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, other­wise authorized by law, to summarily abate any nuisance.

C. Nothing in this division bars any legal, equitable, administrative or summary remedy to which any aggrieved person of the county or any of its officers may other­wise be entitled. (Prior code § 73)

(Shasta County 4-98)

Sections: 1.16.010

1.16.020

1.16.030

Chapter 1.16

PRISONERS

Certain prisoners shall work. Work director appointed by sheriff or chief probation officer. Limits on prisoner labor.

1.16.010 Certain prisoners shall work.

A. All physically able persons confined in the county jail, industrial farm, juvenile camp, or road camp under a final judgment of imprisonment rendered in a criminal action or proceeding, and all persons con­fmed in the county jail, industrial farm, juvenile camp, or road camp as a condition of probation after suspension of imposition of sentence or suspension of execution of sentence shall perform labor on public works, such as public grounds, buildings, or in such other places as may be deemed advisable for the benefit of the county.

B. The Shasta County sheriff, or with regard to incarcerated juveniles, the chief probation officer, or such officer's designee, at such officer's sole discretion, will deter­mine who is physically able to perform work.

C. Except as provided in Section 1.16.030, the phrase "perform labor on public works" means and includes, among other things, clerical and manual labor in the county jail or in the camps maintained for the labor of such persons upon the ways in the county or the cleaning of public roads or highways. (Ord. 95-7 § 1 (part), 1995)

13

1.16.010

1.16.020 Work director appointed by sheriff or chief probation officer.

The labor described in Section 1.16.010 shall be under the direction of some respon­sible person, appointed by the sheriff or the chief probation officer, who shall carry out such duties subject to the will and pleasure of the sheriff or chief probation officer. (On!. 95-7 § 1 (part), 1995)

1.16.030 Limits on prisoner labor. In addition to the work described in

Section 1.16.010, prisoner labor may be used in the prevention or suppression of forest, brush or grass fires upon land within the county. In addition, prisoner labor may be used for fire suppression upon lands in adjacent counties where the suppression of fires would affon! fire protection to lands within the county, but only upon a declara­tion by the board of supervisors that there exists an emergency or a clear and present threat to lands within Shasta County. (Ord. 95-7 § 1 (part), 1995)

(Shasta COWlty 10-97)

1.18.010

Chapter 1.18

INDEMNIFICATION REQUIREMENTS

Sections: 1.18.010 1.18.020

1.18.030

Purpose. Indemnification and hold harmless for discretionary land use approvals. Definitions.

1.18.010 Purpose. The purpose of this chapter is to provide

greater certainty to the county and to appli­cants for discretionary land use approvals concerning how legal challenges to such projects shall be addressed. As the parties primarily interested in and benefiting from development approvals sought from the county, and recognizing that legal challeng· es may result in significant potential public agency expenses even in the event of merit­less actions to attack or set aside such ap. provals, this chapter is intended to require the applicants for discretionary land use approvals to assume the primary responsi· bility for any such challenges. (Ord. 97-2 § 1 (part), 1997)

1.18.020 Indemnification and hold harmless for discretionary land use approvals.

A. At the time of submitting an applica· tion for a discretionary land use approval, and as a condition of approval, all appli­cants requesting such an approval shall agree, as a part of the required application, to defend, indemnify and hold hannless the county from any claim, action or proceeding brought to attack, set aside, void or annual

(Shasta C01mty 10·97) 14

any subsequent approval by the county which is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the county, costs of suit, attorneys' fees and other costs and expenses incurred in con· nection with any such claim, action or pro· ceeding.

B. In the event that a claim, action or proceeding referenced in subsection (A) of this section is brought, the county shall promptly notify the applicant thereof. N oth­ing set forth in this section shall prohibit the county from participating in the defence of any claim, action or proceeding if the coun­ty elects to bear its own attorneys's fees and costs and defends the action in good faith. (Ord. 97-2 § 1 (part), 1997)

1.18.030 Definitions. As used in this section the following

words and phrases are used and defined as follows:

"County" means the Shasta County board of supervisors, the planning commission, the planning agency, the public WOlXS de­partment, and all advisory agencies, appeals boards, officers, agents and employees of the county of Shasta.

"Discretionary land use approval" means any decision of the county approving a request of an applicant for a general plan amendment, rezoning, tentative map, vesting tentative map, parcel map, final map, final map modification or amendment, time ex­tension, boundary line adjusttnent, certifi­cate of compliance, conditional use permit, use permit modification, use permit exten· sion, variance or variance modification, reclamation plan, administrative permit, or any other land use or public works entitle· ment requiring the county's exercise of

judgment in the imposition of or a decision not to impose conditions of approval, and any accompanying California Environmental Quality Act (CEQA) determination pertain­ing to any such approval. (Ord. 97-2 § 1 (part), 1997)

14-1

1.18.030

(Shasta COUDty 10-97)