Sec. 14-40. - Determination of nuisance and notice thereof.

Whenever the county determines that a public nuisance described in section 14-35 or section 14-36 of Division 1 of this article exists upon any property within the county, the county may utilize any procedures available in the law for its abatement, including the procedures set forth in this division and Division 3 of this article. When the procedures available in this division are utilized, the county shall first notify the owner of the property of such determination in the manner described in section 14-41.1. Notice shall also be provided to any tenant or other person legally in possession of the property known or reasonably believed by the county to be in legal possession.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-41. - Contents of contents.

The notice provided in section 14-40 shall:

(1)

Identify the owner of the property upon which the nuisance exists, as the name appears on the records of the county assessor.

(2)

Provide a description of the property sufficient to provide notice of its location.

(3)

State that the county has determined that a public nuisance exists on the property, and describe the nature of the public nuisance.

(4)

State the facts upon which the nuisance determination was based.

(5)

State that the owner or any person affected by the determination may appeal the determination in the manner and utilizing the procedures described in section 14-42(a).

(6)

State that unless the owner or any person in lawful possession of the property voluntarily abates the public nuisance in a timely manner and by legal means, or requests an appeal of the determination that a public nuisance exists, the county may abate the public nuisance. It shall also state that the cost to the county of abating the public nuisance, including the applicable cost of administration, may be collected as provided by law as a debt owed the county.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-41.1. - Service of notice.

The notice required by section 14-40 shall be served by personal delivery or by mail return receipt requested to the person to be served. The owner may be served by mail at his or her address as it appears on the last equalized assessment roll, except that if the records of the county assessor show that the ownership has changed since the last equalized assessment roll was compiled, notice shall be mailed to the new owner. If service cannot with diligent effort be accomplished by personal delivery or by mail, notice may be given by posting copies of the notice along the subject property not more than 1,000 feet apart, but in no event shall fewer than two copies of the notice be posted, and a copy of the notice shall concurrently be recorded in the recorder's office of the county.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-42. - Appeal of nuisance determination.

(a)

Any person affected by the determination of the county that a public nuisance exists may appeal that determination in writing to the county department that issued the determination on or before the twentieth calendar day following the date of mailing, personal delivery or posting of the notice required by section 14-41.1. The determination of the county department that a public nuisance exists and the remedy shall be final unless an appeal to the department is requested in a timely manner; failure to timely appeal the determination to the department is a failure to exhaust administrative remedies. At the time of filing the request for appeal, the person making the request shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the board of supervisors.

(b)

The head of the county department, or his or her designee, shall give notice to the person requesting the appeal of the date, time and place when the appeal will be heard, which date shall not be less than five calendar days after the date of mailing the notice.

(c)

The parties to the appeal may be represented by legal counsel. Testimony shall be taken on oath or affirmation. The hearing shall be informal and need not be conducted according to technical rules relating to evidence. Any evidence may be presented if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but may be rejected if deemed to be unreliable. Hearsay evidence, however, may not be the sole evidence supporting the determination that a nuisance exists. Irrelevant and unduly repetitious evidence may be excluded.

(d)

At the hearing on the appeal, the head of the county department which issued the public nuisance determination, or his or her designee, shall review the determinations, any and all relevant documents and testimony, and such other relevant evidence as shall be presented at the hearing. At the conclusion of the hearing, the person hearing the appeal may affirm, reverse or modify the determinations that a public nuisance exists and the remedy. The decision shall be made in writing and shall be mailed to the person requesting the appeal at the address provided in section 14-40.1 unless otherwise requested in writing by the party to be served. The notice of decision shall also include a description of the right to appeal the decision as provided in section 14-42.1. The decision of the county department shall be final unless an appeal to the board is requested in a timely manner; failure to timely appeal the decision of the county department to the board is a failure to exhaust administrative remedies.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-42.1. - Appeal to board of supervisors.

(a)

The person who requested the appeal to the department may appeal the decision of the department made pursuant to section 14-42 (d) to the board. An appeal to the board shall be in writing and shall be filed with the clerk of the board within ten calendar days after mailing of the notice of decision on the departmental appeal.

(b)

An appeal to the board shall specifically set forth the grounds of the appeal. At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the board of supervisors.

(c)

The clerk of the board shall mail notice to the appellant and to the department of the date, time and place when the board will meet to consider the appeal, which date shall be not less than five calendar days after the date of mailing the notice.

(d)

The parties may be represented by legal counsel. At the hearing on the appeal, the board shall review the determination of the department, the record of the evidence presented to the department, and any and all relevant argument and authorities presented to the board. At the conclusion of the hearing, the board may affirm, reverse or modify the determination that a public nuisance exists and the remedy for abating the nuisance. The decision shall be made in writing and shall be mailed to the person requesting the appeal at the address given, unless otherwise requested in writing by the party to be served. The decision of the board shall be final.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-43. - Abatement by owner.

Any owner, or person in charge of the subject property, may voluntarily abate a nuisance described in section 14-35 or section 14-36 of Division 1 of this article at any time prior to commencement of abatement by the county. The county shall have discretion to request such voluntary correction or abatement prior to proceeding with the formal abatement procedures provided by this public nuisance ordinance.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-43.1. - Abatement; entering private property.

If a public nuisance is not voluntarily corrected or abated by the owner, and if no request for appeal has been made as provided in section 14-42 and section 14.42.1, respectively, or if the decision after an appeal to the board so provides, the county may cause the public nuisance to be abated. The county or its agents who are to perform the work may enter upon the property on which the public nuisance exists at all reasonable times for the purpose of abating the nuisance.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-43.2. - Abatement; immediate threat to health or safety.

Regardless of the notice and hearing provisions contained herein, if it appears to the county that a public nuisance represents an immediate threat or danger to the public health or safety, the county may abate the public nuisance to the extent necessary to eliminate such threat or danger to the public health or safety without following the notice and hearing requirements set forth in this nuisance abatement ordinance.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-44. - Accounting.

Any county department which abates a public nuisance pursuant to the nuisance abatement ordinance shall keep an accounting of the cost of each abatement, and shall prepare a report in writing showing the cost of each abatement and the applicable cost of administration. If property under more than one ownership has been included in an overall abatement project, the account shall show separately the abatement and administrative costs for the property owned by each owner. The county shall mail a copy of the accounting, and a notice explaining the owner's right to appeal the accounting to the board as provided in section 14-42.1, to the owner of the affected property at the address provided in section 14-41.1, unless the owner has otherwise requested a different address in writing. The determination of the county department on the accounting shall be final unless a timely appeal to the board is requested; failure to timely appeal the accounting determination of the county department to the board is a failure to exhaust administrative remedies.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-44.1. - Appeal on accounting: notice.

The owner of the affected property may appeal for a modification of the accounting to the board. Any appeal to the board shall be in writing and shall be filed with the clerk of the board within ten calendar days after mailing of the notice and accounting. An appeal shall specifically set forth the grounds of the appeal. At the time of filing the appeal, the appellant shall pay a fee adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the board of supervisors. The clerk of the board shall mail notice to the appellant of the date, time and place that the board will meet to hear the appeal, which date shall be not less than five calendar days after the date of mailing the notice.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-44.2. - Hearing on appeal of accounting.

(a)

At a time fixed by the clerk of the board, the board shall meet to review the appeal on the accounting. The owner may appear and be heard on the questions whether the accounting and the costs included are accurate and reasonable.

(b)

The report of the accounting shall be admitted into evidence and shall be prima facie evidence of the costs reported therein. The owner shall bear the burden of proving that the accounting is not accurate or reasonable.

(c)

The hearing shall be conducted in the manner prescribed in subsection (c) of section 14-42

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-44.3. - Modifications.

The board shall make such modifications in the accounting as it deems necessary based on the evidence at the hearing and thereafter shall confirm the accounting by resolution or minute order. The decision of the board shall be final.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-45. - Collection of cost of abatement and special assessment lien.

The owner of the property shall be liable for the cost of the abatement, including the cost of administration, as so determined.

(1)

Unless paid within 30 days after billing, such costs shall be placed upon the county tax roll by the county auditor as special assessments against the property, or placed on the unsecured roll, and collected at the same time and in the same manner as ordinary county taxes are collected pursuant to Government Code Section 25845.

(2)

A notice of abatement lien may also be recorded as to any applicable property until such costs have been paid in full.

(3)

Such costs may also become a condition precedent to the issuance of any and all pending or future permits or entitlements for use requested from the county by any person found responsible for the payment of such costs.

(4)

Such costs are a debt owed to the county and may also be collected in the same manner as any other debt as provided by law or in equity.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-46. - Second or subsequent abatement: treble damages.

As authorized by Government Code Section 25845.5, upon a second or subsequent determination within a two-year period that an owner of property is responsible for a condition that may be abated in accordance with the nuisance abatement ordinance, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the owner shall be liable for treble the costs of the abatement.

(Ord. No. 608, § 2, 3-5-02)

Sec. 14-47. - Remedies are cumulative

All remedies provided in this division are intended to be cumulative, rather than exclusive, with any other remedies provided in law or in equity for the abatement of nuisances or the collection or securing the costs of abatement and the applicable cost of administration. Whenever the building official, zoning administrator, health officer, fire chief, sheriff, or other such county official as may be designated by the board of supervisors, determines that any building, structure, or premises within the unincorporated territory of the county is being maintained in violation of the provisions of this article, he or she may, as an alternative to enforcement as listed above or in addition to such enforcement, initiate civil abatement or criminal proceedings as described in Division 3 of this article.

(Ord. No. 608, § 2, 3-5-02)