Sec. 4-101. - General provisions.

(a)

On the sheriff's first response to a complaint for a disturbance of the peace, the sheriff or his representative shall warn the responsible individual that the disturbance must cease. For each subsequent meritorious response to the same unabated disturbance/nuisance site, a service fee will be charged to the responsible individual(s).

(b)

The responsible individual(s) may be any or all of the following:

(1)

The property owner;

(2)

The person in control of the property (such as a tenant, if present); and/or

(3)

The host/hostess of the party or similar gathering.

(c)

If any responsible individual is determined to be a minor, the parents or guardian of that minor will be held jointly and severally liable for the service charges.

(d)

Persons making repeated unsubstantiated claims of disturbances or a noise nuisance may be advised that further investigation will not necessarily be made except at the discretion of the department.

(Ord. No. 4606 § 1, 1992: Ord. No. 4585 § 1, 1992: Ord. No. 4575 § 2, 1992.)

Sec. 4-102. - Summary abatement.

The conduct described in Section 4-101 constitutes a public nuisance. The sheriff's department is authorized to summarily abate such nuisance, pursuant to Government Code Section 25845.

(Ord. No. 4606 § 1, 1992: Ord. No. 4585 § 1, 1992: Ord. No. 4575 § 2, 1992.)

Sec. 4-103. - Calculation of fee.

(a)

The following information will be recorded by the sheriff's department and used as the basis for calculating the service fee for each second or subsequent response to a disturbance call:

(1)

Total number of deputies involved;

(2)

Total time expended by each deputy (including report preparation time);

(3)

Any special equipment used at the scene; and

(4)

Any damage to county property or injury to county personnel.

(b)

Labor costs will be charged at the fixed rates established pursuant to an ordinance adopted by the board of supervisors subsequent to a public fee hearing. Other items will be charged based upon actual documented costs.

(c)

When applicable, costs shall also include, but are not limited to, any administrative overhead, salaries, expenses and attorneys' fees incurred by the following departments: public health, planning, county counsel, district attorney, building and public works.

(d)

All charges will be reviewed and approved by a sheriff's lieutenant (or higher level) prior to submission to the responsible individual. The approval authority will ensure that all charges are accurate and reflect an appropriate level of response to the specific incident.

(e)

Invoices for the service fees will be prepared and forwarded by the sheriff to the responsible individual within thirty (30) days of the incident. The sheriff is authorized to maintain an open book account for each responsible individual. Invoices not paid within ninety (90) days will be forwarded to county collections for appropriate action.

(Ord. No. 4606 § 1, 1992: Ord. No. 4585 § 1, 1992: Ord. No. 4575 § 2, 1992.)

Sec. 4-104. - Failure to pay costs.

Costs incurred by the county in abating such nuisances shall be special assessments against the parcels of property where the nuisances are located, and a notice of abatement lien may be recorded for failure to pay the costs.

(Ord. No. 4606 § 1, 1992: Ord. No. 4585 § 1, 1992: Ord. No. 4575 § 2, 1992.)

Sec. 4-105. - Appeal to the sheriff for review.

(a)

The Sonoma County sheriff or his designee, shall, upon application for a review of the costs incurred, notice a hearing to provide responsible parties an opportunity to be heard. The sheriff or his designee shall take testimony and other relevant evidence to determine whether the level of response for which the responsible party is being charged is reasonable and appropriate. Cost adjustments shall be within the sole discretion of the sheriff or his designee and shall be based upon proof that the level of response and/or cost incurred by the sheriff was unreasonable based upon clear and convincing evidence. The findings of the sheriff or his designee shall be final.

(b)

Upon request, the hearing shall be scheduled within ten (10) working days or as soon thereafter as may be reasonable and agreeable to the parties.

(Ord. No. 4606 § 1, 1992: Ord. No. 4585 § 1, 1992.)