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HomeMy WebLinkAboutMINUTES - 11081988 - 1.64 fiA To. BOARD OF SI P£RVISORS FROM: Victor J. es man, County Counsel (C Itra Cx)st t DATE: November 2 , 1988 Ca.* SUBJECT: Ordinance Adopting Uniform Nuisance Abatement Procedure; Ordinance Establishing Residential Property Nuisances ; draft legislation on cost recovery SPECIFIC REQUESTS) OR F I iECa4MENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. Introduce and waive reading of ordinance, entitled An Ordinance Adding and Amending Sections of the County Ordinance Code to Establish a Uniform Abatement Procedure for Public Nuisances, aid set November 29 , 1988 for adoption; 2 . Introduce and waive reading of ordinance, entitled Residential Property and Litter Nuisances, and set November 29 , 11988 for adoption; 3. Receive draft legislation to authorize a judge to require a person found guilty of a County Ordinance abatable as a nuisance to pay the County' s prosecution costs . Approve inclusion in 1989 County Legislative Program. BACKGROUND: Pursuant to a Board Order dated July 12 , 1988 (copy attached) , the Board requested that the County Counsel ' s Office: 1. Prepare a uniform procedure for abating any violations of the County Ordinance Code; 2. Prepare an ordinance providing that certain conditions be declared residential property nuisances ( "ugly ordinance" ) and; 3 . Draft legislation which would allow a court to authorize the County to recover its costs when the county successfully prosecutes a violation of a nuisance. Nuisance Abatement Procedure ' Pursuant to the Board' s request, attached hereto as Exhibit A is a draft of an ordinance which establishes a uniform public nuisance abatement procedure. This ordinance has been reviewed by the Health Sorvices Department, Community Development Department, Building Inspection Department, Sheriff-Coroner , Treasurer-Tax Collector, Auditor-Controller and the Public Works Department. .F/CONTINUED ON ATTACHMENT; �_ YES SIGNATURE; la� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO RO COMMITTEE APPROVE OTHER SIGNATURE S : ACTION OF BOARD ON AF PROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT N ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: County Administrator Health Services ATTESTED NOV 8 1988 Community Development Building Inspection PHIL BATCHELOR, CLERK OF THE BOARD OF Sheriff-Coroner PUb11C Works Treasurer-Tax SUPERVISORS AND COUNTY ADMINISTRATOR Collector Auditor-Controller BY �� 0"` ,DEPUTY M382/7-83 - . l THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 12, 1988 by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder NOES: None County Counsel ABSENT: None J U L 15 1988 ABSTAIN: None Martinez, CA 945)Z- SUBJECT: Nuisance Abatement The Board received the attached report dated June 27, 1988 from the Internal Operations Committee (Supervisors McPeak and Torlakson) recommending certain actions relating to nuisance abatement. Charlotte Rude, 2727 Rollingwood Drive, San Pablo, on behalf of the Roilingwood Improvement Association, urged the Board to take action to assist homeowners in cleaning up neighborhoods. John Maloney, Crockett, urged the Board to adopt an ordinance to help" resolve the problem. Supervisor Torlakson recommended that the proposed ordinance also in wood debris and yard and tree clippings, and weeds above 18 inches which, while not a fire hazard, are unsightly. Supervisor Schroder commented on the numerous real estate development signs along County roadways, and recommended that the Internal Operations Committee review the feasibility of including such signs in the ordinance. Board Imembers being in agreement, IT IS ORDERED that the recommendations contained in the attached Internal Operations Committee report are APPROVED as amended to add the following to Recommendation No. 2: E. Construction and wood debris, and yard and tree clippings; and F. heeds over 18 inches which do not constitute a fire hazard but are unsightly. . IT IS FURTHER ORDERED that the issue of real estate signs along roadways in the County is REFERRED to the Internal Operations Committee for review. 1 hereby certify that this Is a true and correct copy of cc: County Administrator nn action taken and entered on the minutes of the County Counsel Board of Supervi cYs on the dare shown. Sheriff ZA Community Development Director n�`�TD' r-!-'!L HEE R, Clerk of the hoard Building Inspector of:.uperviscrs and County Administrator Health Services Director By , Deputy map--- , _ K)r,_�-BOARD OF SUPERV. RS I .O. 3 INTERNAL OPERATIONS COMMITTEE C ra C June 27 , 1988 ;owrE Uniform Procedures for Abating Nuisances SUBJECT: MCIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Request County Counsel to prepare a uniform general procedure f�or abating any violation of the County Ordinance Code and return the Ordinance amendment to the Board for further consideration. 2 . Request Count y Counsel to prepare and return to the Board an Ordinance which defines as a nuisance the following conditions when they occur on residential property: A. Attractive nuisances dangerous to children and visible from a public street, including abandoned, broken, or neglected equipment, machinery, refrigerators and freezers, hazardous pools, ponds and excavations. B. Broker or discarded furniture, household equipment and furnishings or shopping carts stored on the property for unreasonable periods and visible from a public street.. C. Garbage or trash cans which are visible from a public street and are. left out for more than 36 hours. D. Boats) trailers, vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair for an unreasonable period of time in front yards, sideyards, driveways, sidewalks or walkways and are visible from a public street. Exclude from this provision boats, trailers and recreational vehicles which are simply beingi stored on private property, even if visible from a public street. 3 . Request County Counsel to draft legislation which would allow a court to authorize the County to recover its costs when the County successfully prosecutes a criminal violation of any of the prohibited conditions which constitute a nuisance. County Counsel should forward this language to the County Administrator for inclusion in the County's 1989 Legislative Program. CONTINUED ON ATTACHMENT: YES SIGNATURE: _VV RECOMMEND^ ION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE SIC,NATURE(S1: Sunne W. McPeak Tom Torlakson TION OF BOARD ON July 1988 APPROVED AS RECOMMENDED X OTHER _ VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: LADES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: iABSTAIN' PERVISORS ON THE DATE SHOWN. County Administrator CC: County Counsel ATTESTED Sheriff-Coroner ' PHIL BATC R, CLERK OF THE BOARD OF Director, Community Development SUPERVISORS A OUNTY•ADMINISTRATOR Building Inspector Health Services Director IA382/7-83 BY TY Page 2 4 . Remove both items as referrals to our Committee. BACKGROUND: On February 9, 1988, the Board referred to our Committee a recommendation from Supervisor Torlakson that the County consider adoption of an ordinance similar to the San Leandro "neighborhood preservation ordinance" , which defines a variety of conditions as nuisances when they occur on residential property and are visible from the street. On March 15 , 1988 , the Board referred to our Committee a recommendation f tom Supervisor Torlakson that the County consider the feasibility of adopting an Ordinance that would provide for a mechanism whereby nuisance abatement costs for zoning violations could be levied as special assessments against the real property involved. On June 27 , 1988 , our Committee reviewed a March 9, 1988 memo from County Counsel which reviewed the San Leandro ordinance. A copy of this memo is attached to our report. We have agreed that some of the factual situations outlined in the San Leandro ordinance are also problems in this County and should be defined as nuisances ( see recommendation 2 above) . On June 27, 1988 , our Committee also reviewed a March 22, 1988 memo from County Counsel indicating that San Diego County has enacted a uniform abatement procedure for public nuisance elimination. Currently, the County has different procedures for abating different types of violations. County Counsel proposes to prepare an ordinance providing for such a uniform abatement procedure in this County and then repeal conflicting provisions of the Ordinance Code as various sections are revised from time to time. Finally, our Committee believes it would be useful to have statutory authority for courts to allow the County to recover its costs when the County successfully - prosecutes a criminal violation of any of the nuisance provisions of the Ordinance Code. Currently, a defendant who is convicted of a criminal violation of the Ordinance Code typically has a modest fine imposed. The County is left paying for all of the costs of prosecuting the case. The fine frequently is not large enough to convince the defendant not to violate the same provisions of the Ordinance Code again, requiring the County to start the whole process over again. ORDINANCE NO. 88- (An Ordinance Adding and Amending Sections of the County Ordinance Code to Establish a Uniform Abatement Procedure for Public Nuisances) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from -the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I. SUMMARY. . This ordinance amends County Ordinance Code Chapter 14-6 to add a uniform procedure for the abatement of public nuisances, repeals certain conflicting nuisance abatement procedures, and amends other provisions in the Code to provide for the use of the uniform public nuisance abatement procedure in specified situations . SECTION II . Chapter 14-6 of the County Ordinance Code is amended in its enti ety, to read: CHAPTER 14-6 CIVIL ENFORCEMENT Article 14-6 . 2 General 14-6 . 202 General. In addition to the penalties provided by this Code, 'this Code may be enforced by civil action,- directly against the act, omission or condition, or for damages therefor, for collection of penalties, fines, deposits, forfeitures, etc. , or by other .civil proceedings . (Ords . 88- §2, 70-36 S l:prior code S 1203. ) 14-6 . 204 Nuisances . Any condition existing in violation of this Code is a public nuisance, and may be abated in a civil action, summarily or. otherwise by the county. (Ords . 88- § 2; 70-36 S l :prior code S 1203 . ) Article 14-6 .4 Uniform Public Nuisances Abatement Procedure 14-6 .402 Uniform procedure. This article shall be known and may be cited as the "Uniform Public Nuisance Abatement Procedure. It is enacted pursuant to Government Code Section 25845 and is intended to be an alternative procedure for the abatement of any violation of this Code which violation is declared to be a public nuisance. (Ord. 88- § 2 . ) 14-6 .404 Definition. The term "county abatement officer" means the county officer responsible for enforcing the County Ordinance Code provision being violated, which violation has been declared to be a public nuisance. (Ord. 88- 2. ) 14-6 .406 Summary abatement. Nothing in this article prohibits the summary abatement of a nuisance upon order of the board or upon order of any other county officer authorized by law to summarily abate nuisances, if the board or officer determines that the nuisance constitutes an immediate threat to public health and safety. In the event a public nuisance is summarily abated, the county abatement officer shallnevertheless keep an account of the cost of abatement and bill the property owner therefor. If thebill ij not paid within fifteen (15) days from the date of mailing, the county abatement officer may proceed to obtain a I special assessment and lien against the owner's property in accordance with the procedures set forth in this article, except that, in addition to a review of the costs of abatement, the board shall also hear and determine any issues relative to the necessity for the abatement or- the manner in which the property was declared to be a public nuisance and summarily abated. (Ord. 88- S 2 . ) 14-6 .408 Scope. Whenever a public nuisance is declared, it may be abated in accordance with the procedures provided in this article. The procedures set forth in this article are not exclusive but are cumulative to all other civil and criminal remedies provided by , law. The seeking of other remedies shall not preclude the simultaneous commencement of proceedings pursuant to this article. (Ord. 88- 2 . ) 14-6 .410 Nuisance. declared. A county abatement officer may declare a public nuisance for any reason specified in this Code. Once a public nuisance is declared, the county abatement officer shall issue a Notice and Order to Abate substantially in the following form: NOTICE AND ORDER TO ABATE NOTICE IS HEREBY GIVEN that (specify the condition constituting the nuisance I is in violation of Section of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by the (county abatement officer) and must be abated immediately. The public nuisance is on property located at _(insert address or other legal property description) . I YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (insert 10 (days) or other reasonable period) consecutive calendar days from the issuance of this order. The issuance date is specified below. You maty abate the nuisance by (insert desired action which, lif taken, will adequately remedy the situation) .If you fail to abate the public nuisance within the number of days specified, the county may order its abatement by public employees, private contractor, or other means . The cost of said abatement, if not .paid, maybe levied and assessed against the property as a special assessment lien and may be collected at the same time- and in the same manner as ordinary county taxes are collected, subject to the same penalties, procedures and sale in case of delinquency. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be brought prior to the expiration of they number of days specified above for completion' of abatement. The appeal must be in writing; specify the reasons for the• appeal; contain your name, :address and telephone number; be accompanied by an appeal fee of dollars ($ ) ; and be submitted to the Clerk of the Board of Supervisors at the following address: -2- ORDINANCE NO. 88- Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street, 1st Floor Martinez, CA 94553 One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompalnying fee, or waiver, the Clerk of the Board will cause the matter to be set for hearing before the Board o!f Supervisors 'and notify you of the date and location of the hearing. If you have any questions regarding this matter, you may direct them to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DATE: . (Name, title, address and telephone number of the county abatement officer issuing this notice. ) (Ord. 88- § 2 . ) 14-6 .412 Service of notice and order to abate. The Notice and Order to Abate shall be served in the following manner: (a) By certified mail, addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known, and addressed to anyone known to the county abatement officer to be in possession of the property at the street address of the property being abated. Service shall be deemed to have been completed upon the deposit of said Notice and Order, postage pre-paid, in the United States mail; and, (b) By posting, within one day of the date of mailing, such Notice and Order to Abate conspicuously in front of the property on which, or in front of which, the nuisance exists, or if. the i property has no frontage, upon the portion, of the property nearest to a street, highway, or road, or most . likely to give actual notice to the. owner and any person known by the county abatement officer to be in possession of the property- (Ord. roperty.(Ord. 8 8-� 14-6 .414 Appeal procedure.. Any owner or other person in possession 'of the property may appeal to the board within the number of days allowed in the Notice and Order to Abate. The appeal shalll be submitted in writing, specify the grounds upon which the appeal is taken, contain the name, address and telephone number of the appellant, be accompanied by the payment of an appeal fee and be filed with the clerk of the board. Upon the filling of a timely and complete appeal and payment of the appeal fee or submission of an application for a fee waiver pursuant to section 14-6 .416, further abatement action shall be stayed until the appeal is acted upon. The clerk of the board shall set the matter for hearing before the board and notify the parties in writing of the date and location of the hearing, at least ten (10) days prior to said date. (Ord. 88- 2• ) 14-6.416 _Appeal fee: Determination of amount/waiver of Payment/refund. The amount of the appeal fee shall be determined periodically by the board based upon the costs incurred by the county in Processing appeals pursuant to this article. The calculation shall include all costs of the county abatement officer, the clerk of the board, and any other county department -3- ORDINANCE NO. 88- ��111f D 0� p which is involved in the processing of appeals, but shall exclude actual costs for any work of abatement. If the appellant claims an economic hardship in paying the appeal fee, he or she may submit an application for waiver of the appeal fee on forms provided by the clerk of the board for that purpose. The forms shall be substantially similar to- those required of litigants initiating court proceedings in forma pauperis pursuant to Section 68511 . 3 of the Government Code. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information 1contained therein. Upon submittal of the completed forms, the appeal fee shall be waived. Upon filing a timely and complete appeal and for good cause shown, the clerk of the board may grant the appellant a period of time beyond expiration of the appeal period in which to complete and submit the waiver forms . In no event shall the additional time exceed three work days . Failure to submit the waiver forms or pay the appeal fee in a timely manner shall cause the appeal request to be automatically denied. Enforcement of the order to abate may then proceed as J' f no appeal request had been submitted. If the appeal fee is paid and .the board finds there is no public nuisance, the appeal fee shall- be refunded to the appellant without the payment of any interest which could have accrued. (Ord. 88- § 2 . ) 14-6 .4118 Hearing procedure. The hearing before the board shall be conducted in accordance with the following procedures: (a) The appellant shall have these rights: to be represented by legal counsel; to call and examine witnesses; to introduce exhibits; and to cross-examine opposing witnesses through the, chair on any matter relevant to the issues . If the appellant does not testify on his or her own behalf, he or she may be called and examined as if under cross-examination. (b) The hearing need not be conductedaccording to technical rules relating to evidence and witnesses . Any relevant evidence stall be admitted if itis the sort of evidence on which responsible 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 any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions . The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. (c) he hearing shall be conducted in the English language. The proponent of any testimony to .be offered bya witness who does not proficiently speak the English language shall provide an interpreter, approved by the board as proficient in the English language and the language .in which the witness will testify, to serve as interpreter during the hearing. The cost of the interpreter shall be paid by the party providing the interpreter. The board may compile and publish a list of interpreters known to i be proficient in various languages . -4- ORDINANCE NO. 88- (d) A party may have the hearing stenographically reported at said party's expense. Oral evidence may be taken under oath if requested by a party. (e) The hearing may be continued from time to time upon request of al party to the hearing and upon a showing of good cause therefor. (Ord. 88- � § 2 . ) 14-6 . 420 Decision. At the conclusion of the hearing, the board shall reverse, modify or affirm the determinations of the county abatement officer and may direct the county abatement officer to proceed and perform the -work of abatement if not performed by the owner 'or the person in possession of the property within a prescribed period of time. The decision shall be in writing, contain necessary findings, and be filed with the clerk of the board following the conclusion of the hearing. A copy of the decision shall be sent to each party appearing at the hearing, and if no appearance was made by the appellant, to him or her by mail, at the address specified in the appeal. The decision of the board shall be final when filed with the clerk of the board. The county. abatement officer shall be responsible for preparing, mailing and filing the decision. (Ord. 88- § 2 . ) 14-6 .422 Time for compliance. If the board decides that the Order to Abate should be enforced, the owner or person in possession of the property shall comply with the order within such period of time as may be prescribed, and in the absence of any prescribed time, within thirty (30) days from the date of mailing of the final decision. The prescribed period of time shall commence on the date of mailing of the final decision. (Ord. 88- § 2 . ) 14-6 .424 Limitation of action. Any court action or proceeding to attack, review, set aside, void or annul the board's decision pursuant to § 14-6 .420 shall be commenced within thirty (30)1calendar• days. of mailing of the decision. Thereafter all personsl are barred from commencing any such action or proceeding and from asserting any defense of invalidity or unreasonableness of such decision, proceeding, actor determination. (Ord. 88- � S 2. ) j 14-6 . 426 _Noncompliance. Upon the failure, neglect or refusal to properly comply with the Order to Abate within the prescribed time period, the county abatement officer may cause to be done whatever work is necessary to abate the public nuisance. An account of the cost of abatement shall be kept for each separate assessor's parcel involved in the abatement. When the County has completed the work of abatement, or has paid for such work, �the actual cost thereof, together with any administrative cost, including reasonable attorneys' fees, shall be charged to the owner of the property. To this amount shall be added the appeal fee if it had been waived pursuant to Section 14-6 . 416 . The combined amounts shall be included in a bill and sent by mail to the owner, if not paid prior thereto. The bill shall inform the owner that failure to pay the bill within fifteen (15) calendar days from the date of mailing may result in a lien upon the property. (Ord. 88- § 2. ) 14-6 .1428 Report and notice of hearing. If the bill is not paid within fifteen ( 15 ) days from the date of mailing, the -5- ORDINANCE NO. 88- ° M�1.0 0� a county abate ent officer shall render an itemized report in writing to the clerk of the board for submittal to the board for hearing and confirmation. The report shall include, at a minimum, the names and addresses of the possessor of the property and all persons having any record interest in the property (including bit not limited to, holders of mortgages or deeds of trust) , the date upon which the abatement of the nuisance was ordered, the date the abatement was complete, a description of the real property subject to the lien, and the amount of the abatement cost. At least ten (10) days prior to said hearing, the clerk oflthe board shall give notice, by certified mail, of said hearing to all persons named in the county abatement . officer' s report. Said notice shall be prepared by the county abatement officer and shall describe the property by assessor's parcel number and street number or some other description sufficient t,o enable identification of the property and contain a statement of the amount of. the proposed assessment. (Ord. 88- 1 S 2. ) 14-6 . 4310 Hearing 'on report. At the time fixed for receiving and considering the report, the board shall hear it and any objections of any of the owners liable to be assessed for the work of abatement or any other persons who may have a legal interest in the property. The board may add to the proposed assessment an amount equal to the cost of conducting the assessment confirmation hearing. The board may also make such other modifications in the report as it deems necessary, after which, the board may order the report confirmed. The order and modified report shall be filed with the clerk of the board, and as filed shall be final and conclusive. (Ord. 88- S 2. ) 14-6 .432 Cost as special assessment and lien. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against such property and are a lien ©n the property for the amount of the respective assessment. In addition to its rights to impose said special assessment, the County shall retain the alternative right to recover its costs by wady of civil action against the owner and person in possession or control jointly and severally. (Ord. 88- S 2 . ) 14-6 .434 Notice of assessment and abatement lien. The county abate ent officer shall record at the office of the county recorder, and deliver to the auditor-controller, a 'certificate substantially in the. following form: "NOTICE OF ,ASSESSMENT AND ,ABATEMENT LIEN (Public Nuisance Abatement) Pursuant to Government Code section 25845 and Ordinance Code Article 146 .4, Contra Costa County abated a public nuisance on the parcel of real property described below, of which the named is person(s ) the owner of record or possessor, and fixed the below-shown amount as the cost thereof and thereby claims- a special assessment against said property for .this amount. 1 . RECORD OWNER(S,) : . . . . . . . . . . . . . . . LAST KNOWN ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . POSSESSORS) (if different from owner) : . . . . . . . . . . LAST KNOWN ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. DATE ABATEMENT ORDERED: . . . . . . . . . . . . . . . . . . ... . . . . . 4 . DATE ABATEMENT� COMPLETED: . . . ... . . . . . . . . . . . . . . . . . . . -6- ORDINANCE NO. 88- 5 . PARCEL: Real property in Contra Costa County, California: County Assessor's parcel #: . • • . • . . . . . . • . . . . • • • (other description where needed] . . . . . . . . . . . . . . . . 6 . AMOUNT OF ABATEMENT (ASSESSMENT) COST: . . . . . . . . . . . Dated: . . . . . . . . . Contra Costa County By: . . . . . . . . . . . . . . . . . . County Abatement Officer" (Ord. 88- I §2 . ) 14-6 .4316 Manner of- collection; law applicable. Thereafter, the amounts of the assessment shall. be collected at the same time and in the same manner as County taxes are collected, and are subject to the same penalties and the same procedure and sale in case of deli Inquency as provided for ordinary County taxes . All laws applicable to the levy, collection and enforcement of County taxes are applicable to such assessments, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or a lien of a bona fide encumbrancer for value has been created and attaches thereon prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed shall not attach to such real property and the cost of abatement and the cost of enforcing the abatement as confirmed, relating tolsuch property, shall be transferred to the unsecured roll for collection. . (Ord. 88- § 2 . ) 14-6 . 438 Release and subordination. An abatement lien created under this article may be released or subordinated by the county abatement officer in the same manner as a judgment lien on real property may be released or subordinated. (Ord. 88-� § 2 . ) 14-6 .440 Violations . It shall be unlawful for any person to interfere with the performance of the duties herein specified for the county abatement officer or any authorized officer or employee thereof, or to refuse to allow any such officer or employee or approved private contractor, to enter upon any premises for the purpose of abating the public nuisance or to interfere in any manner whatever with said officers or employees in the work of abatement. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor unless, in the discretion of the prosecutor, it is charged as an infraction. (Ord. 88- 2 . ) SECTION III . Section 414-4 . 1007 of the County Ordinance Code is amended toread: 414-4 . 1007 Enforcement. - Nuisance abatement. Any installation made or condition existing in violation of this chapter Wof standards or regulations established under Section 414-4 . 10is declared to be a public nuisance, and in addition to any other remedy available under the law, its maintenance, operation or existence may be abated pursuant to Article 14-6 .4 . (Ords . 88- � §3, 81-56 § 1 . ) SECTION IVTSection 416-14 . 212 of the County Ordinance Code is amended to read: -7- ORDINANCE NO. 88- Kn.� 110 416-14 . 212 Nuisance Abatement. Any condition existing in violation of this chapter is a public nuisance, and in addition to any other remedy available under the law, may. be abated in accordance with the procedures in Article 14-6 .4 . (Ords . 88- § 4, 88-20 § 2. ) SECTION V. Article 416=14 . 4 is repealed. (Ords . 88- S5, 88-20- §2 . ) SECTION VI . I Section 418-4 . 018, of the County Ordinance Code. is amended to read: 418-4 . 018 Inspection. The county health officer is designated as the enforcement officer for assuring compliance with the permit. Authorized inspectors from the department shall have the right at all reasonable times to inspect. the premises . (Ords . 88- § 6, 1459 : prior code § 4528. ) SECTION VII Section 418-4 .022 of .the County Ordinance Code is amended to read: 418-4 . 22 Nuisance abatement.. Any condition existing in violation of this chapter or any permit issued in whole or in part pursuant to this chapter is declared to be a public nuisance, and in addition to any other remedy available under the law,- may be abated pursuant to Article 14-6 .4 . In addition to the collection remedies in Article 14-6.4, the costs of abatement may be charged against the bond. (Ords . 88- §7, 1459 : prior code §4531 . ) SECTION VIII . Section 418-6 . 040 of the County Ordinance Code is amended, to provide that' the Auditor-Controller, and the Tax Collectorbe notified of the assessment, to read: 418-6 . 40 Lien and collection. If the abatement cost (administrative and collection costs) for the proposed subscription period, which is charged against the persons and owner(s) ofla parcel of land pursuant to this chapter, is not paid within thirty days after the date of the health officer's order or the final disposition of .an appeal therefrom, such cost shall be assessed as a special assessment against the parcel of land pursuant to Government Code section 25845, which cost shall be transmitlted to the auditor-controller and tax collector, and the auditor-controller shall enter the amount of the assessment against the parcel• of land as it appears on the current assessment roll . The tax collector shall include the amount of the assessment on the bill for taxes levied against said parcel of land. (Ords . 88- §8, 85-12 §2 (part) . ) SECTION IX. Section 418-6 .042 of the County Ordinance Code is amended, to modify the form of the .notice of special assessment and to provide that the notice of special assessment- be recorded and delivered to the auditor-controller, to read: 418-6 .042 Special assessment notice. The health officer shall record at the office of the county recorder and deliver to the auditor-controller, a certificate substantially in the following form: "NOTICE OF SPECIAL ASSESSMENT (Mandatory Solid Waste , Collection :Service Cost) • -8- ORDINANCE NO. 88- � �,° P7 Pursuant to Government Code § 25845 and Ordinance Code Chapter 418-6, Contra Costa County abated a solid waste nuisance (§ 418-6 . 010) on the parcel of real property described below, of which the named person(s) is the possessor(s ) or owner(s) shown on the current assessment roll, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment against said parcel for this amount. 1 . RECORD OWNER(S) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LAST KNOWN ADDRESS: . . . . . . . . . . 2 . POSSESSOR(S) if different from owner) : . . . . . . . . . . . LAST KNOWN ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. DATE ABATEMENT, ORDERED: . . . . . . . . . . . . . . . . : . . . . . . 4 . DATE ABATEMENT COMPLETED: . . . . . . . 5 . PARCEL: Real property in Contra Costa County, California: County's Assessor's parcel #: . . . . . . . . . . . . [Other description where needed] : . . . . . . . . . . . . . . . . . . . . . 6 . AMOUNT OF ABATEMENT (ASSESSMENT) COST: $ . . . . . . . . . . Dated: Contra Costa County By: . . . . . . . . . . . . . . (health officer) " (Ords . 88- § 9, 85-12 §2 . ) SECTION X. (Section 420-6 . 311 of the County Ordinance Code is amended to read: 420-6. 311 Nuisance Abatement. (a) Abatement. Any installation made or condition existing in violation of this chapter is declared to be a public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6 .4 . (b) Emergency abatement. If the health officer finds that a violation has created an emergency condition endangering the public health, he may abate the condition in accordance with .Article 14-6 .4 without giving notice. (Ords . 88- §10, 81-30 §- :1 . ) SECTION XI . Section. 430-12. 002 of the County Ordinance Code is amended, to provide for' the auditor-controller and the tax collector to be notified of the assessment, to read: 430-12 . 002 Collection. If the abatement (administrative and removal costs) which is charged against the owner of a parcel of land pursuant to Sections 430-8. 004, 430-8 . 010 and. 430-8. 014 is not paid within thirty days after the completed abatement, the date of the order or the final disposition of an appeal therefrom, such cost shall be, and is assessed as a special assessment against the. parcel of- land pursuant to Government Code Section 25845, which- shall be transmitted to the auditor- controller and the county tax collector for collection with the same priority as other county taxes and to the office of the county recorder for recordation. (Ords . 88-T §11, 86-58 §3, 77-112 . ) SECTION XIII . Section 430-12.004. of the County Ordinance Code is amended, to provide that the notice of assessment shall be delivered to the auditor-controller, to read: 430-12 . 004 Notice of Assessment. The director of building inspection shall record at the office of the county recorder and -9- ORDINANCE NO. 88 O�� W ,a deliver to the auditor-controller, a certificate substantially in the following form: 'NOTICE OF ASSESSMENT AND ABATEMENT LIEN (Abandoned Vehicle Abatement Cost) Pursuant to Vehicle Code S 22660, Government Code S 25845, and Ordinance Code S 430-12.002, Contra, Costa County abated an abandoned vehicle nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the last equalized assessment roll, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment against said parcel for this amount. 1 . RECORD OWNER(S) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LAST KNOWN ADDRESS: . . . . . . . 2 . POSSESSOR(S) (if different from owner) : . . . . . . . . . . LASTKNOWN ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . DATE ABATEMENT ORDERED: . . . . . . . . . . . . . . . . . . . . . . . . . 4 . DATE ABATEMENT COMPLETED: . . . . . . . . . . . . . . . . . . . 5 . PARCEL: Real property in Contra Costa County. California: County Assessor's parcel #: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Other description where needed] : . . . . . . . . . . . . . . . 6 . AMOUNT OF ABATEMENT (ASSESSMENT) COST: $ . . . . . . . . . Dated: . . . . . . . . . . . . . . . Contra Costa County By. . . . . . . . . . . . . . . . . . . . . Director of Building Inspection (Ords . 88-_ X12, 86-58 S 3, 77-112. ) SECTION XIII. Section -78-1 . 307 of the County Ordinance Code is amended to read: 78-1 . 307 Dangerous and insanitary construction. (a) Nuisance. Any portion of a plumbing system found by .the 'building inspector to be insanitary as defined in this division is declared to be a nuisance. (b) Investigated Order. Whenever it is brought to the attention of any county official having jurisdiction that any insanitary conditions exist or that .any construction or work regulated by this division is dangerous, unsafe, insanitary, a nuisance ora menace to life, health or property or otherwise in violation of this division, that official may request the building inspector to investigate. If the building inspector determines that the facts warrant such action, he shall order any person using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to repair, alter, change, remove or demolish the same. as the building inspector may consider necessary for the proper protection of life, health or property. In the case of any gas piping or gas appliance, he may order any person supplying gas to such piping or appliance to discontinue supplying gas thereto until such piping or appliance is made safe to life, health or property. Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises in which such condition exists, and shall specify the date or time for compliance with such order. (c) Violation. Refusal, failure or neglect to comply with any such notice or order is a violation of this ordinance code. -10- ORDINANCE NO. 88- (d) Abatement. In addition to any other remedy available under the law, any system declared to be a public nuisance pursuant to subdivision (a) of this section may be abated pursuant to Article 14-6 .4 . (Ords . 88- 1 §13, 74-29 . ) SECTION XIV. Chapter 714-6 of the County Ordinance Code amended in its entirety, to read: CHAPTER 714-6 ENFORCEMENT 714-6 . 002 Alterations and improvements-Completion time. All requiredlalterations and improvements shall be completed within ninety days after the issuance of a permit to move structures . IThe building inspector may extend the time period on submission of written proof by. the holder of the permit that conditions beyond his control make it impossible to complete the required alterations and improvements within the ninety-day period. (Ords . 88-_ §14, 67-8: prior code § 7307 : Ord. 1003 . ) 714-6 . 004 Nuisance abatement. Structures that are not completed according to the submitted plans and specifications within ninety days of the date of issuance of the permit, and any extension of time that may be granted by the building inspector, are declared to be public nuisances, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6 .4 . (Ords . 88- § 14, 67-8: prior code §7308:Ord. 1003. ) 714-6 .006 Penalty. Every violation of this division is declaredbe a misdemeanor, punishable on conviction according to the provilsions set forth in Section 14-8 . 004 . (Ords . 88- §14, 67-8 : prior code § 7309 :Ord. 1003 . ) SECTION XV. Article 716-2. 10 of the County Ordinance Code is amended in its entirety, to read: Article 716-2. 10 Nuisance Abatement 716-2 . 1002 Nuisance abatement. Any excavation or fill which the building official finds is a menace to life, limb or property or adversely affects the safety, use or stability of a public way or drainage way or channel is declared to be a public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6 .4 . (Ords . 88- 1 §15, 69-59 §1. ) SECTION XVI. Section 1010-2. 004 of the County Ordinance Code is amended to ead: 1010-2 . 004 Nuisance Abatement. (a) Abatement. A violation of this division is declared to be a public nuisance and, in addition to any other remedy available under the law, may be abated pursuant to Article 14-6 .4 . (b) E�ergency abatement. If the enforcing officer finds that a violation has created an emergency condition endangering the public health or safety, he may abate the condition pursuant to Article 14-6 . 4 without giving notice. (Ord. 88- 1 § 16: prior code § 7601: Ord. 1447 . ) SECTION XVIII . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be _11- ORDINANCE NO. 88- ��L j 0 LI Q published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board+ of Supervisors and County Administrator By: Deputy Board Chair [SEAL] -12- ORDINANCE NO. 88- MERV V a ORDINANCE NO. 88- (Residential Property and Litter Nuisances) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical . footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. This ordinance adds Division 460 to the County Ordinance Code to define and prohibit the maintenance of specified nuisances on residential property and litter from take- out food establishments. SECTION II. Division 460 is added to the County Ordinance Code to read: DIVISION 460 RESIDENTIAL PROPERTY AND LITTER NUISANCES CHAPTER .460-2. GENERAL 460-2.002 Findings. The Board hereby finds and declares that it is in the public interest, for the preservation of property values, promotion of civic pride,1 and protection of the public health and safety, to establish minimum standards for the maintenance of residential and other real property by prohibiting specified activities, declaring such activities to be public nuisances subject to abatement or enforcement by any lawful means. (Ord. 88- § 2 . ) 460-2.004 Administration. The provisions of this Division shall be administered and enforced by the county administrator and any county employee or other county- official designated by the county administrator to. perform such duty. In the enforcement �of this division, such employees and other persons duly authorized by the county administrator may enter upon private property. (Ord. 88- IS 2. ) CHAPTER 460-4 RESIDENTIAL REAL PROPERTY NUISANCES 460-4 . 002 . Definitions . As used in this chapter, the following terms have the following meanings: (�) "Residential real property" means a lot located in any single family, two family, or multiple family residential district, or in a planned unit district; with a structure intended primarily for residential use located thereon. (�) "Unreasonable period of time" means a period of time unreasonable considering the totality of the circumstances, but -in no event shall a time period shorter than seven (7 ) days be considered unreasonable. (Ord. 88 S 2. ) 460-4 . 004 Residential property nuisance. No person owning, leasing, renting, occupying or having charge or possession of residential real property shall maintain or allow the maintenance of such property in such a manner that any of the following conditions exist thereon visible from a public street: (a) Attractive nuisances dangerous to children, such as abandoned, broken or neglected equipment, machinery, refrigerators or freezers, or unsafe pools, ponds or excavations . ORDINANCE 88- (b) Shopping carts, household equipment or broken or discarded furniture for an unreasonable period of time. (c) Garbage or trash cans for more than thirty-six hours. (d Boats, trailers, vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair for an unreasonable period of time. (e) Construction and wood debris, including cuttings, for an unreasonable period of time. (f) Weeds over eighteen inches in height. (Ord. 88- § 2 . ) 460-4 .006 Nuisance declaration, abatement. Any residential real property maintained in a condition violative of Section 460- 4 . 004 is declared to be a public nuisance. In addition to any other remedy provided by law, such condition may be abated pursuant to Article 14-6 .4 . (Ord. 88- § 2. ) CHAPTER 460-6 TAKE-OUT FOOD LITTER 460-6 . 002 Findings . The board hereby finds that the proliferation of trash, litter and sometimes garbage in neighborhoods located nearby fast food restaurants and other take-out food establishments is unsightly, unhealthy and has a negative effect on property values . Therefore, the board declares that the provisions herein declaring trash, litter and garbage originating from fast food restaurants and other take not establishments to be a public nuisance and requiring abatement of such nuisance, to be in the best interest of the public, for the reasons stated in Section 460-2.002. (Ord. 88- § 2. ) 460 . 6 . 004 Definitions . "Take-out establishment" means and includes any business selling perishable food and/or beverages in disposable containers or wrapping, for consumption off the premises of the take-out establishment. A business falling under the definition of take-out establishment is a take-out establishment for purposes of this chapter even if the take-out business amounts to only a small portion of the business' income or sales activity. The term "take-out establishment" does not include food markets or stores selling food and beverage only in pre-packaged containers or wrapping, or requiring cooking or other preparation prior to consumption. 460-6 . 006 Litter Nuisance. The owner and/or operator of a fast food r' staurant or take-out establishment shall be responsible for the deposit of litter, trash or garbage identifiabl as originating from such restaurant or establishment, on public property within 300 feet of any boundary of the premises on which such restaurant or establishment is located. 460-6 . 008 Nuisance declaration, abatement. Litter, trash or garbage 'Identifiable as originating from a fast-food restaurant or take-out establishment on public property within 300 feet of any boundary of the premises on which such restaurant or establishment is located is hereby declared to be a public nuisance. In addition to any other remedy provided by law, such condition may be abated pursuant to Article 14-6 .4, except that any lien resulting from an abatement shall attach against the real property upon which the fast-food restaurant or take-out establishment is located. ORDINANCE 88- -2- 71771-1117 SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] LTF:da r ORDINANCE 88- -3- D i LEGISLATION County Recovery of Costs Upon Successful Nuisance Prosecution Add Section 25845 . 5 to the Government Code, to read: 25845. 5 . The board of supervisors , by ordinance, may provide that upon entry of a civil or criminal judgment finding that an owner is responsible for a condition which may be abated in accordance with an ordinance enacted pursuant to section 25845, the court shall simultaneously order the owner to pay all reasonable and actual costs of the enforcement agency, including, but not limited to, inspection costs, invest ' gation costs, enforcement costs, attorney' s fees, and all costs of prosecution. Residential Property and Litter Nuisances ( "Ugly Ordinance" ) Attachedas Exhibit B is an ordinance providing that specified activities be prohibited as residential property nuisances ( "ugly ordinance" ) . The following activities on residential p' operty are deemed nuisances under this ordinance. a Attractive nuisances dangerous to children such as ( ) g � abandoned, broken or neglected equipment, machinery, refrigerators or freezers, or unsafe pools , ponds or excavations . (b) Sho ping carts , household equipment or broken or discarded fur' iture left for an unreasonable period of time, (c) Garbage or trash cans left for more than thirty-six hours . (d) Boats, trailers , vehicle parts or other articles of personal property which are abandoned or left in a state of partial construction or repair for an unreasonable period of time. (e) Construction and wood debris , including cuttings, left for an unreasonable period of time. (f) We ds over eighteen inches in height. In addi ion pursuant to the Internal Operations erations Committee' s P recommendation approved by the Board on 11-1-88, this ordinance also provides that litter from fast food restaurants and other take-out establishments within 300 feet of such establishment shall be deeded a public nuisance. It will be the responsibility of the establishment to remove the litter, otherwise the cost of the abatement may be made a lien against the establishment ' s property. Legislation Lastly, attached hereto as Exhibit C is a draft of legislation e have prepared in response to the Board' s request. LTF:cm Attachment -2-