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Home My WebLink AboutMINUTES - 02021988 - 2.1 -TO: BOARD OF SUPERVISORSAl FROM: Contra Phil Batchelor Costa Administrator DATE CNnt / January 28, 1988 V1.d1 Ilr SUBJECT: Ordinance to Levy Nuisance Abatement Costs as Special Assessments and Collect with Property Taxes SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & 'BACKGROUND AND JUSTIFICATION RECOMUNDATION: Introduce attached ordinance, waive reading and fix February 9, 1988 for adoption. BACKGROUND: The Board of Supervisors, ;at the request of Supervisor Powers, has referred to this office the question of whether the County has sufficient resources to abate ;accumulations of garbage and collect the costs of collection. Meetings have been held with staff from the Health Services Department and County Counsel' s Office. As are result of these meetings a decision was made that it was necessary to amend County ordinances to provide a means whereby the Health Officer can, after proper notice, abate an accumulation of garbage which is deemed to be a nuisance and attach the abatement costs to the property tax bill for the subject property. All necessary notice, due process and appeal rights have been provided for in the attached ordinance in order to provide the County with a legally, defensible process for abating accumulations of garbage in the unincorporated areas of the County. In view of the ongoing problems with such accumulations of garbage, it is recommended that the Board provide this process for abating public nuisances while protecting the due process right of individuals. i j i i CONTINUED ON -ATTACHMENT' YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER - S I GNATURE(S 1: 6��z �y ACTION OF BOARD ON FPhrlla.ry-2.., 1,QsR ArPROVED AS RECOMMENDED OTHER _ i 4 I +i I VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE. UNANIMOUS (ABSENT 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. County Administrator FEB 2 1988 cc' Health Services Director ATTESTED County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Treasurer-Tax Collector County Clerk - Recorder M382/7-83 BY _,DEPUTY JZ 3 rf ORDINANCE NO. 88- (Rat Control and Recuse Disposal ) 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. Chapter 416-14 of the County Ordinance Code , on rat control, is renumbered in its entirety and amended to add a refuse accumulation nuisance abatement and cost collection procedure. SECTION 11 . Chapter 416-14 of the County Ordinance Code is amended to read: CHAPTER 416-14 RAT CONTROL AND REFUSE DISPOSAL - -------------------- --- ARTICLE 416-14. 2 GENERAL ' 416-14 . 202 Refuse_- Defined. As used in this chapter , ---- --------- "refuse" means all garbage , combustible and noncombustible waste, all putrescib-le solid or concentrated liquid waste, except sewage , originating from household, business , commercial , and industrial activity, and the admixture of sewage effluent or sewage sludge with any of the above . (Ord . 88--__ 52 : prior code S 4300 : Ord. 1444 . ) 416-14 . 204 Refuse - Aceum_ulation prohibited. (a) Every ---------- --------- owner , lessee and occupant of any premises-shall keep the premises free of refuse , nauseous , foul or offensive odors , and/or accumu- lations of filth and/or decaying animal excrement , and upon noti - fication by the health officer shall remove and abate such nuisance within twenty-four hours , except as provided in subsec- tion (b ) . (b) Refuse may be stored on any premises in cans which shall : ( 1) Be of watertight galvanized metal or other material of equivalent quality; ( 2 ) Have not more than a thirty-gallon capacity; ' ( 3) Have two handles adequate for lifting; (4 ) Be covered continuously with a tight-fitting cover with handle except when being filled or emptied; ( 5 ) Be kept clean by the users . Refuse consisting of industrial , horticultural or construction waste , or other accumulations of a size larger than the containers herein specified, may be kept , collected and disposed of by any other means approved by the health officer . (Ords . 88-___S2 , 76-68 §1 : prior code §4301 : Ords . 1444 , 565 , 392 , 310, 112 . ) - 416-14. 206 Refuse_-_D_umping_prohibited. No person shall place ------ refuse on any land in this county except as permitted by county ordinance . (Ord . 88--__ S2 : prior code 54302 : Ord. 1444 . ) 416-14 . 208 Exclusion of rats from structures . Every ---------- --------------------------------- building, dock, wharf ,. and incinerator shall be so constructed and kept in repair as to prevent rats from entering and from being harbored within their walls or beneath their floors . (Ord. 88--__ §2 : prior code §4303 : Ord. 1444 . ) c 416-14 . 210 Right_of_entry_by_health officer . The health officer and-any agent or inspector appointed by him or by the board of supervisors , after announcing the purpose of his visit , shall be permitted to enter any building or premises in this county between nine .a.m. and five p.m. of any day for the purpose of inspection to ascertain whether the provisions of this chap- terhave been complied with . (Ord . 88-___ §2 : prior code §4304 : Ord. 1444. ) 416-14 . 212 Nuisance. Every condition existing in violation hi of ts _article is a nuisance , and in addition to any other remedy available under the law, may be abated in accordance with the pro- cedures in Article 416-14. 4. (Ord . 88- §2 . ) 416_14 . 214 Emergency-abatement . If the health officer finds that a violation has created an emergency condition constituting an ' intnediate threat to public health and safety , he may abate the condition summarily and without notice . (Ord. 88--__52. ) ARTICLE 416-14 .4 Abatement and Cost Collection ----------------------------- 416-14 . 402 Notice of intention to abate nuisance . ---------- ------------------------------------- (a) Notice . The health officer shall serve written notice upon the owner and the occupant of the property on which a nuisance is occurring of the health officer ' s intent to abate such nuisance . The notice shall describe the nature of the violation and nuisance and demand that the condition be abated. (b) Contents . The notice shall contain an estimate of the cost of the abatement ( including administrative costs ) , a state- ment that . this cost may be levied as a special assessment on the owner ' s parcel , and a statement of the owner ' s and occupant ' s hearing rights , including a statement that the involved person may appear in person or submit a sworn written statement . ( c) Mailing notice to owner . The notice to the owner spe- cified in this section shall be deemed served when it is deposited in the United States Post Office with postage prepaid, and addressed to the person (owner ) entitled to notice at his last known place of address as shown on the current assessment roll of the county . If no such address is there shown or known , then to General Delivery , Contra Costa County , California and by posting on the premises . (Ord . 88--__ S2 . ) 416-14 .404 Hearing_reguest . Within ten days after the mailing date of the notice of intention to abate nuisance , the owner or occupant may, in writing , request a hearing before the health officer (hearing officer ) on the quesitons of abatement and costs . (Ord. 88----S2 . ) 416-14 . 406 No Hearing. If the owner or occupant has not ---------- abated the condition, and no request for hearing is received within the 10-day period , the health officer is authorized to abate the condition. Thereafter , the costs of abatement may be collected pursuant to this article. (Ord . 88----S2 . ) 416-14 . 408 Hearing_notice . When a hearing is requested , the hearing-officer shall mail notice of the hearing at least ten days before the hearing date to the involved owner and occupant , if they are not the same person . (Ords . 88--_-§2 . ) -2- ORDINANCE NO. 416-14 . 410 Hearing. All hearings under this article shall be held before a hearing officer who shall receive all evidence he deems material , including the condition of the property, and the estimated cost of abating the condition. The hearing officer shall not be limited to the technical rules of evidence . The involved owner and/or occupant may appear in person or present a sworn written statement in ' time for consideration .at the hearing. (Ord . 88----S2 . ) 416_14. 412 Decision. At the conclusion of the hearing, the hearing officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry' -out the purpose of this chapter . He may delay the time for abate- ment if in his opinion , the circumstances justify it . At the conclusion of the hearing , the hearing officer may find that there is in existence , a situation in violation of this chapter , order said condition abated, and determine the cost of abatement to be charged against the landowner . The order shall include a descrip- tion of the situation to be abated , the names of the owner and occupant , if any , and the parcel involved. The written order of the hearing officer ( including a determination on the costs of abatement ) shall be mailed to the owner and any interested party who made a presenation at the hearing . (Ord . 88-___§2 . ) 416-14 .414 Appeal . The owner and/or any involved person may appeal the hearing officer ' s decision to the board of supervisors by filing with the hearing officer , a written notice of appeal within ten calendar days after his decision . The hearing officer shall promptly transmit the proceedings to the board of super- visors . Upon receipt , the board' s clerk shall promptly give writ- ten notice of the time and place of the hearing to the appellant , the hearing officer and any other involved person . *The board shall promptly hear such appeal , and may affirm, amend or reverse the order or take other action it deems appropriate . It shall not be limited by the technical rules of evidence . (Ord . 88-__.§2 . ) 416-14 . 416 Final abatement action. If the hearing officer finds that the owner and involved person, if any, has maintained or allowed a condition to exist in violation of Article 416-14. 2 , and a timely appeal is not taken from such decision or the hearing officer ' s findings and decision are sustained by the board; the health officer may undertake action to abate the' condition as authorized by the hearing officer or board. (Ord . 88-___ §2 . ) 416-14. 418 Cost record. The health officer shall keep an account of the charges he incurs for each parcel of real property served, including his administrative costs incurred for the abate- ment of nuisances pursuant to this chapter . (Ord . 88----§2 . ) 416-14.420 Administrative expenses . The administrative costs in any abatement proceeding conducted pursuant to * this chapter shall be based upon . the actual expenses incurred by the health officer . However , such costs shall not exceed the estimate in the cost notice (Section 416-14 . 402 ) or the written decision (Section 416-14 . 412 ) , whichever is greater . (Ord . 88-__— §2 . ) 416-14 . 422 Lien and collection. If the abatement cost ( including administrative eostsS which is charged against the owner and occupant , if any , of a 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 and is assessed as a special i assessment against the parcel of land pursuant to Government Code Section 25845, which cost shall be transmitted to the county tax collector for collection with the same priority as other county taxes . (Ord . 88-___ §2 . ) -3- ORDINANCE NO. 416-4 . 424 Notice of assessment and abatement lien . The healTF-oTTTZer sfiaTT-TiTe`wTTE—TTi-e-Ta-x-c-ETTe-e Toe-an-E-Eounty recorder a certificate substantially in the following form. "NOTICE OF ASSESSMENT AND ABATEMENT LIEN" (Refuse Accumulation Nuisance Abatement ) Pursuant to Government Code §25845 and Ordinance Code Chapter 416-4, Contra Costa County abated a refuse accumulation nuisance on the parcel of real property described below, of which the named person(s ) is the owner of record , and fixed the below- shown amount as the cost thereof and hereby claims a special assessment against said parcel for this amount . 1 . OWNER(S) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . ' LAST KNOWN ADDRESS OF OWNER(S) : . . . . . . . . . . . . . . . . . . . . . . . . . 3 . DATE ABATEMENT ORDERED: . . . . . . . . . . 0000 . . . . . . . . . . . . . . . . . 4. DATE ABATEMENT COMPLETED: . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . 5. PARCEL: Real property in Contra Costa County, California: County Assessor ' s parcel # : . . 0 . 0 . 00 . 0 . . . . . . . . . . . . . . . . . . . . . . . . [ other description where needed] . . . . . . . . . . . . . . . . . . . . . . . 6. AMDUNT OF ABATEMENT (ASSESSMENT) COST: $ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dated: . . . . . . . . . . . . . . . . Contra Costa County By : . . . . . . . . . . . . . . . . . . . . . . . . . . (Health Officer ) (Ord . 88---- §2 : Govt .C. S 25845. ) 416-4. 426 Release and subordination. An abatement lien --------- ------------------------- created under this division may be released or subordinated by the county treasurer in the same manner as a judgment lien on real property may be released or subordinated . (Ord . 88---- §2 : Govt .C. S 25845. ) 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 .......................... a newspaper published in this County . PASSED on ---------------, by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor , Clerk of the Board and County Administrator By ----------------------------- ------------------------------- Deputy Board Chair [SEAL] -4- ORDINANCE NO. ____