HomeMy WebLinkAboutMINUTES - 12032002 - D5 THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 3, 2002, by the following Crete:
AYES; Supervisors Uilkema, Gerber, DeSaulnier and Clover
ABSENT= Supervisor Gioia
ABSTAIN: None
SUBJECT: Report from the Count' Adaninistrator regarding comprehensive
community preservation and code enforcement program to address
o�verai, improvement of neighborhoods, including introduction of
ordinances that establish maintenance standards for residential
property, rewire boarding of Vacant buildings, require fencing of
vacant properties; establish administrative fines for code violations.
authorize use of citations for environmental health violations,
prohibit litter at food estabiishments, and authorize the Sheriff to
abate abandoned vehicles from streets, highways and private reads
CONTINUED to Tuesday, December 100, 2002.
l hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board on the
date shown,
+:tte:sted; December 3, 2002
John Sweeten, Clergy or the Board
Of auperuiscrs and County Administrator
Deputy �ierh
TO: BOARD OF SUPERVISORS
Contra
FROM: John Gioia, Supervisor, District 1 t•
p
Federal D. Glover, Supervisor, District 5 °�, � �� Costa
�
DATE: December 3, 2002 County
SUBJECT: Community Preservation Program
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. INTRODUCE Ordinance No. 20.02-46, adding Division 720 to the Ordinance Code, to
establish minimum standards for the maintenance of residential real property and prohibit
nuisance conditions on those properties (Chapter 720-2, former Chapters 470-2 and 470-4),
to require securing and boarding of vacant dwellings and buildings during temporary
periods of vacancy (Chapter 720-4), and to require securing and fencing of vacant
properties to prevent nuisances from reoccurring on the properties (Chapter 720-6);
WAIVE reading; and FIX December 10, 2002 as the date for adoption.
2. DIRECT the County Administrator's Office to work with District 1 and District 5 staff, the
Building Inspection Department, the Community Development Department and County
Counsel to evaluate whether additional ordinances would be feasible components of the
Community Preservation Program.
3. DIRECT the County Administrator's Office and Building Inspection Department to continue
developing the public education component of the Community Preservation Program.
FISCAL IMPACT:
Enforcement costs will depend on the number of ordinance violations. Abatement costs can be
recovered by the County by placing abatement liens on properties where violations occur.
Abatement liens are authorized by the County's nuisance abatement ordinance, article 14-6.4 of the
Ordinance Code.
CONTINUED ON ATTACHMENT: —x YES SIGNATURE:
_.-..—_----_------------._--_-----_-_-----------
RECOMMENDATION OF COUNTYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
-------------------------------------------------------------------------------------------------------------------------------------------------------------------ACTION OF
BOARD ON APPROVE AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFYTHAT THIS IS A TRUE
AND CORRECT COPYOF AN ACTION TAKEN
UNANIMOUS(ABSENT } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT: Carlos Baltodano,3351108 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTYADMINISTRATOR
CC: County Administrator
County Counsel
Building Inspection Department
Community Development Department
Environmental Health Division
Contra Costa Housing Authority
BY ,DEPUTY
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BACKGROUND:
A November 14, 2000 Board Order, authored by Districts 1 and 5, directed the Building Inspection
Director, the County Administrator's Office, the Community Development Director, the Redevelopment
Agency Director, and County Counsel, and requested the Housing Authority, to develop a comprehensive
community preservation program that would address the overall improvement of neighborhoods
throughout the County. Following the Board direction, people from each of those departments, along with
the Environmental Health Director, met frequently to evaluate possible components of the program and to
develop a comprehensive program. Based on input from these meetings and on subsequent direction
from Districts I and 5, the program includes three ordinances and a public education component. If
approved, these ordinances will be located in Title 7 and enforced by the Building Inspection Department
through its code enforcement authority. The three ordinances are a residential property nuisances
ordinance, a boarding ordinance, and a fencing ordinance.
Residential Propel Nuisances Ordinance (Chapter 720-2). This ordinance prohibits various
blight conditions from occurring on property where a residential structure is located. Under this
ordinance, the following nuisance conditions are prohibited on residential property that is visible from a
street, highway, or private road: abandoned, broken or neglected equipment, machinery, refrigerators or
freezers; shopping carts, household equipment, or broken or discarded furniture; garbage or trash cans
for more than 36 hours; boats, trailers, or vehicles parts that are abandoned or left in a state of partial
repair; construction and wood debris; and tall weeds. This ordinance was previously located in Title 4.
Boarding Ordinance (Chapter 720-4). This ordinance requires that vacant structures be properly
secured and boarded during temporary periods of vacancy. Under this ordinance, a properly secured
and boarded structure means that all trash is removed from the interior of the structure and from the
premises, all unsecured doorways and windows are boarded with plywood, utility service is shut off, and
the premises are posted with "Do Not Enter" signs.
A permit is required before the owner of a vacant structure boards the structure. An owner of a
vacant structure must apply for a permit within 30 days after the structure becomes vacant. The owner
must provide certain information on the application for a permit. This information includes the expected
period of vacancy, a maintenance plan, and a plan and timeline for occupying, rehabilitating or
demolishing the vacant structure. An owner must board the structure within 10 days after receiving a
boarding permit. A permit is valid for six months and may be extended under certain circumstances. If
an owner does not comply, the ordinance authorizes the County to board the structure and recover its
costs through abatement liens on the property.
Fencing Ordinance (Chapter 720-6). The fencing ordinance is intended to prohibit reoccurring
nuisances on vacant lots. If a nuisance condition — such as substantial amounts of trash, discarded
vehicles or boats, or abandoned equipment, refrigerators, or freezers — occurs on a vacant lot, the
County directs the owner to clean up the lot within 10 days. If the lot is not cleaned up within that time, or
if another nuisance occurs on the lot within a year after the first notice, the County directs the owner to
clean up the lot and put up a fence within 10 days,
The County can clean up the lot or put up a fence, or both, if the owner does not. If a nuisance
condition occurs later on a fenced lot, the County can clean up the lot. If the fence disappears within two
years after the owner or the County last put up a fence, the County can put up another fence. If the
County puts up a fence or cleans up a lot, the County can recover its costs, including the cost of the
fence, through abatement liens on the property.
Public Education Component. Another component of the community preservation program is
public education; that is, informing the public about the program and its elements. The purpose of
including a public education element is to let the public know that the County will work with its residents to
improve homes and neighborhoods by offering a variety of programs and providing information, but will
take legal steps if people do not meet certain standards. The group has developed a draft version of a
brochure, which is attached to this Board Order.
If directed by the Board, the County Administrator's Office and Building Inspection Department will
continue developing the public education component of the Community Preservation Program. The
County Administrator's Office and Building Inspection Department will finalize the brochure and place this
information on the County's website. The County Administrator's Office and Building Inspection
Department also is considering producing a series of posters in various languages and working with
Contra Costa Television to produce public service announcements.
H,2004o"jUy PmWWWMnw 01ADID.720.burl aftK.Wpd
ORDINANCE NO. 2002 - 46
COMMUNITY PRESERVATION
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 repeals Division 470 of the Ordinance Code and adds
a new Division 720 to establish a Community Preservation ordinance. This ordinance establishes
minimum standards for the maintenance of residential real property and prohibits nuisances on
residential properties (Chapter 720-2, former Chapters 470-2 and 470-4), requires securing and
boarding of vacant dwellings and buildings during temporary periods of vacancy(Chapter 720-4), and
requires securing and fencing of vacant properties to prevent nuisances from reoccurring on the
properties (Chapter 720-6).
SECTION II. Division 470 of the County Ordinance Code is repealed in its entirety.
SECTION III. Division 720 is added to the County Ordinance Code, to read:
DIVISION 720
COMMUNITY PRESERVATION
Chapter 720-2
RESIDENTIAL PROPERTY NUISANCES
720-2.002 Findings. The board finds and declares that it is in the public interest and necessary to
protect public health and safety, promote civic pride, and preserve property values, to establish
minimum standards for the maintenance of residential real property by prohibiting specified activities
and declaring these activities to be public nuisances subject to abatement or enforcement by any lawful
means. (Ords. 2002-46 § 3, 89-49 § 3.)
720-2.004 Definitions. As used in this chapter, the following terms have the following meanings:
(a) "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.
(b) "Unreasonable period of time"means a period of time unreasonable considering the totality of
the circumstances, but in no event will a time period shorter than seven days be considered
unreasonable. (Ords. 2002-46 § 3, 89-49 § 3.)
ORDINANCE NO. 2002 - 46
1
720-2.006 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 the property
in such a manner that any of the following conditions exist on the property and are visible from a.street,
highway, or private road:
(a) Attractive nuisances dangerous to children, such as abandoned, broken or neglected
equipment, machinery, refrigerators or freezers, or unsafe pools,ponds or excavations.
(b) Shopping carts, household equipment or broken or discarded furniture for an unreasonable
period of time.
(c) Garbage or trash cans for more than 36 hours.
(d) Boats,trailers, vehicle parts or other articles of personal property that 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 18 inches in height. (Ords. 2002-46 § 3, 89-49 § 3.)
720-2.008 Nuisance declaration, abatement. Any residential real property maintained in a condition
that violates Section 720-2.006 is declared to be a public nuisance. In addition to any other remedy
provided by law, the condition may be abated pursuant to Article 14-6.4. (Orris. 2002-46 § 3, 89-49
§ 3.)
Chapter 720-4
REGULATION OF VACANT STRUCTURES
Article 720-4.2
General Provisions
720-4.202 Title. This chapter is known as the Vacant Structures Ordinance of Contra Costa County.
(Ord. 2002-46 § 3.)
720-4.204 Findings. The Board of Supervisors finds and declares that vacant structures attract
vagrants, gang members and criminals as prime locations to conduct illegal activities; that vacant and
improperly secured structures are vulnerable to being set on fire by unauthorized persons; that vacant
structures are a blight and cause deterioration and instability in neighborhoods; that vacant structures
invite the dumping of garbage and trash; and that vacant structures pose serious threats to the public's
health and safety and therefore constitute public nuisances. (Ord. 2002-46 § 3.)
ORDINANCE NO. 2002 - 46
2
720-4.206 Purpose. The purpose of this ordinance is to require that vacant dwellings and buildings in
the unincorporated areas of the County are properly secured and boarded during temporary periods of
vacancy pursuant to a permit, and that dwellings and buildings do not remain vacant and unoccupied for
appreciable periods of time. (Ord 2002-46 § 3.)
720-4.208 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) "County Building Official" means the Director of the Building Inspection Department or his or
her designated representative who is authorized and directed to enforce this chapter.
(b) "Owner" means a person, persons, corporation, partnership, limited liability company, or any
other entity holding fee title to the subject real property. If more than one person or entity owns
the subject real property, "owner" refers to each entity holding any portion of the fee interest in
the property, and the owners' obligations in this chapter are joint and several as to each owner.
(c) "Property" includes tracts, lots, easements, or parcels of land and any and all improvements
thereon.
(d) "Vacant Structure" means any building, dwelling, or other structure: (1) that is lacking habitual
presence of persons who have a legal right to be on the premises or at which substantially all
lawful business operations or residential occupancy has ceased;.and(2)whose doors, windows
or other openings are broken or missing, so as to allow uncontrolled access to the interior or
exposure to the elements. (Ord. 2002-46 § 3.)
720-4.210 Application. This chapter applies to all property in the unincorporated areas of the County
where any of the conditions specified in this chapter exist. (Ord. 2002-46 § 3.)
Article 720-4.4
Standards
720-4.402 Duty of Property Owner. Every owner shall maintain property in accordance with the
provisions of this chapter and correct all violations of the standards listed in this chapter, and is liable for
violations of this chapter regardless of any contract or agreement with any third party concerning the
property. (Ord. 2002-46 § 3.)
720-4.404 Duty to Maintain Property. It is unlawful for an owner to maintain property or to permit
property to be maintained in such a manner that any one or more of the conditions described in the
following subsections are found to exist:
ORDINANCE NO. 2002 - 46
3
(a) Any Vacant Structure that is not secured by boarding in compliance with Section 720-4.406.
(b) Any Vacant Structure whose interior contains any waste, rubbish, or debris.
(c) Any Vacant Structure whose premises contain any waste, rubbish, debris, or excessive
vegetation.
(d) Any Vacant Structure whose doors, windows or other openings are secured by boarding in
compliance with Section 720-4.406 or by any other method permitted by Section 720-4.406,
at any time at which there is no current and valid boarding permit as required by Section 720-
4.412. (Ord. 2002-46 § 3.)
720-4.406 Standards for Securing a Building. Except as provided in Section 720-4.406(1), the
owner shall secure a Vacant Structure according to al of the following specifications and requirements:
(a) Remove all waste, rubbish or debris from the interior of the structure.
(b) Remove all waste, rubbish, debris or excessive vegetation from the premises surrounding the
vacant structure.
(c) Barricade all unsecured doorways, windows, or exterior openings with minimum 1/2 inch
thickness exterior grade plywood which shall extend to the molding stops or studs.
(d) Mount at least two wood stocks of minimum 2x4 inch thickness to the reverse face of the
plywood with minimum 3/8 inch carriage bolts mated with nuts and two flat washers.
(e) Extend the stock a minimum of 8 inches on each side of the interior wall.
(f) Cause all hardware to be galvanized or cadmium plated.
(g) Paint all exterior barricade material the predominant color of the structure.
(h) Terminate all utility service to the dwelling or building by removal of the meters and termination
of electric power at the pole. Compliance with this subsection may be waived in writing by the
County Building Official as to the electric uti 1 ity service if electricity is needed to power exterior
security lighting, an alarm system, or equipment to be used in connection with rehabilitation of
the dwelling or building for which there is an active and current building permit.
(i) If applicable, cap the sewer in a manner approved by the County Building Official to prevent
the accumulation of methane gas in the dwelling or building.
ORDINANCE NO. 2002 - 46
4
(j) Post the premises. One or more metal signs must be posted at or near each entrance to the
structure and on fences or walls as appropriate. The signs must remain posted until the
structure is either lawfully occupied or demolished. Signs must contain the following
information:
DO NOT ENTER. It is illegal to enter or occupy this building or
premises or to remove or deface this notice. Trespassers will be
prosecuted. (Contra Costa County Ordinance Code, California Penal
Code.)
(k) The County Building Official may require the owner to erect a fence that meets the
specifications of the Building Inspection Department on the property where the Vacant
Structure is located. Any fence erected in accordance with this section shall be maintained in a
safe condition without tears,breaks, rust, or dangerous protuberances.
(1) In lieu of requiring the owner to board a Vacant Structure as set forth in Sections 720-4.406(a)
through (k), the County Building Official may allow the owner to board the Vacant Structure in
a manner that the County Building Official determines adequately prevents unauthorized entry
or vandalism. In any event, an owner shall post the premises as set forth in this section. (Ord.
2002-46 § 3.)
7204.408 Prohibited Acts.
(a) Entry Prohibited. It is unlawful for any person to enter or occupy any structure or premises that
has been posted pursuant to Section 720-4.406, except to repair or demolish the structure
under proper permit or for a purpose authorized by the owner.
(b) Interference with Notice Prohibited. It is unlawful for any person to remove or deface any
notice posted pursuant to Section 720-4.406 until the required repairs or demolition have been
completed or a Certificate of Occupancy has been issued. (Ord. 2002-46 § 3.)
720-4.412 Permit Required for Securing a Dwelling or Building.
(a) No owner of a Vacant Structure shall install, place or maintain boards over the doors, windows
or other openings of any Vacant Structure or otherwise secure such openings by a means other
than the conventional method used in the original construction and design of the dwelling or
building without having first applied for and received a boarding permit from the County
Building Official.
ORDINANCE NO. 2002 - 46
5
(b) An owner of a Vacant Structure must apply to the County Building Official for a boarding
permit within 30 days after the structure becomes vacant.
(c) The application for a boarding permit shall include all of the following information:
(1) The expected period of vacancy.
(2) A plan for regular maintenance during the period of vacancy.
(3) A plan and timeline for the lawful occupancy, rehabilitation or demolition of the
vacant structure, or alternatively, a plan and timeline for sale of the property to
another person or entity with provision in the sale for the lawful occupancy,
rehabilitation or demolition of the structure.
(d) The County Building Official will issue a boarding permit required by subsection (a) upon the
submission of a complete and accurate boarding permit application by the owner of the
structure and upon payment of the required fee.
(e) The owner of a Vacant Structure must board or otherwise secure the vacant structure in
compliance with Section 720-4.406 within 10 days of receiving a boarding permit. The County
.Building Official will confirm through inspection that the boarding or other method of securing
the structure has been completed in compliance with Section 720-4.406.
(f) The boarding permit issued pursuant to this section shall authorize the boarding or other
securing of a structure for a period of no greater than 6 months from the date of issuance.
(g) The boarding permit may be renewed after the initial period for up to an additional 6 months,
upon the submission of a written application by the owner of the structure. The submission of
the application must occur no later than 10 business days before the original permit expires,
upon the payment of the required fee and upon the confirmation through inspection by the
County Building Official that the boarding or other method of securing the structure has been
completed in accordance with Section 720-4.406. The application shall include the information
required by subsection (c).
(h) A boarding permit may not be extended beyond the renewal period nor may a new application
for the same structure be accepted by the County Building Official within one year of the
expiration date of the prior permit, unless all of the following occur:
(1) The owner of the structure submits a written application for extension that
includes the information required by subsection (c).
ORDINANCE NO. 2002 - 46
6
(2) The owner of the structure pays the required fee.
(3) The County Building Official confirms through inspection that the boarding or
other method of securing the structure has been done in compliance with
Section 720-4.406.
(4) Good cause for the renewal exists. "Good cause" shall require a showing by
the owner that the permit renewal is made necessary by conditions or events
beyond the owner's control, such as inability to obtain financing for repair or
rehabilitation, inability to locate a suitable buyer, unanticipated delays in
construction or rehabilitation, or unanticipated damage to the property. In
addition, where appropriate, "good cause" shall also require a showing by the
owner that he or she has exercised reasonable and due diligence in attempting
to complete the needed repair, rehabilitation or correction or in attempting to
sell the property. If the County Building Official determines that good cause
exists to renew the permit and that all other conditions are met, the permit may
be renewed by the County Building Official for a period of up to, but not more
than, an additional 6 months, subject to all of the same conditions imposed on
the original renewal permit. (Ord. 2002-46 § 3.)
Article 720-4.6
Enforcement
720-4.602 Authority. The County Building Official is authorized to administer and enforce this
chapter. The County Building Official may promulgate rules and procedures implementing this chapter.
(Ord. 2002-46 § 3.)
720-4.604 Entry on Premises. To the extent allowed by law, whenever necessary to enforce any
provision of this chapter or, whenever the County Building Official has reasonable cause to believe that
a violation of this chapter exists, the County Building Official, or his or her designated representative,
may inspect any Vacant Structure and its associated premises to determine whether the structure or its
premises complies with applicable provisions and requirements of this code or of statutes or regulations
enforced by the County Building Official or to enter for the purpose of abatement as provided in
Chapter 14-6 of this code. (Ord. 2002-46 § 3.)
720-4.606 Notice to Comply.
(a) If the County Building Official determines that a violation of this chapter exists, the County
Building Official may transmit a Notice to Comply to the owner by first class mail or by
ORDINANCE NO. 2002 - 46
7
personal service by an authorized representative of the County Building Official, in accordance
with Section 14-2.406.
(b) The Notice to Comply will contain the following information:
(1) The street address and such other description as is required to identify the
property.
(2) A statement of the conditions constituting the violation.
(3) An order that the owner obtain a boarding permit within 30 days of the date of
the Notice to Comply, and board or otherwise secure the Vacant Structure in
compliance with Section 720-4.406 within 10 days of receiving the boarding
permit. The order may require the owner to erect a fence in accordance with
Section 720-4.408.
(4) A statement that, if the Vacant Structure is not boarded or otherwise secured
within the time specified, the County may seek compliance with any remedy
allowed by this code and any other remedy allowed by law, including the
securing, repair, rehabilitation, demolition, or removal of the Vacant Structure.
(5) A statement that the owner has the right to submit in writing, any information
relating to a determination of the existence of a violation. If the County Building
Official determines that an effort is being made to correct the violation, he or
she may grant an additional period of time for correction of the violation. (Ord.
2002-46 § 3.)
720-4.608 Remedies.
(a) If, after a Notice to Comply, a property owner fails to correct the violation within the time
allowed, the County may seek compliance by any remedy allowed under this code, including,
but not limited to, securing of the Vacant Structure pursuant to Section 720-4.610, infraction
prosecution(Chapter 14-8), administrative penalties (Chapter 14-12), abatement (Chapter 14-
6, Division 712, or the State Housing Law), and any other remedy allowed by law. Abatement
pursuant to Chapter 14-6, Division 712, or the State Housing Law includes the repair,
rehabilitation, demolition or removal of a substandard building.
(b) Nothing in this chapter shall be construed as requiring the securing of a substandard Vacant
Structure prior to an abatement of the building under Chapter 14-6, Division 712, or the State
Housing Law.
ORDINANCE NO. 2002 - 46
8
(c) If a substandard building becomes a Vacant Structure before or during abatement under
Chapter 14-6, Division 712, or the State Housing Law, the notice and order to abate may
require the securing of the building in accordance with the standards set forth in Section 720-
4.406. (Ord. 2002-46 § 3.)
720-4.610 Securing by County.
(a) If, after a Notice to Comply, an owner fails to correct the violation within the time allowed,the
County Building Official may secure the property, issue a boarding permit in the name of the
owner, erect a fence, and recover costs.
(b) After securing the Vacant Structure, the County Building Official will transmit a notice to the
owner of the subject property. The notice will be transmitted to the owner by certified mail and
posting as set forth in Section 14-6.412 or by personal service by an authorized representative
of the County Building Official. The notice will inform the owner of all of the following:
(1) The boarding permit is effective for 6 months.
(2) prior to the expiration of the 6-month period, the structure must be lawfully
occupied,rehabilitated or demolished, or alternatively be sold to another
person or entity with provision in the sale for the lawful occupancy,
rehabilitation or demolition of the sale within the 6-month period.
(3) The owner must maintain the boarding in a condition that complies with this
chapter.
(4) If the County Building Official erects a fence, the notice will inform the owner
that the owner must maintain the fence in a condition that complies with this
chapter.
(c) If a Vacant Structure previously secured by the owner or County Building Official in
accordance with a Notice to Comply again becomes unsecured and open to unauthorized
entry, the County Building Official may seek compliance by any remedy allowed under this
code, including, but not limited to, securing of the Vacant Structure pursuant to Section 720-
4.610, infraction prosecution (Chapter 14-8), administrative penalties (Chapter 14-12),
abatement (Chapter 14-6, Division 712, or the State Housing Law), and any other remedy
allowed by law. Abatement pursuant to Chapter 14-6, Division 712, or the State Housing Law
includes the repair, rehabilitation, demolition or removal of a substandard building.
ORDINANCE NO. 2002 - 46
9
(d) If the premises surrounding a Vacant Structure again contain debris, rubbish, waste or
excessive vegetation,the County Building Official may, without further notice to the owner,
proceed to remove the debris, rubbish, waste or excessive vegetation and recover costs as
provided for in this chapter. (Ord. 2002-46 § 3.)
7204.612 Receipt of Notice. The failure of a person to receive a properly addressed notice shall not
affect the validity of the proceedings. (Ord. 2002-46 § 3.)
7204.614 Reinspections. The County Building Official may periodically reinspect Vacant Structures
to ensure compliance with this chapter and all applicable court and administrative orders. (Ord. 2002-
46 § 3.)
720-4.616 Summary Abatement. Nothing in this chapter prohibits the summary abatement of a
nuisance pursuant to the procedures set forth in Section 14-6.406 of this code. (Ord. 2002-46 § 3.)
720-4.618 Appeals. The property owner may appeal any determination of the County Building
Official made pursuant to this chapter in the time allowed and in the manner prescribed in Chapter 14-4
of this code. (Ord. 2002-46 § 3.)
Article 720-4.8
Costs and Fees
7204.802 Costs.
(a) Abatement costs may be recovered by way of civil action against the owner or may be
assessed against the subject property as a lien in accordance with Chapter 14-6 of this code.
Abatement costs include the cost to perform the actual work, the cost of materials, and all
administrative costs.
(b) Summary abatement costs may be recovered by way of civil action against the owner or may
be assessed against the subject property as a lien in accordance with Chapter 14-6 of this
code. Summary abatement costs include the cost to perform the actual work, the cost of
materials, and all administrative costs. (Ord. 2002-46 § 3.)
720-4.804 Permit Fees. The fee for an initial boarding permit and any renewal boarding permit shall
be an amount established by the Board of Supervisors in the Building Inspection Department's fee
schedule adopted pursuant to Section 74-3.107 of this code. (Ord. 2002-46 § 3.)
ORDINANCE NO. 2002 - 46
10
720-4.806 Reinspection Fee. The fee for any reinspection shall be an amount established by the
Board of Supervisors in the Building Inspection Department's fee schedule adopted pursuant to Section
74-3.107 of this code. (Ord. 2002-46 § 3.)
Chapter 720-6
REGULATION OF VACANT PROPERTY
Article 720-6.2
General Provisions
720-6.202 Title. This chapter is known as the Vacant Property Ordinance of Contra Costa County.
(Ord. 2002-46 § 3.)
720-6.204 Fundings. The Board of Supervisors finds and declares that vacant property can attract
vagrants, gang members and criminals and can be a prime location to conduct illegal activities; that
vacant property can be a blight and cause deterioration and instability in neighborhoods; that vacant
property can invite the accumulation of garbage, trash, discarded vehicles or boats, weeds, and other
nuisance conditions; and that vacant property can pose a serious threat to the public's health and safety
and therefore constitute a public nuisance. (Ord. 2002-46 § 3.)
720-6.206 Purpose. The purpose of this ordinance is to identify vacant properties where nuisance
conditions frequently occur and to require the proper securing of those properties to prevent additional
nuisance conditions from occurring on the property. (Ord. 2002-46 § 3.)
720-6.208 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) "County Building Official" means the Director of the Building Inspection Department or his or
her designated representative who is authorized and directed to enforce this chapter.
(b) "Nuisance condition" is one or more of the following conditions occurring on a Vacant
Property:
(1) Substantial amounts of trash, debris, rubbish, or garbage.
(2) Discarded vehicles or boats, discarded trailers, vehicle or boat parts, vehicle or boat
hulks, or other articles of personal property that are abandoned or left in a state of
partial construction or repair.
ORDINANCE NO. 2002 - 46
11
(3) Attractive nuisances dangerous to children, such as abandoned, broken or neglected
equipment, machinery, refrigerators or freezers, or unsafe pools, ponds or excavations.
(4) Shopping carts, discarded household equipment, or broken or discarded furniture.
(5) Weeds over 18 inches in height.
(6) Any other similar nuisance condition.
(c) "Owner" means a person, persons, corporation, partnership, limited liability company, or any
other entity holding fee title to the subject real property. If more than one person or entity owns
the subject real property, "owner" refers to each entity holding any portion of the fee interest in
the property, and the owners' obligations in this chapter are joint and several as to each owner.
(d) "Vacant Property" means any property that is unimproved and includes unimproved tracts, lots,
easements, or parcels of land. (Ord. 2002-46 § 3.)
720-6.210 Application. This chapter applies to all property in the unincorporated areas of the County
where any of the nuisance conditions specified in this chapter exist or where a substandard building has
been abated in accordance with Chapter 14-6 or Division 712 of this code or the State Housing Law.
(Ord. 2002-46 § 3.)
Article 720-6.4
Standards
720-6.402 Duty of Property Owner. Every owner shall maintain property in accordance with the
provisions of this chapter and correct all violations of the standards listed in this chapter, and is liable for
violations of this chapter regardless of any contract or agreement with any third party concerning the
property. (Ord. 2002-46 § 3.)
720-6.404 Duty to Maintain Property.
(a) No owner shall maintain or allow the maintenance of Vacant Property in such a manner that any
nuisance condition exists on the Vacant Property.
(b) If a Notice and Order to Abate has been transmitted to an owner, the Vacant Property must
remain secured in accordance with Article 720-6.6. (Ord. 2002-46 § 3.)
720-6.406 Standards for Securing Vacant Property. Any Vacant Property that must be secured
pursuant to Article 720-6.6 shall be secured according to the following specifications and requirements:
ORDINANCE NO. 2002 - 46
12
(a) A fence that meets the specifications of the Building Inspection Department shall be erected on
the Vacant Property.
(b) One or more metal signs must be posted on the fence and must contain the following
information:
DO NOT ENTER. It is illegal to enter or occupy this property or to
remove or deface this notice. Trespassers will be prosecuted. (Contra
Costa County Ordinance Code, California Penal Code.)
(c) Any fence erected in accordance with this section shall be maintained in a safe condition
without tears, breaks, rust, or dangerous protuberances. (Ord. 2002-46 § 3.)
720-6.408 Prohibited Acts.
(a) Entry Prohibited. It is unlawful for any person other than the owner, the County Building
Official, or a designated representative of the County Building Official, to enter or occupy any
Vacant Property that has been posted pursuant to Section 720-6.406(b), except for a lawful
purpose authorized by the owner. (Ord. 2002-46 § 3.)
(b) Interference with Notice Prohibited. It is unlawful for any person to remove or deface any
notice posted pursuant to Section 720-6.406(b). (Ord. 2002-46 § 3.)
Article 720-6.6
Enforcement
720-6.602 Authority. The County Building Official is authorized to administer and enforce this
chapter. The County Building Official may promulgate rules and procedures implementing this chapter.
(Ord. 2002-46 § 3.)
720-6.604 Entry on Premises. To the extent allowed by law, whenever necessary to enforce any
provision of this chapter, the County Building Official, or his or her designated representative, may
inspect any Vacant Property to determine whether it complies with applicable provisions and
requirements of this code or of statutes or regulations enforced by the County Building Official or to
enter for the purpose of abatement as provided in Chapter 14-6 of this code. (Ord. 2002-46 § 3.)
720-6.606 Notice to Comply.
(a) If the County Building Official determines that any nuisance condition exists on a Vacant
Property, the County Building Official may transmit a Notice to Comply to the owner by first
ORDINANCE NO. 2002 - 46
13
" 03, -o
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class mail or by personal service by an authorized representative of the County Building
Official, in accordance with Section 14-2.406.
(b) The owner must remove or remedy the nuisance condition specified on the Notice to Comply
within the time specified in the Notice to Comply.
(c) The Notice to Comply will contain the following information:
(1) The street address and such other description as is required to identify the
property.
(2) A statement of the nuisance condition existing on the Vacant Property.
(3) An order that the owner remove or remedy the nuisance condition within 10
days of the date of the Notice to Comply.
(4) A statement that if the nuisance condition is not removed within the time
specified, the County may issue a Notice and Order to Abate ordering the
securing of the Vacant Property.
(5) A statement that the owner has the right to submit in writing, any information
relating to a determination of the existence of a violation. If the County Building
Official determines that an effort is being made to correct the violation, he or
she may grant an additional period of time for correction of the violation. (Ord.
2002-46 § 3.)
720-6.608 Notice and Order to Abate.
(a) The County Building Official may transmit a Notice and Order to Abate to the owner by
certified mail and posting as set forth in Section 14-6.412, or by personal service by an
authorized representative of the County Building Official, if either of the following occur:
(1) The nuisance condition specified in the Notice to Comply has not been removed or
remedied within the time specified.
(2) Any nuisance condition occurs or reoccurs on the Vacant Property within 12 months of
the date of the Notice to Comply.
(b) The owner must remove or remedy the nuisance condition specified in the Notice and Order to
Abate and secure the Vacant Property in accordance with the standards listed in Section 720-
ORDINANCE NO. 2002 - 46
14
6.406 within 10 days of the transmittal date of the Notice and Order to Abate or within a
reasonable time specified by the County Building Official.
(c) The Notice and Order to Abate will be in substantially the same form as indicated in Section
14-6.410 and will contain the following information:
(1) The street address and such other description as is required to identify the
property.
(2) A statement that the nuisance condition specified in the Notice to Comply has
not been removed or remedied within the time specified, or that a nuisance
condition has occurred or reoccurred on the Vacant Property within 12 months
of the date of the Notice to Comply.
(3) An order that the owner remove or remedy the nuisance condition and secure
the Vacant Property within the time specified in the Notice and Order to Abate.
(4) A statement that, if the Vacant Property is not secured in accordance with the
standards listed in Section 720-6.406 within the time specified, the County may
seek compliance with any remedy allowed by this code and any other remedy
allowed by law. The statement will inform the owner that the County may
secure the Vacant Property and recover all costs, including the cost of the
fence, from the owner.
(5) A statement that the owner has the right to appeal in accordance with Section
14-6.414.
(d) If more than 12 months have passed from the date of the first Notice to Comply and no Notice
and Order to Abate has been issued, no Notice and Order to Abate will be issued until after
another Notice to Comply has been issued in accordance with Section 720-6.606. (Ord.
2002-46 § 3.)
720-6.614 Remedies.
(a) If, after a Notice and Order to Abate, a property owner fails to correct the violation in the
manner and within the time specified in the Notice and Order to Abate, the County may seek
compliance by any remedy allowed under this code, including, but not limited to, securing of the
Vacant Property (Section 720-6.612), infraction prosecution (Chapter 14-8), administrative
penalties (Chapter 14-12), abatement (Chapter 14-6), and any other remedy allowed by law.
ORDINANCE NO. 2002 - 46
15
(b) If a nuisance condition occurs on a secured Vacant Property, the County may seek compliance
by any remedy allowed under this code, including, but not limited to, infraction prosecution
(Chapter 14-8), administrative penalties (Chapter 14-12), abatement (Chapter 14-6), and any
other remedy allowed by law. (Ord. 2002-46 § 3.)
720-6.612 Securing by County.
(a) After issuing a Notice and Order to Abate, the County Building Official may secure the Vacant
Property and recover costs as provided for in Article 720-6.8 if the owner does any of the
following:
(1) Fails to erect a fence in the manner and within the time specified in the Notice and
Order to Abate.
(2) Fails to erect a fence that meets the specifications of Section 720-6.406.
(3) Fails to maintain a fence in accordance with the provisions of section 720-6.406.
(b) If a Notice and Order to Abate a substandard building in accordance with Chapter 14-6,
Division 712, or the State Housing Law includes an order to secure the property with a fence
that meets the specifications of the Building Inspection Department, the County Building Official
may secure the Vacant Property and recover costs as provided for in Article 720-6.8 after
abating the substandard building.
(c) If a Vacant Property previously secured by the owner or County Building Official again
becomes unsecured within 24 months of any previous securing, the County Building Official
may resecure the Vacant Property and recover costs as provided for in Article 720-6.8. When
resecuring a Vacant Property within 24 months of any previous securing, the County Building
Official is not required to transmit a Notice and Order to Abate before resecuring the Vacant
Property.
(d) After securing or resecuring a Vacant Property, the County Building Official will transmit a
notice to the owner of the Vacant Property. The notice will be transmitted to the owner by
certified mail and posting as set forth in Section 14-6.412 or by personal service by an
authorized representative of the County Building Official. The notice will inform the owner that
the Vacant Property must be maintained in a condition that complies with this chapter.
(e) If more than 24 months have passed from the date of a previous securing of a Vacant Property
by the owner or County Building Official, the County Building Official will not secure or
ORDINANCE NO. 2002 -46
16
resecure the Vacant Property until after a Notice to Comply and Notice and Order to Abate
have been issued in accordance with this article. (Ord. 2002-46 § 3.)
720-6.614 Receipt of Notice. The failure of a person to receive a properly addressed notice shall not
affect the validity of the proceedings. (Ord. 2002-46 § 3.)
720-6.616 Reinspections. The County Building Official may periodically reinspect Vacant
Properties to ensure compliance with this chapter and all applicable court and administrative orders.
(Ord. 2002-46 § 3.)
720-6.618 Summary Abatement. Nothing in this chapter prohibits the summary abatement of a
nuisance pursuant to the procedures set forth in Section 14-6.406 of this code. (Ord. 2002-46 § 3.)
720-6.620 Appeals. The property owner may appeal any determination of the County Building
Official made pursuant to this chapter in the time allowed and in the manner prescribed in Chapter 14-4
of this code. (Ord. 2002-46 § 3.)
Article 720-6.8
Costs and Fees
720-6.802 Costs.
(a) Abatement costs may be recovered by way of civil action against the owner or may be
assessed against the subject property as a lien in accordance with Chapter 14-6 of this code.
Abatement costs include the cost of materials including the fence, the cost to perform the actual
work, and all administrative costs.
(b) Summary abatement costs may be recovered by way of civil action against the owner or may
be assessed against the subject property as a lien in accordance with Chapter 14-6 of this
code. Summary abatement costs include the cost of materials including the fence, the cost to
perform the actual work, and all administrative costs. (Ord. 2002-46 § 3.)
720-6.804 Reinspection Fee. The fee for any reinspection shall be an amount established by the
Board of Supervisors in the Building Inspection Department's fee schedule adopted pursuant to Section
74-3.107 of this code. (Ord. 2002-46 § 3.)
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and
within 15 days after passage shall be published once with the names of supervisors voting for or against
it in the Contra Costa Times, a newspaper published in this County.
ORDINANCE NO. 2002 - 46
17
PASSED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
TLG:
H:12002\CodeEnforcement\CommunityPreservation\new Division 720-finalkwpd
ORDINANCE NO. 2002 - 46
18
................ ................
DRAFT BROCHURE
COMMUNITY PRESERVATION PROGRAM
INTRODUCTION
Contra Costa County works in partnership with its residents to:
i promote and maintain a safe and desirable living environment;
0 improve the quality of its neighborhoods through financial assistance, education, code
enforcement, and nuisance abatement;
• respond to community concerns; and
+ attain compliance with codes and regulations that affect the health, safety and well-being of
residents.
FINANCIAL ASSISTANCE
The County has several programs to help residents improve their homes and neighborhoods:
Neighborhood Preservation Program- This program offers low-interest and zero-interest loans
to qualifying low-income and very-low-income homeowners. Under the program, a person
may apply for a loan for up to $20,000, to be used for eliminating housing code violations in a
home and for general property rehabilitation. The Building Inspection Department operates the
program.
First-Time Homebuyers Program-This program provides qualified first-time homebuyers with
a federal income tax credit that reduces tax payments. Under the program, the maximum tax
credit is equal to 20 percent of the annual interest paid on the mortgage. The credit essentially
provides additional income that can be used for mortgage payments. The Redevelopment
Agency operates the program.
Rental Rehabilitation Program - This program offers 3% interest loans to owners of residential
rental units occupied primarily by lower income tenants. Under the program, loans may be
used for repair work. The property owner must provide matching fiends. The Contra Costa
Housing Authority operates the program.
CODES ENFORCED
BUILDING ANIS HOUSING
The Building Inspection Department investigates violations of the following building and housing codes:
County Housing Code -This code establishes minimum standards for safe and sanitary housing.
County Building Code - This code establishes minimum standards for safe buildings.
Substandard Buildings - This code prohibits conditions that constitute a danger to a building's
occupants or the public.
Smoke Detectors - This code establishes regulations regarding the installation, testing,
maintenance and operation of smoke detectors in dwellings.
Vacant Structures -This code prohibits nuisance conditions resulting from abandoned buildings.
Vacant Properties - This code prohibits nuisance conditions resulting from vacant lots.
Mobile Homes - This code establishes minimum standards for habitable mobile homes.
Grading - This code prohibits nuisance conditions resulting from grading.
ZONING AND LAND USE
The County Zoning Code regulates the use and development of land in the unincorporated areas of the
County. The uses that are allowed on a property depend on the zone designation. The following are
issues routinely requested to be investigated by the Building Inspection Department:
Home Occupations - The zoning code regulates the operation of businesses out of residences.
Contractor's Yards - The zoning code regulates the storage of construction equipment on
property.
Junkyards -The zoning code regulates using property to dismantle or wreck automobiles, to
store or salvage automobiles or other vehicles or machinery, or to store scrap metal or salvaged
building materials.
Graffiti - The County is authorized to remove graffiti from public or private property.
VEHICLE ABATEMENT
The Sheriff's Department removes abandoned vehicles from public and private property. The Sheriff's
Department also tickets or removes vehicles parked on county streets for more than 72 hours.
WEEDS
The County's fire districts remove weeds that are a fire or safety hazard from public or private
property.
• �1
ENVIRONMENTAL HEALTH
The Environmental Health Division investigates complaints of improper storage and control of solid
waste, including garbage and animal waste, and complaints of illegal sewage disposal. The
Environmental Health Division issues permits for many different food facilities, including restaurants,
bars, retail food markets, roadside food stands, and certified farmers' markets, and enforces
compliance with those permits. The Environmental Health Division also enforces compliance with solid
waste facility and domestic water system permits.
PU.l3LIC WORKS
The Public Works Department repairs roads that are a safety hazard and removes dangerous
obstructions from roads. The Public Works Department also maintains major flood control channels
and responds to illegal dumping of oil and other pollutants into storm drainage systems.
HAZARDOUS MATERIALS
The Hazardous Materials Unit investigates illegal dumping of hazardous waste and assists with
household hazardous waste disposal.
MOSQUITO ABATEMENT AND VECTOR CONTROL
The Mosquito Abatement District provides advice on prevention and control of rats, baits sewers and
creeks for vermin control, traps skunks, and removes mosquitos, ticks and yellow jackets from infested
areas.
ENFORCEMENT METHODS
In most cases, the person responsible for a code violation is given an opportunity to comply voluntarily
with the law and correct the situation. Once the deadline to comply has passed, the owner or
responsible person is subject to one or more of the remedies listed below. In addition to any fines that
may result from a remedy, fees may be charged in some cases if the County must inspect a property
several times.
ADMINISTRATIVE REMEDIES
The County is authorized to impose administrative fines for violations of zoning, building and
environmental health codes. If a violator does not correct the violation specified in a notice of violation,
the County may impose a fine of at least $100 and up to $500 per day starting from the date the notice
is issued through the date required to comply.
INFRACTION CITATIONS
The County is authorized to issue citations for most code violations. A citation is like a traffic ticket. It
requires a violator to appear in court and pay a fine. Fines increase with each offense.
ABATEMENT
The County uses this remedy when it needs to remove a nuisance from a property. In a typical case,
the County's Building Inspection Department will hire a private contractor either to demolish or board
and secure a structure, or to remove junk and debris from a property.
JUDICIAL REMEDIES
The County uses judicial remedies for serious violations. These remedies are criminal prosecution or
civil injunction.
IMPORTANT CONTACTS
WEB SITE
The County's web site is: www.co.contra-costa.ca.us
TELEPHONE NUMBERS
(all numbers are area code 925 unless otherwise noted)
Building Inspection Department (Code Enforcement) 335-1111
Community Development Department 335-1290
Environmental Health Division 646-5225
Neighborhood Preservation Department 335-1137
Public Works Department 313-2000
Sheriff s Department (Abandoned Vehicles) 313-2500
Hazardous Materials Unit 646-2286
Mosquito Abatement District 685-9301
Fire Districts:
Contra Costa County 930-5500
Crockett-Carquinez (510) 787-3413
East Contra Costa 634-3400
Kensington (510) 215-4450
Orinda-Moraga 254-1110
Pinole (510) 724-8970
Rodeo-Hercules (510) 799-4561
San Ramon Valley 838-6680
West County (510) 254-1110
H:\2002\CodeEnforcement\Community Preservation\CPP brochure-final drattwpd
--
TO:
--TO: BOARD OF SUPERVISORS Contra
FROM: INTERNAL OPERATIONS COMMITTEE •' t Costa
DATE: December 3, 2002 County
SUBJECT: Revisions to Administrative Penalties Ordinance
SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
INTRODUCE Ordinance No. 2002-47, repealing Chapter 14-12 of the Ordinance Code and
replacing it with new Chapter 14-12 to establish administrative fines for Ordinance Code violations;
WAIVE reading; and FIX December 10, 2002 as the date for adoption.
FISCAL IMPACT:
Nominal. Costs pertaining to the use of this ordinance will depend on the number of notices issued.
Some costs will be recovered where administrative fines are collected.
BACKGROUND:
The Internal Operations Committee reviewed this ordinance at its November 4, 2002 meeting and
recommends it to the Board of Supervisors for consideration and approval. This ordinance replaces
the County's existing administrative penalties ordinance, Chapter 14-12, with a new Chapter 14-12
that addresses three areas of concern with the existing ordinance.
First, this ordinance authorizes the Environmental Health Director, as well as the Director of Building
Inspection and the Community Development Director, to impose administrative fines. The existing
ordinance only authorizes the Director of Building Inspection and the Community Development
Director to impose administrative fines,
CONTINUED ON ATTACHMENT: _X YES SIGNATURE:
_....... .._.............._.....��.._...._..._..._.. . ..__ _.w,a-. ......_.... .__._.w.____.._._.._......_._..._._.--------------
---
RECOMMENDATION OF COUNTYADMINISTRATOR Y REGOMMENDATiON OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
_.�.._.,,..._._._._..�._...�_.__...._..a..._.w......_a..............�.__......................................................................._.............------------ACTION OF
BOARD ON APPROVE AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPYOF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
APES: NOES: SHOWN,
ABSENT: ABSTAIN:
ATTESTED
CONTACT:Thomas L.Geiger,(925)335-1813 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTYADMINISTRATOR
GC: Internal Operations Committee S("'C�''�
County Administrator
Building Inspection Department
Community Development Department
Environmental Health Division
County Counsel
BY ,DEPUTY
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Second, this ordinance increases the amount of administrative fines that may be imposed for violations
that continue for more than one day. Under the current ordinance, if a person does not correct a violation
as specified in a notice of violation, the person is fined $100 per day from the date the notice was
transmitted through the correction date specified in the notice. The new ordinance authorizes fines of
$100 for the first day, $200 for the second day, and $500 for each subsequent day through the correction
date specified in the notice. These amounts are authorized by Government Code section 25132.
Third, this ordinance may be applied to one-time violations, such as one-day events, as well as
continuing violations. Under the existing ordinance, all violators must be given time to correct a
continuing violation, such as a zoning violation. As a result, the existing ordinance cannot be used when
one-time violations occur because the violation ends when the event ends. This ordinance gives
violators time to correct a violation if it is continuing, but authorizes the imposition of a fine without time to
correct if the violation is a one-time violation.
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ORDINANCE NO. 2002 - 47
(Administrative Penalties For Violations of Ordinance Code)
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 repeals Chapter 14-12 of the County Ordinance Code
and replaces it with new Chapter 14-12 to provide for consistent application of administrative penalties.
SECTION II. Chapter 14-12 of the County Ordinance Code is repealed in its entirety and is
replaced by new Chapter 14-12, added by Section III of this ordinance.
SECTION III. Chapter 14-12 is added to the County Ordinance Code,to read:
14-12.002 Applicability and Authorization.
(a) This Chapter provides for administrative fines, enforcement, and collection remedies that the
County may pursue to address any violation of the following provisions of the Contra Costa
County Ordinance Code:
(1) Division 413 and Chapters 414a-4, 414-6, 416-14,418-2, 418-6, 418-12, 420-2,
420-6, and 450-6 (environmental health regulations).
(2) Title 7 (building regulations).
(3) Title 8 (zoning regulations).
(b) Remedies under this Chapter are in addition to any other remedy allowed by this Code or
applicable law. The use of this Chapter is at the sole discretion of the Director.
(c) This Chapter is authorized by California Government Code section 53069.4. (Ords. 2002-47
§ 3, 2000-21 § 2.)
14-12.004 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) `Director"includes the following officials and their designees:
(1) Director of Health Services.
ORDINANCE NO. 2002 - 47
1
(2) Director of Community Development.
(3) Director of Building Inspection (County Building Official).
(b) "Effective date" means the date by which a violation must be corrected, as specified in a Notice
of Violation.
(c) "Hearing Examiner" means the following officials:
(1) Director of Environmental Health.
(2) Director of Building Inspection.
(3) Zoning Administrator.
(d) "Owner"means the owner of property upon which a violation of this chapter exists, the
occupant of that property, or any other party responsible for the violation.
(e) "Service date"means the date a notice or decision is served in accordance with section 14-
12.018. (Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.006 Administrative Fines.
(a) The Director is authorized to determine whether a violation of this Code exists with respect to
any property.
(b) If the violation is a continuing violation pertaining to building, plumbing, electrical or other similar
structural or zoning issues, the Director may serve a Notice of Violation on the owner as
specified in section 14-12.018. The Notice of Violation will include all of the following
information:
(1) The date of the violation.
(2) The address or other description of the location where the violation occurred,
(3) The Code section(s) violated and a description of the violation.
(4) A description of how the violation can be corrected.
(5) A specified time period of at least 10 calendar days, beginning on the service date,
ORDINANCE NO. 2002 - 47
2
7)
so
within which the violation must be corrected.
(6) An advisement that the owner may be subject to an administrative fine under this
Chapter if the violation is not corrected by the effective date, and the amount of that
fine.
(c) The Director may impose an administrative fine on the owner if any of the following
occur:
(1) The violation is not a continuing violation pertaining to building, plumbing, electrical or
other similar structural or zoning issues.
(2) The continuing violation has not been corrected as specified in the Notice of Violation.
(3) The continuing violation was corrected as specified in the Notice of Violation but a
violation of the same Code section continues, exists or occurs within one year of the
effective date.
(d) The amount of the fine will be one hundred dollars ($100.00) for a first violation, two hundred
dollars ($200.00) for a second violation of the same Code section within one year, and five
hundred dollars ($500.00) for each additional violation of the same Code section within one
year. Acts, omissions, or conditions in violation of this Code that continue, exist, or occur on
more than one day constitute separate violations and offenses on each day. Violations
continuing, existing, or occurring on the service date, the effective date, and each day between
the service date and the effective date are separate violations.
(e) An administrative fine will be assessed by means of a Notice of Fine. The owner will be served
with the Notice of Fine as specified in section 14-12.018. The Notice of Fine will include all of
the following information:
(1) The date of the violation.
(2) The address or other description of the location where the violation occurred,
(3) The Code section(s)violated and a description of the violation.
(4) The amount of the fine.
(5) An advisement of the right to request a hearing before the Hearing Examiner contesting
the imposition of the fine. (Ards. 2002-47 § 3, 2000-21 § 2.)
ORDINANCE NO. 2002 - 47
3
(f) The Director may require immediate abatement of a violation pursuant to section 14-6.406 of
this Code if the violation creates an immediate danger to the health and safety of persons or
property. (Ord. 2002-47 § 3.)
14-12.008 Appeals.
(a) Any person upon whom an administrative fine is imposed by the Director may appeal the fine
pursuant to the procedures set forth in this section. The appellant must file a written appeal with
the Director within 15 calendar days of the service date of the Notice of Fine. The written
appeal must contain:
(1) A brief statement setting forth the interest the appealing party has in the matter relating
to the imposition of the penalty; and
(2) A brief statement of the material facts that the appellant claims supports his or her
contention that no administrative penalty should be imposed or that an administrative
penalty of a different amount is warranted.
(b) Notice of the appeal hearing will be served as specified in section 14-12.018 and will set the
appeal hearing no sooner than 20 days and no later than 45 days following the service date of
the notice of appeal hearing.
(c) An appeal of an administrative fine imposed for violations of this Code will be heard by the
following Hearing Examiners:
(1) Director of Environmental Health for violations of Division 413 and Chapters 414-4,
414-6, 416.14, 418-2, 418-6, 418-12,420-2, 420-6, and 450-6.
(2) Director of Building Inspection for violations of Title 7.
(3) Zoning Administrator for violations of Title 8.
(d) At the hearing, the appellant will be given the opportunity to testify and to present evidence.
(e) After considering the testimony and evidence submitted at the hearing, or after the appellant has
failed to appear at the hearing, the Hearing Examiner will issue a written decision to uphold,
modify, or cancel the administrative fine and will list in the decision the reason or reasons for
that decision. The decision will be served as specified in section 14-12.018. (Orris. 2002-47
§ 3,2000-21 § 2.)
ORDINANCE NO. 2002 - 47
4
14-12.010 Final Order. The imposition of the administrative fine becomes a final administrative order
at one of the following times:
(a) On the date the Notice of Fine is served, if the owner fails to file a written appeal to the
Director within the time specified.
(b) On the date of the written decision by the Hearing Examiner, if the owner files a written appeal
to the Director within the time specified. Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.012 Recording. The Director may record a copy of the Notice of Fine with the Contra Costa.
County Recorder after the imposition of the administrative fine becomes a final administrative order. If
the Notice of Fine is recorded and the violation is subsequently corrected, the Director will record a
Notice of Correction. (Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.014 Payment of the Fine. The fine must be paid to the County within 30 days after the
imposition of the administrative fine becomes a final administrative order. Payment of a fine under this
chapter does not excuse or discharge any continuation or repeated occurrence of the violation that is
the subject of the Notice of Fine. The payment of a fine does not bar the County from taking any other
enforcement action regarding a violation that is not corrected. (Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.016 Collection. If the fine is not paid within 30 days after the imposition of the fine becomes a
final administrative order, the County may collect the fine, the County's collection costs, and interest.
An administrative fine accrues interest at the same annual rate as any civil judgment,beginning on the
201h day after the fine becomes a final administrative order. The County may collect by using any
available legal means, including but not limited to the following:
(a) The County may file a civil action. If a civil action is commenced,the County is entitled to
recover all costs associated with the collection of the fine, including those costs set forth in
Code of Civil Procedure section 1033.5.
(b) The amount of any unpaid final administrative fine, plus interest,plus any other costs as
provided in this chapter, may be declared a lien on any real property owned by the owner
within the County against whom an administrative penalty has been imposed, as follows:
(1) Notice will be given to the owner before recordation of the lien, and will be served in
the same manner as a summons in the civil action pursuant to Code of Civil Procedure
section 415.10 et seq.;
(2) The lien attaches when the County records it with the County Recorder's office. The
lien will specify the amount of the lien, the date(s) of the code violations, the date of the
ORDINANCE NO. 2002 - 47
5
final decision, the street address, legal description, and assessor's parcel number of the
parcel on which the lien is imposed, and the name and address of the record owner of
the parcel; and
(3) The lien will 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 delinquency as provided for ordinary county taxes. All laws applicable to the
levy, collection, and enforcement of county taxes are applicable to the assessments,
except that if any real property to which a 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 on the property before the date on which the first
installment of taxes would become delinquent, then the lien that would otherwise
imposed shall not attach to the real property and the lien will be transferred to the
unsecured roll for collection.
(c) The County may withhold issuance of licenses, permits and other entitlements to an owner on
any project,property, or application of any kind whenever an administrative fine remains
unpaid.
(d) The County may take such other actions as are allowed for enforcement of a civil judgment as
provided for pursuant to the Enforcement of Judgment Law, California Code of Civil Procedure
section 680.010 et seq. (Ords.. 2002-47 § 3, 2000-21 § 2.)
14-12.018 Service. All notices or decisions required to be served by this chapter will be served either
by the method specified in subsection (a)or by the method specified in subsection(b). The failure of a
person to receive a properly addressed service shall not affect the validity of the proceedings.
(a) Certified mail and posting. Certified mail will be addressed to the owner at the address shown
on the last equalized assessment roll or as otherwise known. Service is deemed completed
upon the deposit of the notice or decision,postage pre-paid, in the United States mail.
Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision
sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular
mail. Posting of the notice or decision will be conspicuously on or in front of the property. If
the property has no frontage,posting will be on the portion of the property nearest to a street,
highway, or road, or most likely to give actual notice to the owner.
(b) Personal service. Personal service is deemed complete on the date the notice or decision is
personally served. (Ords. 2002-47 § 3, 2000-21 § 2.)
14-12.020 Judicial Review. A final administrative order may be appealed to the Superior Court of
ORDINANCE NO. 2002 - 47
6
Contra Costa County in accordance with the provisions set forth in Government Code section
53069.4. (Orris. 2002-47 § 3, 2000-21 § 2.)
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and
within 15 days after passage shall be published once with the names of supervisors voting for or against
it in the Contra Costa Times, a newspaper published in this County.
PASSED on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
TLG:
K\2002CodeEnfarcement Adm Penalties\admin pen revisions-final#."d
ORDINANCE NO. 2002 - 47
7
xq-
TO: BOARD OF SUPERVISORS -. � Contra
FROM: William Walker, M.D., Health Services DirectorCosta
By: Kenneth C. Stuart, Director #
Environmental Health Division
DATE: December 3, 2002 County
SUBJECT: Revisions to Environmental Health Ordinances
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
INTRODUCE Ordinance No. 2002-48, amending Section 14-8.008 of the Ordinance Code, to
authorize the Director of Health Services to issue infraction citations for violations of Ordinance
Code Chapters 414-4 (small water systems), 414-6 (individual water systems), 416-14 (rat control
and refuse disposal), 418-2 (refuse collection), 418-6 (mandatory subscription), 418-12 (food
establishment litter), 420-2 (sewage regulations) and 420-6 (sewage systems); and amending
Chapter 413-3 (environmental health permits and fees) so that the permit year for mobile food
preparation units and septic tank-chemical toilet cleaners is from January 1$t through December
31St; and amending Chapters 413-3 and 414-6 (transporting water for domestic use) to update and
correct various outdated references to the California Health and Safety Code; and adding Chapter
418-12 (former Chapter 470-6) to prohibit litter nuisances at food establishments;
WAIVE reading; and FIX December 10, 2002 as the date for adoption.
FISCAL IMPACT:
Enforcement costs will depend on the number of infraction citations issued.
BACKGROUND:
The Environmental Health Division enforces various state and local health codes, and uses different
methods to obtain compliance with those codes. The Environmental Health Division holds
administrative hearings, collects reinspection fees, abates or closes noncompliant facilities, and
places tax liens on properties. State law also authorizes the Environmental Health Division to collect
administrative fines in the solid waste permitting program and the small water systems program.
CONTINUED ON ATTACHMENT: �x YES SIGNATURE; r
--______________..______--__-......_..____.-._._..,_._..........................................
_....
_____. �.
RECOMMENDATION OF COUNTYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
.____..._.------- ___........___-._—----___ _-___.—_-------___-------__ __...__ ..__---___. _____.______.ACTION OF
BOARD ON APPROVE AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPYOF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT:Kenneth C.Stuart,546-5137 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTYADMINISTRATOR
CC: Health Services Department
Environmental Health
Health Services Contracts and Grants
County Administrator
County Counsel
BY DEPUTY
2WZHealth 5eNceslGn—mental HmWord emend-board ordo,wpd
Many of the health codes enforced by the Environmental Health Division are misdemeanors under state
law. It is a misdemeanor to fail to have a permit for any of the following activities --operating a food
facility, septic tank cleaning, chemical toilet cleaning, operating a wiping rag business, generating medical
waste, operating a small water system, and operating a domestic water system. To enforce
misdemeanor violations, the Environmental Health Division works with the District Attorney to issue
misdemeanor citations and file Unlawful Business Practices complaints.
The Environmental Health Division also enforces health codes that are infractions under the County
Ordinance Code. Under Ordinance Code chapters 414-4, 414-6, 418-2, 418-6, 420-2, and 420-6, it is an
infraction to fail to have a well permit, sewage system permit, or garbage collection permit. Under
Ordinance Code chapters 416-14 and 418.12, it is an infraction to allow the accumulation of refuse and to
allow the harborage of rats. However, the Environmental Health Division is not currently authorized
under the County Ordinance Code to issue infraction citations for these violations. it is necessary to
amend the Ordinance Code to allow the Environmental Health Division to use this enforcement tool.
Although the Environmental Health Division anticipates that a small number of infraction citations will be
issued annually, these citations will play a significant role in the comprehensive enforcement of
environmental and public health codes. If the Ordinance Code is amended, the Environmental Health
Division intends to work with County Counsel to take additional steps to implement an infraction citation
program, including staff training and approaching the Superior Court to amend the countywide bail
schedule.
This ordinance also amends the Ordinance Code so that the permit year for mobile food preparation units
and septic tank-chemical toilet cleaners is the same as the permit year for retail food vehicles and
vending machines —from January 1s' through December 31s'. The permit year for all other activities is
March 15' through February 28th. This ordinance also updates and corrects various outdated references
to the California Health and Safety Code.
Finally, this ordinance adds Chapter 418-12 to the Ordinance Code to prohibit litter nuisances at food
establishments. This chapter was previously designated as Chapter 470-6 and prohibited litter nuisances
at take-out food establishments. Chapter 418-12 pertains to all food establishments, including take-out
food establishments, because the Environmental Health Division issues environmental health permits to
all food establishments pursuant to the California Uniform Retail Food Facilities Law (Health and Safety
Code section 118700 et seq.) and Ordinance Code section 413-3.208.
12tHmaMh Sandcap\Enufrummntat H-;IhW d amend-b..Id order.wod
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on .December 3,_ZO02, by the following vote',
AYES: Supervisors Uilkema, Gerber, DeSaulnier and Glover
ABSENT: Supervisor Gioia
ABSTAIN: None,
SUBJECT: Report from the County Administrator regarding
comprehensive
community preservation and Code enforcement program to address
overall improvement of neighborhoods, including introduction of
ordinances that establish maintenance standards for residential
property, require boarding of vacant buildings, require fencing of
vacant properties, establish administrative fines for code violations,
authorize use of citations for environmental health violations,
prohibit litter at food establishments, and authorize the Sheriff to
abate abandoned vehicles from streets, highways and private roads
CONTINUED to Tuesday, December 10, 2002,
hereby certify that this is a true and correct
,copy of an action taker. and entered on the
minutes of the Board of Surpervisors on the
date shown,
Attested: December 3. 2002
Joh.p., Sweeten, Clerk of the Board
Of Supervisors and County Administrator
Deputy 'Clerk