HomeMy WebLinkAboutORDINANCES - 11291988 - 88-88 ORDINANCE NO. 88- 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 f4-6—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 entirety, 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- 33 §2, 70-36 § l :prior code 5 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-Q8 § 2; 70-36 § 1 :prior code § 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- 88 S 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- 88 S 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 shall nevertheless keep an account of
the cost of abatement and bill the property owner therefor. If
the bill is not paid within fifteen (15 ) days from the date of
mailing, the county abatement officer may proceed to obtain a
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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- 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- 88 S 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)
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) .
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 may abate the nuisance by (insert desired action
which, if 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, may be 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 the 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 :
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ORDINANCE NO. 88-88
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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
accompanying fee, or waiver, the Clerk of the Board
will cause the matter to be set for hearing before the
Board of 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- 88 S 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
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. 88-88 S 2 . )
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 shall 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 filing 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- 88 5 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
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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 contained 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 if 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- H S 2 . )
14-6 .418 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 conducted according to
technical rules relating to evidence and witnesses . Any relevant
evidence shall be admitted if it is 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) The hearing shall be conducted in the English language.
The proponent of any testimony to be offered by a 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
be proficient in various languages .
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(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 a party to the hearing and upon a showing of good
cause therefor.
. (Ord. 88- 88 S 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- 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- 88 S 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 S 14-6 . 420 shall be commenced within
thirty ( 30 ) calendar days of mailing of the decision. Thereafter
all persons are barred from commencing any such action or
proceeding and from asserting any defense of invalidity or
unreasonableness of such decision, proceeding, act or
determination.
(Ord. 88- 88 § 2 . )
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- 88 S 2 . )
14-6 . 428 Report and notice of hearing. If the bill is not
paid within fifteen ( 15 ) days from the date of mailing, the
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county abatement 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 but 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 of the 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 to enable identification of the property and contain a
statement of the amount of the proposed assessment.
(Ord. 88- 88 5 2 . )
14-6 . 430 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- 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 on 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 way of civil action against the owner and person in
possession or control jointly and severally.
(Ord. 88- 88 S 2 . )
14-6 -434 Notice of assessment and abatement lien. The
county abatement 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 14-6 .4, Contra Costa County abated a public nuisance on
the parcel of real property described below, of which the named
person(s ) is 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. POSSESSOR(S) (if different from owner) : . . . . . . , . , ,
LAST KNOWN ADDRESS: . . . . . . . . . . . . . . . . . . . . . . . ... . o . .
3. DATE ABATEMENT ORDERED: . . . . . . . . . . . . . . . o . . . . . . . . .
4 . DATE ABATEMENT COMPLETED: . . . . . . . . . . . . . . . . . . . . . . .
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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- 88 §2 . )
14-6 .436 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 delinquency 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 to such property, shall be transferred to the unsecured
roll for collection.
(Ord. 88- 88 S 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- 88 S 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- 88 S 2 . )
SECTION III . Section 414-4 . 1007 of the County Ordinance Code is
amended to read:
414-4 . 1007 Enforcement - Nuisance abatement. Any
installation made or condition existing in violation of this
chapter or of standards or regulations established under Section
414-4 . 1003 is 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 . 88-88 S3, 81-56 S 1 . )
SECTION IV. Section 416-14 . 212 of the County Ordinance Code is
amended to read:
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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 . 88-88 5 4, 88-20 S 2. )
SECTION V. Article 416-14 .4 is repealed.
(Ords . 88- 88 §51 88-20 S2. )
SECTION VI . 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 ,_ S 6, 1459 : prior code 5 4528 . )
SECTION VII . Section 418-4 . 022 of the County Ordinance Code is
amended to read:
418-4 . 022 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- 8 S7, 1459 : prior code S4531 . )
SECTION VIII . Section 418-6 . 040 of the County Ordinance Code is
amended, to provide that the Auditor-Controller, and the Tax
Collector be notified of the assessment, to read:
418-6 . 040 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 ) of a parcel of land pursuant to this chapter, is not
pa*id 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 transmitted 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- 88 S8, 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)
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Pursuant to Government Code S 25845 and Ordinance
Code Chapter 418-6, Contra Costa County abated a solid
waste nuisance (S 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 #: . . . . . . . . . . . .
.
. . . . . . . . . . . . . . . . . . . . . .
[Otherdescription where
. . . . . . . . . . . . . . . . . . . . .
6 . AMOUNT OF ABATEMENT (ASSESSMENT) COST: $ . . . . . . . . . .
Dated: . . . . . . . . . . . . . . . . . . .
Contra Costa County
By: . . . . . . . . . . . . . . . . . . . . .
(Ords . 88-88 § 9, 85-12 §2 . ) (health officer) "
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 . 88-88 510, 81-30 S 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- 88511l 86-58 S3, 77-112 . )
SECTION XII . 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 NoticeofAssessment. The director of building
inspection shall record at the office of the county recorder and
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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 5 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) : . . . . . . . . . .
LAST KNOWN 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- 88 S12, 86-58 S 3, 77-112o )
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 or a 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.
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ORDINANCE NO. 88-88
(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 . 88-888, S13, 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 required alterations and improvements shall be completed
'within ninety days after the issuance of a permit to move
structures. The 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-_aL 514, 67-8: prior code S 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- 88 S 14, 67-8: prior code §7308:Ord. 1003 . )
714-6 .006 Penalty. Every violation of this division is
declared to be a misdemeanor, punishable on conviction according
to the provisions set forth in Section 14-8 . 004 .
(Ords . 88- 88 514, 67-8: prior code S 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- 88 §151 69-59 Sl . )
SECTION XVI . Section 1010-2. 004 of the County Ordinance Code is
amended to read:
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) Emergency 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- 88 S 16: prior code S 7601 : Ord. 1447 . )
SECTION XVII . EFFECTIVE DATE. This ordinance becomes effective
30 days after passage, and within 15 days of passage shall be
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ORDINANCE NO. 88- 88
. 1
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 November 29 , 1988 , by the following vote.
AYES: Supervisors Powers , Fanden, McPeak, Torlakson, Schroder.
NOES: None .
ABSENT: None .
ABSTAIN: None .
ATTEST: Phil Batchelor, Clerk
of the Board of Supervisors and
Count/y�Administrator
By:
1,
Deputy and Chair
[SEAL]
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ORDINANCE NO. 88- 88