HomeMy WebLinkAboutMINUTES - 06101997 - C19 gF: G C' I 1
Contra
TO: BOARD OF SUPERVISORS
-�' Costa
FROM: Victor J. Westman, County Counsel ;4° County
Diana J. Silver, Deputy County Counsel
Ospd.couK
DATE: June 2, 1997
SUBJECT: Nuisance Abatement Ordinance:amendments to attorneys'fees provision(C.C.C.Ord.Code§14-6.426)
and to confirm as alternative abatement procedure in Title 7 (C.C.C. Ord. Code § 72-6.020).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS: INTRODUCE, WAIVE reading, and FIX June 17 , 1997
to ADOPT ordinance amending attorneys' fees provision of county's uniform nuisance
abatement ordinance (C.C.C. Ord Code §14-6.426) to give county option to seek attorneys'
fees in abatement actions and confirming the uniform nuisance abatement ordinance as an
alternative nuisance abatement procedure in Title 7 of the Contra Costa County Ordinance
Code (C.C.C. Ord. Code §72-6.020).
FISCAL IMPACT: None known at this time.
BACKGROUND/REASONS FOR RECOMMENDATIONS: In 1996, the California
legislature added a provision to the statutory procedure for abatement of nuisances to provide
for the recovery of attorneys' fees by ordinance (Gov. Code §25845(c)). But if a county
ordinance provides for the recovery of attorneys' fees in nuisance abatement actions, it must
provide for recovery of attorneys' fees by the prevailing party and not limit recovery to the
county if it prevails. If, however, the ordinance limits recovery of attorneys' fees to actions
or proceedings in which the county, elects, at the time of the initiation of the particular action
or proceeding to seek recovery of its attorneys' fees, then recovery by the prevailing party
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUN 1 0 1997 APPROVED AS RECOMMENDED ✓ OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: ATTESTED JUN 10 1997
cc: Phil Batchelor, CAO
Val Alexeef, GMEDA
Dennis Barry, CDD
PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BAJ N'AY; ,�EPUTY
Cl9
will be limited to those individual actions. We have drafted an amendment to the county's ordinance to allow for
such an election at the beginning of each abatement action. We have included an amendment to the abatement
procedure in the building regulations (Title 7 of the Contra Costa County Ordinance Code) to confirm and clarify
that the nuisance abatement procedure set forth in Chapter 14-6 of the Contra Costa County Ordinance Code may
be utilized as an alternative to the abatement procedure specified in that title (C.C.C. § 72-6.020).
aAattysfee.mem
w
ORDINANCE NQ 97- —
(Uniform Nuisance Abatement
Ordinance-Attomeys' Fees)
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): [GovtC. §25120]
SECTION L SUMMARY An amendment to provide for the county to elect, at the initiation
of nuisance abatement proceedings whether to seek recovery of attorneys' fees as allowed by
Government Code section 25845(c) and to confirm the availability of the County's Uniform
Nuisance Abatement Ordinance as an abatement remedy in Title 7 of the Contra Costa
County Ordinance Code. --
SECTION TL Section 14-6.426 of the County Ordinance Code is amended to read:
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, 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 and reasonable attorneys' fees if the county has
elected to seek recovery of its attorneys' fees at the initiation of the proceedings. The
combined amounts shall be included in a bill and sant by mail to the owner, if not
paid prior thereto. The bill shall inform the owner that failure to pay the bill within
fifteen calendar days from the date of mailing may result in alien upon the property.
(Ord. 97-_ § 2, 88-88 §2; Gov. Code §25845(c)).
SECTION TTL Section 72-6.020 of the County Ordinance Code is amended to read:
Abatement pmcedum The procedure for the abatement of buildings declared to be
public nuisances pursuant to Section 203 of the Uniform Building Code (which is
ORDINANCE NO. 97-
-1-
adopted by reference in Division 74), or pursuant to Section 1001 of the Uniform
Housing Code (which is adopted by reference in Division 712) and Section 712-4.006
of this code, is the procedure specified in Article 6 (Action and Proceedings) of Sub-
chapter I (State Housing Law Regulations) of Chapter I of Title 25 (Housing and
Community Development) of the California Code of Regulations (25 C.C.R. §§ 48 ff.).
That procedure is adopted by this reference as though fully set forth herein and is an
alternative to enforcement by judicial proceedings. As an alternative to these
procedures, abatement may be performed pursuant to the County's Uniform Nuisance
Abatement Ordinance as set forth in Chapter 14-6 of this Code. (Ords. 97- _ § 3,
90-100 § 3, 82-23, 72-25, 71-76, 69-40, 1631: prior code § 7111: Ord. 1372).
SECTION IV. C W 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 and against it in the , a newspaper published in this County.
[§§25123 & 25124]
PASSED on , by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
DJS:kw [SEAL]
A AINYFEARD
ORDINANCE NO. 97-
-2-