HomeMy WebLinkAboutMINUTES - 04102007 - C.17 - O: BOARD OF SUPERVISORS '��"'SE L"°� Contra
:. _ .
FROM: Silvano B. Marchesi, County Counsel Costa
o.
DATE: April 10, 2007 ' }�= titik°
��sr'4 COUIZ'�SCP
County
SUBJECT: Amendments to Nuisance Abatement Ordinance
C. l �-
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT Ordinance No. 2007-18, amending the County's nuisance abatement ordinance and related
ordinances to authorize the recording of certain notices, allow additional time for the payment of
abatement costs, modify hearing procedures, and increase the amount of certain infraction fines.
FISCAL IMPACT:
The attached ordinance increases infraction fine amounts for violations of building and safety
ordinances in Title 7 and Title 8 of the Ordinance Code. The amount of additional fines recovered
will depend on the number of violations.
BACKGROUND:
The attached ordinance, Ordinance No. 2007-18, amends the County nuisance abatement
ordinance and related ordinances to make abatement actions and hearings consistent with the
California Government Code and with current County code enforcement practices.
Section 14-6.414 of the attached ordinance authorizes the county abatement officer to record a
"notice of pending nuisance abatement proceeding" with the County Recorder when abatement
proceedings begin. Under section 14-6.414, if a notice of pending nuisance abatement proceeding
is recorded, a "notice of final disposition" will be issued when the nuisance abatement proceeding
has been completed.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
-----------------------------------—----------------------------------------------------------------------------------------------------------------------------------------
_L,�-kECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
,-APPROVE OTHER
SIGNATURE(S): r
---------------------------- *Vrl
--- ---- --------=-------------------------------------------------------------;;�------
OF BOPD N /O APPROVE AS RECOMMENDED OTHER
7UNANIMOUS
OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE.DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
a
ATTESTED. ��Y1// la/
CONTACT:Thomas L.Geiger,(925)335-1813 J N CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: County Administrator
Building Inspection
Community Development
BY V� DEPUTY
H.\2007\Cade En(orcemem\abate ordinance amend-board order3.wpd
Board of Supervisors
April 10, 2007
Page 2
Section 14-6.418 of the attached ordinance provides that an abatement appeal hearing before the
Board of Supervisors need not be conducted according to technical judicial rules relating to
evidence, witnesses and discovery. The existing abatement appeal hearing procedure provides for
a more formal procedure, including the cross-examination of witnesses through the chair and other
rules. However, appellants rarely request that these rules be followed. The hearing procedure in
the attached ordinance is consistent with several court decisions holding that abatement hearings
need not be conducted under formal judicial procedures. (Mohilef v. Janovici(1996) 51 Cal. App.
4th 267; E.W.A.P., Inc. v. City of Los Angeles (1997) 56 Cal. App. 4th 310.) The hearing procedure
under the revised section 14-6.418 gives appellants the opportunity to present oral and written .
testimony and other evidence, and to present oral and written argument. Any relevant evidence
may be admitted at the hearing "if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs," and irrelevant or repetitious evidence may be
excluded from a hearing.
Under section 14-6.426 of the attached ordinance, if the County abates a nuisance, a property
owner has 45 days to pay abatement costs before a lien is placed on the property for unpaid fees,
costs, or charges. This section was revised to be consistent with Government Code section 54988,
which requires a county to give property owners at least 45 days to pay an abatement bill before the
county obtains a special assessment and lien.
Sections 14-8.004 and 14-12.006 of the attached ordinance increases infraction fine amounts for
violations of building and safety ordinances in Title 7 and Title 8 of the County Ordinance Code.
Under these revised code sections, infraction fine amounts are $100 for a first violation, $500 for a
second violation of the same ordinance within one year, and $1,000 for each additional violation of
the same ordinance within one year. These fine amounts are authorized by subsection (c) of
Government Code section 25132.
H:\2007\COde Enforcement\abate ordinance amend-board order3.wpd
RPR 12 2007 11 : 56 FIR CONTRA COSTA TIMESP . 02
59 1-84913 TO E4335 I S 13
C
ORDINANCE NO.2007-18 that, In addition to a re- the county abatement of. cuted under penalty of
view of the costs of ficer will servo a copy of Perlury And contain a
NUISANCE ABATEMENT abatement, the board the recorded notice. dec(aration as to the
PROCEDURES shall also hear and deter- truthfulness and correct-
mine any issues relative W If a notice of pending mess of the Information
The Contra Costa County to the necessity for the nuisance abatement pro. contained in the form:;.
Board of Supervisors or. abatement or the manner ceeding Is recorded, the The clerk of the board
claims as foligw!i(omitting In which the Property County abatement officer may grant the appellant
the Parenthetical foot- was declared to be a pub. shall serve on the record up to three business(Says
notes from the of"Cial Ilc nulsange and summa- owner of the property a beyond the expiration of
text of the enacted or rIly abated.(Ord$,2007-18 notice of final dIS0951tion the appeal period to com-
amended SZ,58.88§2.) when the nuisance plete and Submit the tee
Provisions of abatement rjroceedlnu waiver forms,
the County Ordinance ,provided
Code): SECTION 1111. Section 14- has been completed, In. the avoeal was timely
6.412 of th4 County Ordl- eluding any appeals and Pled. The appear fee will
SECTION L SUMMARY. nance Code Is amended the Completion of any be walved upon the time-
This ordinance amends to read: work necessaryabate ly submittal of the co .
the County nuisance the nuisance. 1the corm
.the worK pleted fee watwr forms.
abatement ordinance and 14-41A U Service, The no. to atmie, the nuisance 15
related Ordinances to tice and order to abate performed at County ex. (c) Failure to submit the
make the abatement Drift- will be served by the dense, the notice of final completed fee waiver
nance consistent with the method specified either disposition need not be :5 or
Day the appeal
California Government In subsection (a) Or sub- Issued until those costs fee In a timely manner
Code and with current section(b). have been paid of a Hen shall Cause the appeal rc.
County code enforcement fur those costs has beenest to be automatically
Practices, This ordinance (a) Certified mall and recorded.The notice a �enled. Enforcement of
authorizes county postIng.Certifled mall will nal disposition may be re- the order to abate may
abatement officers to re- be&CareSseci to the own• corded by any
party that then proceed as If no ap.
Cord a"notice of pending er at the address shown was served with the no- peal ratiVeSt had been
nuisance abatement Pro- on the last equalized as- tiro of pending nuisance submitted.
ceedina" when an sessment roll or as other- abatement proceeding,
abatement proceeding Is wise known, and ad. (d) Upon the filing Of a
commenced and Issue a dressed to anyone known All notices specified In timely and complete ap-
to the county abatement W be served peal. Incluclint payment
"notice of final disp th s,section will
�51
tion"after a nuisance as officer to be In posscS• In the manner specified In of the appeal e or sub-
been abated. This Ordl- cion of the propertyat Section 14_6.412. mission of completed fee
nance provides that an the Street address of waiver forms,the clerk of
abatement a Deal hear- property Ing abated, . (d) A county abatement the board Will set the
In ge conduct- Service Is tilearned Com- officer Is not reQuired to matter for hearing before
Ino need not
o according to technical pleted upon the deposit record a notice of vend• the board. The clerk of
Judicial rules relating to of the notice and order to Ing nuisance abatement the board wiI notl the
evidence, witnesses and abate, postage pre-paid, proceeding before issu. parties In wrW ng 1) the
discovery.This ordinance in the United States malt. Ing 21 notice and order to date and locVom of the
Provides that when the Simultaneously, the no- abate pursuant to Section hearing at least ten days
County abates a nut- lice and order to abate 14-6.410. Ards. 2007-18 rior to the hearing date.
sante, the orolie own- may be sent by regular 54,98-SS 92.) Further abatement action
er has 45 ,,,r7, ... matt.If the notice and or- shall be stayed until the
abatement Costs before a der to abatel sent by cee- SECTION V. Section 7.4. appeal is acted upon.
lien IS placed on the prop- tilled mall IS returned un- 6,416 of the County Ordi-
noa stoned. then service is nance Code Is amended (e) if the appeal fee Is
deemed effective pur- to read-. d and the board finds
suant to regular paid
15 no Public nut-
e�y 'or nance unpaid costs
'building
- C_e
T,is fine amounts
mail,
tons I
for viola . build Posting Of the notice and 24-"16 Appeal proce- s,fe the aTpea( fee
and safety ordl a rl� dirra� 1 6 1 e
d T n n in order to abate will be shalt e refunded to t
Title a i t
. , an Ili, con.5olcuousJy on or in appellant without t%
Ordinance Code, front of the property. If (a) Any owner or other payment of any Interest
the property has no front- person In possession of that could have accrued.
SECTION IL Section 14- age, posting will be on tNetgroperty may appeal
6.406 Of the County ordi- the portion of the proper- to e board within the The failure to file a
nance Code Is amended t� nearest to a street, number of days specified timely and complete ap.
to read- highway,or road,or most In the notice and order to peal of a notice and order
likely to give actual no- abate. The appeal shall to abate shall be deemed
144"M Summary %lee to the owner. The be -submitted In writing, to be a failure to exhaust
abatement f"llure of a person to re- ,�pecify the grounds upon administrative rerriedles,
1-1111, a properly act- which the appear is taken (Ords. 2007-18 §5, 88-88
(a) Nothing In this article dressed service Shall not , contain the name ad- §2.)
prohibits the summary affect the validity of the dress and teleolione
abatement of a nuisance proceedings. number of the appellant, SECTION VL Section 14-
upon order of the board and be filed with the cleric 6A18 of the County Oedl.
I'mr,of any Oth- (b)Personal service.Per- of the board. nance Code Is amended
or up county officer author- sonal service Is deemed to read;
"' ya (b) An appeal filed with
I.,d b w to Summarily complete on the date the
abate
nuisances, If the notice Is personally the clerk of the board 14-6AIS Hearing proce-
board or officer deter- served.(Ords.2007-16§3, must be accompanied by dure.
mines that the nuisance Wj.&B§2.) an appeal fee The
constltuteS an Immediate amount of the appeal fee (a) At the hearing before
throat to public health SECTION IV. Section 14- he determined peri- board, the appellant
odk:ally by the b Nard e
Usafety. the
_
An 6,414 of thi County Ordl wilt b given the upportu
nance Code Is amended based upon the costs in- pity to present oral and
(b)if a public nuisance Is to read: curred by the county In written testimony and
summarily abated, the processing appeals pur- Other evidence. and to
countabatement officer 14-fiA14 Recording. 5uant to 15 article. The present oral and written
keepshall an account Of Calculation will Include all argument.
the cost of abatement (a)The county abatement costs of the county
and bill the Property own- officer may record with abatement officer the (b).The hearing need not
er for the cost of the Contra Costa County clerk of the board, and be conducted according
abatement The bill shall Recorder a notice of any Other county depart- to technical Judicial rules
be sent by Certified Mall pending nuisance ment that Is Involved in relating to evidence, wit-
to the last known address abatement proceeding. A the procezising of ap- riessos and d1scove,
of the Property owmer.si- notice of pending nui- peals.but will exclude ac- Any relevant evidence
multaneously, the bill sante abatement pro- tual costs for any work of may be admitted If it Is
may b� sent by regular ceedin;i will de�scrlbc the abate� ent 11 the Appel- the sort Of evidence on
mats. 1 the bill sent b rotierty arid ho condl- Jant cralms an economic which responsible per-
certlffed mall is retyrri tion In violation of the hard.5hip In paying the sonsareaccustomed to
unsigned, en cMco Is code. Before recording a appeal Submit
the appellant rely he conduct of Se-
acemed effect ye our- notice of pendingnut- TELY 3 m rlous affair% regardless
it an applic'j-
suant to regular mall, sance abatement pro, on for waiver of the an- of the existence of any
ceoding, the countpeal fee on forms provId- Common law or Statutory
will
(c) if the bill IS not nald abatement officer I ed by the Clerk of the rule that might make im-
within 45 days from the Serve on the record own- board for that purpose. proper the admission of
date of mailing,tiro coun- er or the property a no- The forms will be sub- a evidence over objec.
ty aba temen to ffl�le C til c e of intent to record a stantlaliy sirrillar to th9se tion In civil actions.Irrole-
.Pro Bed to obta n r-ay notice of pending nut- required of lltluarit5 Ini. Vant or unduly repetitious
Ilat
d ll� sante abatement pro- Ing court 2110ccedinas evidence may lic exclud-
against the owner's OV In forma paUPPrIS
11 ceeding. Following re- _pur-- ed, The board may, from
11 In Accordance cgrdatlon of a Ice of syant to Section 68511.3 time to time. adopt pro-
thT procedures set forth pending "Z)Sance o the GovemmCnt Code. cedures to covern hear
in this article, except abatement proccedino, The forms shail be exe- 11195 In further di:.all.
APR 12 2007 1 1 : 57 FR CONTRA COSTA T I fit' _ 594 18488 TO 9335191 :3 P . 83
spectlon and relnspection to rod: tion of the violation. The owner will be served
(W The hearing may be Costs, the appeal fee if It with the N9tice of Fine as
continued from time to had been waived Pur. 14-'a*" vfotatlon - Pun- (4) A description of how specified In section 14•
time upon the request of suant t0 Section 14-6.416, IShMgnL the violation can be Cor- MOM The notice of fine
a party to the hearing and and attorneys' fees If ap- rected. will include all of the fol-
upon a showing of good Plicable. (a)Infractions, (owing Information:
cause. (Ords, 2007-18 g6, (5) A specified time Red-
as-8892.) (C) Attorneys' fees may (1) Except as otherwise od Of at least 10 calendar (1)The date of the vlola-
be recovered In a or �rovided by statute or days, beginning on the tion.
SECTION yw Section 14• ceeding under this artic�e his node eve�Y Infrac service date, within
6-420 of the County Ordl- If the CoS�my elects, at tion v olatl4n of this code which the violation must (2) The address or other
nance Code Is amended the Initlatlon of the pro. Is punishable by a fine be corrected. description of the 'loca-
to read: ceeding,to seek recovery not exceeding one hun- tion where the violation
of Its own attorneys'fees. dred dollars for a first vi- (6) An advisement that occurred.
146.420 Dedslon. If the County so elects, olatlon,a fine not exceed. the owner may be sublect
attorneys'fees will be re- Ing two hundred dollars to an administrative fine (3) The code section(s)
(a) At the conclusion of Covered by the prevalling for a second violation of under thlS chapter If the violated and a descrip-
the hearing, the board party" In no proceeding the same ordinance With• vlviatlon Is not corrected tion ofthe violatlon-
will reverse modify or at- Shall an award of attar- in one Year,and a flne not by the effective date,and
firm the determinatlons neys' fees exceed the exceeding five h ndred the amount of that fine. (4) The amount of the
of the county abatement amount of reasonable at- dollars for each at Linc,
officer and may direct the tomeys' fees Incurred by ai violation of the same (c) The director may Im-
county abatement officer the County In the pro- ordinance within one pose an auminlstrative (5) An advisement of the
to proceed and perform Ceeding. year, fine on the owner If any richt to request a hearing
the work of abatement if of the following occur, before the hearing exam-
not performed by the (d) The total abateme t (2)The amount of the time Inor Contesting the Impo-
owner or the person In c95ts shall be Included rn wlill be one hundred dol- (1) The violation Is not a sition of the fine.
posses lon of the proper- a bill and sent by certified lays for a first violation, continuing violation er-
tCyy within a prescribed pe• mail to the last known ad- five hundred dollars for a talnln9 to buli�ng, (a) The director may re-
Mod of time. dress of the property second vlulatlon of the plumbing electrical or quire Immediate
owner. Simultaneously, same ordinance within other slmllar Structural or abatement of a violation
(b) The decisiIon of the the bill may be sent by one arm and one thou- zoning Issues, Pursuant to Section 14-
board will be n writing , regular mall. If the bill sandy goilars for each ad- 6.406 of this Code if the A-
be based on the record Sent by certified mall Is dltional violation of the (2) The continuing 'vlola- ofation creates an imme-
and Include a statement returned unsigned, then same ordinance within tion has not been cprmct- diate danger to the health
of the factual and leGal service Is deemed effec- one year for Infraction vi- ed as specified In the no- or safety of persons or
basis of the decision.The tive pursuant to regular olations of the following tice of violation. property. (Ords. 2007-18
decision of the board will mall. The bill shatt inform building and safety or - 12, 2002.47 g3, 2000-21
be flied with the clerk of the owngr that failure to nances: (3) The continuln viola- 521)
the board following the pay the ill within 45 cal- tion was correcyed as
conclusion of the hearing• entlar days from the date (A) Any vlolatran of Ulvl- sppeelfled In the notice of SEC"ON XII. EFFEfTINE
A copy of the decision
of mailing may result in a slop 72,74,Yfi,78 710,712 vlolatlon but a violation DATE. This ordinance be-
will be sent by first-class Ilen upon the property, or 714. of the Same code section comes effective 30 days
mail to the appellant at (Ords. 2007.10 §9, 97.19 continues exists or oc- after ibassaeje, and within
the address Specified in2 86-68 §2: Gov. Code § (B)A violation of Dlviglon curs within one year of 1 days after Passage
the appeal,and by mall tp Mi$ (c).) 822 or 84, where the viola• the effective date, sh=ill be published Once
each party appearing at tion is a building or strut- with the names of super-
the hearing. The county SECTION x. Section 14. tore erected, construct. (d)f=ine Amounts. visors voting for or
abatement officer Is re- 6-429 of the County Ordl- ed, altered, moved or against it In the Contra
sponslble for preparing, nance Code is amended maintained contrary to (1 The amoynt of the fine costa Times, a newsua-
maiting and filing the de- to read: Dlvlslon 82 or 84. w?ll be one hundred d01- per published in this
cislon. lar5 for a first violation, COUnty.
14-6►428 Re art and no- (b) Misdemeanors. ES:S5- two hundred dollars for a
(C) The decision of the tics of I+oarf.% cept as otherwise provhl- second violation of the PASSED ON Aprll 30,2007,
board Is final when ed by state law or this same ordinance within by the following vote:
mailed to the appellant (a If the bill IS not paid code every mi demeanor one year, and five nun- AYES: GIOIA, UILKEMA,
((Ords. 2007.18 §7, 8FS•88 Within 45 days from the vi0lallon Of this code Is dred dollars for each ad- GLOVER AND P1EPHO
§2). date of mailing,the coun- punishable by Imprison• dltlonal violation of the NOES:NONE
ty abatemgnt officer Shall ment In the county Jail for same ordinance within ABSENT:SUPERVISOR
SECTION VIIL Section 14- render an Itemized re ort not more than six one year, except as Pro- BONILLA
6A24 of the County Ordl, In wrtln� to the cler� of months, or by a fine of vlde. In Subsectlon (2)of ABSTAIN:NONE
nance Code Is amended the boar fur submittal to not more than one thou- this subsection(d).
to read: the board for hearing and sand dollars, or by both. ATTEST:JOHN CUL LEN,
conflrmatlon. The report (Ords. ZD07.18 911. 84.1& 12 The amount of the fine Clerk of the Board of
3aia24 Judlidal revlaw. shall include, at a rnlni- 76-51§1,70-35t 1457:prior will be one hundred dol. Supervisors and County
Judicial rovtew of the mum, the names and ad. code 8g1200 (part): see lars for a first violation, Administrator
board's final decision IS dresses of the possessor Govt. C 425132, VehlCle five hundred d01Iar5 for a
Me
b�+ California of the property and all Code �420o1(a). and PC- second violation of the John Glola
ode of Civil Procedure persons having any re- nal Co a 519J Same ordinance within Board Chair
sections 1094,5 and 1494.6 cord interest In the prop- one year, and one thou-
(Ords. 2007.16 5a, 66.66city (including but not SECTION X11, Section 14- sand dollars for each ad- By:E.L.Sharp [5EAL1
Q2). Ilm ted to, holders of 12.006 of the County Ordl- dltlonal vlglation of the Deputy
Ma rt or deeds of nance Code Is amended same ordinance within topgalCCT 2316808
SECTION M. Section 14- trust), the date upon to read: one year for Infraction vl- Pubilsh April 16,2007
6-426 of the County Ordl- which the abatement of olatlons of the foltowin9
nance code Is amended the nuisance was or- 14-12-0" Admin►strauve building and safety ordl-
to read: dared, the date the Fines nances:
abatemgnt was complete
14426 Abatenrernf by a description of the real (a)The director Is author- (A) Any V)o)atlon of Dlvl-
County- rvper-tY sublect to the Ized to determine wheth- sion 72,74,76.76,710,712,
rien, and the total er a violation of this code or 714,
(a) Upon the failure, me- abatement costs. exists with respect to any
Plett or refu al to proper- property. (e)A violation of Division
y comply with the order (b) At least 10 drys prior 82 a.64,where the vlola-
tv abate within the ore- to the hearinR, the clerk (b) If the violation Is a tion Is a building or 5true-
scribed time period the of the board shall give Continuing violation pper- ture erected, construct-
county abatement O�flCer notice, by certified mall, Mining t0 bull d110, ed. altered, moved or
may cause tq be done of the heariqu to all per• plumb ng electrical or maintained contrary to
whatever work is neces- sgns named In the county other slmllar struCturat or plvislon 62 or a4.
sary to abate the public abatement officer's re- zoning Issues, the dlrcc-
nuisance. An account Of port The notlee shall be for may serve a notice of (e) Acts, omissions, or
the cost of abatement prepared by the county violation on the owner as conditions In violation of
shall be kept for each abatement officer and Specified In,section 14- this code that continue,
separate assessor S psi Shall describe the proper- 12.01& The notice of vlo- exist, or occur on more
cel Involved In the, ty by aSse350r's parcel lation will Include all of than one day constitute
abatement, number and street num- the following Infoma- 5eP arate vlolatlons and
ber or some other de• tion: o%nses on each day"VI-
(b) when the county has Scription sufficient to en- olatlons continuing,exlst-
completed the work of able Identification of the (1)The date of the vivia- Ing, or occurring on the
abatement, or has paid bronerty and contain a tion service date,the effective
for the work, the total stat rnent Of the amount date, and each dds, be-
abatement costs Shall be of the proposed assess- (2) The address or other tween the service date
charged to the owner of most. (Ord5. 2007-16§10, description of the logia- and the effective date are
the Property. "'Total 88-88§2.) tion where the violation separate vlolation5.
abatement costs" means occurred-
the costs of the actual 5KCTION XL Section 14- M An administrative fine
w9qrk of abatement, ad- 6.004 of the county Ordi• (3) The code sections) will be assessed by
mlrllstrative costs, In- nance Code Is amended violated and a de 0- means of a notice Of fine.
* + TOTAL PAGE . 83 k
52584384~8
AFR, 1'2 2007 1 1 : 58 FR CONTRA COSTA TIMES
? _'5,9438498 TO 93:351 ,31 - F . 0 1
Contra Costa Newspapers
'
ATTN. Legal Dept,
P-4. Box 4 718
Walnut geek, CA 94596
cc gals ce imes-Coni
facs e .
To: EM'Y'L. SHARP Fax: 925-335-1913
From: JENNI MER VALAHU Date: 41112/2007
Re: ORDINANCE 2007-18 Pages: 3
CC:
rgent )(For Reyew ° Please Comment ° E) Please I4elaly O Please Recycle
.v` T
ti
ti aRvig is a copy of the text that will be published on Monday,April 16. Please review
ti
me know if you need,ny corrections.
v
,6a you,
Jennifer Valahu 925-943-8061
. . . . . . . . . . . . . . . . . . . . . . .
w•�E L
- LEGAL PUBLICATION REQUISITION j
Contra Costa County
. rTq COL1K� - 1 '
41
FROM: Clerk of the Board TO: Contra Costa Times
651 Pine St., Room 106 P.O. Box 471.8
Pine Street, Martinez 94553 Walnut Creek, CA 94596
E-MAIL: cctlegals@cctimes.com
FAX No. 925-943-8359.
Requested by: EMY L. SHARP Date: APRIL 10, 2007
Phone No.: 925-335-1903 Reference No.: ��
Org.: Sub Object: 2190 Task: SAS Activity:
Publication Date (s) APRIL 16, 2007
No. of Pages: (10)
LEGAL PUBLICATION ADOPTION OF ORDINANCE NO. 2007-18'�
"FAX"
*** Immediately upon expiration of publication, **
send in one affidavit for each publication in
order that the auditor may be authorized to pay you bill.
Authorized Signature: ZA
Please confirm date of publication and receipt of this fax.
ORDINANCE NO. 2007-18
NUISANCE ABATEMENT PROCEDURES
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 the County nuisance abatement ordinance
and related ordinances to make the abatement ordinance consistent-with the California
Government Code and with current County code enforcement practices. This ordinance
authorizes County abatement officers to record a "notice of pending nuisance abatement
proceeding"when an abatement proceeding is commenced and issue a"notice of final
disposition" after a nuisance has been abated. This ordinance provides that an abatement appeal
hearing need not be conducted according to technical judicial rules relating to evidence,
witnesses and discovery. This ordinance provides that when the County abates a nuisance, the
property owner has 45 days to pay abatement costs before a lien is placed on the property for
unpaid costs. This ordinance increases infraction fine amounts for violations of building and
safety ordinances in Title 7 and Title 8 of the Ordinance Code.
SECTION II. Section 14-6.406 of the County Ordinance Code is amended to read:
14-6.406 Summary abatement.
(a) 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.
(b) If a public nuisance is summarily abated, the county abatement officer shall keep an
account of the cost of abatement and bill the property owner for the cost of abatement.
The bill shall be sent by certified mail to the last known address of the property owner.
Simultaneously,the bill may be sent by regular mail. If the bill sent by certified mail is
returned unsigned, then service is deemed effective pursuant to regular mail.
(c) If the bill is not paid within 45 days from the date of mailing, the county abatement
officer may proceed to obtain a 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. (Ords. 2007-18 §2, 88-88 § 2.)
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SECTION III. Section 14-6.412 of the County Ordinance Code is amended to read:
14-6.412 Service. The notice and order to abate will be served by the method specified either in
subsection (a) or subsection (b).
(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, 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 is deemed completed upon the
deposit of the notice and order to abate, postage pre-paid, in the United States mail.
Simultaneously, the notice and order to abate may be sent by regular mail. If the notice
and order to abate sent by certified mail is returned unsigned, then service is deemed
effective pursuant to regular mail. Posting of the notice and order to abate 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. The failure of a person to receive a properly addressed
service shall not affect the validity of the proceedings.
(b) Personal service. Personal service is deemed complete on the date the notice is
personally served. (Ords. 2007-18 §3, 88-88 §2.) -
SECTION IV. Section 14-6.414 of the County Ordinance Code is amended to read:
14-6.414 Recording.
(a) The county abatement officer may record with the Contra Costa County Recorder a notice
of pending nuisance abatement proceeding. A notice of pending nuisance abatement
proceeding will describe the property and the condition in violation of the code. Before
recording a notice of pending nuisance abatement proceeding, the county abatement
officer will serve on the record owner of the property a notice of intent to record a notice
of pending nuisance abatement proceeding. Following recordation of a notice of pending
nuisance abatement proceeding, the county abatement officer will serve a copy of the
recorded notice.
(b) If a notice of pending nuisance abatement proceeding is recorded, the county abatement
officer shall serve on the record owner of the property a notice of final disposition when
the nuisance abatement proceeding has been completed, including any appeals and the
completion of any work necessary to abate the nuisance. If the work to abate the nuisance
is performed at County expense, the notice of final disposition need not be issued until
those costs have been paid or a lien for those costs has been recorded. The notice of final
disposition may be recorded by any party that was served with the notice of pending
nuisance abatement proceeding.
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(c) All notices specified in this section will be served in the manner specified in Section
14-6.412.
(d) A county abatement officer is not required to record a notice of pending nuisance
abatement proceeding before issuing a notice and order to abate pursuant to Section 14-
6.410. (Ords. 2007-18 §4, 88-88 §2.)
SECTION V. Section 14-6.416 of the County Ordinance Code is amended to read:
14-6.416 Appeal procedure.
(a) Any owner or other person in possession of the property may appeal to the board within
the number of days specified 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, and be filed with the clerk of the
board.
(b) An appeal filed with the clerk of the board must be accompanied by an appeal fee. The
amount of the appeal fee will be determined periodically by the board based upon the
costs incurred by the county in processing appeals pursuant to this article. The
calculation will include all costs of the county abatement officer, the clerk of the board,
and any other county department that is involved in the processing of appeals, but will
exclude actual costs for any work of abatement. If the appellant claims an economic
hardship in paying the appeal fee,the appellant may submit an application for waiver of
the appeal fee on forms provided by the clerk of the board for that purpose. The forms
will 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 in the forms. The clerk of the board may grant
the appellant up to three business days beyond the expiration of the appeal period to
complete and submit the fee waiver forms, provided the appeal was timely filed. The
appeal fee will be waived upon the timely submittal of the completed fee waiver forms.
(c) Failure to submit the completed fee 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.
(d) Upon the filing of a timely and complete appeal, including payment of the appeal fee or
submission of completed fee waiver forms, the clerk of the board will set the matter for
hearing before the board. The clerk of the board will notify the parties in writing of the
date and location of the hearing at least ten days prior to the hearing date. Further
abatement action shall be stayed until the appeal is acted upon.
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(e) 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 that could have
accrued.
(f) The failure to file a timely and complete appeal of a notice and order to abate shall be
deemed to be a failure to exhaust administrative remedies. (Ords. 2007-18 §5, 88-88 §2.)
SECTION VI. Section 14-6.418 of the County Ordinance Code is amended to read:
14-6.418 Hearing procedure.
(a) At the hearing before the board, the appellant will be given the opportunity to present oral
and written testimony and other evidence, and to present oral and written argument.
(b) The hearing need not be conducted according to technical judicial rules relating to
evidence, witnesses and discovery. Any relevant evidence may 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 that might
make improper the admission of the evidence over objection in civil actions. Irrelevant or
unduly repetitious evidence may be excluded. The board may, from time to time, adopt
procedures to govern hearings in further detail.
(c) The hearing may be continued from time to time upon the request of a party to the hearing
and upon a showing of good cause. (Ords. 2007-18 §6, 88-88 §2.)
SECTION VII. Section 14-6.420 of the County Ordinance Code is amended to read:
14-6.420 Decision.
(a) At the conclusion of the hearing, the board will 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.
(b) The decision of the board will be in writing, be based on the record, and include a
statement of the factual and legal basis of the decision. The decision of the board will be
filed with the clerk of the board following the conclusion of the hearing. A copy of the
decision will be sent by first-class mail to the appellant at the address specified in the
appeal, and by mail to each party appearing at the hearing. The county abatement officer
is responsible for preparing, mailing and filing the decision.
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(c) The decision of the board is final when mailed to the appellant. (Ords. 2007-18 §7, 88-88
§2)•
SECTION VIII. Section 14-6.424 of the County Ordinance Code is amended to read:
14-6.424 Judicial review. Judicial review of the board's final decision is governed by California
Code of Civil Procedure sections 1094.5 and 1094.6. (Ords. 2007-18 §8, 88-88 §2).
SECTION IX. Section 14-6.426 of the County Ordinance Code is amended to read:
14-6.426 Abatement by County.
(a) 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.
(b) When the county has completed the work of abatement, or has paid for the work, the total
abatement costs shall be charged to the owner of the property. "Total abatement costs"
means the costs of the actual work of abatement, administrative costs, inspection and
reinspection costs, the appeal fee if it had been waived pursuant to Section 14-6.416, and
attorneys' fees if applicable.
(c) Attorneys' fees may be recovered in a proceeding under this article if the County elects, at
the initiation of the proceeding, to seek recovery of its own attorneys' fees. If the County
so elects, attorneys' fees will be recovered by the prevailing party. In no proceeding shall
an award of attorneys' fees exceed the amount of reasonable attorneys' fees incurred by
the County in the proceeding.
(d) The total abatement costs shall be included in a bill and sent by certified mail to the last
known address of the property owner. Simultaneously, the bill may be sent.by regular
mail. If the bill sent by certified mail is returned unsigned, then service is deemed
effective pursuant to regular mail. The bill shall inform the owner that failure to pay the
bill within 45 calendar days from the date of mailing may result in a lien upon the
property. (Ords. 2007-18 §9, 97-19 §2, 88-88 §2; Gov. Code § 25845(c).)
SECTION X. Section 14-6.428 of the County Ordinance Code is amended to read:
14-6.428 Report and notice of hearing.
(a) If the bill is not paid within 45 days from the date of mailing, the county abatement
officer shall render an itemized report in writing to the clerk of the board for submittal to
ORDINANCE NO. 2007-18
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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
total abatement costs.
(b) At least 10 days prior to the hearing, the clerk of the board shall give notice, by certified
mail, of the hearing to all persons named in the county abatement officer's report. The
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. (Ords. 2007-18 §10, 88-88 § 2.)
SECTION XI. Section 14-8.004 of the County Ordinance Code is amended to read:
14-8.004 Violation—Punishment.
(a) Infractions.
(1) Except as otherwise provided by statute or this code, every infraction violation of
this code is punishable by a fine not exceeding one hundred.dollars for a first
violation, a fine not exceeding two hundred dollars for a second violation of the
same ordinance within one year, and a.fine not exceeding five hundred dollars for
each additional violation of the same ordinance within one year.
(2) The amount of the fine will be one hundred dollars for a first violation, five
- hundred dollars for a second violation of the same ordinance within one year, and
one thousand dollars for each additional violation of the same ordinance within
one year for infraction violations of the following building and safety ordinances:
(A) Any violation of Division 72, 74, 76, 78, 710, 712, or 714.
(B) A violation of Division 82 or 84, where the violation is a building or
structure erected, constructed, altered, moved or maintained contrary to
Division 82 or 84.
(b) Misdemeanors. Except as otherwise provided by state law or this code, every
misdemeanor violation.of this code is punishable by imprisonment in the county jail for
not more than six months, or by a fine of not more than one thousand dollars, or by both.
(Ords. 2007-18 §11, 84-18, 76-51 §l, 70-36, 1457: prior code §1200 (part): see Govt. C.
§25132, Vehicle Code §42001(a), and Penal Code §19.)
ORDINANCE NO. 2007-18
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SECTION XII. Section 14-12.006 of the County Ordinance Code is amended to read:
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,
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) Fine Amounts.
ORDINANCE NO. 2007-18
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(1) The amount of the fine will be one hundred dollars for a first violation, two
hundred dollars for a second violation of the same ordinance within one year, and
five hundred dollars for each additional violation of the same ordinance within
one year, except as provided in subsection (2) of this subsection (d).
(2) The amount of the fine will be one hundred dollars for a first violation, five
hundred dollars for a second violation of the same ordinance within one year, and
one thousand dollars for each additional violation of the same ordinance within
one year for infraction violations of the following building and safety ordinances:
(A) Any violation of Division 72, 74, 76, 78, 710, 712, or 714.
(B) A violation of Division 82 or 84, where the violation is a building or
structure erected, constructed, altered, moved or maintained contrary to
Division 82 or 84.
(e) 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.
(f) 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.
(g) 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 or safety of.
persons or property. (Ords. 2007-18 §12, 2002-47 §3, 2000-21 §2.)
SECTION XIII. 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
ORDINANCE NO. 2007-18
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voting fir or against it in the Contra Costa Times, a newspaper published in this County.
PASSED on APRIL 10, 2007 by t1he fo.11 vving vote:
AYES: GIOIA,UILKEMA,
GLOVER AND PIEPIIO
NOES: NONE
'ABSENT': SUPERVISOR BONILLA
ABSTAIN: NONE
ATTEST: JOHN CULLEN,
L4,
—_Cleric of the Board of Supervisors BoarChair
and County Administrator
By: -- [SEAL]
eputy
TLG:
11.\2007Tode Lnforcetnent\abate ordinance amend-final2.wpd
t
ORDINANCE NO. 2007.18
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