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Home My WebLink AboutORDINANCES - 02091988 - 88-20 ORDINANCE NO. 88- 20 (Rat Control and Recuse Disposal ) The Contra Costa County 'Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTIONI . SLWMARY. Chapter 416-14 of the .County Ordinance Code , on rat_control, is renumbered in its entirety and amended to add a refuse accumulation nuisance abatement and cost collection procedure. SECTION II . Chapter 416-14 of the County Ordinance Code is emended to read: CHAPTER 416-14 --RAT CONTROL AND REFUSE DISPOSAL ARTICLE 416-14. 2 GENERAL 416-14 .202 416-14 .202 Refuse - Defined. As used in this chapter , "refuse" means all garbage , combustible and noncombustible waste, all putrescible solid or concentrated liquid waste, except sewage , originating from household, business , commercial , and industrial activity, and the admixture of sewage effluent or sewage sludge with any of the above . (Ord . 88-20 S2 : prior code S 4300 : Ord. 1444. ) 416_14`204 Refuse__ Accumulation�erohibited. (a) Every owner , lessee and occupant of any premises-shall keep the premises free of refuse , nauseous , foul or offensive odors , and/or accumu- lations of filth and/or decaying animal excrement , and upon noti - fication by the health officer shall remove and abate such nuisance within twenty-four hours , except as provided in subsec- tion W . (b) Refuse may be stored on any premises in cans which shall : ( 1) Be of watertight galvanized metal or other material of equivalent quality; (2) Have not more than a thirty-gallon capacity; ( 3) Have two handles adequate for lifting; (4 ) Be covered continuously with a tight-fitting cover with handle except when being filled or emptied; (5 ) Be kept clean by the users . Refuse consisting of industrial , horticultural or construction waste, or other accumulations of a size larger than the containers , herein specified, may be kept , collected and disposed of by any other means approved by the health officer . (Ords . 88-20§2 , 76-68 51 : prior code §4301 : Ords . 1444, 565, 3929 310, 112 . ) 416-14. 206 Refuse_- Dumping_erohibited. No person shall place refuse on any land in this county except as permitted by county ordinance. (Ord . 88-20_ S2 : prior code 54302 : Ord. 1444 . ) 416-14. 208 Exclusion of rats from structures . Every ---------- ---------- building, dock, wharf , and incinerator shall be so constructed and kept in repair as to prevent rats from entering and from being harbored within their walls or beneath their floors . (Ord. 88-20_ S2 : prior code §4303 : Ord. 1444. ) 416-14.210 Right_of_entry_by_health officer . The health officer`a`na-any agent or inspector appoin�ea`6y`him or by the board of supervisors , , after announcing the purpose of his visit , shall be permitted to enter any building or premises in this county between nine a.m. and five p.m. of any day for the purpose of inspection to ascertain whether the provisions of this chap- terhave bl8n complied with. (Ord . 88-___ §2 : prior code §4304: Ord. 1444. ) 416-14.212 Nuisance. Every condition existing in violation of this article is a nuisance, and in addition to any other remedy available under the law, may be abated in accordance with the pro- cedures i Article 416-14.4. (Ord. 88- �_ §2 . ) 416-14. 214 Emergency_abatem_ent. If the health officer finds that a violation has created an emergency condition constituting an immediate threat to public health and safety, he may abate the conditionumnarily and without notice . (Ord. 88-_'Z0§2,. ) ARTICLE 416-14. 4 ---------------- Abatement and Cost Collection ----------------------------- 416-14 .402 Notice of intention to abate nuisance. ---------- ------------------------------------- (a) Notice. The health officer shall serve written notice upon the owner and the occupant of the property on which a nuisance is occurring of the health officer ' s intent to abate such nuisance . The notice shall describe the nature of the violation and nuisance and demand that the condition be abated. (b) Contents . The notice shall contain an estimate of the cost of the abatement ( including administrative costs) , a state- ment that this cost may be levied as a special assessment on the owner ' s parcel , and a statement of the owner ' s and occupant ' s hearing rights , including a statement that the involved person may appear in person or submit a sworn written statement . (c) Mailing notice to owner . The notice to the owner spe- cified in this section shall be deemed served when it is deposited in the United States Post Office with postage prepaid, and addressed to the person (owner ) entitled to notice at his last known place of address as shown on the current assessment roll of the county. If no such address is there shown or known, then to General Delivery , Contra Costa County, California and by posting on the pre,Tnii ses . (Ord. 88- x((11 §2 . ) 416-14. 404 Hearing_reguest . Within ten days after the mailing date of the notice of intention to abate nuisance , the owner or occupant may, in writing, request a hearing before the health officer (hearing officer ) on the quesitons of abatement and costs . (Ord. 88- 20 §2 .) 416-14.406 No Hearing. If the owner or occupant has not abated the condition, and no request for hearing is received within the 10-day period, the health officer is authorized to abate the condition . Thereafter , the costs of abatement may be collected�ursuant to this article. (Ord . 88- §2 . ) 416-14. 408 Hearing notice. When a hearing is requested, the hearing officer shall mail notice of the hearing at least ten days before the hearing date to the involved owner and occupant , if they are n� the same person. (Ords . 88-.--S2 . ) -2- ORDINANCE NO. 88`20 r, _ 416-14.410 Hearing. All hearings under this article shall be ---------- ------ held before a hearing officer who shall receive all evidence he deems material , including the condition of the property, and the estimated cost of abating the condition. The hearing officer shall not be limited to the technical rules of evidence. The involved owner and/or occupant may appear in person or present a sworn written statement in time for consideration at the hearing. (Ord. 88-20 S2 . ) 416=14. 412 Decision. At the conclusion of the hearing, the hearing UT cer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purpose of this chapter . He may delay the time for abate- ment if in his opinion , the circumstances justify it. At the conclusion of the hearing, the hearing officer may find that there is in existence, a situation in violation of this chapter , order said condition abated, and determine the cost of abatement to be charged agains-t the landowner . The order shall include a descrip- tion of the situation to be abated, the names of the owner and occupant , if any, and the parcel involved. The written order of the hearing officer ( including a determination on the costs of abatement ) shall be mailed to the owner and any interested party who made $ _presenation at the hearing. (Ord . 88-_--52 . ) 416_14`414 Appeal . The owner and/or any involved person may appeal the hearing officer ' s decision to the board of supervisors by filing with the hearing officer , a written notice of appeal within ten calendar days after his decision. The hearing officer shall promptly transmit the proceedings to the board of super- visors . Upon receipt , the board' s clerk shall promptly give writ- ten notice of the time and place of the hearing to the appellant , the hearing officer and any other involved person. The board shall promptly hear such appeal , and may affirm, amend or reverse the order or take other action it deems appropriate . It shall not be limitel by the technical rules of evidence. (Ord. 88-=0 S2 . ) 416-14 . 416 Final abatement action. If the hearing officer finds that the owner and involved person, if any, has maintained or allowed a condition to exist in violation of Article 416-14.2 , and a timely appeal is not taken from such decision or the hearing officer ' s findings and decision are sustained by the board, the health officer may undertake action to abate the condition as authorizel by the hearing officer or board. (Ord. 88-=4- 52 . ) 416-14. 418 Cost record. The health officer shall keep an - ------- i-- - account of the charges R;-Incurs for each parcel of real property served, including his administrative costs incurred for the abate- ment of nuisances pursuant to this chapter . (Ord. 88-ZO-52 . ) 416-14.420 Administrative exeenses . The administrative Costs in any abatement proceeding conducted pursuant to this chapter shall be based upon the actual expenses incurred by the health officer . However, such costs shall not exceed the estimate in the cost notice (Section 416-14.402) or the written decision (Section 416-14.41J2, whichever is greater . (Ord. 88---- S2 . ) 416-14.422 Lien and collection. If the abatement cost ( including administrative costsS which is charged against the owner and occupant, if any, of a parcel of land pursuant to this chapter is not paid within thirty days after the date of the health officer ' s order or the final disposition of an appeal therefrom, such cost shall be and is assessed as a special assessment against the parcel of land pursuant to Government Code Section 25845, which cost shall' be transmitted to the county tax collector for collection with the same priority as other county taxes . (Ord. 88-_2Q 52. ) -3- /}�� ^/ AT T t 1T♦1T/1T] 1T^ V 8-2 O 416-4. 424 Notice of assessment and abatement lien. The healTE-oTTTcer 'sfi'aTT—TTT—ee-wi