Part 8 — Enforcement

Failure to comply with the following shall constitute a violation of this article:

• A. All orders issued by the community development resource agency pursuant to the provisions of this article;

• B. All conditions placed on grading permits;

• C. All rules and regulations of Placer County.

• (Ord. 5056-B, 2000; Ord. 5373-B, 2005; Ord. 5407-B, 2006)

• A. Established Nuisances Per Se. The board of supervisors of Placer County ordains that the following violations of this article constitute public nuisances:

  1. A violation has altered natural drainage patterns and has or will cause detrimental flooding to adjacent property or impacts to county maintained roadways; or

  2. A violation has created a threat to public health, safety or welfare.

• B. Nuisance Abatement Procedure. In accordance with California Government Code Section 25845, the Placer County board of supervisors establishes the procedure for abatement of a nuisance. Upon the discovery of a nuisance, county staff shall comply with the following procedures:

  1. Upon discovery of a nuisance, the owner of the parcel, and anyone known to be in possession of the parcel shall be given notice of the nuisance abatement proceeding. The notice shall provide for an opportunity to appear and be heard before the board of supervisors prior to the abatement of the nuisance by county.

  2. Notwithstanding the foregoing, nothing in this article shall prohibit the summary abatement of a nuisance upon order of the board of supervisors, 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 or safety.

  3. In any action to abate a nuisance, whether by administrative proceedings, judicial proceedings or summary abatement, the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred in abatement of nuisance. Recovery of costs pursuant to this subsection shall be in addition to and shall not limit any prevailing party's right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law. A prevailing party may also recover attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance, if the county elects at the initiation of the individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees

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Placer County, CA § 15.48.700

PLACER COUNTY CODE

4. If the property owner fails to pay the costs of the abatement upon demand by the county, the board of supervisors may order the cost of the abatement to be specially assessed against the parcel. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to this special assessment.

5. If the board of supervisors specially assesses the cost of the abatement against the parcel, the board also may cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the board of supervisors and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost.

However, if the board of supervisors does not cause the recordation of a notice of abatement lien pursuant to subsection (B)(5) of this section, and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrance for value has been created and attaches to that property, prior to the date on which the first installment of county taxes would become delinquent, then the cost of abatement shall be transferred to the unsecured roll for collection.

6. Recordation of a notice of abatement lien pursuant to subsection (B)(5) of this section, has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the board of supervisors, or any other county officer authorized by the board of supervisors to act upon its behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

7. The board of supervisors may delegate the hearing required by subsection (B)(1) of this section prior to abatement of a public nuisance, to a hearing board designated by the board of supervisors. The hearing board shall make a written recommendation to the board of supervisors. The board of supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors.

8. The board of supervisors may, by ordinance, delegate to a hearing officer appointed pursuant to Government Code Section 27720 the powers and duties specified by this section.

• C. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this article enacted pursuant to California Government Code Section 25845, except for conditions abated pursuant to Section 17980 of the health and safety code, the court may order the owner to pay treble the costs of the abatement.

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Placer County, CA

BUILDING AND DEVELOPMENT

§ 15.48.700

§ 15.48.740

• (Ord. 5056-B, 2000; Ord. 6175-B § 1, 2022)

• A. Whenever any person is performing work in violation of the provisions of this article, the agency director may issue a written order to the responsible party to stop work on the portion of the work where the violation has occurred or upon which the danger exists. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation.

• B. Upon receipt of such stop work order, the person performing the work shall:

  1. Stop work immediately; and

  2. Within 24 hours, provide the agency director with a list of remedies which can be immediately undertaken to bring the work into compliance with this article; and

  3. Within 24 hours after approval of a remedy by the agency director, undertake, at the violator's sole expense, such action as is necessary to bring the work into compliance with this article.

• C. If the responsible party fails to comply with the stop work order served pursuant to this section, the county may use any and all remedies available to it under this article, in law, or in equity, including but not limited to: shutting down all work on the site, performing the corrective work either with county crews or by contract, or arresting the responsible party for violation of this article.

• (Ord. 5056-B, 2000; Ord. 5407-B § 20, 2006)

Notwithstanding any other provisions of this code, any person violating any provisions of this article shall be guilty and punishable as provided in Section 1.24.010 of a misdemeanor. (Ord. 5056-B, 2000; Ord. 6219-B, 9/26/2023)

Whenever any work for which a permit is required by this article has been commenced without first obtaining the permit, the agency director shall require an investigation before issuing a permit for such work. In this case, the violator shall be charged for the department's labor and costs incurred during the investigation, in addition to the regular permit fees. (Ord. 5056-B, 2000; Ord. 5407-B § 22, 2006)

The agency director shall be authorized to delegate any of his or her duties under this article to other county officer(s).

(Ord. 5407-B § 23, 2006)

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Placer County, CA