Chapter 14-6 — CIVIL ENFORCEMENT

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. 88-88 § 2, 70-36 § 1: prior code § 1203).

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. 88-88 § 2; 70-36 § 1: prior code § 1203).

Article 14-6.4. Uniform Public Nuisances Abatement 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 § 2).

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 § 2).

(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 forty-five 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).

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 § 2).

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:

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 § 2).

The notice and order to abate will be served by the method specified either in subsection (a) or (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).

(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.

(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).

(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.

(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).

(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).

(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.

(c)

The decision of the board is final when mailed to the appellant.

(Ords. 2007-18 § 7, 88-88 § 2).

If the board decides that the order to abate should be enforced, that 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 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 § 2).

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).

(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 forty-five 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)).

(a)

If the bill is not paid within forty-five 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 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 ten 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).

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 § 2).

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 § 2).

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: _____

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: _____

(Ord. 88-88 § 2).

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 § 2).

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 § 2).

It is 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 chapter shall be deemed guilty of a misdemeanor unless, in the discretion of the prosecutor, it is charged as an infraction.

(Ord. 88-88 § 2).

Article 14-6.6. Treble Abatement Cost for Repeat Public Nuisances

In addition to all other remedies available under the law, including the penalties provided in this code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition that may be abated pursuant to Article 14-6.4, the court may order the owner to pay treble the costs of the abatement.

(Ord. 89-79 § 2; Gov. Code, § 25845.5).

Section 14-6.602 shall not apply to conditions abated pursuant to Health and Safety Code Section 17980.

(Ord. 89-79 § 2: Gov. Code, § 25845.5).

Article 14-6.8. Graffiti

This article and chapter provide for the removal of graffiti from public and private property and the board finds that graffiti is detrimental to property values and degrades the unincorporated area. Graffiti is inconsistent with the county's goals for property maintenance and maintenance of the county's development standards; is obnoxious, a public nuisance, and unless it is quickly removed from public and private property, results in other properties becoming the target of graffiti, thereby diminishing their value and reducing the ability of the county to meet the health, safety and welfare needs of its citizens.

(Ord. 99-48 § 1; Gov. C. §§ 25845, 53069.3(d)(2) and Civil C. § 1714.1).

As used in this article and chapter, the following terms have the meanings respectively ascribed to them:

(a)

"County abatement officer" means the director of building inspection (county building official).

(b)

"Graffiti" means the unauthorized writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on public or private buildings or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, curbs, traffic control devices, signs, and utility boxes, except as otherwise expressly permitted by this code.

(Ord. 99-48 § 1).

(a)

No person shall place graffiti upon any public or privately owned building or structure located on public or privately owned real property within the unincorporated area of the county.

(b)

No person owning or otherwise in possession or control of any real property within the county area shall permit or allow any graffiti to be placed upon or remain on any building or structure located on such real property when the graffiti is visible from any public street or other public or private property.

(Ord. 99-48 § 1).

Any act of willful misconduct of a minor which results in the unauthorized placement of graffiti on any public or privately owned building or structure in violation of Section 14-6.806 shall be imputed to the parents or guardian having custody or control of the minor. The parents or guardian having custody of the minor shall be liable for all damages so caused by the minor in a sum not to exceed two thousand dollars for each such act including therein, and not in addition, any county costs to remove the involved graffiti. Any court having jurisdiction to, and awarding civil damages pursuant to this section and Civil Code Section 1714.1, may provide in its judgment an order that as an alternative to paying the civil damage award, the involved parents or guardian and minor may agree with the county abatement officer to perform community services, including graffiti abatement in satisfaction in whole or part of the awarded civil damages.

(Ord. 99-48 § 1).

Where a property owner and/or other person(s) in possession or control of property with graffiti on it fail to abate the graffiti, the county abatement officer may proceed with and complete public nuisance abatement of the graffiti pursuant to Article 14-6.4 and this chapter.

(Ord. 99-48 § 1).

As an alternative to the method of removal of graffiti as provided above in this article and chapter, the county may appropriate funds to finance the removal of graffiti from publicly or privately owned real property within the county area, subject to the following conditions:

(a)

The county shall not authorize nor undertake to provide for the removal or painting over of any more extensive area than that where the graffiti is located.

(b)

Prior to the removal or painting over of the graffiti, the county shall obtain the written consent of the owner of the real property.

(c)

The graffiti must be visible from a public street or other public or private property.

(Ord. 99-48 § 1; Gov. C, § 53069.3).