Chapter 1010-10 — NUISANCE ABATEMENT

Article 1010-10.2. Notice

1010-10.202 - Abatement.

The enforcing officer may have nuisances abated and/or removed in accordance with the procedure prescribed in this division.

(Ord. 89-27).

1010-10.204 - Notice.

In the event of a violation of this division constituting a public nuisance, and in addition to other remedies and penalties provided in this code, the enforcing officer may deliver or mail, by registered or certified mail, to the owner of the property on which the violation occurred (or is occurring) and to any involved permittee, a ten-day notice of intention to abate the nuisance unless the owner does so within ten days after the notice is received. Notice shall be provided at the address of the owner as it appears on the last equalized assessment roll.

(Ord. 89-27: Govt. C. § 25845).

1010-10.206 - Content.

The notice shall contain:

(1)

A statement of the nature of the nuisance;

(2)

That the owner and any involved permittee must abate the nuisance within ten days or, if they fail to do so, the nuisance may be abated by the enforcing officer and the owner and any involved permittee shall be liable to the county for the costs thereof;

(3)

An estimate of the cost of abatement (including overhead and administrative costs);

(4)

A statement that this cost may be levied as a special assessment on the owner's land;

(5)

A statement of the property owner and any involved permittee's hearing rights and notice to them that they may appear in person at a hearing or by sworn written statement in lieu of appearing.

(Ord. 89-27).

Article 1010-10.4. Hearings and Appeals

1010-10.402 - Hearing requests.

(a)

Request. Within ten days after the mailing, delivery and receipt date(s), whichever is later, of the notice of intention to abate and remove, the property owner or possessor of the property and any involved permittee may request the zoning administrator for a public hearing on the question of abatement and the estimated cost thereof.

(b)

Notice. The zoning administrator shall immediately notify the enforcing officer of any such request.

(Ord. 89-27).

1010-10.404 - No hearing.

If no request for hearing is received within the ten-day period, the enforcing officer or any person the enforcing officer authorizes may abate the nuisance. Thereafter, the costs of abatement shall be collected pursuant to Article 1010-10.8.

(Ord. 89-27).

1010-10.406 - Hearing notice.

When a hearing is requested, the zoning administrator shall mail notice of the hearing at least ten calendar days before the hearing date, to the enforcing officer, the property owner, any known possessor of the property and any involved permittee.

(Ord. 89-27).

1010-10.408 - Hearings.

All hearings under this division shall be held before the zoning administrator who shall receive all evidence the zoning administrator deems material, including the condition of the property, the circumstances of the nuisance and the location and the estimated cost of the abatement. The zoning administrator shall not be limited by the technical rules of evidence. The property owner, any known possessor of the property or involved permittee may appear in person or present a sworn written statement, in time for consideration at the hearing.

(Ord. 89-27).

1010-10.410 - Decisions.

The zoning administrator may impose such conditions and take such other action as the zoning administrator deems appropriate under the circumstances to carry out the purpose of this division. The zoning administrator may delay the time for removal of the nuisance if, in the zoning administrator's opinion, the circumstances justify it. At the conclusion of the public hearing, if the zoning administrator finds that there is a nuisance, the zoning administrator may order it abated and/or removed as a public nuisance as hereinafter provided and determine the cost of abatement to be charged against the landowner. The order requiring abatement shall include a description of the nuisance.

(Ord. 89-27).

1010-10.412 - Notice of decision.

If an interested party makes a written presentation to the zoning administrator but does not appear, such interested party shall be notified in writing of the decision.

(Ord. 89-27).

1010-10.414 - Appeals.

(a)

The enforcing officer, the property owner, any known possessor of the parcel, or any involved permittee may appeal the zoning administrator's decision by filing with the zoning administrator a written notice of appeal, accompanied with any required fee, within ten calendar days after the zoning administrator's decision. The zoning administrator shall promptly transmit the proceedings to the board of supervisors.

(b)

The board's clerk shall promptly give written notice of the time and place of the hearing to the appellant and those persons specified in Section 1010-10.406.

(c)

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 limited by the technical rules of evidence.

(Ord. 89-27).

Article 1010-10.6. Final Abatement Action

1010-10.602 - Action.

This division's nuisances may be abated when:

(1)

Releases authorizing abatement and property cost collection have been signed by the involved property's owner(s); or

(2)

There is no replay to the notice of intent to abate by the end of the ten-day waiting period; or

(3)

The zoning administrator decides the nuisance is to be abated and no appeal is made to the board; or

(4)

After an appeal has been decided in favor of abatement.

(Ord. 89-27).

1010-10.604 - Cost record.

The enforcing officer shall prepare an itemized written account of all expenses, including administration and overhead, incurred to abate the nuisance where it is proposed to collect costs pursuant to Article 1010-

Until such report is completed, no abatement costs (including administration) will be placed as a

special assessment against the parcel of land.

(Ord. 89-27).

Article 1010-10.8. Cost Collection

1010-10.802 - Collection.

If the abatement cost (overhead, administrative and removal costs) which is charged against the owner of a parcel of land pursuant to Sections 1010-10.404, 1010-10.410 and 1010-10.414 is not paid within thirty days after the completed abatement, the date of the 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 shall be transmitted to the auditor-controller for collection with the same priority as other county taxes and to the office of the county recorder for recordation.

(Ord. 89-27).

1010-10.804 - Assessment notice abatement lien.

The enforcing officer shall file with the auditor-controller and county recorder a certificate substantially in the following form:

"NOTICE OF ASSESSMENT AND ABATEMENT LIEN (Watercourse Nuisance Abatement Cost)

  Pursuant to Government Code Section 25845 and Section 1010-10.802 of this code, Contra Costa County abated a nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the last equalized assessment roll or possessor, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment and abatement lien against said parcel for this amount.

1. OWNER(S) OR POSSESSOR(S): .....

2. LAST KNOWN ADDRESSES OF OWNER(S) OR POSSESSOR(S): .....

3. DATE ABATEMENT ORDERED: .....

4. DATE ABATEMENT COMPLETE: .....

5. PARCEL: Real property in Contra Costa County, California; County Assessor's parcel #: ..... (other description where needed): .....

6. AMOUNT OF ABATEMENT (ASSESSMENT) COST: $ .....

(Ord. 89-27).

1010-10.806 - Release and subordination.

An abatement lien created under this division may be released or subordinated by the enforcing officer in the same manner as a judgment lien on real property may be released or subordinated.

(Ord. 89-27: Govt. C. § 25845).