Contra Costa County Municipal Code Ch. 418-6 Mandatory Subscription

For purposes of this chapter, the following definitions shall apply:

(a) "Collector" means any person, municipality or governmental agency with a valid permit issued pursuant to Chapter 418-2 to collect or transport refuse on county public streets and highways.

(b) "Hearing officer" means the health officer.

(c) "Owner," where that word refers to the owner of a leased or rented single-family dwelling house or of an apartment, flat, duplex or other multiple-family dwelling, means and includes the person who, with respect to such leased or rented premises, is the agent, manager or representative of any individual owner, or who is the agent, managing or executive officer or employee, or authorized representative of any owner which is a firm, copartnership, joint venture, association or corporation.

(d) "Solid waste" means useless, unwanted, discarded putrescrible and nonputrescible solid and semi-solid material, including, but not limited to, trash, refuse, paper, rubbish, ashes, animal excrement, vegetable or animal solid or semi-solid waste, and other similar wastes, but not including sewage.

(Ord. 85-12 § 2 (part)).

The accumulation of solid waste and other filth on land for long periods of time is a matter affecting the public health, welfare and safety. Such accumulation encourages and attracts rodents, flies and other disease-carrying pests, is offensive to the senses, and is a public and private nuisance. Such unhealthy and illegal accumulation of solid waste is less likely to occur when removed from property on a regular and frequent basis. The purpose of this chapter is to prevent such accumulation of solid waste by requiring that owners and other persons in control of all premises from which solid waste is generated provide for its removal and disposal on a regular and frequent basis.

(Ord. 85-12 § 2 (part)).

(a) Every owner, proprietor, manager or other person having charge or control of any hotel, club, bar, restaurant or other eating place, or any boardinghouse, lodginghouse, dwelling house, or any vegetable or food processing and handling establishment shall provide and keep at all times, in a place readily accessible to the collector and where it will not be public nuisance or be offensive, a container which complies with subdivision (b) of Section 416-14.004, or a number of such containers sufficient to contain all solid waste accumulating on the premises between collection dates.

(b) The owner of any leased or rented single- family dwelling house, or of any apartment, flat, duplex or other multiple-family dwelling shall provide and keep at least one container of a type and construction specified in subdivision (a) of this section for each family residing therein except as otherwise allowed by Section 416-14.004.

(Ord. 85-12 § 2 (part)).

Every owner and/or person required by Section 418-6.006 hereof to provide and keep containers shall, except as provided in Section 418-6.0 12, subscribe with a collector for the collection and disposal of solid waste, such service to be provided on a basis not less frequent than once each week, except that in the case of any leased or rented single-family dwelling house, or any leased or rented apartment, flat, duplex or multiple-family dwelling, the owner and/or person shall subscribe to such collection and disposal service for each family residing therein and shall bear the responsibility for payment of the charges for such collection and disposal services to the collector.

(Ord. 85-12 § 2 (part)).

If any owner or person shall fail to subscribe for the collection and disposal of solid waste as required by Section 418-6.008, a nuisance is presumed to exist upon the premises which have not been provided with such collection and disposal service by a collector.

(Ord. 85-12 § 2 (part)).

The health officer may exempt from the requirements of Section 418-6.008 any person who shows, and only so long as such person can continue to show: (1) that the premises are unoccupied; (2) collection service is not available to the premises due to distance from the nearest collector's area of operation or other reason; or (3) that no unsanitary condition, hazard to health, or public nuisance will arise upon the premises owned, managed or controlled by the person if collection and disposal of solid waste services are not provided by a collector.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

If the health officer has received notice that any person (including an owner) has failed to subscribe for the collection and disposal of solid waste as required by Section 418-6.008, the health officer shall serve written notice upon the person, informing the person of the requirements of that section and that because of the person's failure to comply with such requirement, a nuisance is presumed to exist upon the premises owned, managed or controlled by the person which has not been provided with such collection and disposal service. The notice shall direct the person to subscribe with a collector for the collection and disposal of solid waste within fifteen days after service of the notice, or to request a hearing before the health officer within the fifteen-day period to show cause why the person should not be required to so subscribe.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

The notice shall further state that if the person shall fail to comply with its directions within the fifteen-day period, the county will abate the nuisance existing upon the premises by subscribing with a collector for collection and disposal services for the premises, for a period of time deemed appropriate by the health officer (but not exceeding one year), and that the county's costs to provide such services (the charges of the collector therefor, together with the administrative costs incurred by the health officer), may be levied as a special assessment lien against the real property upon which the premises are located.

(Ord. 85-12 § 2 (part)).

The notice shall contain an estimate of the cost of abatement (including administrative, collection and disposal costs) for the proposed subscription period. In addition, the notice shall contain a statement of the owner's hearing rights pursuant to Sections 418-6.012 and 418-6.022, and notice to the owner that the owner may appear in person at the hearing or may submit a sworn written statement in lieu of appearing.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

(a) The notice specified 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 the person's 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 premises.

(b) If the notice specified herein is required to be served upon any person in addition to the owner of record of any leased or rented premises, a copy of the notice shall, at the same time and in the same manner, be served upon the owner of record of such leased or rented premises.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

Any person or owner subject to the requirements of this chapter may, in writing, request a hearing before the health officer (hearing officer) to show cause why the person or owner should not be required to subscribe for the collection and disposal of solid waste at the person's or owner's cost, or the county should not provide such service for the person's or owner's premises. The hearing shall be held at a time and place fixed by the hearing officer within fifteen days of the request therefor.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

If the involved owner and/or person has not subscribed with a collector and advised the health officer of such subscription in writing, or no request for a hearing is received within the fifteen-day period, the health officer is authorized to subscribe on behalf of the county with a collector for the proposed subscription period for solid waste collection and disposal service.

(Ord. 85-12 § 2 (part)).

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/or person.

(Ord. 85-12 § 2 (part)).

All hearings under this chapter shall be held before a hearing officer who shall receive all evidence the hearing officer deems material, including the condition of the property, and the estimated cost for the proposed subscription period. The hearing officer shall not be limited to the technical rules of evidence. The involved owner or person may appear in person or present a sworn written statement in time for consideration at the hearing.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

At the conclusion of the public hearing, the hearing officer may find that no subscription was made with a collector for services within a timely manner, or that none of the exemption circumstances of Section 418-6.012 are applicable, and order abatement for the proposed subscription period by the provision of mandatory subscription services to the involved premises. In such event, the hearing officer shall determine the costs of abatement to be charged against the owner. The written order of the hearing officer (including the determined costs of abatement) shall be mailed to any interested person who made a written presentation to the hearing officer for the hearing but did not appear, and to the involved owner.

(Ord. 85-12 § 2 (part)).

The owner and/or any involved person may appeal the hearing officer's decision by filing a written notice of appeal with the hearing officer within ten calendar days after the decision. The hearing officer shall promptly transmit the proceedings to the board of supervisors. Upon receipt, the board's clerk shall promptly give written 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 limited by the technical rules of evidence.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

If the hearing officer finds that any owner and/or involved person upon whom notice was served pursuant to Sections 418-6.014 through 418-6.020, has failed within the time specified therein to subscribe for the collection or disposal of solid waste, and if such person or owner has not established an exemption from the requirements of Section 418-6.008 after a hearing and decision as provided in Sections 418-6.028 through 418-6.032, the health officer shall subscribe with a collector to provide such collection and disposal services and to remove any accumulated solid waste for the proposed subscription period at the noticed cost.

(Ord. 85-12 § 2 (part)).

The health officer shall keep an account of the charges incurred by the health officer for each parcel of real property served, including the health officer's administrative costs incurred for the abatement of nuisances pursuant to this chapter.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 85-12 § 2 (part)).

The administrative costs in any abatement proceeding conducted pursuant to this chapter shall be based upon the actual expense incurred by the health officer in addition to any payments made to a collector; provided, however, such costs shall not exceed the estimate in the cost notice (Section 418-6.018) or the written decision (Section 418-6.030), whichever is greater.

(Ord. 85-12 § 2 (part)).

If the abatement cost (administrative and collection costs) for the proposed subscription period, which is charged against the persons and owner 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 assessed as a special assessment against the parcel of land pursuant to Government Code Section 25845, which cost shall be transmitted to the auditor-controller and tax collector, and the auditor-controller shall enter the amount of the assessment against the parcel of land as it appears on the current assessment roll. The tax collector shall include the amount of the assessment on the bill for taxes levied against said parcel of land.

(Ords. 88-88 § 8, 85-12 § 2 (part).

The health 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 SPECIAL ASSESSMENT (Mandatory Solid Waste Collection Service Cost)

Pursuant to Government Code § 25845 and Ordinance Code Chapter 418-6, Contra Costa County abated a solid waste nuisance (§ 418-6.010) on the parcel of real property described below, of which the named person(s) is the possessor(s) or owner(s) shown on the current assessment roll, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment against said parcel 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's Assessor's parcel #: ..... ..... [Other description where needed]: .....

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

Dated:.............

Contra Costa County

By:........................ (health officer)"

(Ords. 88-88 § 9, 85-12 § 2).