Del Norte County Municipal Code § 7.08 Nuisances 7.08.110 Title And Legislative Authorization 7.08.120 Purposes 7.08.130…

Pursuant to the authority granted it by Section 25845 and Section 25845.5 of the Government Code of the state of California, the Board of Supervisors does enact this chapter which shall be known, and may be cited, as "The Del Norte County Public Nuisance Ordinance."

1. It is the purpose of this chapter to protect the health, safety and welfare of the residents of the County through the prevention of public nuisances in the County. It shall be construed liberally to that end.

2. It is the intention of the Board of Supervisors to minimize the burden placed upon property owners and tax payers in carrying out the purposes set forth in subsection (A) above. Accordingly, those methods of abatement are to be favored which are least costly and which are most directly related to protecting the public health, safety and welfare.

3. The enforcement of nuisances is a discretionary act of the Enforcement Official, and nothing contained within this Chapter shall be construed as creating a ministerial duty.

This chapter is not the exclusive regulation of public nuisances. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the state, the County, or any other legal entity or agency having jurisdiction.

Except where the context otherwise requires, the following definitions shall govern the construction of the chapter:

1. "Board" means the Board of Supervisors of the County of Del Norte.

2. “The Code” means the Del Norte County Code.

3. "Cost of abatement" means the direct cost to the County of abating a public nuisance.

4. "Cost of administration" means the cost to the County of performing the various administrative acts required under this chapter with regard to the abatement of a public nuisance, including without limitation, administrative overhead, salaries and expenses incurred by county officers and employees in investigating such nuisance, conducting hearings, and preparation of documents.

5. "Enforcement Official" means any officer or department head of the County or other public agency charged with the duty of enforcing county ordinances or laws of the state of California, including, but not limited to, a Code Enforcement Officer, Environmental Health Specialist, Animal Control Officer, Building Official, or authorized employee of the Parks Department.

6. "Hearing Officer" means a hearing examiner appointed pursuant to section 2.26.20 of this Code.

7. "Owner”" means the person in whom is vested the ownership of, dominion over, or title to real property.

8. “Person” includes an individual, firm, partnership, joint venture, limited liability company, association, government entity, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.

9. "Real property" includes all the surface or subsurface areas described in the most recently recorded deed or deeds relating to such property and all improvements on the real property.

It is unlawful for any person to permit a public nuisance to exist upon his or her real property. Regardless of whether the owner is in actual possession of his or her real property, it is the duty of every owner of real property within the unincorporated area of Del Norte County to prevent a public nuisance described in Section 7.08.310 of this chapter from arising on, or from existing upon, his or her real property. This duty may include an obligation to take action to evict or otherwise remove an occupant who creates a public nuisance upon the owner's property.

Nothing contained in this chapter shall be construed to prohibit the right of any person or public or private entity damaged by any violation of this chapter to institute a civil proceeding for injunctive relief against such violation, for money damages, or for whatever other or additional relief the court deems appropriate. The remedies available under this chapter shall be in addition to, and shall not in any way restrict any other rights or remedies available under law.

1. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance.

2. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.

3. It is declared unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or land in this County to maintain such premises or land such that any one or more of the following conditions or activities exist:

   1. Any condition recognized in law or equity as constituting a public nuisance;

   2. The maintenance or use of any real property in violation of any provision of the Del Norte County Code, state law, or federal law;

   3. Any dangerous, unsightly, or blighted condition that is detrimental to the health, safety or welfare of the public;

   4. The failure to provide any animal under one’s control with proper sanitary care, including food, water, shelter, open space or veterinary care, such that the animal cruelly suffers in a manner which offends a person of ordinary sensibilities;

   5. The failure to properly restrain or control any animal such that the animal runs at large on public or private property other than the owner’s, makes excessive disturbing noises, produces unreasonably offensive odor, attacks, molests or intimidates persons or other animals on public or private property other than the owner’s, or is otherwise in violation of any provision of the County Code;

4. The erection, construction, enlargement, alteration, repair, movement, improvement, removal, conversion or demolition, use, occupancy maintenance of any building or structure in violation of the Uniform Building Code, Uniform Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, or Uniform Fire Code that apply to structures or property within Del Norte County;

5. Anything defined as a nuisance pursuant to state and federal law including but not limited to the California Civil Code, Division 4, Part 3;

6. Any condition in violation of the weed and rubbish abatement laws defined at Government Code Sections 39500 et seq. and 39560 et seq. as enacted or hereafter amended and enforced by county ordinance and resolutions;

7. Any vacant, unoccupied or abandoned building or structure that is not reasonably secured against uninvited entry or that constitutes a fire hazard, or is in a state of unsightly or dangerous condition so as to constitute a blighted condition detrimental to property values in the neighborhood or otherwise detrimental to the health, safety and welfare of the public. For purposes of this chapter, a building or structure is unsecured when it is unlocked or the public can gain entry without the consent of the owner;

8. Any condition that constitutes an attractive nuisance; those objects or conditions that, by their nature may attract children or other curious individuals including, but not limited to, unprotected hazardous or unfilled pools, ponds, ice boxes, refrigerators or excavations;

9. Any condition that constitutes a visual blight. For purposes of this code, visual blight is any unreasonable or unlawful condition or use of real property, premises or building exteriors which by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the property of others or to the value of property of others, offensive to the senses, or reduces the aesthetic appearance of the neighborhood. Visual blight includes, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

10. Junk, trash, debris, scrap metal, rubbish, packing materials;

11. Abandoned, discarded or unused objects or equipment such as furniture, stoves,

• appliances, refrigerators, freezers, cans or containers, automotive parts and equipment;

3. Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned, are either registered or are certified pursuant to Section 4604 of the California Vehicle Code, and are in an active state of renovation or restoration,

4. Abandoned excavations;

5. Any personal property, object, device, decoration, design, fence, structure or clothesline which is unsightly by reason of its condition or its inappropriate location; and

6. Overgrown vegetation which is unsightly or likely to harbor rats or other vermin;

7. Property in urban zones that is used for the keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials, for an unreasonable period, which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that such of the listed materials as are being used or are to be used for a project of repair or renovation for which a permit, including a building permit, has been obtained may be stored for such period of time as is reasonably necessary to expeditiously complete the project. As used in this subdivision, "urban zones" are those designated in the Del Norte County zoning ordinance as: PC, R1, R2, R3, C1, C2, C3, C4, M, MP, MHP, HR, HDR, HDC;

8. The presence of a junkyard or automobile-dismantling yard, except in an industrial zone pursuant to a special use permit;

9. The accumulation on any premises of any abandoned, wrecked, disabled, dismantled or inoperative vehicle or parts thereof;

10. Automobile motors, transmissions, and all other automobile parts or accessories, stored or accumulated on any premises or land where they are visible to the public;

11. Continuous yard, garage or estate sales on property with any residential zoning designation. A sale is deemed to be "continuous" if it occurs more often than three days per calendar quarter;

12. Any building or other structure which by reason of rot, weakened joints, walls, floors, underpinnings, roof, ceilings, or insecure foundation, or other cause has become dilapidated or deteriorated;

13. Property in urban zones that is not kept clean and sanitary and free from unreasonable accumulations of offensive matter including, but not limited to, dead animals, animal parts, and animal feces and urine. As used in this subdivision, "urban zones" are those designated in the Del Norte County zoning ordinance as: PC, R1, R2, R3, C1, C2, C3, C4, M, MP, MHP, HR, HDR, HDC;

14. Property, which is likely to or does harbor rats or other vectors, vermin, feral animals, and other non-domesticated animal nuisances;

15. Conditions which due to their accessibility to the public pose a hazard including, but not limited to, abandoned wells, shafts, cisterns, septic tanks open to the surface, or structurally unsound fences;

16. Any building or structure, wall, fence, pavement or walkway upon which any graffiti is allowed to remain for more than ten days; or

17. Any violation of a county zoning law or use permit requirement, including, but not limited to failing or ceasing to satisfy or violating any condition associated with or imposed in connection with an approval relating to land, while making use of the special entitlement granted by such permit, including, but not limited to, variances, conditional use permits, subdivision and site plans.

18. Notwithstanding any provision of this Chapter, agricultural operations that do not constitute a nuisance under Chapter 42 of Title 7, the Right-to-Farm Ordinance, shall not constitute a nuisance under this Chapter.

Acts, omissions or conditions in violation of this code which continue, exist, or occur on more than one day constitute separate violations and offenses on each such day.

In addition to the cost of abatement and cost of administration assessed against the owner of real property upon which a nuisance has been determined to exist, and in addition to any other fee or penalty imposed by this code or by law, any person who permits or causes a nuisance as described in Section 310 of this chapter to exist may be subject to administrative citation pursuant to Chapter 60 of Title 1 of this Code.

As authorized by Government Code Section 25845.5, upon a second or subsequent determination within a two-year period that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the owner shall be liable for treble the costs of abatement.

The prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance shall be entitled to recover 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 incurred by the County in the action or proceeding.

1. Where there is a report of the existence of a public nuisance or other reason to believe that a public nuisance exists on certain real property, but the owner or occupier refuses consent to inspect it, or where circumstances justify the failure to seek consent to inspect, the County may proceed to obtain an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 et seq. to enter and inspect such real property.

2. No inspection warrant shall be required where there is a clear and present threat or danger to the public health, safety or welfare of the occupants of structures or to the public. Examples of such conditions may be found in cases involving contagious diseases, extreme fire hazard, unwholesome food, or collapsing buildings. In such cases, immediate abatement of a public nuisance is justified as provided in Section 7.08.610 of this chapter and as authorized by California Government Code Section 25845, subdivision (a).

1. Notwithstanding any other provision of this chapter, if it appears to the Enforcement Official that a public nuisance represents an immediate threat or danger to the public health or safety, the Enforcement Official may abate such public nuisance to the extent necessary to eliminate such threat or danger to the public health or safety without following the notice and hearing requirements set forth in this chapter.

2. The property owner shall be responsible for the costs of abatement which shall be confirmed in accordance with this chapter within thirty days after the emergency abatement is completed.

3. In addition to evidence required to be presented at the accounting hearing as set forth in Section 7.08.920, the property owner shall have the right to present evidence to prove that a nuisance did not exist at the time of the emergency abatement; and having provided such evidence satisfactory to the Hearing Officer, the costs of an emergency abatement shall be a county charge.

Whenever the Enforcement Official determines that a public nuisance described in Section 7.08.310 of this chapter exists upon any real property within the County, the Enforcement Official shall first notify the owner of the real property of such determination. Notice of Nuisance shall also be provided to any tenant, occupier, or other person legally in possession of the property known, or reasonably believed, by the County to be in legal possession.

The Notice of Nuisance described in Section 7.08.710 of this chapter shall:

1. Identify the owner of the real property upon which the nuisance exists as the name appears on the records of the County Assessor.

2. Provide a description of the real property sufficient to give its location.

3. State that the County has determined that a public nuisance exists on the real property, and provide a description of the condition causing the nuisance. Where the Enforcement Official has determined that the condition causing the nuisance can be corrected or abated by repair thereof, the notice shall state the repairs which will be required.

4. State the facts upon which the determination that a public nuisance exists was based.

5. Where the Enforcement Official has determined that the condition causing the nuisance is imminently dangerous to human life or limb, or is unsafe, or is detrimental to the public health or safety, he or she may order that the building or structure affected be vacated, pending the correction or abatement of the conditions causing the nuisance. It is a misdemeanor for any person to defy an order of the Enforcement Official to vacate a building or structure.

6. State that the owner of the property is required to immediately commence the abatement of the nuisance within five days and to thereafter diligently prosecute and complete the abatement within fifteen days.

7. Notify the recipient(s) that, unless the owner abates the conditions, a hearing will be held before the Hearing Officer to determine whether there is any good cause why these conditions should not be abated.

8. State that the abatement costs, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll.

9. State that the County may seek to recover its attorney's fees incurred in any action, administrative proceeding, or special proceeding to abate the nuisance from the owner.

The Enforcement Official shall cause a copy of the Notice of Nuisance to be recorded in the Office of the County Clerk-Recorder if the required abatement is not commenced within five days or is not completed within fifteen days.

Unless otherwise provided, the notices required by this chapter shall be served by personal delivery or first class mail to the person to be served. The owner may be served by mail at his or her address as it appears on the last equalized assessment roll, except that if the records of the County Assessor show that the ownership has changed since the last equalized assessment roll was compiled, notice shall be mailed to the new owner. If service cannot with diligent effort be accomplished by personal delivery or by mail, notice may be given by posting copies of the notice along the subject real property not more than one thousand feet apart, but in no event shall fewer than two signs be posted. Whenever notice is required to be given to an owner under this Chapter, notice shall also be provided to any tenant, occupier, or other person legally in possession of the property known, or reasonably believed, by the County to be in legal possession.

If, upon the expiration of the time period specified in Section 7.08.720 of this chapter, subdivision (F) action to abate the nuisance has not been commenced, or if it has been commenced, it has not been prosecuted with due diligence nor completed within fifteen days, the Enforcement Official may issue an Administrative Order to Show Cause. The Order shall direct the recipient that a hearing will be held before the Hearing Officer to determine whether there is any good cause why these conditions should not be abated. The Order shall specify the date, time, and location of the hearing, and shall state that the owner will be given an opportunity at the

hearing to present and elicit testimony and other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter, or whether there is any other good cause why those conditions should not be abated.

The Hearing Officer shall be an impartial individual such as an individual who meets the definition of Government Code section 27724; an administrative law judge provided by the Office of Administrative Hearings of the State of California pursuant to Government Code section 27727; or an independent contractor from an organization that provides hearing officers.

1. A hearing before the Hearing Officer shall be held not less than 15 and not more than 60 days from the date that the Administrative Order to Show Cause was served.

2. The Hearing Officer shall only consider evidence that is relevant to whether the nuisance exists and whether action to abate the nuisance has been prosecuted with due diligence. Formal rules of evidence shall not apply. The Hearing Officer may exclude evidence the probative value of which is outweighed by the probability that its admission will necessitate undue time. Both the Enforcement Official and the owner may be represented by counsel at the hearing.

3. Both parties shall be given the opportunity to testify and present witnesses and evidence concerning the existence of the nuisance, and to cross-examine witnesses and dispute evidence. Oral evidence shall be taken under oath or affirmation.

4. The Notice of Nuisance, any administrative citation which has been issued, and any additional documents submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents.

5. At least ten days prior to the hearing, the owner shall be provided with copies of the notices, reports and other documents submitted or relied upon by the Enforcement Officer. If the Enforcement Official submits any additional written report or other documentary evidence concerning the nuisance to the Hearing Officer for consideration at the hearing, other than for the purposes of rebuttal or impeachment, then a copy of each such report or document shall also be served by mail on the owner at least five days prior to the date of the hearing. The owner shall not be entitled to discovery other than as stated in this section.

6. The Hearing Officer may continue the hearing and may request additional information from either party prior to issuing a written decision.

1. Upon the conclusion of the hearing, the Hearing Officer shall issue a decision affirming, reversing, or modifying the determinations contained in the Notice of Nuisance. The Hearing Officer shall issue the determination in a form which shall include findings related to the existence or nonexistence of the alleged nuisance, as well as findings concerning the propriety and means of abatement of the conditions set forth in the notice.

2. If the Hearing Officer confirms the existence of a nuisance, the Hearing Officer shall order the owner to abate the nuisance within a reasonable period of time. The order shall provide that, in the event such abatement is not commenced, prosecuted or completed within the terms set by the Hearing Officer, the Enforcement Official shall be empowered and authorized to abate the nuisance.

3. The decision shall be mailed to or personally served on the parties within 10 days. The decision of the Hearing Officer shall be final and conclusive.

The Enforcement Official who abates a public nuisance pursuant to this chapter shall keep an accounting of the cost of each abatement, and shall prepare a report in writing showing the cost of abatement and the applicable cost of administration. The report shall specify:

1. The work done;

2. An itemized account of the costs and receipts of performing the work;

3. Identify the record owner or possessor of property, an address, legal description or other description sufficient to identify the premises;

4. Set forth the date upon which abatement of the nuisance was ordered;

5. Set forth the date the abatement was complete;

6. Set forth the cost of administration; and

7. Set forth the total amount of the assessment proposed to be levied against the premises.

The Enforcement Official shall serve a copy of the accounting, and a notice of the date and time that a hearing will be held to confirm the accounting. The hearing date shall be not less than fifteen calendar days after the date of serving the notice. The notice shall be served as provided in Section 7.08.740 of this Chapter.

1. At a time fixed by the Enforcement Official pursuant to Section 7.08.920 of this Chapter the Hearing Officer shall hold a hearing to review the accounting. The owner may appear and be heard on the question whether the accounting and the costs included are accurate and reasonable.

2. The report of the accounting shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate or reasonable.

3. The hearing shall be conducted in accordance with the procedures set forth in Section 7.08.830.

The Hearing Officer shall make such modifications in the accounting as the Hearing Officer deems necessary based on the evidence at the hearing, and thereafter shall confirm the accounting. The determination of the Hearing Officer as to all matters contained therein shall be final and conclusive.

The Hearing Officer may order that the costs of abating the nuisance and the administrative costs be placed upon the county tax roll by the Auditor as a special assessment against the parcel or placed on the unsecured roll, pursuant to Government Code Section 25845. If the Hearing Officer orders these costs be specially assessed against the parcel, a notice of abatement lien shall be recorded, pursuant to Government Code Section 25845(e).

The Board of Supervisors may create a revolving fund or funds from which may be paid the costs of enforcing the provisions of this chapter, and into which shall be paid the receipts from the collection of costs as hereinafter set forth.

The materials contained in any nuisance abated by the Enforcement Official may be sold in the same manner as surplus county personal property is sold, and the proceeds from such sale shall applied toward the costs of abatement.