Fresno County Municipal Code Ch. 1.16 Administrative Public Nuisance Abatement

This chapter shall be known and cited as the "Public Nuisance Administrative Abatement Procedure." It is enacted pursuant to California Government Code, section 25845 and is intended to establish a procedure for the abatement of a public nuisance resulting from a violation of any statute, regulation, or ordinance the county enforces.

(Ord. No. 21-001, § 1, 1-12-2021)

For the purposes of this chapter:

A. "Abatement costs" means all actual and reasonable costs incurred by the county department to abate the violations of the Fresno County ordinances, including, but not limited to, building and zoning codes; and conditions declared a public nuisance by this code or state law. These costs shall include all direct and indirect costs to the county resulting from the total abatement action, including, but not limited to, investigation costs, enforcement costs, clerical and administrative costs, costs incurred to provide notices and prepare for and conduct administrative hearings, and cost to physically abate the violation(s). Examples of abatement costs include, but are not limited to, staff costs to prepare and issue notice of violation, notice and order to abate, order of abatement, notice of hearings, or a citation; costs to prepare hearing packet; administrative overhead costs; costs for equipment such as vehicles and cameras; and staff time to hire a contractor to physically remove solid waste, etc., from the property. The abatement costs may include reasonable attorney's fees to abate violations of county ordinances and violations of state law subject to enforcement by this code.

B. "Abandoned building or structure" means the same definition as found in Fresno County Ordinance Code, Title 15, Chapter 15.32, Section 15.32.030.

C. "Administrative citation" means a written notice imposing a penalty for failing to abate a Fresno County Ordinance Code violation within the period prescribed in the warning letter.

D. "Appellant" means person(s) filing the notice of appeal to the county administrative officer or appeal panel.

E. "Beneficiary under any deed of trust of record" means a lender identified in a deed of trust recorded as a lien on real property.

F. "Building official" means the director of public works and planning or his/her designee, and the chief building inspector of the county department of public works and planning and any assistant or employee in his/her office designated as deputies in accordance with Section 103.3 of the California Building Code, and as this section may be amended.

G. "Clerk of the board of supervisors" shall mean the person occupying the position as set for in the Fresno County Ordinance Code, Title 2, Chapter 2.04, Section 2.04.040.

H. "Code," "the code" or "this code" means the Fresno County Ordinance Code, Fresno County Zoning Ordinance, and/or any other ordinance adopted by the Fresno County Board of Supervisors.

I. "County administrative officer" means the person occupying the position heading the county administrative office as set forth in the Fresno County Ordinance Code, Title 2, Chapter 2.08, Section 2.08.010 et seq., or his/her designee.

J. "Courtesy notice" means a letter notifying the property owner of a reported violation.

K. "Current record owner" means the person identified in the records maintained by the county assessor/recorder, as the current owner of record of the real property where the violation exists or where it is maintained. See also "Property owner."

L. "Dangerous building or structure" means the same definition as found in Fresno County Ordinance Code, Title 15, Chapter 15.32, Section 15.32.030.

M. "Director" means the director of any county department or his/her designee and the sheriff-coroner or his/her designee.

N. "Enforcement officer" means any county employee designated by the county administrative officer, or by the director of the county department with authority to enforce any provision of this code or related state law, and shall also mean regular salaried, full-time employees of the sheriff-coroner's office.

O. "Hearing officer" means the person or persons appointed pursuant to Fresno County Ordinance Code, Title 2, Chapter 2.81.

P. "Issuing department" means the county administrative office or any county department that has authority and responsibility for enforcing the code section(s) designated on the notice and order to abate described in 1.16.060.

Q. "Notice of violation" means a letter a notifying the property owner of a determination that a code violation exists on real property.

R. "Mortgagee" means a lender in a mortgage secured by a recorded lien on real property.

S. "Property owner" means the current record owner, as shown on the records maintained by the county assessor/recorder, or the actual property owner, if such records have not been updated, of the property upon which a violation of this code exists or is maintained; and includes any party owner, joint owner, tenant in common, joint tenant or tenant in the entirety, of the whole or part of the such building or land.

T. "Responsible person" means any of the following:

1. Any owner, manager, agency, employee, or member of a governing board, of a business enterprise or association, who causes, maintains, or allows a violation; or

2. Any property owner causing a violation, maintaining a violation to exist, on real property owned thereby.

U. "Violation" means the failure to comply with the provisions of this code, by action, inaction, or failure to act. A separate "Violation" occurs for each day the condition constituting the non-compliance with the provisions of this code exists on the subject property.

V. "Staff to the office of the county hearing officer" means county staff as designed by the county administrative officer as described in Section 2.81.130 of this code.

W. "Substandard housing" means the same definition as found in Fresno County Ordinance Code, Title 15, Chapter 15.32, Section 15.32.030.

(Ord. No. 25-020, § 3, 10-7-2025; Ord. No. 21-001, § 1, 1-12-2021)

Any of the following are deemed unlawful and a public nuisance and a violation of this code and may be abated as such by the county in accordance with this chapter and state law:

1. Any condition, act, or omission declared by any statute of the State of California or any provision of the Ordinance Code of Fresno County and/or Zoning Division of the County of Fresno to be a public nuisance, or

2. Any public nuisance known or recognized in common law or equity, or

3. 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, 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, and at the same time affects an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals and/or property may be unequal.

(Ord. No. 21-001, § 1, 1-12-2021)

A. Whenever this code, or any other law the county enforces, provides that a violation of this code or other law is a public nuisance, this chapter authorizes an enforcement officer to institute an administrative proceeding to abate the public nuisance. The county's right to institute an administrative proceeding under this chapter is in addition to all legal remedies the county has and does not limit the county's ability to avail itself of any other legal remedy. This chapter does not limit the county's ability to abate summarily a public nuisance when necessary.

B. Pursuant to Section 25845, subdivision (i), of the California Government Code, and as may be amended, the board of supervisors of the County of Fresno hereby delegates its authority over the abatement of a public nuisance to a hearing officer. Any time this chapter provides for a hearing, the hearing shall be held before a hearing officer or appeal panel, if necessary. The county administrative officer shall assign the matter to a hearing officer by selecting a hearing officer on a rotating basis from the pool of available hearing officers appointed pursuant to Chapter 2.81 of this code.

(Ord. No. 21-001, § 1, 1-12-2021)

A. Pursuant to Section 25845, subdivision (a), of the California Government Code, and as may be amended, the county administrative officer or the director charged with the enforcement of this code and other violations of law, upon making a finding that an immediate and substantial threat or danger exists to public health, safety, or welfare, and upon consultation with county counsel, and the county administrative officer if the determination for summary abatement is made by a director, is authorized to order summary abatement of the condition(s) in violation of this code or applicable state law. If the county administrative officer or a director orders summary abatement of the condition(s), he or she may order county staff, contractors, or designated agents to abate the condition. Summary abatement shall be limited to those actions which are reasonably necessary to remove the immediate threat or danger. If immediate action becomes necessary, the county administrative officer or the director may summarily abate a public nuisance even though an enforcement officer initiated an administrative proceeding under this chapter.

B. The county administrative officer or the director shall make a reasonable attempt to notify the occupant(s) and property owner(s) either by telephone or by personally visiting the property that requires immediate abatement. Notwithstanding the foregoing, nothing in this section prevents the county administrative officer or the director charged with the enforcement of this code and other violations of law from taking immediate action without notice.

C. If the county administrative officer or the director summarily abates a public nuisance, he or she must keep an account of the abatement costs and pursue cost recovery pursuant to Sections 1.16.150, et seq. In cases of summary abatement, however, a hearing shall be held, pursuant to Section 1.16.160, before a hearing officer for the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record to show cause why a public nuisance should not have been declared by the county administrative officer or the director and to confirm the cost of abatement.

(Ord. No. 25-020, § 3, 10-7-2025; Ord. No. 21-001, § 1, 1-12-2021)

A. To initiate an administrative abatement action under this chapter, the enforcement officer shall declare a public nuisance and issue a notice and order to abate.

B. Upon making a reasonable determination that a public nuisance exists, the enforcement officer shall notify the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record that public nuisance condition(s) exists upon the property, by way of a notice and order to abate. The notice and order to abate shall be served in the manner prescribed in Section 1.16.130.

C. Contents of a notice and order to abate.

1. The notice shall contain the street address, assessor's parcel number, or legal description sufficient to identify the subject property.

2. The notice shall identify the property owner(s), other responsible person(s), mortgagees, and beneficiaries under any deed of trust or record.

3. The notice shall contain a reference to all county code sections, state statutes, and regulations violated together with a brief description of the condition(s) which constitutes a public nuisance.

4. The notice shall identify the corrective action required to abate the violation(s).

5. The notice shall order that the public nuisance condition(s) be abated within a reasonable number of days not to exceed forty-five calendar days, unless thirty calendar days' notice or other notice period is required by California Health and Safety Code or other state law.

6. The notice shall state that if the abatement efforts described therein are not completed within the period specified, or a hearing has not been requested in accordance with section 1.16.080, or a timely extension has not been granted to complete the abatement, the county may abate the public nuisance without further notification and the property owner(s) and responsible person(s) may be responsible for all costs associated with the investigation and abatement of the violations listed in the notice.

7. The notice shall state that a "Notice of Pending Public Nuisance Abatement Action" may be immediately recorded against the property with the county recorder.

8. The notice shall state that failure to abate the condition(s) and bring the property into compliance with the ordinance code could subject the property owner(s) and/or any other responsible person(s) to administrative, civil, and/or criminal penalties and could result in the imposition of a lien and special tax assessments against the property for the abatement costs allowable pursuant to Sections 1.16.150 through 1.16.180.

9. The notice shall include the appeal procedures set forth in Section 1.16.080.

D. The failure of the notice to set forth all of the above-described information shall not affect the validity of the proceedings.

E. The notice and order to abate shall be in substantially the following form:

NOTICE AND ORDER TO ABATE

NOTICE IS HEREBY GIVEN THAT (specify the condition(s) constituting the public nuisance and identify all violations of this code or other appropriate statutes and regulations) violate(s) Section ___ of the (Fresno County Ordinance Code/Fresno County Zoning Ordinance Code/statute or regulation, identify each section and chapter of the ordinance code, statutes, or other regulations violated). The violation(s) has/have been declared a public nuisance by (insert name of enforcement officer) and must be abated immediately. The public nuisance exists on property located at (insert address or other legal property description).

YOU ARE HEREBY ORDERED TO ABATE THE PUBLIC NUISANCE within _______ calendar days (provide a reasonable time period to abate not to exceed forty-five (45) calendar days unless other notice period is required by state law) from the issuance of this notice and order. The issuance date is specified below. To abate the public nuisance, you must take the following action: (insert desired action which, if taken, will adequately remedy the condition(s)). Any abatement action must be conducted in compliance with all applicable laws, regulations and ordinance codes, and any applicable permit requirements. 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, and the cost of this abatement may be billed directly to the property owner(s) and may be levied and assessed against the property as an abatement lien and special assessment, in the event the property owner(s) fails to timely pay.

YOU MAY APPEAL THIS NOTICE AND ORDER by filing a notice of appeal within _______ calendar days (the same time to abate listed above). The notice of appeal must be in writing; identify by the number and date of the Notice and Order to Abate you are appealing; specify the reason(s) for the appeal; contain your name, address and telephone number of the appellant; be signed by appellant and submitted to the county administrative officer. The date of filing is determined by either (1) on the date the notice of appeal is delivered to the county administrative officer, if the notice of appeal is delivered in person; or (2) the postmark on the envelope addressed to the county administrative officer, if the notice of appeal is delivered by mail. Upon timely receipt of the appeal, the matter will be set for a hearing before a hearing officer and you will be notified of the date, time, and location of the hearing.

(Ord. No. 21-001, § 1, 1-12-2021)

A. At the time a notice and order to abate is served, pursuant to Section 1.16.130, the enforcement officer may cause a notice of pending public nuisance abatement action to be recorded with the county recorder, which reads substantially as follows:

NOTICE OF PENDING PUBLIC NUISANCE ABATEMENT ACTION

NOTICE IS HEREBY GIVEN that proceedings have been initiated by the County of Fresno under the Administrative Public Nuisance Abatement Procedures found at the Fresno County Ordinance Code, Title 1, Chapter 1.16, concerning property located at (Address). The property is further identified by Fresno County Assessor's Parcel No. (APN).

B. The enforcement officer shall cause any recorded notice of pending public nuisance abatement action to be removed when the public nuisance abatement proceedings, including any appeals to the notice and order to abate, and any work necessary to abate the public nuisance, have been completed. If the work to abate the public nuisance is performed at the county's expense, the notice of pending public nuisance abatement action shall not be removed until those costs have been paid or a lien for those costs has been recorded.

C. A copy of the notice of pending public nuisance abatement action to be recorded shall be served on property owner(s) in the manner prescribed in Section 1.16.130.

(Ord. No. 21-001, § 1, 1-12-2021)

A. Any person ordered to abate a public nuisance pursuant to Section 1.16.060 may, within the period specified to abate the nuisance as listed in notice and order to abate, file a notice of appeal to challenge the notice and order to abate with the county administrative officer. The notice of appeal shall be submitted in writing and shall specify the following: (1) the number and date of the notice and order to abate being appealed; (2) the reason(s) for the appeal; (3) the name, address, and telephone number of the appellant; and (4) the signature of the appellant. The notice of appeal must be filed with the county administrative officer on or before the number of days to abate the nuisance as listed in the notice and order to abate. The date of filing is determined by either (1) the date the notice of appeal is delivered to the county administrative officer, if delivered in person, or (2) the postmark on the envelope addressed to the county administrative officer, if delivered by mail.

B. A timely filed notice of appeal, within the period specified on the notice and order to abate, shall stay any further abatement action for the conditions identified in the notice and order to abate until the hearing on the appeal is concluded.

C. Upon receipt of the notice of appeal, the county administrative officer shall set the matter for hearing and provide at least ten (10) calendar days written notice to the parties of the date, time, and location of the hearing. Pursuant to Section 1.16.130, staff to the office of the county hearing officer shall serve the notice by certified or registered mail to the appellant(s) and the enforcement officer shall post the notice described in Section 1.16.100.

D. Hearing packet: Immediately upon receipt of the notice of hearing from the staff to the office of the county hearing officer, the enforcement officer shall prepare a hearing packet that includes the citation(s), notice(s), photograph(s), report(s), correspondence(s), and any other relevant document(s) not subject to privilege or otherwise confidential. The hearing packet shall be served by mail on the appellant by the enforcement officer at least seven (7) calendar days prior to the date set for the hearing. At the time of mailing to the appellant, the enforcement officer shall deliver a copy of the hearing packet to the staff to the office of the county hearing officer. Staff to the office of county hearing officer shall deliver the hearing packet to the hearing officer.

E. Failure to file a written appeal request, per the requirement of Sections 1.16.060 and 1.16.070, within the period specified on the notice and order to abate shall be deemed a failure to exhaust administrative remedies.

(Ord. No. 21-001, § 1, 1-12-2021)

Whenever a notice and order to abate requires repair, reconstruction, rehabilitation demolition, or removal of a building or structure, the county shall not abate said public nuisance without first obtaining an order from an appeal panel or the board of supervisors, if an appeal panel is not available. Abatement of buildings or structures shall be conducted pursuant to the procedures as applicable in this Chapter and as modified by the procedures in Chapter 15.32 of this code.

(Ord. No. 21-001, § 1, 1-12-2021)

A. The "Notice to Abate Nuisance" shall be served on the property owner(s), responsible person(s), occupant(s), mortgagees, and beneficiaries under any deed of trust of record in the same manner as specified in Section 1.16.130. In no event shall the hearing be set earlier than ten calendar days prior to the date of such notice.

B. Such notice shall state the time, place, and date of the hearing; identify the hearing officer who will preside over the hearing; identify the specific conditions which constitute a public nuisance; and, direct the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record to show cause why the condition(s) on the property should not be found to be a public nuisance and why said public nuisance should not be abated. The notice shall be entitled "NOTICE TO ABATE NUISANCE" in letters not less than three-fourths of an inch in height and be substantially the following form:

NOTICE TO ABATE NUISANCE

The owner of the property located at (Address) and further identified by Fresno County Assessor's Parcel Number (APN) is hereby notified to appear before the designated County Hearing Officer (Name) for a hearing to be held on ________ (Date), at ___________ (place of meeting), at _______ (time), or as soon thereafter as it may be heard, to show cause why the following conditions (briefly described condition(s) in violation) should not be declared a public nuisance and said public nuisance should not be abated.

DATED:

(Name of enforcement agency)

BY (name of enforcement officer)

C. The failure of any property owner, other responsible person(s), mortgagees, and beneficiaries under any deed of trust of record to receive such notice shall not invalidate the proceedings.

(Ord. No. 21-001, § 1, 1-12-2021)

A. At the date, time, and place set forth in the notice pursuant to Section 1.16.100, the county shall establish the existence of the condition(s) constituting a public nuisance as defined in the code, that a notice and order to abate was properly served on the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record, that said property owner(s) and/or any other responsible person(s) have failed to timely abate the public nuisance, and that the notice of the abatement hearing was properly served on the property owner(s) and/or any other responsible person(s).

B. The hearing provided for in this section shall be conducted in the manner set forth in Chapter 2.81 of this code.

C. After the conclusion of the hearing, the hearing officer shall issue a written decision, based on the record, to include findings and conclusions regarding the existence of the public nuisance, proper service of the notice and order to abate and the notice of the abatement hearing, and a statement of the factual and legal basis of the decision. The hearing officer shall reverse, modify, or affirm the determinations of the enforcement officer. In the event that the hearing officer so concludes, he or she may declare the condition(s) or property a public nuisance. The hearing officer may direct the property owner(s) and/or any other responsible person(s) to abate the conditions declared to be a public nuisance.

D. The hearing officer may further order that if the condition(s) declared to be in violation and a public nuisance are not abated within the time frame ordered, that the condition(s) may be abated by the county and the costs of abatement shall be placed as a lien on the property and may be collected by a special tax assessment against the property pursuant to California Government Code, section 25845, and as may be amended, or by any other means provided by law.

E. The hearing officer shall issue his/her written decision within thirty calendar days following the conclusion of the hearing. The hearing officer shall submit the written decision to staff to the office of the county hearing officer.

F. If the hearing officer finds that the alleged public nuisance does exist and should be abated, abatement of the public nuisance shall be ordered, and the hearing officer shall issue an Order of Abatement.

G. The decision of the hearing officer and order of abatement, if issued by the hearing officer, shall be filed with the clerk of the board of supervisors. A copy of the written decision and order of abatement shall be served on the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record pursuant to Section 1.16.130. Staff to the office of the county hearing officer shall be responsible for serving and filing the decision.

H. The decision of the hearing officer and order of abatement are final when filed with the clerk of the board of supervisors, unless the order of abatement or a provision of this code expressly provides otherwise.

(Ord. No. 21-001, § 1, 1-12-2021)

A. Whenever an order of abatement will require the repair, reconstruction, rehabilitation, demolition, removal of a building or structure and/or other means or the abatement of any violation of Title 15 of this code, not to include hazardous or unsanitary conditions which are not found within a building or structure, a hearing shall be set before a panel of a minimum of two hearing officers but no more than three hearing officers. In event a minimum two hearing officers are unavailable to hear the appeal, staff to the office of the county hearing officer shall serve notice by certified or registered mail to the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record, and the enforcement officer of such unavailability. The property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record shall be provided the option to waive the right to an panel appeal and proceed with a hearing before one hearing officer, or elect to proceed before an appeal before the board of supervisors. An appeal to a panel of hearing officers or, if necessary, the board of supervisors is only available for public nuisance abatement actions involving the possible repair, reconstruction, rehabilitation, demolition, removal of a building or structure and/or other enforcement actions involving the abatement of violations of Title 15 of this code, not to include hazardous or unsanitary conditions which are not found within a building or structure.

B. If the property owner(s), responsible person(s), mortgagees, or beneficiaries under any deed of trust of record, have not complied with the notice and order to abate on or before the expiration of the forty-five days after mailing and posting of the notice, the county administrative officer shall set the matter for hearing. The hearing shall be set to provide a minimum of a least ten calendar days written notice to the parties before the date of the hearing. The two hearing officers, sitting as the appeal panel, shall be selected by the county administrative officer from the pool of availability hearing officers. The notice for the appeal panel hearing shall include the time, place, and date of the hearing, and identify the two hearing officers sitting as the appeal panel. Pursuant to Section 1.16.130, staff to the office of the county hearing officer shall serve notice of the hearing by certified mail to the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record; and the enforcement officer shall post the notice described in Section 1.16.100.

C. The appeal panel hearing shall be conducted in accordance with the provisions of the Chapter 2.81 of this code. Upon receipt of the notice of hearing from staff to the officer of the county hearing officer, the enforcement officer shall prepare a hearing packet that includes the citations(s), notice(s), photograph(s), report(s), correspondence, and any other relevant document(s) not subject to privilege or are other confidential. The hearing packet shall be served by mail to the property owner(s), responsible person(s), mortgagees, and any beneficiary under a deed of trust of record by enforcement officer at least seven calendar days prior to the date set for the hearing. At the time of mailing to the appellant(s), the enforcement officer shall deliver a copy of the hearing packet to the staff to the office of the county hearing officer. Staff to the office of the county hearing officer shall deliver the packet to the hearing officers identified as the panel or clerk of the board of supervisors for an appeal before the board of supervisors.

D. The appeal panel's decision shall be written, based on the record, and include a statement of the factual and legal basis of the decision. The appeal panel shall issue its written decision within thirty calendar days of the conclusion of the appeal panel hearing. The appeal panel shall submit the written decision to the staff to the office of county hearing officer. For appeals before the board of supervisors, a decision shall be prepared in the normal course as any another appeal before the board of supervisors.

E. The appeal panel's decision shall be filed with the clerk of the board of supervisors. A copy of the decision shall be served on the property owner(s) and/or any other responsible persons pursuant to Section 1.16.130. Staff to the office of the county hearing officer is responsible for serving and filing the decision. The decision of the appeal panel shall be final when filed with the clerk of the board of supervisors. The board of supervisor's decision shall be filed in the normal course as any another appeal before the board of supervisors.

(Ord. No. 21-001, § 1, 1-12-2021)

Unless otherwise specifically provided for in any other section of this chapter, notices and orders required pursuant to this chapter shall be served by certified or registered mail, postage prepaid, return receipt requested to the property owner(s) and/or any other responsible person(s). The notice or order shall be sent to the property owner(s) and/or any other responsible person(s) as the owner(s)' name(s) appear on the last equalized assessment roll. A copy of the notice or order shall be posted at a conspicuous place on the subject property on same date the notice or order is mailed. If the address of any person, for which notice must be given, is unknown to the enforcement officer, then the notice or order shall be published by the clerk of the board in a newspaper of general circulation at least once in accordance with the California Government Code, section 6061. Service is deemed complete on the date of mailing. In the event notice must be published, service is deemed complete on the date of publication.

(Ord. No. 21-001, § 1, 1-12-2021)

A. After the expiration of the period specified in the notice and order to abate where no timely appeal is filed, or expiration of the period specified by the order of abatement issued by the hearing officer, or period specified in the written decision of the appeal panel or board of supervisors, if applicable; the county may take such action to abate the public nuisance as directed in the notice and order to abate or as authorized and directed by the hearing officer, or appeal panel or board of supervisors, if necessary, in the order of abatement or written decision by the appeal panel, if applicable.

B. Upon the failure, neglect, or refusal to properly comply with the notice and order to abate where no timely appeal is filed, or order of abatement issued by the hearing officer or written decision by the appeal panel or board of supervisors, if applicable, within the prescribed time period, the director, or other authorized designee, may cause to be done whatever work is necessary to abate the public nuisance. If necessary, the director, or authorized designee, through the office of county counsel, may apply to a court of competent jurisdiction for purposes of obtaining a warrant to inspect the property and determine if the public nuisance remains and to enter the property for the undertaking of the work to abate the public nuisance.

C. The county shall keep an itemized account of the cost of abatement.

(Ord. No. 21-001, § 1, 1-12-2021)

A. All abatement costs in any enforcement action to abate a public nuisance shall be recoverable.

B. When the county has completed the work of abatement, or has paid for the work, the enforcement officer shall prepare an "Abatement Expense Statement" showing all abatement costs to include the actual cost of abating the public nuisance, administrative costs, enforcement costs, administrative citation penalties, and attorney's fees, if applicable. The county shall demand payment of said costs within fifteen calendar days of the date of service of abatement expense statement, pursuant to Section 1.16.130.

C. Attorney's fees may be recovered if the notice and order to abate identifies the county's intention to seek attorney's fees. If the county so elects, attorney's fees will be recovered by the prevailing party. The county shall be considered a prevailing party if any condition(s) identified in the notice and order to abate is confirmed by the hearing officer or the appeal panel or board of supervisors, if necessary, to be a public nuisance, or in the event the property owner(s) and/or any other responsible person(s) fail to file a timely appeal. Property owner(s), any other responsible person(s), mortgagee, or beneficiary on any deed of trust of record shall be considered a prevailing party if a hearing officer or appeal panel or the board of supervisors, if necessary, finds all condition(s) identified in the notice and order to abate do not constitute a public nuisance. An award of attorney's fees by a prevailing party shall not exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding to abate a public nuisance under this code.

D. The abatement expense statement shall be served on the property owner, responsible person(s), mortgagees, and beneficiaries under any deed of trust of record, in the same manner as set forth in Section 1.16.130.

(Ord. No. 21-001, § 1, 1-12-2021)

A. In the event the abatement costs are not paid in full within fifteen calendar days after service of the abatement expense statement, the enforcement officer shall submit the abatement expense statement to the county administrative officer to request an abatement cost confirmation hearing before a hearing officer. The abatement cost confirmation hearing shall be conducted in the manner set forth in Chapter 2.81 of this code.

B. Notice of the abatement cost confirmation hearing shall be given to the property owner(s), responsible person(s), mortgagees, and beneficiaries under any deed of trust of record. Notice of the hearing shall be provided at least ten calendar days prior to the date of the hearing and shall be served in the manner prescribed in Section 1.16.130. The notice shall state the hearing is the opportunity for property owner(s) and/or any other responsible person(s) to protest and object to the abatement costs. The notice shall provide the date, time, and place for the hearing; the identity of the hearing officer, who shall be the hearing officer that issued the order of abatement unless that hearing officer is unavailable or the determination of a public nuisance was made by an appeal panel or the board of supervisors; describe the property by street address or other legal description to sufficiently identify the property, and include the abatement expense statement as an attachment to the notice.

C. Staff to the office of the county hearing officer is responsible for serving the notice of the abatement cost confirmation hearing.

(Ord. No. 21-001, § 1, 1-12-2021)

A. At the abatement cost confirmation hearing, the hearing officer shall consider the abatement expense statement and any protest or objections thereto. The hearing officer shall determine the amount of the county's abatement costs that are reasonable. The hearing officer may order the cost of the abatement to be specially assessed against the real property subject to the county's abatement action. The assessment shall be collected at the same time and in the same manner as ordinary taxes are collected and shall be subject to same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. If the hearing officer specially assesses the cost of the abatement against the property, the hearing officer may also cause a notice of special assessment to be recorded against the property.

B. The hearing officer shall issue a written decision to confirm or modify the abatement expense statement within fifteen calendar days of the conclusion of the hearing. The hearing officer shall submit the written decision to confirm or modify the abatement expense statement to staff to the office of the county hearing officer.

C. The decision and the confirmed or modified abatement expense statement shall be filed with the clerk of the board of supervisors. The hearing officer's decision and the confirmed or modified abatement expense statement shall be served on the property owner, responsible person(s), mortgagees, and beneficiaries under any deed of trust of record in the same manner as set forth in Section 1.16.130. Staff to the office of the county hearing officer are responsible for serving and filing the decision with the clerk of the board.

D. In the event the costs of abatement are ordered to be specially assessed, the county administrative officer shall transmit the hearing officer's decision to the county auditor-controller/treasurer-tax collector, who shall place the amount thereof on the assessment roll as a special assessment to be paid with county taxes, unless sooner paid. The enforcement officer shall record with the county recorder a notice of special assessment. The notice of special assessment shall, at a minimum, identify the recorded owner of the property; set forth the last known address of the recorded owner or possessor of the of property; set forth the date upon which abatement of the public nuisance was ordered by the hearing officer or appeal panel, if necessary; the date the abatement work was completed; and include a description of the real property subject to the lien and the amount of the abatement cost.

E. Failure to appear by the property owner(s) and/or any other individuals or entities with a recorded interest in the subject property shall be considered a waiver to contest the amount listed in the abatement expense statement.

F. The hearing officer's decision once filed with the clerk of the board of supervisors shall be a final administrative order.

(Ord. No. 25-020, § 3, 10-7-2025; Ord. No. 21-001, § 1, 1-12-2021)

Upon payment in full of the abatement costs, the enforcement officer shall execute and record with the county recorder a release of any recorded notice of special assessment or lien. If an assessment has been placed on the assessment roll and is thereafter paid, the enforcement officer shall notify the county auditor-controller/treasurer-tax collector, who shall cancel the assessment on the tax roll.

(Ord. No. 25-020, § 3, 10-7-2025; Ord. No. 21-001, § 1, 1-12-2021)

Judicial review of a hearing officer's or appeal panel's final decision is governed by California Code of Civil Procedure, sections 1094.5 and 1094.6.

(Ord. No. 21-001, § 1, 1-12-2021)

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The board hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. 21-001, § 1, 1-12-2021)