Article I — ABATEMENT OF NUISANCES

This chapter is enacted pursuant to Government Code Section 25845 and complies with

Health and Safety Code Section 17980 and applies to all real and personal property in the unincorporated areas of the County of Lake.

The remedies provided in this chapter are cumulative and shall be in addition

to any other remedies provided by law. Nothing in this chapter shall prevent the County of Lake from commencing any other available criminal or civil proceeding to abate a nuisance under the applicable provisions of local, state, and/or federal law.

(Ord. No. 2927, § 1, 7-13-2010)

The Board of Supervisors finds it is necessary to the public interest to promote the health,

safety and welfare of the residents of the County of Lake by providing procedures for the abatement of nuisances, which abatement procedures shall be in addition to all other proceedings authorized by this Code or otherwise by law.

This Code is intended to provide a uniform and comprehensive method for the identification

and abatement of public nuisances within the unincorporated areas of the County of Lake and to impose any costs of such abatement against the owners of the offending properties. Any nuisance, as defined herein, existing on any parcel of land in the unincorporated area in the County of Lake, may be abated as herein provided.

(Ord. No. 2927, § 1, 7-13-2010)

a.

Beneficial owner shall mean any mortgagee of record; a beneficiary under a recorded deed of trust; the owner or holder of any lease of record; provided, however, that the United States, the State of California, and the County of Lake shall not be deemed to be beneficial owners by virtue of any lien for unpaid taxes.

b.

Board shall mean the Board of Supervisors of the County of Lake.

c.

Enforcement Official shall mean any officer or department head of the County of Lake charged with the duty of enforcing regulations of the County of Lake or Laws of the State of California.

d.

Graffiti shall mean 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.

e.

Nuisance shall mean:

(1)

Any condition declared by any statute of the State of California or code of the County of Lake to be a nuisance; or

(2)

Any public nuisance known at common law or equity; or

(3)

Any attractive nuisance which may prove dangerous or detrimental to infants; or

(4)

Any condition dangerous to human life, unsafe, or detrimental to the public health or safety; or

(5)

Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this Chapter or Chapters 5, 9, 17, 21, 23, 29, or 30 of this Code; or

(6)

Violates any condition imposed by a prior discretionary land use approval pursuant to Chapter 21 of the Lake County Code; or

(7)

The existence of garbage, rubbish, refuse, or waste matter, and weeds upon the premises contrary to the provisions of Chapters 9 and 21 of the Lake County Code and/or which creates a fire hazard; or

(8)

Any items causing an unsightly appearance which is visible from the scenic corridor or public right of way or sites of neighboring properties or which provides harborage for rats and/or other vermin, or creates other potential health hazard or public nuisance.

(9)

The existence of loud or unusual noises which are not already regulated through an approved use permit, or foul or noxious odors, not already regulated by the Lake County Air Quality Management District, which offend the peace and quiet of persons of ordinary sensibilities and which interferes with the comfortable enjoyment of life or property and affect the entire neighborhood or any considerable number of persons.

(10)

The existence of hazardous substances and waste unlawfully released, discharged, or deposited upon any premises or onto any County property.

(11)

The existence of any stagnant water or water contained in hazardous and/or unmaintained swimming or other pools which obscure required visibility and proper filtering.

(12)

Causing, maintaining, or permitting graffiti (as that term is defined herein).

(13)

Abandoned, dismantled, wrecked, or inoperable motor vehicles, motorcycles, recreational vehicles, trailers, campers, boats or parts thereof.

(14)

Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration interferes with the established drainage pattern over a property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems so as to be injurious to public health, safety, welfare, usability, or appearance to neighboring properties.

(15)

Any property with dirty water, sewage, or any other substance, including but not limited to, urine, or other bodily matter, discolored water, contents of septic tanks, cesspools or privy vaults, which flows onto public or private property.

(16)

Any failure to obtain and/or maintain any permit related to cannabis operations which is required, issued, and/or approved by the County of Lake.

f.

Owner shall mean the owner of record of the premises affected.

g.

Occupier shall mean the person occupying or otherwise in real or apparent charge and control of the premises affected.

h.

Responsible party shall mean the property owner, occupier, and/or beneficial owner as defined in this section.

i.

Repeat offender shall mean a property owner, occupier, or beneficial owner who is responsible for more than one, substantially similar code violation in a twelve-month period, as measured from the reinspection date of the previous violation.

j.

Rubbish shall mean waste matter, litter, trash, refuse, debris, dirt, dry grass, dead trees, tin cans, paper, and waste material of every kind, or other unsanitary substance, object or condition which is or when dry may become, a fire hazard, or which is or may become a menace to health, safety or welfare, or which is offensive to the senses.

k.

Weeds shall mean any of the following: weeds which when mature bear seeds of a downy or wingy nature; any brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property; weeds which are otherwise noxious or dangerous; poison oak and poison ivy when the conditions are such as to constitute a menace to the public health; dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 3075, § 1, 8-21-2018)

The Enforcement Official, upon receipt of information leading him/her to believe that a public nuisance exists upon private property in the unincorporated area of the County, shall make a reasonable investigation of the facts and, if possible, inspect the property to determine whether a public nuisance exists. Inspections may include photographing the conditions and/or obtaining samples or other physical evidence. If an owner, occupant, or agent refuses permission to enter or inspect, the Enforcement Official may seek an inspection warrant pursuant to the procedures provided in the California Code of Civil Procedure Sections 1822.50 through 1822.59. Notwithstanding the above, in cases of emergency the provisions of Section [13-9] of this article shall apply.

(Ord. No. 2927, § 1, 7-13-2010)

Editor's note— Ord. No. 2982, § 1, adopted Dec. 4, 2012, repealed § 13-5, which pertained to notification of nuisance conditions and derived from Ord. No. 2927, § 1, 7-13-2010.

If upon making a reasonable determination that a nuisance exists as defined by Section 13-3 e. of this Chapter, the Enforcement Official shall cause a Notice of Nuisance and Order to Abate to be prepared, and shall serve such notice and order as provided in Section 13-6.2 herein.

The Notice of Nuisance and Order to Abate shall contain the following information:

a.

A heading, "Notice of Nuisance and Order to Abate," in letters of not less than three-fourths (¾) of an inch in height.

b.

The street address, legal description, or other description sufficient to identify the premises affected.

c.

A description of the condition causing the nuisance, including the code section(s) violated.

d.

The actions required to correct the violation(s). 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.

e.

The County department and Enforcement Official responsible for the enforcement action with contact information including County office location and telephone number.

f.

The notice shall order that the uses or conditions constituting the nuisance be abated by demolition, securing, removal, cleanup, repair or other means within thirty (30) days from the date such notice is deemed served.

g.

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 may order that the building or structure affected be vacated, pending the correction or abatement of the conditions causing the nuisance.

h.

Instructions to the property owner describing procedures for scheduling a hearing before the Board of Supervisors for the purpose of presenting information as to why the property should not be considered a public nuisance.

i.

A statement that if the work is not completed within the number of days specified on the notice, or a hearing has not been requested in accordance with Section 13-6 h. of this chapter, or a time extension has not been granted to complete the abatement, the County may abate the nuisance without further notification and the property owner will be responsible for all costs associated with the investigation and abatement of the nuisance(s). The costs of such abatement action may be made a special assessment against the premise; may be paid through a Code Enforcement Debt Reduction Agreement; or alternatively may be referred to a debt collection agency.

j.

A statement that if the property owner fails to request a hearing, all rights to appeal any action of the County to abate the nuisance are waived.

k.

A statement that the costs of such abatement shall become a charge against the premises unless paid through a Code Enforcement Debt Reduction Agreement, or alternatively referred to a debt collection agency, and those costs shall be made a special assessment against the premises. Said special assessment may collected at the same time and in the same manner as is provided for the collection of ordinary county taxes, and shall be subject to the same penalties interest and to the same procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes.

a.

Such notice shall be deemed properly served if a copy thereof is either:

Delivered to owner personally;

Sent by certified or registered mail addressed to every responsible party at the last known address with return receipt requested, and posted at the site; or

Delivered in any other manner as prescribed by local law.

b.

If the certified or registered letter is returned showing the letter was not delivered, and the notice was not already posted at the site, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

c.

Service of such notice in the foregoing manner upon the property owner's agent shall constitute service of notice upon the owner.

d.

The failure of any person to receive any notice required under this chapter and/or the removal of any posted notice other than by the county shall not affect the validity of any proceedings taken under this chapter.

When substantial progress in abating nuisance conditions described in a Notice of

Nuisance and Order to Abate has been demonstrated by the property owner within the thirty-day abatement period, with at least fifty (50) percent of the conditions causing the nuisance(s) having been abated, the Enforcement Official may grant a time extension. Such time extension shall not exceed an additional thirty (30) days, and shall only be granted if, after discussion with the property owner, the Enforcement Official is confident that the granting of a time extension will result in complete abatement of the nuisance(s) by the property owner.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 2982, § 2, 12-4-2012)

requested by filing a written request for a hearing with the Lake County Community Development Department within twenty-one (21) days of service of the Notice of Nuisance and Order to Abate. When a hearing is requested as provided for in the Notice of Nuisance and Order to Abate, the Board shall proceed to hear the testimony of the Enforcement Official, his/her assistants or deputies, the testimony of the owner or his/her representatives, and the testimony of other competent persons concerning the conditions constituting such nuisance, the estimated cost of abatement, and other matters which the Board may deem pertinent. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the Enforcement Official, and other witnesses. The hearing may be continued from time to time.

Abate until such time as the case has been decided by the Board of Supervisors.

shall schedule a hearing before the Board of Supervisors. Notice of the hearing shall be sent by first class mail postage prepaid to the property owner and any other persons filing the request for hearing. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than ten (10) days from the date of mailing and posting such notice unless mutually agreed to by the property owner or responsible party and the Enforcement Official), the specific conditions or uses which constitute the public nuisance, and shall direct the owner(s) to appear and show cause why the specified condition or use should not be declared a public nuisance and abated.

proceedings, or it may uphold the Notice of Nuisance and Order to Abate, prescribing the requirements of such abatement and prescribing the time for the completion of such abatement.

Official may order the work to be performed on or after the 31st calendar day following the service of the Notice of Nuisance and Order to Abate. If a time extension has been granted in accordance with Section 13-6 of this Chapter, the Enforcement official shall not commence with abatement unless the property owner fails to complete the abatement within the time authorized.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 2982, § 3, 12-4-2012)

If the property owner or other responsible party fails to abate the nuisance within the time specified by the Enforcement Official, or the Board of Supervisors after a hearing, and is not granted a time extension, the Enforcement Official is authorized to secure, remove, demolish, raze or otherwise abate the nuisance at the expense of the owner(s).

(Ord. No. 2982, § 4, 12-4-2012)

Editor's note— Ord. No. 2982, § 4, adopted Dec. 4, 2012, repealed the former § 13-8 and enacted a new § 13-8 as set out herein. The former section pertained to Order of the Board and derived from Ord. No. 2927, § 1, 7-13-2010.

Supervisors and County Counsel, that an immediate threat or danger exists to the health, safety, or welfare of the occupants of a particular property or to members of the public, may order a summary abatement of a public nuisance in accordance with Chapter 5, Article IX of the Lake County Code without the standard notification and hearing requirements set forth in this chapter.

property owner to eliminate the hazardous condition.

a.

The Enforcement Official shall make a reasonable attempt to notify the occupants and owners of the subject property of the dangers which require the immediate vacation, repair, clean up, or securing of the property or structures thereof. Said notice shall be either by telephone or by personal visit to the premises.

b.

If the imminently dangerous condition can be substantially relieved by the performance of minor repairs or other acts, the Enforcement Official may perform or direct the performance of such acts without prior consent of or notice to the owners or occupants of the subject property.

c.

If the Enforcement Official finds that an immediate threat to public health, safety, or welfare exists and that it is unhealthy or hazardous to delay abatement action, he/she may order county staff or contractors to abate the condition.

d.

The property owner shall be liable for all costs associated with this abatement, including administrative, labor, and materials, and other costs.

(Ord. No. 2927, § 1, 7-13-2010; Ord. No. 2982, § 5, 12-4-2012)