Article IX — SUMMARY ABATEMENT

Editor's note— Ord. No. 2824, § 1, adopted June 19, 2007, added provisions that became Art. VII, §§ 5-30 —5-39, and in doing so, the provisions of Art. VIII have been renumbered from §§ 5-30 and 5-31 to §§ 5-40 and 5-41, and the provision of Art. IX had been renumbered from § 5-37 to § 5-42.

Notwithstanding any other provision of this Chapter to the contrary,

whenever it is determined that a public nuisance is so imminently dangerous to life, health, safety, welfare or other property that such condition must be immediately corrected or isolated, the Community Development Director or his/her designee may order a summary abatement of such public nuisance to the extent necessary to eliminate such threat or danger to the public in accordance with this article without the hearing requirements set forth in Article 1, Section 13-3 through 13-6 of Chapter 13 of the Lake County Code. In the event the public nuisance condition necessitates the demolition of an occupied building or structure an Engineer's analysis of the structure will be required in addition to the inspection by the Building and Safety Division prior to such demolition.

Upon determining that there is

such threat or danger to the public health or safety, the Community Development Director may issue a written order requiring the condition be abated within forty-eight (48) hours from the time the person maintaining the condition or occupying the premises on which it exists is personally served with a written order to abate such public nuisance condition. If the person occupying the property is not the owner, the Director shall also give oral or written notification of the abatement order to the owner of the property as soon as possible. If the property is vacant, the Director shall give oral or written notification of the abatement order to the owner of the property as soon as possible. In the event the Director is unable to make contact as required by this Section, or if the appropriate persons after notification by the Director do not take action as specified by such official within forty-eight (48) hours or a lesser period if deemed necessary, then the Director may, with the approval of a member of the Board of Supervisors and County Counsel take all steps necessary to remove or isolate such imminently dangerous condition or conditions, with the use of County forces or a contractor retained pursuant to the provisions of County Code, provided however, that summary abatement shall be limited solely to those matters which are imminently dangerous to life, health, safety, welfare or other property, and additional abatement, if necessary, shall utilize the provisions of Chapter 13 of the Lake County Code.

The Director shall provide a report to the Board of Supervisors at the next scheduled meeting explaining the emergency conditions that necessitated the summary abatement.

The property owner shall be responsible for the costs of summary

abatement, which shall be confirmed in accordance with Article 2 of Chapter 13 of Lake County Code, including but not limited to a post-abatement Hearing on Account and Proposed Assessment. In addition to any evidence required to be presented at the Hearing on Account and Proposed Assessment, the property owner shall have the right to present evidence to prove that a nuisance did not exist at the time of the summary abatement. In the event the Board of Supervisors finds that such evidence satisfactorily proves a nuisance did not exist at the time of the summary abatement, the costs of the summary abatement shall be a County charge.

(Ord. No. 2827, § 1, 6-26-2007)

Sections 490 through 495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations, which may be referred to in this Code as the MWELO, as 20 promulgated by the California Department of Water Resources, as may be amended, is hereby adopted, and incorporated by reference into the Lake 21 County Code. One (1) copy of the MWELO is on file and available for use by the public in the Building Division of the Community Development Department."

(Ord. No. 3125, § 1, 9-20-2022)