Marin County Municipal Code Ch. 1.05 Nuisance Abatement

Pursuant to Government Code Section 25845, the board of supervisors of Marin County hereby establishes the following procedures for the purpose of the abatement of public nuisances.

(Ord. 1508 § 1 (part), 1966)

The provisions of this chapter shall be applicable to any nuisance heretofore or hereafter defined as a nuisance by any ordinance of the county, section of the Marin County Code, resolution of the board of supervisors, or statutes of the state of California. A public nuisance shall further include any unlawful obstruction or encroachment on any public property, including but not limited to any public street, highway, right-of-way, park or building.

(Ord. 1508 § 1 (part), 1966)

A. Any person who violates any provision of the Marin County Code shall be liable for a civil penalty not to exceed two thousand five hundred dollars for each violation. After any person has been given notice that any act or failure to act is a violation of the county code, it shall be a separate offense for each and every day during any portion of which that person knowingly commits or permits additional acts constituting a violation of that provision of the Marin County Code. After such notice of the violation has been given to the person, a reasonable period of time shall be given to that person to correct or remedy the violation(s). This reasonable period of time shall not be less than ten days from the date the county issues a notice, other than the abatement hearing notice specified in Section 1.05.030D below, that any act or failure to act is a violation of the county code.

B. Any person who constructs or converts or allows a structure to be used for human habitation without a building, development or use permit required by any provision of the Marin County Code shall be liable for a civil penalty in the amount of any rent received from any person occupying the illegal structure, or, in the alternative, in the amount of the reasonable rental value of the structure from the date of its construction or conversion or initiation of use.

C. Any person violating any of the provisions of this Code shall be liable to pay the county's total costs of enforcement, including charges for attorney's fees as set forth below. Pursuant to Government Code Section 25845(c), attorney's fees may be recovered by the prevailing party in any action brought under this chapter if the county elects at the initiation of the action to seek recovery of its own attorney's fees. For the purposes of this section the initiation of the action shall be the date of service of the notice to abate nuisance sent by the county pursuant to Section 1.05.040. Attorney's fees may be recovered by the county if the county is the prevailing party in an action brought under this chapter. If the person alleged to have violated this Code is the prevailing party, that person may recover their reasonable attorney's fees in an amount not to exceed the amount of attorney's fees incurred by the county in the action.

D. The board of supervisors shall provide one or more hearing officers to conduct hearings, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to prepare a record of the proceedings, to issue enforcement orders with regard to violations of the county code or of specified chapters of the county code, and to provide for the recovery of enforcement costs, any civil penalties, and any other costs of abatement as a special assessment against the property on which the violation(s) occurred or as a personal obligation of the person committing or permitting the violation(s). Written notice of the hearing shall be provided at least fifteen days prior to the date of the first hearing. This written notice shall be given in accordance with the provisions of Section 1.04.190 to the person or persons alleged to have violated the county code, and to any other person known to own or possess the property.

(Ord. 3271 § 1, 1998; Ord. 3223 § 1 (part), 1996; Ord. 3186 § 1, 1994: Ord. 1539 § 1, 1966: prior Ord. 1508 § 1 (part), 1966)

The notice will provide the time, date and location of the hearing. It shall also state the county code provisions alleged to have been violated; a description of the property on which the alleged violation has occurred, including the parcel number used by the assessor on the current roll; the name and address, if known, of the person alleged to have committed or permitted the violation(s) and of the property owner and other person, if any, in possession of the property; the estimated costs of enforcement, other abatement costs, and civil penalties proposed to be made as a special assessment against the property and collected on the tax roll or to be collected as a personal obligation; and the name, address, and telephone number of the department or agency issuing the notice to which protests, or objections, or other communications may be directed. A second hearing shall be held to consider the enforcement orders to be made, unless the hearing officer determines at the first hearing that either no violation has occurred or that the matter may be concluded at the first hearing.

(Ord. 3498 § 2, 2008: Ord. 3186 § 2, 1994: Ord. 1508 § 1 (part), 1966)

(Ord. No. 3665, § II(exh. A), 2017)

A. At the time stated in the notice the hearing officer shall hear and consider all objections and protests.

B. In conducting the hearings, the hearing officer shall give weight to the administrative interpretation of an ordinance provision by the department charged with its enforcement unless that interpretation is shown to be clearly erroneous or unauthorized.

C. At the conclusion of the hearings held on the alleged violation(s), the hearing officer shall have the authority to render a decision, supported by written findings, which:

1. Determines whether the alleged violation(s) of the county code have been committed or permitted by the person given notice;

2. Orders the payment of the total amount of the county's enforcement costs and other abatement costs by any such person found to have committed or permitted the violations;

3. Orders the payment of civil penalties to be paid by any such person found to have committed or permitted the violations;

4. Orders action to be taken to correct any violations by any such person found to have committed or permitted the violations;

5. Determines whether any enforcement costs, other abatement costs, and civil penalties are to be made a special assessment against the property on which the violation(s) occurred and collected on the secured tax roll, or are to be the personal obligation of the person committing or permitting the violation and collected on the unsecured tax roll.

D. In determining the amount of civil penalties to be assessed against any person violating a provision of the county code, the hearing officer shall take into consideration the following:

1. The extent to which the person had knowledge or reasonably should have known that the action taken was a violation of the county code;

2. The magnitude of the violation;

3. The extent to which the person derived a financial benefit from the violation;

4. Any prior history of related violations by the same person on the subject property or on other parcels within the county;

5. Any corrective action voluntarily undertaken by the person prior to the hearing to eliminate the violations, and any other mitigating circumstances justifying a reduction of the amount of the penalties.

E. The authority of the hearing officer to impose civil penalties is limited to a maximum of two thousand five hundred dollars per violation, per day pursuant to Sections 1.04.170 and 1.05.030A.

F. The decision of the hearing officer shall be final when issued in writing, within thirty days of the close of hearing and shall be enforceable ninety days after the decision, unless a stay of execution is issued by a court of competent jurisdiction. However, an order for corrective action shall be enforceable immediately if the hearing officer determines and makes the finding that immediate action is necessary to protect the public health and safety. The decision of the hearing officer shall include a statement of the appeal rights of any party to the proceeding as set forth in subsection G of this section.

G. The provisions of California Government Code Section 53069.4(b)(1) shall be applicable with regard to proceedings to obtain judicial review of the decisions of the hearing officer. The provisions of California Government Code Section 53069.4(b)(1) shall not expand the scope of judicial review, but shall prevail over any conflicting provisions and any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply. The decision of the hearing officer shall be subject to judicial review pursuant to the provisions of California Government Code Section 53069.4(b)(1) only if a notice of appeal pursuant to that section is filed in the superior court of Marin County within twenty days after service of the final administrative order or decision of the hearing officer. Thereafter, all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceedings, determinations or actions taken. A copy of the notice of appeal shall be served in person or by first class mail upon the local agency by the contestant.

(Ord. 3271 § 2, 1998; Ord. 3223 § 1 (part), 1996; Ord. 3186 § 3, 1994: Ord. 3123 § 1, 1993: Ord. 1508 § 1 (part), 1966)

(Ord. No. 3665, § II(exh. A), 2017)

A. The hearing officer shall submit the decision to the clerk of the board of supervisors. At such time as a decision which imposes a special assessment is enforceable as provided in Section 1.05.050(G), the clerk of the board shall cause to be recorded in the county recorder's office a notice of code enforcement assessment lien if the special assessment is then unpaid. Upon recordation of a notice of code enforcement assessment lien, the assessment lien shall attach to the property. Each such assessment lien shall be subordinate to all existing special assessment liens previously imposed upon such property and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the amount of the lien and all interest and penalties due and payable thereon are paid. Recordation of a notice of code enforcement assessment lien shall have the same effect as recordation of an abstract of a money judgment. At such time as any decision of the hearing officer is enforceable which orders the payment of enforcement costs, and other abatement costs, and/or civil penalties, and such costs and civil penalties have not then been paid in full, the clerk of the board of supervisors shall file with the assessor-recorder and treasurer-tax collector a certified copy of the notice of code enforcement assessment lien for each obligation for payment which has been made a special assessment, and a notice of code enforcement personal obligation for each which is a personal obligation. The assessor-recorder shall add the unpaid amount(s) of the special assessments to the next regular tax bill for taxes levied against said property for county purposes. For personal obligations, the assessor-recorder shall add the unpaid amounts to the unsecured tax roll. Thereafter said amount(s) added to the secured and unsecured tax rolls shall be collected at the same time and in the same manner as county taxes are collected, and shall be subject to the same interest charges and penalties and procedure for sale in case of delinquency as provided for property taxes of the county, and all laws applicable to the levy, collection and enforcement of county taxes shall be applicable. If any real property to which a code enforcement assessment lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of county taxes would become delinquent then the enforcement costs, other abatement costs, and civil penalties shall not result in a lien against the real property but shall be transferred to the unsecured roll for collection.

B. On payment to the treasurer-tax collector of a special assessment, the treasurer-tax collector shall cause to be recorded a release of lien with the county recorder, and from the sum collected pursuant to this section the assessor-recorder shall distribute to the county recorder a release of lien fee established by Government Code Section 27361.3.

(Ord. 3186 § 4, 1994: Ord. 1539 § 2, 1966: prior Ord. 1508 § 1 (part), 1966)

A. The county counsel upon receipt of a decision of a hearing officer which orders the payment of civil penalties or payment of enforcement costs or other abatement costs, may (in addition to any other collection procedures provided by this section) prepare and file a civil action on behalf of the county in any court of competent jurisdiction to recover the civil penalties and costs of enforcement provided by this section and for injunctive or any other appropriate relief. All penalties recovered by the county counsel under this section in excess of the total county costs of enforcement shall be deposited in the county's general fund.

B. In the event a civil action is initiated to obtain enforcement of the decision of the hearing officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the county's total costs of enforcement.

(Ord. 3223 § 1 (part), 1996; Ord. 3186 § 5, 1994: Ord. 1508 § 1 (part), 1966)

The remedies and civil penalties provided by this chapter shall be in addition to any other remedies and penalties provided by law.

(Ord. 3186 § 6, 1994: Ord. 1508 § 1 (part), 1966)

Where the board of supervisors has evidence that a violation of its codes poses a significant health or safety hazard to the owners or occupants of the property, adjoining properties or to the surrounding community, the board of supervisors may, in its discretion, commence a judicial action to enjoin such violation without the necessity of first going through the administrative procedures set forth in Sections 1.05.030 through 1.05.060.

(Ord. 3186 § 7, 1994: Ord. 1508 § 1 (part), 1966)

Pursuant to Government Code Section 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with an ordinance enacted pursuant to Section 25845, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the county may seek an order from the court awarding treble the costs of the abatement from the property owner.

(Ord. 3123 § 2, 1993)

Applications for permits pursuant to provisions of the Marin County Code may be denied or conditionally approved if any related violation of the Marin County Code or state law is found to exist on the same property. Acceptance of an application for a permit may be withheld until the applicant has paid the county's total cost of enforcement with regard to any violation(s) sought to be resolved by the application and with regard to any related violation; and any unpaid application fees and charges relating to the same property may be required to be paid prior to issuance of a permit.

(Ord. 3186 § 8, 1994)