Article 2 — ABATEMENT OF NUISANCES

The procedure set forth in this article for abatement of nuisances and the making of the cost of abatement of a public nuisance which exists on a parcel of land a special assessment against that parcel is adopted pursuant to Government Code section 25845 and article 11, section 7 of the California Constitution. The procedure set forth in this article for abatement applies to any matter which is determined to be a nuisance.

The procedure set forth in this division is not exclusive and is in addition to the procedure for abatement which is conferred upon the County by Civil Code section 3494, Code of Civil Procedure section 731, and any other applicable provision of law.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

Initiation of proceedings under this Article is not required prior to abatement of the nuisance where the nuisance presents a threat to the public health and safety as contemplated by Sections 3-13-3, 3-14-3, 3- 14-8, 7-1-16, 7-1-811, 7-9-103, and 7-9-130.3 of these Ordinances, or where the Director, in coordination with County Counsel, obtains a nuisance inspection and abatement warrant pursuant to Civil Code section 1822.50, et seq. In such cases, the opportunity for an administrative hearing and opportunity to contest the finding that there is a nuisance may occur after the abatement of the nuisance is complete. In urgent situations where the County seeks an inspection and nuisance abatement warrant, the Director or designee shall inform the issuing court that the interested parties shall be provided with notice and an opportunity to be heard regarding the abatement by the County post-abatement. In cases where the County pursues summary abatement on the basis that the nuisance is a threat to public health and/or safety, the Director or designee shall provide the interested parties with notice and an opportunity to be heard regarding the summary abatement post-abatement.

(a)

Abatement Warrant. In compliance with the requirements of this Section, the Director or any enforcement officer may seek and obtain an abatement warrant from a court of competent jurisdiction to abate any nuisance condition as defined by Section 1-1-40.15, subdivision (b), Section 7-1-16, subdivision (a), and Section 7-9-130.3, subdivision (b) of these Ordinances. Upon the issuance of an abatement warrant by the court, the conditions may be abated by County personnel or by a private contractor hired by the County for that purpose, subject to the requirements of the warrant and these Ordinances. The Director shall give all interested parties notice of the County's abatement not less than twenty-four (24) hours prior to conducting the abatement, unless the warrant authorizes immediate abatement without notice.

After the abatement authorized by a court-issued warrant is completed, a warrant return describing the work performed and providing an itemized accounting of the total abatement and administrative costs shall be prepared by the Director. The report shall contain the names and addresses of the interested parties, the name and address of the property owner, and a description of the nuisance property sufficient to identify the property, including the Assessor's Parcel Number and commonly known address of the property.

(b)

Summary Abatement. Whenever the Director or Building Official determines that an imminent threat to public health and/or public safety exists that requires immediate correction or elimination, the Director or Building Official may cause the hazard or nuisance to be summarily abated by County personnel or a private contractor hired by the County for that purpose. The Director or Building Official shall pursue only the minimum level of correction or abatement that is necessary to eliminate the imminent hazard. The Director or Building Official may exercise the following powers to summarily abate a hazard or nuisance, as contemplated by Sections 1-1-40.15, 7-1-16, and 7-9-103 of these Ordinances:

Order any tenants to vacate a property and prohibit occupancy until repairs are completed.

Condemn, red-tag, or post the premises as unsafe, substandard, or dangerous.

Board, fence, or secure the building or site per County or state requirements.

Raze and grade that portion of the building or site as necessary to prevent risk of collapse.

Make any emergency repairs as necessary to eliminate any immediate threat to public health and/or safety.

Take any other action deemed by the Director or Building Official to be reasonably appropriate under the circumstances.

(c)

Personal Property. If any personal property is altered or removed during the course of a summary abatement or abatement authorized by a court-issued warrant, written notice shall be provided to all interested parties and conspicuously posted in the area where the personal property was located. The written notice shall contain the following:

The date and approximate time that the personal property was altered or removed.

A general description of the personal property that was altered or removed.

A statement identifying how the personal property was removed or altered and the reason therefore.

The address at which the personal property may be retrieved, including the phone number and/or email address through which a person may receive information regarding the personal property and how to retrieve it.

A statement indicating whether the personal property can be immediately retrieved or whether the interested party must request a post-removal hearing at which it will be determined whether the personal property will be returned, unless immediate destruction is necessary to protect public health and/or public safety.

A statement that if the personal property is not retrieved within forty-five (45) days of the notice, or, if a post-removal hearing is necessary, if a hearing is not requested within forty-five (45) days of the notice, the property will be deemed abandoned and forfeited, and the property may thereafter be discarded or destroyed.

(d)

Cost Recovery. Costs incurred by the County in the course of summary abatement and/or abatement of a nuisance pursuant to a court-issued abatement warrant shall be assessed, collected, and recovered against the nuisance property and from the responsible parties.

(e)

This summary abatement and nuisance abatement warrant procedure are not exclusive and the Director and/or Building Official may also pursue any other administrative, criminal, or civil remedies available for such nuisance violations.

(Ord. No. 26-002, § 1, 2-24-26)

The Director of Orange County Public Works or designee may determine that any premises within the unincorporated area of the County of Orange constitutes a public nuisance pursuant to any provision of law, including but not limited to Civil Code sections 3479 and 3480, and may initiate proceedings pursuant to this article. The authority of the Director shall, however, be limited to those types of matters set forth in

these Codified Ordinances and to those other specific matters as to which the board of supervisors may direct that proceedings be initiated.

The Director shall issue a letter of determination which shall identify the premises and state the conditions which constitute the nuisance and shall request that such conditions be corrected within a stated period of time, not less than fifteen (15) days. The letter of determination shall be mailed to the responsible parties, including but not limited to the owner and occupant of the premises. If the conditions are not remedied within the stated time, the Director may schedule a hearing to determine whether or not a nuisance exists.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

When a hearing is scheduled, the Director shall serve on the responsible parties, including but not limited to the owner and occupant of the subject premises, a copy of the letter of determination and a notice of hearing in substantially the form set forth in Section 3-14-5, and a copy of this article. The letter of determination and notice may be served by any of the following methods:

•

Personal service

•

First-class mail or certified mail, return receipt requested.

•

For any party that resides at, or occupies, the nuisance property, by posting the notice in a conspicuous place at the entrance to the nuisance property.

•

For any party registered with the Secretary of State, by certified mail to that party's agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

•

If a valid address for any party cannot be determined, then by posting in a conspicuous place at the entrance to the nuisance property.

•

By email when a valid email address is provided by that party.

•

In any other manner reasonably calculated to effectuate notice.

Service by posting, personal delivery, or electronic delivery shall be deemed effective at the time of posting or delivery. Service by mail in any manner described in this Section shall be deemed effective upon deposit in the mail. In all cases, notice under this section shall be provided, at minimum, to the owner of the premises as shown on the latest equalized assessment roll and shall be posted in a conspicuous location on the subject property not less than thirty (30) calendar days prior to the date of the hearing.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

The notice referred to in Section 3-14-4 shall be in substantially the following form:

"Notice is hereby given that on the _____ day of _______, the Director of Orange County Public Works determined that a nuisance subject to abatement may exist on the following described premises. On the _____ day of _______, at the _______, located at ___________, a hearing will be held before a hearing officer appointed by the Orange County Board of Supervisors to determine whether a public nuisance exists on the premises. If the premises, in all or in part, is found to constitute a public nuisance and if the same is not promptly abated by the owner, such nuisance may be abated by the County, in which case the costs of such abatement will be assessed upon such premises and such costs will constitute a lien upon such land until paid.

The premises are described as follows: ______________________."

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

At the time fixed in the notice, the hearing officer appointed by the Board of Supervisors shall hear testimony regarding the alleged nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. At the conclusion of the hearing, the hearing officer shall determine based on a preponderance of evidence whether or not a nuisance exists; and, if the hearing officer so concludes, he may declare the conditions existing to be a nuisance and order the person owning or occupying the property upon which the nuisance exists to abate it. Such order shall be posted in a conspicuous location on the subject premises, and the owner or occupant of the property shall be required to abate the nuisance, if one is found to exist, within thirty (30) days of the posting of the order on the premises. The decision of the hearing officer shall be in writing and shall be final upon service of a copy of the decision and order in accordance with Section 3-14-4.

During the existence of a state or local emergency declaration that affects the ability to safely conduct an in-person hearing, the hearing officer may conduct the hearing by electronic means or by phone.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

The hearing officer may grant an extension of time to abate the nuisance if, in his opinion, good cause for an extension exists. The hearing officer may also continue the hearing and request additional evidence from

the Director or the interested party prior to issuing a decision.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

If the nuisance is not abated within the time identified in the hearing officer's order, County personnel or a private contractor hired by the County for that purpose may proceed to abate the nuisance, unless an appeal has been filed pursuant to Section 3-14-13.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

The Director shall keep an itemized account of the costs involved in abating the nuisance.

The Director shall post conspicuously on the property and shall also mail to the owner and occupant of the property a statement showing the cost of the abatement. The statement shall be accompanied by a notice to the owner and occupant that the cost of abatement may be protested as set forth in Section 3-14-10. If the cost is not protested within ten (10) calendar days after it is mailed and posted on the premises, it shall be deemed final.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

The owner or occupant may protest the cost of abatement by requesting a hearing before the hearing officer within ten (10) calendar days of when the statement of costs described in Section 3-14-9 is mailed and posted on the premises. Upon receipt of such a request, the Director shall schedule a hearing upon at least ten (10) calendar days' notice to the persons and in the manner provided in Section 3-14-4. At the time fixed for the hearing on the statement of costs, the hearing officer shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. The hearing officer may revise, correct or modify the statement as he considers just and thereafter shall confirm the cost. The decision of the hearing officer shall be in writing and shall be served by one of the methods described in Section 3-14-4. The decision shall be final upon mailing.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

If the property owner or occupant does not pay the cost of abating the nuisance within thirty (30) calendar days after the cost becomes final or after the cost has been confirmed by the Superior Court, if appealed, the cost of abatement shall become a special assessment against the property on which the nuisance was abated and a notice of lien recorded against the property. The assessment shall continue until it is paid, together with interest at the rate of seven (7) percent a year computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary taxes. All acts applicable to levy, collection and enforcement of property taxes shall apply to this special assessment.

The County is entitled, and is hereby authorized, to recover all past due abatement costs, hearing costs, administrative fees, administrative fines, late fees, and collection costs by use of all available legal means, including, but not limited to, collection from the responsible parties and by lien or special assessment against the nuisance property. Each responsible party shall be jointly and severally liable to the County for all of the County's abatement costs. The procedures provided in this Section are in addition to all other remedies and cost recovery options available to the County in law or equity.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

For a special assessment for abatement costs against the nuisance property pursuant to Section 3-14-11, the Clerk of the Board of Supervisors shall file in the office of the County Recorder a notice in substantially the following form:

"Under the authority of Government Code section 25845, the County of Orange did on ________, 20, order abatement of a nuisance and on _____, 20_, did abate such nuisance upon the real property hereafter described and then on _, 20, did assess the cost of the abatement upon the real property. The record owner (or possessor) of such property was (name and address). The County claims a special assessment on the real property for the cost of doing the work in the amount of $. This amount is a special assessment against the real property until it is paid, with interest at the rate of seven (7) percent a year from ________, 20 (insert date of confirmation of statement), and discharge of record. The real property referred to above, and upon which the special assessment is claimed is that certain parcel of land situated within the County of Orange, State of California, more particularly described as follows: ______________________."

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

Within twenty (20) calendar days of the date of the delivery or mailing of the Hearing Officer's determination to the interested party, the interested party may contest that decision by filing an appeal with the Superior Court and paying the court clerk the filing fee established by Government Code section 53069.4, or any successor statute thereto. The failure to file the appeal and pay the filing fee within twenty (20) calendar days shall constitute a waiver of the right to appeal, and the Hearing Officer's determination shall become final. If an appeal is filed, the appellant shall serve a copy of the notice of appeal in person or by first class mail upon the Director.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

A hearing officer shall be appointed by the Board of Supervisors to conduct hearings pursuant to this article as necessary, with the authorities granted by Government Code section 27721.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

Formal rules of evidence shall not apply to hearings conducted pursuant to this article, and the hearing officer shall have the authority to issue subpoenas, receive evidence, and administer oaths, consistent with Government Code section 27721.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

Any County official charged with enforcement of any provisions of law which authorize abatement of nuisances may utilize the provisions of this article for such abatement. In such instances, the official shall have the same powers as those given by this article to the Director of Orange County Public Works.

(Ord. No. 3608, § 1, 12-17-86; Ord. No. 26-002, § 1, 2-24-26)

(a)

Notwithstanding any other provision in this Code to the contrary, each person who allows, causes, conducts, maintains or permits any condition, activity or use that is declared by Title 3, Division 13 to be a public nuisance or that is prohibited thereby, is guilty of a misdemeanor pursuant to Section 1-1-34(a) of Title 1 of this Code.

(b)

A misdemeanor may be charged as an infraction when:

(1)

The District Attorney files a complaint charging the offense as an infraction; or

(2)

The court, on motion of the District Attorney and with the consent of the defendant, determines to treat a misdemeanor offense as an infraction, in which event the case will proceed as if the defendant had been arraigned on an infraction complaint.

(c)

As used in this section, "person" includes a natural human being, any form of association, joint venture, partnership, corporation, trust or other entity of any kind, any person acting as a fiduciary or trustee, any municipal, political or governmental corporation, district, entity, body or agency other than this county, and any combination of persons. For violations of this Code involving real property, "Person" shall also include, without limitation, those who own, occupy, exercise dominion of, or otherwise control, or who are responsible for, said premises. "Person" shall also include agents thereof.

(Ord. No. 02-005, § 2, 7-23-02; Ord. No. 05-011, § 1, 6-7-05)

The Director of the Planning and Development Services Department and such subordinates as the Director may designate may be charged with enforcement of the provisions of the article. In accordance with Penal Code section 836.5, the Director and subordinates are hereby authorized to arrest any person whom they have reasonable cause to believe has committed a violation of this article in their process.

(Ord. No. 02-005, § 2, 7-23-02)

Secs. 3-14-19—3-14-100. - Reserved.