Earlier editions: 2026-09
Title 4 — PUBLIC SAFETY›Chapter 9 — BECKWOURTH COMPLEX AND DIXIE FIRES RECOVERY
Plumas County Municipal Code Art. 2 Mandatory Debris and Hazard Tree Removal
Plumas County Municipal Code · 2026-10 edition · updated 2026-10-04 · Plumas County
Cite as: Plumas County Municipal Code Article 2 · Text as of 2026-10-04
Sec. 4-9.201. - Mandatory structural debris and hazard tree removal requirements.¶
This article establishes a mandatory fire debris removal requirement that sets forth the manner in which structural debris and hazard trees will be identified and removed. Structural debris and hazard trees must be removed for the immediate preservation of the public peace, health and safety.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.202. - Effective period.¶
This article relating to fire debris removal shall take effect immediately upon adoption and shall remain in effect until fire debris removal has been completed on all properties damaged by the Beckwourth Complex and Dixie Fires. Regardless of when fire debris removal has been completed, Section 4-9.405 relating to temporary log storage yards, as well as any sections within this article that relate to it, shall remain in effect until December 31, 2024.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.203. - Prohibition on removal of structural debris from private property.¶
Any removal of structural debris from private property is prohibited except pursuant to the requirements of the table below. For purposes of this section, the prohibition refers to the removal, transport and disposal of structural debris, but it does not include the removal of personal property from residential sites unless such removal of personal property involves cleanup and the removal of ash from the private property.
| No structure on burned private property | Non-qualifying structures (Structures less than 120 square feet only on burned private property) | Qualifying structures (Structures 120 square feet and over on burned private property) | |
|---|---|---|---|
| Prior to completion of Phase I cleanup | Owner may remove debris | Debris removal prohibited | Debris removal prohibited |
| Prior to completion of Phase II cleanup | Owner may remove debris | Owner may remove debris with certificate from the Right of Entry Processing Center or the Department of Environmental Health | Government or Alternative Program contractors only may remove debris |
| Following Phase II cleanup | Owner may remove debris | Owner may remove debris with certificate from the Right of Entry Processing Center or the Department of Environmental Health | Owner may remove remaining debris not removed during Phase II with certificate from the Right of Entry Processing Center or the Department Environmental Health |
For the purposes of this article, the requirement to enter into the government program or the alternative program shall apply only to properties that contained a qualifying structure or hazard trees under the government program. The requirement shall not apply to properties that only contained non-qualifying structures, including but not limited to sheds, canopies, carports, well houses, greenhouses, chicken coops or fencing. Whether debris is derived from a qualifying or non-qualifying structure shall be determined by the Environmental Health Director, or his or her designee, in consultation with the State's Consolidated Debris Removal Program.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.204. - Removal of structural debris and hazard trees through the government…¶
(a) The government program will remove fire debris at no out-of-pocket cost to the owner. If an owner does not participate in the government program and there is fire debris on their property, the owners are required to remove such fire debris at their own cost.
(b) To participate in the government program, owners must complete and submit a right of entry permit. The right of entry permit shall function as the sole permit and authorization for participation in the government program. Notwithstanding any contrary provision in Plumas County Code, no County approvals or permits for the removal of structural debris and hazard trees are required for properties participating in the government program, other than the right of entry permit.
(c) If a property contains fire debris and the owner of the property does not participate in the government program, the alternative program or the private tree program (as applicable), the County will enforce this article and charge the owners with any administrative and abatement costs related to such enforcement as described below. The costs of the alternative program and private tree program are paid by the property owner.
(d) In implementing the government program, it is the Board's preference that property owners who have submitted an application for a development permit have priority in the government program.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.205. - Owner's removal of structural debris through the alternative program.¶
(a) The County shall administratively adopt and administer the alternative program in the unincorporated areas of Plumas County under the supervision of the Environmental Health Director or his or her designee. The County shall utilize the wildfire debris removal state and federal standards and cleanup goals of the government program as the standards for the alternative program. Under the supervision of the Environmental Health Director or his or her designee, the County may administratively update these standards as necessary to address ongoing changes in the administration of the government program and the need to efficiently remove hazardous structural debris from the community.
(b) For those persons who are disqualified from the government program, or who opt out of the government program, private action to remove structural debris from fire-damaged properties is prohibited unless and until a hazardous materials inspection has been performed and authorization from the Department of Environmental Health has been provided pursuant to the alternative program.
(c) The alternative program shall require an application and work plan that identifies the appropriate licensed contractors who will perform the work and the submission of plans that demonstrate that the standards established in the alternative program will be met. Work shall not begin until the County approves the application and work plan. The County may rely upon the subject matter expertise of multiple departments in deciding whether to approve the application and work plan.
(d) Upon completion of the work described in the approved work plan, the alternative program shall require an application for certification of successful completion of the work required by the alternative program. The alternative program will require that: (1) the debris removal and clean-up work on the property meets or exceeds the standards set by the State of California for debris removal; and (2) the owner completely remove and dispose of the foundation or submit a letter from a licensed civil or structural engineer certifying that the foundation is acceptable for rebuild. The letter shall certify structural reasons for the decision and include the process and procedure used to reach the conclusion.
(e) Notwithstanding any contrary provision in Plumas County Code, no County demolition permit shall be required for private debris removal work for which the alternative program has issued an approval to allow such work to proceed.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.206. - Owner's removal of hazard trees through the private tree program.¶
(a) As an alternative to the government program's removal of hazard trees, the private tree program provides the owner with the option of identifying and removing hazard tree(s) on their property at their own cost. To participate in the private tree program, owners shall submit either (1) an inspection access form or (2) an arborist's/forester's certification for their property. Following the owner's identification and removal of hazard trees and submittal of an inspection access form, the private tree program shall require the Enforcement Officer to make a visual confirmation of the removal of hazard trees on the subject property. This visual inspection of compliance with the private tree program shall be sufficient for meeting the requirements of this section. When a property owner submits an inspection access form, whether the hazard tree removal is adequate shall be in the sole discretion of the Enforcement Officer. In the alternative, when a property owner submits an arborist's/forester's certification, that shall be sufficient for meeting the requirements of this section.
(b) Notwithstanding anything herein to the contrary, in the private tree program, owners may choose to temporarily retain and promptly utilize felled hazard trees which were standing on their property. This temporary retention and utilization by the owner shall be permitted only to the extent felled hazard trees and incidental foliage, slash, tree branches or limbs and chipped or mulched vegetation do not constitute a fire hazard as prohibited by applicable law, including, but not limited to, California Public Resources Code Section 4291 et seq., Title 19 of the California Code of Regulations and Title 8, Chapter 14 of the Plumas County Code. Such requirements include but are not limited to the following:
(1) In storing such hazard trees prior to utilization, unless otherwise approved by the appropriate fire protection entity an owner shall be required to:
i. Maintain a setback of no less than one hundred (100) feet from any inhabited building or structure;
ii. Maintain a setback of no less than thirty (30') feet from any uninhabited building or structure; and
iii. Maintain a setback around the parcel's property lines of no less than thirty (30') feet wide.
(2) If an owner utilizes felled hazard trees for wood chips, the owner shall be required to spread the wood chips to a depth of no greater than three (3") inches while maintaining a setback of no less than five (5') feet from any building or structure.
(c) If any temporary retention and utilization of hazard trees constitutes a fire hazard, it is a public nuisance and may be abated using any available legal remedy. If the owner chooses to temporarily retain and utilize felled hazard trees, the owner is required to utilize such hazard trees prior to the Enforcing Officer's visit to the property to confirm compliance with the private tree program. For the purposes of this section, any temporary retention and utilization of felled hazard trees by the property owner is not a temporary log storage yard (i.e., log deck) as described in this Title 4, Chapter 9. Owners may not receive felled trees from other properties.
(d) The County shall utilize the hazard tree removal state and federal standards and cleanup goals of the government program as the standards for the private tree program, including, but not limited to, the criteria for determining whether a tree is a hazard tree. Under the supervision of the Enforcement Officer, the County may administratively update these standards as necessary to address ongoing changes in the administration of the government program and the need to efficiently remove hazard trees from the community.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.207. - Hold on building permits.¶
(a) Other than as stated in section (b) below, any issued County of Plumas building permit to repair or reconstruct a fire damaged structure or private infrastructure shall be held in abeyance and not acted upon until structural debris and hazardous tree cleanup is completed on the affected property and completion is confirmed to the County Building Official, either through the government program or the alternative program, as applicable.
(b) Notwithstanding section (a), this section shall not apply to permits relating to wells or septic systems through the Environmental Health Department.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.208. - Deadlines and enforcement.¶
(a) The Board may set a deadline for filing an acceptable application for the Alternative Program and Private Tree Program by resolution.
(b) Properties that have fire debris from the Beckwourth Complex and Dixie Fires and that have not submitted an approved (1) right of entry permit for the government program, (2) application for the Alternative Program (for structural debris), (3) inspection access form for the Private Tree Program (for hazard trees) and/or (4) an approved Arborist's/Forester's Certification for the Private Tree Program (for hazard trees) (as applicable) by the deadline(s) set by the Board are declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.
(c) The Board may set deadlines for the completion of work in the Alternative Program and Private Tree Program by resolution. Properties that have fire debris from the Beckwourth Complex and Dixie Fires after the deadline set by the Board are declared a nuisance and health hazard and such properties may be abated pursuant to this chapter.
(d) The Board's intent is to facilitate orderly remediation of a large scale disaster. Nothing in these deadlines shall limit the authority of the County to abate hazards more quickly where required by exigent circumstances. Nothing in this article or in these deadlines shall limit the authority of the Health Officer to require preventive measures as defined in California Health and Safety Code Section 101040.
(e) Enforcement and abatement.
(1) General enforcement action. When the Enforcement Officer determines that an activity is being performed in violation of this article, the Enforcement Officer may initiate an enforcement action using any process set forth in California law and/or in the Plumas County Code and may seek the imposition of costs and civil penalties pursuant to California law and/or the Plumas County Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including but not limited to, Health Officer orders pursuant to California Health and Safety Code Section 101040.
(2) Summary abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 25845, and the Plumas County Code, if the Enforcement Officer determines that a violation of this article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County of Plumas. The costs shall be charged to the property owners(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this article.
(i) Pre-abatement notice. Unless emergency conditions preclude doing so, the Structural Debris Enforcement Officer shall issue a Summary Abatement Notice and Order with reasonable notice. The Notice and Order shall be mailed to the property owner(s) as listed on the last equalized tax roll. A summary of the Notice and Order shall be posted in a conspicuous location on the property to be abated at least ten (10) calendar days prior to the summary abatement action.
(ii) Appeal and waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the Structural Debris Enforcement Officer's Order to the Health Officer or his or her designee no later than ten (10) calendar days from the date of mailing of the Notice and Order. The written appeal shall state the basis for the appeal. The Health Officer or his/her designee shall review the appeal and shall issue a written decision (the "Decision") no later than ten (10) calendar days after receipt. The decision shall uphold, rescind or modify the determination of the Notice and Order. The decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.
(iii) Post abatement notice. After the summary abatement is completed, the Structural Debris Enforcement Officer shall serve the property owner(s) with a post abatement notice that sets forth: (a) the actions taken by the County; (b) the reasons for the actions; (c) a statement of the costs, expenses and attorney's fees, if any, of the abatement and notice of the County's intent to collect those costs; and (d) right to appeal the costs determination within ten (10) calendar days of the notice. If the property owner is responsible for any costs, expenses or attorney's fees, such costs shall become a lien against the property and a Notice of Abatement Lien may be recorded.
(iv) Post abatement costs appeal. If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the County shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing. The hearing conducted shall be held before a hearing officer designated pursuant to the protocol set forth in that document entitled the "Plumas County Administrative Hearing Officer Program." The Program is based upon an alphabetical rotation through attorneys currently under contract through the Program. The hearing officer shall conduct an administrative hearing where each party shall have the opportunity to present evidence and the County shall have the obligation to establish that the costs, including expenses and attorney's fees, if any, incurred for the summary abatement were necessary by a preponderance of the evidence. After the hearing, the hearing officer shall issue a written decision and order that shall be served upon the appealing party within thirty (30) calendar days of the hearing unless extended by agreement of the parties.
(3) Abatement and administrative costs. If a public nuisance is found to be present on the property in violation of this article, the Enforcement Officer shall pursue payment for Abatement and Administrative Costs from the owner and the owner of the property shall be responsible for paying all of the County's Abatement Costs and Administrative Costs.
(i) The term "Abatement Costs" means any costs or expenses reasonably related to the abatement of conditions which violate this Article of the County Code, and shall include, but not be limited to enforcement, investigation, collection and administrative costs, and the costs associated with the removal or correction of the violation.
(ii) The term "Administrative Costs," shall include the cost of County staff time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, investigations, telephone contacts and time spent preparing summaries, reports, notices, correspondence, warrants and hearing packets. The time expended by the Enforcement Officer and Auditor-Controller staff, to calculate the above costs and prepare itemized invoices, may also be recovered.
(4) Burden of proof of public nuisance. When an owner maintains a public nuisance on his or her property in violation of this article, the burden of proof shall rest with the Enforcement Officer making the allegation or determination and shall be based on a preponderance of the evidence as follows:
Evidence supporting an allegation of the existence of a public nuisance as described in this article shall demonstrate the following:
(i) The property has structural debris and/or one (1) or more hazard trees on the property; and
(ii) The property owner has not entered into or complied with the requirements of the Government Program, Alternative Program and/or Private Tree Program, as applicable.
(5) Abatement of public nuisance. Abatement of a condition or circumstance that is alleged to be a public nuisance shall be encouraged to be on a voluntary basis on the part of the violator or, when necessary, performed by official action.
(6) Duty. No person or entity shall cause, permit, maintain, conduct or otherwise allow a public nuisance as defined in this chapter to exist within the unincorporated limits of the County of Plumas. It shall be the duty of every owner, occupant, and person that controls any land or interest therein within the unincorporated area of the County of Plumas to remove, abate, and prevent the reoccurrence of the public nuisance upon such land.
(7) Abatement procedure.
(i) Whenever the Enforcement Officer determines that a public nuisance pursuant to this chapter exists, he or she shall request in writing that the public nuisance be abated within fifteen (15) calendar days. If the condition(s) continue beyond that fifteen (15) calendar day period, the Enforcement Officer may set the matter for hearing. If the matter is set for hearing, the Enforcement Officer shall post the property upon which the public nuisance exists and shall mail, with a proof of service, notices to those persons known to be in possession of the property, if any, and to persons shown on the latest County tax roll to be the owners of the property at least ten (10) calendar days prior to the hearing. The Notice of Beckwourth Complex and Dixie Fires Debris Nuisance Abatement Hearing shall inform the owner(s) of the basis for the violation and explain that to prevent the accrual of additional costs, the owner(s) must contact the Enforcement Officer and arrange a time for the Enforcement Officer to inspect the property, and confirm that the violation(s) have been corrected. Both the mailed and posted notice shall be in substantially the following form:
NOTICE OF BECKWOURTH COMPLEX AND DIXIE FIRES DEBRIS NUISANCE ABATEMENT HEARING
The owner(s) and occupant(s) of real property described on the latest equalized Plumas County tax roll as Assessor Parcel Number and having a street address of ___ is (are) hereby notified to appear before a Hearing Officer of the County of Plumas at ___ on ___, 20___, at the hour of ___ o'clock ___m., to show cause, if any there be, why the use of said real property should not be found to be a public nuisance and abated pursuant to the Plumas County Code. The Enforcement Officer(s) for the Structural Debris and/or Hazard Tree Removal Program has determined that conditions exist on the above property which constitute a public nuisance and violate Plumas County Code Section(s) ___, as follows: ___. After hearing, if a violation is found to have existed at the time the Notice of Beckwourth Complex and Dixie Fires Debris Nuisance Abatement Hearing was posted on the property, the cost of abating such violation, including, but not limited to, the cost of the Hearing Officer, the cost of prior time and expenses associated with bringing the matter to hearing, the cost of judicially abating the violation, the cost of labor and material necessary to physically abate the violation, and the cost of securing expert and other witnesses may become a lien against the subject property. If an abatement lien is recorded, it will have the same force and effect as an abstract of judgment which is recorded as a money judgment obtained in a court of law. If you fail to appear at the hearing or if you fail to raise any defense or assert any relevant point at the time of hearing, the County will assert, in later judicial proceedings to enforce an order of abatement, that you have waived all rights to assert such defenses or such points.
In preparing for such hearing, you should be aware that if an initial showing is made by the County, sufficient to persuade the Hearing Officer that a public nuisance existed on your property at the time the Notice of Beckwourth Complex and Dixie Fires Debris Nuisance Abatement Hearing was posted on the property, you will then have the burden of proving that no public nuisance exists on your property. Therefore, you should be prepared to introduce oral and documentary evidence proving why, in your opinion, your use of the property is not a public nuisance as defined in the Plumas County Code. A copy of Article II of Plumas County Code Title 4, Chapter 9 relating to Mandatory Debris and Hazard Tree Removal and related abatement hearings is enclosed to assist you in the preparation of your presentation.
If an initial showing sufficient to persuade the Hearing Officer that a public nuisance existed on your property is made by the Enforcement Officer, your failure to sustain the burden of showing that no public nuisance existed on the property may result in a decision by the Hearing Officer that a public nuisance did exist, an order to abate the nuisance (which may also result in a later judicial order to the same effect) and that the County is entitled to recover its administrative costs.
Further, if the Hearing Officer finds that a public nuisance continues to exist on your property and you fail to abate the nuisance promptly, the County may abate the nuisance. If the County abates the nuisance, you may be responsible for the actual costs of the abatement, including the costs to the County of the administrative hearing, and such costs may be placed as a lien against your parcel by the County.
Finally, if the Hearing Officer finds that a public nuisance existed or exists on your property, a violation of the Plumas County Code, the County will contend that you are bound by such finding at any subsequent judicial action to enforce the Hearing Officer's order.
IMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO APPEAR AND RESPOND AT THE TIME SET FORTH IN THIS NOTICE WILL LIKELY RESULT IN ADMINISTRATIVE AND/OR JUDICIAL ABATEMENT AND TERMINATION OF USES OF OR CONDITIONS ON YOUR PROPERTY WHICH THE ENFORCEMENT OFFICER CONTENDS ARE IN VIOLATION OF THE PLUMAS COUNTY CODE. TO PREVENT THE ACCRUAL OF ADDITIONAL COSTS, YOU MUST CONTACT THE ENFORCEMENT OFFICER AND ARRANGE A TIME FOR THE ENFORCEMENT OFFICER TO INSPECT YOUR PROPERTY AND CONFIRM THAT THE VIOLATION(S) HAVE BEEN CORRECTED.
Dated: COUNTY OF PLUMAS
BECKWOURTH COMPLEX AND DIXIE FIRES RECOVERY - STRUCTURAL DEBRIS/HAZARD TREE REMOVAL
ENFORCEMENT OFFICER
By:
Enclosure: Article II of Plumas County Code, Title 4, Chapter 9
(ii) All hearings conducted under this chapter shall be held before a Hearing Officer designated pursuant to the protocol set forth in Title 1, Chapter 8, Administrative Citations.
(iii) At the time and place set for the hearing, the Hearing Officer shall review the Enforcement Officer's decision ordering cessation of the alleged public nuisance to determine whether such decision conforms to law and is supported by substantial evidence. The Hearing Officer shall hear testimony and receive written and/or documentary evidence relating to the alleged violation. Additional procedural rules may be adopted by resolution of the Board of Supervisors. The Hearing Officer shall tape record the hearing or engage the services of a certified court reporter to record the hearing and shall preserve the record of the hearing and all photographs and demonstrative and documentary evidence introduced at the time of the hearing for a period of three (3) years.
(iv) Within five (5) business days after the hearing is closed, the Hearing Officer shall render his or her written decision relating to the existence or nonexistence of the alleged public nuisance. If a violation is found to have existed at the time the Notice of Beckwourth Complex and Dixie Fires Debris Nuisance Abatement Hearing was posted, the decision shall include a statement of the abatement and administrative costs incurred by the County or estimated costs to abate the violation and shall also order that the owner of the property, or persons known to be in possession of the property, abate the violation within a reasonable time, not to exceed ten (10) calendar days. The decision shall contain findings of fact and conclusions of law. A copy of the decision shall be mailed by certified mail, return receipt requested, to the person or persons shown on the last County tax roll to be the owners of the property which is the subject of the hearing and the occupant of such parcel, if any. All other persons noticed pursuant to this section shall be mailed a copy of the decision by first class mail, postage prepaid.
(v) The decision of the Hearing Officer shall be final on the date the certified mail set forth in Subsection (iv) above, is deposited in the mail. The Hearing Officer shall notify the Clerk of the Board of Supervisors of his or her decision and the date upon which the decision became final. If it is the decision of the Hearing Officer that a public nuisance existed at the time the Notice of Beckwourth Complex and Dixie Fires Debris Nuisance Abatement Hearing was posted, the owner of the property shall be responsible for paying all of the County's Abatement Costs and Administrative Costs, including but not limited to, those cost items set forth in the notice required by Subsection (i) above.
(vi) Notwithstanding any other provisions of this Code, if a final decision of the Hearing Officer or the Board of Supervisors finds that a violation existed at the time the Notice of Beckwourth Complex and Dixie Fires Debris Nuisance Abatement Hearing was posted and the public nuisance is not voluntarily abated within the time prescribed, the Enforcement Officer may abate the public nuisance pursuant to a warrant issued by a court of competent jurisdiction. The owner of the property shall be responsible for paying all of the County's Abatement Costs and Administrative Costs, including but not limited to, those cost items set forth in the notice required by Subsection (i) above. The Enforcement Officer shall keep an accounting of the abatement and administrative costs to perform each abatement. Upon completion of the abatement, the Enforcement Officer shall post the property and send a bill to the owner, and any persons known to be in possession of the property, requesting payment of the County's Abatement and Administrative Costs. The bill shall also state that failure to pay the abatement and administrative costs within fifteen (15) calendar days from service of the bill may result in the recording of a lien against the property.
If the County's Abatement and Administrative Costs are not paid within fifteen (15) calendar days from service of the bill, the Enforcement Officer shall render an itemized report to the Clerk of the Board of Supervisors for submittal to the Board of Supervisors for hearing and consideration regarding the proposed lien. The report shall include the names and addresses of the owner of record and any persons known to be in possession of the property. The report shall also include the date the abatement was ordered, the work performed, the date the abatement was completed, a description of the property subject to the lien, and an itemized account of the County's Abatement and Administrative Costs. At least fifteen (15) calendar days prior to said hearing, the Clerk of the Board of Supervisors shall give notice, with an affidavit of service, of said hearing to all persons named in the Enforcement Officer's report and the Enforcement Officer shall post the property with a copy of the notice. The notice shall describe the property by assessor's parcel number and street number or other description sufficient to enable identification of the property and contain a statement of the amount of the proposed lien. The notice shall also contain a statement that the Board will hear and consider objections and protests to the proposed lien at the designated time and place.
(vii) At the time and place fixed in the notice, the Board of Supervisors shall hear and consider the proposed lien with objections and protests thereto. At the conclusion of the hearing, the Board of Supervisors may make such modifications and revisions to the proposed lien as it deems just and may order that the proposed lien be recorded by the Enforcement Officer. The lien shall have the same force, priority and effect as a judgment lien.
(viii) The notice of abatement lien shall, at a minimum, identify the record owner or possessor of the property, set forth the date upon which abatement of the nuisance was ordered or deemed ordered by the Board of Supervisors, describe the real property subject to the lien, set forth the amount of the abatement costs and administrative costs incurred to date and, if applicable, the date upon which the abatement was completed. If the abatement has not yet been completed, the notice shall so state and shall also indicate that the lien is a partial lien and that additional abatement costs will be incurred in the future.
It is the intent of the Board of Supervisors that abatement costs and administrative costs incurred after the filing of the notice of abatement lien relate back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs and administrative costs have been incurred and the abatement is complete, the Enforcement Officer shall cause a supplemental notice of abatement lien to be recorded. The supplemental notice shall contain all of the information required for the original notice and shall also refer to the recordation date and the recorder's document number of the original notice.
(ix) The decision of the Hearing Officer or Board of Supervisors may be recorded by the Enforcement Officer. In the event of such recordation and in the further event that the violation is corrected, a notice of such correction shall be recorded. The Enforcement Officer is authorized to prepare and record a notice of correction. Correction of the violation shall not excuse the property owner's liability for costs incurred during the administrative abatement process (Abatement Costs and Administrative Costs as defined in Section 4-9.208(e)(3) of this chapter). If the property owner has not fully compensated the County for costs incurred during the administrative abatement process, a notice of correction shall not be recorded unless the fee specified in Section 8-19.02 of this Code has been paid. Payment of the fee specified in Section 8-19.02 of this Code does not excuse the property owner's liability for costs incurred during the administrative abatement process (Abatement Costs and Administrative Costs as defined in Section 4-9.208(e)(3) of this chapter).
(x) The County may, in its discretion, commence a judicial action to enjoin a violation of this chapter without the necessity of first going through the administrative procedures set forth herein.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.209. - Judicial enforcement action.¶
The County Counsel is authorized to initiate judicial enforcement as to a violation of any provision of this article without further Board approval.
(Ord. 21-1139, adopted October 28, 2021)
Sec. 4-9.210. - Remedies not exclusive.¶
The remedies identified are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided in this article shall be cumulative and not exclusive.
(Ord. 21-1139, adopted October 28, 2021)
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