Plumas County Municipal Code Ch. 19 Procedure for Abatement and Recovery of Costs

This chapter establishes by ordinance a nuisance abatement procedure for the County of Plumas. The procedure is applicable to any nuisance arising out of state or local law, including, but not limited to, violations of Chapter 8 of Title 5, Title 6, 8, and 9 of the Plumas County Code and Sections 373(a), 374.4 and 402b of the California Penal Code. The procedure is not set forth here, but is adopted by reference as described in the paragraphs that follow.

In addition to the provisions of Chapters 15, 18, and 19 of this title, the procedure set forth in the County's Dangerous Buildings Code—Excluding Housing in Chapter 2 of this title and the procedure set forth in the County's Housing Code in Chapter 4 of this title are declared to be the procedures for abatement that are established by Plumas County, in accordance with California Government Code Section 25845(a). The procedure in Chapter 4 is reserved for matters covered by the County's Housing Code. In all other matters the procedure in Chapter 2 of this title shall be used.

(§ 7, Ord. 00-938, eff. November 2, 2000; § 1, Ord. No. 05-1035, adopted August 16, 2005)

As set forth herein, the County may recover the administrative fees and direct costs of enforcement and abatement of violations of Chapter 8 of Title 5, Title 6, Title 8, Title 9 and Sections 373(a), 374.4 and 402b of the Penal Code, together with attorney's fees. If the property owner responsible for the nuisance fails to pay the fees and costs upon demand by the County, the County may recover its fees and costs pursuant to Government Code Sections 25845 and 54988 as follows:

(a) Itemization of costs. The Code Enforcement Office shall keep an itemized account including all of the administrative fees and all direct expenses incurred in violation enforcement and abating any nuisance arising under Chapter 8 of Title 5, Title 6, Title 8, Title 9, and Sections 373(a), 374.4 and 402b of the Penal Code. Upon completing the enforcement and abatement of a nuisance, the Code Enforcement Office shall compile an itemized account of fees and costs incurred in enforcement or abatement, including a description of the real property on which the violation and abatement occurred, and the names and addresses of the owners of record as it appears on the most recent assessor's roll, and the possessors of the property. Such accounting shall be mailed, by registered or certified mail, to said property owner, together with a demand for payment in full within forty-five (45) days of receipt of the billing and demand. Such billing and demand shall include a notice of the owner's right to appeal the billing, within the forty-five-day payment period, by submitting such appeal in writing to the Code Enforcement Office or the Office of the County Counsel. Should the Division of Environmental Health, or the Planning and Building Services Department, the Office of the County Counsel, or other County agency incur costs for the enforcement or abatement of violations, they will itemize and submit such billing to the Code Enforcement Office for billing, demand and recovery as set forth in this chapter. Where such costs are in addition to fees and costs of the Code Enforcement Office, the billing and demand shall be itemized to include the sum of all fees and costs.

(b) Special assessment against the parcel. If the record owner of the affected parcel does not pay the total amount billed or appeal said billing within forty-five (45) calendar days after receipt of a written demand by the County Code Enforcement Office, a copy of such billing and demand, together with proof of registered or certified mailing, shall be submitted to the Office of the County Counsel, who is hereby authorized to record a Notice of Abatement Lien against the property on behalf of the County. Where an appeal is taken, the property owner shall be notified of the date, time and location of the appeal hearing at least thirty (30) days in advance of such date, and no lien or claim shall subsequently record unless so ordered as a finding of such hearing. Any Abatement Lien recorded pursuant to this chapter shall be deemed a special assessment and will be filed with the Office of the County Treasurer—Tax Collector for collection in the same manner as County taxes. The amount of such lien shall accrue interest at the rate of six and one-half percent (6.5%) per annum until paid, and will be subject to all laws applicable to the levy, collection, and enforcement of County taxes. Abatement liens shall be subject to delinquency sale, as are ordinary County taxes.

(c) Recordation of notice of abatement lien.

(1) If an abatement lien arises pursuant to subsection (b), a notice of abatement lien will be recorded. The abatement lien shall include at least the following information: identity of the record owner of the property, the date of the violation or abatement, the date compliance was determined, a description of the real property subject to the lien and the total costs of enforcement and abatement.

(2) Recording a notice of abatement lien shall have the same effect as recordation of an abstract of money judgment recorded pursuant to Section 697.310 et seq. of the Code of Civil Procedure. An abatement lien created has the same priority and effect as a judgment lien on real property until the lien is released. The Board of Supervisors may order an abatement lien created under this chapter released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.

(d) Court judgment. The County may file an action in court to enforce decisions of the appeal hearing or the Board of Supervisors to recover civil penalties and abatement costs, and to pursue injunctive or any other lawful remedy. Any second or subsequent civil or criminal judgment rendered against a property owner within a two-year period subjects the property owner to treble the costs of the abatement.

The Plumas County Code Enforcement Office shall maintain a Fee Schedule itemizing the administrative fees for the enforcement and abatement of violation nuisances. Such schedule shall include provision for the uniform billing and recovery of all administrative, enforcement and abatement activities of the Code Enforcement Office in resolving confirmed violations. Such schedule shall provide for recovery of costs of services, including materials and supplies, of the Office of the County Counsel, any other agency or office of Plumas County government, and actual costs, including materials and supplies, incurred by the contracting or hiring of private sector enforcement or abatement services. Such fee schedule shall be amended from time to time so as to be representative of current expenses and costs. The schedule and any amendments shall be subject to review and approval by the Board of Supervisors prior to any effective date. Fees and costs recovered shall be deposited to the Department of Planning and Building Services Fee Reserve Account or the General Fund Abatement Account, as appropriate, where they shall accrue for application to future Code Enforcement Office budgets or abatements. All abatement expenditures shall be subject to the authorization of the Director of the Department, or subject to such procedures as he may establish. Costs recovered on behalf of the Office of the County Counsel or other agency or office of Plumas County government shall be conveyed to the County Treasurer's Office for deposit to the budget of the respective agency. Recovered funds shall be so deposited regardless of the fiscal period within which they are received. No fees or costs shall accrue, no billing and demand shall be presented, nor shall claims or liens attach where investigations of the Code Enforcement Office determine that conditions reported do not constitute a violation of State or County Code.

(§ 7, Ord. 00-938, eff. November 2, 2000; § 1, Ord. No. 05-1037, adopted August 16, 2005)