San Benito County Municipal Code Art. III Enforcement and Costs

Whenever the enforcing officer determines that a fire hazard, or vegetation otherwise noxious or dangerous, in a condition of growth constituting a menace to public health, or any other violation of this chapter exists on any real property within the unincorporated area of San Benito County that is located entirely within the territorial boundaries of the City of Hollister ("county islands"), or partially within the territorial boundaries of the City of Hollister ("county pockets"), or along certain urbanized edges of the City of Hollister, as depicted in the map attached to Ordinance 857 and incorporated herein by reference as Exhibit A, he or she is authorized to pursue administrative abatement pursuant to § 1.03.005 of the San Benito County Code.

(Ord. 857, § 2 (part), 2010)

Any owner or occupant may abate the fire hazard, or vegetation otherwise noxious or dangerous, in a condition of growth constituting a menace to public health, or any other violation of this chapter, or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer.

(Ord. 857, § 2 (part), 2010)

Whenever the enforcing officer becomes aware that an owner or occupant has failed to abate a fire hazard, or vegetation otherwise noxious or dangerous, in a condition of growth constituting a menace to public health, or any other violation of this chapter, within the time specified for abatement, the enforcing officer may take one or more or all of the following actions:

(A) Enter upon the property and abate the nuisance by county personnel, or by private contractor under the direction of the enforcing officer. The enforcing officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the Board of Supervisors prior to commencement of work. Nothing herein shall be construed to require that any private contract under this Code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the State of California or county ordinance.

(B) Request that the County Counsel commence a civil action to redress, enjoin, and abate the public nuisance, pursuant to § 1.03.003 of the San Benito County Code.

(Ord. 857, § 2 (part), 2010)

In any enforcement action brought pursuant to Chapter 1.03 (Code Enforcement Ordinance) of Title 1 (General Provisions; Code Enforcement) of the San Benito County Code, whether by administrative proceedings, judicial proceedings, or summary abatement, each person who causes, permits, suffers, or maintains the fire hazard, or vegetation otherwise noxious or dangerous, in a condition of growth constituting a menace to public health, or any other violation of this chapter, shall be liable for all costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of Chapter 1.03 (Code Enforcement Ordinance) of Title 1 (General Provisions; Code Enforcement) of the San Benito County Code, whether those costs are incurred prior to, during, or following enactment of this chapter. The procedures set forth in § 1.03.005(E) through (H) of the San Benito County Code shall apply to the recovery of costs of abatement, pursuant to § 1.03.005.

(Ord. 857, § 2 (part), 2010)