Chapter 2 — NUISANCE ABATEMENT

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*Note--Chapter 2, Sections 16.201--16.218 added by Ord. No. 7141 (N.S.), effective 6-26-86.

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This chapter shall be known and cited as the "Public Nuisance Abatement Procedure." It is enacted pursuant to Government Code Section 25845 and is intended to establish an administrative procedure for the abatement of a public nuisance resulting from a violation of any statute, regulation or ordinance the County enforces.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

State law reference(s)--Authority to enact, Gov. Code, § 25845.

(a) Notwithstanding the administrative procedures for abating a nuisance pursuant to this chapter, a County Abatement Officer may summarily abate a public nuisance if the officer determines the nuisance constitutes an immediate threat to public health and safety. If immediate action becomes necessary a County Abatement Officer may summarily abate a public nuisance even though the officer initiated an administrative proceeding under this chapter.

(b) If a County Abatement Officer summarily abates a public nuisance he may keep an account of the cost of abatement, including the County's administrative costs, and bill the property owner. If the bill is not paid within 15 days from the date the County mails the bill, the Abatement Officer may proceed as provided under sections 16.213 through 16.217 to obtain a special assessment and lien against the property. In cases of summary abatement, however, at the hearing to confirm the abatement costs under section 16.214, the hearing officer shall also determine whether a public nuisance existed.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

To initiate an administrative abatement under this chapter the County Abatement Officer shall declare a public nuisance and issue a Notice and Order to Abate in substantially the following form:

NOTICE AND ORDER TO ABATE

NOTICE IS HEREBY GIVEN THAT (specify the condition constituting the nuisance) violates Section of the (San Diego County Code, the Zoning Ordinance or other applicable code or ordinance). The violation has been declared a public nuisance by the (County Abatement Officer) and must be abated immediately. The public nuisance is on property located at (insert address or other legal property description) .

YOU ARE HEREBY ORDERED TO ABATE THE PUBLIC NUISANCE within (insert a reasonable number of days)( ) consecutive days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by (insert desired action which, if taken, will adequately remedy the situation) . If you fail to abate the public nuisance within the number of days specified, the County may order its abatement by public employees, private contractor, or other means, and the cost of the abatement may be levied and assessed against the property as a special assessment lien or billed directly to the property owner.

YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT but only if you file the appeal before the expiration of the

number of days specified above for completing the abatement. The appeal must be in writing; specify the reasons for the appeal; contain your name, address and telephone number; be accompanied by an appeal fee of ____ dollars ($____); and be submitted to the Clerk of Board of Supervisors at the following address:

Clerk of the Board of Supervisors

County of San Diego

1600 Pacific Highway, Room 402

San Diego, California 92101

Tel. No. (619) 531-5600

ATTN: Chief Deputy Clerk

One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the matter will be set for hearing before a County Abatement Board and notify you of the date and location of the hearing.

If you have any questions regarding this matter, you may direct them to the County Abatement Officer issuing this notice at the address or telephone number listed below.

ISSUANCE DATE:

(Name, title, address and

telephone number of the

County Abatement Officer

issuing this notice)

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

The Notice and Order to Abate shall be servedas follows:

(a) By U.S. mail, addressed to the owner or the owner's agent, at the address shown on the current assessment roll and addressed to any other person the County Abatement Officer knows to be in possession, of the property, at the street address of the property where the nuisance exists, and,

(b) By posting the Notice and Order to Abate conspicuously in front of the property on which, or in front of which, the nuisance exists, or if the property has no frontage, at a conspicuous location on a roadway closest to the property most likely to give actual notice to the owner and a person in possession of the property.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

Following service of a Notice and Order to Abate, as specified in Section16.205, the County Abatement Officer may cause a notice of the initiation of public nuisance abatement proceedings to be recorded in the Office of the County Recorder, which reads substantially as follows:

NOTICE OF INITIATION OF PUBLIC NUISANCE ABATEMENT PROCEEDINGS

Notice is hereby given that proceedings have been initiated by the County of SanDiego under the Public Nuisance Abatement Procedure found at SanDiego County Code sections 16.201 et seq. concerning property at (Address) . The property is located within SanDiego County Assessor's Parcel No. __________.

For information concerning the Public Nuisance Abatement proceedings and how they may impact the property, please contact the Director of Planning and Development Services, County of San Diego, 5510 Overland Avenue, Suite 310, San Diego, CA 92123.

The County Abatement Officer shall cause any recorded notice of the initiation of public nuisance abatement proceedings to be removed when the public nuisance abatement proceedings, including any appeals of the Notice and Order To Abate, and any work necessary to abate the nuisance, have been completed. If work to abate the nuisance is performed at County expense, the notice of the initiation of public nuisance abatement proceedings need not be removed until those costs have been paid or a lien for those costs has been recorded.

(Added by Ord. No. 9343 (N.S.), effective 6-22-01; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

(a) Any owner or other person in possession of the property may appeal an abatement proceeding commenced pursuant to this chapter within the number of days allowed in the Notice and Order to Abate. The appeal shall be submitted in writing, specify the grounds upon which the appeal is taken, and contain the name, address and telephone number of the appellant. The appeal shall be accompanied either by the payment of the appeal fee or by a hardship waiver application as set out in section 16.208, and shall be filed with the Clerk. Timely appeal shall stay any further abatement action until the hearing is concluded, or until the appeal is automatically denied pursuant to section 16.208(e).

(b) If the appeal fee is paid, either with the appeal or after review by a hearing officer as set out below, the Clerk shall set the matter for hearing, assign the appeal to a hearing officer and provide at least 10 days notice to the parties in writing and/or electronic mail of the date and location of the hearing.

(c) If an application for a hardship fee waiver is filed as provided in section16.208, the Clerk shall refer the hardship fee waiver determination to a hearing officer as soon as practicable, but shall not set the matter for hearing.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18; amended by Ord. No. 10967 (N.S.), effective 12-18-25)

(a) The amount of the appeal fee shall be determined periodically by the Board of Supervisors based upon the County's costs incurred in processing an appeal pursuant to this chapter. The calculation shall include all costs of the County Abatement Officer, Clerk, and the hearing officer, but shall exclude actual costs for any work of abatement calculated pursuant to Section 16.212.

(b) If the appellant claims an economic hardship in paying the appeal fee, the appellant may apply for a waiver of the appeal fee on forms provided by the County Abatement Officer for that purpose and served with the Notice and Order to Abate. The forms shall be substantially similar to those required of litigants initiating court proceedings in forma pauperis pursuant to Government Code section 68511.3. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein.

(c) Upon filing a timely appeal and for good cause shown, the Clerk may grant the appellant a period of time beyond expiration of the appeal period in which to complete and submit the waiver forms. In no event shall the additional time exceed two days.

(d) A hearing officer assigned to make a hardship fee waiver determination will do so within ten business days and thereafter notify the Clerk of such determination. Failure to make such determination within ten business days shall be deemed denial of the hardship fee waiver determination. The determination shall be made based solely on the information contained in the waiver forms filled by the appellant. If the appellant does not provide required information or the application is not signed under penalty of perjury, the fee waiver may be denied on those grounds. The decision of the hearing officer shall be final. If a waiver is granted the Clerk shall proceed as if an appeal fee had been paid. If a waiver is denied, the Clerk shall notify the appellant the appeal fee must be paid within five business days or the appeal will be automatically denied.

(e) If the appellant fails to submit completed waiver forms or pay the appeal fee in a timely manner, the Clerk shall automatically deny the appeal and shall notify the appellant and the County Abatement Officer of denial. Enforcement of the order to abate may then proceed as if no appeal request was submitted.

(f) If the appeal fee is paid and the hearing officer finds there is no public nuisance, the appeal fee shall be refunded to the appellant without interest.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10578 (N.S.), effective 12-13-18; amended by Ord. No. 10967 (N.S.), effective 12-18-25)

Hearings under this chapter shall be conducted as follows:

(a) Every witness before testifying shall take an oath or make an affirmation. The hearing officer is authorized to issue subpoenas, administer oaths and conduct the hearing.

(b) Each party shall have the right to: be represented by legal counsel, call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination and impeach any witness regardless of which party first called the witness to testify. The County may call and examine the appellant or any employee or agent of the appellant as a witness during the County's case in chief or during the County's rebuttal case as if under cross- examination.

(c) Strict rules of evidence shall not apply. Evidence that might otherwise be excluded under the Evidence Code may be admissible if the hearing officer determines that it is relevant and of the kind that reasonably prudent persons rely on in making decisions. All rules of privilege recognized by the Evidence Code, however, apply to the hearing. The hearing officer shall also exclude irrelevant and cumulative evidence.

(d) The hearing shall be conducted in English. If the appellant or any of appellant's witnesses require an interpreter the appellant is responsible to provide a State certified interpreter at appellant's expense.

(e) The hearing may be continued upon request of a party to the hearing upon a showing of good cause.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

At the conclusion of an appeal hearing, the hearing officer shall make written findings of fact and conclusions of law. The hearing officer's decision shall uphold or overrule, in whole or in part, the County Abatement Officer's determination that a public nuisance exists. The decision shall be filed with the Clerk within seven days of the conclusion of the hearing. A copy of the decision shall be sent by mail to appellant and any other party who appeared at the hearing. The decision of the hearing officer shall be final when filed with the Clerk.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

If the hearing officer decides that the Order to Abate shall be enforced, the owner, or the owner's agent or any person in possession of the property shall comply with the order within the time prescribed by the hearing officer and in the absence of any prescribed time, within 30 days after the hearing officer's decision becomes final.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) If no one complies with the Order to Abate within the prescribed time period, the County Abatement Officer may abate the public nuisance. The County may remove or destroy any property listed in the Order to Abate necessary to abate the nuisance. The County shall keep a separate account of the cost of abatement for each assessor's parcel involved in the abatement.

(b) When the County has completed the work of abatement, or has paid for the work, it shall bill the property owner for the actual cost of abating the nuisance, and the County's administrative costs, including reasonable attorney's fees. If the County waived the appeal fee pursuant to section 16.208 the fee shall be added to the abatement cost. If unpaid, the combined amounts shall be included in a bill and mailed to the owner or the owner's agent for payment. The bill shall state that if the bill is not paid 15 days from the date of mailing the County may impose a lien on the property.

(Amended by Ord. No. 9343 (N.S.), effective 6-22-01; amended by Ord. No. 9889 (N.S.), effective 10-26-07)

If the County's bill for the abatement costs is not paid within 15 days from the date of mailing the County Abatement Officer shall submit an itemized written cost report to the Clerk for a confirmation hearing before a hearing officer. The Clerk shall attach to the report the names and addresses of all persons having any record interest in the property. At least 10 days before the hearing, the Clerk shall give notice of a confirmation hearing, by mail, to the record owner of each assessor's parcel involved in the abatement, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. The notice shall describe the property by street number or some other description sufficient to identify the property and contain a statement of the amount of the proposed assessment.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

At the hearing on the County Abatement Officer's cost report, the hearing officer shall review the evidence and the objections to the abatement costs from the owner and any other person who may have a legal interest in the property. The hearing officer shall determine the amount of the County's abatement costs that are reasonable and shall add an amount equal to the cost of conducting the confirmation hearing. The hearing officer may modify the report as the hearing officer deems necessary, after which, by resolution, the report shall be confirmed. The resolution and modified report shall be filed with the Clerk. The resolution and modified report of the hearing officer shall be final and may not be appealed.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A certified copy of the resolution shall be recorded by the Clerk in the Office of the County Recorder. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against the property and are a lien on the property for the amount of the respective assessment. In addition to its rights to impose the special assessment, the County shall retain the right to recover its costs in a civil action against the owner and any other person responsible for the abatement costs.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

SEC 16 216 TRANSMITTAL OF REPORT TO AUDITOR INCLUSION IN TAX BILL

A copy of the confirmed report shall be turned over to the County Auditor on or before August 10 of each year, following the confirmation. The Auditor shall enter the amount of a special assessment imposed under this chapter against any parcels of land to which the assessment applies, listed on the current assessment roll. The Tax Collector shall include the amount of the assessment on bills for taxes levied against the respective parcels of land.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

A special assessment imposed under this chapter shall be collected at the same time and in the same manner as County taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes are applicable to a special assessment for the cost of abating a nuisance.

(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)

(a) It shall be unlawful for any person to interfere with a County Abatement Officer or the officer's designee performing any act authorized under this chapter. It shall also be unlawful to refuse to allow any person authorized under this chapter to enter on property to abate a nuisance or to interfere with any authorized person performing abatement work.

(b) Paying a fine or serving a jail sentence shall not relieve any person of the responsibility to correct any violation of a code being enforced pursuant to this chapter or to pay the costs the County incurred to abate the nuisance.

(Amended by Ord. No. 7201 (N.S.), effective 10-16-86; amended by Ord. No. 9889 (N.S.), effective 10-26-07)