San Joaquin County Municipal Code Ch. 5 Recovery of Enforcement Costs

(a) The County shall be reimbursed for all time, services and materials needed to abate a violation of this division.

(b) The hourly rate used to compute time spent to investigate, document and abate a violation shall be the actual costs.

(c) The enforcement agency is entitled to recover all cost associated with the voluntary and involuntary abatement of violations. (Involuntary abatement is that action that is performed by, under the direction of, or at the initial expense of the County of San Joaquin. Voluntary abatement is the abatement of a violation by the owner or designee after notification by the enforcement agency that such violation exists and must be abated.)

(Ord. 3649)

Hereinafter the Housing Code Revolving Trust shall be the Enforcement Agency Cost Recovery Fund. Reimbursement of enforcement costs shall be processed in the following manner:

(a) A statement of expense shall be developed by the enforcement agency. The statement shall be mailed, by certified or registered mail, to the owner, and where required by law, to the beneficiaries, advising that the expenses must be paid within thirty (30) calendar days of the date the statement was mailed. The statement shall also advise the owner, and beneficiaries, if applicable, that there is a right to appeal the statement by filing a written appeal, along with the filing fee, within thirty (30) calendar days of the date that the statement was mailed. The Board of Supervisors shall set the filing fee. For those violations enforced pursuant to Section 8-5001 or 8-5002, the written appeal may be filed with the Secretary of the Board of Housing Appeals, except that an appeal of a Statement of Expense of one hundred thousand dollars ($100,000.00) or more shall be filed with the Clerk of the Board of Supervisors. For enforcement pursuant to Chapter 2 or 3 of this division, the appeal shall be filed with the Clerk of the Board of Supervisors.

(b) If, within the time specified, payment has not been made nor has a written appeal been filed, the enforcement agency shall submit a resolution to the appropriate Board for placement on its consent calendar to approve the Statement of Expense. Copies of the adopted resolution and the Statement of Expense shall be forwarded to the Auditor. The Auditor shall then proceed pursuant to Subsections (d) through (f) below.

(c) If a written appeal is timely filed, the Clerk of the Board of Supervisors or the Secretary of the Board of Housing Appeals shall set the matter for hearing for not more than sixty (60) days from the date the appeal is filed. Notice of the hearing shall be sent, by certified mail, at least twenty-one (21) days before the hearing. At such hearing, the only issue shall be the amount of the costs shown in the Statement of Expense. The existence or nonexistence of a violation shall not be an issue. The Board may, by resolution, sustain, modify, or reject the Statement of Expense. If the Board sustains any of the costs of abatement, a copy of the resolution stating the amount due under the Statement of Expense shall be mailed to the owner. The resolution shall state that the amount due must be paid in full within thirty (30) days of the date that the resolution is mailed to the owner. If payment is not made within the time specified, copies of the resolution and the Statement of Expense shall be forwarded to the Auditor. The Auditor shall then proceed pursuant to Subsections (d) through (f).

(d) Upon receipt of the adopted resolution and the Statement of Expense, the Auditor shall transfer the approved funds from the Enforcement Agency Cost Recovery Fund to the account of the enforcement agency.

(e) The Auditor shall cause a special tax to be assessed on the property tax of the affected parcel. The assessment shall have the same priority as other taxes.

A Notice of Release shall not be recorded with the Office of the County Recorder until all assessments for the cost of abatement are paid.

(f) When the assessment in question is collected, it shall be credited to the Enforcement Agency Cost Recovery Fund.

(g) The County portion of all fines, citations or other judgments collected pursuant to the enforcement of this division, in addition to enforcement cost, shall be deposited in the Enforcement Agency Cost Recovery Fund.

(Ord. 3649; 3817)

Upon order of the Board of Supervisors, upon the finding of good cause, the special assessment herein mentioned shall be canceled or, if collected, be refunded, in whole or in part, by the County Auditor-Controller.

(Ord. 3649)

By resolution, the Board of Supervisors may establish fees for appeals and other matters pertaining to this division.

(Ord. 3649)