Chapter 2 — NUISANCES
San Joaquin County Municipal Code · 2026-09 edition · updated 2026-09-27 · San Joaquin County
8-5100 - VIOLATION TO PERMIT OR MAINTAIN A NUISANCE.
It is a violation of this division for any property owner to permit or maintain a nuisance on his property.
(Ord. 3649)
8-5101 - ABATEMENT PROCEDURE.
Notwithstanding any other provision of this division, any violation of this division may be abated pursuant to Government Code Section 25845. The procedure for abatement pursuant to this section shall be as follows:
(a)
Upon the discovery by the enforcement agency of a violation of this division, the enforcement agency shall notify in writing the owner of the real property involved and anyone known to be in possession of the parcel. If no address of the owner appears on the last equalized assessment roll of the County or is known to the enforcement agency, then a copy of the notice shall be mailed to the owner at the address of the property involved in the proceedings. The failure of any such person to receive such notice shall not affect in any manner the validity of any proceedings taken under this division.
(b)
Upon notification, the owner must abate the condition which is a violation within thirty (30) days of notification. Except where shown to be otherwise, notification will be presumed to have occurred on the fifth (5th) day after the notice was mailed.
(Ord. 3649)
8-5102 - RIGHT TO APPEAL.
If the owner or anyone in possession objects to the enforcement agency's findings of a violation, the owner or person in possession may, within thirty (30) days of notification of the violation, file a written appeal to the Board of Supervisors.
(Ord. 3649)
8-5103 - APPEAL HEARING.
(a)
After timely receipt of an appeal filed pursuant to this division, the Clerk of the Board of Supervisors will set the matter for hearing at least ten (10) days, but not later then sixty (60) days, from the date of receipt of the appeal. The Clerk of the Board will send written notice of the hearing to the appellant, the enforcement agency, and any other party who has requested, in writing, such notification.
(b)
After hearing the matter, the Board of Supervisors may sustain, modify or reverse the decision of the enforcement agency. The Board of Supervisors shall render its decision within ten (10) days of the hearing unless the appellant concurs with a longer period.
(Ord. 3649)
8-5104 - SUMMARY ABATEMENT.
If the condition which is a violation has not been abated within thirty (30) days of notification, and if the owner has not filed an appeal as provided for in this division, the enforcement agency may cause the abatement of the condition which is a violation.
(Ord. 3649)
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