San Joaquin County Municipal Code Ch. 8 Fees, Cost Recovery and Abatement

Fees for inspections and permits issued pursuant to this division are set by resolution of the Board of Supervisors.

(Ord. 3817)

A violation of this division is a public nuisance subject to enforcement under the provisions of Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code. The enforcement agency may reduce the time for compliance under Section 8-5101 if it determines that there is a death, fire, or safety hazard.

(Ord. 3817)

Any appeal of a notice of violation shall first be filed with the Environmental Health Division within thirty (30) days of notification of the violation. Upon receipt of a written appeal, the Director of Environmental Health shall designate a hearing official, which official shall schedule an office hearing to attempt to resolve the matter. The matter will be set for hearing not less than seven (7) days and not more than twenty-one (21) days from the date of receipt of a written appeal. Notice of the office hearing shall be sent to the appellant by registered or certified mail. Notice shall be sent to the appellant, the owner if different from the appellant, and anyone else who has requested in writing to receive such notice. If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the office hearing shall be added to the expenses incurred by the County in abating the nuisance and shall be billed to the owner as part of the Statement of Expense. If the matter is not resolved at the office hearing, the appellant may file a written appeal to the Board of Supervisors. The written appeal must be filed with the Clerk of the Board of Supervisors within thirty (30) days of receipt of the written decision of the hearing official. The written decision shall advise that the owner has thirty (30) days to bring the subject property into compliance or file a written appeal with the Board of Supervisors. If the property is not brought into compliance and no appeal to the Board of Supervisors has been filed within the time specified, the Environmental Health Division shall submit a resolution to be placed on the consent calendar of the Board of Supervisors approving the Statement of Expense. If the matter is appealed to the Board of Supervisors and the appeal results in a finding of a violation, the cost of the hearing before the Board of Supervisors will be added to the cost of abatement and included on the Statement of Expense.

(Ord. 3817)

The County shall be reimbursed for all time, services, and materials needed to abate a violation of this chapter. Costs shall be recovered using the procedures set forth in Section 9-1905.5 of this Code, except:

(i) The request for an office hearing provided for in Subsection (b) of Section 9-1905.5 must be received by the Environmental Health Division.

(ii) The office hearing provided for in Subsection (c) of Section 9-1905.5 shall be conducted by an official designated by the Director of Environmental Health.

(iii) The resolution provided for in Subsection (d) of Section 9-1905.5 shall be submitted by the Environmental Health Division.

(iv) Assessments collected, as provided for in Subsections (d) and (e) of Section 9-1905.5 shall be paid into the Solid Waste Trust Fund.

(Ord. 3817)

All funds collected to recover costs of abatement pursuant to this chapter shall be deposited to the credit of the Solid Waste Trust Fund.

(Ord. 3817)