San Joaquin County Municipal Code Ch. 7 Securement of Unsafe Condition

The Board of Supervisors finds that the existence of an unsafe condition on a property that is not secured from access by the general public is a public nuisance. The Board further finds that the existence of an unsecured structure, open well, open septic tank, excavation or other hazardous condition which may affect the health and safety of any person or domestic animal is a public nuisance. The following securement provisions of this code have been implemented to protect public health and safety on an emergency basis and are not intended to replace the due process provisions required for the removal of substandard conditions (abatement). It is the intention of these provisions to require and/or initiate securement through boarding up of structures, providing fencing, covering open well casing, providing suitable covering for an open septic tank or other excavation and other means to protect health and safety. An unsafe condition on a property is defined as:

(a) Any unoccupied or illegally occupied structure into which free entry may be made through the existence of any unsecured opening, including unboarded windows and doorways.

(b) Any open well.

(c) Any open septic tank, cesspool or seepage pit.

(d) Any open excavation which is found to be in violation of Section 115700 of the California Health and Safety Code.

(e) Any other property condition, as determined by the Health Officer or authorized representative, which must be secured in order to protect the health and safety of any person or domestic animal which may enter on or near the hazardous condition.

(Ord. 3912 § 1 (part), 1997)

It is unlawful for any owner, agent, lessee or person having charge or control of any unsecured, unsafe property condition within the unincorporated area of San Joaquin County to refuse or neglect to secure said unsafe condition, hereinbefore declared to be a public nuisance, after notice from the enforcement agency.

(Ord. 3912 § 1 (part), 1997)

The notice described in Section-8-5601 may be given by either of the following methods:

(a) Delivery of a written notice personally to the owner, lessee, agent or other person having charge or control of the unsecured unsafe conditions or to any person eighteen (18) years of age or older at the residence or place of business of said owner, lessee, agency or other person above described;

(b) Mailing of said notice to such person at his last address shown on the equalized assessment roll of the County of San Joaquin. Mailing shall be certified return receipt requested;

(c) Telephone contact with the owner, agent, lessee, or other person having charge of the subject property shall be sufficient to initiate the time to secure. Confirmation of the verbal contact shall be mailed, certified return receipt requested. A declaration of the telephone contact shall be completed by the enforcement agency and placed in the case file.

(Ord. 3912 § 1 (part), 1997)

The Notice to Secure Unsafe Conditions shall contain the following information:

(a) The address or location of the premise on which the unsecured condition(s) is situated;

(b) The Assessors Parcel Number;

(c) A description of the conditions that constitute a public nuisance;

(d) An order to secure or abate the unsafe condition within a time period designated by the enforcement agency;

(e) That failure to secure or abate will result in the enforcement agency securing the condition and that the cost of securement shall be billed to the owner and if not paid will result in a special assessment on the property. This cost includes the contracted cost to secure, reimbursement for staff time and cost associated with the investigation of ownership of and beneficial interest in the subject property. That a Notice of Abatement Action will be recorded with the Office of the Recorder and shall not be removed until all violations are abated and all costs have been paid;

(f) That failure to secure or abate an unsafe condition is a public nuisance and a misdemeanor.

(Ord. 3912 § 1 (part), 1997)

A copy of the notice described in the preceding section shall, on or before the day of service of said notice, be conspicuously posted on the property which the enforcement agency is seeking to secure.

(Ord. 3912 § 1 (part), 1997)

In the event such owner, agent, lessee or other responsible person having charge or control of an unsecured condition fails, refuses, of neglects to secure the unsafe condition within the specified time period the enforcement agency may secure the unsafe condition or initiate other remedies authorized by Section 8-5500 of this Division. Extremely hazardous conditions, which are determined to be extremely hazardous by the Health Officer or designee, and cannot be permitted to exist for ten (10) days, may be abated through the emergency abatement provisions found in Section 8-5200 of this division. The owner, agent, lessee or responsible person may authorize the enforcement agency to secure the unsafe condition prior to the completion of the ten (10) day period through the completion of a notarized Authorization to Secure document. If the enforcement agency finds that there is no responsible person to which a Notice to Secure can be issued, the enforcement agency may waive the ten (10) day notice and proceed with the securement, provided that an affidavit is completed documenting the reasons why the service of the ten (10) day notice would be futile.

(Ord. 3912 § 1 (part), 1997)

An appeal can be made to the Environmental Health Division Director or designee. This appeal must be in writing, contain reasons for seeking relief from the order, and must be received by the Environmental Health Division prior to the compliance date designated on the Notice to Secure. The Director or designee shall make a decision on the merits of the appeal within two (2) working days and may sustain, modify or overturn the Notice to Secure. The decision of the Director or designee is final.

(Ord. 3912 § 1 (part), 1997)

The enforcement agency may resecure a condition without notice if it becomes unsecured and was initially secured by the enforcement agency. However, conditions which have become unsecured and which were initially secured by the responsible person, in accordance with this chapter, shall cause a second notice to be issued.

(Ord. 3912 § 1 (part), 1997)

The owner of record shall be responsible for all costs associated with the enforcement of securing an unsafe condition. The collection of enforcement costs shall be processed as outlined in Chapters 4 and 5 of this division.

(Ord. 3912 § 1 (part), 1997)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not effect other provisions or application of the act which be given affect without the invalid provision or application, and to this end the provisions of this act are severable.

(Ord. 3912 § 1 (part), 1997)