Santa Clara County Municipal Code Ch. III Public Nuisance Abatement

This chapter defines the situations that constitute a public nuisance and sets forth a process for addressing public nuisances.

(Ord. No. NS-300.735, § 1, 10-19-04)

Any of the following are deemed unlawful and a public nuisance and a violation of this Code:

(a) Any condition, act, or omission declared by any statute of the State of California or any provision of this Code to be a public nuisance.

(b) Any public nuisance known or recognized in common law or equity.

(c) Any condition that constitutes a nuisance as defined in Section 3479 of the California Civil Code.

(d) Any use or condition of property that:

(1) Poses a danger to human life; or

(2) Is unsafe or detrimental to the public health, safety, or welfare.

(Ord. No. NS-300.735, § 1, 10-19-04)

Those who are authorized to enforce this chapter and to abate any public nuisance on behalf of the County include:

(1) Any Enforcement Officer responsible for enforcing that law, ordinance, or regulation the violation of which has caused or contributed to the public nuisance on the property;

(2) The Office of the County Counsel; and

(3) The Office of the District Attorney.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 21, 11-15-22)

(a) Whenever any officer identified in Section A1-35 determines that a public nuisance exists upon any property, a notice of violation may be provided to any Responsible Party as defined in Section A37-2(c). Notice shall be provided according to the form and procedures required by Sections A37-3 through A37-7.

(b) Noticed parties who wish to contest the existence of a public nuisance or any fines imposed must request a Departmental Review as described in Section A37-9.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 22, 11-15-22)

After timely completion of the Departmental Review process described in Section A37-9, noticed parties may request an administrative hearing with the Office of the County Hearing Officer as described in Section A37-10, and such hearings shall be conducted according to the procedures described in Section A37-11.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 23, 11-15-22)

(a) If a public nuisance is not abated by the date indicated on the notice of violation or in the order issued by the Office of the County Hearing Officer, if one is issued, and the time for judicial review has passed, the County is authorized to do any or all of the following:

(1) Abate the nuisance.

(2) Hire a third party to abate the nuisance.

(3) Record a notice with the County Clerk-Recorder stating that a public nuisance exists on the property if notice has been provided in accordance with the provisions of Sections A37-3 and A37-7.

(4) Seek a court order through the Office of the County Counsel or Office of the District Attorney requiring the Responsible Party, as defined in A37-2(c), to abate the public nuisance.

(b) Where the County has received consent, a court order, a warrant, or is otherwise authorized to do so, any officer identified in Section A1-35(a) as authorized to enforce this Chapter may enter onto private or public property for purposes of implementing this Section, including, but not limited to, inspecting the property and abating the public nuisance. Where the County has contracted with a third party, the third party is authorized to enter onto private or public property to carry out the purposes of this Chapter, including, but not limited to, inspecting the property and abating the public nuisance.

(c) A person who knowingly makes a false statement or representation to any person authorized to enforce this Code as defined in Section A1-35 or any Issuing Department as defined in Section A1-15.2, concerning a matter material to the compliance with or investigation or enforcement of a violation of this Code, has violated this Code and is liable for a civil penalty not to exceed $1,000.00 for each separate violation.

(1) For the purposes of this Section "knowingly" means that the person knew or should have known that their statement or representation was false.

(2) Subsection (c)(1) shall be read to encompass statements or representations made through any portal, hotline, or other means of communication by which a person may report violations of this Code to the County.

(3) Subsection (c)(1) shall not be read to create a requirement that any person report suspected violations of this Code to the County, unless otherwise required by another provision of this Code.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 24, 11-15-22)

Upon sufficient proof to the Issuing Department designated in the notice given pursuant to Section A1-36 that the public nuisance has been abated and any outstanding fines, fees, or costs have been paid, any noticed party, affected property or business owner, or possessor may request that the recorded notice of violation be expunged. If the Issuing Department determines that the public nuisance has been abated, the Issuing Department will cause a notice of expungement to be recorded with the County Clerk-Recorder upon full payment of all applicable fees.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 25, 11-15-22)

The County Executive, or any person with written authorization from the County Executive, may order summary abatement of any nuisance that constitutes an immediate threat to public health, safety, or welfare. Divisions A1 and A37 do not apply where the County Executive or any person with written authorization from the County Executive determines that the nuisance constitutes an immediate threat to public health, safety, or welfare, including situations where the determination of immediate threat is made after the procedures in Divisions A1 and A37 have begun.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 26, 11-15-22)

Any Responsible Party, as defined in A37-2(c), for a public nuisance determined to exist pursuant to this Chapter is responsible for reimbursing the County for all attorneys' fees and abatement costs incurred in relation to the abatement of the nuisance, which include, but are not limited to, administrative costs, inspection costs, staff costs, contractor costs, and all other costs associated with physically abating a public nuisance on or in connection with the property. This reimbursement requirement applies whether the abatement is conducted pursuant to the administrative abatement process in this Chapter, the summary abatement process in this Chapter, or by a civil action. Recovery of abatement costs and attorney's fees shall be in accordance with section A37-8 of this Code.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.875, 5-20-14; Ord. No. NS-300.967, § 27, 11-15-22)

(a) In addition to any other remedies provided in this Chapter or any other law, ordinance, or regulation, and regardless of whether the administrative abatement process in this Chapter has occurred, the Office of the County Counsel or Office of the District Attorney may bring a civil action against any person who has violated or is violating any provision of this Chapter, including, but not limited to, any person who has caused or contributed to a public nuisance, any person who fails to comply with an order to abate, or any person upon whose property a public nuisance is abated through the summary abatement process. Any person determined by a court to have violated this Chapter may be subject to civil penalties provided in this Section and any other relief ordered by the court.

(b) Except as otherwise provided in this Code, and in addition to any injunctive or equitable relief that the court in its discretion deems warranted, the civil penalties assessed by the court shall be as follows:

(1) A first violation of this Chapter shall be punishable by a civil penalty not exceeding $2,500.00 per day or portion of a day during which the public nuisance exists.

(2) A second violation of this Chapter within five years shall be punishable by a fine not exceeding $5,000.00 per day or portion of a day during which the public nuisance exists.

(c) If the civil penalties assessed are not sufficient to provide full restitution to the County for its abatement costs as defined in Section A1-41 and Government Code section 25845, the court shall award an additional amount to the County to provide full restitution. Any civil penalties assessed pursuant to this Section and any additional amount awarded to the County for restitution shall be paid to the County Treasurer/Controller.

(d) The court may also require a Responsible Party, as defined in A37-2(c), to reimburse any other persons, entities, or public agencies for any damages sustained or costs incurred as a result of the public nuisance, including, but not limited to, attorneys' fees.

(e) A court may order the Responsible Party, as defined in A37-2(c) of this Code, to pay treble abatement costs if it finds:

(1) The Responsible Party caused a condition that may be abated pursuant to this Chapter; and

(2) Within two years, a court previously entered civil or criminal judgment against the Responsible Party for a condition that may be abated pursuant to this Chapter; and

(3) The condition was not one abated pursuant to Health and Safety Code section 17980.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 28, 11-15-22)

There shall be no civil liability on the part of, and no cause of action shall arise against, any County official, employee, department, agency, investigator, consultant, contractor, or agent acting pursuant to this Division and within the scope of their authority.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 29, 11-15-22)

Nothing in this chapter is intended to limit or void any rights, remedies, or authority of the County or any County official, employee, department, agency, investigator, consultant, contractor, or agent of the County provided by any other law, ordinance, or regulation.

(Ord. No. NS-300.735, § 1, 10-19-04; Ord. No. NS-300.967, § 30, 11-15-22)