Shasta County Municipal Code Ch. 8.28 Nuisances

Every violation of any regulatory or prohibitory provision contained in Division 4 or 18 of the Food and Agricultural Code of the State of California, or of this Code, is expressly declared to be a public nuisance. (Prior code § 51)

(Ord. No. 2008-01, 3-11-2008)

The board of supervisors on its own motion or an enforcing officer may invoke the provisions of this chapter in lieu of or in addition to instituting civil enforcement proceedings or a criminal prosecution as to any violation of this code that has occurred or is occurring or as to any other nuisance.

(Prior code § 80)

A. Every notice to abate a violation of any regulatory or prohibitory provision of this code or other nuisance, or imposing an associated administrative fine or penalty pursuant to Chapter 1.12, shall be served upon the owner or the person in possession of the site at which the nuisance exists. If the owner or possessor cannot be personally served, the notice shall be posed at the site and mailed by certified or registered mail to the address of the owner of the site, as determined from the latest equalized assessment roll.

B. Except as to an act or condition that constitutes an immediate threat to public health or safety, every abatement notice issued under this section shall permit the owner or possessor of the site upon which the nuisance exists at least five calendar days in which to voluntarily abate the nuisance. Every notice of abatement issued under this section shall state:

1. The act or condition which constitutes the nuisance;

2. Any provision of this code or other law deemed to have been violated by the commission of the act or the existence of that condition;

3. The maximum amount of time for voluntary abatement of the nuisance;

4. The name, address and telephone number of the person who caused the notice to be served;

5. The amount and basis for any administrative fine or penalty to be imposed; and

6. The time within which the owner or possessor of the site may request a hearing before the board of supervisors or any person or body authorized to hear the matter on its behalf, and that if so requested, a hearing will be held as provided in Section 8.28.050.

C. The failure of any person to receive a notice given pursuant to subsection B of this section shall not constitute grounds for any court to invalidate any subsequent action by the county or any of its officers, agents or employees to abate the nuisance.

(Ord. 97-5 § 2 (part), 1997: prior code § 81)

A. If the owner or possessor of the site or anyone who received the abatement notice demands a hearing within the time set forth in the abatement notice, the board of supervisors or the person or body authorized to hear the matter on behalf of the board shall set the matter for hearing to be held pursuant to Section 8.28.050.

B. If no demand for a hearing is made within the time provided in the abatement notice, the board of supervisors or the person or body authorized to act on its behalf may set the matter for hearing to be held pursuant to Section 8.28.050 whenever a hearing is deemed necessary to substantiate the need for abatement by the county or the public interest will be served. The board of supervisors or the person or body authorized to act on its behalf may dispense with a public hearing and elect to proceed under the provisions of Section 8.28.060 if it determines that a sufficient factual basis exists to warrant abatement by the county.

(Prior code § 82)

A. Pursuant to Government Code Section 25170, the board of supervisors or the person or body authorized to hear the matter on its behalf may issue subpoenas as necessary to require the attendance at the hearing of persons or the production of books, papers or other things related to the subject matter of the hearing.

B. The enforcing officer with jurisdiction to cause the abatement of the alleged nuisance shall first describe the acts or conditions constituting a nuisance and the basis for any administrative fine or penalty to be imposed, and shall then present evidence specifically addressing the grounds set out in the demand for hearing. Thereafter, the objector may present evidence to refute the enforcing officer's allegations.

C. A hearing held under this chapter shall be conducted pursuant to rules of procedure adopted or approved by the board of supervisors. Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this chapter except to the extent that the board of supervisors otherwise provides by rule of procedure. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Any failure to make a timely objection to offered evidence constitutes a waiver of the objection.

D. At the conclusion of the hearing, the board of supervisors or the person or body authorized to act on its behalf shall determine, based on the evidence before it:

1. Whether the acts or conditions specified in the notice of abatement exists;

2. Whether those acts or conditions constitute a nuisance;

3. If a nuisance is determined to exist, whether it should be abated by the county; and

4. If a nuisance is determined to exist, or to have existed when the notice of violation was given, whether a fine or penalty shall be imposed, and the amount thereof.

E. If the board or person or body authorized to act on its behalf finds that the alleged nuisance does exist and should be abated, abatement of the nuisance shall be ordered. An order to abate a nuisance is final immediately, unless the order or a provision of this code expressly provides otherwise.

(Ord. 97-5 § 2 (part), 1997: prior code § 83)

A. A copy of the written findings of fact and order of abatement shall be served personally or by mail upon each objector and all other persons upon whom the notice of abatement was served. The order may direct that any occupancy, use or activity cease immediately if its existence or continuation is found to be an immediate threat to health or safety. Otherwise, abatement shall be commenced by the owner within five calendar days of the service of the findings of fact and the order, or any longer period provided in the order, and shall continue with reasonable diligence until complete. If the work is not commenced and completed in that manner or a timely request for a hearing has not been filed as provided in Section 8.28.040, the enforcing officer or other designated county officer or employee shall proceed to abate the nuisance.

B. The cost of abatement, including but not limited to the costs of inspection, notifications and service, agency staff time, actual work done, and attorney's fees pursuant to Shasta County Code section 1.12.040(D), shall constitute the cost of the abatement within the meaning of Government Code Section 25845 and may be specially assessed against the parcel of land upon which the abatement occurs as provided in that section. The cost of abatement may also be recovered in a civil action brought by the county to abate any existing nuisance or to enjoin any pending or threatened violation of this code.

C. Interest shall accrue on the principal amount of the cost of the abatement remaining unsatisfied pursuant to the law applicable to civil money judgments.

D. Prior to obtaining any such special assessment, the enforcing officer, with the concurrence of the clerk of the board of supervisors, will fix a time, date, and place for the board of supervisors to consider the imposition of a special assessment and any protests or objections to it.

E. The enforcing officer shall serve the record owner(s) of the property with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent costs of abatement that is due. Notice must be delivered by first class mail, postage prepaid, addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known. Service by mail is effective on the date of mailing and failure of owner(s) to actually receive notice does not affect its validity.

F. Any person whose real property is subject to a special assessment pursuant to this section may file a written protest with the clerk of the board of supervisors and/or may protest orally at the board of supervisors meeting. Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

G. At the conclusion of the consideration of the matter by the board of supervisors, the board of supervisors may adopt a resolution confirming, discharging, or modifying the amount of the special assessment or may take other action as the board of supervisors may deem appropriate. The board of supervisors may also cause a notice of abatement lien to be recorded.

H. In accordance with Government Code section 25845, the assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.

(Prior code § 84)

(Ord. No. 2017-08, § I, 12-5-2017)

This chapter is an alternative to and does not supersede any other provision of law that authorizes a nuisance to be abated or enjoined.

(Prior code § 85)