Sierra County Municipal Code Ch. 1.17 Code Enforcement and Nuisance Abatement

This chapter shall be known as the Sierra County Code Enforcement and Nuisance Abatement Ordinance enacted pursuant to Cal. Gov’t Code § 25845. (Ord. 775, eff. 9/19/91)

The Board of Supervisors has determined that it is necessary for the public welfare that a procedure be established by ordinance for the identification and abatement of code violations. (Ord. 775, eff. 9/19/91)

This Code Enforcement and Nuisance Abatement chapter is applicable to the following titles of the code: Title 6 (Business Licenses and Regulations), Title 8 (Health and Sanitation), Title 9 (Public Places), Title 11 (Roads and Vehicles), Title 12 (Building and Construction), Title 14 (Land Use), Title 15 (Zoning), Title 23 (Subdivision Regulations) and Title 38 (California Environmental Quality Act). It is intended to provide a standard method of code enforcement. It is not intended to exclude any and all methods of enforcement otherwise legally available through criminal or civil process, and includes within its scope any and all civil remedies, in addition to abatement of public nuisances. (Ord. 775, eff. 9/19/91)

A nuisance abatement action is any action or proceeding generally authorized pursuant to Division 4, Part 5, Title 2 of the California Civil Code and the applicable provisions of the Sierra County Code taken by Sierra County against any person or entity whose acts, omissions or condition of property under ownership or subject to a possessory interest constitute a violation of the provisions of the Sierra County Code for which the remedy of “nuisance abatement” is applicable. The foregoing shall include but not be limited to the following:

A. Anything which is injurious to health, or which creates a danger to health or safety, or is offensive to the senses of the average reasonable person, or which constitutes an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use of, in the customary manner, any street or highway, public park, square, navigable lake, river or stream; and

B. Any building, structure or underground tank set up, erected, built, moved or maintained or any use of property contrary to the provisions of this code or the violation of any condition or mitigation measure attached to the granting of any variance, conditional or special use permit, site plan, or any other permit or land use entitlement granted is unlawful and a public nuisance and the duly constituted authorities of Sierra County may commence any action or proceeding for the abatement removal and enjoinment thereof in the manner provided by law, and as specifically authorized herein. (Ord. 775, eff. 9/19/91)

The position of Code Enforcement Officer is hereby created and shall be filled by an appointment of the Sierra County Board of Supervisors. The Code Enforcement Officer shall supervise the process of enforcing code violations at the administrative level, including the issuance of notices and abatement orders, documenting and assessing costs, and preparation of the administrative records. The Code Enforcement Officer shall be responsible, where applicable, for communicating information gained from investigations and hearings and transmitting orders issued to the District Attorney, County Counsel, the County Clerk, and the Sheriff. The Code Enforcement Officer may request assistance of any or all of the foregoing in carrying out Code Enforcement. (Ord. 775, eff. 9/19/91)

Whenever any county department becomes aware of a probable code violation, such agency should immediately investigate the matter, or refer the matter to the department having jurisdiction over the matter, whereupon such referred department shall immediately investigate the matter. After such investigation, if such investigating agency deems that a nuisance exists, it shall attempt to attain abatement of the nuisance voluntarily by the party(ies) maintaining the nuisance. (Ord. 775, eff. 9/19/91)

In the event the nuisance is not voluntarily abated the matter shall be referred to County Counsel for review. County Counsel shall determine if probable cause exists to institute enforcement action. The foregoing shall be independent of any criminal enforcement action which the Sierra County District Attorney deems appropriate within the purview of the District Attorney’s prosecutorial discretion.

If the County Counsel finds that probable cause exists, the County Counsel may and is hereby authorized to:

A. Institute a civil enforcement action; and/or

B. Prepare an abatement order and submit the latter to the Code Enforcement Officer for issuance and enforcement; and/or

C. Take such other step available at law or in equity to carry out the provisions of this chapter.

In the event County Counsel determines that an enforcement action should not be taken, County Counsel shall so notify the referring department of such decision within 30 days of the referral. (Ord. 775, eff. 9/19/91)

A. Accrual of Costs. If attempts to obtain voluntary compliance are unsuccessful at the investigatory level (SCC 1.17.060), from the point in time of referral to County Counsel, all costs of enforcement shall be accrued to the violator and the violator’s property interests in issue.

B. Includable Costs. Costs shall include the costs of all involved departmental personnel time, County Counsel’s fees and costs, any special counsel fees and costs and all cost of document reproduction, telephone charges, postage, travel and any and all other directly related costs (collectively referred to as “costs”).

C. Charging of Costs. Costs shall be chargeable to the violator if the county is the prevailing party in any enforcement action or actions against the violator.

D. Assessment and Collection of Costs. All costs shall be accrued against the violator and/or the parcel upon which the violation occurs. If the violation pertains to a parcel of real property within Sierra County, the costs shall be accrued against the parcel and shall become a lien thereon. Such costs shall be paid in addition to any fees and costs for the issuance of any permit pertaining to the subject parcel. No permit pertaining to the subject parcel shall be issued until such costs are paid in full. All costs accrued in all departments shall regularly be transmitted to the Code Enforcement Officer for compilation.

E. Costs – Certification – Protest. After the abatement action is completed or at such other time the Code Enforcement Officer deems appropriate, the Code Enforcement Officer shall determine the total cost involved in the abatement and shall certify that amount to the County Auditor. A copy of this certification shall be sent by the Code Enforcement Officer to the code violator or to the owners of the property on which the nuisance had been maintained, whichever is applicable.

1. Protest of Costs. Should such parties wish to contest the amount of the cost, the party must file a written notice of protest with the Clerk-Recorder no later than 15 days after the date of mailing of the certification to such party. The Board of Supervisors shall hear the contest as soon as the Board deems it feasible, but in no event later than 60 days after receipt of the notice of protest. At such protest hearing, the Board of Supervisors shall hear from the Code Enforcement Officer, the County Auditor and the protesting party(ies), and the Board of Supervisors’ decision on the matter shall be final. The only issue at the certification hearing shall be the substantiation of costs – not the issue or issues pertaining to the underlying code enforcement or nuisance abatement.

2. Further Appeal. In the event the protesting party(ies) wish to appeal the decision of the Board of Supervisors regarding the costs of abatement, such an action must be brought in a court of competent jurisdiction within 15 days of the decision of the Board of Supervisors.

3. Interest. Interest will accrue at the rate of one-half percent per month if payment is not made within 30 days after certification, unless appealed, and in such event, interest shall be waived until 30 days after the Board of Supervisors’s decision pursuant to this section.

F. Costs – Special Assessment. If the certified costs are not paid, the Auditor shall be responsible for the levy of a special assessment against the parcel(s) on which the nuisance was abated and for notifying the Sierra County Tax Collector of such levy. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, if not otherwise collected in the permit process (subsection (D) of this section), and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment; except, that if any real property to which such cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which a notice of abatement lien is recorded pursuant to subsection (G) of this section, then such cost of abatement shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection. If the costs are paid through the permitting process, or otherwise, the lien shall be released.

G. Abatement Lien. Concurrently with mailing a copy of the certification to the owner(s), the Code Enforcement Officer shall, on behalf of the Board of Supervisors, cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the Board of Supervisors and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost.

H. Effect of Abatement Lien. Recordation of a notice of abatement lien pursuant to subsection (G) of this section has the same effect as recordation of an abstract of a money judgment recorded pursuant to California Code of Civil Procedure, Title 9, Division 2, Part 2, Chapter 2, Article 2 (commencing with Cal. Civ. Proc. Code § 697.310). The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the Board of Supervisors, or any county officer authorized by the Board of Supervisors to act on its behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated. (Ord. 775, eff. 9/19/91)

In the event that County Counsel refers a code violation to the Code Enforcement Officer, the latter shall review the case and, if the Code Enforcement Officer finds that a code violation exists, the Code Enforcement Officer shall issue a code violation abatement order and cause the latter to be served on the named violator. (Ord. 775, eff. 9/19/91)

A. Nonemergency Abatement. Any party upon whom an abatement order is served shall have 10 days within which to abate the nuisance specified. The Code Enforcement Officer may, in such officer’s discretion, extend the period for such additional time as the Code Enforcement Officer deems appropriate if satisfactory progress is being made towards abatement in compliance with the order.

B. Emergency Abatement. If the Code Enforcement Officer believes that a code violation exists which constitutes a public nuisance and an immediate threat to health or safety, the Code Enforcement Officer may order the condition abated immediately and may take all reasonably necessary steps to carry out the abatement, including utilizing the services of the Sierra County Sheriff, if necessary. (Ord. 775, eff. 9/19/91)

A. Authorization of Appeals Procedure. An abatement order appeals procedure is hereby authorized the specifics of which may be adopted by resolution of the Board of Supervisors.

B. Code Enforcement Appeals Officer. The position Appeals Officer is hereby created and shall be filled by an appointment of the Sierra County Board of Supervisors. The Code Enforcement Appeals Officer shall preside over appeals from orders issued by the Code Enforcement Officer all as more particularly set forth in the appeals procedure adopted by the Sierra County Board of Supervisors.

C. Appeals Rights. Any party or entity named as the subject of an abatement order shall have 10 days from the date such order is issued and served within which to file an appeal with the County Clerk. If no such appeal is filed within such time period, the order becomes final and no further appeal may be permitted. The procedure for such appeal shall be set forth in the Sierra County Code Enforcement Appeals Procedure as adopted by the Sierra County Board of Supervisors and from time to time amended.

D. Relief from Default. Within 30 days after issuance and service of the abatement order, a party who has failed to timely appeal an abatement order may apply to the Sierra County Board of Supervisors for permission to file a late appeal. If no such application is received by the Clerk-Recorder within such 30-day period no relief from default shall be available. The grounds for relief from default shall be those contained in the Cal. Civ. Proc. Code § 473, including “Mistake, Inadvertence, Surprise or Excusable Neglect.” The granting or denial of relief from default shall be at the discretion of the Board of Supervisors and the decision of the Board shall be final. (Ord. 775, eff. 9/19/91)

In the event that a code violation exists and no violator is known or can be located for notice and service, the Code Enforcement Officer shall utilize the following substitute service procedure:

A. Notice to Clerk. Upon determining that the perpetrator of a code violation is unknown or such party(ies)’ location is unknown, the Code Enforcement Officer shall file with the Clerk a declaration for substituted service not less than 10 days prior to issuance of an abatement order (unless an emergency situation exists (cf. SCC 1.17.100)). Such declaration shall specify the code violation, the property, if any, upon which the violation is occurring, the proposed order and the date upon which the order is to be effective, which date shall be at least the number of days after the date of the declaration in order to comply with the terms of this section. Upon receipt of the declaration, the Clerk shall cause a copy of the declaration and the abatement order to be published at least 10 days prior to the effective date of the order. Further, the Clerk shall cause any property upon which the code violation exists to be posted with the declaration and the abatement order and shall send a copy of the foregoing to the code violation perpetrator’s last known address, if any. Upon completion of the foregoing, the Clerk shall file a declaration stating the actions taken by the Clerk pursuant to this section. (Ord. 775, eff. 9/19/91)

In the event that the Code Enforcement Officer’s code enforcement order is not obeyed, the Code Enforcement Officer shall confer with County Counsel as to appropriate enforcement action which may include:

A. Direct enforcement carried out by county staff or pursuant to contract, each under direction of the Code Enforcement Officer;

B. Filing of an enforcement action with a court of competent jurisdiction;

C. Such other steps as the Code Enforcement Officer and County Counsel deem legally appropriate. (Ord. 775, eff. 9/19/91)

The county shall indemnify, defend, and hold harmless the Code Enforcement Officer, the Code Enforcement Appeals Officer and any and all other county officers, employees and/or agents (“county agents”) from any and all costs, claims, damages, judgments, or payments in compromise and settlement, including therein attorneys’ fees, arising out of or in connection with the acts or omission of the county agents in carrying out this chapter. (Ord. 775, eff. 9/19/91)