Sierra County Municipal Code Ch. 8.20 Public Nuisances – Health and Safety

This chapter shall be known as Sierra County health and safety nuisance abatement ordinance enacted pursuant to Cal. Gov’t. Code § 25845. (Ord. 748, eff. 7/6/89)

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 nuisances which constitute a risk or detriment to health and welfare. (Ord. 748, eff. 7/6/89)

Notwithstanding any other provision of this code, 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, in the customary manner, of any street or highway, public park, square, navigable lake, river or stream is a nuisance. (Ord. 748, eff. 7/6/89)

Nothing which is done or maintained under the express authority of a statute or ordinance can be deemed a nuisance. (Ord. 748, eff. 7/6/89)

Whenever the Sierra County Planning Department (“Planning Department”) becomes aware of a nuisance, it should immediately investigate the matter. After such investigation, if the Planning Department deems that a nuisance does exist, it shall attempt to attain abatement of the nuisance voluntarily by the party(ies) maintaining the nuisance. (Ord. 748, eff. 7/6/89)

In the event a nuisance is not abated voluntarily, the Planning Department shall so advise the Sierra County Clerk-Recorder. The Clerk-Recorder shall agendize the matter for a public hearing thereon. At least 10 days prior to the date set for the public hearing, the Clerk-Recorder shall cause a notice of said public hearing to be advertised pursuant to Cal. Gov’t. Code § 6061. At least 10 days prior to the public hearing, the Clerk-Recorder shall provide written notice to the party(ies) maintaining the nuisance and to those complaining of the nuisance. In addition, notice of the hearing shall be posted at or near where the nuisance exists at least 10 days prior to the public hearing. Notice to the party(ies) maintaining the nuisance shall be sufficient if sent to the party(ies) who are owners of the property where the nuisance exists as shown by the latest equalized assessment roll. The public hearing may be set for a specific time at any regular, continued or special meeting of the Board of Supervisors. (Ord. 748, eff. 7/6/89)

At the public hearing provided for in SCC 8.20.060, the Board of Supervisors shall hear evidence from the Planning Department and any interested member of the public, and the party(ies) allegedly maintaining the nuisance. The issue at the hearing shall be limited to ownership of any real or personal property which may be the situs of the alleged nuisance, the party(ies) responsible for the alleged nuisance (who may be held jointly liable with the owner of the property), the condition which allegedly constitutes a nuisance, the abatement steps proposed to eliminate the alleged nuisance and matters directly related to the foregoing issues. After the conclusion of the hearing, the Board of Supervisors shall determine whether or not in fact a nuisance exists. Should the Board of Supervisors determine that a nuisance does exist:

A. The Board may order the abatement thereof; and

B. The Board shall retain jurisdiction to issue further orders of abatement, fine or other orders to ensure compliance and end the subject nuisance for a period of six months from the date of the original order. (Ord. 1107, eff. 12/16/21; Ord. 748, eff. 7/6/89)

Where a nuisance is ordered abated by the Board of Supervisors, the nuisance must be abated within 30 days of the order of the Board of Supervisors, unless the Board of Supervisors grants additional time for the abatement. If after a period of 30 days, or the extended time granted by the Board of Supervisors, the nuisance is not abated, the Planning Department shall enter upon the property in question and abate the nuisance. The Planning Department may request the assistance of the Sierra County Sheriff’s Department to assist in carrying out the abatement order. In abating the nuisance, the Planning Department may utilize its own employees or may contract to have the work done. (Ord. 748, eff. 7/6/89)

In the event the owners of the property on which the nuisance is maintained or the party(ies) responsible for the nuisance wish to appeal the decision of the Board of Supervisors, such an action must be brought in a court of competent jurisdiction within 15 days of the decision of the Board of Supervisors. (Ord. 748, eff. 7/6/89)

After the work is completed, the Planning Department shall determine the total cost involved in the abatement, including the Planning Department’s administrative overhead, County Counsel or Special Counsel costs and Sheriff’s Department costs, and shall certify that amount to the County Auditor. A copy of this certification shall be sent by the Planning Department to the owners of the property on which the nuisance had been maintained. Should such owners wish to contest the amount of the cost, the owners 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 the owner. 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 contest, the Board of Supervisors shall hear from the Planning Department, the County Auditor and the complaining party(ies), and the Board of Supervisors’ decision on the matter shall be final. In the event the owners of the property 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. Interest will accrue at the rate of one-half percent per month if payment is not made within 30 days of certification, unless appealed, and in such event, interest shall be waived until 30 days after the Board of Supervisors’ decision pursuant to SCC 8.20.090. (Ord. 748, eff. 7/6/89)

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 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 encumbrance for value has been created and attaches thereon, prior to the date on which a notice of abatement lien is recorded pursuant to SCC 8.20.120, 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. (Ord. 748, eff. 7/6/89)

Concurrently with mailing a copy of the certification to the owner(s), the Planning Department 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. (Ord. 748, eff. 7/6/89)

Recordation of a notice of abatement lien pursuant to SCC 8.20.120 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. 748, eff. 7/6/89)

Nothing in this chapter prohibits the summary abatement of a nuisance upon order of the Board of Supervisors, or upon order of any other county officer authorized by law to summarily abate nuisances, if the Board or officer determines that the nuisance constitutes an immediate threat to public health or safety. (Ord. 748, eff. 7/6/89)

The Sierra County Director of Public Works, the Sierra County Director of Health and Human Services and the Sierra County Sheriff are hereby designated by the Board of Supervisors to summarily abate nuisances if the Board of Supervisors or any of such officers determines that the nuisance constitutes an immediate threat to public health or safety (Cal. Gov’t. Code § 25845(a)). (Ord. 748, eff. 7/6/89)

The procedures set out in this chapter are not to be construed as limiting any other lawful remedy or procedure that the county or any of its departments may wish to utilize either separately or concurrently with the remedies provided in this chapter. (Ord. 748, eff. 7/6/89)