Stanislaus County Municipal Code Ch. 9.28 River Rubbish Removal

Any owner, lessee, or occupant of land lying in or adjacent to a river or stream channel upon the bank of which there is deposited or is found any rubbish, debris, building demolition rubble, scrap metal, old car bodies, or other like material, shall, within ten days after receipt of written notice to do so by the director of public works, remove such rubbish or other material or obtain or provide evidence of State Reclamation Board permission to leave the material in place.

(Prior code §3-330)

In the absence of such removal as required pursuant to Section 9.28.010, or permission to leave in place, the director of public works is authorized to remove or cause the removal of such rubbish or other material, as constituting a nuisance and in abatement thereof.

(Prior code §3-331)

The cost of such removal and abatement of nuisance shall be charged to the owner of the land from which the rubbish or other material is removed, who shall be given written notice of the amount of the charge. If the charged cost remains unpaid for a period of sixty or more days after receipt of notice thereof, it may be collected as provided in this chapter.

(Prior code §3-332)

The director of public works shall report any delinquent charge or charges to the board of supervisors. Upon receipt of the report, the board shall fix a time, date, and place for hearing the report and any protests or objections thereto.

(Prior code §3-332(a))

The board shall cause notice of the hearing to be mailed to the owners of property listed on the report not less than ten days prior to the date of the hearing.

(Prior code §3-332(b))

At the hearing the board shall hear any objections or protests of property owners liable to be assessed for delinquent charges. The board may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(Prior code §3-332(c))

The delinquent charges set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent charges. A certified copy of the confirmed report shall be filed with the county auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created shall attach upon recordation in the office of the county recorder of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county ad valorem taxes shall be applicable to such assessment, except that if any real property to which such lien would attach 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 the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent charges, as confirmed, relating to such property shall be transferred to the unsecured roll for collection.

(Prior code §3-332(d))