Tehama County Municipal Code Ch. 10.16 Alternative Civil Nuisance Abatement Procedures and Remedies

A. It is the intent of the board of supervisors of the county of Tehama in adopting this chapter to provide alternative procedures for the identification and abatement of public nuisances within the county of Tehama.

B. The provisions of this chapter are supplementary to, and cumulative with, all other remedies provided in the Tehama County Code and applicable state law. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the county of Tehama or any other authorized governmental entity to enforce county ordinances, abate any and all nuisances, or employ any remedy otherwise available at law or in equity.

C. This chapter is enacted pursuant to the authority granted by Article XI, section 7 of the California Constitution, and Government Code sections 25845 and 53069.4.

D. It is the policy of Tehama County to seek voluntary compliance with these provisions, but to provide an effective means of enforcement if such compliance is not obtained.

(Ord. No. 1973, § 1, 12-11-2012)

Without limiting any other provision of this code, any and all of the following are hereby declared 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;

E. Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of any provision of this code or state law;

F. Any condition that constitutes a visual blight to a reasonable person of average sensibilities. For purposes of this chapter, visual blight is any unreasonable or unlawful condition or use of real property, premises, or building exteriors which by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the property of others or to the value of property of others, offensive to the senses, or significantly degrades the aesthetic appearance of the neighborhood. Visual blight may include, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:

1. Junk, trash, debris, scrap metal, wood, rubbish, or packing materials,

2. Abandoned, discarded or unused objects or equipment, such as furniture, stoves, appliances, refrigerators, freezers, cans or containers, or automotive parts and equipment,

3. Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned, are either registered or are certified pursuant to Section 4604 of the California Vehicle Code, and are in an active state of renovation or restoration,

4. Stagnant water or abandoned excavations,

5. Any personal property, object, device, decoration, design, fence, structure or clothesline which is unsightly by reason of its condition or its inappropriate location.

G. Any condition that constitutes an attractive nuisance; those dangerous objects or conditions that, by their nature may attract children or other curious individuals, including, but not limited to, unprotected hazardous or unfilled pools, ponds, ice boxes, refrigerators, freezers, abandoned wells, shafts, septic tanks, or other excavations.

The board of supervisors of the county of Tehama finds that certain conditions as defined in this section cause annoyance, inconvenience or damage to the public with respect to the public's comfort, health, safety, welfare and enjoyment of property. It is the purpose and intent of the board of supervisors to define and proscribe those conditions which are injurious to the public and which constitute a public nuisance, having carefully weighed the interests of the public against the interests of private property owners and possessors in the free use of their property.

(Ord. No. 1973, § 1, 12-11-2012)

A. As used in this chapter, "enforcing officer" shall mean the director of planning, building official, director of environmental health, sheriff, and any person employed by the county of Tehama and appointed to the position of code enforcement officer, as established by Tehama County Resolution Number 125-1991, each of whom is independently authorized to enforce this chapter.

B. Whenever necessary to ascertain any violation of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter, the enforcing officer may enter onto any premises or into any building upon presentation of proper credentials to the owner and/or the occupant thereof. In those situations when there is no owner and/or occupant present, or when such person or persons refuse entry, the enforcing officer shall give the owner and/or occupant twenty-four hours written notice of the intention to enter onto such premises. Such notice shall state that, in the event the right of entry is refused, entry will be obtained under an inspection warrant issued pursuant to Code of Civil Procedure sections 1822.50 et seq.

(Ord. No. 1973, § 1, 12-11-2012)

Upon discovering a public nuisance as defined in this chapter, the enforcing officer may do any one or more of the following:

A. Abate the nuisance in accordance with the procedures provided Sections 10.16.060 through 10.16.190;

B. Determine and collect an administrative civil penalty in accordance with the procedures provided [in] Section 10.16.200;

C. Seek relief from any court to abate the nuisance and/or collect civil penalties through the Office of the county counsel, without first going through the administrative procedures set forth in this chapter; or

D. Issue a stop order in accordance with the procedures provided Section 10.16.230;

E. Notwithstanding any other provision of this chapter, when any nuisance described in Section 10.16.020 constitutes an immediate threat to public health or safety, and when the procedures set forth in Sections 10.16.060 through 10.16.190 would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may direct any officer or employee of the county to summarily abate the nuisance. The enforcing officer shall make reasonable efforts to notify the persons identified in Section 10.16.080, but the formal notice and hearing procedures set forth in Sections 10.16.060 through 10.06.110 shall not apply. The county may nevertheless recover its costs for abating that nuisance in the manner set forth in this chapter.

(Ord. No. 1973, § 1, 12-11-2012)

No person or entity shall cause, permit, maintain, conduct or otherwise suffer or allow a public nuisance as defined in this chapter to exist within the unincorporated limits of the county of Tehama. It shall be the duty of every owner, occupant, and person that controls any land or interest therein within the unincorporated area of the county of Tehama to remove, abate, and prevent the reoccurrence of the public nuisance upon such land. Such duty of an owner shall exist regardless of whether the owner is in actual possession of his or her real property, and may include an obligation to take action to evict or otherwise remove an occupier who creates a public nuisance upon the owner's property.

(Ord. No. 1973, § 1, 12-11-2012)

Whenever the enforcing officer determines that a nuisance as described in chapter exists on any real property within the unincorporated area of Tehama County, he or she is authorized to issue a "notice to abate public nuisance and administrative order to show cause" in accordance with this chapter.

(Ord. No. 1973, § 1, 12-11-2012)

The notice set forth in Section 10.16.060 shall be in writing and shall:

A. Identify the owner(s) of the property upon which the nuisance exists, as named in the records of the county assessor, and identify the occupant(s), if other than the owner(s), and if known or reasonably identifiable;

B. Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

C. Identify such property by reference to the assessor's parcel number;

D. Contain a statement that one or more conditions described in Section 10.16.020 exists on the property and that it has been determined by the enforcing officer to be a public nuisance described in this chapter;

E. Describe the conditions that exist and the action(s) required to abate it;

F. Contain a statement that the owner or occupant is required to abate the conditions within fourteen calendar days, or other reasonable period specified by the enforcing officer, after the date that said notice was served;

G. Notify the recipient(s) that, unless the owner or occupant abates the conditions, a hearing will be held before the Tehama County Planning Commission to determine whether there is any good cause why these conditions should not be abated. The notice shall specify the date, time, and location of this hearing, and shall state that the owner or occupant will be given an opportunity at the hearing to present and elicit testimony and other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter, or whether there is any other good cause why those conditions should not be abated.

H. Contain a statement that, unless the owner or occupant abates the conditions, or shows good cause before the planning commission why the conditions should not be abated, the enforcing officer will abate the nuisance. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll.

(Ord. No. 1973, § 1, 12-11-2012)

The notice shall be served in the following manner:

A. By certified mail, addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known to the enforcing officer. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and

B. By certified mail addressed to anyone known to the enforcing officer to be in possession of the property at the street address of the property subject to the notice. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail; and

C. By posting such notice conspicuously in front of the property subject to the notice, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the enforcing officer to be in possession of the property.

(Ord. No. 1973, § 1, 12-11-2012)

A. Upon issuance of a notice to abate public nuisance and administrative order to show cause, the enforcing officer may record with the Tehama County Recorder a notice of pending nuisance abatement proceeding. A notice of pending nuisance abatement proceeding will describe the property and the condition in violation of this chapter.

B. If a notice of pending nuisance abatement proceeding is recorded, the enforcing officer shall serve and record a notice of final disposition when the nuisance abatement proceeding has been completed, including any appeals and the completion of any work necessary to abate the nuisance. If the work to abate the nuisance is performed at county expense, the notice of final disposition need not be issued until those costs have been paid or a lien for those costs has been recorded. The notice of final disposition shall be served upon any party that was served with the notice to abate public nuisance and administrative order to show cause.

(Ord. No. 1973, § 1, 12-11-2012)

A. Pursuant to Government Code section 25845, subdivision (h), the Tehama County Planning Commission shall hold an administrative hearing to determine whether the conditions existing on the property subject to the notice constitute a nuisance under this chapter, or whether there is any other good cause why those conditions should not be abated. This hearing shall be held no less than fifteen calendar days after service of the notice.

B. The owner or occupant of the property shall be given an opportunity at the hearing to present and elicit testimony and other evidence regarding whether the conditions existing on the property constitute a nuisance under this chapter, or whether there is any other good cause why those conditions should not be abated.

C. In the event that the owner or occupant does not appear and present evidence at the hearing, the planning commission may base its recommended decision solely upon the evidence submitted by the enforcing officer. Failure of the owner or occupant to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

D. Any hearing conducted pursuant to this chapter need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The planning commission has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

E. The planning commission may continue the administrative hearing from time to time.

F. The planning commission shall consider the matter de novo, and shall issue a recommended decision affirming, reversing, or modifying the determinations contained in the notice to abate public nuisance and administrative order to show cause. The planning commission shall issue its recommended decision in the form of a resolution, which shall include findings relating to the existence or nonexistence of the alleged nuisance, as well as findings concerning the propriety and means of abatement of the conditions set forth in the notice. Such recommended decision shall be mailed to, or personally served upon, all parties appearing at the hearing, any other parties upon whom the notice was served, and the enforcing officer.

(Ord. No. 1973, § 1, 12-11-2012)

A. The clerk of the planning commission shall promptly transmit the recommended decision to the board of supervisors. The board of supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the board of supervisors.

B. In the event that the board sets the matter for de novo hearing, such hearing shall be held in accordance with the provisions of Section 10.16.090.

C. The decision of the board of supervisors shall be mailed to, or personally served upon, all parties appearing at the hearing, any other parties upon whom the notice to abate public nuisance and administrative order to show cause was served, and the enforcing officer. Service shall be deemed to have been completed upon the deposit of said decision, postage prepaid, in the United States mail.

D. The decision of the board of supervisors shall be final and conclusive.

(Ord. No. 1973, § 1, 12-11-2012)

Any owner or occupant may abate the nuisance or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer.

(Ord. No. 1973, § 1, 12-11-2012)

A. Whenever the enforcing officer becomes aware that an owner or occupant has failed to abate any nuisance within fourteen days of the date of service of the decision of the board of supervisors requiring such abatement, the enforcing officer may take one or more of the following actions:

1. Enter upon the property and abate the nuisance by county personnel, or by private contractor under the direction of the enforcing officer. The enforcing officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the purchasing agent or board of supervisors, as applicable, prior to commencement of work. Nothing herein shall be construed to require that any private contract under this code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the state of California; and/or

2. Request that the county counsel commence a civil action to redress, enjoin, and abate the public nuisance.

(Ord. No. 1973, § 1, 12-11-2012)

A. In any enforcement action brought pursuant to this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, each person who causes, permits, suffers, or maintains the nuisance to exist shall be liable for all costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this chapter, whether those costs are incurred prior to, during, or following enactment of this chapter;

B. In any action by the enforcing officer to abate a nuisance under this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorney's fees incurred. Recovery of attorneys' fees under this subdivision shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the county in the action or proceeding.

(Ord. No. 1973, § 1, 12-11-2012)

The enforcing officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the board of supervisors showing the cost of abatement and the administrative costs for each parcel.

(Ord. No. 1973, § 1, 12-11-2012)

Upon receipt of the account of the enforcing officer, the clerk of the board of supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known, and include therewith a notice informing the owner that, at a date and time not less than five business days after the date of mailing of the notice, the board of supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the enforcing officer prior to the time set for the hearing by the board of supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable.

(Ord. No. 1973, § 1, 12-11-2012)

A. At the time fixed, the board of supervisors shall meet to review the report of the enforcing officer. An owner may appear at said time and be heard on the questions whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed.

B. The report of the enforcing officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable.

(Ord. No. 1973, § 1, 12-11-2012)

The board of supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution.

(Ord. No. 1973, § 1, 12-11-2012)

The board of supervisors may order that the cost of abating nuisances pursuant to this chapter and the administrative costs as confirmed by the board be placed upon the county tax roll by the county auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The board of supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code.

(Ord. No. 1973, § 1, 12-11-2012)

A. In addition to any other remedy or penalty prescribed in this chapter, any nuisance as described in this chapter may be subject to an administrative penalty in the following amounts:

1. Up to one hundred dollars per day, or part thereof, for the first violation.

2. Up to two hundred dollars per day, or part thereof, for a second violation of the same ordinance within one year.

3. Up to five hundred dollars per day, or part thereof, for each additional violation of the same ordinance within one year.

4. Notwithstanding subdivisions (a)(1) through (a)(3), any nuisance resulting from a violation of Chapter 9.40 of the Tehama County Code may be subject to an administrative penalty of up to one thousand dollars per day.

5. Notwithstanding subdivisions (a)(1) through (a)(3), any nuisance resulting from a violation of Chapter 9.07 of the Tehama County Code may be subject to an administrative penalty of up to one thousand dollars per violation.

The administrative penalty may be imposed via the administrative process set forth in this section, as provided in Government Code Section 53069.4, or may be imposed by the court if the violation requires court enforcement without an administrative process.

B. Acts, omissions, or conditions in violation of this code that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations.

C. In the case of a continuing violation, if the violation does not create an immediate danger to health or safety, the enforcing officer or the court shall provide for a reasonable period of time, not to exceed ten days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of administrative penalties.

D. In determining the amount of the administrative penalty, the enforcing officer, or the court if the violation requires court enforcement without an administrative process, shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and any other matters justice may require.

E. The enforcing officer may commence the administrative process by issuance of a notice of violation and proposed administrative penalty, which shall state the amount of the proposed administrative penalty and the reasons therefore. The notice shall be served by certified mail addressed to all of the following: (i) the owner of the property on which the violation exists, at the address shown on the last equalized assessment roll or as otherwise known to the enforcing officer; (ii) anyone known to the enforcing officer to be in possession of the property subject to the notice, at the street address of the property; and (iii) any other person known to the enforcing officer who has caused, permitted, maintained, conducted, or otherwise suffered or allowed the violation to exist. The failure to serve any person described in this subsection shall not affect the validity of service or the validity of any penalties imposed upon any other person. The notice shall inform the recipient of their right to request a hearing before the planning commission in accordance with this section. If such a hearing is not requested within thirty days after issuance of the notice, the proposed penalty shall become final and conclusive, and the person to whom the notice was issued shall immediately make payment of the penalty amount to the county.

F. If any person to whom the notice is issued requests a hearing before the planning commission, the person shall be notified by first class mail, postage prepaid, when the matter has been set for hearing. After the hearing, the planning commission may impose, modify, or disapprove, in whole or in part, by its own order, the proposed penalty set forth in the notice. Any order of the planning commission shall be served by first class mail, postage prepaid, upon the appellant and shall become effective upon expiration of the time to appeal under Subdivision (G), unless such an appeal is filed. If such an appeal is not filed, the administrative penalty shall become final and conclusive, and the person to whom the notice was issued shall immediately make payment of the penalty amount to the county.

G. Appeal from any action of the planning commission hereunder may be made in writing to the board of supervisors within ten days of such action. The board may affirm, modify, or set aside, in whole or in part, any action of the planning commission hereunder. The decision of the board of supervisors shall be final and conclusive. Any order of the board of supervisors shall become effective upon issuance thereof and shall be served by first class mail, postage prepaid, upon the appellant. Payment of an administrative penalty specified in the board of supervisors' order shall be made to the county within twenty days of service of the order, unless successfully challenged by a timely writ of mandate.

H. Interest shall accrue on all amounts due under this section, from the effective date of the administrative penalty order, as set forth in this section, to the date paid pursuant to the laws applicable to civil money judgments.

I. In addition to any other legal remedy, whenever the amount of any administrative penalty imposed pursuant to this Section in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.

1. The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure section 697.340, and may be extended as provided in Code of Civil Procedure sections 683.110 to 683.220, inclusive.

2. Interest shall accrue on the principal amount of the lien remaining unsatisfied pursuant to the law applicable to civil money judgments.

3. Prior to recording any such lien, the enforcing officer shall prepare and file with the clerk of the board of supervisors a report stating the amounts due and owing.

4. The clerk of the board of supervisors will fix a time, date, and place for the board of supervisors to consider the report and any protests or objections to it.

5. The clerk of the board of supervisors shall serve the owner 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 administrative penalty 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 to actually receive notice does not affect its validity.

6. Any person whose real property is subject to a lien 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.

7. At the conclusion of the hearing, the board of supervisors will adopt a resolution confirming, discharging, or modifying the lien amount.

8. Within thirty days following the board of supervisors' adoption of a resolution imposing a lien, the clerk of the board of supervisors will file same as a judgment lien in the Tehama County recorder's office.

9. Once the county receives full payment for outstanding principal, penalties, and costs, the clerk of the board of supervisors will either record a notice of satisfaction or provide the owner with a notice of satisfaction for recordation at the Tehama County recorders office. This notice of satisfaction will cancel the county's lien under this section.

10. The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The county shall be entitled to its attorneys fees and costs.

J. Administrative penalties imposed pursuant to this section shall also constitute a personal obligation of each person who causes, permits, maintains, conducts or otherwise suffers or allows the nuisance to exist. In the event that administrative penalties are imposed pursuant to this section on two or more persons for the same violation, all such persons shall be jointly and severally liable for the full amount of the penalties imposed. In addition to any other remedy, the county may prosecute a civil action through the office of the county counsel to collect any administrative penalty imposed pursuant to this section.

K. Payment of administrative penalties under this section does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the notice of violation and proposed administrative penalty. The payment of administrative penalties does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

(Ord. No. 1973, § 1, 12-11-2012; Ord. No. 2006, §§ 6, 7, 6-9-2015; Ord. No. 2021, §§ 2, 3, 3-22-2016)

As an alternative to any other procedure set forth in this chapter, the county may abate any nuisance described in this chapter by the prosecution of a civil action through the office of the county counsel, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this chapter or requiring compliance with other terms. In addition to any other remedy provided by law or equity, the court in such an action may appoint a receiver for the property upon which the violation is occurring, pursuant to Code of Civil Procedure section 564, who shall be authorized to take such actions as may be necessary to remedy and remove the violation.

(Ord. No. 1973, § 1, 12-11-2012)

No department, commission or employee of the County of Tehama vested with the duty or authority to issue or approve permits, licenses or other entitlements shall do so when there is an outstanding failure to abate a nuisance as described in this chapter within fourteen days of the date of service of the decision of the board of supervisors requiring such abatement involving the real property to which the pending application pertains. The authority to deny shall apply whether the applicant was the occupant or owner of record at the time of such violation or whether the applicant is either the current occupant or owner of record or a vendor of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time he or she acquired his or her interest in such real property. Upon notification by the enforcing officer that such a violation exists, all departments, such commissions, and employees shall refuse to issue permits or licenses or entitlements involving the premises except those necessary to abate such violation. The enforcing officer may waive the provisions of this section regarding refusal to issue if he or she determines such waiver to be required to allow necessary or desirable remedial, protective or preventative work.

(Ord. No. 1973, § 1, 12-11-2012)

In addition to any other remedy provided by law or this code, whenever the enforcing officer determines that any activity is occurring or has occurred that constitutes a nuisance as described in this chapter, the enforcing officer may issue a stop order directing that the nuisance activity cease immediately. The stop order shall state the nature of the activity and that it is deemed to be a nuisance and shall contain references to applicable provisions of this chapter upon which the enforcing officer based his determination. The stop order shall include a statement of any corrective action or restoration work the enforcing officer deems necessary to abate the condition. It shall be unlawful and a violation of this code for any person to resume any use or activity that were ordered to be stopped by the enforcing officer, unless the enforcing officer has first required and the person has agreed to any necessary corrective measures, and the enforcing officer has authorized resumption of the use or activity. The person to whom a stop order is issued may appeal the issuance of the order to the planning commission within thirty days of issuance of the order, but the filing of such appeal shall not permit the resumption of the use or activity that was ordered to be stopped by the enforcing officer. The planning commission may affirm, modify, or set aside, in whole or in part, by its own order, any stop order of the enforcing officer. Appeal from any action of the planning commission hereunder may be made in writing to the board of supervisors within ten days of such action. The board may affirm, modify, or set aside, in whole or in part, any action of the planning commission hereunder.

(Ord. No. 1973, § 1, 12-11-2012)

Nothing in this chapter shall be construed as imposing on the enforcing officer or the county of Tehama any duty to issue any notice hereunder, nor to abate any nuisance, nor to take any other action with regard to any nuisance, and neither the enforcing officer nor the county of Tehama shall be held liable for failure to issue any notice hereunder, nor for failure to abate any nuisance, nor for failure to take any other action with regard to any nuisance.

(Ord. No. 1973, § 1, 12-11-2012)

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. No. 1973, § 1, 12-11-2012)

If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. No. 1973, § 1, 12-11-2012)