Tehama Municipal Code Art. II Enforcement

Every violation of this chapter is hereby declared to be a public nuisance, and shall be subject to abatement in accordance with the provisions of this article.

(Ord. No. 1913, § 1, 12-16-2008)

Any person in possession or control of an apiary 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 commissioner. Abatement shall consist of relocation or destruction of the apiary, as determined by the commissioner.

(Ord. No. 1913, § 1, 12-16-2008)

Whenever the commissioner determines that a nuisance as described in Section 7.07.120 exists in any location within the unincorporated area of Tehama County, he or she is authorized to notify the person(s) in possession or control of the apiary and the owner(s) and/or occupant(s) of the location premises, through issuance of a "notice to abate bee nuisance."

(Ord. No. 1913, § 1, 12-16-2008)

The notice set forth in Section 7.07.140 shall be in writing and shall:

A. Identify the person(s) in possession or control of the apiary, if known, or if reasonably identifiable by inspection of the apiary.

B. 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.

C. 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.

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

E. Contain a statement that a violation of this chapter exists and that it has been determined by the commissioner to be a public nuisance described in this chapter.

F. Describe the nuisance that exists and the actions required to abate it.

H. Contain a statement that the person(s) in possession or control of the apiary is required to abate the nuisance within fourteen calendar days after the date that said notice was served.

I. Contain a statement that the person(s) in possession or control of the apiary, or the owner or occupant of the location premises, may, within ten calendar days after the date that said notice was served, make a request in writing to the clerk of the board of supervisors for a hearing to appeal the determination of the commissioner that the conditions existing constitute a public nuisance, or to show other cause why those conditions should not be abated in accordance with the provisions of this chapter.

J. Contain a statement that, unless the person(s) in possession or control of the apiary, or the owner or occupant of the location premises, abates the nuisance, or requests a hearing before the board of supervisors, within the time prescribed in the notice, the commissioner 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. 1913, § 1, 12-16-2008)

A. The notice set forth in Section 7.07.150 shall be served by delivering it personally to the person(s) in possession or control of the apiary and the owner(s) and occupant(s) of the location premises, or by mailing it by regular United States mail, together with a certificate of mailing, to the person(s) in possession or control of the apiary, if ascertainable from the records of the commissioner, and to the occupant of the property at the address thereof, and to any non-occupying owner at his or her address as it appears on the last equalized assessment roll, except that:

1. If the records of the county assessor show that the ownership has changed since the last equalized assessment roll was completed, the notice shall also be mailed to the new owner at his or her address as it appears in said records.

2. In the event that, after reasonable effort, the commissioner is unable to serve the notice as set forth in this section, service shall be accomplished by posting a copy of the notice on the real property upon which the nuisance exists as follows: Copies of the notice shall be posted along the frontage of the subject property and at such other locations on the property reasonably likely to provide notice to the owner. In no event shall fewer than two copies of the order be posted on a property pursuant to this section.

B. The date of service is deemed to be the date of deposit in the mail, personal delivery, or posting, as applicable.

(Ord. No. 1913, § 1, 12-16-2008)

A. Any person upon whom a notice to abate bee nuisance has been served may appeal the determination of the commissioner that the conditions set forth in the notice constitute a public nuisance to the board of supervisors, or may show cause before the board of supervisors why those conditions should not be abated in accordance with the provisions of this chapter. Any such administrative review shall be commenced by filing a written request for a hearing with the clerk of the board of supervisors within ten calendar days after the date that said notice was served. The written request shall include a statement of all facts supporting the appeal. The time requirement for filing such a written request shall be deemed jurisdictional and may not be waived. In the absence of a timely filed written request that complies fully with the findings of the commissioner contained in the notice shall become final and conclusive on the eleventh day following service of the notice.

B. Upon timely receipt of a written request for hearing which complies with the requirements of this section, the clerk of the board of supervisors shall set a hearing date not less than seven days nor more than thirty days from the date the request was filed. The clerk shall send written notice of the hearing date to the requesting party, to any other parties upon whom the notice was served, and to the commissioner.

C. 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 board of supervisors has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.

D. The board of supervisors may continue the administrative hearing from time to time.

E. The board of supervisors shall consider the matter de novo, and may affirm, reverse, or modify the determinations contained in the notice to abate bee nuisance. The board of supervisors shall issue a written 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 decision shall be mailed to, or personally served upon, the party requesting the hearing, any other parties upon whom the notice was served, and the commissioner.

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

(Ord. No. 1913, § 1, 12-16-2008)

Notwithstanding any other provision of this chapter, when any nuisance described in Section 7.07.120 constitutes an immediate threat to public health or safety, and when the procedures set forth in Sections 7.07.140 through 7.07.170 would not result in abatement of that nuisance within a short enough time period to avoid that threat, the commissioner may direct any officer or employee of the county to summarily abate the nuisance. The commissioner shall make reasonable efforts to notify the persons identified in Section 7.07.160, but the formal notice and hearing procedures set forth in Sections 7.07.140 through 7.07.170 shall not apply. The county may nevertheless recover its costs for abating that nuisance in the manner set forth in this chapter.

(Ord. No. 1913, § 1, 12-16-2008)

A. Whenever the commissioner becomes aware that an owner or occupant has failed to abate any nuisance within fourteen days of the date of service of the notice to abate bee nuisance, unless timely appealed, or of the date 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 commissioner may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the board of supervisors 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;

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

3. Refer the matter to the district attorney for misdemeanor prosecution under Section 7.60.030.

(Ord. No. 1913, § 1, 12-16-2008)

A. In any abatement action taken by the county 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 commissioner 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 attorneys' fees incurred by the county in the action or proceeding.

C. The costs set forth in this section shall be a personal obligation of each person who causes, permits, suffers, or maintains the nuisance, jointly and severally with all other such persons, and may also be collected by special assessment and lien, as set forth in Sections 7.07.210 through 7.07.250.

(Ord. No. 1913, § 1, 12-16-2008)

The commissioner 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. 1913, § 1, 12-16-2008)

Upon receipt of the account of the commissioner, 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 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 forth 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. 1913, § 1, 12-16-2008)

A. At the time fixed, the board of supervisors shall meet to review the report of the commissioner. 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.

C. The board of supervisors shall also determine whether or not the owner consented to the presence of the apiary determined to constitute a nuisance. If it is determined at the hearing that the apiary was placed on the premises without the consent of the owner of such premises and that he has not subsequently acquiesced in its presence, costs for the abatement shall not be assessed against such premises or otherwise attempted to be collected from the owner of such premises.

(Ord. No. 1913, § 1, 12-16-2008)

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. 1913, § 1, 12-16-2008)

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. 1913, § 1, 12-16-2008)

A. In addition to any other remedy or penalty prescribed in this chapter, each violation of this chapter may be subject to an administrative penalty of up to $100.00 per day for each hive causing or contributing to the 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. In the case of a continuing violation, if the violation does not create an immediate danger to health or safety, the commissioner or the court shall provide for a reasonable period of time, not to exceed three days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of administrative penalties.

C. In determining the amount of the administrative penalty, the commissioner or the court 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.

D. The commissioner may commence the administrative process by issuance of a notice of proposed administrative penalty, which shall state the amount of the proposed administrative penalty and the reasons therefore. The notice shall inform the recipient of their right to request a hearing before the board of supervisors 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.

E. If the person to whom the notice is issued requests a hearing before the board of supervisors, the person shall be notified by certified mail when the matter has been set for hearing. After the hearing, the board of supervisors 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 board of supervisors shall become effective upon issuance thereof and shall be served by certified mail upon the appellant. Payment of an administrative penalty specified in the board of supervisors' order shall be made to the county within thirty days of service of the order.

F. 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.

(Ord. No. 1913, § 1, 12-16-2008)

Nothing in this chapter shall be construed as imposing on the commissioner or the County of Tehama any duty to issue an notice to abate bee nuisance, nor to abate any nuisance, nor to take any other action with regard to any nuisance, and neither the commissioner nor the County of Tehama shall be held liable for failure to issue an order to abate a nuisance, nor for failure to abate any nuisance, nor for failure to take any other action with regard to any nuisance.

(Ord. No. 1913, § 1, 12-16-2008)

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. 1913, § 1, 12-16-2008)

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. 1913, § 1, 12-16-2008)