Trinity County Municipal Code Ch. 8.64 Abatement of Nuisances

The following terms, as used in this chapter, shall have the meanings ascribed to them in this section, as follows:

A. "Board" means the board of supervisors of the county.

B. "Clerk" means the clerk of the board of supervisors of the county.

C. "Director" means the director of public works of the county.

(Ord. 1084 §1(part), 1986)

Whenever there is cause to believe that a public nuisance exists within the unincorporated area of the county, the board, in addition to any other remedy available to it, may cause the abatement of such nuisance and may assess the cost of such abatement pursuant to the procedure of this chapter.

(Ord. 1084 §1(part), 1986)

When acting pursuant to this chapter, the board shall adopt a resolution alleging the existence of a nuisance, which shall include a description of the conditions believed to be a public nuisance and the location thereof.

(Ord. 1084 §1(part), 1986)

The board shall appoint a time and place for a hearing on whether a public nuisance, as set forth in the resolution provided for in Section 8.64.030, exists, and shall direct the clerk to give notice as hereinafter provided, and shall refer the matter to the director, who shall make and file with the clerk and district attorney, not less than seven days prior to the hearing, a report in writing, which shall contain:

A. A diagram showing the boundaries of the parcel of land upon which the alleged nuisance exists;

B. A description of the methods proposed to be used to abate the alleged nuisance;

C. An estimate of the cost of abatement of the alleged nuisance together with the incidental expenses in connection therewith.

(Ord. 1084 §1(part), 1986)

At least seven days before the date set for hearing, the clerk shall mail, postage prepaid, notice of the hearing to all persons owning real property upon which the alleged nuisance exists, whose names and addresses appear on the last equalized assessment roll for county taxes or who are known to the clerk. The failure of the clerk to mail the notice to any property owner or the failure to any property owner to receive the notice shall not affect the validity of any proceeding taken under this chapter.

(Ord. 1084 §1 (part), 1986)

The notice provided for in Section 8.64.050 shall contain:

A. A statement of the time, place and purpose of the hearing;

B. A description of any methods proposed to be used to abate any public nuisance should a public nuisance be found to exist;

C. A statement of the total estimated cost of the proposed abatement of the alleged nuisance;

D. A statement that any person interested may file a written protest to the determination of a public nuisance, to the methods proposed to be used to abate the alleged public nuisance, or to both.

(Ord. 1084 §1(part), 1986)

Any interested person may object by filing a written protest with the clerk at or before the time set for hearing. Such protest must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and, if the signers are not shown on the last equalized assessment roll as owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property or are otherwise interested therein. The clerk shall endorse on each protest the date of its receipt and at the time appointed for hearing shall present any written protest received to the board.

(Ord. 1084 §1(part), 1986)

Upon the day and hour fixed for the hearing, the board shall first hear and pass upon the determination of the existence of a public nuisance, together with any objections or protests which may be raised by any property owners liable to be assessed for the work of abatement of the nuisance or any other interested party. Should a public nuisance be found to exist, the board shall then hear and pass upon the report of the director, together with any objections or protests thereto, which may be raised by any property owners liable to be assessed for the work of abatement of the nuisance or any other interested persons. Thereupon, the board may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The board may adjourn the hearing from time to time. The decision of the board on all protests and objections which may be made shall be final and conclusive. Should the board find that public nuisance does not exist, no further proceedings shall be had.

(Ord. 1084 §1(part), 1986)

Upon the confirmation of the report, the director shall cause the abatement of the nuisance in the manner authorized and the cost of the same shall be a lien on the property; provided, however, the property owner may abate the nuisance up to the time the director causes the abatement of the nuisance.

(Ord. 1084 §1(part), 1986)

Upon the completion of the abatement, the director shall prepare and file with the clerk a report specifying the cost of the abatement, a description of the real property upon which the nuisance existed, and the assessment against each parcel of land proposed to be levied to pay the cost of such abatement. Such report may include any number of parcels of property, whether contiguous to each other or not. The board shall set the report of the director for hearing.

(Ord. 1084 §1(part), 1986)

Upon the filing of the report of the director, the clerk shall cause notice of the cost of the abatement as shown in the report to be given as provided in Section 8.64.050, which notice shall specify the day, hour and place when the board will hear and pass upon the report by the director of the cost of the abatement, together with objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such abatement, or any other interested person.

(Ord. 1084 §1(part), 1986)

The board shall hear and consider such report and protests and have such powers as are provided in Section 8.64.080.

(Ord. 1084 §1(part), 1986)

The cost of the abatement may be assessed by the board against the property upon which such abatement was made, and such cost so assessed, if not paid within ten days after its confirmation by the board, constitutes a special assessment against the parcel of property and is a lien on the property for the amount thereof which lien continues until the assessment and all interest thereon is paid or until it is discharged of record.

(Ord. 1084 §1(part), 1986)

The director may file in the office of the county recorder for recording, a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in me by Trinity County Code Chapter _______, I did on the _____ day of _______, 19___, cause the abatement of a public nuisance, namely: _____ _____ _____ upon the real property hereinafter described, and the Board of Supervisors of the County of Trinity, did on the _____ day of _______, 19___, by Resolution No. _____, assess the cost of such abatement upon the real property hereinafter described, and the same has not been paid not any part thereof, and the said County does hereby claim a lien on said real property in the sum of ___________Dollars ($)_____, and the same shall be a lien upon real property until the said sum, with interest at the rate of seven percent (7%) per annum, for the said _____day of _______, 19___, the day of confirmation of the assessment, has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed is that certain real property lying and being in the County of Trinity, State of California, and more particularly described as follows, to wit:

Owners:

Dated this _____ day of _____, 19___.

_______________________

Director of Public Works,

County of Trinity.

(Ord. 1084 §1(part), 1986)

From and after the date of recording the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amounts due, respectively, from each parcel. If any such lien is not paid, the amount 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 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.

(Ord. 1084 §1(part), 1986)

All objections to any matter before the board relating to the determination of the existence of a public nuisance or to any methods proposed to be used for the abatement of any public nuisance found to exist as provided in this chapter, or to any other act or proceeding occurring prior to the time within which such objections are permitted to be filed, not made in the matter specified, shall be waived.

(Ord. 1084 §1(part), 1986)

The board may establish a special revolving fund to be designated as the abatement fund. Payments shall be made out of the fund upon the demand of the director to defray the costs and expenses which may be incurred by the county in doing or causing to be done the necessary work of abatement.

(Ord. 1084 §1 (part), 1986)

The board at any time may transfer to the abatement fund, out of any money in the general fund of the county, such sums as it may deem necessary in order to expedite the performance of the work of abatement, and any sum so transferred shall be deemed a loan to the abatement fund and shall be repaid out of the proceeds of the collections heretofore provided for. All funds collected under the proceedings heretofore provided for shall be paid to the county treasurer, who shall credit the same to the abatement fund.

(Ord. 1084 §1(part), 1986)

The ordinance codified in this chapter is enacted pursuant to the provisions of Section 25845 of the Government Code of the state.

(Ord. 1084 §1(part), 1986)