Ventura County Municipal Code Div. 13 Abatement of Public Nuisances

Sections:

(Added Ord. 3833—12/1/87)

(Rep. Reen. Ord. 4131—5/13/97)

This ordinance shall be known as the Ventura County Public Nuisance Abatement Ordinance.

The Board of Supervisors finds that from time to time there exist nuisances which require immediate abatement in order to protect the health, safety and welfare of the public. Pursuant to the authority granted to the Board of Supervisors in Government Code Sections 25845 and 53069.4, it is the express purpose of this ordinance to provide a mechanism for the abatement of such nuisances while providing an administrative process to ensure the due process rights of the affected property owners. This ordinance does not limit, preclude, waive or supersede any other criminal or civil remedy available by law for the abatement of public nuisances.

For the purpose of this ordinance, the following definitions shall apply:

a. County—Shall mean the County of Ventura.

b. Enforcement Officer—Shall include the Director of the Resource Management Agency and the Director of the Public Works Department, their deputies, or designated inspection officers of such agencies or departments.

c. Person—Shall include any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity allowed under the laws of the State of California to have an interest in real property.

d. Abatement costs—Shall mean any costs or expenses reasonably related to the abatement of conditions which violate any federal, state or county laws, statutes, ordinances, or duly authorized permit provisions as to land use, structures and improvements for which the County has enforcement responsibility. The foregoing shall include, but not necessarily be limited to: enforcement, investigation, administrative costs, allowable attorney fees, and any and all costs associated directly with the removal and/or correction of the violation.

e. Administrative costs—That segment of abatement costs that includes staff time expended reasonably related to enforcement activities under this ordinance. This shall include, but not necessarily be limited to, site inspections, investigations, the preparation of summaries, reports, notices, and time and expenses incidental to meetings, hearings, and related communications/correspondence/ document preparation. The hourly rate established for staff time shall be set by the Board of Supervisors and revised from time to time.

f. Administrative Fine/Penalty—Shall be considered to be a fine and/or penalty imposed by the Enforcement Officer bearing a reasonable relationship to the degree of seriousness of the violation and its correction.

g. Public Nuisance—Shall be considered to be a condition on real property, caused, maintained or permitted to exist in violation of any of the laws, statutes and ordinances which the Enforcement Agency is authorized to enforce including but not limited to violations relating to permit conditions.

When it is determined by an Enforcement Officer that a public nuisance exists, the abatement procedures described and set forth herein shall be followed.

If the Enforcement Officer determines that real property or any portion thereof is being maintained or permitted to remain in a condition falling within the definition of a "public nuisance" under this ordinance, the Officer shall give written notice to the property owner(s), lessees and/or residents thereon. The notice shall describe the property in, on, upon or over which the nuisance exists, the nature of the nuisance, a description of the proposed abatement procedures, and the date, location and time of the hearing on the proposed abatement. Notice of the hearing shall be provided at least twenty (20) days prior thereto and shall essentially be in the following form:

NOTICE IS HEREBY GIVEN that on the ___ day of _______, 19___, the following Ventura County Enforcement Officer has determined that a public nuisance exists on the following property:

Such nuisance consists of the following violations: _____ _____

Abatement procedures which may be used to correct the nuisance include, but are not necessarily limited to, the following:

_____ _____

Unless the undersigned Enforcement Officer has determined that the nuisance has been abated prior to the administrative hearing herein, the hearing officer will be requested to:

1. Find that a public nuisance exists on the property in question;

2. Order that the nuisance be abated;

3. Order the payment to the County of all costs incurred to the date of the issuance of this notice. Such costs shall be reasonably related to the identification and attempted administrative correction of the nuisance. The statement of costs submitted by the County, up to and including the costs of preparing this notice, are in the amount of $_____ as supported by the attached Cost Bill;

4. Order that the costs contained in the attached Cost Bill, if not paid within 60 days of the date of the hearing, will be assessed upon the property. Said costs shall constitute a lien thereon until paid and may be enforced in the same manner as real property taxes, including a tax foreclosure sale;

5. Order the imposition of any administrative fines and/or penalties consistent with Sec. 13112 and the type of public nuisance, the history of the offender and the need to insure prompt correction thereof.

6. Order that the property owner provide reasonable access for the abatement of the nuisance. Twenty-four hours' notice (telephonic or written) shall be given to the property owner prior to any inspection; and

7. Any other and further orders as may be reasonably necessary to bring about the abatement of the nuisance.

If you have any questions about this notice you may call me at (805)_______, Monday through Thursday. If you have any objections to the proposed abatement recommendations listed above, you are hereby notified to attend an administrative hearing to be held on ________, 19___, at ___.m., at the following location:

Room _____, _______Floor

County of Ventura, Hall of Administration

800 South Victoria Avenue

Ventura, California 93009

YOU AND/OR YOUR ATTORNEY MAY BE PRESENT AND PROVIDE SWORN TESTIMONY AND WRITTEN EVIDENCE, WHICH SHALL BE DULY CONSIDERED.

The notice described in Section 13101-1 shall be posted on the property and mailed, registered with postage prepaid, by the Agency to the last known owner of the real property as his/her/its name and address appears on the last secured assessment roll. The notice shall also be mailed, registered with postage prepaid, to anyone known to the Agency to be in possession of the parcel.

At the time stated in the notice, the Administrative Hearing Officer, as appointed by the Board of Supervisors, shall hear and consider the objections, if any, of the owner and/or possessors of the parcel to the proposed abatement, fines/penalties, and abatement costs. The hearing may be continued, as reasonably required, by the Hearing Officer.

Any party to the proceedings may be represented by counsel. Failure to appear at the hearing shall constitute a waiver of any right to object to the decision of the Hearing Officer.

All parties may present sworn testimony and written evidence and will be allowed to cross-examine all witnesses. In the absence of any objections, declarations and affidavits may be introduced by any party. Formal rules of evidence need not be followed by the Hearing Officer. Any relevant evidence shall be admissible if it is the sort of evidence upon which responsible persons are accustomed to rely upon in the normal conduct of business affairs. At the request of the County or any party to the proceeding, the Administrative Hearing Officer shall issue subpoenas and subpoenas duces tecum for the attendance of witnesses and the production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum.

At the conclusion of the hearing, after determining that a nuisance exists, the Hearing Officer may order said abatement of the nuisance and the imposition of appropriate administrative fines/penalties. Such order may include right of entry upon private property for the sole purpose of abating the nuisance, reimbursement of associated administrative expenses and costs incurred by the County, and such other and further orders as are deemed necessary to effectively abate the nuisance. In the event that the foregoing County costs and expenses are not paid within 60 days of the service of the notice and Cost Bill, the Hearing Officer may also order that such costs and expenses will be an assessment on the property.

The County officer, employee or agent abating the nuisance shall keep an account of the costs of abatement and submit a report to the respective head of the enforcing agency. The respective agency shall mail a copy of said report to the owner of the parcel with a demand that the costs of abatement be paid within sixty (60) days from service of the demand and report. If said costs are not paid prior to the expiration of the sixty (60) day period, the Hearing Officer shall hold a hearing at which time he/she shall determine whether to assess the owner's parcel for the costs of the abatement. Costs shall include the cost of the abatement of the nuisance, the related investigation, measurement, administrative and other related costs.

Notice shall be provided to the owner of the parcel at least twenty (20) days prior to the assessment hearing in the manner described in Section 13101-2.

At the Assessment Hearing, the Hearing Officer shall receive the property owner's objections to the assessment and/or the imposition of the administrative fine/penalty. The hearing shall be conducted in the same manner described in Section 13102. The Hearing Officer may make modifications to the cost report as he deems necessary, after which, by order of the Hearing Officer, the report shall be confirmed, and the Hearing Officer may order that the costs of abatement and the administrative fine/penalty shall be paid by a specific date, and if not paid by that date, said costs shall be specially assessed against the parcel. Separate civil action may be taken to enforce the administrative fine/penalty as a lien against the property owner and his property.

Pursuant to Government Code Section 53069.4, the property owner shall have the right to an appeal of the decision of the hearing officer, both as to the determination of the nuisance and of the costs thereof. Pending the appeal, any further action on the part of the agency as to the alleged nuisance and/or collection of costs related thereto shall be stayed.

The assessment is to be collected at the same time and in the same manner as ordinary County property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquencies. All laws applicable to the levy, collection and enforcement of County taxes are applicable to the special assessment.

If the Hearing Officer orders the special assessment of the costs of abatement against the parcel, the Notice of Abatement Lien shall be recorded in the Office of the County Recorder. The notice shall identify the Office of the County Recorder. The notice shall identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, include the date upon which the abatement of the nuisance was ordered and the date upon which the abatement was completed. The notice shall include a description of the real property subject to the lien and the amount of the abatement costs.

If the lien has not been recorded prior to the transfer to the subject real property before the date on which the first installment of County taxes becomes delinquent, then the cost of abatement shall not be a lien on the property but shall be transferred to the unsecured roll for collection. Any transfer of the property under this section must be to a bona fide purchaser for value.

Recordation of a Notice of Abatement Lien pursuant to Section 13108 has the same effect as recording of an Abstract of Money Judgment under Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. 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 to act on its behalf, an abatement lien created hereunder may be released or subordinated in the same manner as a judgment lien on real property.

Notwithstanding the above, when it is determined by the Board of Supervisors, by resolution, that a nuisance constitutes an immediate threat to public health or safety, the Board may order the summary abatement of the nuisance without prior hearing. If feasible, notice of the proposed summary abatement shall be given to the owner and possessors of the parcel. Immediately following said abatement, the owner of the parcel, and anyone known to the enforcing agency to be in possession of the parcel, shall be notified of the abatement of the nuisance. The notice to the owner shall include the report of the costs of abatement and a demand that the costs therein be paid within ninety (90) days. If said amount is not paid within that time period, the assessment hearing described in Section 13106 shall be set and the notice required pursuant to Section 13105 shall be served.

The following schedule of fines shall be imposed by Enforcement Officer/Hearing Officer where a nuisance is found to exist:

$100 per count for the first offense; $500 per count for the second offense; $1,000 per count for the third and subsequent offenses.

A new count shall be added for each day the violation remains unabated after the violator has been issued a Notice of Hearing pursuant to Sec. 13100-1.

Any prior violation constitutes a prior offense.

Penalties in the form of moneys and compensatory actions may be imposed in addition to fines. Penalties shall bear a reasonable relationship to the violations in question and shall take into account the following, plus any other relevant factors:

a. The good faith efforts of the violator to abate the nuisance.

b. The impact of the violation on the community.

c. The financial gain by the violator while maintaining the nuisance.

d. The seriousness of the nuisance.

e. The deterrent value of the penalty.

No provision herein precludes the party maintaining a nuisance from entering into a settlement agreement with the Enforcement Officer prior to the formal imposition of fines/penalties by the Hearing Officer.

The recovery of administrative and abatement costs incurred by the County shall be in addition to any fines and penalties levied.

Late charges and interest shall be charged for fines and penalties not paid by the required date. These charges and interest shall be the same as those established by the Board of Supervisors for the agency seeking collection.