Yuba County Municipal Code Art. 6 Administrative Abatements

This Article is adopted pursuant to the authority vested in the County by Government Code § 25845.

(Prior Code, § 7.36.610; Ord. No. 1303)

Abatement of a condition or circumstance that is alleged to be a public nuisance shall be encouraged to be on a voluntary basis on the part of the alleged violator and, only when necessary, be performed by official action. Where the condition or circumstance poses a serious and immediate threat to health or safety, summary abatement shall be permitted. Otherwise, abatement by official action shall be considered necessary and carried out after a determination has been made that a public nuisance exists and the determination has not been appealed within the specified period of time. Policy regarding mandatory abatement shall provide the accused with an opportunity to effect the abatement after being so ordered and prior to any official action to abate.

(Prior Code, § 7.36.615; Ord. No. 1303; Ord. No. 1458)

Pursuant to Public Contracts Code §§ 1102, 22035, and 22050, for summary abatements estimated to cost between $25,000.00 and $75,000.00, the Director is delegated the authority to take any directly related and immediate action required for a summary abatement, and procure the necessary equipment, services and supplies for that purpose without giving notice for bids to let contracts. In such event, the Director shall comply with the reporting requirements of Public Contracts Code § 22050.

(Prior Code, § 7.36.618; Ord. No. 1458)

The Director, or his or her designee, shall, at the initiation of any action or proceeding taken pursuant to this Chapter, determine whether to seek recovery of the County's attorneys' fees. In the event of such an election, the enforcement official shall give notice to the alleged violator of such election. Further, in the event of such an election, the prevailing party in any such action, administrative proceeding, or special proceeding to abate a nuisance shall be entitled to recover attorneys' 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.

(Prior Code, § 7.36.620; Ord. No. 1303)

(a) Upon making a reasonable determination that a public nuisance exists, the Enforcement Official shall notify the owner and/or the alleged violator that a public nuisance exists upon such owner's property. As to an owner, the notice and order to abate shall be delivered by personal service or by certified, return receipt mail, with postage prepaid, addressed to the owner as such owner's name and address appears on the last equalized assessment roll or to such other address as the owner directs. As to an alleged violator whom the Enforcement Official has determined directly or indirectly contributed to the condition creating the nuisance, the notice and order to abate shall be delivered by personal service or by certified, return receipt mail, with postage prepaid, to the last known address of the alleged violator. In addition, the notice and order to abate shall be delivered by first class mail, with postage prepaid, addressed to the owner and/or alleged violator at the same addresses. If the address of any such person is unknown to the Enforcement Official, then a copy shall be posted on the property. The Enforcement Official shall complete a proof of service.

(b) The notice and order to abate shall describe the use or condition which constitutes the public nuisance; and, if in the opinion of the Enforcement Official the nuisance can be corrected or abated with repair or other work, then such notice and order to abate shall also state what repair or other work is required in order to abate the nuisance.

(c) The notice and order to abate shall order that the uses or conditions constituting the nuisance be abated by demolition, securing, removal, cleanup, repair or other means within a reasonable time certain as determined necessary for such abatement by the Enforcement Official based upon the nature and complexity of the abatement process, normally being 30 days from the date such notice is mailed.

(d) In addition, the notice and order to abate shall include the following information in substantially the following form:

NOTICE AND ORDER TO ABATE PUBLIC NUISANCE

If you disagree with the determination that a public nuisance exists on the subject property, you have the right to a hearing to show cause, if any there be, why the use of said real property should not be found to be a public nuisance and abated pursuant to the Yuba County Ordinance Code. You may request a hearing by filing a written request for a hearing with the Yuba County Community Development and Services Agency's Code Enforcement Office, whose address appears above, within 15 calendar days of the date of this Notice.

After hearing, if a violation is found to exist, or if you do not request a hearing, the cost of abating such violation and administrative penalties will become a lien against the subject property and will also be assessed against the property in the same manner as taxes. The "cost of abating a violation" shall include, but not be limited to, the County's attorneys' fees, the cost of the Administrative Law Judge, the cost of prior time and expenses associated with bringing the matter to hearing, the cost associated with any appeals from the decision of the Administrative Law Judge, the cost of judicially abating the violation, the cost of men and material necessary to physically abate the violation, and the cost of securing expert and other witnesses.

If the violation is not remedied within the time stated in this notice and order to abate, Administrative Penalties in the amount of $_______ pursuant to Article 4, Section 7.36.420 of this Chapter will begin to accrue. Even if you do not request a hearing with respect to the existence of a public nuisance, you may contest the Administrative Penalties by filing a written request for a hearing solely to contest imposition of the Administrative Penalties with the Yuba County Code Enforcement Office, whose address appears above, within 15 calendar days of the date of this Notice.

The abatement lien shall be recorded and shall have the same force and effect as an abstract of judgment which is recorded as a money judgment obtained in a court of law. If you fail to request a hearing or appear at the hearing and fail to raise any defense or assert any relevant point at the time of hearing, the County will assert, in later judicial proceedings to enforce an order or abatement, that you have waived all rights to assert such defenses or such points.

In preparing for such hearing, you should be aware that if an initial showing is made by the Enforcement Official sufficient to persuade the Administrative Law Judge that a public nuisance exists on your property, you will then have the burden of proving that no public nuisance exists on your property. Therefore, you should be prepared to introduce oral and documentary evidence proving why, in your opinion, your use of the property is not a public nuisance as defined in the Yuba County Ordinance Code. A copy of the ordinance relating to administrative abatement hearings is enclosed to assist you in the preparation of your presentation.

If an initial showing sufficient to persuade the Administrative Law Judge that a public nuisance exists on your property is made by the Enforcement Official, your failure to sustain the burden of showing that no public nuisance exists on the property may result in an administrative decision ordering the abatement of uses or conditions on your property which are found to be a public nuisance and may also result in a later judicial order to the same effect.

Further, if you do not request a hearing or if the Administrative Law Judge finds that a public nuisance exists on your property and you fail to abate the nuisance in compliance with the time requirements set forth in the notice and order to abate or the Administrative Law Judge's Order, the County will abate the nuisance. If the County abates the nuisance, you will be responsible for the actual costs of the abatement, including the costs to the County, if any, of the administrative hearing. If such abatement costs are not paid within 30 days of the date of the demand for payment therefore, such costs will be specially assessed against your parcel by the County and added to your tax bill as a special assessment. Special assessments have the same priority, for collection purposes, as other taxes; and, if not paid, may result in a forced sale of your property.

If there is a hearing and if the Administrative Law Judge finds that your property is in violation of the Yuba County Ordinance Code, the County will contend that you are bound by such finding at any subsequent judicial action relating to the Administrative Law Judge's order.

IMPORTANT: READ THIS NOTICE CAREFULLY. FAILURE TO RESPOND WITHIN THE TIME SET FORTH IN THIS NOTICE WILL LIKELY RESULT IN ADMINISTRATIVE AND/OR JUDICIAL ABATEMENT AND TERMINATION OF USES OF OR CONDITIONS ON YOUR PROPERTY WHICH THE ENFORCEMENT OFFICIAL CONTENDS ARE IN VIOLATION OF THE YUBA COUNTY ORDINANCE CODE.

Dated: ___________

By: ___________

Enforcement Official

Enclosure: Property Maintenance Ordinance

(Prior Code, § 7.36.625; Ord. No. 1303; Ord. No. 1405)

If the owner or alleged violator does not request a hearing, and voluntary abatement is not achieved in conformance with Section 7.36.615, the Enforcement Official may abate the nuisance; and if the costs of such abatement are not paid within 30 days of the date of demand therefore, the Enforcement Official shall take action to confirm the accounting and record a lien following the procedures set forth in Sections 7.36.655 through 7.36.675.

(1) If the owner or alleged violator does not request a hearing, and voluntary abatement is not achieved in conformance with Section 7.36.615, the Enforcement Official may abate the nuisance; and if the costs of such abatement are not paid within 30 days of the date of written demand therefore, the Enforcement Official shall take action to confirm the account and record a lien following the procedures set forth in Sections 7.36.655 through 7.36.675.

(2) In the event of a summary abatement by the Enforcement Official, the Enforcement Official shall send a demand for payment of the cost of such abatement to the owner or alleged violator; and if the costs of such abatement are not paid within 30 days of the date of demand therefore, the Enforcement Official shall take action to confirm the account and record a lien following the procedures set forth in Sections 7.36.655 through 7.36.675.

(Prior Code, § 7.36.627; Ord. No. 1303; Ord. No. 1458)

If the owner or alleged violator requests a hearing within 15 calendar days of the date of the notice and order to abate, the Enforcement Official shall schedule a hearing and provide notice to the owner or alleged violator of the time and place the hearing will take place. Notice of the hearing shall be delivered by personal service or by certified return receipt mail, with postage prepaid, addressed to the owner as such owner's name and address appears on the last equalized assessment roll or to such other address as the owner or alleged violator provides. In addition, the notice of hearing shall be delivered by first class mail, with postage prepaid, addressed to the owner as such owner's name and address appears on the last equalized assessment roll or to such other address as the owner or alleged violator provides. The Enforcement Official shall complete a proof of service. The hearing shall be set for a date that is not less than 15 and not more than 60 days from the date that the request for hearing is filed with the Enforcement Official. The notice of hearing shall also notify the owner or allege violator as to the nature and amount of administrative costs the Enforcement Official will be seeking the Administrative Law Judge to approve.

(Prior Code, § 7.36.628; Ord. No. 1303)

The Enforcement Official shall cause a notice of noncompliance to be recorded in the office of the County Recorder if the required abatement is not completed within the time period set forth in the notice and order to abate.

(Prior Code, § 7.36.630; Ord. No. 1303)

• Refusal to issue permits, approval, etc., for premises for which notice of noncompliance issued.

(a) Upon recording a notice of noncompliance, no department, commission, committee, officer or employee of the County shall issue or approve permits, licenses or other entitlements involving the property to which the violation pertains except for the issuance of permits, licenses or other entitlements necessary to correct or abate the violation.

(b) The refusal to issue pursuant to Subsection (a) above shall terminate when a notice of compliance has been recorded as to any and all recorded notices of noncompliance involving the property to which the violation pertains.

(Prior Code, § 7.36.632; Ord. No. 1303)

Upon all work to abate the violation being completed and approved by the affected Department, and payment of the County's administrative costs, administrative penalties and abatement costs, the Enforcement Official shall submit a notice of compliance to the County Recorder for recordation if a notice of noncompliance has been recorded. Said notice of compliance shall refer to the related notice of noncompliance recorded pursuant to Section 7.36.630.

(Prior Code, § 7.36.635; Ord. No. 1303)

At the time and place set for the hearing, the Administrative Law Judge shall review the Enforcement Official's decision ordering cessation of the alleged public nuisance to determine whether such decision conforms to law and is supported by substantial evidence following the procedures set forth in Article 5.

(Prior Code, § 7.36.638; Ord. No. 1303)

(a) Within 30 days after the hearing is closed, the Administrative Law Judge shall render his or her written decision relating to the existence or nonexistence of the alleged public nuisance. The Administrative Law Judge shall take one of the following actions:

(1) Terminate the abatement proceedings upon a finding that a nuisance does not exist.

(2) Confirm the existence of a nuisance, and order the owner or other affected person to abate the nuisance within a reasonable period of time. The order shall provide that, in the event such abatement is not commenced, prosecuted, or completed within the terms set by the decision, the Enforcement Official shall be empowered and authorized to abate the nuisance and that administrative penalties shall recommence accrual as of that date. Upon the expiration of the time limits set by the Administrative Law Judge, the Enforcement Official shall acquire jurisdiction to abate the nuisance.

(3) If the hearing related solely to whether an administrative penalty should be imposed, either confirm or deny imposition of the penalty.

(b) If a violation is found to exist, the decision shall include: (1) a statement of the costs incurred by the County in abating the violation, and (2) a statement as to the amount of administrative penalties, if any, that are being or shall be assessed. In addition, the decision shall include an order that the administrative penalties and administrative costs of abatement incurred to date be paid to the County within 30 calendar days.

(c) The decision shall contain findings of fact and conclusions of law. Unless a different address has been provided by the owner or violator, a copy of the decision shall be mailed by certified mail, return receipt requested, to the person or persons shown on the last County tax roll to be the owner(s) of the property which is the subject of the hearing and the occupant(s) of such parcel, if any.

(d) The decision of the Administrative Law Judge shall be final on the date the certified mail set forth in Subsection (c), above, is deposited in the mail. The Administrative Law Judge shall notify the Clerk of the Board of Supervisors of his or her decision and the date upon which an appeal may be made. If the Board of Supervisors does not receive an appeal pursuant to Section 7.36.645 within 15 calendar days or a request for a waiver pursuant to Section 7.36.642 within ten calendar days of the date the Administrative Law Judge's decision became final, it shall be deemed to have ratified and adopted the Administrative Law Judge's decision. If it is the ratified decision of the Administrative Law Judge that a public nuisance exists, the owner and/or violator shall be responsible for paying all of the County's administrative costs, administrative penalties, and abatement costs, including but not limited to, those cost items set forth in the notice and order to abate pursuant to Section 7.36.625(d).

(Prior Code, § 7.36.640; Ord. No. 1303)

Prior to and in lieu of filing an appeal as set forth in Section 7.36.645, the owner and/or violator, the Director, or any other interested person may, within ten calendar days of the date the Administrative Law Judge's decision became final, file with the Clerk of the Board of Supervisors a written request that the Board of Supervisors waive any defense it may have to assert that the applicant for waiver has failed to exhaust administrative remedies before the Board of Supervisors. In the event such a written request for waiver is filed, the time to file an appeal pursuant to Section 7.36.645 is extended so that the appeal may be filed within 15 days of the Board of Supervisors taking action to deny the request for waiver. If the waiver is granted, the applicant for the waiver may seek appropriate judicial review without following the appeal procedures set forth in Section 7.36.645.

(Prior Code, § 7.36.642; Ord. No. 1303)

(a) Within the 15-day period referred to in Section 7.36.640(d), or Section 7.36.642, above, the owner and/or violator, the Director, or any other interested person may appeal the decision of the Administrative Law Judge to the Yuba County Board of Supervisors if such individual or entity does all of the following:

(1) Delivers a written appeal to the Clerk of the Board of Supervisors within the 15-day appeal period; and

(2) Delivers to the Clerk of the Board of Supervisors within the 15-day appeal period the appeal fee in the sum of $50.00.

(3) Within 15 calendar days of being notified by the Clerk of the Board of Supervisors, the appellant shall deposit with the Clerk of the Board an amount of money equal to the estimated cost of transcribing the oral proceedings before the Administrative Law Judge and the cost of duplicating seven copies of the administrative record, including all exhibits introduced at the hearing. The appellant shall be responsible for the cost of the appeal and record; provided, however, if the Board upholds the appeal and finds that no violation exists, then the costs of the appeal shall be borne by the County and the deposit returned to the appellant.

(b) In the event of an appeal to the Board of Supervisors, the Board shall decide the appeal based solely on the administrative record and transcript of the hearing. The Board shall review the record, transcript and evidence and then adopt, reject or modify the decision of the Administrative Law Judge.

(c) In the event of an appeal to the Board of Supervisors, the Board shall decide the appeal within 30 days after receipt of the administrative record. Notice of the Board's decision shall be mailed to the owner and/or violator, the Director, the Administrative Law Judge, and those persons receiving notice pursuant to Section 7.36.625(a).

(d) If a final decision of the Administrative Law Judge finds that a violation exists and there is no appeal or the Administrative Law Judge's decision is upheld by the Board of Supervisors on appeal, the owner and/or violator shall be responsible for paying all of the County's administrative costs, abatement costs, and any administrative penalty that has been assessed, including, but not limited to those cost items set forth in the notice and order to abate required by Section 7.36.625(d). If the Board of Supervisors upholds the Administrative Law Judge's decision on appeal, the Board of Supervisors shall order the date that the stay on administrative penalties shall be lifted and administrative penalties shall again begin to accrue.

(e) The costs and penalties shall become a lien against the property as is authorized by the Government Code and the following Subsection:

The Board's final decision shall also order that if the Abatement Costs, Administrative Costs, and Administrative Penalties which are charged against the owner of a parcel of land pursuant to this Article are not paid within 30 days of the order, such costs shall be specially assessed against the property as provided by Government Code § 25845(d) and that an abatement lien will be recorded as is authorized by Government Code § 25845(e). The notice of abatement lien shall, at a minimum, identify the record owner or possessor of the property, set forth the date upon which abatement of the nuisance was ordered by the Board of Supervisors, describe the real property subject to the lien, set forth the amount of the abatement costs incurred to date and, if applicable, the date upon which the abatement was complete. If the abatement has not yet been completed, the notice shall so state and shall also indicate that the lien is a partial lien and that additional abatement costs will be incurred in the future.

(f) It is the intent of the Board of Supervisors that abatement costs incurred after the filing of the notice of abatement lien relate back to the date upon which the lien was recorded for purposes of priority; however, in order to preserve its rights, after all abatement costs have been incurred and the abatement is complete, the Director shall cause a supplemental notice of abatement lien to be recorded. The supplemental notice shall contain all of the information required for the original notice and shall also refer to the recordation date and the recorder's document number of the original notice.

(Prior Code, § 7.36.645; Ord. No. 1303)

Decisions of the Administrative Law Judge shall order abatement within a time certain. The order may be recorded by the Director. In the event of such recordation and in the further event that the violation is corrected, a notice of such correction shall be recorded. The Director is authorized to prepare and record a notice of correction. Correction of the violation shall not excuse the property owner's liability for costs incurred during the administrative abatement process, and any special assessment or lien for those costs shall remain in full force and effect until paid in full at which time a release shall be recorded by the County. The Director is authorized to execute such a release on behalf of the County.

(Prior Code, § 7.36.650; Ord. No. 1428)

(a) The Enforcement Official who abates a public nuisance pursuant to this Chapter shall keep an accounting of the cost of each abatement and shall prepare a report in writing showing the cost of abatement and the applicable cost of administration. The report shall specify:

(1) The work done;

(2) An itemized account of the costs of performing the work;

(3) The owner or occupier of the property, an address, and legal description or other description sufficient to identify the premises;

(4) The date upon which abatement of the nuisance was ordered by the Administrative Law Judge or upheld by the Board of Supervisors, whichever is later;

(5) The date the abatement was complete;

(6) The costs of administration;

(7) The administrative penalty, if any, which was imposed; and

(8) The total amount of the assessment proposed to be levied against the premises.

(b) If real property consisting of more than one parcel and under more than one ownership has been included in an overall abatement project, the accounting shall show such costs for the property owned by each owner separately. If any property included in an abatement is under joint ownership, then all owners of said property shall be jointly and severally responsible for all costs attributable to abatement of their property.

(Prior Code, § 7.36.655; Ord. No. 1303)

The Enforcement Official shall serve a copy of the accounting and a notice of the date and time that the Board of Supervisors will meet to consider the accounting, which date shall be not less than 15 calendar days after the date of serving the notice. The notice shall be served on the owner and/or violator responsible for payment. Service shall be by personal delivery or certified return receipt mail with postage prepaid addressed to the owner as such owner's name and address appears on the last equalized assessment roll or to such other address as the owner directs. If a violator is responsible for payment, the notice of the accounting hearing shall be served by certified return receipt mail, with postage prepaid, to the last known address of the violator. In addition, the notice of the accounting hearing shall be delivered by first class mail with postage prepaid to the same address(es). If the address of any such person is unknown to the Enforcement Official, then a copy shall be posted on the property. The Enforcement Official shall complete a proof of service.

(Prior Code, § 7.36.660; Ord. No. 1303)

At a time fixed by the Enforcement Official pursuant to Section 7.36.660 of this Chapter, the Board of Supervisors shall review the accounting. The owner and/or alleged violator may appear and be heard on the sole questions of whether the accounting and the costs included are accurate and reasonable.

(Prior Code, § 7.36.665; Ord. No. 1303)

The Board of Supervisors shall make such modifications in the accounting as it deems necessary based on the evidence at the hearing and thereafter shall confirm the accounting by written order. A copy of the written order shall be provided to the owner and/or violator, and to the Clerk of the Board of Supervisors. The determination of the Board of Supervisors as to all matters contained therein shall be final and conclusive.

(Prior Code, § 7.36.670; Ord. No. 1303)

Following the Board of Supervisor's determination pursuant to Section 7.36.670, the Enforcement Official shall prepare and submit a lien that complies with the Board of Supervisor's order to the County Recorder for recording in the Official Records of the County and to the County Auditor and County Treasurer.

(Prior Code, § 7.36.675; Ord. No. 1303)