Yuba County Municipal Code Art. 1 General Provisions

It is the intent of the Board of Supervisors of Yuba County in adopting this Chapter to provide a comprehensive method for the identification and abatement of public nuisances within the County of Yuba. The further purpose of this Chapter is to remove conditions of property hereinafter described and declared to be public nuisances which have a blighting influence on properties in the vicinity and/or are detrimental to the health, safety and/or welfare of residents of the County and particularly residents of the urbanized areas of and entry points into the County of Yuba. It is the further purpose of this Chapter to implement a program of enforcement of Yuba County's zoning, building, sanitation and other ordinances contained in this Code.

(Prior Code, § 7.36.110; Ord. No. 1303)

The provisions of this Chapter shall apply generally to all property throughout the unincorporated area of the County of Yuba wherein any of the conditions hereinafter specified are found to exist; provided, however, that when any condition which would constitute a violation of this Chapter is duly authorized under any applicable County, State or Federal law, it shall not be deemed to violate this Chapter.

(Prior Code, § 7.36.120; Ord. No. 1303)

The Director of the County Department that has been assigned responsibility for administration of code enforcement services in the County, and his or her designee, is hereby designated to enforce this Chapter. Whenever a public nuisance as defined herein exists anywhere within the unincorporated limits of the County of Yuba, the Director may allege such condition to be a public nuisance and may exercise such powers that may be necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter.

(Prior Code, § 7.36.130; Ord. No. 1303)

Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:

(1) Abatement costs or costs of abatement means the direct cost or expense to the County for removing, correcting, or otherwise abating any violation of this Chapter.

(2) Administrative costs or cost of administration means the cost to the County for performing the various administrative acts required under this Chapter with regard to the abatement of a public nuisance, including, without limitation, administrative overhead, salaries and expenses incurred by County officers, employees and contractors for performing services such as site inspections, investigations, summaries, reports, notices, telephone contacts and correspondence, and conducting hearings, as well as time expended by County staff in calculating the above expenses and preparing itemized invoices showing such expenses. Administrative Costs and Cost of Administration also include the cost of the Administrative Law Judge, the cost of time and expenses associated with bringing the matter to hearing, the costs associated with any appeals from the decisions of the Administrative Law Judge, the cost of judicially abating a violation, the cost of securing expert and other witnesses, and attorneys' fees.

(3) Affected department means any County department that has the responsibility to administer or enforce other provisions of this Code.

(4) Board means the Board of Supervisors of the County of Yuba.

(5) Code Enforcement Officer means any person employed by the County of Yuba and assigned to the position of Code Enforcement Officer.

(6) Code means the Yuba County Ordinance Code.

(7) Contiguous properties means any two parcels of real property which share a mutual boundary. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easements or railroad rights-of-way.

(8) County means the County of Yuba, acting by and through the Board of Supervisors or any County Department or Official.

(9) Day means calendar day.

(10) Director means the Director of the County Department that has been assigned responsibility for administration of Code Enforcement Services in the County and his or her designee.

(11) Enforcement Official means any officer, employee, or department head of the County or other public agency charged with the duty of enforcing County ordinances or laws of the State of California and specifically includes the Director and Code Enforcement Officers.

(12) Junk includes, but is not limited to, any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of Paris, rubber, terra cotta, wool, wood, cloth, canvas, organic matter, or other substance which is ready for destruction or has been collected or stored for salvage or conversion to some use.

(13) Occupied premises means any property which is used as, or supports, a residence on a permanent or intermittent basis. Such property may include, but is not limited to, any property which functions as a venue for any legal activity such as camping, picnicking, gardening or gatherings by, or with the permission of, its owner(s), and which shall also include outbuildings.

(14) Occupier and occupant means the person or persons occupying or otherwise in real or apparent charge and control of the premises affected.

(15) Owner means the person or persons in whom is vested the ownership of, dominion over, or title to real property.

(16) Premises means the real property of the alleged violator, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto, where any violation of any of the provisions of the Yuba County Ordinance Code has or is suspected to have occurred or is or is suspected to be occurring. The premises may include public property to which an alleged violator has access.

(17) Proof of service means a form which is prepared in compliance with Code of Civil Procedure Pt. 2, Title 14, Ch. 5 (Code of Civil Procedure § 1011 et seq.), on which an Enforcement Official or employee enters information specifying the method employed to convey documentation, information, orders or notices to a violator, alleged violator, or any other entity as required under this Chapter along with the date of such conveyance, and the signature of the individual effecting such conveyance.

(18) Real property includes all the surface or subsurface areas described in the most recently recorded deed or deeds relating to such property and all improvements on the real property.

(19) Violator means an adult owner, tenant, occupant, resident or other person having possession, control or any other ownership interest in or who has otherwise obtained access to a premises on which an offending condition exists, excluding persons having only a security interest in the premises or those persons who are exempted in Section 7.36.220(c) of this Chapter, who is/are determined to have violated or to be in violation of any of the provisions of the Yuba County Ordinance Code. There may be one or more violator(s) as to any particular premises.

(Prior Code, § 7.36.140; Ord. No. 1303)

Nothing contained in this Chapter shall be construed to impose a duty upon the County to take enforcement action or conduct hearings on behalf of any other public agency.

(Prior Code, § 7.36.160; Ord. No. 1303)

(a) The remedies provided in each Article of this Chapter are cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances. In addition, nothing herein contained shall be construed to prohibit the County, in its discretion, from pursuing any civil, criminal or administrative remedy deemed necessary or appropriate to gain compliance with the applicable provisions of this Code. The provisions of this Chapter are to be supplementary to all of the provisions of the Yuba County Ordinance Code, applicable State law and any law cognizable at common law or in equity. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the County of Yuba or any other governmental entity to enforce County ordinances, to abate any and all nuisances, or employ any remedy available at law or equity.

(b) Notwithstanding the foregoing, and in compliance with Section 7.36.820, an election must be made by the Enforcement Official, subject to the requirements of Section 7.36.820, at the inception of an enforcement action as to whether administrative penalties or criminal penalties shall be pursued with respect to any alleged violation.

(Prior Code, § 7.36.170; Ord. No. 1303)

Public disclosure of information tending to identify a complainant will have a chilling effect on the number of complaints made, will subject the complainants to direct contact by persons who wish to discourage complaints, and will result in a reduction in complaints that will impede the County in its ability to accomplish the purposes of this Chapter; therefore, the name and other identifying information obtained by an Enforcement Official in the administration of this Chapter shall remain confidential unless a court order has been obtained authorizing the release of such information.

(Prior Code, § 7.36.180; Ord. No. 1303)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.