This chapter shall be known and cited as the "Public Nuisance Abatement Procedure." It is enacted pursuant to Government Code Section 25845 and is intended to establish an administrative procedure for the abatement of a public nuisance resulting from a violation of any statute, regulation or ordinance the County enforces.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
State law reference(s)--Authority to enact, Gov. Code, § 25845.
The following definitions shall apply to this chapter:
(a) The "County Abatement Officer" means the County officer responsible for enforcement of the County ordinances being violated and who declares a violation to be a public nuisance.
(b) The "Clerk" means the Clerk of the Board of Supervisors.
(c) "Hearing officer" means a County Hearing Officer appointed pursuant to County Administrative Code sections 650 et seq.
Cross reference(s)--Definitions generally, § 12.101 et seq.
(a) Whenever this code or any other law the County enforces provides that violation of that law is a public nuisance, this chapter authorizes a County Abatement Officer to institute an administrative proceeding to abate the nuisance. The County's right to institute an administrative proceeding under this chapter is in addition to all other legal remedies the County has and does not limit the County's ability to avail itself of any other legal remedy. This chapter also does not limit the County's ability to summarily abate a public nuisance when necessary.
(b) Any time this chapter provides for a hearing, the hearing shall be held before a County Hearing Officer appointed pursuant to sections 650 et seq. of the County Administrative Code. The Clerk of the Board of Supervisors shall assign the matter to a hearing officer by selecting a hearing officer on a rotating basis from the list of appointed hearing officers.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) Notwithstanding the administrative procedures for abating a nuisance pursuant to this chapter, a County Abatement Officer may summarily abate a public nuisance if the officer determines the nuisance constitutes an immediate threat to public health and safety. If immediate action becomes necessary a County Abatement Officer may summarily abate a public nuisance even though the officer initiated an administrative proceeding under this chapter.
(b) If a County Abatement Officer summarily abates a public nuisance he may keep an account of the cost of abatement, including the County's administrative costs, and bill the property owner. If the bill is not paid within 15 days from the date the County mails the bill, the Abatement Officer may proceed as provided under sections 16.213 through 16.217 to obtain a special assessment and lien against the property. In cases of summary abatement, however, at the hearing to confirm the abatement costs under section 16.214, the hearing officer shall also determine whether a public nuisance existed.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
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