(A) Notice to abate. Whenever the Enforcing Officer determines that any property within the county is being maintained contrary to the provisions of a county ordinance and constitutes a public nuisance, he or she may mail a written notice to the owner of the property and to any person known to the Enforcing Officer or the Board of Supervisors to be in possession of the property. The notice shall state the conditions which constitute the public nuisance and shall direct that the person abate the conditions or appear before the Board of Supervisors at a stated time and place and show cause why the conditions should not be abated by the county at the person's expense.
(B) Manner of giving notice. Service of the notice to abate shall be made personally or by depositing a true copy thereof in the U.S. Mail, postage prepaid, addressed to the owner and/or occupier of the subject property at their last known address. Service is deemed complete at the time of such deposit. The failure of any owner or occupier to receive such notice shall not affect in any manner the validity of the proceedings hereunder.
(C) Hearing. At the time fixed in the notice, the Board of Supervisors shall hear and consider all relevant evidence from the owner and/or occupier of the subject property, county personnel, and other interested persons relative to the alleged public nuisance and to the abatement thereof. If the Board of Supervisors finds that such public nuisance does exist and that there is sufficient cause to abate the same, it may, by resolution, direct that the nuisance be abated by the county at the expense of the owner and/or occupier, the expense to be specially assessed against the parcel, and a lien imposed, in the event of nonpayment by the owner or occupier.
(D) Abatement by county. In all cases where the Enforcing Officer or Board of Supervisors has determined to proceed with abatement, then on the day following the date fixed for the hearing, the county shall acquire jurisdiction to abate such conditions at the expense of the owner and/or occupier.
(E) Costs of abatement. The Enforcing Officer shall keep an itemized account of all expenses incurred by the county in abating the nuisance. The Enforcing Officer shall mail a statement of the expenses to the owner and/or occupier of the property with a demand for payment within five days. If payment is not received by the conclusion of the fifth day, the county shall conspicuously post on the affected property and shall also mail to the owner and/or occupier of the property a statement showing the expenses of abatement, together with a notice of the time and place when the statement will be submitted to the Board of Supervisors for approval and confirmation and at which time the Board of Supervisors shall consider objections or protestations to the costs of abatement.
(F) Hearing on statement of expenses. At the time fixed for the hearing on the statement of expenses, the Board of Supervisors shall consider the statement and protests or objections raised by the owner or occupier. The Board of Supervisors may revise, correct or modify the statement as it considers just and thereafter shall confirm the statement by motion or resolution.
(G) Special assessment. In the event the owner or occupier of the subject property does not pay the expenses of abatement within ten days after the Board of Supervisors confirms the costs of abatement, the costs shall become a special assessment against the property. The assessment may 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 same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to the special assessment.
(H) Notice of abatement lien. At the time the expenses of abatement become a special assessment against the property, the county shall record a notice of abatement lien with the County Recorder as is authorized by the Government Code and this section. A notice of abatement lien shall be filed which states the identity of the record owner or possessor of the property, the date upon which the abatement of the nuisance was ordered, a description of the real property subject to the lien, 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. 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; provided that, after all abatement costs have been incurred and the abatement is complete, the Enforcing Officer, or his or her designee, shall cause a final notice of abatement lien to be recorded. The supplemental notice shall contain all the information required for the original notice and shall also refer to the recordation date and recorder's document number of the original notice.
(I) Summary abatement of immediate dangers. Whenever any condition on or use of property constitutes an immediate threat to public health or safety, the County Administrative Officer or the Board of Supervisors shall have the authority to summarily abate the nuisance, without notice to the owner or persons known to be in possession of the parcel. The expenses of such abatement shall be assessed against the property as provided herein.
(1966 Code, § 19-5) (Ord. 567, § 1(part); Ord. 882, §§ 2-5)