(A) Notice of pending nuisance abatement proceeding.
(1) Upon issuance of a notice to abate, the enforcing officer may record a notice of pending nuisance abatement proceeding with the San Benito County Recorder and shall notify the responsible parties of such action. A notice of pending nuisance abatement proceeding shall describe the premises and the condition in violation of this chapter.
(2) If a notice of pending nuisance abatement proceeding is recorded, the enforcing officer shall serve and record a notice of final disposition when the nuisance abatement proceeding has been completed, including any appeals and the completion of any work necessary to abate the nuisance.
(B) Notice of final disposition. If the work to abate the nuisance is performed at county expense, the notice of final disposition need not be issued until those costs have been paid or a lien for those costs has been recorded in accordance with §§ 1.06.140 and 1.06.150. A fee shall be paid by the responsible parties for processing the notice of final disposition. The notice of final disposition shall be served upon any party that was served with the notice and order.
(C) Notice of non-compliance.
(1) The enforcing officer may record a notice of non-compliance with the San Benito County Recorder on the property which is the subject of a notice under this chapter if:
(a) The time limit for abatement expires and abatement has not occurred;
(b) A use or activity continues after issuance of a stop work notice; or
(c) If a hearing is held, after the county hearing officer has determined responsibility.
(2) The notice of non-compliance filed with the San Benito County Recorder shall include a copy of the applicable notice as an attachment.
(D) Notice of compliance.
(1) Upon completion of all work to abate a nuisance, including securing of permits where required, and payment of all abatement costs and/or administrative penalties imposed pursuant to this chapter, the enforcing officer may record a notice of compliance with the San Benito County Recorder and shall notify the owner(s) of such action.
(E) Notice of pendency.
(1) Whenever the county institutes a judicial action or proceeding to enforce a land use ordinance, a notice of pendency of the action or proceeding may be filed with the County Recorder's Office. The notice of pendency may be filed at the time of the commencement of the action or proceeding and upon recordation of the notice of pendency, shall have the same effect as a notice recorded in compliance with the Cal. Code of Civil Procedure, §§ 405.20 et seq., as amended.
(2) Upon motion of a party to the judicial action or proceeding, the notice of pendency may be vacated upon an appropriate showing of need therefore by an order of a judge of the court in which the action or proceeding is pending.
(Ord. 960, § 1, 2017; Ord. 1,029, § 2(part), 2021)