(a) Inspection and issuance of written order. If an Enforcement Officer, after investigation, determines that one or more violations of the County Code exist on real property within the jurisdiction of the County, as defined in § 11.0203(a), the County may cause to be served a written order upon each responsible party.
(b) Contents of written order. The written order shall be issued on a form containing at least the following information:
(1) The name and mailing address of the responsible party.
(2) The date of the property inspection.
(3) The manner in which the conditions on the property or behavior violate the County Code, or any state or federal code the County is authorized to administratively enforce, and the specific provision that has been violated.
(4) The corrective actions required to abate the violation(s).
(5) A declaration that the violations are a public nuisance (hereinafter "nuisance conditions").
(6) An order stating that the responsible party shall abate the nuisance conditions listed in the written order within a reasonable time determined by the issuing officer in light of the circumstances. If the nuisance condition is a violation that poses an immediate threat to health or safety or relates to a violation(s) of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements that are the result of, or to facilitate cannabis cultivation, the written order may provide for an immediate correction deadline for that violation.
(7) A statement that failure to bring the property into compliance with the County Code could subject the responsible party to any or all of the following actions: administrative fines and penalties; County initiated abatement or summary abatement; civil prosecution and penalties; criminal prosecution, including fines and/or imprisonment; and/or the imposition of a lien and/or special tax assessment against the property for abatement costs related to enforcement of the written order, including administrative citations issued for failure to comply with a written order to the extent provided by law.
(8) Identification of all appeal rights and instructions on how to appeal the written order, including instructions regarding the advance deposit hardship waiver.
(9) A statement that failure on the part of the recipient to appeal the written order shall constitute a waiver of the recipient's right to contest the written order and will constitute a failure of the recipient to exhaust his administrative remedies.
(10) Reference to § 11.0208(f)(5)(D)(IV) describing the evidence permitted at the administrative hearing and considered by the hearing officer in reaching a decision on appeal.
(11) A statement that "lessors cannot retaliate against a lessee pursuant to § 1942.5 of the Civil Code.
(12) The name, address, and telephone number of the County staff member the responsible party may contact with questions regarding the written order.
The failure of the written order to set forth all required contents shall not affect the validity of the proceedings.
(c) Service of the written order. Service of the written order shall be served as follows:
(1) By U.S. mail, addressed to the owner or the owner's agent, at the address shown on the current assessment roll and addressed to any other person known to be in possession of the property at the street address of the property where the nuisance exists; and
(2) By posting the written order conspicuously in front of the property on which, or in front of which, the nuisance exists, or if the property has no frontage, at a conspicuous location on a roadway closest to the property most likely to give actual notice to the owner and persons in possession of the property.
(d) Right to abate nuisance conditions by responsible party. Any responsible party shall have the right to have the property rehabilitated or to have the listed nuisance conditions abated in accordance with the written order, at his or her own expense, provided the same is done prior to the expiration of the abatement period set forth in the written order. Upon such abatement in full, abatement proceedings under this Chapter shall terminate. Nothing in this section is intended to excuse an owner/landlord from compliance with California landlord-tenant laws. Additionally, nothing in this section is intended to require an owner/landlord to breach any written agreement with a tenant in possession of the property.
(e) Appeal of the written order. The right to and the procedure of any appeal of a written order shall be the same as the right and procedures of an appeal of an administrative citation located at §§ 11.0208
(f) et seq., with the exception of those provisions specifically set forth below.
(1) Notwithstanding § 11.0208(g), when conducting a hearing requested by a responsible party, including the property owner, to contest a written order, the hearing officer shall determine whether the enforcement officer has demonstrated there is substantial evidence of a public nuisance and whether additional action is necessary to abate the public nuisance. At the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law. The hearing officer's decision shall uphold or overrule, in whole or in part, the Enforcement Officer's determination that a public nuisance exists and whether additional action is necessary to prevent recurrence of the public nuisance. If the hearing officer determines the written order shall be enforced, the hearing officer shall determine a reasonable time for compliance and the decision shall specify a date by which the responsible party shall comply. The hearing officer shall file the decision with the Clerk of the Board of Supervisors within seven days of the conclusion of the hearing. The hearing officer's decision shall be final when it is filed with the Clerk of the Board of Supervisors. The Clerk of the Board of Supervisors shall send the decision to the appellant by U.S. mail and provide a copy to the relevant department. The judicial review provisions in § 11.0208(h) shall not apply to the appeal of a written order.
(Ord. 4424, passed - -2021)