Any person, whether acting as a principal, agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator or contractor, or otherwise, violating any provision of the County Code or the rules, regulations, orders, permits or conditions of approval issued thereunder, shall be liable to the County for all costs of abatement incurred by the County, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement of the nuisance, and any damages suffered by the County, its agents or agencies, as a result of such violations. In accordance with Government Code § 25845(b), administrative and abatement costs incurred by the County for abating a nuisance or public nuisance under this chapter shall be collected in the following manner:
(a) Account of expense, filing of report. An itemized account shall be kept of the expenses incurred by the County in the abatement, restraint, or prevention of any nuisances or public nuisances. Upon the completion of the abatement or the work associated with the prevention or restraint of the violations of the County Code, the appropriate County staff member shall prepare a report specifying the work done, with itemized and total costs of the work, and description of the real property upon which the nuisances or public nuisances is or was located.
(b) Invoicing and notice. Except in cases of extreme financial hardship and upon advice of County Counsel, the responsible County department shall seek to recover all costs incurred by the County referenced in subsection (a) from the responsible party. To do this an invoice shall be mailed as set forth in § 11.0205(c). In addition to stating the amount owed to the County by the responsible party, the invoice shall state that if the invoice is not paid by the responsible party that the County may order the amount of the invoice to be placed as a special assessment against the parcel and/or cause a notice of lien to be filed against the parcel. The invoice shall also advise the responsible party of their right to appeal the invoice or the amount of the invoice. If the responsible party does not request an appeal, or fails the appeal, and the invoice is not paid within the time set forth by the notice, the responsible County department may seek approval of the special assessment from the Board of Supervisors as a consent calendar item which shall also be recorded on title as a notice of abatement lien.
(c) Appeal of the invoice/notice of cost assessment. Any appeal of the County's invoice or notice of cost assessment shall comply with the procedures listed in §§ 11.0205(e)(1) and 11.0208(f). If the appeal of the invoice/notice of cost assessment concerns abatement costs for summary abatements initiated pursuant to § 11.0210, and the appealing party so requests in the notice of appeal, then the hearing officer shall also determine whether the public nuisance actually existed at the time of abatement.
(d) Resolution and assessment. If in an appeal the hearing officer determines that the property should be assessed, and the amount to be assessed has not been paid within 20 days of the date the decision is mailed to the appellant, the County shall cause the same to be recorded on the assessment roll. The assessment shall be collected at the same time and in the same manner as ordinary taxes within the San Bernardino County are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to the special assessment. Notices or instruments relating to the abatement proceeding or special assessment may be recorded with the County Recorder.
(Ord. 4424, passed - -2021)