General Enforcement action. When the Director determines that an activity is being performed in violation of this article, the Director may initiate an enforcement action using any processes set forth in the Yolo County Code and may seek the imposition of costs and civil penalties pursuant to the County Code. Nothing in this provision is intended to prevent alternate enforcement mechanisms, including but not limited to, health officer orders pursuant to California Health and Safety Code Section 101040.
Summary Abatement. Pursuant to the authority of Cal. Const., art. XI, Section 7; California Health and Safety Code Section 101040, California Government Code Section 25845, and the County Code, if the Director determines that a violation of this article has created an emergency condition which seriously endangers the public health or safety, the County may abate the condition within the unincorporated territory of the County. The costs shall be charged to the property owners(s) and the County may, at its option, recover the same in an administrative action as described below or a civil action. Such charges shall be in addition to any penalty for a violation of this article.
Pre-Abatement Notice. Unless emergency conditions preclude doing so, the Director shall issue a summary abatement notice and order with reasonable notice. The notice and order shall be mailed to the property owner(s) as listed on the last equalized tax roll. A summary of the notice and order shall be posted in a conspicuous location on the property to be abated at least ten (10) calendar days prior to the summary abatement action.
Appeal and Waiver. The property owner(s) or any person or entity having a legal interest in the property may submit a written appeal of the Director's order to the Health Officer or his or her designee no later than ten (10) calendar days from the date of mailing of the notice and order. The written appeal shall state the basis for the appeal. The Health Officer or his/her designee shall review the appeal and shall issue a written decision (the "decision") no later than ten (10) calendar days after receipt. The decision shall uphold, rescind or modify the determination of the notice and order. The Decision on the appeal shall be final. Failure to appeal within the time prescribed shall constitute a waiver of the right to contest the summary abatement.
Post Abatement Notice. After the summary abatement is completed, the Director shall serve the property owner(s) with a post abatement notice that sets forth: (a) the actions taken by the County; (b) the reasons for the actions; (c) a statement of the costs, expenses and attorney's fees, if any, of the abatement and notice of the County's intent to collect those costs; and (d) right to appeal the costs determination within ten (10) calendar days of the notice. If the property owner is responsible for any costs, expenses or attorney's fees, such costs shall become a lien against the property and a notice of abatement lien may be recorded.
Post Abatement Costs Appeal. If the property owner(s) or anyone with a legal interest in the property submits a timely costs appeal, the County shall schedule an administrative hearing on the matter and provide the appeal party with reasonable notice of the hearing. The hearing conducted shall be held before a Hearing Officer designated pursuant to the protocol set forth in that document entitled the "Yolo County Administrative Hearing Officer Program." The program is based upon an alphabetical rotation through attorneys currently under contract through the program. The hearing officer shall conduct an administrative hearing where each party shall have the opportunity to present evidence and the County shall have the obligation to establish that the costs, including expenses and attorney's fees, if any, incurred for the summary abatement were necessary by a preponderance of the evidence. After the hearing, the hearing officer shall issue a written decision and order that shall be served upon the appealing party within thirty (30) calendar days of the hearing unless extended by agreement of the parties.
(§ 2, Ord. 1531, eff. December 15, 2020)