Chapter 1.14
NUISANCE ABATEMENT
Sections:
1.14.020 General nuisance abatement.
1.14.030 Summary nuisance abatement.
1.14.040 Abatement performed by County—When authorized.
1.14.050 Collection of abatement costs.
1.14.060 Service of orders or notices.
1.14.070 Rescheduling or continuing hearings.
1.14.080 Court action—Time limit.
Prior history: Ords. 1794, 2025, 2165 and 2250; prior code §§ 1.08.060(a), (f), (g) and (h).
1.14.010 Definitions.
For purposes of this chapter, the following terms or phrases carry the meaning set forth in this section:
(A) “Enforcing officer” means the County department head, or their designee, who has responsibility to enforce any provision of the Santa Cruz County Code.
(B) “Responsible person” means the individual or entity responsible for committing a violation of the County Code or allowing or maintaining such a violation. [Ord. 5328 § 3, 2020].
1.14.020 General nuisance abatement.
(A) Issuance of a General Abatement Order.
(1) Whenever an enforcing officer determines that a nuisance exists as a result of a violation of any of the provisions of this code, they may issue a written order requiring that the conditions constituting the nuisance be abated within a period of 10 days thereafter. The enforcing officer shall serve the order on the responsible person maintaining such conditions, or the person occupying any premises on which the conditions are found to exist. If no person is occupying the premises, the order shall be posted upon the premises in a conspicuous place, and a copy shall be mailed to the owners of the premises as their names and addresses appear upon the last equalized assessment roll.
(2) An order for abatement shall continue in full force and effect until modified or rescinded by the enforcing officer, or until the order is modified, vacated or superseded by order of the County’s Hearing Officer, after hearing, as provided in this chapter. The time specified in the order may be extended for good cause by written order of the enforcing officer. The order shall advise the person served of their right to appeal the order as set forth below, and that the order will be stayed pending such appeal. The order for abatement shall also identify the Hearing Officer designated to conduct any appeal hearing and advise the recipient(s) of the notice of their right to submit within 10 business days of the date of the order for abatement a writing rejecting the designated Hearing Officer.
(B) Appeal of a General Abatement Order.
(1) Any person ordered to abate a nuisance pursuant to this section may, within 10 days after receipt of the written order, file an appeal with the enforcing officer issuing the order, who shall in turn convey it to the Hearing Officer. The appeal shall be in writing and accompanied by the filing fee established by resolution of the Board of Supervisors, and it shall specify the grounds upon which the appeal is taken.
(2) Upon receipt of the appeal, the Hearing Officer shall set the matter for hearing not less than 10 nor more than 60 days after the date the appeal was received by the Hearing Officer. The filing of such an appeal shall stay the effect of the order for abatement until the Hearing Officer hears the appeal and issues an order modifying, vacating or affirming the order for abatement. Written notice of the time and place of hearing shall be given to the appellant at least five days prior to the date set for the hearing.
(3) Hearing officers shall be licensed attorneys of the State Bar of California in good standing. Hearing Officers shall disqualify themselves from serving as Hearing Officers in any particular matter where they have a conflict of interest within the meaning of the Political Reform Act (Government Code Sections 87100 et seq.), and shall otherwise comply with the disqualification provisions of Canon 3.E. of the Code of Judicial Ethics. In the event of such a disqualification, a new Hearing Officer shall be randomly selected from the panel of alternate Hearing Officers established by the Board of Supervisors. Each party shall only have the right to disqualify one Hearing Officer for a particular matter.
(4) In any proceeding before a Hearing Officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the Hearing Officer, their clerk, or other designee have the power to administer oaths and affirmations and to certify to official acts. Oaths of witnesses may be given individually or to a group. Witnesses shall be asked to raise their right hands and to swear or affirm that the testimony they shall give will be the truth, the whole truth, and nothing but the truth. [Ord. 5328 § 3, 2020; Ord. 4695 § 5, 2002; Ord. 4330 § 1, 1994].
1.14.030 Summary nuisance abatement.
(A) Issuance of a Summary Abatement Order.
(1) Whenever an enforcing officer determines that a nuisance exists as a result of a violation of any provision which poses an immediate threat to the public health or safety, the enforcing officer may order the summary abatement of the nuisance in accordance with this section. Upon determining that there is such a nuisance condition posing an immediate threat to the public health or safety, the enforcing officer may issue a written order requiring that the condition be abated within 48 consecutive hours from the time the responsible person is personally served with a written order to abate such condition. If the responsible person is not the owner of the property at issue, the enforcing officer shall also give oral or written notification of the abatement order to the owner of the property as soon as possible.
(2) An order to abate a nuisance condition pursuant to this section shall continue in full force and effect until rescinded by the enforcing officer or vacated or superseded by an order of the County Hearing Officer made after an administrative hearing. The order to abate shall advise the responsible person of their right to file an appeal to the Hearing Officer as provided in this section.
(3) Whenever an order to abate a nuisance condition is to be issued by an enforcing officer pursuant to this section, the enforcing officer shall contact the Hearing Officer to obtain a time for a hearing in the event a timely appeal is filed, and shall thereafter transmit to the Hearing Officer a copy of the order and the enforcing officer’s written report concerning the condition. The hearing shall be scheduled to be held within 12 business hours after the expiration of the period for appeal provided by this section; the hearing shall be held as scheduled if an appeal is filed and canceled if an appeal is not filed. The order to abate a nuisance condition shall advise the responsible person of their right to appeal, shall notify the responsible person of the time and place of the appeal hearing if an appeal is filed and of the responsible person’s right to be present, and to present evidence to the Hearing Officer.
(B) Appeal of a Summary Abatement Order.
(1) A responsible person served with a summary abatement order may appeal to the County’s Hearing Officer within 48 consecutive hours after personal service of the order of abatement. If the 48-hour period expires on a day when County offices are closed, the time within which to file an appeal shall be extended until 5:00 p.m. of the next day County offices are open. The right of appeal may be exercised by notifying the enforcing officer who issued the abatement order, either verbally or in writing, that a hearing is desired. An appeal shall stay the effect of the abatement order until the Hearing Officer hears and decides the appeal, but the stay of the abatement order shall not relieve any person from any other civil or criminal liability and responsibility for maintaining a nuisance or for violation of this code.
(2) If an appeal is filed, the Hearing Officer shall convene an administrative hearing pursuant to the notice given by the enforcing officer. The Hearing Officer shall review the evidence presented by the enforcing officer, and any evidence presented by the appellant, and shall thereafter affirm, modify or vacate the order. [Ord. 5328 § 3, 2020; Ord. 4330 § 1, 1994. Formerly 1.14.025].
1.14.040 Abatement performed by County—When authorized.
In the event that a nuisance is not abated in accordance with the enforcing officer’s order of abatement or the order of the Hearing Officer, if any, the enforcing officer may proceed to abate the nuisance by force account, contract, or any other method deemed most expedient by the enforcing officer, subject to such budgetary controls as established by the Board of Supervisors. [Ord. 5328 § 3, 2020; Ord. 4330 § 1, 1994. Formerly 1.14.030].
1.14.050 Collection of abatement costs.
(A) Filing of Report. When an abatement is completed, the enforcing officer shall prepare and file with the Hearing Officer a report specifying the work done, the total abatement costs, a description of the real property upon which the nuisance is or was located, and the names and addresses of the record owner, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. “Total abatement costs” includes, but is not limited to, an itemized list of the categories of costs associated with the abatement, including the administrative and enforcement costs incurred by the County, and attorneys’ fees, if applicable. Attorneys’ fees may be recovered if the County elects, at the initiation of the action or proceeding, to seek recovery of its own attorneys’ fees. If the County so elects, attorneys’ fees will be recovered by the prevailing party. In no action or proceeding shall an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.
(B) Hearing on Report and Assessment of Costs.
(1) The Hearing Officer shall hold a hearing on the report, and any protest or objections thereto. Notice of the hearing shall be given to the responsible person and persons with a legal interest in the property at issue at least 10 days prior to the date set for the hearing. The Hearing Officer shall determine at the conclusion of the hearing the proper charge, if any, assessed for the work. The Hearing Officer shall determine whether any enforcement cost and cost for abatement work are to be made a special assessment against the property on which the violation(s) occurred and collected on the secured tax roll or are to be the personal obligation of the responsible person and collected on the unsecured tax roll. Civil penalties, if any, may not be made a special assessment and collected on the secured tax roll.
(2) The Hearing Officer shall submit the decision to the Clerk of the Board of Supervisors. If the costs are not paid within 21 days of the decision by the Hearing Officer, and if a special assessment is assessed against the property at issue, the enforcing officer shall cause to be recorded with the County Recorder a notice of special assessment lien. Upon recordation of a notice of special assessment lien, the assessment lien shall be attached to the property. Each such assessment lien shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for State, County and municipal taxes with which it shall be upon parity. The lien shall continue until the amount of the lien and all interest and penalties due and payable thereon are paid. Such assessment shall be collected at the same time and in the same manner as County taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment. In the event the costs of abatement exceed the value of the property to which the assessment lien attached, such excess costs shall be the personal obligation of the owner of the property. [Ord. 5328 § 3, 2020; Ord. 5147 § 2, 2013; Ord. 4466 § 1, 1997; Ord. 4447 § 1, 1997; Ord. 4330 § 1, 1994].
1.14.060 Service of orders or notices.
Except as provided in SCCC 1.14.030 for summary nuisance abatements, each notice or order to be given or made under this chapter shall be served upon the responsible person occupying the premises upon which the nuisance exists, or, if no person occupies the premises, the notice or order shall be posted upon the premises in a conspicuous place, and, in addition, a copy of the notice or order shall be served on the property owner of the premises. Service of each notice or order shall be made upon all persons entitled thereto, either personally or by mailing a copy of the notice or order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the County, or as known to the enforcing officer. If no address of any such person appears or is known to the enforcing officer, then a copy of the notice or order shall be mailed, addressed to the responsible person at the address of the premises. The failure of any such person to receive a notice or order shall not affect the validity of any proceeding taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the date of the mailing. [Ord. 5328 § 3, 2020; Ord. 4330 § 1, 1994].
1.14.070 Rescheduling or continuing hearings.
The Hearing Officer may reschedule or continue any proceeding under this chapter if necessary to ensure that the parties are afforded due process. [Ord. 5328 § 3, 2020; Ord. 4330 § 1, 1994].
1.14.080 Court action—Time limit.
With the exception of an action filed under Government Code Section 53069.4, which is subject to a shorter time period, any court action or proceeding to attack, review, set aside, void or annul any decision made by the Hearing Officer under this chapter, or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, shall not be maintained by any person unless such action or proceeding is commenced within the time period set forth in SCCC 1.04.170. Thereafter, all persons are barred from maintaining any such action or proceeding or asserting any defense of invalidity or unreasonableness of the Hearing Officer’s decision, proceedings, acts or determination. [Ord. 5328 § 3, 2020; Ord. 4330 § 1, 1994; Ord. 4251 § 1, 1993].