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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER III. NUISANCE ABATEMENT

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
NUISANCE ABATEMENT

Sec. A1-33. Purpose.

This chapter defines the situations that constitute a public nuisance and sets forth a process for addressing public nuisances.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-34. Public nuisance defined.

Any of the following are deemed unlawful and a public nuisance and a violation of this Code:

(a) Any condition, act, or omission declared by any statute of the State of California or any provision of this Code to be a public nuisance.

(b) Any public nuisance known or recognized in common law or equity.

(d) Any use or condition of property that (1) poses a danger to human life or (2) is unsafe or detrimental to the public health, safety, or welfare.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-35. Nuisance abatement authority.

(a) Those who are authorized to enforce this chapter and to abate any public nuisance on behalf of the County include (i) any County official, employee, agency or department identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation the violation of which has caused or contributed to the public nuisance on the property, (ii) the Office of the County Counsel, and (iii) the Office of the District Attorney.

(b) Upon discovering a public nuisance, any County official, employee, agency or department who is identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation the violation of which has caused or contributed to the public nuisance may do one or more of the following:

(1) Take any reasonable steps to abate the nuisance including, but not limited to, removing, repairing or restoring any land, building, structure, use or condition that constitutes a public nuisance. Summary abatement of the nuisance is authorized in accordance with Section A1-40; otherwise, abatement may not be undertaken until the property owner and any persons known to the County to be in possession of the land are provided with notice and an opportunity to be heard in compliance with Government Code Section 25845 and this chapter.

(2) Seek relief from any court to abate the nuisance through the Office of the County Counsel or Office of the District Attorney.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-36. Notice of public nuisance.

(a) Whenever a public nuisance exists upon any property, a written notice of public nuisance will be provided to the record owner of the property and anyone known to the County to be in possession of the property. Notice will be provided by posting a notice on the property and by mail at the address shown on the latest assessment roll or at any other address of the owner known to the County official providing notice.

(b) The notice will state that, within 20 days of the date of the notice, the property owner or possessor may request a meeting with the County official designated in the notice to present evidence that the public nuisance does not exist. The meeting shall take place within 45 days from the date of the notice.

(c) At the meeting with the designated County official, the property owner or possessor may present evidence demonstrating why a public nuisance does not exist. After the meeting, the official will notify the property owner or possessor in writing of the official's determination regarding whether a public nuisance exists on the property.

(d) If a notice of public nuisance has been issued and either a meeting is not timely requested or the designated County official determines after considering the evidence presented at the meeting that a public nuisance exists, a hearing regarding abatement of the public nuisance may be scheduled before the Board of Supervisors.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-37. Abatement hearing and order.

(a) The record owner of the property and anyone known by the County to be in possession of the property will be notified in writing of the date, time and location of the abatement hearing before the Board of Supervisors at least ten days before the hearing date.

(b) At the abatement hearing, the property owner or possessor may submit evidence to show why there is no public nuisance on the property.

(c) If the Board of Supervisors determines that a public nuisance exists on the property, it may order the property owner or possessor to abate the nuisance by a particular date. Failure to abate a public nuisance by the date indicated in the abatement order constitutes a violation of this chapter.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-38. Enforcement.

(a) If a public nuisance is not abated by the date indicated in the abatement order issued by the Board of Supervisors, the County is authorized to do any or all of the following:

(1) Abate the nuisance.

(2) Hire a third party to abate the nuisance.

(3) Record a notice with the County Clerk-Recorder stating that a public nuisance exists on the property.

(4) Seek a court order through the Office of the County Counsel or Office of the District Attorney requiring the property owner or possessor to abate the public nuisance.

(b) County employees and officials may enter onto private or public property for purposes of implementing this chapter, including but not limited to inspecting the property and abating the public nuisance. Where the County has contracted with a third party, the third party is authorized to enter onto private or public property to carry out the purposes of this chapter, including but not limited to inspecting the property and abating the public nuisance.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-39. Notice of expungement.

Upon sufficient proof to the County official designated in the notice given pursuant to section A1-36 that the public nuisance has been abated on a property, any affected property owner or possessor may request that the recorded notice of public nuisance be expunged. If the County official determines that the public nuisance has been abated, the official will cause a notice of expungement to be recorded with the County Clerk-Recorder upon full payment of all applicable fees established by the Board of Supervisors.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-40. Summary abatement.

Summary abatement of a public nuisance is authorized, and the procedural requirements in Sections A1-36 and A1-37 do not apply, where the County Executive or any person with written authorization from the County Executive to order summary abatement pursuant to this section determines that the nuisance constitutes an immediate threat to public health or safety. This includes situations where the determination of immediate threat is made after the procedures in sections A1-36 and A1-37 have begun.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-41. Abatement cost recovery.

(a) Any owner of property upon which a public nuisance is determined to exist pursuant to this chapter is responsible for reimbursing the County for all abatement costs incurred in relation to the nuisance, including administrative costs, inspection costs, staff costs, contractor costs, attorneys' fees, and all costs associated with physically abating a public nuisance on or in connection with the property. This reimbursement requirement applies whether the abatement is conducted pursuant to the administrative abatement process in this chapter, the summary abatement process in this chapter, or by a civil action.

(b) To the extent required by Government Code Section 25845, a prevailing property owner may recover attorneys' fees in an amount not exceeding the attorneys' fees incurred by the County in the action or proceeding.

(c) Failure to reimburse the County for all of its abatement costs within 30 days of a demand for reimbursement by the County constitutes a violation of this chapter. If any property owner fails to reimburse the County for all abatement costs within this time period, the Board of Supervisors may order the full abatement cost to be specially assessed against the property in accordance with Government Code Section 25845.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-42. Civil actions and penalties.

(a) In addition to any other remedies provided in this chapter or any other law, ordinance or regulation, and regardless of whether the administrative abatement process in this chapter has occurred, the Office of the County Counsel or Office of the District Attorney may bring a civil action against any person who has violated or is violating any provision of this chapter, including but not limited to any person who has caused or contributed to a public nuisance, any person who fails to comply with an order to abate issued by the Board of Supervisors pursuant to Section A1-37(c), or any person upon whose property a public nuisance is abated through the summary abatement process. Any person determined by a court to have violated this chapter may be subject to civil penalties provided in this section and any other relief ordered by the court.

(b) In addition to any injunctive or equitable relief that the court in its discretion deems warranted, the civil penalties assessed shall be as follows:

(1) A first violation of this chapter shall be punishable by a civil penalty not exceeding $2,500.00 per day or portion of a day during which the public nuisance exists.

(2) A second violation of this chapter within five years shall be punishable by a fine not exceeding $5,000.00 per day or portion of a day during which the public nuisance exists.

(c) If the civil penalties assessed are not sufficient to provide full restitution to the County for its abatement costs as defined in section A1-41 and Government Code Section 25845, the court shall award an additional amount to the County to provide full restitution. Any civil penalties assessed pursuant to this section and any additional amount awarded to the County for restitution shall be paid to the County Treasurer/Controller.

(d) The court may also require the property owner to reimburse any other persons, entities or public agencies for any damages sustained or costs incurred as a result of the public nuisance, including but not limited to attorneys' fees.

(e) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition that may be abated pursuant to this chapter, the court may order the owner to pay treble the abatement costs. This treble damages provision does not apply to conditions abated pursuant to Health and Safety Code Section 17980.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-43. No civil liability for enforcement.

There shall be no civil liability on the part of, and no cause of action shall arise against, any County official, employee, department, agency, investigator, consultant, contractor or agent acting pursuant to this section and within the scope of his or her authority.

(Ord. No. NS-300.735, § 1, 10-19-04)

Sec. A1-44. Preservation of remedies.

Nothing in this chapter is intended to limit or void any rights, remedies or authority of the County or any County official, employee, department, agency, investigator, consultant, contractor or agent of the County provided by any other law, ordinance, or regulation.

(Ord. No. NS-300.735, § 1, 10-19-04)