Chapter 42
PUBLIC NUISANCE ABATEMENT
Sections:
42-1. Purpose.
42-2. Nuisance defined.
42-3. Authorized things not nuisances.
42-4. Enforcement officer.
42-5. Right of entry and inspection.
42-6. Investigation.
42-7. Hearing scheduling and notice.
42-8. Hearing – Determination – Abatement order.
42-9. Abatement.
42-10. Court appeal.
42-11. Costs – Certification – Interest.
42-12. Costs – Special assessment.
42-13. Other remedies unimpaired.
42-1 Purpose.
The board of supervisors has determined that it is necessary that a procedure be established for the abatement of public nuisances to protect the public welfare. (Ord. No. 619, (part).)
42-2 Nuisance defined.
Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin, or any public park, square, street or highway, is a nuisance.
A nuisance shall include, but not be limited to any of the following:
(a) Any violation of the Colusa County Code;
(b) Any accumulation of trash, refuse, waste, junk, debris, garbage, rubbish, fences, shrubs and related matter, which by reason of its character and location is unsightly and interferes with the reasonable enjoyment of property by neighbors, creates an unsafe condition, blocks sight distance or which detrimentally affects property value in the surrounding neighborhood or community, or which would materially hamper and interfere with the prevention or suppression of fire upon the premises or which may be detrimental to the health, safety and welfare of persons or property in the vicinity. (Ord. No. 619, (part).)
42-3 Authorized things not nuisances.
Nothing which is done or maintained under the express authority of a statute or ordinance can be deemed a nuisance. (Ord. No. 619, (part).)
42-4 Enforcement officer.
The enforcement officer is any county official, their deputies, assistants or their designees who are charged with the duty to enforce any ordinance, resolution, or technical codes adopted by ordinance or state law. In addition, the following officers are specifically designated: sheriff, building official, director of planning and building, public works director, agricultural commissioner, fire chief, county health officer, or their designees, and such other persons who may be appointed by the board of supervisors. (Ord. No. 619, (part).)
42-5 Right of entry and inspection.
The enforcement officer is authorized to enter, make an inspection, obtain an inspection warrant or such other available remedy provided by law to secure entry to such private property. Any person who interferes with the enforcement officer while making, or attempting to make, such inspection is guilty of a misdemeanor. (Ord. No. 619, (part).)
42-6 Investigation.
Whenever the enforcement officer becomes aware of a nuisance, he or she should immediately investigate the matter. After such investigation, if the enforcement officer deems that a nuisance does exist, he or she shall attempt to attain abatement of the nuisance voluntarily by the person or persons maintaining the nuisance. (Ord. No. 619, (part).)
42-7 Hearing scheduling and notice.
In the event a nuisance is not abated voluntarily, the enforcement officer shall so advise the board of supervisors. The board shall set a public hearing thereon, which public hearing will be advertised pursuant to Section 6061 of the Government Code, and by written notice to the person(s) maintaining the nuisance and to those complaining of the nuisance. In addition, notice of the hearing shall be posted at or near where the nuisance exists. Notice to the person(s) maintaining the nuisance shall be sufficient if sent to the person(s) who are owners of the property where the nuisance exists as shown by the latest equalized assessment roll. The county shall acquire jurisdiction to abate the condition at the person’s expense when notice has been served upon the person. (Ord. No. 619, (part).)
42-8 Hearing – Determination – Abatement order.
At the public hearing provided for in section 42-7, the board of supervisors shall hear evidence from the enforcement officer, any interested member of the public, and the person(s) allegedly maintaining the nuisance. At the hearing, the board of supervisors shall determine whether or not in fact a nuisance exists, and should the board of supervisors determine that a nuisance does exist, the board may order the abatement thereof. (Ord. No. 619, (part).)
42-9 Abatement.
When a nuisance is ordered abated, the nuisance must be abated within thirty days of the order of the board, unless the board grants additional time for the abatement. If, after a period of thirty days, or the extended time granted by the board, the nuisance is not abated, the enforcement officer shall enter upon the property in question and abate the nuisance. In abating the nuisance, the enforcement officer may utilize his or her own employees or may contract to have the work done. (Ord. No. 619, (part).)
42-10 Court appeal.
In the event the owners of the property on which the nuisance is maintained or the person(s) responsible for the nuisance wish to appeal the decision of the board, such an action must be brought in a court of competent jurisdiction within thirty days of the decision of the board. (Ord. No. 619, (part).)
42-11 Costs – Certification – Interest.
After the work is completed, the enforcement officer shall determine the total cost involved in the abatement, including the enforcement officer’s administrative overhead, and shall certify that amount to the county auditor. A copy of this certification shall be sent to the owners of the property on which the nuisance had been maintained.
The right to object to the amount of the cost shall be lost unless a written contest is filed with the clerk to the board of supervisors within fifteen working days from mailing of the certification. The board shall hear the contest within thirty days of the date the contest is filed with the board clerk or as soon as it is feasible. At such contest, the board shall hear from the enforcement officer, the county auditor and the complaining party(ies). The board’s decision on the matter shall be final. Interest will accrue at the rate of one-half percent per month if payment is not made within thirty days of certification unless appealed, and in such event, interest shall be waived until thirty days after the board’s decision. (Ord. No. 619, (part).)
42-12 Costs – Special assessment.
If the certified costs are not paid by the following September 1st, the county auditor shall be responsible for the levy of a special assessment against the parcel(s) on which the nuisance was abated. The assessment shall be collected at the same time and in the same manner as ordinary taxes 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 such special assessment. (Ord. No. 619, (part).)
42-13 Other remedies unimpaired.
The procedures set out in this chapter are not exclusive, and do not limit, prejudice or affect any other lawful remedy or procedure that the county may have under ordinance or state law. (Ord. No. 619, (part).)