CHAPTER 10
ABATEMENT OF PUBLIC NUISANCES
10-13 Administrative order to abate
10-14 Failure to comply with order to abate
10-17 Formal enforcement – Notice of proposed penalties and order to abate
10-18 Service of notice and/or order
10-20 Right to hearing – Procedure
10-22 Conduct of hearing – Evidence
10-23 Hearing officer’s decision and order
10-25 Collection of penalties – Penalty lien
10-27 Fees for enforcement costs – Ability to record lien
10-28 Costs as special assessment and lien – Hearing and recording
10-10 Findings and purpose
Under the authority granted in Government Code Section 25845, the board of supervisors enacts this chapter to facilitate abatement of public nuisances and enforcement of county ordinances in order to protect public health, safety and welfare; and to establish an administrative process to ensure the due process rights of alleged violators and affected property owners. The intent is to supplement the remedies available to the county.
(Ord. No. 1818, §1)
10-11 Definitions
(a) “Correction period” means a period of time, not less than fifteen (15) calendar days, specified in the notice of proposed penalties within which the respondent may correct a violation that does not create an immediate danger to health or safety and thereby avoid administrative imposition of penalties for that violation.
(b) “County” means the County of Solano.
(c) “Enforcement officer” means the director of the department of resource management or his designee.
(d) “Nuisance” means a public nuisance under state law or otherwise provided in the Solano County Code.
(e) “Person” means any natural person, firm, association, club, organization, corporation, partnership, business trust, company or other entity allowed under the laws of the state of California to have an interest in real property.
(f) “Respondent” means a person to whom any notice of violation, notice of proposed penalties or an order to abate or combined notice of proposed penalties and order to abate has been issued.
(g) “Violation” means a violation of Solano County Code.
(Ord. No. 1818, §1)
10-12 Public nuisance
Any violation of the Solano County Code is declared to be a public nuisance. Also, a public nuisance is any condition that constitutes a nuisance as defined in Sections 3479 and 3480 of the Civil Code.
(Ord. No. 1818, §1)
10-13 Administrative order to abate
In accordance with the procedures set forth in this chapter, an enforcement officer or hearing officer may order any person who causes, permits or maintains or threatens to cause, permit or maintain a nuisance, to abate the nuisance.
(Ord. No. 1818, §1)
10-14 Failure to comply with order to abate
It is unlawful to fail to comply with an order to abate a nuisance issued pursuant to this chapter. Each day such noncompliance continues is a separate violation.
(Ord. No. 1818, §1)
10-15 Enforcement process
(a) Alleged violations of Chapter 2.2, Agricultural Lands and Operations, shall initially undergo the agricultural grievance process as set out in Chapter 2.2.
(b) Alleged violations of Chapter 28, Zoning Regulations, shall initially undergo the administrative process as set out in Chapter 28.
(c) Violations of other chapters of the Solano County Code shall initially follow the informal enforcement process as described below.
(Ord. No. 1818, §1)
10-16 Informal enforcement
(a) Warning Notice. If the enforcement officer has reason to believe that a violation has occurred or is occurring, the enforcement officer may issue a warning notice to the property owner and any lessee, resident, or other potentially liable person. The warning notice shall describe the conditions deemed to cause the violation, cite to the applicable County Code section(s), and set a date by which time the violation shall be corrected.
(b) Notice of Violation. If the enforcement officer receives no response to the warning notice, and/or determines that a violation is occurring, the enforcement officer may issue a notice of violation. The notice of violation should include the information in subsection (a) of this section, and give the respondent the opportunity to meet informally with the director of resource management or designee to discuss questions and/or disputes regarding the notice. If no meeting is requested within ten (10) days, or the meeting results in no change in the enforcement officer’s position, the violation must be corrected within the allotted time frame. The director of resource management or designee shall choose the medium and format of the meeting, which can be held in person, over phone, using internet streaming, or other technology.
(Ord. No. 1818, §1)
10-17 Formal enforcement – Notice of proposed penalties and order to abate
(a) Notice of Pendency of Administrative Nuisance Abatement Proceeding. In the event the owner or other responsible person fails to abate the violation within the time provided in the notice of violation, the enforcement officer may file in the office of the county recorder a notice of pendency of administrative nuisance abatement proceeding, describing the property and certifying that the property is being maintained as a public nuisance. The manner of giving notice of such filing shall be provided in the same manner as the order to abate.
(b) Notice of Proposed Penalties. If an enforcement officer determines that a violation has occurred or is occurring, the enforcement officer may issue a notice of proposed penalties to the property owner(s), and/or any lessee, resident or other person who is liable. The notice of proposed penalties shall: (1) describe each violation for which penalties are proposed, including citation to the ordinance provisions violated and summary description of the facts constituting the violation; (2) state the type and amount of penalties proposed to be imposed for those violations in accordance with this chapter; (3) specify the correction period, for each violation for which a penalty is proposed; (4) specify how any violations subject to a correction period may be corrected; and (5) give notice of the respondent’s right to request a hearing under this chapter and instruct the respondent how to request a hearing.
(c) Order to Abate. If an enforcement officer determines a nuisance exists or is threatened, the enforcement officer may issue an order to abate the nuisance to the property owner(s) and any lessee, resident or other person responsible for abating the nuisance. An order to abate shall: (1) describe the nuisance, including the violations cited and facts that constitute the nuisance; (2) describe how the nuisance may be abated; (3) order abatement of the nuisance, and specify the date by which the respondent must abate the nuisance; (4) give notice that if the respondent fails to abate the nuisance within the time allowed, the county may abate the nuisance and charge the costs of abatement to the respondent; and (5) give notice of the respondent’s right to request a hearing under this chapter and instruct the respondent how to request a hearing.
(d) Combined Notice of Proposed Penalties and Order to Abate. The enforcement officer may issue a combined notice of proposed penalties and order to abate.
(Ord. No. 1818, §1; Ord. No. 1842, §1)
10-18 Service of notice and/or order
Any notice or order issued under this chapter shall be served by any of the following methods:
(a) Mailed, certified mail with postage prepaid, to the respondent and, if the respondent is not the owner of record, to the owner (according to the latest secured assessment roll) of the real property that is the subject of the notice or order, and to anyone known to the enforcement officer to be in possession of such real property. A copy shall be sent by first class mail with a proof of service. If the certified mail letter is returned but the first class mail is not, then the notice or order is deemed to have been served on the fifth day after mailing.
(b) Posted on the subject real property, close to the entrance or in another conspicuous place.
(c) Personal service.
(Ord. No. 1818, §1; Ord. No. 1842, §2)
10-19 Consent order
At any time, respondent and the enforcement officer, on behalf of the county, may enter into a consent order with agreed upon penalties and/or time frames for abatement. When entering into a consent order, respondent waives the right to any hearing or appeal.
(Ord. No. 1818, §1; Ord. No. 1842, §3)
10-20 Right to hearing – Procedure
(a) No later than ten (10) calendar days after service of a notice of proposed penalties and/or an order to abate, the respondent may request a hearing on the order to abate by submitting a written request for hearing with the enforcement officer together with a deposit of one hundred fifty dollars ($150.00) toward payment of fees established pursuant to this chapter.
The request for hearing must be in writing and contain an issue statement including material facts that respondent claims support his or her contentions regarding lack of liability and/or that the amount of administrative penalties imposed is unwarranted.
This issue statement may include a hardship waiver to reduce the amount of the penalties assessed after the initial violation. The burden shall be on the respondent to show that respondent has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the respondent.
If the respondent fails to timely request a hearing, then the order to abate shall become final and the enforcement officer may impose penalties and charge fees totaling the enforcement costs against the respondent without further notice.
(b) Advance Deposit Waiver.
(1) Any person who requests a hearing and who is financially unable to pay the advance deposit may file a request for an advance deposit hardship waiver. The request must include a sworn affidavit with any additional requested supporting documents or materials which demonstrate to the enforcement officer’s satisfaction that the person is unable to deposit the full amount in advance of the hearing.
(2) A written determination on the advance deposit waiver must be mailed to the applicant. The decision shall be final and there shall be no right to appeal to the board of supervisors.
(3) If the waiver request is denied, the deposit shall be remitted within ten (10) days of service of the decision. Failure to pay the deposit shall result in a waiver of the right to a hearing before the hearing officer.
(Ord. No. 1818, §1; Ord. No. 1842, §4)
10-21 Hearing officer
A person appointed or acting pursuant to Government Code Sections 27720 through 27728 shall serve as the hearing officer. County counsel shall be delegated the task of selecting a hearing officer. The hearing officer shall be impartial. Any person who has investigated, prepared or recommended issuance of the order to abate that is the subject of the requested hearing shall not act as the hearing officer. A person is not disqualified from serving as the hearing officer merely because that person has personal knowledge of the circumstances of the case or the evidence that may be presented in the proceedings or has participated in a preliminary determination or decision, such as determination of probable cause or authorizing commencement of proceedings under this chapter.
(Ord. No. 1818, §1; Ord. No. 1842, §5. Formerly 10-22)
10-22 Conduct of hearing – Evidence
Notice of the time and place of the hearing shall be given not less than twenty (20) days before the hearing and the hearing officer will preside over the proceedings. The hearing officer may issue subpoenas. The hearing officer may establish such procedures and make such orders and rulings before and during the hearing as are necessary for the fair and efficient conduct of the hearing. The hearing before the hearing officer need not be conducted according to the technical rules of evidence. Hearsay evidence may be admitted for any purpose but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil actions. Testimony shall be taken under oath or affirmation. The hearing will be recorded. All parties shall have the opportunity to present testimony and written evidence and to cross-examine witnesses called by other parties and respond to written evidence proffered by other parties.
(Ord. No. 1818, §1; Ord. No. 1842, §6. Formerly 10-23)
10-23 Hearing officer’s decision and order
After the hearing is closed, the hearing officer shall issue to the enforcement officer and the respondent a written decision and order that: vacates, upholds or modifies the order to abate, as applicable; the notice of proposed penalties or the combined notice and order, as applicable; orders respondent to abate any nuisance; charges enforcement costs; and includes a statement of the factual and legal basis therefor. If the hearing officer orders abatement, the order shall specify the time in which the respondent must abate the nuisance. If the hearing officer imposes penalties, the order shall specify how the respondent may correct the ongoing violations.
Appeals to the hearing officer's decision should be filed in Solano Superior Court.
(Ord. No. 1818, §1; Ord. No. 1842, §7. Formerly 10-24)
10-24 Penalties
(a) General. Penalties may be imposed for each violation that has occurred as of the date of the order or as of the date the violations were first observed. The order shall instruct the respondent how to give notice that the ongoing violations have been corrected and request an inspection. Violations shall be conclusively deemed to have continued until the respondent notifies the county that the violations have been corrected, as specified in the order, and consents to inspections as necessary to confirm the violations have been corrected. The enforcement officer or hearing officer shall not impose penalties for violations that were corrected within the correction period specified in the notice of proposed penalties. The enforcement officer may stop further accrual of penalties if he or she determines that continued accrual will not be effective or in the interests of justice.
(b) Amount of Penalty.
(1) Violations of Any Building Code (e.g., Chapter 6.3).
For a first violation, the amount shall be one hundred thirty dollars ($130.00) per violation.
For a second violation within one (1) year of a first violation, the amount shall be seven hundred dollars ($700.00) per violation.
For a third and any subsequent violations within one (1) year of a first violation, the amount shall be one thousand, three hundred dollars ($1,300.00) per violation.
(2) Violations of an Event Permit Requirement.
For a first violation, the amount shall be one hundred fifty dollars ($150.00) per violation.
For a second occurrence of the same violation by the same owner or operator within three (3) years of the first violation, the amount shall be seven hundred dollars ($700.00) per violation.
For a third and any subsequent occurrence of the same violation by the same owner or operator within three (3) years of the first violation, the amount shall be two thousand, five hundred dollars ($2,500.00) per violation.
(3) Violations of a Short-Term Rental Ordinance.
For a first violation, the amount shall be one thousand five hundred dollars ($1,500.00) per violation.
For a second violation within one (1) year, the amount shall be three thousand dollars ($3,000.00) per violation.
For a third and any subsequent violation within one (1) year of the first violation, the amount shall be five thousand dollars ($5,000.00) per violation.
(4) All Other Ordinance Violations.
For a first violation, the amount shall be one hundred dollars ($100.00) per violation.
For a second violation within one (1) year, the amount shall be two hundred dollars ($200.00) per violation.
For a third and any subsequent violations within one (1) year of the first violation, the amount shall be five hundred dollars ($500.00) per violation.
(Ord. No. 1842, §8)
10-25 Collection of penalties – Penalty lien
Penalties imposed pursuant to this chapter that are not paid may be collected by any lawful means including, without limitation, a civil action. In addition, the county shall have a lien against the subject property in the amount of the unpaid penalties accrued until the violation is corrected. The lien may be recorded in the office of the county recorder by the recording of a certificate of administrative penalty lien together with the order imposing the penalties and have the same priority as a judgment lien.
(Ord. No. 1842, §10)
10-26 Abatement by the county
(a) Abatement After Respondent’s Failure to Abate. If the respondent fails to abate a nuisance within the time ordered by the enforcement officer in the order to abate and the respondent fails to timely request a hearing, the enforcement officer and/or his or her designees and agents may enter the subject property and abate the nuisance.
(b) Summary Abatement. When a nuisance constitutes an immediate and serious threat of harm to public health or safety, property or the environment, the enforcement officer may enter the subject property and summarily abate the nuisance without compliance with the procedures prescribed elsewhere in this chapter. However, the enforcement officer shall give the owner and any lessee or resident of the subject property such notice and opportunity to be heard as are feasible and appropriate under the circumstances. Immediately following summary abatement, the enforcement officer shall notify the owner of the subject property, and anyone known to the enforcement officer to be in possession of the subject property, of the abatement of the nuisance. The notice to the owner shall include the report of the costs of abatement and demand for payment pursuant to subsection (c) of this section.
(c) Report of Costs of Abatement – Demand for Payment. The enforcement officer shall keep an account of the costs of abatement incurred by the county. The enforcement officer shall mail a report of the costs of abatement to the owner of the subject property with a demand that the costs of abatement be paid within sixty (60) days from the mailing of the report and demand.
(Ord. No. 1818, §1; Ord. No. 1842, §9. Formerly 10-25)
10-27 Fees for enforcement costs – Ability to record lien
The county shall charge respondents fees to reimburse the county for all costs of enforcement incurred in connection with proceedings under this chapter including, without limitation, costs of investigation, inspection, correspondence, notices and orders, and hearings. A schedule of such fees shall be adopted by resolution of the board of supervisors. The county may cause a notice of abatement lien to be recorded against the parcel which a public nuisance was abated pursuant to California Government Code Section 25845 in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner.
(Ord. No. 1818, §1)
10-28 Costs as special assessment and lien – Hearing and recording
(a) The enforcement officer shall submit the report of the costs of abatement to the clerk upon expiration of the time to pay. The clerk shall give notice of a confirmation hearing, by mail, to the record owner of the subject property at least ten (10) days prior to the hearing. The notice shall describe the property by street number or some other description sufficient to identify the property and contain a statement of the amount of the proposed assessment.
(b) At the time of the hearing, the board of supervisors shall hear and consider the report, along with any protests or objections which may be raised by any interested person. Upon such hearing, the board of supervisors may make any corrections or modifications to the cost report, after which such costs shall be confirmed by resolution of the board and the amount shall be deemed to be final and conclusive.
(c) A certified copy of the resolution shall be recorded by the clerk in the office of the county recorder. The amounts and costs of abatement mentioned in the report shall constitute a special assessment against the property and are a lien on the property for the amount of the respective assessment. In addition to its rights to impose the special assessment, the county shall retain the right to recover its costs in a civil action against the owner and any other responsible party.
(d) The amount of the special assessment shall be imposed under this chapter against any parcels of land to which the assessment applies, listed on the current assessment roll. The tax collector shall include the amount of the assessment on the tax bills levied against the respective parcels of land.
(Ord. No. 1842, §10)
10-29 Refusal to issue
(a) No department, commission, or employee of the county vested with the duty or authority to issue or approve permits, licenses, or other entitlements shall do so when there is a pending abatement order, or any outstanding balance for abatement costs, on any nuisance property, except permits, licenses, or entitlements necessary to abate those violations.
(b) The refusal to issue may be rescinded when the enforcement officer determines that the violations have been cured and outstanding balances have been paid.
(c) The enforcement officer may waive the provisions of this section if the enforcement officer determines it is necessary to allow desirable remedial work, protective work, preventative work, or in other exceptional circumstances.
(Ord. No. 1842, §11)
10-30 Remedies cumulative
The remedies under this chapter are cumulative, and this chapter does not limit, preclude, waive or supersede any other remedy available by law for the abatement of public nuisances or enforcement of county ordinances such as filing civil litigation.
(Ord. No. 1818, §1. Formerly 10-27)