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5D Saturday, December 22, 2012 ��� Daily News p g g of supervisors, as applicable, prior to commencement of work. Nothing herein shall be construed to require that any private contract under this Code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the State of California; and/or 2. Request that the county counsel commence a civil action to redress, enjoin, and abate the public nuisance. 10.16.140 - Liability for costs. A. In any enforcement action brought pursuant to this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, each person who causes, permits, suffers, or maintains the nuisance to exist shall be liable for all costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this chapter, whether those costs are incurred prior to, during, or following enactment of this chapter; B. In any action by the enforcing officer to abate a nuisance under this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, the prevailing party shall be entitled to a recovery of the reasonable attorney���s fees incurred. Recovery of attorneys��� fees under this subdivision shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or proceeding, to seek recovery of its own attorney���s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys��� fees to a prevailing party exceed the amount of reasonable attorney���s fees incurred by the county in the action or proceeding. 10.16.150 - Accounting. The enforcing officer shall keep an account of the cost of every abatement carried out and shall render a report in writing, itemized by parcel, to the board of supervisors showing the cost of abatement and the administrative costs for each parcel. 10.16.160 - Notice of hearing on accounting; waiver by payment. Upon receipt of the account of the enforcing officer, the clerk of the board of supervisors shall deposit a copy of the account pertaining to the property of each owner in the mail addressed to the owner at the address shown on the last equalized assessment roll or as otherwise known, and include therewith a notice informing the owner that, at a date and time not less than five business days after the date of mailing of the notice, the board of supervisors will meet to review the account and that the owner may appear at said time and be heard. The owner may waive the hearing on the accounting by paying the cost of abatement and the cost of administration to the enforcing officer prior to the time set for the hearing by the board of supervisors. Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said accounting is accurate and reasonable. 10.16.170 - Hearing on accounting. A. At the time fixed, the board of supervisors shall meet to review the report of the enforcing officer. An owner may appear at said time and be heard on the questions whether the accounting, so far as it pertains to the cost of abating a nuisance upon the land of the owner is accurate and the amounts reported reasonable. The cost of administration shall also be reviewed. B. The report of the enforcing officer shall be admitted into evidence. The owner shall bear the burden of proving that the accounting is not accurate and reasonable. 10.16.180 - Modifications. The board of supervisors shall make such modifications in the accounting as it deems necessary and thereafter shall confirm the report by resolution. 10.16.190 - Special assessment and lien. The board of supervisors may order that the cost of abating nuisances pursuant to this chapter and the administrative costs as confirmed by the board be placed upon the county tax roll by the county auditor as special assessments against the respective parcels of land, or placed on the unsecured roll, pursuant to section 25845 of the Government Code; provided, however, that the cost of abatement and the cost of administration as finally determined shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll. The board of supervisors may also cause notices of abatement lien to be recorded against the respective parcels of real property pursuant to section 25845 of the Government Code. 10.16.200 - Administrative Civil Penalties. A. In addition to any other remedy or penalty prescribed in this chapter, any nuisance as described in this chapter may be subject to an administrative penalty in the following amounts: 1. Up to one hundred dollars ($100.00) per day, or part thereof, for the first violation. 2. Up to two hundred dollars ($200.00) per day, or part thereof, for a second violation of the same Ordinance within one (1) year. 3. Up to five hundred dollars ($500.00) per day, or part thereof, for each additional violation of the same Ordinance within one (1) year. The administrative penalty may be imposed via the administrative process set forth in this section, as provided in Government Code Section 53069.4, or may be imposed by the court if the viol i i f p y lation requires court enforceThe Clerk of the Board ment without an administrative 5. of Supervisors shall serve the process. owner of the property with a B. Acts, omissions, or con- hearing notice not less than ten ditions in violation of this code days before the hearing date. that continue, exist, or occur on The notice must set forth the more than one day constitute amount of the delinquent adseparate violations on each day. ministrative penalty that is due. Violations continuing, existing, Notice must be delivered by first or occurring on the service date, class mail, postage prepaid, adthe effective date, and each day dressed to the owner at the adbetween the service date and dress shown on the last equalthe effective date are separate ized assessment roll or as otherwise known. Service by mail is violations. effective on the date of mailing C. In the case of a continu- and failure of owner to actually ing violation, if the violation receive notice does not affect its does not create an immediate validity. danger to health or safety, the Any person whose real enforcing officer or the court 6. shall provide for a reasonable property is subject to a lien purperiod of time, not to exceed ten suant to this Section may file a days, for the person responsible written protest with the Clerk of for the violation to correct or the Board of Supervisors and/or otherwise remedy the violation may protest orally at the Board prior to the imposition of admin- of Supervisors meeting. Each written protest or objection istrative penalties. must contain a description of D. In determining the the property in which the proamount of the administrative testing party is interested and penalty, the enforcing officer, or the grounds of such protest or the court if the violation re- objection. quires court enforcement withAt the conclusion of the out an administrative process, 7. shall take into consideration the hearing, the Board of Supervinature, circumstances, extent, sors will adopt a resolution conand gravity of the violation or vi- firming, discharging, or modifyolations, any prior history of vio- ing the lien amount. lations, the degree of culpabiliWithin 30 days followty, economic savings, if any re- 8. sulting from the violation, and ing the Board of Supervisors��� any other matters justice may adoption of a resolution imposing a lien, the Clerk of the Board require. of Supervisors will file same as a E. The enforcing officer judgment lien in the Tehama may commence the administra- County Recorder���s Office. tive process by issuance of a Once the County reNotice of Violation and Pro- 9. posed Administrative Penalty, ceives full payment for outwhich shall state the amount of standing principal, penalties, the proposed administrative and costs, the Clerk of the Board penalty and the reasons there- of Supervisors will either record fore. The Notice shall be served a notice of satisfaction or proby certified mail addressed to vide the owner with a notice of all of the following: (i) the owner satisfaction for recordation at of the property on which the vio- the Tehama County Recorders lation exists, at the address Office. This notice of satisfacshown on the last equalized as- tion will cancel the County���s lien sessment roll or as otherwise under this section. known to the enforcing officer; The lien may be fore(ii) anyone known to the enforc- 10. ing officer to be in possession of closed and the real property the property subject to the No- sold, by the filing of a complaint tice, at the street address of the for foreclosure in a court of property; and (iii) any other per- competent jurisdiction, and the son known to the enforcing offi- issuance of a judgment to forecer who has caused, permitted, close. There shall be no right to maintained, conducted, or oth- trial by jury. The County shall be erwise suffered or allowed the entitled to its attorneys fees and violation to exist. The failure to costs. serve any person described in Administrative penalthis subsection shall not affect J. the validity of service or the val- ties imposed pursuant to this idity of any penalties imposed section shall also constitute a upon any other person. The No- personal obligation of each pertice shall inform the recipient of son who causes, permits, maintheir right to request a hearing tains, conducts or otherwise before the Planning Commission suffers or allows the nuisance to in accordance with this section. exist. In the event that adminisIf such a hearing is not request- trative penalties are imposed ed within thirty days after issu- pursuant to this section on two ance of the Notice, the proposed or more persons for the same vipenalty shall become final and olation, all such persons shall be conclusive, and the person to jointly and severally liable for whom the notice was issued the full amount of the penalties shall immediately make pay- imposed. In addition to any othment of the penalty amount to er remedy, the county may prosecute a civil action through the the county. office of the county counsel to F. If any person to whom collect any administrative penthe Notice is issued requests a alty imposed pursuant to this hearing before the Planning section. Commission, the person shall be Payment of administranotified by first class mail, post- K. age prepaid, when the matter tive penalties under this Section has been set for hearing. After does not excuse or discharge the hearing, the Planning Com- any continuation or repeated mission may impose, modify, or occurrence of the violation that disapprove, in whole or in part, is the subject of the Notice of Viby its own order, the proposed olation and Proposed Adminispenalty set forth in the notice. trative Penalty. The payment of Any order of the Planning Com- administrative penalties does mission shall be served by first not bar the County from taking class mail, postage prepaid, any other enforcement action upon the appellant and shall be- regarding a violation that is not come effective upon expiration corrected. of the time to appeal under Subdivision (G), unless such an ap- 10.16.210 - Enforcement by civil peal is filed. If such an appeal is action. As an alternative to any not filed, the administrative other procedure set forth in this penalty shall become final and chapter, the county may abate conclusive, and the person to any nuisance described in this whom the notice was issued chapter by the prosecution of a shall immediately make pay- civil action through the office of ment of the penalty amount to the county counsel, including an action for injunctive relief. The the county. remedy of injunctive relief may G. Appeal from any action take the form of a court order, of the Planning Commission enforceable through civil conhereunder may be made in writ- tempt proceedings, prohibiting ing to the Board of Supervisors the maintenance of the violation within ten days of such action. of this chapter or requiring comThe Board may affirm, modify, pliance with other terms. In ador set aside, in whole or in part, dition to any other remedy proany action of the Planning Com- vided by law or equity, the court mission hereunder. The decision in such an action may appoint a of the Board of Supervisors shall receiver for the property upon be final and conclusive. Any or- which the violation is occurring, der of the Board of Supervisors pursuant to Code of Civil Proceshall become effective upon is- dure section 564, who shall be suance thereof and shall be authorized to take such actions served by first class mail, post- as may be necessary to remedy age prepaid, upon the appellant. and remove the violation. Payment of an administrative penalty specified in the Board of 10.16.220 - Refusal to issue perSupervisors��� order shall be mits. No department, commismade to the county within twen- sion or employee of the County ty (20) days of service of the or- of Tehama vested with the duty der, unless successfully chal- or authority to issue or approve licenses or other lenged by a timely writ of man- permits, entitlements shall do so when date. there is an outstanding failure H. Interest shall accrue on to abate a nuisance as descriall amounts due under this sec- bed in this chapter within fourtion, from the effective date of teen (14) days of the date of the administrative penalty or- service of the decision of the der, as set forth in this section, board of supervisors requiring to the date paid pursuant to the such abatement involving the laws applicable to civil money real property to which the pending application pertains. The aujudgments. thority to deny shall apply I. In addition to any other whether the applicant was the legal remedy, whenever the occupant or owner of record at amount of any administrative the time of such violation or penalty imposed pursuant to whether the applicant is either this Section in connection with the current occupant or owner real property has not been satis- of record or a vendor of the curfied in full within 90 days and/or rent owner of record pursuant has not been successfully chal- to a contract of sale of the real lenged by a timely writ of man- property, with or without actual date, this obligation may consti- or constructive knowledge of tute a lien against the real prop- the violation at the time he or erty on which the violation oc- she acquired his or her interest in such real property. Upon noticurred. fication by the enforcing officer 1. The lien provided herein that such a violation exists, all such commisshall have no force and effect departments, until recorded with the County sions, and employees shall reRecorder. Once recorded, the fuse to issue permits or licenses administrative order shall have or entitlements involving the the force and effect and priority premises except those necessaof a judgment lien governed by ry to abate such violation. The the provisions of Code of Civil enforcing officer may waive the Procedure section 697.340, and provisions of this section remay be extended as provided in garding refusal to issue if he or Code of Civil Procedure sections she determines such waiver to be required to allow necessary 683.110 to 683.220, inclusive. or desirable remedial, protective 2. Interest shall accrue on or preventative work. the principal amount of the lien remaining unsatisfied pursuant 10.16.230 - Stop Orders. In addito the law applicable to civil tion to any other remedy provided by law or this Code, whenevmoney judgments. er the enforcing officer deter3. Prior to recording any mines that any activity is occursuch lien, the enforcing officer ring or has occurred that constishall prepare and file with the tutes a nuisance as described in Clerk of the Board of Supervi- this chapter, the enforcing offisors a report stating the cer may issue a Stop Order directing that the nuisance activiamounts due and owing. ty cease immediately. The Stop 4. The Clerk of the Board Order shall state the nature of of Supervisors will fix a time, the activity and that it is date, and place for the Board of deemed to be a nuisance and Supervisors to consider the re- shall contain references to apport and any protests or objec- plicable provisions of this chapter upon which the enforcing oftions to it. ficer based his determination. h d h ll i l d The Stop Order shall include a statement of any corrective action or restoration work the enforcing officer deems necessary to abate the condition. It shall be unlawful and a violation of this Code for any person to resume any use or activity that were ordered to be stopped by the enforcing officer, unless the enforcing officer has first required and the person has agreed to any necessary corrective measures, and the enforcing officer has authorized resumption of the use or activity. The person to whom a Stop Order is issued may appeal the issuance of the Order to the Planning Commission within thirty days of issuance of the Order, but the filing of such appeal shall not permit the resumption of the use or activity that was ordered to be stopped by the enforcing officer. The Planning Commission may affirm, modify, or set aside, in whole or in part, by its own order, any Stop Order of the enforcing officer. Appeal from any action of the Planning Commission hereunder may be made in writing to the Board of Supervisors within ten days of such action. The Board may affirm, modify, or set aside, in whole or in part, any action of the Planning Commission hereunder. 10.16.240 - No duty to enforce. Nothing in this chapter shall be construed as imposing on the enforcing officer or the County of Tehama any duty to issue any Notice hereunder, nor to abate any nuisance, nor to take any other action with regard to any nuisance, and neither the enforcing officer nor the County of Tehama shall be held liable for failure to issue any Notice hereunder, nor for failure to abate any nuisance, nor for failure to take any other action with regard to any nuisance. 10.16.250 - Remedies cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. 10.16.260 - Severability. If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional. time. C. Failure to Comply with Second Notice. It shall be an infraction for any violator to refuse or fail to comply with a second notice issued to him or her pursuant to subsection A of this section. D. Public Nuisance. Any violation that continues in disregard of a second notice issued pursuant to subsection A of this section is hereby declared to be a public nuisance and as such may be abated in the manner prescribed by law. SECTION 6. Section 10.14.050 of the Tehama County Code is hereby repealed. SECTION 7. Section 10.14.060 is hereby added to the Tehama County Code to read: 10.14.060 - Violations Charged Under this Chapter - Penalties. Violations Charged and A. Punished under this Chapter. If the County elects to utilize the procedures set forth in this chapter, whenever any provision in Titles 9, 15 and 17 of this Code provides that any act is prohibited, or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act, or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision shall be charged under this chapter as an infraction punishable by imposition of the following fines, no part of which may be suspended: 1. Upon a first conviction, a mandatory fine of one hundred dollars; 2. Upon a second conviction of the same code section involving the same premises within the twelve-month period immediately preceding the commission of the current violation, a mandatory fine of five hundred dollars; 3. Upon a third conviction of the same code section involving the same premises within a twelvemonth period immediately preceding the commission of the current violation, a mandatory fine of one thousand dollars. B. Each Day a Separate Offense. Each and every day or portion thereof that a person violates or continues to violate any such provision of any of said titles constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation. C. Misdemeanors. Any violation SECTION 2. Section which may otherwise be charg10.14.010 of the Tehama County ed and punishable under this Code is hereby repealed. chapter as an infraction pursuant to subsection A of this SECTION 3. Section section, may be charged and 10.14.010 is hereby added to the punishable under this chapter Tehama County Code to read: as a misdemeanor if the defendant has been convicted of three 10.14.010 - Purpose. The or more violations of the same following non-exclusive policies code section involving the same and procedures provide one premises within the twelvemethod of enforcement of month period immediately preTehama County���s zoning, build- ceding the commission of the ing, sanitation and other ordi- current violation. For purposes nances contained in the follow- of this subsection, a bail forfeiing chapters of this code: Title 9, ture or a plea of nolo Health and Safety; Title 15, contendere shall be deemed to Building; Title 17, Zoning. be a conviction. It is the policy of Tehama County to seek voluntary compliance with these provisions, but to provide an effective means of enforcement if such compliance is not obtained. SECTION 8. This ordinance shall take effect thirty (30) days from the date of its adoption, and prior to the expiration of fifteen (15) days from the adoption thereof shall be published at SECTION 4. Section least one time in the Red Bluff 10.14.030 of the Tehama County Daily News, a newspaper of genCode is hereby repealed. eral circulation in Tehama County. SECTION 5. Section 10.14.030 is hereby added to the The foregoing ordiTehama County Code to read: nance was duly passed and adopted by the Board of Super10.14.030 - Notice and Citation visors of the County of Tehama, Procedure. State of California, at a regular meeting of the Board of SuperviA. Notices. If the County elects sors on the 11th day of to utilize the procedures set December, 2012 by the following forth in this chapter, the vote: Tehama County code enforce- AYES: Supervisors��� Avilla, ment officer, upon referral from Garton, Warner and Williams the environmental health, building and safety or planning de- NOES: None partment shall be responsible for the initial identification of ABSENT OR NOT VOTING: The and contact with persons who District 2 Supervisor position is are suspected to be in violation vacant of any provisions of the code which said departments respectively administer or enforce. Robert A. Williams Under direction of the affected departments, the code enforcement officer may issue a first written warning notice giving violators not less than ten days to voluntarily comply. In the event of noncompliance with the first warning notice under this chapter, said code enforcement officer may issue a formal second written notice to violators. Said second notice shall expressly state: that the violator is in violation of such code section as is applicable; that the violation shall be abated by the violator by specified action; that unless such violation is so abated within a specified time of not less than thirty days, said person shall be issued a citation to appear in court for said violation and for failing to comply with said second notice; that upon conviction of said violation or of failing to comply with said second notice penalties shall be imposed. The second notice shall be in form approved by the county counsel and shall include the name and phone number of the departmental employee from whom further information may be obtained. The first and second notices issued hereunder shall be personally served on violators or mailed by first class mail in a sealed envelope with postage thereon fully prepaid and addressed to the violator at his or her last known address. B. Exceptions. Notwithstanding the provisions of subsection A of this section, no notice need be given, and a county code enforcement officer may immediately issue a citation under this chapter, upon the request of the affected department and when there is reasonable basis to believe that: the violation constitutes an imminent threat to the health and safety of any person or persons, including that of the alleged violator, or to property; or the violator may not remain in the county or may otherwise be difficult to locate at a later i CHAIRMAN, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF TEHAMA ) ss ) I, BEVERLY ROSS, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California, hereby certify the above and foregoing to be a full, true and correct copy of an ordinance adopted by said Board of Supervisors on the 11th day of December , 2012. DATED: This 11th day of December , 2012. BEVERLY ROSS, County Clerk and ex-officio Clerk of the Board of Supervisors of the County of Tehama, State of California. By Angela L. Ford Deputy Publish: December 22, 2012 How to Find A Garage Sale Look in the Classified ads of the Red Bluff Daily News (530) 527-2151