The term "public nuisance" or "nuisance" is defined to be:
A. 
Any condition declared by any statute of the state of California or by any ordinance of the county of Stanislaus to be a nuisance.
B. 
Any public nuisance known or recognized in common law or equity.
C. 
Any use or condition of property that is dangerous to human life, unsafe or detrimental to the public health or safety.
D. 
Any violation of a provision of the Stanislaus County Code.
(Ord. CS 659 §1, 1998)
The county department director, or his/her designee, shall use the procedures set forth in this chapter to enforce the provisions of the Stanislaus County Code, unless another procedure is provided in this code, in which case the director may use the procedures in this chapter. The term "department director" means the administrative head of the county department responsible for enforcing the provisions of the Stanislaus County Code that are being violated (hereafter, "director"). In the case of multiple violations affecting two or more county departments, a lead department shall be assigned the responsibility of taking a lead role in coordinating enforcement action and activities. The director or his/her designee, shall have the discretion to seek the correction of any violation(s) through the use of administrative citations, abatement, criminal prosecution, or civil litigation, alone or in combination. The director of public works, director of planning and community development, the director of environmental resources, county counsel, district attorney, county sheriff, and fire warden shall render such assistance in the enforcement of this chapter as may from time to time be required.
(Ord. CS 659 §1, 1998)
Should the director or his/her designee, determine that a condition has been created or maintained on private or public property which constitutes a public nuisance as defined by Section 2.92.010 of this chapter, (s)he shall issue a notice and order to abate.
A. 
The notice and order to abate shall contain the following:
1. 
The street address and/or a legal description sufficient for identification of the property where the condition exists or, if no property is involved, the address of the person responsible for or committing the act that constitutes a nuisance.
2. 
A statement that the director has found the condition or use of the property or act of any person to be a public nuisance with a brief and concise description of the conditions or use of the property or act that constitutes a public nuisance under provisions of Section 2.92.010 of this chapter.
3. 
A list of needed corrections and abatement methods.
4. 
The date by which the nuisance must be abated, which shall be a reasonable period of time, not less than two weeks nor more than two months, as determined by the director or his/her designee, for the person being cited to remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health and safety.
5. 
A statement of which remedy(s) (provided for by this chapter) will be sought if compliance is not realized and the potential consequences of that remedy.
B. 
The director or his/her designee, shall cause the notice and order to abate to be served on the owner(s) of the property as shown on the last equalized assessment roll, or upon the person responsible for or committing the act that constitutes a nuisance, and upon the mortgagee, lienor, lessee or holder of an interest of record in the subject property. Service of the notice and order to abate may be made in the following manner:
1. 
By personal service; or
2. 
By mail, certified, return receipt requested, to the owner of the property at the address shown on the last equalized assessment roll, or to the person responsible for or committing the act that constitutes a nuisance at that person's permanent mailing address. Should the service by certified mail, return receipt be returned as "refused or unclaimed," service may be made by posting a copy of the notice and order to abate prominently and conspicuously upon the property where the nuisance exists and mailing a copy of the notice by regular U.S. mail to the owner and any known tenant; and
3. 
By posting a copy of the notice on the property, if real property is involved.
For notices to correct violations of or to abate nuisances under the State Housing Law (Health and Safety Code, Sections 17910 et seq.), including the Uniform Housing Code, a second notice and order to abate shall be served as required under California Code of Regulations, Title 25, Section 60.
C. 
When service of the notice and order to abate is made by personal service, or posting, proof of service shall be certified to at the time of service by a written declaration. When service is made via certified mail, the card returned in acknowledgment of receipt shall be affixed to a copy of the notice and order retained by the director or his/her designee. The failure of any person to receive the notice does not affect the validity of any proceedings taken under this chapter.
D. 
In lieu of or in addition to the notice provisions and requirements set forth in this section, the director or his/her designee may use the summary abatement procedures set forth in Section 2.92.095 to abate unsafe conditions as defined in that section.
(Ord. CS 659 §1, 1998; Ord. CS 705 §5, 1999; Ord. CS 752 §2, 2001)
The owner or the person responsible for or committing the act that constitutes a nuisance may request an extension of the date for abatement of the nuisance specified in the notice and order to abate.
A. 
A request for extension must be in writing and include:
1. 
An explanation of the circumstances necessitating an extension; and
2. 
A suggested alternative performance date.
B. 
The director or his/her designee, shall have discretion to grant an extension if (s)he finds:
1. 
That unique circumstances exist which require additional time to abate the nuisance; and
2. 
The owner or person has made a good faith effort to comply with the order.
C. 
If the director or his/her designee, believes an extension of the date should be granted, (s)he shall notify the party requesting an extension of the new performance date.
(Ord. CS 659, §1, 1998)
Any person who shall fail to comply with a notice and order to abate within the time specified in the notice, or any extension of time granted pursuant to Section 2.92.040, having been properly served with a copy of the notice and order to abate, shall be guilty of a misdemeanor. The director or his/her designee, may, however, in his/her discretion, elect not to treat the violation as a misdemeanor, and seek enforcement pursuant to any other remedy provided in this chapter, in the Stanislaus County Code, or authorized by law.
If the owner, or person responsible for or committing the act that constitutes a nuisance, fails to correct the violation(s) within the time specified in the notice and order to abate, the director or his/her designee, may cause to be recorded a notice of noncompliance in the office of the county recorder, which subsequently shall be withdrawn by recording a withdrawal of notice of noncompliance upon the correction of the condition or use of property in conformance with the notice and order to abate and payment of all costs of enforcement incurred by the director.
The imposition of a penalty for violation(s) of this section shall not excuse or permit such violation(s). Failure to abate the nuisance within the time prescribed in the notice and order to abate shall be deemed a separate offense for each day that the nuisance is not abated after the expiration of the time specified to abate the nuisance or the expiration of extension periods.
(Ord. CS 659, §1, 1998)
If the owner, or person responsible for or committing the act that constitutes a nuisance, fails to correct the violation(s) within the time specified in the notice and order to abate, the director or his/her designee, may cause that person to be issued an administrative citation (Government Code Section 53069.4).
A. 
Any citation issued shall:
1. 
Identify the date, time and circumstances of the violation;
2. 
State the amount of the penalty fee to be imposed;
3. 
Advise the person of their appeal rights as provided herein.
B. 
The Administrative Citation shall be served in the same manner as the notice of order to abate, as provided in Section 2.92.030. The amount of the penalty fee imposed shall be set by director or his/her designee; provided, however, where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 1.36.020. In determining the amount of civil penalty to be assessed against any person violating a provision of the Stanislaus County Code, consideration will be given to the following:
1. 
The extent to which the person had knowledge or reasonably should have known that the action taken was a violation of the Stanislaus County Code;
2. 
The magnitude of the violation;
3. 
The extent to which the person derived a financial benefit from the violation;
4. 
Any prior history of related violations by the same person on the subject property or on other parcels within the County; and
5. 
Any corrective action, or lack thereof, taken by the person to eliminate the violations, and any other mitigating circumstances justifying a reduction of the amount of the penalties.
C. 
Any person receiving the administrative citation may request an appeal hearing, in writing, within fifteen days from the date of service of the administrative citation. The request for hearing shall be addressed to the director and shall be deemed served only when received by the county. Failure to properly serve the request for hearing within the fifteen-day period shall be deemed a waiver of right to appeal the matter, and the decision to impose the penalty fee will become final.
The appeal hearing shall be held before a hearing board, consisting of two or more members, or a hearing officer appointed by the director or his/her designee. A hearing officer shall be a member of the California Bar admitted to practice no less than five years as required by Government Code Section 27724. The hearing board or hearing officer shall give written notice by mail to the person who has requested the appeal of the date and time of the appeal hearing, which hearing should be held not sooner than ten days from the receipt of the request for hearing and not longer than thirty days. With the consent of both parties, the appeal hearing may be conducted by telephone, or continued. The appellant shall be allowed to present such witnesses and evidence as (s)he may desire and may be represented by an attorney or other representative of his/her choice. The county may be represented by county counsel or his/her designee.
Upon conclusion of the hearing, the hearing board or hearing officer shall serve written notice of his/her decision in the manner provided by Section 2.92.030. The director shall present the decision of the hearing board or hearing officer to the board of supervisors, and the board may adopt such decision, with or without modification, without further notice of hearing.
D. 
Notwithstanding Chapter 2.88 of the Stanislaus County Code or Sections 1094.5 or 1094.6 of the Code of Civil Procedure, within twenty days after the date action is taken by the board of supervisors on the decision of the hearing board or hearing officer, a person contesting that final administrative decision may seek review by filing an appeal in the Stanislaus County municipal court pursuant to subdivision (b) of Section 53069.4 of the Government Code. If no notice of appeal to the municipal court is filed within the period set forth in this section, the order or decision of the county shall be deemed confirmed.
E. 
The administrative fine or penalty imposed under this section, as confirmed by the board of supervisors, shall constitute a special assessment against the respective lot, or parcel of land, to which it relates, and upon recordation in the office of the county recorder of a notice of lien in appropriate legal form, as so made and confirmed, shall constitute a lien on the property for the amount of such assessment.
After such confirmation and recordation, a copy may be turned over to the auditor, whereupon it shall be the duty of the auditor to cause the amounts of the respective assessments to be added to the next regular tax bills levied against such respective lots and parcels of land for municipal purposes, and thereafter such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and may be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
After such recordation, such lien may be foreclosed by judicial, or other sale in the manner and means provided by law.
(Ord. CS 659, §1, 1998)
If the owner, or person responsible for or committing the act that constitutes a nuisance, fails to correct the violation(s) within the time specified in the notice and order to abate, the director or his/her designee, may (a) request the district attorney, or request the board of supervisors to order the district attorney, to abate a public nuisance pursuant to Government Code section 26528(b), or initiate abatement proceedings as provided for by law, including, the Uniform Code for the Abatement of Dangerous Buildings or the Uniform Housing Code, or (c) schedule a hearing for summary abatement proceedings under the police powers of the county and pursuant to Government Code Section 25845 as set forth in this section.
A. 
Notice of Hearing.
1. 
The nuisance abatement hearing shall be a public hearing. Notice of the hearing shall be sent at least ten days prior to the hearing to the same persons and in the same manner as set forth in Section 2.92.030 for service of the notice and order to abate.
2. 
Additional notice of the hearing may be given at the discretion of the director using one of the following methods:
(a) 
By the mailing, at least ten days prior to the hearing, of postcard notices through the United States mail, with postage prepaid, to all property owners within three hundred feet of the property upon which the violation exists, as shown on the current assessment roll of the county and using addresses from the last adopted tax roll; or
(b) 
By the publication of notice in a newspaper of general circulation in accordance with Section 65090 of the Government Code and posting the notice at least ten days before the hearing in a conspicuous place on the property upon which the violation exists.
B. 
Hearing Procedure. The following sets forth the procedural rules applicable to the nuisance abatement hearing:
1. 
At the time and place set for the hearing, an abatement hearing board, consisting of two or more members, appointed by the board of supervisors shall review the director's decision ordering cessation or abatement of the alleged nuisance to determine whether the decision conforms to the law and whether it is supported by substantial evidence. The abatement hearing board shall tape-record the hearing and shall have preserved the recording, all photographs and other documentary evidence introduced at the hearing. The abatement hearing board may establish rules for the orderly conduct of matters being heard by such board.
2. 
Within thirty days after the hearing is closed, the abatement hearing board shall make a written recommendation to the board of supervisors on each matter that is heard by the abatement hearing board which shall contain a recommended decision, findings of fact and, if any need be made, conclusions of law. A copy of the recommendation shall be mailed by certified mail, to the owner(s) of the parcel and person responsible for or committing the act that constitutes a nuisance that is the subject of the hearing. The board of supervisors may adopt, modify or reject the recommendation without further notice of hearing or, in the discretion of the board of supervisors, may set the matter for a de novo hearing.
3. 
Default Procedure.
(a) 
In the event the respondent(s) fail to appear at the time and place set for the hearing, the abatement hearing board may proceed in the absence of the owner, person responsible for or committing the act that constitutes a nuisance, or other person with a record interest in the subject property.
(b) 
The owner or other person with a record interest in the property may petition for relief from default if application is made in writing to the abatement hearing board within ten days of the decision. Such application shall set forth the reasons constituting good cause for the failure to appear at the hearing.
(c) 
"Good cause" is defined as reasonable circumstances beyond the control of the owner or person which prohibited attendance at the hearing.
(d) 
If good cause is shown, a new date for a hearing will be set within forty-five days.
C. 
Grievance Procedure. Any aggrieved person with a record interest in the subject property may seek judicial review of the board of supervisor's decision no later than the ninetieth day following the date on which the decision of the board of supervisors becomes final as set forth in Chapter 2.88 of the Stanislaus County Code.
D. 
Enforcement.
1. 
Decisions of the board of supervisors shall order abatement within a time certain not to exceed six months. The order may authorize the county to abate the nuisance and charge the cost of abatement to the owner(s) of the abated property. The board of supervisors shall consider and determine the reasonableness of the costs of abatement and, thereafter, shall order the owner to pay the abatement costs. If the owner fails to pay the cost of abatement upon demand by the county, a notice of abatement lien shall be recorded and the cost of abatement shall become a lien on the property pursuant to the provisions of California Government Code Section 25845. The director is authorized to prepare and record a notice of release of lien against the legal title of the subject property(s), if the county is fully compensated for the amount of the lien placed upon the property.
2. 
The materials, equipment, vehicles or other personal property contained in any nuisance abated by the director may be disposed of in any manner deemed appropriate by the director, including, but not limited to sale or transfer to another department in the same manner as surplus county property pursuant to Sections 2.24.070, 2.24.080 and 2.24.090 is sold.
3. 
Pursuant to Government Code Section 25845.5, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with an ordinance enacted pursuant to Section 25845, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement.
E. 
Summary Abatement of Immediate Health And Safety Hazards.
Nothing in this section or other provision of the Stanislaus County Code prohibits the summary abatement of a nuisance upon order of the board of supervisors, if the board determines that the nuisance constitutes an immediate threat to public health or safety.
(Ord. CS 659 §1, 1998; Ord. CS 705 §6, 1999)
If the owner or the person responsible for or committing the act that constitutes a nuisance fails to correct the violation(s) within the time specified in the notice and order to abate, the director or designee, may:
(a) 
Issue a citation as an infraction violation pursuant to Section 1.36.020, if authorized; or
(b) 
Request the district attorney to prosecute the matter as a misdemeanor criminal offense pursuant to Section 1.36.010.
(Ord. CS 659 §1, 1998)
If the owner, or tenant, fails to correct the violation(s) within the time specified in the notice and order to abate, the director or designee, may request the district attorney apply to such court, or courts, as may have jurisdiction to grant such relief as will abate the public nuisance, or restrain and enjoin any person from creating, or maintaining a nuisance.
(Ord. CS 659 §1, 1998)
A. 
Unsafe Condition. The board of supervisors finds and declares that the following "unsafe conditions" of property are a public nuisance that require immediate abatement:
1. 
Any structure that is not secured from access by the general public;
2. 
Any open or abandoned excavation (mining shaft, pit, well, septic tank, cesspool or any other open or abandoned excavation) determined by the department director to be in violation of Part 9.5 (commencing with Section 115700) of the California Health and Safety Code;
3. 
The accumulation or storage of waste, refuse, rubbish or debris on property longer than one week, and/or the failure to regularly remove of such material in a manner provided for by law, and/or the failure to properly dispose of such material as required or allowed under applicable laws and regulations;
4. 
Any other hazardous condition that is deemed by the department director to constitute a substantial and imminent threat or risk to the health, safety and welfare of any person or domestic animal.
B. 
Notice of Unsafe Condition. Upon verification that an unsafe condition exists on property, the department director or designee may elect to deliver a notice of unsafe condition to the owner, lessee, agent or other person having charge or control of the property, or to any person eighteen years of age or older at the residence or place of business of such owner, lessee, agency or other person described above. Delivery of the notice of unsafe condition may be made by personal service or by mail, certified return receipt requested, addressed to the owner at the address shown on the last equalized assessment roll. The notice of unsafe condition shall contain:
1. 
The street address and/or location of the property, including the assessor's parcel number;
2. 
A description of the unsafe condition(s) on the property that constitutes a public nuisance;
3. 
An order to abate the unsafe condition within a time period designated by the director or designee, not less than ten days after delivery of the notice;
4. 
A statement that failure to abate the unsafe condition is a misdemeanor violation, subject to criminal prosecution, pursuant to California Government Code Section 25132. Said failure will result in abatement by the county and all costs incurred by the county to abate the unsafe condition shall be billed to the owner and, if not paid upon demand by the county, shall become a lien on the property pursuant to California Government Code Section 25845.
C. 
Abating Unsafe Condition. In the event an owner, agent, lessee or other responsible person having charge or control of property where there exists an unsafe condition, fails, refuses or neglects to abate the unsafe condition within the time specified, the director or his/her designee may abate the unsafe condition and/or initiate other remedies authorized under Chapter 2.92 of the Stanislaus County Code. Abatement of an unsafe condition includes securing any structure from entry, removal and disposal of refuse on the property, and/or assisting the responsible person to abate the unsafe condition. The owner, lessee or responsible person may give the director or designee written authorization to abate the unsafe condition before the notice period has expired. If the director or designee reasonably determines that there is no responsible person to whom a notice of unsafe condition can be delivered, the director or designee may waive the ten-day notice and proceed immediately with abatement of the unsafe condition, provided that an affidavit is completed documenting the circumstances and reasons why the service of the notice would be futile.
D. 
Appeal. The owner, lessee, agent or other person having charge or control of the property may appeal the order to abate the unsafe condition by filing with the director a written notice of appeal containing reasons for seeking relief from the order prior to the compliance date designated in the notice of unsafe condition. The director shall determine and issue a decision on the merits of the appeal within two working days and may sustain, modify or overturn the notice of unsafe condition. The decision of the director is final.
E. 
Continuing Abatement Without Notice. After initially following with the notice procedures set forth in this section, the director and designee are authorized to continue abatement of any unsafe condition on the property without notice.
F. 
Liability for Costs of Abatement. The owner of record of the property shall be responsible for all costs incurred by the county to abate the unsafe condition, which costs may include, but are not limited to, administrative costs, staff time, and all costs incurred in the physical abatement of the unsafe condition. The director or designee shall identify these costs on a statement of abatement costs, which costs shall be paid on demand. The director or designee may enter into an agreement with the owner, agent, lessee or other responsible person for reimbursement of the cost incurred by the county to assist that person to abate the unsafe condition. The cost of abatement shall become a lien on the property pursuant to California Government Code Section 25845 if the landowner fails to pay the costs upon demand by the county.
1. 
The property owner may protest the cost of abatement imposed pursuant to this paragraph by filing a written request for a hearing before the abatement hearing board on the abatement costs with the director or designee within five business days after receipt of the statement of abatement costs. If the property owner's request is timely, the director or designee shall give the property owner notice of the hearing in the same manner as provided in subsection A of Section 2.92.070. At the time fixed for the hearing on the statement of abatement costs, the abatement hearing board shall consider the statements, protests, or objections raised by the property owner.
2. 
The abatement hearing board may revise, correct, or modify the statement as it considers just and thereafter shall confirm the cost.
3. 
The decision of the abatement hearing board shall be final.
4. 
Appeal of the abatement hearing board decision shall be governed by California Code of Civil Procedure Section 1094.6, or such section as may be amended from time to time.
G. 
Emergency Abatement. The director or designee may immediately abate any unsafe condition without prior notice to the owner, lessee, agent or other person having charge or control of the property, if the director or designee find and determine that there exists on the property an extremely hazardous unsafe condition that cannot be permitted to exist for ten days. The director shall report to the board of supervisors at the first regular meeting after taking action to abate the unsafe condition explaining all actions taken and justifying the decision to proceed immediately without prior notice.
(Ord. CS 752 §1, 2001; Ord. CS 1335 §§1, 2, 2022)
Nothing in this chapter shall be so interpreted as to prevent prosecution under any other civil, penal, building, fire or related statutes or codes or other sections in other titles of the Stanislaus County Code. The county reserves the right to employ any one of any combination of any and all authorities for prosecution.
(Ord. CS 659 §1, 1998)
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the director or designee, has reasonable cause to believe that there exists in any building or upon any premises any condition in violation of this chapter, the director or designee, may enter such premises at all reasonable times to perform any duty imposed upon such person by this chapter, provided that if the premises are private and occupied, the director or designee, shall present proper credentials, state the reasons for entry and request entry. If entry is not granted, a court order should be secured. If premises are unoccupied, the director or designee, should make a reasonable effort to locate the owner, or tenant, and request entry. If entry is refused, the director or designee, shall have recourse to the remedies provided by law to secure entry.
(Ord. CS 659 §1, 1998)
If any section, subsection, sentence, clause, phrase or other part of this chapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors declares that it would have enacted this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases or other parts be declared unconstitutional or otherwise invalid.
(Ord. CS 659 §1, 1998)
Pursuant to Government Code Section 25845(c), in any action, administrative proceeding, or matter commenced by the county to abate a nuisance, or to collect the cost of abatement or any penalty or fee related thereto, the prevailing party shall recover its attorneys' fees.
The recovery of attorneys' fees under this section is limited to those actions, administrative proceedings, or matters in which the county chooses at the initiation of the action, administrative proceeding, or matter to seek the recovery of its own attorneys' fees.
In no event shall an award of attorneys' fees under this chapter exceed the reasonable amount of attorneys' fees incurred by the county in the action or proceeding.
(Ord. CS 931 §1, 2005)