In addition to the enforcement procedures authorized for abatement of public nuisance and violations pursuant to Section 16.18.205 and Sacramento County Code Chapters 4, 6.20, 6.68, 6.96, 6.98, 6.120, 8, 16.02, 16.04, 16.20, 16.22, 17.04, 6.28, 6.32, the Sacramento County Zoning Code, and Health and Safety Code Section 24400, upon a determination by a department head directed to enforce the provisions thereunder, or the designated representative of such department head, that a violation exists, such department head or designated representative, in their absolute discretion, may elect to employ the alternative enforcement procedures to cause abatement of the nuisance as provided herein.
(SCC 0982 § 1, 1995; SCC 1125 § 2, 1999)
A. 
Whenever the Department Head has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this Code, he or she may commence proceedings to cause abatement of the nuisance as provided herein by notifying in writing the owner of the premises indicating the nature of the violation and ordering the action necessary to correct it. The content of such notice shall be as stated in Section 16.18.503.
B. 
A notice of pending enforcement action describing the property and the nature of the claim shall be recorded by the County. When the enforcement action has been fully resolved and all costs associated therewith finally settled, a certificate of compliance describing the property and referencing the recorded notice of pending enforcement action shall be recorded.
(SCC 0982 § 1, 1995; SCC 1146 § 5, 1999; SCC 1578 § 9, 2015)
A. 
The department head shall issue a notice directed to the owner of record of the premises. The notice shall contain:
1. 
The street address and such other description as is required to identify the premises.
2. 
A statement specifying the conditions which constitute the nuisance.
3. 
An order to the owner to appear before a hearing examiner at a stated time, but in no event less than 20 calendar days after having mailed such notice, to show cause why the premises should not be declared a public nuisance and the same abated in accordance with this code.
4. 
A statement advising the owner that he or she has the option of voluntarily abating the nuisance prior to the date set for hearing. If the owner chooses voluntary abatement, such abatement must be completed prior to the hearing date. The owner must advise the department head in writing that he or she will abate the nuisance, and the date of completion. The department head will inspect the premises on the completion date, and if the nuisance has been abated, the hearing will be taken off the calendar. The owner may request a continuance of the hearing pursuant to Section 16.18.506.
5. 
A statement advising the owner that he or she is responsible for all costs incurred by the County for any abatement hearing.
6. 
A statement advising the owner that, pursuant to Government Code Section 25845, the County intends to seek recovery of attorneys' fees incurred in any abatement hearing, and that attorneys' fees may be recovered by the prevailing party.
B. 
The hearing notice, and any amended or supplemental notice, shall be served either by personal delivery or by mailing a copy by certified mail, postage prepaid, return receipt requested, upon the owner of record or his/her/their address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the department head; a copy of the notice shall also be posted on the premises.
C. 
Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.
(SCC 0982 § 1, 1995; SCC 1066 § 2, 1997; SCC 1578 § 10, 2015)
At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the department head, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter.
(SCC 0982 § 1, 1995)
A. 
The proceedings at the hearing may be reported by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
B. 
Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended.
(SCC 0982 § 1, 1995; SCC 1578 § 11, 2015)
The hearing examiner may, upon request of the owner of the premises or upon request of the department head, grant continuances from time to time for good cause shown, or upon his or her own motion.
(SCC 0982 § 1, 1995)
Government Code of the State of California, Section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings conducted under this chapter.
(SCC 0982 § 1, 1995)
In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the County or any of its departments.
(SCC 0982 § 1, 1995)
A. 
The hearing examiner may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:
1. 
Notice of such inspection shall be given to the parties before the inspection is made;
2. 
The parties are given an opportunity to be present during the inspection; and
3. 
The hearing examiner shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
4. 
Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
(SCC 0982 § 1, 1995; SCC 1578 § 13, 2015)
If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance:
A. 
The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the owner to commence abatement of the nuisance not later than 15 days after the issuance of the decision, and that the abatement be completed within such time as specified by the hearing examiner, or in the alternative, within the time designated by the department head. The decision shall inform the owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the County in such manner as may be ordered by the department head and the expense thereof made a lien on the property involved.
B. 
The decision shall also state that the County, as the prevailing party, is entitled to recovery of attorneys' fees as part of its costs in the nuisance abatement action.
C. 
The decision shall also inform the applicant that the time for judicial review is governed by the California Code of Civil Procedure, Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing examiner and served as herein provided.
(SCC 0982 § 1, 1995; SCC 1066 § 3, 1997; SCC 1578 § 14, 2015)
Upon issuance of the decision, the department head shall post a copy thereof conspicuously on the premises involved and shall serve a copy on the record owner, in the same manner as set forth in Section 16.18.503(B), and one copy shall be served on each of the following, if known to the department head or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises.
(SCC 0982 § 1, 1995; SCC 1578 § 15, 2015)