A. 
Costs. When proceedings under this Code result in the correction of a violation of this Code or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of Sacramento County Code, all costs of such proceedings and abatement incurred by the County may be assessed against the property. Such costs may include, but not by way of limitation, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing and defending challenges to decisions or actions and pursuing any judicial action. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.
B. 
Attorneys' Fees. Pursuant to Government Code Section 25845, attorneys' fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding.
C. 
Accounting of Enforcement Costs. The Director shall keep an account of unpaid administrative and other costs of enforcement proceedings, and shall submit to the Clerk of the Board of Supervisors an itemized written report showing such unpaid costs and their proposed assessment to the respective properties. The report shall be filed with the Clerk of the Board of Supervisors not later than 15 calendar days in advance of the confirmation hearing required below.
D. 
Clerk to Schedule Public Hearing to Confirm Report of Costs. Upon receipt of the report of costs, the Clerk of the Board of Supervisors shall schedule a public hearing before a County Hearing Officer appointed pursuant to Government Code Section 27720 to receive protests and confirm the report.
E. 
Notice of Public Hearing to Confirm Report of Costs. Notice of the time, date and place of the hearing proposed assessment, together with reference to the report on file with the Clerk, shall be given to the (i) owner or owners as shown on the last equalized assessment roll available on the date of mailing of the notice, (ii) each party in interest of each parcel of property proposed to be assessed, and to (iii) any party known to be in possession of the property proposed to be assessed.
F. 
Time for Giving Notice. Such notice shall be served not later than 15 calendar days in advance of the hearing.
G. 
Service of Notice.
1. 
Owner. Notice to the owner or owners of each property proposed to be assessed shall be served by certified mail, postage prepaid, addressed to the owner at the address shown on the last equalized assessment roll, or any other address or addresses ascertained to be more accurate. If no address or owner is shown on the last equalized assessment roll, then notice shall be given by publication in a paper of general circulation within the County. Notice shall also be posted on the property. The notice published in a newspaper of general circulation shall show the name or names of the owner or owners if known, the assessor's parcel number, the street address of the property, if the property has an address and the address is known to the Director, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report of costs on file with the Clerk. Such publication shall be made not later than 15 calendar days in advance of the hearing.
2. 
Party in Interest. Notice to each party in interest of each property proposed to be assessed shall be served by certified mail, postage prepaid, addressed to the party in interest at the address shown on the instrument of record creating such interest in the property, or any other address or addresses ascertained to be more accurate. If no address for such party in interest is known, then notice shall be given by publication in a paper of general circulation within the County. Such publication shall be made not later than 15 calendar days in advance of the hearing.
3. 
Public. Notice of the time, date and place of the public hearing by the County Hearing Officer shall be published once in a newspaper of general circulation published within the County. Such publication shall be made not later than 15 calendar days in advance of the hearing.
4. 
Party in Possession. Notice of anyone known to be in possession of the property proposed to be assessed shall be served by certified mail, postage prepaid, to the party known to be in possession to the property address or any other address or addresses ascertained to be more accurate.
5. 
Service Effective. Service shall be complete and effective as of the date of mailing or publication, as may be appropriate, as herein provided. The failure of any person to receive such notice shall not affect the validity of any proceedings taken pursuant to this section.
H. 
Proof of Service. Proof of service by mail 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. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice retained by the Director. Proof of posting a copy of the notice shall be certified by written declaration under penalty of perjury executed by the person effecting posting and declaring the time, date and location posting was effected. Proof of service by publication shall be certified by written declaration under penalty of perjury executed by the person authorized to so by the newspaper of general circulation declaring the date the notice was published by a newspaper of general circulation within the County, and a copy of the published notice shall be affixed to such declaration.
I. 
Protests. Protest or objection to all or part of the report of costs may be in writing or may be given orally at the hearing for confirmation of the report of costs. Written protests or objections to all or part of the report of costs shall specify the hearing date, hour and description of the subject property.
J. 
Public Hearing by County Hearing Officer; Confirmation of Costs. Upon the day and hour fixed in the notice a County Hearing Officer shall conduct a public hearing to consider and pass upon the report of costs, together with any such protests or objections thereto. The County Hearing Officer may continue the hearing from time to time. The County Hearing Officer may make such revision, correction or modification of the report or the charge as he or she may deem just and shall then confirm the report by written notice to the Director.
1. 
Personal Obligation. If, after the hearing at which each owner shall have the opportunity to address the issue, the County Hearing Officer orders the charge to be a personal obligation of each owner of the property involved, then he or she shall direct collection of the charge by use of all appropriate legal remedies.
2. 
Special Assessment. If, after the hearing at which each owner shall have the opportunity to address the issue, the County Hearing Officer orders that the charge shall be assessed against the property, he or she shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property.
K. 
Service of Confirmed Report of Costs. Promptly following confirmation of the report by the County Hearing Officer, the Director shall serve upon the owner or owners, and all parties in interest, a copy of the confirmed report of costs. The confirmed report of assessment shall include the following items: (i) the amount of the confirmed costs and whether such costs are assessed as a personal obligation or special assessment, (ii) a demand that the same be paid in full to the County within 30 days from the date of service, (iii) a statement that failure to receive payment within the time allotted shall result in the costs either becoming a personal obligation of the owner or a special assessment lien against the subject property, and (iv) a statement identifying the right to appeal to the Board the confirmed report of costs. Service of the confirmed report of costs shall be effected in the same manner as service of the notice of hearing as set forth above in this section, except for the requirements of posting the property and publication in a newspaper of general circulation unless the last equalized assessment roll does not list the owner(s) or address(es) for the property to be assessed.
(SCC 0982 § 1, 1995; SCC 1066 § 8, 1997; SCC 1430 § 2, 2009; SCC 1578 § 25, 2015)
A. 
Costs Liened if Not Paid within Thirty Days. If the costs as confirmed have not been received by the County within 30 days of the date notice thereof is effective, or an appeal to the Board is final, and costs are ordered to be assessed against the property, the costs shall be assessed against the parcel of land, as authorized by Section 25845 of the Government Code. A notice of abatement lien may be recorded against the subject property and notice thereof shall be transmitted to the tax collector. Collection of the special assessment shall be in the same manner as ordinary county taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.
B. 
Transfer to Bona Fide Purchaser. If, subsequent to the service of the notice and order, and prior to notice being given to the tax collector for collection as set forth in subsection A above, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, whichever is later.
C. 
Remedies Cumulative. In addition to assessing the unpaid costs as provided in subsection A, above, the Tax Collector or designated representative may pursue any remedy provided by law for collection of the unpaid costs.
(SCC 0982 § 1, 1995; SCC 1430 § 3, 2009; SCC 1578 § 26, 2015)
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 is responsible for a condition that may be abated pursuant to Government Code Section 25845, a court may order the owner to pay treble the costs of abatement.
(SCC 0982 § 1, 1995)
A. 
Manner of Appeal. Any person entitled to service of a confirmed report of costs may appeal the County Hearing Officer's decision to the Board of Supervisors by filing at the office of the Clerk an appeal fee, established by resolution of the Board, and a written appeal. The appeal shall not be deemed filed until payment of the appeal fee is received by the Clerk; provided, however, that the appeal fee required may be waived on the basis of financial hardship.
B. 
Form of Appeal. The written appeal shall state:
1. 
The names of all appellants participating in the appeal.
2. 
A brief statement setting forth the legal interest of each of the appellants in the property described in the confirmed report of costs.
3. 
A brief statement in ordinary and concise language of the material facts claimed to support the contentions of the appellant(s).
4. 
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the confirmed report of costs should be reversed, modified or otherwise set aside.
5. 
The signature of each party named as an appellant and their official mailing address(es).
6. 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
C. 
Failure to Notice Appeal. Failure of any person to properly appeal pursuant to this section shall constitute a waiver of his or her right therein.
D. 
Processing of Appeal. Upon receipt of any appeal and appeal fee filed pursuant to this section, the Clerk shall immediately transmit a copy of the written appeal to the Director. The Director shall thereafter provide the Clerk a copy of the confirmed report of costs for the property indicated in the appeal.
E. 
Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the copy of the written appeal transmitted by the Clerk, the following shall occur:
1. 
Date. The Clerk shall fix a date, time, and place for the Board's hearing of the appeal. Such date shall be within 15 days of the filing of the appeal and payment of the appeal fee.
2. 
Notice. The Clerk shall give written notice of the time and place of the hearing at least five days prior to the date of the hearing to each appellant and the Director by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, certified postage prepaid return receipt requested, addressed to each appellant at his or her address shown on the appeal. Notice shall be effective upon personal delivery or five days after mailing.
F. 
Action by Board. Following its consideration of the confirmed report of costs, the written appeal, and any objections or arguments raised at the public hearing, the Board may make such revision, correction or modification of the report as it may deem just. The report, as submitted, revised, corrected or modified, shall thereafter be confirmed or rejected as set forth in this Article.
G. 
Form and Finality of Decision. The decision of the Board shall be in writing and shall contain (i) the amount of the confirmed costs and whether such costs are assessed as a personal obligation or special assessment, (ii) a demand that the same be paid in full to the County within 30 days, (iii) a statement that failure to receive payment within the time allotted shall result in the costs either becoming a personal obligation of the owner or a special assessment lien against the subject property, and (iv) a statement that judicial review is governed by California Code of Civil Procedure Section 1094.6. A copy of the decision shall be delivered to each appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested. The decision of the Board of Supervisors on the report and on all objections or protests shall be final and conclusive when served as herein provided.
(SCC 1430 § 5, 2009; SCC 1578 § 27, 2015)
Where the charge to be made is the result of summary abatement pursuant to Section 16.18.901, the County Hearing Officer may determine whether or not the action to abate was proper, and may confirm the charge or not as it may deem proper.
(SCC 0982 § 1, 1995; SCC 1430 § 6, 2009)
The validity of any cost confirmation made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the service of confirmed report of costs is effective.
(SCC 0982 § 1, 1995; SCC 1430 § 7, 2009)