This article shall be known as the "Neighborhood Nuisance Code," and may be cited as such, and will be referred to herein as "this Code."
(SCC 1102 § 1, 1998)
The Board of Supervisors finds as follows:
A. 
The behavior of persons, either separately or in combination with physical conditions of properties, may become public and private nuisances, just as the solely physical conditions of properties within the unincorporated areas of the County of Sacramento may become public and private nuisances. Examples of behavior which may constitute nuisances include large and noisy gatherings, noisy activities during late-night hours, use or sale of controlled substances on the premises, the coming and going of persons with the intent to purchase controlled substances, and the use of buildings or public places for the purpose of prostitution.
B. 
It is as important for the public health, safety and welfare for the County to be able to abate nuisance-creating behaviors as well as abate nuisance-creating physical conditions.
C. 
The owners of properties within the unincorporated areas of the County have the responsibility to monitor their properties and to take appropriate actions if a nuisance exists thereon, whether that nuisance be created by existing physical conditions or by nuisance-creating behaviors. Such nuisances may be avoided, in whole or in part, with adequate property management. If a property owner does not fulfill his or her responsibilities, it is necessary for the safety, health and welfare of neighborhoods and the County as a whole that the County be able to undertake abatement action. Nuisance-creating physical conditions can be abated pursuant to Sacramento County Code Chapters 4, 6.20, 6.68, 6.96, 6.98, 6.120, 8, 16.02, 16.04, 16.18, 16.20, 16.22, 17.04, 6.28, 6.32, the Sacramento County Zoning Code, and Health and Safety Code Section 24400. A comparable abatement remedy for nuisance-creating behaviors is needed.
D. 
Neighborhood health and safety must be protected in a way which does not promote housing discrimination or promote evictions based on prejudice, unfounded fears, or personal animosities.
E. 
Nothing in this ordinance exempts property owners from strict compliance with state housing law on evictions, retaliatory conduct or discriminatory conduct, or invasion of privacy.
F. 
This ordinance does not supersede state or federal laws with respect to discrimination, evictions, privacy and retaliatory conduct.
(SCC 1102 § 1, 1998; SCC 1578 § 36, 2015)
A. 
The purpose of this article is to put in place a remedy which will permit the County to take effective, efficient judicial or administrative actions against property owners who permit nuisance-creating behaviors to occur on their properties on a continuing basis, in order to compel such owners to abate the nuisance-creating behaviors.
B. 
Provisions of this article are intended to be supplementary and complementary to all of the other provisions of the County Code and state law and all remedies set forth herein shall be cumulative to other remedies which may be available under the County Code or state law.
C. 
Provisions of this article shall apply generally to all property located in the unincorporated areas of the County of Sacramento wherein any of the nuisances hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this article, but which is duly authorized under any county, state or federal law, shall not be deemed to violate this article.
The provisions of this article shall not apply to activities which constitute a bona fide exercise of constitutional rights.
(SCC 1102 § 1, 1998; SCC 1578 § 37, 2015)
A. 
Every owner of real property within the unincorporated areas of the County is required to use reasonable care in the management of their property in a manner so as not to violate the provisions of this Code, and the owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding the property.
B. 
Every occupant, lessee, guest or holder of any possessory interest in real property is required to behave in a reasonable manner so as to not create a nuisance on the property, and supervise any guests on the property in a manner so as not to violate the provisions of this Code.
(SCC 1102 § 1, 1998; SCC 1578 § 38, 2015)
The Sacramento County Sheriff, or the Sheriff's designee (hereinafter "sheriff") and the Director of the Sacramento County Department of Planning and Community Development, or the Director's designee (hereinafter "director"), shall administer the provisions of this chapter.
Hearings or appeals of the sheriff's or director's orders shall be heard by a Hearing Officer appointed pursuant to the provisions of Section 16.18.204 of Chapter 16.18.
(SCC 1102 § 1, 1998)
Nothing in this ordinance precludes any party from exercising their rights under other state, federal and local laws.
(SCC 1102 § 1, 1998)
It is hereby declared a public nuisance and a violation of this Code for any person, firm or corporation, whether owner, lessee, guest, sublessor, sublessee or occupant of any premises in this County to maintain those premises in such a manner that any one or more of the activities described in the following subsections are found to occur repeatedly thereon:
A. 
The illegal sale of controlled substances and other illegal drugs and substances which creates a public nuisance as defined in Civil Code Sections 3479 and 3480, and Health and Safety Code Section 11570.
B. 
The illegal use of controlled substances, illegal drugs or substances, or substances injurious to health which create a public nuisance as defined in Civil Code Sections 3479 and 3480, and Health and Safety Code Section 11570.
C. 
The frequent gathering, or coming and going, of people who have an intent to purchase or use controlled substances on the premises.
D. 
The occurrence of prostitution, as defined in Penal Code Sections 11225 and 11230.
E. 
The unlawful activities of a criminal street gang, as defined in Penal Code Section 186.22, 186.22a and 186.25, and Health and Safety Code Section 11570.
F. 
The making or continuing, or causing to be made and continued, of any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards set forth in Sacramento County Code Chapter 6.68 shall be considered in determining whether a violation of this subsection exists.
G. 
The firing of gunshots or brandishing of weapons by a resident on the premises, or by a guest of a resident. The standards set forth in Sacramento County Code Chapter 9.40 shall be considered in determining whether a violation of this Code exists.
(SCC 1102 § 1, 1998; SCC 1578 § 39, 2015)
A. 
Whenever the sheriff or director has inspected or caused to be inspected any premises and has found and determined that the premises are in violation of this Code, the sheriff or director may issue a citation and order to abate the nuisance as provided in Section 16.18.1409 herein. Before a citation and order is issued, the sheriff or director shall communicate in writing with the owner to request that the owner voluntarily cooperate with the County to abate the nuisance. Upon receipt of the written communication, the owner shall contact the sheriff or director within 15 days (unless good cause otherwise shown) for the purposes of acknowledging receipt of the communication and for discussion of resolving the nuisance cited by the sheriff or director. Failure to contact the sheriff or director may result in the issuance of a citation and order pursuant to Section 16.18.1409.
B. 
No citation and order shall be issued hereunder if the owner is making good faith efforts to abate the nuisance within 30 days of receipt of the initial written communication from the sheriff or director. Indicia of good faith may include, but shall not be limited to: (1) prompt responses to County communications and requests; (2) active professional property management; (3) submitting and implementing a written commitment, in consultation with the sheriff or director, which states what the property owner intends to do to abate the nuisance and sets forth a reasonable time line to accomplish those goals; (4) taking and accomplishing the steps outlined in the written commitment to repair physical or behavioral conditions which contribute to the nuisance in a reasonable time and in compliance with a time line which is approved by the Director and/or the sheriff; or (5) providing the Director and/or the sheriff with weekly progress reports at the time and in the manner requested by the Director and/or sheriff.
C. 
Notice Requirements.
1. 
Whenever the sheriff or director sends a written notice to an owner or manager of rental residential property, the written notice shall specifically describe the nuisance alleged, including, when known, the name or names, addresses and unit numbers of the person or persons allegedly causing the nuisance. The director or sheriff shall concurrently give a copy of any written notice to the specific tenant(s) or unit and the Executive Director of the Human Rights Fair Housing Commission as described in subparagraph (3). Notice need not be given to the specific tenant or unit when the sheriff or director determines that doing so would endanger persons or compromise an ongoing police investigation.
2. 
Whenever the sheriff or director issues a citation and order to abate a nuisance, the citation and order shall specifically describe the nuisance and the County's remedies under this Code. The citation and order shall also state that tenants may contact the sheriff or director to provide or receive information about their building. The notice or citation and order shall also state that tenants who are served with 30 day eviction notices shall have the right to an informal meeting with the Director of Human Rights/Fair Housing Commission as described in subparagraph (3). The tenant must contact the Director of Human Rights/Fair Housing as described in subparagraph (3) within 15 days (unless good cause otherwise shown) of receiving the eviction notice for the purpose of appealing the termination. The director or sheriff shall concurrently issue the citation and order to the tenants of the cited property by posting a copy of the notice or citation and order on each of the building(s) located thereon.
3. 
The Executive Director of the Human Rights/Fair Housing Commission, or the Executive Director's designee, shall hold an informal meeting pursuant to subparagraphs (C)(1) and (2) no later than five business days after the tenant's request. At the meeting, the tenant shall be given the opportunity to demonstrate that he or she is not causing a nuisance. The Executive Director, or the Executive Director's designee, shall mail certified copies of a letter describing the results of the informal meeting to the tenant, the owner, and the Director or sheriff within two business days after the meeting.
The Executive Director will forward to the Director or sheriff each month a statistical summary of all informal meetings held.
4. 
The sheriff or director shall post all notices of subsequent proceedings and actions pursuant to this chapter on all of the buildings located on the property.
(SCC 1102 § 1, 1998; SCC 1578 § 40, 2015)
A. 
The citation and order shall contain:
1. 
The street address and such other description as required to identify the premises.
2. 
A statement specifying with particularity the behaviors which constitute the nuisance and the actions which the sheriff or director orders the record owner to take to abate the nuisance.
3. 
A statement advising the owner to abate the nuisance within 60 calendar days of mailing of the citation and order, or such longer time as the sheriff or director may order. An extension of time to abate the nuisance shall be granted if the owner is making good faith efforts to abate the nuisance and those efforts are delayed due to judicial proceedings relating to the property.
4. 
A statement advising the owner that he or she has the right to request a hearing to contest the citation and order.
5. 
A statement advising the owner that an administrative penalty in an amount not to exceed $5,000.00 may be imposed upon the owner and made a lien on the property involved if the nuisance is not abated as required by the citation and order and no written request for hearing is filed within 30 days of receipt of the citation notice.
6. 
A statement advising the owner that an owner may not retaliate against any tenant, as set forth in Civil Code Section 1942.5.
7. 
A statement that in responding to the citation and order, the owner should comply with all applicable federal, state, and local regulations relating to evictions and prohibitions against discrimination.
8. 
A statement advising the owner that when the proceedings under this Code result in the correction of a violation of this Code or in a final abatement order that a violation exists subsequent to the date specified in any notice issued pursuant to this Code, costs of such proceedings incurred by the County may be assessed against the property. Such costs may include, but not by way of limitation, those incurred in inspecting the property, publication, mailing and posting of notices, conducting hearing, processing appeals and pursuing any judicial action.
9. 
A statement advising that the tenant(s) have the right to contest the allegations of nuisance at an informal meeting with the Executive Director of the Human Rights/Fair Housing Commission as described in Section 16.18.1408(C)(3).
B. 
The citation and order shall be served and proof of service shall be made in the same manner as provided in subSection 16.18.1413(B).
C. 
Recovery of the cost to abatement a nuisance under this Code is governed by Sacramento County Code Sections 16.18.1001 through 16.18.1007.
D. 
The citation and order shall state that a written abatement plan executed by the owner and director shall be deemed to be a final order of the Hearing Officer.
(SCC 1102 § 1, 1998; SCC 1578 § 41, 2015)
A. 
After the time for abatement set forth in the citation and order has expired, the sheriff or director shall determine whether the owner has taken the action ordered by the sheriff or director and whether the nuisance has been abated. If the sheriff or director determines that the nuisance has been abated, the owner and any occupants other than the owner shall be notified in writing of such determination and the citation shall be dissolved.
B. 
If the sheriff or director determines that the nuisance has not been abated, the sheriff or director may seek to impose an administrative penalty of up to $5,000 as provided in Sacramento County Code Section 16.18.205. Notice of any administrative penalty shall be served and proof of service shall be made in the same manner as provided in Sacramento County Code Section 16.18.503(B) and (C), herein. The notice shall provide that any administrative civil penalty imposed shall be administratively reviewed by a Hearing Officer before it is enforced. In addition, the sheriff or director may issue another citation and order to the owner pursuant to Sacramento County Code Section 16.18.1408.
(SCC 1102 § 1, 1998; SCC 1578 § 42, 2015)
The property owner has the right to request a hearing to contest any citation and order issued by the sheriff or director.
(SCC 1102 § 1, 1998)
A. 
All requests for hearing shall be made to the sheriff or director.
B. 
A request for hearing to contest a citation and order shall be made in writing within 30 calendar days after mailing of the citation and order.
C. 
If a request for hearing is not filed within the time period set forth in subdivision (B) above, the citation shall be deemed a final order of the Hearing Officer.
(SCC 1102 § 1, 1998; SCC 1578 § 43, 2015)
A. 
Upon the owner's request for a hearing, the Director or sheriff shall issue a hearing notice. The notice shall contain:
1. 
A copy of the citation and order;
2. 
A copy of the notice of administrative penalty, where applicable;
3. 
An order to the owner to appear before a Hearing Officer at a stated time, but in no event less than 20 calendar days after mailing of the hearing notice;
4. 
A list of the actions which the sheriff or director intends to ask the Hearing Officer to order the owner to take if the matter is not resolved before the hearing. Nothing shall prevent the Hearing Officer from ordering other actions not listed in the hearing notice, but the owner shall have the right to ask for a supplemental hearing on such other actions as set forth in Sacramento County Code Section 16.18.1422;
5. 
A statement that all interested persons may attend and testify at the hearing;
6. 
A statement advising the owner that he or she may be responsible for all costs incurred by the County for any abatement hearing.
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 Director. At the discretion of the sheriff or director, copies of the notice may also be mailed to the owner by first class mail or mailed to any holder of an interest in the property or a mortgage, deed of trust, or other lien or encumbrance of record.
In lieu of personally serving the owner or service by certified mail, service of the notice and any amended or supplemental notice may be made as follows:
1. 
In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. In lieu of personal delivery of a copy of the notice, a notice or any amended or supplemental notice may be served by leaving a copy during usual office hours in his/her office with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy of the notice to the owner at the address where the copy was left.
2. 
In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager, or rental agency overseeing the premises, substituted service may be made as set forth in (1) above upon the property manager or rental agency.
3. 
If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.
4. 
If the owner of the property cannot be located after a diligent search, service may be made by publication in a Sacramento newspaper of general circulation which is most likely to give actual notice to the owner.
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 which service was made.
D. 
Failure to effect service on any person specified herein shall not invalidate proceedings against any person who is properly served.
(SCC 1102 § 1, 1998; SCC 1578 § 44, 2015)
At the time set for hearing, the Hearing Officer shall proceed to hear the testimony of county staff, the owner, any tenants and other persons respecting the nuisance-creating behavior on the premises and the steps necessary to abate the nuisance, or the imposition of an administrative penalty pursuant to Sacramento County Code Section 16.18.205.
(SCC 1102 § 1, 1998)
A. 
The proceedings at the hearing shall be recorded 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 1102 § 1, 1998; SCC 1578 § 45, 2015)
The Hearing Officer may grant continuances from time to time for good cause shown.
(SCC 1102 § 1, 1998)
The Hearing Officer shall administer the oath or affirmation.
(SCC 1102 § 1, 1998)
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 1102 § 1, 1998)
A. 
Each party may represent themselves, or be represented by anyone of their choice.
B. 
If a party does not proficiently speak or understand the English language, the party may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearings.
(SCC 1102 § 1, 1998; SCC 1578 § 46, 2015)
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 1102 § 1, 1998)
A. 
The hearing examiner may inspect the premises involved in the hearing prior to, during or after the hearing, provided that:
1. 
Consent is granted by a person with the lawful right to grant consent or an inspection warrant is obtained;
2. 
Reasonable notice of such inspection shall be given to the parties before the inspection is made;
3. 
The parties are given an opportunity to be present during the inspection;
4. 
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; and
5. 
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 1102 § 1, 1998; SCC 1578 § 47, 2015)
A. 
If it is shown by a preponderance of the evidence that behaviors occurring on the premises constitute a public nuisance and that the owner of the premises has not taken adequate steps to abate the nuisance as prescribed by the sheriff or director, the Hearing Officer shall issue a written decision, not later than 15 days from the hearing date, declaring the premises a public nuisance. The Hearing Officer may order the owner to take such action it deems appropriate to abate the nuisance. The actions ordered shall be reasonable and may include, but shall not be limited to:
1. 
Provision of additional exterior lighting;
2. 
The posting of security personnel on the premises;
3. 
Installation of appropriate fencing;
4. 
Posting of signs on the premises, and provisions in rental applications and agreements, which state that illegal use of controlled substances and other nuisance-creating behavior on the premises shall be grounds for eviction;
5. 
Hiring a competent property management firm to manage the property;
6. 
Hiring of a competent resident manager who has experience, education, and training in rental property management;
7. 
Make available to the tenants the telephone number and name of the owner or of a local property manager who is authorized to make decisions relating management of the property;
8. 
Obtaining education and training in rental property management;
9. 
Other such reasonable actions as may be deemed appropriate by the Hearing Officer.
B. 
The Hearing Officer shall not have the authority to order that the owner evict a tenant or any other person from the premises.
C. 
If the Hearing Officer orders the owner to take specified actions to abate the nuisance, the Director or sheriff shall review the owner's compliance with the Hearing Officer's order pursuant to Sacramento County Code Section 16.18.1411.
D. 
The decision shall inform the owner that if the nuisance is not abated within the time specified and the owner has not complied with all orders of the Hearing Officer, and an administrative penalty has not already been imposed, that an administrative penalty in an amount not to exceed $5,000 may be imposed upon the owner pursuant to Sacramento County Code Section 16.18.205.
E. 
If the decision orders the owner to take any actions which were not listed in the hearing notice, the decision shall specifically designate those actions, and if the owner objects to those actions as unnecessary or infeasible, the owner may request a supplemental hearing before the Hearing Officer on the subject of the appropriateness of those actions only, by filing a request with the Director within 15 calendar days after the decision is mailed to the owner. A request for supplemental hearing shall not stay the Hearing Officer's order to take actions which were listed in the hearing notice.
F. 
The decision of the Hearing Officer shall be final. The decision shall inform the owner that the time for judicial review of the Hearing Officer's decision is governed by California Code of Civil Procedure Section 1094.6.
G. 
The decision 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 sheriff or department head.
H. 
The decision shall be posted on the premises and served upon the owner by personal delivery or by certified mail return receipt requested, and shall be sent by first class mail to any occupants other than the owner, any 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. The decision shall be final when signed by the hearing examiner and served as herein provided. Failure to serve the decision on any person specified shall not invalidate proceedings against any person who is properly served.
(SCC 1102 § 1, 1998; SCC 1578 § 48, 2015)
After any order of the Hearing Officer made pursuant to this Code shall have become final, no owner to whom any such order is directed shall fail, neglect or refuse to obey such order. The County may commence appropriate judicial action against any owner who fails to abate a nuisance pursuant to the order of the Hearing Officer.
(SCC 1102 § 1, 1998)
Recovery of costs of abatement are governed by Sacramento County Code Sections 16.18.1000 through 16.18.1007.
(SCC 1102 § 1, 1998)
The administrative penalty shall be due and payable within 30 days after the decision of the Director becomes final or within 30 days after the Hearing Officer's decision is issued. If the penalty is not timely paid, the County may pursue all reasonable and legal means in collecting those sums authorized and due.
No owner shall pass on to tenants penalties incurred pursuant to this article. Costs of capital improvements and security and safety enhancements may be passed on.
(SCC 1102 § 1, 1998)
All costs and administrative penalties received by the County pursuant to this article shall be used exclusively for administration and enforcement of this article.
(SCC 1102 § 1, 1998)