In any action, administrative proceeding, or special proceeding to abate a nuisance under this Chapter, attorney's fees may be recovered by the prevailing party. Recovery of attorneys' fees by the prevailing party is limited to those actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. 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.
(Amended by Ord. No. 3564, effective 7-4-19)
(a) 
Any County department which abates a public nuisance pursuant to this Chapter shall keep an accounting of the cost of each abatement, and shall prepare a statement of expenses in writing showing the cost of abatement and the applicable cost of administration. If real property under more than one ownership has been included in an overall abatement project, the statement of expenses shall show such costs for the property owned by each owner separately. The statement of expenses or its supporting attachments shall include the following information:
(1) 
Name(s) of the contractor(s) who performed the abatement;
(2) 
Dates when abatement activities were conducted on the real property, and information about what activities were conducted on which dates;
(3) 
Number of individuals who worked on each type of abatement activity on the property;
(4) 
Total number of hours the contractor's employees/agents spent on each type of abatement activity;
(5) 
Rate for each type of abatement activity performed;
(6) 
Itemized list of other fees or charges incurred in conducting the abatement, including, but not limited to, dump fees or travel fees; and
(7) 
Costs of administration, including any applicable postage and attorneys' fees.
(b) 
The County shall mail a copy of the statement of expenses, and a notice explaining the right to appeal the statement of expenses, to the County Hearing Officer as provided in section 4-01-1380 of this Chapter, to the owner of the affected real property at the address provided in section 4-01-1150 of this Chapter, unless the owner has otherwise requested in writing, and to any mortgagee, lienholders of record, or beneficiary under a deed of trust.
(Amended by Ord. No. 3564, effective 7-4-19)
(a) 
The owner of the affected real property, or other individual with a legally protected interest in the affected real property, may appeal for a modification of the statement of expenses to the County Hearing Officer. Any appeal to the County Hearing Officer shall be in writing and shall be filed with the Clerk of the Board within ten (10) calendar days after the date of mailing of the notice and statement of expenses. An appeal shall specifically set forth the grounds of the appeal. At the time of filing the appeal, the appellant shall pay a fee adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the Board of Supervisors. The appellant may request a waiver of the fee pursuant to section 1-31-1060 of this Code.
(b) 
The Clerk of the Board shall mail notice to the appellant of the date and time that the County Hearing Officer will hear the appeal, which date shall be not less than ten (10) calendar days after the date of mailing the notice.
(c) 
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 statement of expenses is accurate and reasonable.
(Amended by Ord. No. 3564, effective 7-4-19)
(a) 
At the time fixed by the Clerk of the Board, the County Hearing Officer shall hear the appeal on the statement of expenses. The owner may appear and be heard on the questions of whether the statement of expenses and the costs included are accurate and reasonable.
(b) 
The report of the statement of expenses shall be admitted into evidence. The owner shall bear the burden of proving that the statement of expenses is not accurate or reasonable.
(c) 
The hearing shall be conducted in the manner prescribed in Chapter 31 of Part I of this Code.
(Amended by Ord. No. 3564, effective 7-4-19)
The County Hearing Officer may make such modifications in the statement of expenses as he or she deems necessary based on the evidence at the hearing, and thereafter shall confirm the statement of expenses in a written decision.
(Amended by Ord. No. 3564, effective 7-4-19)
(a) 
The owner of the real property shall be liable for the cost of the abatement, including the cost of administration, and any applicable attorney's fees, as so determined.
(b) 
The Board may order that the cost of abating public nuisances pursuant to this Chapter, and the applicable costs of administration, and any applicable attorney's fees, be placed on the County tax roll by the County Auditor as special assessments against any applicable real property, or placed on the unsecured roll, and collected at the same time and in the same manner as ordinary county taxes are collected, if such costs and fees are not paid within five (5) days following service of the County Hearing Officer's decision under section 4-01-1385 or 4-01-1390. The Board may also order that a notice of abatement lien be recorded against any applicable real property until such costs and fees have been paid in full.
(c) 
Recovery of costs and fees pursuant to this section shall be in addition to and shall not limit any prevailing party's right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law.
(Amended by Ord. No. 3564, effective 7-4-19)
The Board may order that the payment of the cost of abating nuisances pursuant to this Chapter, and the applicable costs of administration, and any applicable attorney's fees, become a condition precedent to the issuance of any and all pending or future permits or entitlements for use requested from the County by any person found responsible for the payment of such costs.
(Amended by Ord. No. 3564, effective 7-4-19)
As authorized by Government Code section 25845.5, upon 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 this Chapter, except for conditions abated pursuant to section 17980 of the Health and Safety Code, a court may order the owner to pay treble the costs of the abatement.
(Amended by Ord. No. 3564, effective 7-4-19)