§ 1.16.070. Abatement cost recovery.

A.

All abatement costs, as well as the code violation fee, noncompliance fee, abatement fee, hearing fee if a hearing was conducted under section 1.16.060 of this chapter, including any applicable extension fee, and related penalties or assessments incurred by the county in any enforcement action to abate public nuisances shall be recovered.

B.

Any person, whether acting as a principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator or contractor, or otherwise, who causes, allows or maintains a violation of any provision of a land use ordinance or the rules, regulations, orders, permits or conditions of approval issued pursuant thereto, shall be liable to the county for the abatement costs, fees, penalties and assessments described in subsection a. of this section, and any other damages suffered by the county, its agents and agencies, as a result of such violation.

C.

Successor owners of any real property on which an administrative, civil, criminal or other abatement proceeding has commenced shall be liable to the county for reimbursement of all abatement costs, fees, penalties and assessments described in subsection A. of this section, and any other damages suffered by the county, if a notice of pendency of administrative proceedings or a notice of noncompliance, as set forth in section 1.16.140 of this chapter, was recorded in the office of the county recorder prior to transfer of ownership of the real property to the successor owner.

D.

Records of costs. Each county department shall maintain records of abatement costs and administrative costs incurred and associated with the processing of violations and enforcement of land use ordinances and shall recover such costs from the property owner or any other responsible party as provided herein or by any other legal remedy.

E.

Statement of abatement costs and fees. At any time during the pendency of administrative, civil or criminal enforcement of a violation of a land use ordinance, cost recovery of all abatement costs, fees, penalties and assessments may be recovered through collection, civil action or as follows:

(1)

The enforcement officer shall prepare a verified statement of abatement costs and fees showing all abatement costs, applicable fees set forth in section 1.16.060 of this chapter, administrative costs, administrative citation penalties, civil penalties, assessments and attorneys' fees and shall demand payment of said costs and fees within thirty (30) days. The TLMA director may reduce the amount in the statement of abatement costs and fees prior to issuance.

(2)

The statement of abatement costs and fees shall be issued to the property owner and any other responsible party in the same manner as set forth in section 1.16.090 of this chapter.

(3)

Any property owner or any other responsible party who receives a statement of abatement costs and fees shall have the opportunity to contest the statement of abatement costs and fees by requesting a hearing on such costs and fees. Notice of the opportunity for hearing, together with a form to request a hearing shall be provided with the statement of abatement costs and fees.

F.

Request for hearing. A request for hearing on the statement of abatement costs and fees shall be filed with the issuing county department within ten (10) calendar days of service of the statement of abatement costs and fees, on a form provided by the issuing county department. Failure to properly file a written request for hearing within this time period shall constitute a waiver of the right to appeal the statement of abatement costs and fees.

(1)

The request for hearing shall be accompanied by either an advance deposit of the hearing fee or a request for advance deposit hardship waiver.

(2)

The request for advance deposit hardship waiver shall be filed with the county department that issued the statement of abatement costs and fees on a form provided by the same county department. The request shall be documented by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the enforcement officer the person's actual financial inability to deposit the full amount of the hearing fee in advance of the hearing.

(3)

The requirements of depositing the full amount of the hearing fee shall be stayed for ten (10) days pending a determination by the enforcement officer or the approval of denial of the request for advance deposit hardship waiver.

(4)

The enforcement officer shall issue a written determination listing the reasons for the approval or denial of the request for advance deposit hardship waiver. The written determination shall be mailed to the appellant at the address provided in the request.

(5)

If the enforcement officer denies a request for advance deposit hardship waiver, the appellant shall remit the advance deposit of the hearing fee to the county within fifteen (15) calendar days of the date of mailing of the notice of denial.

(6)

The written determination of the enforcement officer shall be final.

G.

Hearing. The hearing required by this section shall be held before the hearing officer as set forth in section 1.16.100 of this chapter and shall be conducted in the manner set forth therein.

H.

Decision. In determining the validity of the amount set forth in the statement of abatement costs and fees, the hearing officer shall consider whether such costs and fees contained in the statement of abatement costs and fees are reasonable based on the circumstances of the case. A copy of the decision shall be filed with the clerk of the board of supervisors and mailed to the property owner and any other responsible party in the same manner as set forth in section 1.16.090 of this chapter.

I.

Abatement lien and special assessment. If payment is not made within ten (10) days after the hearing officer's decision is issued, the enforcement officer shall transmit the statement of abatement costs and fees and the hearing officer decision to the county auditor, who shall place the amount thereof on the assessment roll as a special assessment to be paid with county taxes, unless sooner paid. At the same time, the enforcement officer shall file with county recorder a notice of abatement lien, describing the real property affected, a summary of the action taken to abate the violative condition(s), if any, and the amount of the lien claimed by the county.

J.

Release of lien or special assessment. Upon payment in full of the abatement costs and fees as set forth in the statement of abatement costs and fees or as decided by the hearing officer the enforcement officer shall execute and record with the county recorder a release of any recorded lien. If an assessment has been placed on the assessment roll and is thereafter paid, the enforcement officer shall notify the county auditor, who shall cancel the assessment on the tax roll.

K.

Reimbursement of costs. The enforcement officer is authorized to pay from funds appropriated to him the cost of a title search to determine the responsible parties, if any, mailing expenses, and abatement costs for all work done or caused to be done in the abatement of the violative condition(s). All such costs shall be included in the verified statement of abatement costs and fees.

L.

Collection. Alternatively, if payment of the amount demanded in the Statement of abatement costs and fees is not received within thirty (30) days, the enforcement officer may refer the debt to a collection agency licensed by the State of California in accordance with California Government Code Section 26220(a), and as may be amended.

(Ord. No. 725.14, § 7, 3-15-2011; Ord. No. 725.15, § 3, 12-11-2018)