Any property found by the enforcement officer to be maintained in violation of Title 17 is declared to be a public nuisance and shall be abated by rehabilitation, removal, demolition, or repair pursuant to the procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive and shall not in any manner limit or restrict the county from enforcing other county ordinances or abating public nuisances in any other manner provided by law.

(Ord. 2004-13 § 2 (part))

Whenever the enforcement officer determines that any property within the county is being maintained contrary to one or more of the provisions of Title 17, the enforcement officer shall give written notice in accordance with provisions of Section 17.59.030 covering service in person or by mail.

(Ord. 2004-13 § 2 (part))

Notice to abate shall be provided in person or by pre-paid certified mail, return receipt requested and shall include a copy of this chapter and a statement describing the section(s) found to be violated. It shall further set forth a reasonable time for correcting the violation(s), but in no event less than ten nor more than sixty (60) calendar days and may also set forth suggested methods of correcting the same. The enforcement officer shall inspect the property within the time limit for correcting the violation(s) to determine whether the violation(s) has been corrected. If the property is found to be in compliance with this chapter, the matter will be dropped and no further enforcement action taken. If the property is not found to be in compliance with this chapter, further enforcement action shall occur as set forth herein.

(Ord. 2004-13 § 2 (part))

(Ord. No. 2009-32, 7-21-09)

In the event said owner shall fail, neglect or refuse to comply with notice to abate a nuisance, an administrative hearing shall be conducted.

(Ord. 2004-13 § 2 (part))

Notice of said hearing shall be served upon the owner not less than seven calendar days before the time fixed for the hearing. Notice of hearing shall be served in person, or by prepaid certified mail, return receipt requested to the owner's last known address. Service shall be deemed to be complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. Notice shall be substantially in the format set forth below.

COUNTY OF ALAMEDA
NOTICE OF ADMINISTRATIVE HEARING
ON ABATEMENT OF NUISANCE

This is a notice of hearing before the board of zoning adjustments to ascertain whether certain property situated in the County of Alameda, state of California, known and designated as (street address) in said county and more particularly described as (assessor's parcel number) constitutes a public nuisance subject to abatement by the rehabilitation of such property or by the repair removal or demolition and removal of buildings situated hereon. If said property in whole or part, is found to constitute a public nuisance as defined in this chapter and the same is not promptly abated by the owner, such nuisance may be abated by the County of Alameda, in which case the cost of such rehabilitation, repair, removal or demolition will be assessed upon such property and such costs together with interest thereon, will constitute a lien upon such property until paid; in addition, you the owner(s) may be cited for violation of the provisions of county ordinances and subject to a fine.

Said alleged conditions consist of the following:

In violation of Alameda County General Ordinance Code section(s):

The recommended method(s) of abatement are:

All persons having an interest in said matters may attend the hearing and their testimony and evidence will be heard and given due consideration.

Dated this ________ day of ________, 20 _____ .

Board of Zoning Adjustments

Time and Date of Hearing: _____

Location of Hearing: _____

(Ord. 2004-13 § 2 (part))

(Ord. No. 2010-71, § 110, 12-21-10)

At the time stated in the notice, the board of zoning adjustments shall hear and consider all relevant evidence, objections or protests, and shall receive testimony relative to such alleged public nuisance and to proposed rehabilitation, repair, removal or demolition of such property. Said hearing may be continued from time to time.

If the board of zoning adjustments finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, remove or repair the nuisance, the enforcement officer shall prepare findings and an order for the board of zoning adjustments adoption, which shall specify the nature of the nuisance, the methods(s) of abatement and the time within which the work shall be commenced and completed which shall not exceed sixty (60) calendar days. The order shall include reference to the right to appeal set forth in Section 17.59.090

(Ord. 2004-13 § 2 (part))

A copy of the findings and order shall be served on all owners of the subject properly in the same manner as provided for notice of hearing in Section 17.59.050. In addition, a copy of the findings and order shall be forthwith conspicuously posted on or near the property.

(Ord. 2004-13 § 2 (part))

In the absence of any appeal, the nuisance shall be abated in the manner and means specifically set forth in said findings and order. In the event the owner fails to abate the nuisance as ordered, the enforcement officer shall cause the nuisance to be abated by county employees or private contract. The costs shall be billed to the owner as specified in Section 17.59.140.

(Ord. 2004-13 § 2 (part))

The owner(s) may appeal to the Alameda County Board of Supervisors the board of zoning adjustments findings and order by filing an appeal with the clerk of the board within ten calendar days from the date of service of the board of zoning adjustments decision. The appeal shall contain:

A.

A specific identification of the subject property;

B.

The names and addresses of all appellants;

C.

A statement of appellant's legal interest in the subject property;

D.

A statement of ordinary and concise language of the specific order or action protested and the grounds for appeal, together with all material facts and support thereof;

E.

The date and signatures of all appellants; and

F.

The verification of at least one appellant as to the truth of the matters stated in the appeal.

As soon as practicable after receiving the appeal, the clerk of the board shall set a date for the Board of Supervisors to hear the appeal which date shall not be less than seven calendar days from the date the appeal was filed. The clerk of the board shall give each appellant written notice of the time and the place of the hearing at least five calendar days prior to the date of the hearing either by causing a copy of the notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address(es) shown on the appeal. Continuances of the hearing from time to time may be granted by the Board of Supervisors on request of the owner for good cause shown, or on the Board of Supervisors' own motion.

(Ord. 2004-13 § 2 (part))

(Ord. No. 2010-71, § 111, 12-21-10)

Upon the conclusion of the hearing, the Board of Supervisors shall determine whether the property or any part thereof as maintained constitutes a public nuisance if a public nuisance is found the Board of Supervisors shall adopt a resolution declaring such property to be a public nuisance setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired or demolished and removed in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than three calendar days. The decision and order of the Board of Supervisors shall be final.

(Ord. 2004-13 § 2 (part))

A copy of the resolution of the Board of Supervisors ordering the abatement of said nuisance shall be served upon the owner of said property in the same manner as provided for notice of hearing in Section 17.59.050. Upon abatement in full by the owner as determined by the county the proceeding hereunder shall terminate.

(Ord. 2004-13 § 2 (part))

Any action appealing the Board of Supervisors decision and order shall be commenced within thirty (30) calendar days of the date of service of the decision.

(Ord. 2004-13 § 2 (part))

A.

All hearings shall be electronically tape recorded.

B.

Hearings need not be conducted according to the California Code of Evidence.

C.

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in the state.

D.

Irrelevant and unduly repetitious evidence shall be excluded.

(Ord. 2004-13 § 2 (part))

(Ord. No. 2010-71, § 112, 12-21-10)

A.

If such nuisance not abated as ordered within said abatement period, the enforcement officer shall cause the same to be abated by county employees or private contract. The enforcement officer, county employees and/or private contractor are expressly authorized to enter upon said property for such purposes. The cost of abating the nuisance shall be billed to the owner and shall become due and payable to the enforcement agency thirty (30) calendar days thereafter.

B.

No person(s) shall obstruct, impede or interfere with the enforcement officer or designated representative, or with any person who owns or holds any interest or estate in any property in the performing of any necessary act, preliminary to or incidental, carrying out an abatement order issued pursuant to Sections 17.59.010, 17.59.050 and 17.59.080.

(Ord. 2004-13 § 2 (part))

No property shall be found to be a public nuisance under Section 17.59.010 and ordered demolished unless there is no reasonable way other than demolition and removal to correct such nuisance, as determined by the county.

(Ord. 2004-13 § 2 (part))

A copy of any order or resolution requiring abatement by demolition under Sections 17.59.060 and 17.59.100 shall be recorded with the Alameda County recorder.

(Ord. 2004-13 § 2 (part))

The enforcement officer shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done by or under contract with the county and shall render an itemized report in writing to the Board of Supervisors showing the cost of abatement, including the rehabilitation, demolition and all nuisances removed; or repair of said property provided that before said report is submitted to the Board of Supervisors copy of the same shall be posted for at least five days upon or in front of property hereinafter described, to be removed, repaired or demolished in order to abate a public nuisance on said real property together with a notice of the time when said report shall be heard by the Board of Supervisors for continuation. A copy of said report and notice shall be served upon the owner of said property in accordance with the provisions of Section 17.59.050 at least five calendar days prior to submitting the same to the Board of Supervisors. Proof of said posting and service shall be made by affidavit filed with the clerk of the board.

(Ord. 2004-13 § 2 (part))

A.

The total cost of abating such nuisance as so confirmed by the Board of Supervisors, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

B.

After such confirmation and recordation, a certified copy of the Board of Supervisors' decision shall be filed with the Alameda County auditor-controller. For filings made on or before August 1st each year, it shall be the duty of said auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes and thereafter said amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary property taxes. Filings made after August 1st shall apply to the following year's regular tax bills. All laws applicable to the levy collection and enforcement of property taxes shall be applicable to such special assessment.

C.

In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

D.

Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN

(Claim of County of Alameda)

Pursuant to the authority vested by the provisions of Section _______ of Alameda County Ordinance No_______, the board of zoning adjustments of the County of Alameda did on or about the day of ____________, 20_____ cause the property hereinafter described, to be rehabilitated or the building or structure on the property hereinafter described, to be removed, repaired or demolished in order to abate a public nuisance on said real property; and the Board of Supervisors of the County of Alameda did on the day of ________, 20____, assess the cost of such rehabilitation, removal, repair or demolition upon the real property hereinafter described, and the same has not been paid nor any part thereof, and that said County of Alameda does hereby claim a lien on such rehabilitation, removal, repair or demolition in the amount of said assessment, to wit the sum of $ ____________; and the same, shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the County of Alameda, state of California, and particularly described as follows:

(description)

Dated this ____ day of ____________, 20___.

Board of Zoning Adjustments, County of Alameda.

(Ord. 2004-13 § 2 (part))

(Ord. No. 2010-71, § 113, 12-21-10)

Nothing in this chapter shall be deemed to prevent the Board of Supervisors from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law.

(Ord. 2004-13 § 2 (part))

(Ord. No. 2010-71, § 109, 12-21-10; Ord. No. 2009-32, 7-21-09)

A.

Any person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person and shall be punishable accordingly.

B.

The enforcement officer shall have the power to designate particular officers or employees to enforce particular provisions of this title. Officers or employees so designated shall have the authority to impose fines and/or fees.

C.

If the planning director determines that a nuisance does not necessitate immediate summary abatement under the procedures set forth in Section 17.59.040 et seq., the nuisance shall be deemed a violation and fines or fees will be imposed on the owner of the property and/or anyone known to the planning director to be in possession of the property.

D.

The following is a schedule of fines and fees:

The owner(s) may appeal to the board of zoning adjustments any fines or fees imposed by the enforcement officer by filing an appeal with the planning department within ten calendar days from the mailing date of written notification of the action. Staff time shall be billed at the rate noted on the most current Alameda County Community Development Agency Planning Department Billable Rate schedule.

(Ord. 2004-13 § 2 (part))

(Ord. No. 2009-32, 7-21-09)