HomeMy WebLinkAbout1914Urdinance No . ~91G~
AN ORDINANCE ADDING CHAPTER 32 TO THE BUTTE COUNTY
CODE RELATIVE TO ABATEMENT OF A PUBLIC NUISANCE
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The Board of Supervisors of the County of Butte, State of
California, D0. ORDAII~T as, follows
Section 1. That Chapter 32 of the Butte County Code sha11
be added to read as follows:
§32-1. Intent. The board of supervisors has determined
that it is necessary far the public welfare that a procedure be
established by ordinance for the abatement of nuisances.
§32-2. Nuisance defined. Anything which is injurious
to health, or is indecent or offensive to the senses, or an ob-
struction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property, or unlawfully obstructs
the free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin, or any public park,
square, street, or highway, is a nuisance.
§32-3. What is not deemed a nuisance, Nothing which
is done or maintained under the express authority of a statute or
ordinance can be deemed a nuisance.
§32-4. Whenever the Butte County Health Department be-
comes aware of a nuisance., they should immediately investigate the
matter. After such investigation, if the health department deems
that a nuisance does exist, it shall attempt to attain abatement
of said nuisance voluntarily by the person or persons maintaining
the nuisance.
§32-5. In the event the nuisance is not abated volun-
tarily, the health department shall so advise the board of super-
visors.
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1 The board of supervisors shall set a public hearing thereon, which
2 public hearing will be advertised pursuant. to Government Code....
3 §bObl, and by written notice to the person(s) maintaining the
.~ nuisance and to those complaining of said nuisance. In addition,
~ notice of the hearing shall be pasted at or near where the nui~
g sance exists. Notice to the person(s) maintaining the nuisance
~ shall be sufficient if sent to the person(s) who are owners of
8 the property where the nuisance exists as shown by the latest
9 equalized assessment role.
10 §32-b. At said public hearing the board of supervisors
11 shall hear evidence from the health department and any interested
l~ member of the public, and the person(s) allegedly maintaining the
13 nuisance. After the conclusion of the hearing, the board of
14 supervisors shall determine whether or not in fact a nuisance
15 exists, and should the board of supervisors determine that a nui--
16 sance does exist, the board of supervisors may order the abatement
17 thereof.
18 §32-7. Where a nuisance is ordered abated by the board
19 of supervisors, said nuisance must be abated within thirty (30)
~0 days of the order of the board of supervisors unless the board
21 o.f supervisors grants additional time far the abatement. If after
22 a period of thirty days, or the extended time granted by the board
23 of supervisors, the nuisance is not abated, the health department
24 shall enter upon the property in question and abate the nuisance.
~ In abating the nuisance, the health department may utilize its
~8 own employees or may contract to have the work done.
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§32-8. In the event the owners of the property on
......which the nusaxzce.is maintained or the person(s) responsible for
the nuisance wish to appeal the decision of the board of super-
visors, such an action must be brought in a court of competent
jurisdiction within thirty (30} days of the decision of the board
of supervisors.
§32-9. After the work is completed, the health depart-
went shall determine the total cost involved in the abatement,
including the health department`s administrative overhead, and
shall certify said amount to the Butte County Auditor. A copy of
this certification shall be sent to the owners of the property on
which the nuisance had been maintained, and should such owners
wish to contest the amount of the cost, the board of supervisors
shall hear said contest as loan as the-board of supervisors deems
it feasible. At such contest, the board of supervisors shall
hear from the health department, the county auditor, and the com-
plaining party(s), and the board of supervisors' decision on the
matter shall be final. Interest will accrue at the rate of 1/2%
per month if payment is not made within thirty {30) days of
certification, unless appealed, and in such event, interest
s,~a.a~Ll:;~;,..be waived until thirty (30) days after the board of super
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visors' decision pursuant to §32-$.!
§32-10. If the certified costs are not paid by the'
following September 1, the county auditor shall be responsible for
the levy of a special assessment against the parcel(s) on which
Ithe nuisance was abated.
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The assessment shall be collected at the same time and in the same
manner as ordinary county taxes are collected, and shall be subject
to the same penalties and the same procedure and sale in case a
delinquency as provided for, ordinary county taxes. All lams appli-
cable to the levy, collection and enforcement of county taxes shall
be applicable to such special assessment, except that if any real
property to which such cost of abatement relates has been trans-
ferred or conveyed to a bona fide purchaser for value, or if a lie
of a bona fide encumbrancer for value has been created and attache
thereon, prior to the date on which the first installment of such
~taxes-.would become delinquent, then such cast of abatement shall
not result in a lien against such real pro~~erty but instead shall
be transferred to the unsecured roll for collection.
§32-11. -The procedures set out in this chapter are not
~~to be construed' as limiting any other lawful remedy or procedure
,that the County off' any of its departments may wish to utilize.
Section 2. This ordinance shall be and it is hereby
~~declared to be in full force and effect from and after thirty (30}
days after the date of its passage, and before the expiration of
fifteen (15) days after its passage, this ordinance shall be
published once with the names of the members of the Board of
Supervisors voting for and against it in the Oxoville
a newspaper published in
the County of Butte, State of California.
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PASSED AND ADOPTED by the Butte County Baard of
Supervisors this 4th day o~ .. April. 19.78, by the
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following vote:
AYES : Supervisors Le~kf
NOES : Supervisor Mase3.e
ABSENT : None
- NOT VOTING: None
(ATTEST:
CLARK A. NELSON, County Clerk and
e~-afficia Clerk a~ the Board
l ar -~'~ ~~ h 6 ,
_~._
Butte County Board o~ Supervisors