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File #: 16-1289    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 12/27/2016 In control: County Counsel
On agenda: 1/10/2017 Final action:
Title: Adoption of Ordinance Revising County Code Chapter 8.75, Revising Public Nuisance Abatement Procedures Applicable to Multiple Departments (Sponsors: County Counsel and Planning and Building Services)
Attachments: 1. Ordinance 4373, 2. 8.75 Ordinance (Nuis Abate).pdf, 3. Proof of Publication Ord 8.75.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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To:  Board of Supervisors

FromCounty Counsel and Planning and Building Services

Meeting DateJanuary 10, 2017

 

Department Contact:  

Michael Makdisi

Phone: 

234-6885

Department Contact:  

Steve Dunnicliff

Phone: 

234-6650

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

Agenda Title:

title

Adoption of Ordinance Revising County Code Chapter 8.75, Revising Public Nuisance Abatement Procedures Applicable to Multiple Departments (Sponsors: County Counsel and Planning and Building Services)

End

 

Recommended Action/Motion:

recommendation

Adopt the ordinance revising Chapter 8.75, revising public nuisance abatement procedures; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

Board of Supervisors referred this matter to the General Government Committee on November 14, 2016; General Government Committee referred this matter to Board of Supervisors on December 12, 2016. The Board of Supervisors introduced and waived reading of the ordinance on December 19, 2016.

 

Summary of Request

County Counsel and PBS propose this code enforcement ordinance, which revises Chapter 8.75, to simplify and clarify the existing public nuisance abatement process. It creates a more efficient and workable procedural framework with a retained core focus on code compliance through actual abatement by County. Key provisions: describes administrative abatement procedure; provides alternate service procedures and new procedural timelines; removes administrative penalties provisions; clarifies appeal procedure; removes referral to hearing board and refers only to hearing officers; clarifies hearing officer position and role; allows attorney representation at hearings; clarifies hearing procedures and determination after hearing; clarifies abatement procedure by County; clarifies procedure to recover County’s costs of abatement; clarifies procedure  to request hearing and subsequent determination after hearing regarding cost recovery; clarifies County’s remedies to collect costs through special assessment and abatement lien, and requires a resolution by the Board; reorganizes chapter for clarity and flow. This ordinance is based on the approval of the proposed ordinance creating Office of County Hearing Officer.  County Counsel recommends alternative action, below, if such ordinance was not approved.

 

Alternative Action/Motion:

Provide further direction to staff or take no action.

 

Supplemental Information Available Online at: N/A

 

 

Fiscal Impact:

Source of Funding: N/A

Budgeted in Current F/Y: No

 

Current F/Y Cost: N/A

Annual Recurring Cost: N/A

 

 

 

 

Supervisorial District:  All

Vote Requirement:  Majority

 

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Alan D. Flora, Assistant CEO

 

 

CEO Review: Yes 

 

 

Comments: