A.
Any act or condition that violates this chapter 9A shall constitute a public nuisance subject to abatement cost recovery procedures
set forth in Government Code Section 54988. Any person, whether as principal, agent,
employee, or otherwise, who maintains any premises in violation of any provision of
this Code shall be liable for and obligated to pay to the county all costs incurred
by the county in obtaining abatement or compliance which is attributable to or associated
with the enforcement or abatement action, whether such action is administrative, injunctive,
or legal, and for all damages suffered by the county, its agents, officers, and employees
as a result of such violation or efforts to abate the violation.
B.
When an administrative fine or penalty becomes a final administrative order pursuant
to County Code section 24A-7 or upon confirmation of the order pursuant to Government Code Section 53069.4(c),
and at the subsequent conclusion of the enforcement action, the director of planning
and development shall send a summary of costs/billing statement associated with enforcement
to the owner of the subject property and/or responsible party by certified mail, or
other service methods in accordance with California Code of Civil Procedure Section
415.20, as amended.
C.
Any owner of the property who receives a summary of costs/billing statement shall
have the right to a hearing before the director of planning and development on their
objections to the costs. The request for hearing shall be filed in writing within
ten (10) working days of personal service or the date of mailing of the billing statement.
The director shall hold a hearing on the objections within thirty (30) days of the
request for a hearing.
D.
In determining the validity of costs assessed, the director shall consider whether
total costs are reasonable in the circumstances of the case. Factors to be considered
shall include, but are not limited to, whether the present owner created the violation;
whether there is a present ability to correct the violation; whether the owner moved
promptly to correct the violation; the degree of cooperation or lack thereof provided
by the owner; and whether reasonable minds can differ as to whether a violation exists.
E.
In the event that no request for a hearing has been filed, or after a hearing, the
director determines the validity of the costs, the billing statement shall be a final
order and the owner shall be liable to the county in the amount stated in the billing
statement or as determined by the director in the hearing.
F.
If the final order on a summary of costs has not been paid within forty-five (45)
days of notice thereof, these costs shall be recoverable in a civil action in the
name of the county, in any court of competent jurisdiction within the county, or by
recording a lien against the property that is the subject of the enforcement activity
pursuant to California Government Code Section 54988 et seq.
