* For statutory provisions authorizing pubic bodies to abate public nuisances, see Civil Code § 3494.

This chapter shall be known and cited as the “Nuisance Abatement Ordinance.” (Ord. 362 § 1, 1972).

Any nuisance established by county ordinance may be abated in any action or proceeding, or by any remedy, provided by law. (Ord. 362 § 2, 1972).

The owner of the parcel upon which a nuisance is found to exist and/or the person(s) responsible for the nuisance, shall be liable for all direct costs of abatement, reasonable administrative costs as determined by the board and civil penalties as imposed in accordance with Madera County Code Section 1.12.080 and this chapter. In no event shall the civil penalty assessed be less than five hundred dollars for each violation. (Ord. 362A § 2, 1998).

In any action or proceeding to abate a nuisance, whether by administrative proceedings, judicial proceedings or summary abatement, the prevailing party shall be entitled to recover reasonable attorney’s fees; provided however, no attorneys fees shall be recovered by the prevailing party if the county has elected at the commencement of the proceedings not to recover its attorneys fees; and provided further, in no event shall be an award of attorney’s fees exceed the amount of reasonable attorney’s fees incurred by the county in the action or proceeding. (Ord. 362A § 3, 1998).

“Director” means the head of any county department, including the director’s designee, charged with the enforcement of any provision of this code and such person is authorized designee of the board of supervisors for the abatement of nuisance. (Ord. 362A § 4, 1998).

A. The remedies in this chapter are in addition to all other legal remedies available to county.
B. The procedures in this chapter may be utilized in conjunction with any other procedure applicable to the regulation of buildings, structures, property and, or, use of property.
C. All conditions which are required to be abated pursuant to the requirements of this chapter shall be subject to all provisions of the Madera County Code. (Ord. 362A § 5, 1998: Ord. 362 § 3, 1972).

A. Whenever the director determines that a violation of any provision of this code is occurring or exists, and elects to proceed in accordance with this chapter, the director shall issue a written compliance notice to any person responsible for the violation.
B. A compliance notice issued pursuant to this chapter shall include, but is not limited to, the following information:
1. The date and location of the violation(s).
2. The section(s) violated and a description of the violation(s).
3. The actions required to correct the violation(s).
4. The time period after which administrative penalties will begin to accrue if compliance has not been achieved.
5. Penalties for non-compliance, but in no event less than five hundred dollars for each violation.
6. Advice of the right to appeal, including a statement advising the person where to obtain copies of the matters and procedures to be used in hearings before the board.
C. The compliance notice shall be final for all purposes unless appealed in accordance with Section 7.20.060 of this chapter. (Ord. 362A § 6, 1998: Ord. 362 § 4, 1972).

The notice shall be posted on the property and personally served on or mailed by certified mail and by regular mail, to the person causing the nuisance, if known, and to the owner of the property on which the nuisance exists. The notice shall be mailed to the address as shown on the last equalized county assessment roll, or as known to the director. Notice shall also be served on any known lessee and/or holder of any mortgage or trust deed of record. (Ord. 362A § 7, 1998: Ord. 362 § 5, 1972).

A. Any person entitled to notice may appeal the compliance notice by filing a written notice of appeal with the director within fifteen calendar days of the date of service of the compliance notice. The notice of appeal shall state in detail the grounds for the appeal. Failure to state the grounds for appeal in detail may result in the dismissal of the appeal by the board.
B. The director shall immediately file the appeal and a copy of the compliance order with the clerk of the board of supervisors (clerk) and shall forward a copy of each to the county counsel.
C. The clerk shall serve written notice of hearing on the appellant, with a copy to the director and to the county counsel. The hearing shall be set before the board of supervisors not less than fifteen days, nor more than sixty days from filing the notice of appeal with the clerk by the director. If more than one related appeal is filed, the hearings shall be consolidated and heard not less than fifteen nor more than sixty days following the last timely filed notice of appeal. (Ord. 362A § 8, 1998: Ord. 362 § 6, 1972).

The failure of any person to receive any notice required under this chapter and/or the removal of any posted notice other than by the county shall not affect the validity of any proceedings taken under this chapter. (Ord. 362A § 9, 1998: Ord. 362 § 7, 1972).

A. Public Hearings. All hearings held by the board shall be open to the public. The board may exclude persons present for conduct which disrupts or threatens to disrupt the proceedings.
B. Representation of Parties. Any party to a hearing may be represented by counsel or other representative of the party’s choice.
C. Failure of Parties to Appear. In the event that any party fails to appear at the hearing in person or by representative, the board may find that the appeal of that person has been abandoned or in its discretion the board may hear and review such evidence as may be presented and make its decision as if all parties had been present.
D. Rules of Evidence and Procedure. Hearings shall be informally conducted according to the rules of evidence and procedure established by the board. The clerk to the board shall maintain copies of the rules and make them available on request.
E. Additional Hearing for Determining Penalties and Costs. If at the conclusion of the hearing the board determines the person has committed or permitted one or more violations of the county code, the board may take additional evidence to determine whether to order:
1. Reimbursement of all or a portion of county’s abatement costs;
2. Civil penalties, but in no event less than five hundred dollars for each violation;
3. Corrective action; and
4. Attorney fees.
F. Decision. The board shall prepare a written decision, with supporting findings which shall be final upon adoption and enforceable following ninety days after service of the decision by mail, unless a stay of execution is issued by a court of competent jurisdiction; provided that an order for corrective action shall be enforceable immediately if the board determines that immediate action is necessary to protect the public health and safety. The decision shall be subject to judicial review under Code of Civil Procedure Section 1094.5 and shall state the time for seeking judicial review as provided in Section 1094.6 of the Code of Civil Procedure. The decision shall be signed by the board and shall indicate the yes or no vote of each member of the board and shall be filed as a public record with the clerk and director no later than thirty days following the conclusion of the hearing. (Ord. 362A § 10, 1998: Ord. 362 § 8, 1972).

A. The board of supervisors shall maintain a special revolving fund designated the “repair and demolition fund.” Payments shall be made out of the fund upon demand of the director, as approved by the county administrative officer, to defray the costs and expenses which may be incurred by the county in doing or causing the necessary work of repair, demolition or other abatement work performed pursuant to this chapter or any adopted uniform code.
B. The supervisors may at any time transfer to the repair and demolition fund money from the general fund of the county necessary to expedite the performance of work relating to abatement. Any sum used or transferred shall be deemed a loan from or to the repair and demolition fund and shall be repaid out of the proceeds of the collections provided for in this chapter, or otherwise. All funds collected shall be paid to the auditor who shall credit the same to the repair and demolition fund. (Ord. 362A § 11, 1998: Ord. 362 § 9, 1972).

In the event that the nuisance is not abated within the time specified in the notice or at the hearing, the county may bate the nuisance and take appropriate measures to prevent its recurrence, or the board of supervisors may authorize the county counsel to bring an action in the name of the county to abate the nuisance. If the county obtains judgment, it shall, in addition to having the nuisance abated, recover the abatement costs as defined in Section 7.20.025 and attorney fees as provided in Section 7.20.027, if applicable. (Ord. 362A § 12, 1998: Ord. 362 § 10, 1972).

Abatement costs as defined in Section 7.20.025 and attorney fees provided for in Section 7.20.027 are the personal obligations of and shall be repaid to the county by the owner of the property and/or by any other person responsible for the nuisance. The county, in addition to any other remedy it may have, may take any action necessary to recover the abatement costs from such persons. (Ord. 362A § 13, 1998: Ord. 362 § 11, 1972).

All sums expended by the county in abating the nuisance or preventing its recurrence, including abatement costs as defined in Section 7.20.025, and attorney fees as provided for in Section 7.20.027 shall become a lien upon the property upon which the nuisance is abated or its recurrence prevented, when notice of lien is filed and recorded as provided in Section 7.20.130. (Ord. 362A § 14, 1998: Ord. 362 § 12, 1972).

Notice of the lien, particularly identifying the property on which the nuisance was abated and the amount of such lien, shall be recorded in the office of the county recorder of the county in which the property is situated within one year after the first item of expenditure by the county or within ninety days after completion of the work, whichever first occurs. Upon such recordation, such lien shall have the same force, effect, and priority as if it had been a special assessment against that parcel. The assessment may 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 of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment. (Ord. 362 § 13, 1972).