§ 23.10.150. Nuisance Abatement.
The code enforcement officer may employ the provisions of this section to secure the abatement of nuisances, as defined by this section.
a.
Nuisance defined: Except as otherwise provided in Section 23.10.101, a nuisance is any of the following:
(1)
Any condition declared by a statute of the state of California or ordinance by San Luis Obispo County to be a nuisance.
(2)
Any public nuisance known at common law or equity.
(3)
Any condition dangerous to human life, unsafe, or detrimental to the public health or safety.
(4)
Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of this title, or Titles 6, 8, or 19 of this Code.
b.
Pre-existing Agricultural Uses Not a Nuisance:
(1)
No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three years if it was not a nuisance at the time it began.
(2)
Subsection b(1) shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof, obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.
(3)
This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, of the agricultural activity, operation, or facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in any such provision.
(4)
For purposes of this section, the term "agricultural activity, operation, or facility, or appurtenances thereof" shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
c.
Notice of Nuisance: Upon the determination by the code enforcement officer that a nuisance exists, a Notice of Nuisance may be prepared, with copies thereof to be served as provided by Section 23.10.040a (Service of Notice). The Notice of Nuisance shall include the following information:
(1)
A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.
(2)
A description of the condition causing the nuisance. Where the Enforcement Officer has determined that the condition causing the nuisance can be corrected or abated by repair or corrective action, the notice is to state the repairs or corrective actions that will be required, and the time limit within which the nuisance must be corrected.
(3)
An order to complete abatement of the nuisance within 30 days.
(4)
A statement that if the nuisance is not corrected as specified, a hearing will be held before the Board of Supervisors to consider whether to order abatement of the nuisance and levy a special assessment, which may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes pursuant to Section 25845 of the Government Code. Special assessments are subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes.
(5)
A statement that the county intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 23.10.105a, pursuant to Section 23.10.050.
(6)
Where the code enforcement officer has determined that the condition causing the nuisance is imminently dangerous to life or limb, or to public health or safety, the notice may include an order that the affected property, building or structure be vacated, pending correction or abatement of the conditions causing the nuisance.
d.
Notice of Nuisance Abatement: If, upon the expiration of the period specified in the Notice of Nuisance, action to abate the nuisance has not been commenced, or, if it has been commenced, it has not been prosecuted with due diligence nor completed within the time specified, the code enforcement officer shall prepare a Notice of Nuisance Abatement, and serve such notice as provided by Section 23.10.050 (Service of Notice). The Notice of Nuisance Abatement shall contain the following:
(1)
A heading, "Notice of Nuisance Abatement."
(2)
A notice to appear before the Board of Supervisors at a stated time and place not less than 10 nor more than 30 days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the code enforcement officer.
(3)
The information specified in subsection c. of this section.
e.
Abatement proceedings: When a Notice of Nuisance Abatement has been prepared and served pursuant to subsection d. of this section, nuisance abatement shall proceed as follows:
(1)
Hearing. A decision to abate a nuisance shall be at the discretion of the Board of Supervisors, after a hearing conducted pursuant to Section 23.10.030 (Enforcement Hearings).
(2)
Order by hearing body. Upon the conclusion of the hearing, the Board may terminate the abatement proceedings or it may order:
(i)
That the owner or other affected person shall abate the nuisance, prescribing a reasonable time (not less than 30 days) for completion of abatement.
(ii)
That a request for additional time to complete abatement by a person subject to an abatement order shall be granted only if the affected person guarantees abatement within the time to be granted by submitting a bond or other guarantee pursuant to Section 23.02.060 of this title.
(iii)
That, in the event abatement is not commenced, conducted and completed in accordance with the terms set by the board, the Enforcement Officer is empowered and authorized to abate the nuisance.
(3)
Service of Board order. The order of the Board shall be served as provided by Section 23.10.040 (Service of Notice), except that the order need not be posted on the property or recorded pursuant to Section 23.10.040a(3).
(4)
Commencement of time limits. The time limits set by the board for completion of abatement or other required actions shall begin upon service of the notice, unless the order of the Board sets specific dates for completion of abatement.
(5)
Compliance with Board order required. It is unlawful and a violation of this Code for any person to fail to comply with the provisions of an order of the Board of Supervisors pursuant to this section. The penalty for failure to comply with such order shall be as set forth in Section 23.10.022.
f.
Abatement penalties and costs: Upon expiration of the time limits established by subsection e(4) of this section, the code enforcement officer shall acquire jurisdiction to abate the nuisance, and shall carry out the following as appropriate:
(1)
Disposal of materials: Any materials in or constituting any nuisance abated by the enforcement officer may be disposed of, or if directed by the Board where such materials are of substantial value, sold directly by the General Services Department or the Director of Planning and Building in a manner approved by County Counsel, or sold in the same manner as surplus county personal property is sold.
(2)
Account of costs and receipts and notice of assessment: The enforcement officer will keep an itemized account of the costs of enforcing the provisions of this ordinance, and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the enforcement officer is to prepare a notice to be served as provided in Sections 23.10.050a and b., specifying:
(i)
The work done.
(ii)
An itemized account of the costs and receipts of performing the work.
(iii)
An address, legal description, or other description sufficient to identify the premises.
(iv)
The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses.
(v)
The time and place where the Enforcement Officer will submit the account to the Board for confirmation. The time and place specified shall be not less than 15 days after service of the notice.
(vi)
A statement that the board will hear and consider objections and protests to said account and proposed assessment or refund.
(3)
Hearing on account and proposed assessment: At the time and place fixed in the notice, the board will hear and consider the account and proposed assessment, together with objections and protests thereto, (Section 23.10.040 - Enforcement Hearings). At the conclusion of the hearing, the board may make such modifications and revisions of the proposed account and assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the board as to all matters contained therein is final and conclusive.
(4)
Notice of lien: Upon confirmation of an assessment by the board, the Enforcement Officer shall notify the owners by certified mail, return receipt requested, of the amount of the pending lien confirmed by the Board, and advise them that they may pay the account in full within 30 days to the Department of Planning and Building in order to avoid the lien being recorded against the property. If the lien amount is not paid by the date stated in the letter, the code enforcement officer shall prepare and have recorded in the office of the county recorder of San Luis Obispo County a notice of lien. The notice shall contain:
(i)
A legal description, address and/or other description sufficient to identify the premises.
(ii)
A description of the proceeding under which the special assessment was made, including the order of the Board confirming the assessment.
(iii)
The amount of the assessment.
(iv)
A claim of lien upon the described premises.
(5)
Lien. Upon the recordation of a notice of lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 of the Government Code. Such lien shall be at a parity with the liens of state and county taxes.
(6)
Collection with ordinary taxes. After recordation, the Notice of Lien shall be delivered to the county auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary county taxes, and is subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as are provided for ordinary county taxes; all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.
g.
Cannabis Activity Related Violations. Pursuant to Government Code sections 25845, subdivision (i) and 27721, the duties and powers of the Board of Supervisors under Section 23.10.150 are hereby delegated to the Office of County Cannabis Hearing Officer, established under Sections 22.40.130.C and 23.08.432.c, for all violations of Titles 6, 8, 19 or 23 of this Code which relate to or arise from a cannabis activity in the County's discretion, whether or not such cannabis activity is ongoing, dormant or abandoned. Such duties and powers include conducting abatement hearings and determination of post-abatement costs and assessments. For violations which relate to or arise from a cannabis activity, the Code Enforcement Officer is not required to first pursue the procedures of Section 23.10.105 or send a Notice of Nuisance under Section 23.10.150.c, and instead, upon a determination that a nuisance exists, may proceed immediately with a Notice of Nuisance Abatement under Section 23.10.150.d, with a notice to appear before the Cannabis Hearing Officer at a stated time and place not less than 5 days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the County. The foregoing notice may be consolidated with a notice of nuisance abatement under Section 23.08.432.b, and with a notice of violation and/or notice of fine under Sections 1.05.030 and 1.05.050. Notwithstanding Section 23.10.150.e.2.i, the Cannabis Hearing Officer may order that the owner or other affected person abate the nuisance within two (2) calendar days of the date of service of the decision of the Cannabis Hearing Officer, and, in the event the abatement is not completed, the Code Enforcement Officer is empowered and authorized to enter upon the property and abate the nuisance. Nuisances subject to abatement under this subsection include, but are not limited to: wood or chain link fences with tarp, plywood or similar screening; storage structures; raised or ground-level plant beds and pots; above ground water storage tanks or pools; hoop structures, greenhouses and frames, irrigation lines; generators; small and large machinery; manufacturing and processing equipment or implements; artificial lighting; pesticides; fertilizers; trash or refuse; and, tents, RVs or other unpermitted structures used for living quarters.
[Amended 2018, Ord. 3362]