§ 8.12.930. County removal of solid waste from private property.

The health officer is authorized and empowered to order the owner and/or occupant of any private property within the county to dispose of solid waste located on the property which is dangerous to public health or is creating a public nuisance.

(1)

Notice to Remove. An order by the health officer pursuant to this section and issued to the affected owner or occupant, shall be in the form of a notice to remove solid waste. The notice shall be by certified mail, addressed to the owner or occupant at his or her last known address.

(2)

Action Upon Noncompliance. Upon the failure, neglect, or refusal of any person so notified to dispose of solid waste located on his or her property within five days after receipt of written notice as provided for in subsection (1), or within seven days after the date of such notice in the event the same is returned to the health officer because of inability to make delivery thereof, the health officer is authorized to effect its disposal or to pay a private person to clean the premises and to pay a permittee to dispose of such solid waste.

(3)

Assessment and Collection of Charges.

a.

The health officer shall keep an itemized account of the costs of enforcing the provisions of this section. Upon the completion of the abatement, the health officer shall prepare a notice specifying the work done, giving an itemized account of the costs, showing the address or a description sufficient to identify the premises, showing the amount of the assessment proposed to be levied against the premises, and specifying the time and place that the health officer will submit the account to the board of supervisors for confirmation. The time and place specified shall be not less than fifteen days after service of the notice as provided in subsection (1) of this section. The notice shall contain a statement that the board will hear and consider objections to the account and proposed assessment.

b.

At the time and place fixed in the notice, the board shall hear and consider the account and proposed assessment together with objections thereto. At the conclusion of the hearing, the board may make such modifications 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. The determination of the board as to all matters contained therein shall be final and conclusive.

c.

Upon confirmation by the board, the health officer shall cause to be prepared and recorded with the county recorder, a notice of lien, which shall contain the following:

1.

An address or description sufficient to identify the premises;

2.

A description of the proceedings under which the special assessment was made, including the order the board confirming the assessment;

3.

The amount of the assessment;

4.

A claim of lien upon the described premises.

d.

Upon the recordation of the notice of lien, the amount claimed shall constitute a lien upon the described premises. The lien shall be upon a parity with the liens of state and county taxes.

e.

The notice of lien, after recordation, shall be delivered to the county auditor controller who shall 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 are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency as is provided for ordinary county taxes, and all laws applicable to the levy, collection and enforcement of county taxes are applicable to such assessment.

(4)

Other Agency Enforcement. Nothing in Section 8.12.930 is intended to limit the authority of any other enforcement agency to issue a notice directing an owner or occupant of a premises to remove solid waste, to take an abatement action to remove solid waste or to recover the cost of an abatement performed.

(Ord. 2604 § 1 (part), 1993)