Agenda item details
Adopt Ordinance amending certain sections of Chapter 7.36. - Property Maintenance Ordinance, of the Yuba County Ordinance Code
- Number:
- 284/2024
- Department:
- Community Development and Services Agency
- Description:
- Community Development and Services: Ordinance - Hold public hearing, waive second reading, and adopt ordinance amending sections 7.36.140 (2), 7.36.510, 7.336.512, 7.36.515, 7.36.520, 7.36.530, 7.36.535, 7.36.540 (b), (c), (d), and (e), 7.36.545, 7.36.550, 7.36.555, 7.36.625 (d), 7.36.628, 7.36.638, 7.36.640 (a), (a) (2), and (d), 7.36.642, 7.36.645 (a), (a) (1), (a) (2), (a) (3), (b), (c), and (d), 7.36.650, 7.36.655 (a) (4), 7.36.760 (a) and (c), 7.36.780, 7.36.940, 7.36.945 (b), (c), and (h), 7.36.950 (a), (b), (c), and (d) of Chapter 7.36 of the Yuba County Ordinance Code relating to Property Maintenance Ordinance. (Roll Call Vote) (Ten minute estimate)
- Recommendation:
- Background: Chapter 7.36. of the Yuba County Ordinance Code regulates the maintenance of properties within Yuba County, and provides a comprehensive method for the identification and abatement of public nuisances. The ordinance defines conditions that create a public nuisance, and where conditions are found to exist on properties, an enforcement official may allege the property to be a public nuisance. An enforcement official may issue a Notice and Order to Abate Public Nuisance on properties where a public nuisance is determined to exist. Anyone who is issued a Notice and Order to Abate Public Nuisance has a right to request a hearing to appeal the determination of the enforcement official – either as to the determination of the public nuisance or as to the amount of the Administrative Penalty imposed. The appeal request must be in writing and be received within 15 days of the date of the Notice and Order. The appeal shall be heard by an Administrative Law Judge (“ALJ”), who shall, among other things, render his or her written decision relating to the existence of the alleged nuisance, and either confirm or deny the Administrative Penalty.
Discussion: We are requesting that the Board of Supervisors amend Chapter 7.36. of the Yuba County Ordinance Code to remove the requirement that an ALJ preside over appeal hearings and instead allow the County Hearing Officer. On November 28, 2023, the Board adopted Ordinance 1621, which created Chapter 2.41. of the Yuba County Ordinance Code establishing the Office of the County Hearing Officer. The intent of Chapter 2.41. is to provide greater access to due process and create a more streamlined approach to conducting hearings within the County. Moreover, the County Hearing Officer can develop specialized expertise in public nuisance abatement, conducting hearings, and interpreting the Yuba County Ordinance Code. The Board may delegate its authority to conduct hearings to the County Hearing Officer by either Ordinance or Resolution.
Meeting BOS - 11/2024 on 6/11/2024 by Board of Supervisors
Topic: ORDINANCES AND PUBLIC HEARINGS
Topic: ORDINANCES AND PUBLIC HEARINGS
Minutes: No.25
Community Development and Services: Ordinance - Hold public hearing, waive second reading, and adopt ordinance amending sections 7.36.140 (2), 7.36.510, 7.336.512, 7.36.515, 7.36.520, 7.36.530, 7.36.535, 7.36.540 (b), (c), (d), and (e), 7.36.545, 7.36.550, 7.36.555, 7.36.625 (d), 7.36.628, 7.36.638, 7.36.640 (a), (a) (2), and (d), 7.36.642, 7.36.645 (a), (a) (1), (a) (2), (a) (3), (b), (c), and (d), 7.36.650, 7.36.655 (a) (4), 7.36.760 (a) and (c), 7.36.780, 7.36.940, 7.36.945 (b), (c), and (h), 7.36.950 (a), (b), (c), and (d) of Chapter 7.36 of the Yuba County Ordinance Code relating to Property Maintenance Ordinance. (Roll Call Vote) (Ten minute estimate)
Community Development and Services: Ordinance - Hold public hearing, waive second reading, and adopt ordinance amending sections 7.36.140 (2), 7.36.510, 7.336.512, 7.36.515, 7.36.520, 7.36.530, 7.36.535, 7.36.540 (b), (c), (d), and (e), 7.36.545, 7.36.550, 7.36.555, 7.36.625 (d), 7.36.628, 7.36.638, 7.36.640 (a), (a) (2), and (d), 7.36.642, 7.36.645 (a), (a) (1), (a) (2), (a) (3), (b), (c), and (d), 7.36.650, 7.36.655 (a) (4), 7.36.760 (a) and (c), 7.36.780, 7.36.940, 7.36.945 (b), (c), and (h), 7.36.950 (a), (b), (c), and (d) of Chapter 7.36 of the Yuba County Ordinance Code relating to Property Maintenance Ordinance. (Roll Call Vote) (Ten minute estimate)
Recommendation
REGULAR COUNCIL MEETING «MTDate=D» 30 HONOUR HOUSE COURT – COUNCIL CHAMBERS 7 :00 p . m . AGENDA «AGTopic» «AGDisplayNumber» «AGLong»