§ 4-1060. RECOVERY OF ABATEMENT COSTS.

The County shall be reimbursed for all time, material, contracting agent's costs, and any other costs necessary to abate weeds and rubbish per this chapter.

(a)

Statement of Expense. A statement of expense shall be developed by the Fire Warden. The statement of expense shall be an itemized statement explaining all costs incurred by the County in abating the weeds or rubbish. The statement of expense shall be mailed to the property owner as their names and addresses appear from the last equalized assessment roll, with a demand of payment within thirty (30) calendar days of the date the statement was mailed. The statement of expense shall advise the owner that he may pay the expenses or that he may request, in writing, a hearing to dispute the costs of abatement set forth in the statement of expense. The written request for a hearing must be received by the Fire Warden at 1810 E. Hazelton Ave., Stockton, CA 95202-6232, within thirty (30) calendar days of the date the statement was mailed.

(b)

Office Hearing. The hearing will be conducted by an official designated by the Fire Warden. The official shall give written notice of the date, time, and place of the hearing on the statement of expense. The hearing notice shall be sent to the owner by registered or certified mail. At the hearing, the official may approve, modify, or reject the statement of expense. The existence of a violation of this title shall not be considered at the hearing, only the amount of costs due to the County shall be considered. The hearing official's written decision shall be sent to the owner, by registered or certified mail, within five (5) calendar days of the hearing. The written decision shall advise the owner that he must pay the amount determined by the hearing official to be due within fifteen (15) days from the date the written decision was mailed. The written decision shall also advise the owner that he may appeal the decision to the Board of Supervisors by filing a written notice of appeal with the Clerk of the Board within fifteen (15) days of the date that the decision was mailed.

(c)

Board Resolution. If the owner does not pay the amount due, request a hearing within the time specified, does not pay the amount due after a hearing, or appeal the matter to the Board of Supervisors, the Fire Warden shall request placement of a resolution on the consent calendar of the Board of Supervisors approving the amount due under the statement of expense or under the written decision of the hearing official. The resolution shall direct the Auditor to cause a special assessment to be placed on the subject property. Said assessment shall have the same priority as other taxes. A notice of release shall not be recorded with the office of the County Recorder until all assessments for the cost of abatement are paid. When the assessment in question is collected, it shall be credited to the Community Development Department.

(d)

Appeal to Board of Supervisors.

(1)

If the owner does not agree with the decision of the hearing official, he may file a written appeal to have the matter heard before the Board of Supervisors. Such written appeal must be filed with the Clerk of the Board within fifteen (15) calendar days from the date the decision of the hearing official was mailed. The only issue on appeal shall be the amount of costs due to the County. The existence or nonexistence of a violation shall not be an issue. The Board of Supervisors may, by resolution, approve, modify, or reject the statement of expense. Any amount determined by the Board of Supervisors to be due under the statement of expense must be paid within fifteen (15) days from the date a copy of the Board's resolution is mailed to the owner.

(2)

If complete payment is received within the time specified, the claim for reimbursement shall be satisfied. However, if complete payment is not made within the time specified, a copy of the resolution, and the statement of expense, shall be forwarded to the Auditor of San Joaquin County. The Auditor shall cause a special assessment to be placed on the affected parcel. Said assessment shall have the same priority as other taxes. A notice of release shall not be recorded in the office of the County Recorder until all assessments for the cost of abatement are paid. When the assessment in question is collected, it shall be credited to the Community Development Department.

(Ord. 4286 § 1 (part), 2006)