TITLE IV ONSITE WASTEWATER
MANAGEMENT CODE

CHAPTER 4.09 ABATEMENT OF A NUISANCE

Sections:

4.09.010  Violation a Nuisance
Pursuant to the provisions of §31147 of the Water Code of the State of California, violation of any of the provisions of this code is a nuisance subject to abatement.

4.09.020  Other Nuisances
The procedures for abatement of a nuisance established in this code may be used to abate any nuisance, which pursuant to law may be abated by the District.

4.09.030  Notices
Notices regarding abatement of a nuisance shall be mailed by certified mail to the property owner(s) at said owner's mailing address as shown on District records. A copy of such a notice shall be posted conspicuously upon the property. Failure of the owner (or any other person to whom notice is given) to receive a notice required in this chapter shall not affect the validity of any proceedings conducted pursuant to this code.

4.09.100  Summary Abatement in Case of Emergency
When the conditions that constitute the nuisance pose an immediate threat to the public peace, health, or safety, or may cause irreparable harm to the environment, the District Board and the General Manager may immediately begin procedures to abate the nuisance pursuant to Section 4.09.230. The Board may order the nuisance abated immediately by adopting a resolution by majority vote.

4.09.210  Effect of Failure to Abate
Upon making a determination that a nuisance exists upon a parcel within the District, the General Manager shall issue a notice thirty days from the date of the Failed System Citation directing the owner or the owner's authorized agent to appear before the Board of Directors at a stated time and place at the next regular Board meeting which falls at least ten days after the date of the issued notice to show cause why the Board should not order the nuisance abated.

4.09.220  Hearing - Resolution of Findings
At the time fixed in the notice, the Board shall hear the testimony of allcompetent persons desiring to testify respecting the condition constituting the nuisance. At the conclusion of the hearing, which may be continued, the Board shall by resolution declare its findings. If the Board finds that sufficient evidence exists to support a determination that a nuisance exists, it may include in the resolution a declaration that the nuisance exists and an order directing the owner of the property upon which the nuisance exists to abate the nuisance within a defined time. A copy of the signed Resolution directing abatement of a nuisance shall be forwarded to the property owner within seven days after the hearing.

4.09.230  Abatement of a Nuisance by District
If the nuisance has not been abated within the time prescribed, or if the nuisance poses an immediate threat, the Board may, by resolution, order the General Manager to abate the nuisance. The General Manager may submit the estimated cost to abate the nuisance and any other pertinent information to the Board. The General Manager may direct any District employee, contracting agent, or other representative to enter upon the private property in a manner consistent with Section 202c of the Uniform Building Code for purposes of abating the nuisance.

4.09.240  Owner Request for District to Abate the Nuisance
At any time following receipt of the notice of abatement hearing regarding a failed onsite wastewater treatment system as provided for in Section 4.09.220, the owner may request the District to abate the nuisance pursuant to the provisions of section 31148 of the Water Code of the State of California. The District and the owner may enter into agreements effecting such abatement.

4.09.250  Record of Expenses - Assessment as Lien
If the District enters into an agreement with the owner to abate the nuisance, the General Manager shall keep an account of the cost of abatement and shall render an itemized written report to the Board showing the cost of abating the nuisance. Before the report is submitted to the Board, a notice of the written report shall be issued to the property owner as provided in Section 4.09.030 at least ten days prior to the meeting at which the report is to be considered. At the time fixed for receiving and considering the report, the Board shall consider objections (if any) to the cost items raised by the person liable to be assessed for the cost of abatement. The Board may then make such modifications to the report, as it deems desirable, after which, by resolution, the report shall be confirmed. If the property owner does not pay the expense of abating the nuisance within ten days after the District issues a notice of confirmation of the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated and a personal liability of the owner of the property. Such assessment shall constitute a lien upon the property. Such lien shall attach upon recordation in the office of the Marin County Recorder a certified copy of the resolution of confirmation.

4.09.260  Collection of Assessed Costs
A certified copy of the confirmed report shall be given to the Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the property. A certified copy shall also be given to the County Auditor who shall enter the assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary property taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary property taxes. All laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment. The Board may enforce the personal liability of the owner by directing counsel to file suit in a court of competent jurisdiction to collect the cost of abatement.