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Consent-Community Services # 21.
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| Board of Supervisors |
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| Subject |
| Waive second reading and adopt ordinance amendment to Section 113.4.6 in the Property Maintenance Code (Title 7, Chapter 3 of the Yolo County Code); authorize filing of a Notice of Exemption pursuant to CEQA. (No general fund impact) (Echiburu/Lindbo) |
| Recommended Action |
| Waive second reading and adopt ordinance amendment to Section 113.4.6 in the Property Maintenance Code (Title 7, Chapter 3 of the Yolo County Code), and authorize filing of a Notice of Exemption pursuant to CEQA. |
| Strategic Plan Goal(s) |
Operational Excellence
Thriving Residents
Safe Communities
Sustainable Environment |
| Reason for Recommended Action/Background |
At the meeting on September 25, 2018 the Board of Supervisors held a public hearing, waived the first reading of the ordinance amending Section 113.4.6 in the Property Maintenance Code (Attachment A), and directed staff to schedule the ordinance for second reading and adoption at the next regularly scheduled meeting of the Board of Supervisors.
BACKGROUND:
The International Property Maintenance Code is adopted by reference and incorporated in the Yolo County Code Title 7, Chapter 3, with amendments. The amendment to the County Code is being proposed to allow the County to collect the costs associated with abatement of a dangerous structure or public nuisance. Code enforcement activities, used to abate a dangerous building or public nuisance, are time consuming and expensive. The Department of Community Services makes an effort to recover costs by billing the property owner. However, oftentimes the property owner does not pay the invoices. When traditional cost recovery methods are not fruitful, the Department of Community Services may place liens on properties. Liens are typically collected when a property is sold. Since certain properties with abatement orders do not sell very often, waiting for properties to be sold to recover costs for abatement is not a sustainable method of cost recovery.
This proposed amendment to the County Code would allow the County to place a special assessment on the property's tax bill so that the costs could be collected at the same time as annual property taxes are paid. The Department of Community Services will take appropriate collection steps required by government code and allow the appropriate amount of time prior to requesting enrollment of nuisance abatement costs on the property tax bill.
For other similar tax roll assessments, the County of Yolo currently operates on the Teeter program where the County Chief Financial Officer would advance the funding of the cost recovery assessment, but retains additional penalty fees and interest. There is a concern, in some cases related to this ordinance, that the cost of abatement might be large in relation to the value of related property and that the advancement of funds through the Teeter program may put the Teeter program at risk. Therefore, the Department of Community Services is requesting exclusion from the Teeter program with adoption of this ordinance. With this exclusion, the Department of Community Services would receive any additional penalty fines and interest.
Government Code § 25845 allows the Board of Supervisors (or an appointed County Hearing Officer) to order collection of nuisance abatement costs on the property tax bill:
Gov. Code § 25845: (d) If the owner fails to pay the costs of the abatement upon demand by the county, the board of supervisors may order the cost of the abatement to be specially assessed against the parcel. The assessment may 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 the same procedure 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 applicable to the special assessment.
Any condition resulting from a violation of the County Code is automatically deemed a nuisance, therefore many types of enforcement efforts could be enforced through summary abatement proceedings (Yolo County Code Sec.1-2.01). Summary abatement proceedings are enforced by the Chief Building Official through the process spelled out in Section 113.4.4 of the International Property Maintenance Code, which Yolo County has adopted in Title 7, Chapter 3.
In order to take advantage of the tax collection mechanism, the County must update the abatement provisions in the County Code to specifically allow for the process. Thus, the following revisions to Section 113.4.6 in the Property Maintenance Code are proposed. (Underlined text indicates proposed additions):
Section 113.4.6 Assessment of Costs-Lien against property and collection on tax roll. The total cost of abating a dangerous structure or declared public nuisance shall, by order of the Board of Supervisors following notice pursuant to Government Code Section 53069.4, constitute a special assessment against the premises to which it relates. Upon recordation in the office of the County Recorder of a notice of lien, such special assessment shall constitute a lien on the property for the amount of such assessment. The special assessment may also 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 the same procedure 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 applicable to the special assessment.
The amendment to the County Code is exempt from the California Environmental Quality Act. A Notice of Exemption is included as Attachment B for Board consideration. |
| Collaborations (including Board advisory groups and external partner agencies) |
County Counsel has drafted and reviewed this amendment to the County Code.
The proposed ordinance changes and staff report were also shared with the County Assessor's Office and Department of Financial Services for review and comment. |
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