SECTIONS 25840-25846 - California Statutes

GOVERNMENT CODE

SECTION 25840-25846

25840. The board of supervisors may prohibit and prevent the
unnecessary firing and discharge of firearms on or into the highways
and other public places and may pass all necessary ordinances
regulating or forbidding such acts.

25842. The board of supervisors may provide for the control or
destruction of gophers, squirrels, other wild animals, noxious weeds,
plant diseases, and insects injurious to fruit or fruit trees,
vines, or vegetable or plant life.

25842.5. (a) The board of supervisors may provide the same services
and exercise the powers of mosquito abatement districts or vector
control districts formed pursuant to the Mosquito Abatement and
Vector Control District Law, Chapter 1 (commencing with Section 2000)
of Division 3 of the Health and Safety Code within both the
unincorporated and incorporated territory of the county.
(b) Before exercising that authority within incorporated
territory, the consent of the city council shall first be obtained.
Before exercising the authority granted pursuant to this section, the
board of supervisors shall hold a public hearing on the proposal.
Notice of the hearing shall be given pursuant to Section 6061 in a
newspaper of general circulation in the county.

25843. The board of supervisors may establish safety incentive
programs designed to encourage county officers and employees to
follow recognized safety practices and focus upon policies and
activities established to reduce the incidence of occupational injury
and its associated costs, and may expend funds for incentives and
awards when manager or employee efforts have produced quantitatively
measurable results in reduction of the incidence rate of occupational
injury, or the costs directly associated with occupational injury,
or both.

25844. The board of supervisors of any county may appropriate and
expend money from the general fund of the county, either within or
without the county, for the purpose of providing weather data and may
co-operate with the United States, the State, other counties,
municipal corporations or any other public agency for such purpose,
when such data are for the benefit of the county.

25845. (a) The board of supervisors, by ordinance, may establish a
procedure for the abatement of a nuisance. The ordinance shall, at a
minimum, provide that the owner of the parcel, and anyone known to
the board of supervisors to be in possession of the parcel, be given
notice of the abatement proceeding and an opportunity to appear
before the board of supervisors and be heard prior to the abatement
of the nuisance by the county. However, nothing in this section
prohibits the summary abatement of a nuisance upon order of the board
of supervisors, or upon order of any other county officer authorized
by law to summarily abate nuisances, if the board or officer
determines that the nuisance constitutes an immediate threat to
public health or safety.
(b) In any action to abate a nuisance, whether by administrative
proceedings, judicial proceedings, or summary abatement, the owner of
the parcel upon which the nuisance is found to exist shall be liable
for all costs of abatement incurred by the county, including, but
not limited to, administrative costs, and any and all costs incurred
in the physical abatement of the nuisance. Recovery of costs pursuant
to this section shall be in addition to and shall not limit any
prevailing party's right to recover costs pursuant to Sections 1032
and 1033.5 of the Code of Civil Procedure or any other provision of
law.
(c) A county may, by ordinance, provide for the recovery of
attorneys' fees in any action, administrative proceeding, or special
proceeding to abate a nuisance. If the ordinance provides for the
recovery of attorneys' fees, it shall provide for recovery of
attorneys' fees by the prevailing party, rather than limiting
recovery of attorneys' fees to the county if it prevails. The
ordinance may limit recovery of attorneys' fees by the prevailing
party to those individual actions or proceedings in which the county
elects, at the initiation of that individual action or proceeding, to
seek recovery of its own attorneys' fees. In no action,
administrative proceeding, or special proceeding shall an award of
attorneys' fees to a prevailing party exceed the amount of reasonable
attorneys' fees incurred by the county in the action or proceeding.
(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.
(e) If the board of supervisors specially assesses the cost of the
abatement against the parcel, the board also may cause a notice of
abatement lien to be recorded. The notice shall, at a minimum,
identify the record owner or possessor of property, set forth the
last known address of the record owner or possessor, set forth the
date upon which abatement of the nuisance was ordered by the board of
supervisors and the date the abatement was complete, and include a
description of the real property subject to the lien and the amount
of the abatement cost.
(f) However, if the board of supervisors does not cause the
recordation of a notice of abatement lien pursuant to subdivision
(e), and any real property to which the costs of abatement relates
has been transferred or conveyed to a bona fide purchaser for value,
or a lien on a bona fide encumbrancer for value has been created and
attaches to that property, prior to the date on which the first
installment of county taxes would become delinquent, then the cost of
abatement shall not result in a lien against that real property but
shall be transferred to the unsecured roll for collection.
(g) Recordation of a notice of abatement lien pursuant to
subdivision (e) has the same effect as recordation of an abstract of
a money judgment recorded pursuant to Article 2 (commencing with
Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of
the Code of Civil Procedure. The lien created has the same priority
as a judgment lien on real property and continues in effect until
released. Upon order of the board of supervisors, or any county
officer authorized by the board of supervisors to act on its behalf,
an abatement lien created under this section may be released or
subordinated in the same manner as a judgment lien on real property
may be released or subordinated.
(h) The board of supervisors may delegate the hearing required by
subdivision (a), prior to abatement of a public nuisance, to a
hearing board designated by the board of supervisors. The hearing
board shall make a written recommendation to the board of
supervisors. The board of supervisors may adopt the recommendation
without further notice of hearing, or may set the matter for a de
novo hearing before the board of supervisors.
(i) The board of supervisors may, by ordinance, delegate to a
hearing officer appointed pursuant to Section 27720 the powers and
duties specified by this section.

25845.5. The board of supervisors, by ordinance, may provide that
upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property is
responsible for a condition that may be abated in accordance with an
ordinance enacted pursuant to Section 25845, except for conditions
abated pursuant to Section 17980 of the Health and Safety Code, the
court may order the owner to pay treble the costs of the abatement.

25846. Subject to the provisions contained in Article 6.5
(commencing with Section 38780) of Chapter 10 of Part 2 of Division 3
of Title 4, a county may provide that prior to the sale or exchange
of any residential building situated outside the boundaries of any
incorporated city, the owner or his authorized agent shall obtain
from the county a report of the residential building record showing
the regularly authorized use, occupancy, and zoning classifications
of such property.