A nuisance is anything which (1) is injurious to health, (2) is indecent or offensive to the senses, (3) obstructs the free use of property in a manner that interferes with the comfortable enjoyment of life or property, (4) obstructs the customary free use or passage of any navigable lake, river, bay, stream, canal, basin, public park, square, street, or highway, or (5) is specifically declared by this code or state law to be a nuisance. Examples of a nuisance include but are not limited to:
1. Any explosives, flammable liquids or hazardous materials which are stored in a manner or an amount contrary to state law or this code;
2. Any building or structure which is made, erected, altered, maintained, partially destroyed or abandoned contrary to state law or this code;
3. Any obstruction or excavation which interferes with the ordinary use of public streets, ways, alleys, thoroughfares, sidewalks or public grounds unless otherwise permitted by law;
4. Any accumulation of debris, garbage, refuse, weeds, overgrowth, or machine or equipment parts which constitute:
(a) a fire hazard;
(b) a hazard to pedestrian or vehicular traffic;
(c) a harborage for rats, vermin, or insect infestation; or
(d) any other hazard to public health or safety.
5. Any inoperative, abandoned, wrecked or dismantled vehicle which shall be abated in accordance with chapter 7.60 of this code; or
6. Any swimming pool, pond, well, or other body or container of water which is abandoned, unattended, unfiltered, polluted or otherwise maintained in an unhealthy or unsafe condition. (Prior code § 1210; Ord. 2830, 06/07/83; Ord. 3161, 11/08/88)

Whenever the Environmental Health Director, the Planning Director or Sheriff, or an authorized representative, determines that a nuisance exists on private property, that County officer or representative may serve a written notice to abate the nuisance by registered or certified mail upon the owner of the property and anyone known to the County officer or representative to be in possession of the property. The notice shall describe the nuisance and instruct the owner and/or possessor to abate that condition or activity. The notice shall further inform the owner and the possessor that if the nuisance is not abated within ten (10) calendar days of service of the notice, the County will abate the nuisance and demand the owner and/or possessor to pay the cost of the abatement. Cost of abatement includes the cost for actual removal or correction of the nuisance plus reasonable administrative costs. Administrative costs are the lesser of actual costs or fifteen percent of the cost of actual removal or correction. If the owner and/or possessor fail to pay such cost, that cost may be specially assessed to the parcel and shall be subject to the same collection procedures, including any lien, penalty and sale procedures that are provided for delinquent County taxes. The notice shall further state that either the owner or the possessor, or both, may request a hearing to contest the abatement action or assessment of cost by filing a written request for a hearing within ten (10) calendar days of service of the notice to abate with the County officer who ordered the abatement. Failure to request this hearing within this time period shall waive any right to appeal the County’s action. (Prior code § 1211; Ord. 2830, 06/07/83; Ord. 3161, 11/08/88)

Upon a timely request for a hearing and providing that there is no immediate threat to public health or safety, the County shall postpone any abatement action or assessment of costs until the owner and/or possessor is given an opportunity to be heard and present evidence to the Board of Supervisors as to why the abatement or assessment should not proceed. The Clerk of the Board shall mail a notice of the date, time and place of the hearing to the owner and/or possessor at least (10) calendar days before the hearing date. After the hearing, the Board shall issue and serve a written decision upon the owner and any possessor of the parcel. The decision of the Board shall be final and conclusive in the matter. (Prior code § 1212; Ord. 2830, 06/07/83; Ord. 3161, 11/08/88; Ord. 3173, 02/28/89; Ord. 3240, 07/17/90)

The Board of Supervisors hereby authorizes the Environmental Health Director, the Planning Director or Sheriff to file and record a Notice of Abatement Lien on behalf of the County in the event the owner and/or possessor of the property fail to pay the costs of abatement upon a thirty days’ written demand for payment. The notice of abatement lien shall identify and set forth the last known address of both the record owner and the possessor of the parcel. The notice shall further set forth the date upon which the abatement of the nuisance was ordered and the date the abatement was completed. Finally, the notice shall describe the real property subject to the lien and the amount of the cost of abatement. Recordation of a Notice of Abatement Lien under this provision shall have the same effect as recordation of an abstract of a money judgment recorded under state law. The lien created shall have the same priority as a judgment lien on real property and shall continue in effect until released. An abatement lien created under this section may be released or subordinated in the same manner as any judgment lien on real property. The Board of Supervisors hereby authorizes the Environmental Health Director, the Planning Director or Sheriff to compromise, subordinate or settle any lien imposed under this section in the amount of $10,000 or less. (Prior code § 1213; Ord. 2830, 06/07/83; Ord. 3161, 11/08/88)

If the Environmental Health Director, Planning Director, Sheriff, or their authorized representatives determine that a nuisance (as defined in section 1.12.010) does not necessitate immediate summary abatement under the procedures set forth in sections 1.12.020 through 1.12.040 above, the nuisance shall be deemed an infraction, and a citation shall be issued to the owner of the property and/or anyone known to the County officer or representative to be in possession of the property. (Prior code § 1214; Ord. 3240, 07/17/90)

Those County officers authorized to enforce this code may issue a citation to each owner, possessor, tenant and/or occupant of property on which a nuisance is found. The original of the citation(s) shall be retained and filed with the San Mateo County Municipal Court, and a copy of the citation(s) shall be retained by the County.
The citation shall contain the following information:
1. Name, address, and identifying information of the person charged with the infraction;
2. The nature of the infraction, as related to section 1.12.010;
3. The location of the infraction and the time that the infraction was found to exist;
4. The amount of bail, and notice of whether payment and forfeiture of bail will satisfy the citation;
5. The manner, location, and time in which bail must be paid;
6. Notice that, in lieu of payment of bail, the person is commanded to appear to contest the citation in the appropriate municipal court, at a specified date, time and place;
7. Notice that, unless the nuisance is abated, (1) additional citations may issue, requiring possible mandatory court appearance, (2) a notice of continuing nuisance may be recorded against the property on which the nuisance is found, and (3) summary abatement of the nuisance may be undertaken by the County;
8. Notice that, if the person neither pays bail as specified nor appears in court to contest the citation, a bench warrant may be issued for the arrest of the person;
9. Provision for the signature of the person to whom the citation is being issued; and
10. Certification of the enforcing County officer attesting to the truth of the matters set forth in the citation. (Prior code § 1215; Ord. 3240, 07/17/90)

Any person to whom a citation is issued under the provisions of this chapter shall be subject to payment of a fine as follows: Upon a first violation, by a fine not exceeding $100.00; for a second violation within a period of one year, by a fine not exceeding $200.00; and for each additional violation within a period of one year, by a fine not exceeding $500.00. In addition to the aforesaid fines, the Court shall impose any mandatory assessments required by law. Additionally, the Court shall have jurisdiction to issue any restraining order to abate the nuisance, and to award any costs and/or fines which the Court deems just and appropriate. (Prior code § 1216; Ord. 3240, 07/17/90)

A person shall be guilty of a separate infraction for each and every day during any portion of which a nuisance (as defined in section 1.12.010) is found to exist on property owned, possessed, or occupied by the person. (Prior code § 1217; Ord. 3240, 07/17/90)

In lieu of contesting a citation, a violator may pay over and forfeit bail in an amount, including assessments, not to exceed the amount of the maximum fine allowed under section 1.12.070 above. If the violator forfeits bail, he or she shall be deemed to have pleaded guilty, and no court appearance shall be required, except that a violator who has been issued three or more citations within one year shall be required both to post bail and to appear in court. The forfeitability of bail and bail schedule shall be subject to the approval of the San Mateo County Municipal Court. Bail shall be payable as indicated in the citation within 20 calendar days of receipt of the citation. All fines or bails collected by the Municipal Court for violations of infractions under this chapter shall be remitted to the general fund of the County. (Prior code § 1218; Ord. 3240, 07/17/90)

The County shall not conduct any formal hearing for those persons in receipt of a citation for an infraction. Any violator so cited may pay the bail as indicated in the citation or elect to stand trial for the offense. This provision shall not prevent a violator from requesting, either personally or through an attorney, additional information concerning the infraction. (Prior code § 1219; Ord. 3240, 07/17/90)

A person receiving the citation for an infraction may elect to stand trial by appearing as indicated in the citation and pleading not guilty. The Court or the Clerk shall then schedule the case for trial and notify the defendant of the trial date. (Prior code § 1220; Ord. 3240, 07/17/90)

In any trial for an infraction under this chapter, there is no right to a jury trial, but in all other respects, the defendant shall have the same rights as in the trial of criminal cases, including the right to cross-examine witnesses, the right to testify or introduce evidence in his or her own behalf, and the right to be represented by an attorney. (Prior code § 1221; Ord. 3240, 07/17/90)

If a nuisance remains unabated thirty days following the forfeiture of bail or conviction for a nuisance as specified in this chapter, a notice of continuing nuisance may be recorded in the office of the County Recorder. The Planning Director shall notify by certified mail the owner of the affected real property and any other known party responsible for the nuisance. A notice of expungement of the notice of continuing nuisance shall be recorded with the office of the County Recorder upon presentation to the Planning Director or the Director’s designee of satisfactory evidence that the nuisance has been abated. (Prior code § 1222; Ord. 3240, 07/17/90)

The procedures set forth in sections 1.12.050 through 1.12.120 above shall not preclude the County from utilizing the summary nuisance abatement procedures set forth in sections 1.12.020 through 1.12.040 in the event that the issuance of citations under sections 1.12.050 through 1.12.120 fails to remedy the existence of a nuisance. Additionally, if upon receipt of a nuisance complaint the County determines that the matter would be appropriate for mediation, the County may require the complainant(s) to agree to mediate with the alleged violator as a precondition of County investigation, citation and abatement of the nuisance. Such cases shall be referred to the County Mediation Program, Department of Community Services, or to the appropriate program of the Peninsula Conflict Resolution Center. If the complainants agree to mediate, but the alleged violator refuses, the County may proceed with investigation and any appropriate enforcement. (Prior code § 1223; Ord. 3240, 07/17/90)

Nothing in this chapter shall affect, prevent or prejudice any other remedy or penalty, civil or criminal for the creation or maintenance of a nuisance. Nothing in this chapter shall prohibit the summary and immediate abatement of a nuisance upon the order of the Board of Supervisors or any County officer as authorized by law if the Board or officer determines that the nuisance constitutes an immediate threat to the public health or safety. (Prior code § 1224; Ord. 2830, 06/07/83; Ord. 3161, 11/08/88; Ord. 3240, 07/17/90)

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 the provisions of this chapter (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, pursuant to Government Code section 25845.5. (Prior code § 1225; Ord. 3240, 07/17/90)