DATE:
January 10, 2023
06
TO:
Board of Supervisors
SUBJECT
Title
ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: COUNTY COUNSEL AUTHORITY TO INITIATE RECEIVERSHIP PROCESS (DISTRICTS: ALL)
Body
OVERVIEW
On December 13, 2022 (36), the Board of Supervisors took action to further consider and adopt the Ordinance on January 10, 2023.
On August 17, 2021, the Board of Supervisors directed County Counsel to return to the Board with an ordinance authorizing County Counsel to initiate County requested receivership actions where other enforcement efforts have been unsuccessful. Court-authorized receiverships provide a pathway for the County to resolve issues involving real property where the property owner's code violations and repeated failure to remediate those violations negatively impacts, among other things, the community's health, and safety. The California Health and Safety Code and other provisions in State law authorize receivership actions, however those actions are not listed in the County Counsel litigation authority set forth in section 142 of the County Code of Administrative Ordinances. As a result, each time a County department wishes to initiate a receivership action, County Counsel must request authorization from the Board of Supervisors to initiate and litigate the matter.
Today's action introduces an ordinance that will expedite the receivership process by authorizing County Counsel to initiate receivership actions upon request by the director of a County department. The ordinance was developed by County Counsel in consultation and collaboration with Planning & Development Services.
RECOMMENDATION(S)
COUNTY COUNSEL
Submit the ordinance (Attachment A, on file with the Clerk of the Board) for further Board consideration and adoption (second reading):
AN ORDINANCE ADDING A NEW SUBSECTION TO SECTION 142 OF ARTICLE IX OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES AND NEW SECTION 18.310 TO THE SAN DIEGO COUNT...
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