[Ord. #86-04; 1958 Code § 7.15.010]
a.
The following abatement procedure, described in this chapter, shall
be an alternate to abatement procedure set forth in the Uniform Code
for the Abatement of Dangerous Buildings, the Uniform Building Code
and the Uniform Housing Code.
b.
All buildings or structures which are deemed to be unsafe or dangerous
buildings by the Building Official pursuant to the above stated codes
shall be declared to be public nuisances, and shall be abated in accordance
with either the abatement procedure of the above stated codes or the
abatement procedure as set forth below.
[Ord. #86-04; 1958 Code § 7.15.020]
a.
The Building Official shall examine or cause to be examined every
building or structure or portion thereof reported dangerous or damaged.
If such is found to be an unsafe building, the Building Official shall
obtain a preliminary title report as to the building or structure
or land on which it is located which shall identify all owners of
record, lessees of record, holders of mortgages, deeds of trust, or
other liens and encumbrances of record. The Building Official shall
serve upon each such person, by personal service or by certified mail,
postage prepaid, return receipt requested, a written notice stating
the defects of the building or structure and requiring the owner to
commence either the required repairs or improvements, or demolition
and removal of the building or structure or portions thereof within
ten (10) days and to complete such work within sixty (60) days from
the date of the notice. The notice shall be sent to each such person
at their address as it appears on the last equalized assessment roll
of the County, or as known to the Building Official. If no address
of any such person so appears or is known to the Building Official
then a copy of the notice shall be so mailed, addressed to such person,
at the address of the building or structure found by the Building
Official to be unsafe. Service by certified mail shall be effective
on the date of mailing. The Building Official shall cause at least
one (1) copy of the notice bearing title letters at least one (1")
inch high reading "NOTICE TO ABATE NUISANCE," to be posted conspicuously
on the building, structure of portion thereof alleged to be unsafe.
b.
If the building or structure is occupied, and the Building Official
finds that protection of human safety necessitates that it be vacated,
the notice shall also require that it be vacated. The notice shall
also require that the building, structure or portion thereof be vacated
not later than thirty (30) days from the date of the notice. The Building
Official shall serve by first class mail, postage prepaid, a notice
to the occupant of each dwelling unit or unit under separate use in
the building or structure found to be unsafe, stating that the Building
Official has, as a result of an inspection, found the building or
structure to be unsafe and unfit for human occupancy, and advising
the occupant that he must vacate the building or structure by the
date stated on the notice. Further occupancy is unlawful and constitutes
an infraction. The Building Official shall cause to be posted at or
upon each exit of the building or structure a notice in substantially
the following form:
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NOTICE TO VACATE
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The Building Official of the City of Albany has found this building
to be unsafe and unfit for continued human occupancy. This building
or structure must be vacated not later than __________________. It
is an infraction to occupy this building or structure beyond such
date, or to remove or deface this notice.
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DATE:
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BUILDING OFFICIAL
CITY OF ALBANY
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c.
No person shall enter or remain in any building which has been posted
with a notice to vacate, as specified in this subsection, after the
date upon which such notice requires the building to be vacated, except
that entry can be made:
d.
No person shall remove or deface any notice posted pursuant to this
subsection until the required repairs, demolition or removal have
been completed and a Certificate of Occupancy is issued.
e.
Proof of service of notices shall be certified to, at the time of
service by written declaration under penalty of perjury executed by
the person effecting the service, declaring the time, date and manner
in which service was made. The declaration, together with any receipt
card returned in acknowledgment of receipt by certified mail, shall
be affixed to the copy of the notice and order retained by the Building
Official.
[Ord. #86-04; 1958 Code § 7.15.030]
If the owner of the building or structure does not comply with the notice prescribed by subsection 12-5.2, by commencing the required work within the time allowed, or make such other arrangement as may be satisfactory to the Building Official, the Building Official shall thereupon direct the City Clerk to send the following notice, or one substantially similar thereto, by certified mail, postage prepaid, return receipt requested to the owner, mortgage holder, deed of trust holder, or holder of any other lien, encumbrance, estate or legal interest of record as to the building or structure, as disclosed by the preliminary title report obtained pursuant to subsection 12-5.2. The cost of the title report shall be charged to the owner in the same manner and using the same procedure as all other costs incurred by the City which are to be charged to the owner as set forth in this subsection.
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NOTICE OF HEARING BEFORE THE CITY COUNCIL OF THE CITY
OF ALBANY
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The owner of the building situated at _______________________is
hereby notified to appear before the City Council of the City of Albany
at its meeting to be held on ____________________________________at
the Council Chambers, 1000 San Pablo Avenue, Albany, CA at the hour
of ____________________or as soon thereafter as she/he may be heard
and show cause, why (the building) (the following portion of the building:__________________________)
should not be declared to be a public nuisance, and the nuisance be
abated by repairing, demolishing or removing (said building) (said
portion of the building) and charging the costs thereof to the owner.
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[Ord. #86-04; 1958 Code § 7.15.040]
a.
At the time fixed on the notice, the City Council shall proceed to
hear the testimony of the Building Official and his assistants and
the testimony of the owner or his representatives, and other competent
persons who may be present and desire to testify thereof, the estimated
cost of its reconstruction, repair or removal, and any other matter
which the City Council may deem pertinent thereto.
b.
Upon the conclusion of the hearing, the City Council may by resolution
declare its findings and, in the event it so concludes, it may declare
the building or the pertinent portion thereof to be a public nuisance
and direct the owner to obtain the proper permits and physically commence
abatement of the building, or pertinent portion thereof, located on
the identified site, within fifteen (15) days after the date of posting
on the premises a notice of adoption of the resolution, and to complete
the abatement within seventy-five (75) days:
c.
Such resolution shall, further, notify the owner that if the nuisance
is not abated, the building or pertinent portion thereof will be demolished,
removed, and that the expenses thereof shall be made a lien on the
lot where the building or pertinent portion thereof is located.
d.
On or about the day the premises are posted, the City Clerk shall
send copies of the resolution to the person or persons owning the
land on which the building is located, as such person's name and address
appears on the last equalized assessment roll or as known to the City
Clerk, and to each lessee, mortgage holder, deed of trust holder,
or holder of any other lien, encumbrance, estate or legal interest
of record as shown on the preliminary title report obtained pursuant
to this subsection, at the last known address of each such person.
e.
The City Clerk shall file a certified copy of any resolution declaring
a building or portion thereof to be a public nuisance with the recorder
of Alameda County.
f.
The City Council will consider an extension of time of the time limits
set by resolution under paragraph b of this subsection if the owner
posts a cash deposit, in an amount fixed by the City Council, within
three (3) days from the day of the grant of extension request.
[Ord. #86-04; 1958 Code § 7.15.050]
a.
In the event the owner does not obtain the proper permits and physically commence the abatement of the nuisance located on the identified site within the fifteen (15) days prescribed, the Building Official is authorized to raze, demolish, remove, rehabilitate or repair the building, or pertinent portion thereof, in accordance with the resolution of the City Council declaring the same to be a public nuisance, or have the work done under his direction or supervision, or pursuant to purchase order or contract as prescribed in subsection 12-5.7.
b.
The Building Official shall keep an itemized account of all expenses
involved in the razing, demolishing, removing, rehabilitation, reconstruction
or repair of any building.
c.
The City Clerk is to set hearings on statements of expenses. The
Building Official shall submit an itemized statement of expenses to
the City Clerk, who shall mail a copy of the statement to the person
or persons owning the land and to any holder of any interest of record
along with a notice of the time and place when and where the statement
shall be submitted to the City Council for approval and confirmation.
[Ord. #86-04; 1958 Code § 7.15.060]
a.
At the time fixed for the hearing of the statement of expense, the
City Council shall consider the statement together with any objections
or protests which may be raised by any of the property owners liable
to be assessed for the doing of the work and any other interested
person, after which by resolution the report as submitted, or as ordered,
revised, corrected or modified by the City Council, shall be confirmed
and adopted.
b.
If the statement is not paid within five (5) days after the adoption
of the resolution, it shall constitute a lien upon the real property
from which the building or structure was removed, and shall be collected
as a special assessment against the real property. The resolution
shall, further, direct that the City Clerk shall file with the Auditor
of Alameda County, the County Assessor and Tax Collector, certified
copies of the resolution and the statement adopted therein. The Clerk
shall direct the Auditor to enter the amounts of the charges against
the real property described in the statement and resolution as it
appears on the current assessment roll. The amount of the charge shall
constitute a lien against the real property against which the charges
have been imposed. The Tax Collector shall include the amount of charges
on bills for taxes levied against the real property. Thereafter, the
amount of the charge shall be collected at the same time and in the
same manner and by the same person as the City, and shall be subject
to the same penalties and interest upon delinquent payment.
[Ord. #86-04; 1958 Code § 7.15.070]
Whenever this Code provides that the Building Official is authorized
to cause a building, structure or portion thereof which has been declared
to be a public nuisance to be demolished, removed, reconstructed,
rehabilitated or repaired, or to abate any nuisance by appropriate
action involving the construction, grading, filling, removal or demolition
of any object, such Building Official is authorized to issue purchase
orders or to enter into contracts on behalf of the City with private
contractors in accordance with the procedures set forth in such ordinance
or ordinances of the City governing the solicitation of bids for purchases
and contracts, and such rules and regulations as have been or may
be promulgated thereunder.
[Ord. #86-04; 1958 Code § 7.15.080]
When the City Council has, by resolution, declared that a building
is a public nuisance pursuant to this chapter, and such resolution
has been recorded, and thereafter such nuisance is abated by repair,
rehabilitation, demolition, relocation, or otherwise, the Building
Official shall prepare and file with the Recorder of Alameda County,
a certificate stating that such nuisance has been abated, and indicating
the method of abatement.
