All buildings or structures which are structurally unsafe, or are partially destroyed by fire, or are dilapidated from old age, abandonment, neglect, decay or other causes within the city, which constitute a fire menace, fire hazard or are dangerous to human life, may be declared a nuisance by the city council and thereafter abated as herein provided.
(Prior code § 7-38; Amended during 1990 codification)
A. 
Notwithstanding any other provision of this code, whenever in the opinion of the building official, there is imminent danger to the public due to an unsafe condition of any vacant, unoccupied or abandoned residential structure or other building, the building official, or designee thereof, may immediately enter such property for the limited purpose of boarding up or otherwise securing openings and any and all entrances to such structure or other building against unauthorized entry, in order to render the same temporarily safe. The building official may take such other emergency action as he or she deems necessary to minimize such imminent danger.
B. 
The costs incurred by the city in installing temporary safeguards and/or taking other emergency measures as authorized by this section, shall be recoverable as a cost of nuisance abatement, in accordance with the provisions of Sections 15.24.100 through 15.24.120 of this chapter, or as otherwise provided by law.
(Ord. 1517 § 1, 2008)
A. 
Whenever any such building or structure exists or is permitted upon any property within the city, the city council may by resolution declare its intent to conduct a public hearing to determine whether the same constitutes a public nuisance. Such resolution shall declare the intention of the city council to commence abatement proceedings as herein provided and shall refer to the street address thereof and describe the property by the lot and block number thereof, and no other description of the property shall be required.
B. 
The city clerk shall forward a certified copy of the resolution to the county recorder for recordation.
(Prior code § 7-39; Amended during 1990 codification)
After the passage of the resolution, the building official shall cause to be conspicuously posted on the building or buildings, structure or structures, a certified copy of the resolution of intention and at least two notices of the time and place of hearing before the city council, which such notices shall be entitled: "NOTICE OF HEARING TO ABATE BUILDING OR STRUCTURE" in letters of not less than one inch in height and substantially in the following form:
NOTICE OF HEARING TO ABATE BUILDING OR STRUCTURE
Notice is hereby given that on the ..............day of ...........20...........the City Council of the City of Buena Park passed a resolution declaring its intention to conduct a public hearing to determine whether those certain (buildings) (structures) ............................ located upon that certain real property, situated in the City of Buena Park, State of California, known and designated as (street address), in said City, more particularly described as (description), constitutes a public nuisance which must be abated by the rehabilitation, repair or demolition of said (buildings) (structures); if said premises, in whole or in part, are found to constitute a nuisance, and if not abated, the same will be abated by the City, in which case, the cost of such abatement will be assessed upon and against the land on which said (buildings) (structures) (is) (are) located and that the cost thereof will be constituted a lien upon such land until paid. Said matter will be processed in accordance with Chapter 15.24 of the Buena Park City Code. Said nuisance consists of the following: (description)
All persons having any objection to, or interest in said matter, are hereby advised to attend a meeting of the City Council of the City of Buena Park, to be held in the City Hall, located at 6650 Beach Boulevard, Buena Park, California, on the day of ..........20....., at the hour of ..........(a.m.) (p.m.) of said day, when their evidence relating to said matter will be heard and given due consideration.
DATED: This ..........date of ........., 20........
BY ORDER OF THE CITY COUNCIL OF THE CITY OF BUENA PARK
.............................
Building Official
(Prior code § 7-41; Amended during 1990 codification)
A. 
The building official shall cause to be served upon the owner of each building or structure sought to be removed or repaired, one copy of the notice provided for in Section 15.24.040 and a certified copy of the resolution of intention of the city council, in accordance with the provisions of Section 15.24.060.
B. 
Such notices and resolutions must be posted and served as aforesaid, at least fifteen days before the time fixed for the hearing before the city council, and proof of posting and service of the notices and resolutions shall be made by declaration which shall be filed with the city clerk.
(Prior code § 7-42; Amended during 1990 codification)
A. 
Proper service of the notice and resolution under this chapter shall be by personal service upon the owner or by depositing a copy of such notice and resolution in the U.S. Post Office properly enclosed in a sealed envelope and with postage thereon fully prepaid. Such mail shall be registered or certified and addressed to the owner at the last known address of such owner. The service is complete at the time of deposit.
B. 
"Owner" means any person having or claiming to have any legal or equitable interest to the fee relating to the premises, as disclosed by a title search conducted by a title company within two months prior to such service.
(Prior code § 7-43)
At the time stated in the notices, the city council shall hear and consider all objections or protests, if any, shall receive staff reports, testimony from owners, witnesses and parties interested relative to the proposed removal or repair of such unsafe or dilapidated buildings or structures, and may continue the hearing from time to time. Upon the conclusion of such hearing, the city council shall, based upon all the evidence, determine whether or not the buildings or structures, or any part thereof, constitute a nuisance, and whether or not such should be abated.
(Prior code § 7-44)
If it is determined that the same constitutes a nuisance and that such building or structure should be removed or repaired, the city council by resolution shall order the abatement. The council shall in such resolution order the building official to abate the nuisance after a period of thirty days, or such other time as the council sets in the resolution, by having the unsafe or dilapidated buildings or structures referred to removed or repaired, and he and his or her authorized representatives are hereby expressly authorized to enter upon private property for that purpose. The abatement may be by city forces or private contract.
(Prior code § 7-45; Amended during 1990 codification)
A copy of the resolution ordering the abatement shall be served upon the owner of the property in accordance with the provisions of Section 15.24.060. The resolution shall contain a description of the corrections and/or repair necessary to comply with the abatement order. Any property owner shall have the right to have any such unsafe or dilapidated building or structures removed or repaired at his or her own expense, provided the same is done prior to the expiration of the thirty days or the time specified by the council. The time for abatement set by the resolution may be extended by the council for good cause shown.
(Prior code § 7-46; Amended during 1990 codification)
A. 
The building official shall keep an account of all costs of abating such nuisance on each separate lot or parcel of land where the work has been done, and shall render an itemized report in writing to the city council showing the cost of repairing, rehabilitation, demolishing or removing the buildings or structures on each separate lot or parcel of land; provided that, before such report is submitted to the city council, a copy of the same shall be posted for at least fifteen days upon the property upon which the unsafe or dilapidated buildings or structures were situated, together with a notice of the time when the report shall be submitted to the city council for confirmation, and a copy of the report and notice shall be served upon the owner of the property, in accordance with the provisions of Section 15.24.060, at least fifteen days prior to submitting the same to the council. Proof of such posting and service shall be made by declaration and filed with the city clerk.
B. 
"Costs" means and includes the expenses of the city of notices, specifications and contracts and in inspecting the work, costs of title reports, and the costs of printing and mailing required hereunder.
(Prior code § 7-47; Amended during 1990 codification)
At the time and place fixed for receiving and considering the report provided for in Section 15.24.100, the city council shall hear and pass upon the report, together with any objections or protests which may be raised by the property owners liable to be assessed for the work of abating such nuisance, and other interested persons. The city council may make such revision, correction or modification in the report as it may deem just, after which by resolution, the report, as submitted or as revised, corrected or modified, shall be confirmed, provided that the hearing or consideration may be continued from time to time. The decision of the city council on all protests and objections which may be made shall be final and conclusive.
(Prior code § 7-48; Amended during 1990 codification)
The amount of the cost of abating such nuisance upon the various lots or parcels of land, as confirmed by the city council, shall constitute special assessments against the respective lots or parcels of land to which it relates, and after its recording shall constitute a lien on the property for the amount of such assessments, respectively. After the confirmation of the report, a copy shall be turned over to the assessor and tax collector for the city, whereupon it shall be the duty of the assessor and tax collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes, and thereafter such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
(Prior code § 7-49)
A. 
Nothing in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action to abate a nuisance as an alternative to or in conjunction with the proceedings herein set forth.
B. 
The procedure for abatement set forth in this chapter is an alternative procedure to any other procedure permitted by state or local law and shall not prohibit the use of any other lawful abatement procedure.
(Prior code § 7-50)
At the satisfactory conclusion of the proceedings, either by action of the property owner or the city, the city council shall adopt a resolution terminating the proceedings which shall be recorded in the office of the county recorder.
(Prior code § 7-51)