The city manager may initiate abatement proceedings if conditions
in violation of this chapter are found to exist. The abatement process
is initiated by giving the property owner advance notice of the abatement
proceedings. The city manager shall issue a written notice to abate
("notice"), which shall contain a statement of the action required
of the owner. The action required may be as follows:
A.
Repair.
If the city manager determines that a dwelling or building must be
repaired, then the notice shall order the dwelling, building or portion
thereof to be repaired, that all required permits be secured therefore,
and the repair work shall be completed within the time specified on
the notice, or within such time that city manager shall determine
is reasonable under all the circumstances.
B.
Repair
or Demolish. The owner shall have the choice between repairing or
demolishing; however, if the owner chooses to repair, the city manager
shall require that the building be brought into compliance with this
chapter, and all applicable laws, codes and regulations, according
to a written, reasonable and feasible schedule for expeditious repair.
If the owner chooses to demolish the building, all required permits
for demolition must be secured within the time specified on the notice,
and the demolition to be completed within such time as the city manager
shall determine is reasonable under all circumstances.
C.
Vacation
of Property. If the city manager has determined that the dwelling,
building or portion thereof is in such condition as to make it imminently
dangerous to the life, health, property, or safety of its occupants
the public or adjacent property, the notice shall require that the
dwelling building or portion thereof, shall be vacated within a time
specified on the notice as determined by the city manager to be reasonable
under all of the circumstances. The city manager shall not require
the vacating of the building unless the city manager concurrently
requires expeditious demolition or repair to comply with the provisions
of this chapter. If vacation of the dwelling building or portion thereof
is required by the city manager, the city manager shall provide the
property owner written notice of the relocation procedures set forth
in Article VII of this chapter.
D.
Boarding
Against Entry. If an offending dwelling or building is vacant, open
and accessible, the city manager shall require the property owner
to board the building or portion thereof, and that it remain secured
against entry. If a condition exists to the extent that the building
or portion thereof cannot be boarded, the city manager may also require
fencing or other remedies to secure the property against entry. This
action shall occur in accordance with the specifications for the boarding
of open and accessible properties issued by the United States Department
of Housing and Urban Development, or such similar plans and specifications
for boarding open and accessible properties in a manner designed to
adequately protect against entry without creating any unreasonable
risks to the life, health, property, safety, or welfare of the public.
E.
Eliminate
Risk of Hazardous Materials. If, following an inspection of a building
or any portion thereof, the city manager determines that there is
reasonable cause to believe that, because of the presence of friable
asbestos or other hazardous material (as defined by the Health and
Safety Code or other applicable provisions of state or federal law),
that there is a serious risk to the life, health, property, safety,
or welfare of its occupants, the general public, or the adjacent neighborhood,
then the city manager may order the owner to take all steps necessary
to eliminate the risk within the time specified on the notice. To
confirm the elimination of the risk, the owner of the building or
portion thereof shall, at his or her expense and within the same time
certain as established in the notice, obtain the services of a qualified
health professional acceptable to the city manager to perform a comprehensive
site assessment and prepare a written report to the city manager confirming
that a health risk no longer exists.
F.
Securing
Real Property. Whenever the city manager determines that any real
property is used for the dumping or disposal of any object or material
in a manner that violates provisions of this chapter or other provisions
of the city municipal code, the city manager may order the owner to
do any or all of the following to secure the property against further
disposal or dumping:
G.
Removing
Pay Telephones. Whenever the city manager determines that pay telephones
are used in violation of this chapter, the city manager may order
the owner to remove the pay telephone and to refrain from installing
another pay phone in a different location on the property or on contiguous
property for a period of one year from the date of removal.
(Ord. 03-1 § 2; Ord. 04-5 § 3; Ord. 12-11 § 3)
A.
In
General. Whenever the city manager finds any property to contain a
public nuisance as declared by this chapter, he or she shall notify
the owner of such property in writing by issuing a notice to abate
("notice") in a form developed by the city manager. The notice shall
state the conditions that constitute the public nuisance, and shall
order the owner to abate said conditions within thirty days after
the date of service of notice. The notice may provide for a shorter
period of time in which to abate the public nuisance in the event
that:
1.
The
condition which constitutes the public nuisance is not one which makes
the property substandard housing as defined by Health and Safety Code
Section 17920.3; or
2.
Prior
notices to abate the same condition have been sent within ninety days
prior to the most recently issued notice and the condition has not
been abated.
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All notices relating to the abatement of a pay telephone shall also be sent to the telephone vendor, if known. No notice shall be issued with respect to the use of pay telephones in violation of Section 19.05.001B) of this chapter unless the city manager has first made reasonable efforts to work with the property owner to correct the nuisance conditions by allowing the owner to take voluntary measures such as blocking incoming calls, adding lighting, changing the location of the telephone on the property, and/or making the telephone temporarily inoperative.
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B.
Substandard
Housing. Whenever the condition that constitutes a nuisance is a substandard
residential building, as defined by Health and Safety Code Section
17920.3, then the notice shall be sent not only to the owner, but
also to any mortgagee, insurer or beneficiary under any covenant,
deed of trust or other regulatory document of public record. The notice
shall state the conditions which render the building unfit for human
habitation and shall order the building or the affected portion of
it vacated, and further order that it be either repaired or demolished
within thirty days after the date of notice. If the city manager determines
that the conditions can be corrected or abated by repair, the notice
shall state the required repairs.
If such building is encumbered by a mortgage or deed of trust
of public record, and the owner does not comply with the notice on
or before the expiration of thirty days after its mailing and posting,
the mortgagee or beneficiary may, within fifteen days after the expiration
of said thirty-day period, comply with the requirements of the notice,
in which event the cost to the mortgagee or beneficiary in so doing
shall be added to and become a part of the lien secured by the mortgage
or deed of trust and shall be payable as provided by Title 25 of the
Code of California Regulations, Section 54.
C.
Manner
of Giving Notice.
1.
General.
The notice shall be delivered by certified U.S. mail, postage prepaid
and return receipt requested, U.S. mail delivery confirmation, U.S.
mail signature confirmation, or such other delivery method that is
reasonably calculated to provide actual notice to the property owner.
The names and addresses of owners appearing on the assessment roll
shall be conclusively deemed to be the proper persons and addresses
for the purpose of mailing such notices. Service is deemed complete
at the time of the deposit of the document in the U.S. mail.
The city manager, in his or her discretion, may, but shall not
be required to, provide additional notice by (a) posting a copy of
the notice conspicuously on the property or parts thereof to be abated;
(b) delivering, by mail, certified or otherwise, or personal delivery
of additional copies of the notice to any known occupants of the property;
and/or (c) by any other notice procedure deemed appropriate by the
city manager and reasonably calculated to provide actual notice to
the intended recipient. Such additional notice shall not impact the
conclusive effect of the notice given to the property owner as provided
in this subsection.
2.
Substandard
Housing. Whenever the condition which constitutes a public nuisance
also renders a building substandard, as defined by Health and Safety
Code Section 17920.3, then at least one copy of the notice shall be
posted conspicuously on the building alleged to be substandard; and
an additional copy shall be delivered by certified U.S. mail, postage
prepaid and return receipt requested; U.S. mail delivery confirmation;
U.S. mail signature confirmation; or such other delivery method that
is reasonably calculated to provide actual notice to the owner as
the person's name and address appear on the last equalized assessment
roll, and to any mortgagee or beneficiary on any note or deed of trust
of record. If the address of a mortgagee or beneficiary is unknown,
then that fact shall be stated on the copy so mailed, and the notice
shall be sent to the mortgagee or beneficiary addressed to him or
her at Yolo County, California.
3.
Notice
to Vacate. If the city manager orders that a building or portion be
vacated, the city manager shall post at or upon the front entrance
of the building a notice in substantially the following form:
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DO NOT ENTER
UNSAFE TO OCCUPY
IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING, OR TO REMOVE OR
DEFACE THIS NOTICE
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[SPECIALIST/OFFICER]
NUISANCE ABATEMENT CODE
CITY OF WEST SACRAMENTO
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4.
Affidavits.
The person sending such notice to abate shall file an affidavit under
penalty of perjury with the city clerk certifying the time, date and
manner in which notice was given and shall also file with the city
clerk any receipt card returned in acknowledgment of the notice. The
affidavit shall be maintained in the files of the nuisance abatement
program, which shall be accessible to the city clerk.
D.
Effect
of Failure to Serve or Failure to Receive Notice. The failure of the
city manager to serve any person with a notice to abate, or any other
notices required herein to be served, shall not invalidate any proceedings
hereunder as to any other persons duly served or relieve any such
person from any duty or obligation imposed on him or her by the provisions
of this chapter. The failure of any person served pursuant to this
chapter to actually receive, read, and/or review any such notices
and/or orders shall not affect the validity of any proceedings taken
under this chapter.
E.
Effect
of Appearance in Administrative Proceedings. Any person who appears,
either personally or by representative, in any administrative proceedings
pursuant to this chapter waives any defects in the service of any
notice(s) under this chapter unless such alleged defect in notice
is the sole basis for contesting the validity of any proceedings taken
under this chapter.
If a person appears and contests only defects in notice, pursuant
to this subsection, and the reviewing administrative officer or body
determines notice to be sufficient and in compliance with this chapter,
then the person contesting notice, at his or her/its request, shall
be entitled to a continuance of the hearing of not more than thirty
days in order to prepare for a hearing on the merits.
(Ord. 03-1 § 2; Ord. 04-5 § 3; Ord. 12-11 § 3)
Tenants in a residential building shall be provided a copy of
any notice served under this chapter concerning any violation which
affects the health and safety of the occupants and which violates
Civil Code Section 1941.1, any order declaring the property to be
substandard, the city's decision to repair or demolish, or the issuance
of a building or demolition permit following the abatement order.
Copies may be provided either by first class mail to each affected
residential unit or, at the discretion of the city manager, by posting
a copy in a prominent place on the property.
The failure of a tenant to receive the notice to abate or other
notices required by this chapter shall not affect in any manner the
validity of any proceeding taken under this chapter.
(Ord. 03-1 § 2; Ord. 12-11 § 3)
In the event the owner fails, neglects or refuses to comply with the notice to abate, the city manager shall serve the owner with an "order to show cause" which shall order such person to either abate the conditions specified in the notice to abate within the time determined by the city manager and specified in the order, or to appear before a hearing officer, at a stated date, time and place, not less than seven days from the date of the order, to show cause, if any, why the conditions should not be abated by the city at the owner's expense. The order to show cause shall be served and an affidavit filed with the city clerk in the manner specified in Section 19.05.005.
(Ord. 03-1 § 2; Ord. 04-5 § 3; Ord. 12-11 § 3)
Persons charged with a violation of the Nuisance Abatement Code
or other applicable laws are encouraged to meet with the city manager
and/or the appropriate department head or designee prior to requesting
a hearing to seek resolution of the matter. Such a meeting may be
requested before or after the request for a hearing is filed but the
holding of such meeting shall not be required by this code and a request
for the meeting shall not extend the time for filing the request for
hearing.
(Ord. 03-1 § 2; Ord. 04-5 § 3; Ord. 12-11 § 3)
The order to show cause shall be in substantially the following
form:
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NOTICE TO ABATE NUISANCE AND ORDER TO SHOW CAUSE
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Hearing Date:
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Time:
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Location:
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An initial determination has been made that there exists upon
the building, structure, lot or property located at___________________,
West Sacramento, California, condition(s) constituting a public nuisance(s)
under Section __________, Subdivision(s) _______________of the West
Sacramento Municipal Code.
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The conditions constituting the nuisance are .
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The methods of abatement available are .
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You have previously received a written Notice to Abate dated
______ requiring you to abate these conditions and have failed to
do so.
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YOU ARE HEREBY ORDERED to either:
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(a)
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ABATE THE ABOVE CONDITION(S) by repairing, replacing, removing,
destroying or otherwise remedying the condition(s) to the satisfaction
of the undersigned within _______calendar days of the date of this
Order;
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OR, alternatively,
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(b)
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TO APPEAR AND SHOW CAUSE, if any, before the Hearing Officer
at ________ located at_________, West Sacramento, CA ________, on
_________at __________o'clock _ .m., why these condition(s) should
not be abated by the City and the expenses of doing so be charged
to you as a personal debt and/or made a special assessment and lien
upon the property.
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All persons having an interest in said matters are notified
to attend the hearing, and their testimony and evidence will be given
due consideration.
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WARNING!
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(a)
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If you do not either abate the conditions or attend the hearing,
you will have waived your right to a hearing regarding the existence
of the nuisance. In that case, the City will abate the nuisance and
the expenses of doing so will be made a special assessment and lien
upon the property. In addition, you may be cited for violations of
the West Sacramento Municipal Code and subject to fines.
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(b)
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Once the City abates vehicles or other property, they may be
destroyed or otherwise disposed of as provided by law.
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(c)
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In accordance with Revenue and Taxation Code Sections 17274
and 24436.5, a tax deduction may not be allowed for interest, taxes,
depreciation or amortization paid or incurred in the taxable year
if these conditions are not abated.
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Dated:
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Code Enforcement Officer
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(Ord. 03-1 § 2; Ord. 04-5 § 3)
