A. 
Commencement of Proceedings. Whenever the director or chief building official has inspected or caused to be inspected any building, dwelling unit and/or dwelling, and has determined that a violation of this article or Article 15.04 exists, the same being declared to be a public nuisance, the director or chief building official shall institute any appropriate action or abatement proceedings to resolve the violation by repair, rehabilitation, vacation or demolition of the building, dwelling unit and/or dwelling consistent with the procedures established herein or otherwise available by law.
B. 
Notice and Order. The director or chief building official shall issue a notice and serve a notice and order directed to the owner(s) and those parties identified in subsection C. The notice and order, issued pursuant to subsection C of this section, shall contain:
1. 
Address. The street address or legal description sufficient for identification of the location of the building, dwelling unit and/or dwelling is located.
2. 
Nature of Violation. A statement that the director or chief building official has found the building, dwelling unit and/or dwelling or portion thereof to be substandard or that the building, dwelling unit and/or dwelling or portion thereof to be dangerous and a factual description of each and every condition found to render the building, dwelling unit and/or dwelling or portion thereof substandard and/or dangerous as defined in this article.
3. 
Action Required. A statement of the action required to be taken as determined by the director or chief building official. The action required may advise as follows:
a. 
Repair/Modification. If the director or chief building official has determined that a building, dwelling unit and/or dwelling must be repaired or modified, then the director or chief building official shall order that the work be done, that all required permits be secured within 30 days from the effective date of the notice and order, and that the work shall actually commence within 60 days from the effective date of the notice and order, and shall be completed within such time as the director or chief building official shall determine is reasonable under all of the circumstances, including the purposes and intent for enactment of this article. For purposes of this article the "effective date" shall be the same as the effective date of service pursuant to Section 15.56.110(C)(4).
b. 
Choice Between Repair and Demolition. Notwithstanding subsection 3(a), the owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the owner shall be required to bring the building, dwelling unit and/or dwelling into compliance pursuant to the schedule identified by the director or chief building official pursuant to subsection 3(a). If the owner chooses to demolish the building, dwelling unit and/or dwelling all required permits for demolition must be secured within 30 days from the effective date of the notice and order, and that the demolition be completed within such time as the director or chief building official shall determine is reasonable under all of the circumstances, including the purposes and intent for enactment of this article. If the owner fails to make a timely choice, fails to repair on schedule, selects an option which cannot be completed in a reasonable time, as determined by the director or chief building official, the county may itself institute abatement actions, including demolition if it determines repair is not economically feasible pursuant to Section 15.56.120(C), and may thereafter seek to recover all costs thereby incurred from the owner which may become a lien against the subject property as a special assessment collectable in the same manner as property taxes.
c. 
Vacation. If the director or chief building official has determined that the building, dwelling unit and/or dwelling or portion thereof is in such condition as to make it immediately dangerous as determined by the director or chief building official to the life, health, property or safety of its occupants, the public or adjacent property, the order shall require that the building, dwelling unit and/or dwelling or portion thereof shall be vacated within a time certain established in the notice and order as determined by the director or chief building official to be reasonable under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent of enactment of this article.
d. 
If a substandard or dangerous structure, dwelling unit and/or dwelling is currently vacant, the director or chief building official may post the structure to prevent unauthorized entry or use.
e. 
Securing/Boarding Against Entry. If the building, dwelling unit and/or dwelling is to be vacated or is vacant, the director or chief building official may require also that the building, dwelling unit and/or dwelling or portion thereof be boarded and fenced against entry or otherwise secured as approved by the director or chief building official. The specifications for the boarding of vacant properties, dated August, 1987, issued by the United States Department of Housing and Urban Development, or such other similar plans and specifications for boarding vacant properties as may be promulgated by state or federal agencies and are designed to adequately protect against entry without creating any unreasonable risk to the life, health, property, safety, or welfare of the public shall be followed.
f. 
Eliminate Risk of Hazardous Material. If following an inspection of a building, dwelling unit and/or dwelling or any portion thereof, the director or chief building official determines, in writing, that there is reasonable cause to believe that, because of the presence of friable asbestos or other hazardous material, there is a serious risk to the life, health, property, safety, or welfare of its occupants, the public, or the adjacent neighborhood, then the director or chief building official may order the owner of the building, dwelling unit and/or dwelling or the portion thereof to take all steps necessary to define and eliminate the risk within a time certain from the date of the order as determined by the director or chief building official to be reasonable under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent for enactment of this article. To confirm the elimination of the risk, the owner of the building, dwelling unit and/or dwelling or portion thereof shall, at his or her expense and within the same time certain as established in the order, obtain the services of a qualified health professional acceptable to the director or chief building official to perform a comprehensive site assessment and prepare a written report to the director or chief building official detailing the absence of the risk.
g. 
If the director or chief building official determines that a health or safety hazard is present which is imminent and extreme, immediate abatement of such hazard may be ordered.
4. 
Time Requirements to Commence Required Work. Statements advising that if any required or demolition work is not commenced within the time specified, the director or chief building official may, if warranted, order the building, dwelling unit and/or dwelling vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done, and charge the costs thereof against the property or to its owner, or both.
5. 
Possible Sanctions for Noncompliance. Statements advising that if all required actions are not completed in accordance with the order and in compliance with the housing code, any or all of the following remedies may be employed:
a. 
Assessment of enforcement fees as described in Part 10;
b. 
A court magistrate enjoins owner from collecting rents, encumbering or transferring the property;
c. 
Assessment of all costs of enforcement and abatement as a lien against the property, including but not limited to costs for: inspections, repairs, boarding and fencing, vacation, demolition, appointment of a receiver and all costs and fees of the receiver including the receivers power to encumber the property, relocating the occupants for up to 120 days, and reasonable attorney fees and costs;
d. 
Civil contempt orders ranging in civil penalties up to $2,500 per violation in certain instances, and up to $6,000 per violation in other instances;
e. 
Criminal misdemeanor convictions ranging in criminal fines up to $1,000 and six months in jail per violation in certain instances, and up to $5,000 and 12 months in jail per violation in other instances;
f. 
Inability to deduct from state taxes, expenses for interest, taxes, depreciation or amortization with the building; and
g. 
Certain other injunctive and legal relief as may be warranted under the particular circumstances presented.
6. 
Appeal. The notice and order shall include a summary of appeal rights of the same including:
a. 
Scope of Appeal. Any owner, party in interest, or other person entitled to service under subsection C of this section, may appeal from the notice and order, to the hearing panel or request a hardship deferral of a notice and order pursuant to Health and Safety Code Section 17959.4, or its successor provision, provided the appeal is in writing as required by Part 6 of this article and filed with the clerk within 15 days from the effective date of service of such notice and order and accompanied by the filing fee; and
b. 
Effect of Failure to Appeal. The failure to appeal in accordance with the provisions of this article shall constitute a waiver of any right to an administrative hearing and failure to exhaust administrative remedies on the determination set forth in the notice and order.
C. 
Service of Notice and Order. Service and Method of Services of the Notice and Order shall be as follows:
Parties Entitled to Service and Method of Service.
1. 
Owner(s) of real property, dwelling unit and/or dwelling identified in notice and order:
a. 
Personal Service. A copy of the notice and order shall be served personally on the owner(s) of the real property, dwelling and/or dwelling unit identified in the notice and order.
b. 
Mailed Notice. A copy of the notice and order shall be served by certified first class mail, return receipt requested and regular first class mail at the address(es) for the owner(s) as shown on the last equalized assessment roll. If no address can be found for the owner as a result of a good faith effort to locate such an address, then the notice shall be mailed to the owner(s) at the address of the property, dwelling and dwelling unit identified in the notice and order;
2. 
Interested Parties Entitled to Service.
a. 
Occupant(s): The notice and order shall be served upon the occupant(s) of the real property, dwelling unit and/or dwelling pursuant to the provisions of subsection (C)(1)(a) and (b).
b. 
Mortgage and/or Lien Holders. The holder of any mortgage or deed of trust or other lien or encumbrance disclosed by a reasonable search of the public records of the county shall be served pursuant to subsection (C)(1)(b).
c. 
Parties with Recorded Interest. The holder of any recorded lease, estate or other legal interest of record to the real property, dwelling unit and/or dwelling disclosed by a reasonable search of the public records of the county shall be served pursuant to subsection (C)(1)(b).
d. 
Recorded Notices of Pending Action. If notices of pending action are recorded on the real property, dwelling unit and/or dwelling, notice shall be sent pursuant to subsection (C)(1)(b).
3. 
Posted Notice. The notice and order shall be posted on the physical real property, dwelling unit and/or dwelling. The notice and order shall be posted at such locations as are reasonably certain to be seen by adjacent property owners and occupants of the real property, dwelling unit and/or dwelling.
4. 
Effective Date of Service. For purposes of this article, "effective date of service" of any notice or order is as follows:
a. 
Personal service shall be effective on the date of service.
b. 
Mailed service is effective five calendar day of the date of the proof of service of such mailing.
c. 
Posted service is effective on the date of posting, which shall be documented by dated photograph of the posting.
D. 
Failure to Receive Notice. The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this section or by law.
E. 
Proof of Service. Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the person(s) effecting 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 director or chief building official.
F. 
Recordation.
1. 
Certification of Nuisance. If compliance with the order is not had within the time specified therein, and no appeal has been properly and timely filed, the director or chief building official shall file in the office of the Placer County recorder a certificate describing the property and certifying that:
a. 
The building, dwelling unit and/or dwelling or portion thereof is a nuisance as defined in this article; and
b. 
The owner has been so notified.
2. 
Certification of Abatement. Whenever the repairs ordered shall thereafter have been completed or the building, dwelling unit and/or dwelling demolished so that it no longer exists as a nuisance on the property described in the certificate and all costs of enforcement have been paid, the director or chief building official shall file a new certificate with the Placer County recorder certifying that the building and/or dwelling or portion thereof has been repaired, or demolished, and that the dwelling or portion thereof is no longer a nuisance, whichever is appropriate under the circumstances.
(Prior code § 25.10; Ord. 5202-B, 2002; Ord. 5790-B § 10, 2015)
A. 
Owner's Choice. Upon issuance of a notice and order, the owner shall have the choice of repairing or demolishing the building, dwelling unit and/or dwelling or portion thereof at issue. However, if the owner chooses to repair the building, dwelling unit and/or dwelling, the director or chief building official shall require that the building and/or dwelling be brought into compliance according to a reasonable and feasible schedule for expeditious repair. Permits to repair or demolish must be instituted within 30 days of the notice and order and the work shall actually commence within 60 days from the effective date of the notice and order, and shall be completed within such time as the director, or chief building official, shall determine is reasonable under all of the circumstances, including the purposes and intent for enactment of this article.
B. 
County's Authority to Act. Where the director or chief building official determines in light of the purpose and intent of this article that the violations of this article are extensive and of such a nature that the health and safety of the occupants or the public is substantially endangered, the county itself may cause the vacation of the building, dwelling unit and/or dwelling, and institute any other appropriate action or proceeding if any of the following occur:
1. 
The repair work is not done as scheduled;
2. 
The owner does not make a timely choice of repair or demolition;
3. 
The owner selects an option which cannot be completed within a reasonable period of time, as determined by the director or chief building official, for any reason, including but not limited to, an outstanding judicial or administrative order.
C. 
Preferences. In deciding whether to require vacation of the building, dwelling unit, and/or dwelling or to repair as necessary, the director or chief building official shall give preference to the repair of the building, dwelling unit and/or dwelling whenever it is economically feasible to do so, without having to repair more than 75% of the building and/or dwelling, as determined by the director or chief building official, and shall give full consideration to the needs for housing in the county's housing element.
If the director or chief building official, has determined that it is not economically feasible to repair the building, dwelling unit and/or dwelling or portion thereof, and that the building and/or dwelling must be demolished, then the director or chief building official shall require the building, dwelling unit and/or dwelling to be vacated within such time (not to exceed 30 days from the effective date of the order) as the director or chief building official shall determine is reasonable under all of the circumstances including the purposes and intent for enactment of this article; all required permits for demolition be secured within 30 days from the effective date of the order; and that the demolition be completed within such time as the director or chief building official shall determine is reasonable under all of the circumstances including the purposes and intent for enactment of this article. The costs associated with this are to be considered part of enforcement and are thus collectable as an enforcement cost. The economical feasibility to repair shall be determined as follows:
1. 
On the basis of a written appraisal of the building and/or dwelling performed by a qualified appraiser establishing its fair market value in its condition at the time of the notice and order issued under this article and its fair market value if repaired so as to meet the standards set forth in this article; and
2. 
On the basis of a written estimate prepared by a licensed general contractor detailing the repairs required to be made and the cost of the repairs.
Notice of the director's or chief building official's determination to demolish the building, dwelling unit and/or dwelling or portions thereof shall be given to the owner and all parties in interest upon the director's or chief building official's determination that it is not economically feasible to repair the building, dwelling unit and/or dwelling along with the notice of right to appeal such determination as provided under Part 6 of this article.
(Prior code § 25.11; Ord. 5790-B § 11, 2015)
Nothing herein shall require that the director or chief building official of the county take direct action to repair, demolish or vacate a building, dwelling unit and/or dwelling. Notwithstanding any provisions herein to the contrary, if the director or chief building official determines that the conditions described in Section 15.56.120(B) of this article are present concerning the county's authority to act, and that it is otherwise appropriate to institute direct county action to repair, demolish or vacate a building and/or dwelling, the director or chief building official shall serve Notice for Application for Final Order of Abatement thereof to all parties entitled to notice under Section 15.56.110(C).
A. 
The notice herein shall contain:
1. 
Address. The street address or legal description sufficient for identification of the premises upon which the building and/or dwelling is located.
2. 
Nature of Violation. A statement that the director or chief building official has found the building and/or dwelling or portion thereof to be substandard and a brief factual description of each and every condition found to render the building and/or dwelling or portion thereof substandard as defined in this article.
3. 
Application for Order. A statement that the director or chief building official intends to apply for a final order authorizing the county to repair, demolish or vacate the subject building, dwelling unit and/or dwelling in accordance with its terms, without the consent of the tenants or owner.
4. 
Date, Time and Location. A statement of the date, time and location on or after which the director's or chief building official's application will be heard before a hearing panel appointed by the board for the purpose. The notice shall contain the agency contact name, address, and telephone number.
5. 
Appearance. A statement that any party in interest may appear at the hearing and present evidence to show why the intended action should or should not occur.
6. 
Failure to Appear. A statement that failure to appear shall constitute a waiver of any right to an administrative hearing, a failure to exhaust administrative remedies and final determination of this matter.
7. 
Conduct of Hearing. A statement that the hearing will be conducted in the manner provided in this article concerning conduct of appeals.
8. 
Scope of Hearing. A statement that the director or chief building official shall offer evidence in support of the existence of the following conditions concerning the subject property:
a. 
The violations of this article are extensive;
b. 
The violations of this article are of such a nature that the health and safety of the occupants or the public is substantially endangered; and
c. 
The repairs required to correct the violations have not been accomplished as scheduled.
9. 
Possible Orders. A statement that if the hearing panel finds by a preponderance of the evidence that the above described conditions exist concerning the subject property the hearing panel may then order that the county may directly or by contract, and without consent of the tenants or owners:
a. 
Repair/Modification. Repair or modify the building, dwelling unit and/or dwelling in a manner appropriate under the circumstances; or
b. 
Demolish. Demolish the building, dwelling unit and/or dwelling in a manner appropriate under the circumstances if the hearing panel also finds by a preponderance of the evidence that it is not economically feasible to repair the building and/or dwelling; and
c. 
Vacation. Vacate the building, dwelling unit and/or dwelling in a manner appropriate under the circumstances if the hearing panel also finds by a preponderance of the evidence that occupants of the building, dwelling unit and/or dwelling are or will be immediately endangered by the condition of the building or the county's actions.
10. 
Lien for All Costs of Abatement. A statement that upon completion of all repairs or demolition the director or chief building official may present all costs of enforcement, including costs of repair or demolition ordered under this article, enforcement and inspection fees and costs to the board of supervisors for review and confirmation and possible assessment as a lien against the subject property as provided under Section 15.56.230 of this article.
B. 
Conduct of Hearing. The hearing shall be conducted in the manner provided in Section 15.56.180(D).
C. 
Findings and Decision. Within 10 days after the conclusion of the hearing, the hearing panel shall transmit in writing its findings of fact and decision to the director and/or chief building official. A copy of the decision shall be delivered to each appellant, owner and interested party noticed in this matter pursuant to Section 15.56.110(C). The decision of the hearing panel shall be final.
D. 
If the hearing panel authorizes the issuance of a Final Order of Abatement in its decision, the director or chief building official shall prepare the same, including the findings and decision of the hearing panel, and serve the same on all parties pursuant to Section 15.56.110(C).
(Prior code § 25.12; Ord. 5202-B, 2002; Ord. 5790-B § 12, 2015)
A. 
If the director or chief building official has determined: (1) that the building, dwelling unit and/or dwelling or portion thereof, is in such condition as to make it immediately dangerous to the life, health, property or safety of its occupants, the public or adjacent property; and (2) the condition cannot be immediately abated, the director or chief building official shall order that the building, dwelling unit and/or dwelling, or portion thereof, shall be vacated within a time certain from the effective date of the order as determined reasonable by the director or chief building official under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent of this article. The director or chief building official shall give notice of this order as provided in Section 15.56.110(C) concerning method of service and shall post such order as herein described.
B. 
The director or chief building official shall not require the vacating of a building, dwelling unit and/or dwelling unless the director or chief building official concurrently requires expeditious demolition or repair to comply with the housing code.
C. 
If a substandard or dangerous structure is currently vacant, the director or chief building official may post the structure to prevent unauthorized entry or use.
D. 
Posting. Every notice to vacate shall, in addition to being served as provided in Section 15.56.110(C)(3), be posted at or upon each exit of the building, dwelling unit and/or dwelling and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, remove boards, and/or to remove or deface this notice
Director of Environmental Health Services
Department of Health and Human Services
and/or Chief Building Official
Placer County Building Services of the Community Development Resource Agency
County of Placer
E. 
Compliance. Whenever such notice is posted, or a structure boarded pursuant to this article, the director or chief building official shall include a notification thereof in the notice and order issued by him or her under Section 15.56.110(C), reciting the existence of an immediate danger requiring the need to keep the premises unoccupied and specifying the conditions which cause the immediate danger. No person shall remain in or enter any building, dwelling unit and/or dwelling which has been so posted, except that the entry may be made to repair, demolish or remove such building, dwelling unit and/or dwelling under a proper permit issued by the director or chief building official. No person shall remove or deface any such notice after it is posted until the required repairs or demolition have been completed and approved by the director or chief building official as meeting the housing code and the other applicable standards of this article. No person shall remove or deface any boards without the prior written permission of the director or chief building official. Any person violating this subsection shall be guilty of a misdemeanor.
(Prior code § 25.13; Ord. 5202-B, 2002; Ord. 5790-B § 13, 2015)
Notwithstanding any provision herein to the contrary, occupants of a building, dwelling unit and/or dwelling which is the subject of a notice and order issued under this article shall be provided notice of any violation described therein, including any decision by the director, chief building official or the county to vacate, repair or demolish, and the issuance of a building permit or demolition permit following of such notice and order by the director or chief building official pursuant to Section 15.56.110(C).
(Prior code § 25.14; Ord. 5790-B § 14, 2015)