On July 13, 1999, there were filed in the office of the City
Clerk, three copies of the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, as published by the International conference
of Building Officials. Said code is hereby incorporated in this code
by reference.
(Prior code § 14-500)
Section 801(a) of the Uniform Code for the Abatement of Dangerous
Buildings is hereby amended to read as follows:
Sec. 801(a) Procedure. When any work of repair or demolition
is to be done pursuant to Section 701(c)3 of this code, the Building
Official shall cause the work to be accomplished by City Personnel
or by private contract under the direction of the Building Official.
Plans and specifications therefor may be prepared by the Building
Official, or he or she may employ such architectural and engineering
assistance on a contract basis as he or she may deem reasonably necessary.
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(b)
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Costs. The cost of such work shall be paid from the Repair and
Demolition Fund, and may be made a special assessment against the
property involved, or be made a personal obligation of the property
owner, whichever the City Council shall determine is appropriate.
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(Prior code § 14-502)
Section 802(a) of the Uniform Code for the Abatement of Dangerous
Buildings is hereby amended to read as follows:
Sec. 802(a) General. The City Council shall establish a repair
revolving fund to be designated as the Repair and Demolition Fund.
Payments shall be made out of said fund upon the demand of the Building
Official to defray the costs and expenses which may be incurred by
the City in doing or causing to be done the necessary work of repair
or demolition of dangerous buildings.
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(b)
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Maintenance of Fund. The Council may at any time transfer to
the Repair and Demolition Fund, out of any money in the General Fund
of the City, such sums as it may deem necessary in order to expedite
the performance of the work of repair or demolition, and any sum so
transferred shall be deemed a loan to the Repair and Demolition Fund
and shall be repaid out of the proceeds of the collections hereinafter
provided for. All funds collected under the proceedings hereinafter
provided for shall be paid to the City Treasurer who shall credit
the same to Repair and Demolition Funds.
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(Prior code § 14-502.1)
Section 901 of the Uniform Code for the Abatement of Dangerous
Buildings is hereby amended to read as follows:
Sec. 901. The Director shall keep an itemized account of the
expense incurred by the City in the repair or demolition of any building
done pursuant to the provisions of Section 701(c)3 of this code.
Upon the completion of the work or repair or demolition, said
Director shall prepare and file a report specifying the work done,
the itemized and total cost of the work, a description of the real
property upon which the building or structure is or was located, and
the names and addresses of the persons entitled to notice pursuant
to Subsection (c) of Section 401.
(Prior code § 14-503)
Section 902 of the Uniform Code for Abatement of Dangerous Buildings
is hereby amended to read as follows:
Sec. 902. Upon receipt of said report, the Director shall set a hearing before an Administrative Hearing Officer as provided in Chapter
1.44 to hear said report, and any protests or objections thereto. The Director shall cause notice of said hearing to be posted upon the property involved and served by certified mail, postage prepaid, addressed to the owner of the property as his or her name and address appear on the last equalized assessment roll of the County, if such so appear, or as known to the Director. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour, and place when the hearing will take place.
(Prior code § 14-504)
It is hereby found and expressly declared that the existence
of an unsecured building within the City is a public nuisance and
dangerous to the health and safety of the inhabitants of said City.
An unsecured building is hereby defined and when so designated by
the Director of Community Development as any unoccupied house, garage,
building or any other structure which is unoccupied and into which
free entry may be made through the existence of any unsecured opening,
including broken and unboarded windows and doorways.
(Prior code § 14-505)
It is unlawful for any owner, agent, lessee or person having charge or control of any unsecured building within the City of Stockton to refuse or neglect to secure said building hereinbefore declared to be a public nuisance within a period of 10 days after such owner, agent, lessee or other person above described has been given notice as provided in Sections
15.28.080 and
15.28.090, which shall order that the building be secured and the public nuisance thereby abated. Said Notice shall order that the building be secured in a manner approved by the Director of Community Development and the public nuisance thereby abated.
(Prior code § 15-506)
The notice described in Section
15.28.070 may be given by either of the following methods:
A. Delivery
of a written notice personally to the owner, agent, lessee or other
person having charge or control of the unsecured building or to any
person 18 years of age or older residing at the residence of said
owner, agent, lessee or other person above described;
B. Mailing
of said notice to such person at his or her last known address as
it appears on the last equalized assessment roll of the City of the
County.
(Prior code § 14-507)
The notice to secure building shall:
A. Contain
the address of the premises on which the unsecured building is situated,
if such address is ascertainable;
B. Contain
a legal description of premises on which the unsecured building is
situated as such description is found in the San Joaquin County Assessor's
office;
C. State
that the enforcing officer has found the building to be unsecured
and dangerous to the health and safety of the inhabitants of the City
and therefore a public nuisance;
D. Order
that owner, agent, lessee or person having charge or control of the
unsecured building to secure the building in such a manner that it
may not be freely entered;
E. Advise
the person receiving said notice that if he or she fails to secure
said building within 10 days that the City will enter upon such premises
and itself secure that building, and that the cost of this work will
be charged to the owner of the unsecured building and may result in
a lien against the premises on which the building is situated;
F. Notify
the person receiving said notice that failure to secure a building
within the City is a misdemeanor.
(Prior code § 14-508)
A copy of the notice described in the preceding Section
15.28.090 shall, on or before the day of service of said notice, be conspicuously posted on the unsecured building which the enforcing officer is seeking to secure.
(Prior code § 14-509)
In the event such owner, agent, lessee or other person having
charge or control of an unsecured building fails, refuses, or neglects
within said 10-day period to secure an unsecured building hereinbefore
declared to be a public nuisance, then the City may cause said building
to be secured and the cost of such work shall be paid forthwith by
such owner, agent, lessee or other person.
(Prior code § 14-510)
Liability to the City for the cost of securing said building shall attach only to the person who was the owner, agent, lessee or person having charge or control of the building at the time the work was done by the City; provided, however, that this chapter shall not be construed to impair any lien which shall exist under Section
15.28.140.
(Prior code § 14-511)
In the event that the securing of any such unsecured building
hereinbefore declared to be a public nuisance is done by the City,
the Director of Community Development or designated agent shall compute
from records the costs of work done attributable to the premises on
which the building is situated. The director shall then cause notice
of said cost to be given in the manner specified herein for the giving
of notice to secure, which notice shall specify the day, hour, and
place when the hearing before the Administrative Hearing Officer concerning
the cost of securing together with any objection or protests, if any,
which may be raised by any person liable to be assessed for the cost
of such securing. Any other interested person may be heard.
(Prior code § 14-512)
In the event that the securing of such buildings is done by
the City, the City Manager or designated agent shall prepare and file
a report specifying the work which has been done, its cost, a description
of the building on which the work was done, a description of the real
property upon which the work was done and the assessment against each
lot, parcel or premises of land to be levied to pay the costs thereof.
Any such report may include work done on any number of parcels whether
contiguous to each other or not.
(Prior code § 14-513)
Upon the day and hour fixed for the hearing, the Administrative
Hearing Officer shall hear and pass upon the report of the Director
of Community Development or designated agent together with any objections
or protests which may be raised by any of the persons liable to be
assessed for the work done and any other interested persons. Thereupon,
the Hearing Officer may make such revision, correction or modification
in the report as it may deem just, after which, by motion or resolution,
the report as submitted or as revised, corrected, or modified shall
be confirmed. The Hearing Officer may adjourn the hearings from time
to time for a period not to exceed 30 days. The decision of the Hearing
Officer on all protests and objections which may be made shall be
final and conclusive.
(Prior code § 14-514)
The costs of the securing of said buildings may be assessed
by the Administrative Hearing Officer against the parcel of property
upon which such work was done, and such costs so assessed, if not
paid within five days after its confirmation by the Administrative
Hearing Officer, shall constitute a special assessment against that
parcel of property and shall be a lien on the property for the amount
thereof, which lien shall continue until the assessment, and all interest
thereon is paid, or until it is discharged off record.
(Prior code § 14-515)
Five days after confirmation of said report, a copy shall be
turned over to the Assessor and the Tax Collector of the City, whereupon
it shall be the duty of said officer to add the amounts of the respective
unpaid assessments to the next regular bills for taxes levied against
the said respective lots and parcels of land for municipal purposes.
Thereafter, said 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 § 14-516)
All or any portion of the special assessment herein mentioned
shall be canceled, or if collected, be refunded by the Director of
Finance pursuant to such procedures as may be adopted from time to
time by resolution of the City Council, and subject to any limitations
which may be imposed by any such resolution.
(Prior code § 14-517)
It is unlawful for any person, owner, agent, lessee, or person having charge or control of an unsecured building to refuse to allow representatives of the City to enter upon any property between 6:00 a.m. and 8:00 p.m. where any public nuisance as defined in Section
15.28.060 hereof is reasonably believed to exist, for the purpose of inspection, and where such nuisance exists, for the purpose of securing same as provided in Section
15.28.110 hereof, after notice has been given as provided in Sections
15.28.080 and
15.28.100 hereof, or to interfere with said representatives of the City in any manner whatsoever in the securing of said nuisances. If the section or any portion thereof is held to be invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of Sections
15.28.060 through
15.28.180.
(Prior code § 14-518)