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.
(b)
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.
(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.
(b)
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.
(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)