A.
Whenever
the Director has inspected or caused to be inspected any dwelling,
and has determined a violation of this chapter exists, the same being
declared to be a public nuisance, the Director shall institute any
appropriate action or proceedings to abate the violation by repair,
rehabilitation, vacation, or demolition of the building consistent
with the procedures established herein or otherwise available by law.
B.
If
a person has purchased and is in the process of diligently abating
any violation at a residential property which had been foreclosed,
the Director shall not commence an action or proceeding until at least
60 days after the person takes title to the property, unless a shorter
period of time is deemed necessary by the Director, in their sole
discretion, to prevent or remedy an immediate threat to the health
and safety of the neighboring community, public, or occupants of the
structure.
C.
Any
person who obtains an ownership interest in any property after a Notice
of Pending Enforcement Action was recorded with respect to the property
or any other notice of a violation of this chapter was recorded with
the county recorder, and where there has been no withdrawal or expungement
of the notice, shall be subject to any order to correct a violation,
including time limitations, specified in any notice of a violation
of this chapter which was recorded with the county recorder.
(SCC 0934 § 4, 1993; SCC
1125 § 5, 1999; SCC 1146 § 9,
1999; SCC 1707 § 1, 2022)
A.
The
Director may issue a notice of violation directed to the owner of
the dwelling as shown in the public record, and to all known parties
in interest. The notice of violation shall contain:
1.
The
street address and assessor's parcel number or such other legal description
sufficient for identification of the premises upon which the dwelling
is located.
2.
A
statement the Director has found the dwelling or portion thereof to
be substandard and a brief factual description of each and every condition
found to render the dwelling or portion thereof substandard as defined
in this chapter.
3.
A
statement of the action required to be taken as determined by the
Director. The action required may advise as follows:
a.
Repair. If the Director has determined a substandard condition must
be repaired, then the Director may order the dwelling or portion thereof
to be repaired, all required permits be secured therefor, and the
repair work shall actually commence within 30 calendar days from the
date of the notice, and shall be completed within such time as the
Director shall determine is reasonable under all the circumstances,
including the purposes and intent for enactment of this chapter.
b.
Replace. If the Director has determined a substandard condition cannot
be repaired due to damage, deterioration, or neglect, and good repair
is required to prevent the dwelling from being substandard, the Director
may order whatever has caused said condition to be replaced, all required
permits be secured therefor, and the repair work shall actually commence
within 30 calendar days from the date of the notice, and shall be
completed within such time as the Director shall determine is reasonable
under all the circumstances, including the purposes and intent for
enactment of this chapter.
c.
Remove. If the Director has determined a substandard condition exists,
and the presence of the condition is otherwise not a requirement of
this chapter, then the Director may order the portion thereof to be
removed, all required permits be secured therefor, and the removal
shall actually commence within 30 calendar days from the date of the
notice, and shall be completed within such time as the Director shall
determine is reasonable under all the circumstances, including the
purposes and intent for enactment of this chapter. For purposes of
this section a condition not otherwise a requirement of this chapter
includes items present but are otherwise not required under the State
Housing Code, such as an air conditioner, dishwasher, garbage disposal,
etc.
d.
Any combination of (a), (b), or (c) herein may be implemented to
correct the noted violation(s).
e.
Repair or Vacate and Secure. If the Director has determined a substandard condition poses an immediate threat to the health, safety, or welfare of the public, then the Director may order the dwelling or portion thereof to be repaired, all required permits be secured therefor, and the repair work shall actually commence immediately, and shall be completed within such time as the Director shall determine is reasonable under all the circumstances, including the purposes and intent for enactment of this chapter. If the substandard condition is not repaired in the time allotted, the building may be vacated and secured pursuant to Section 16.20.330 of this chapter.
A substandard condition which poses an immediate threat to the
health, safety, or welfare of the public is defined as:
i.
Lack of electrical power.
ii.
Lack of potable water supply.
iii.
Lack of hot water.
iv.
Lack of approved permanent heat source during winter season (further
assessed annually at the discretion of the Director based on seasonal
temperatures).
v.
Improper or non-functioning sewage disposal system.
vi.
Structural hazard creating imminent danger.
vii.
Any other property condition, as determined by the Director,
which constitutes an immediate threat to the health, safety, or welfare
of the public.
f.
60-Day Repair or Demolish. If the Director has determined a dwelling or portion thereof is in such a condition it appears to require repair in excess of 75% the value of the structure, the Director may order the dwelling or portion thereof to be repaired or demolished, all required permits be secured therefor, and the repair or demolition work shall actually commence within 60 calendar days from the date of the notice, and shall be completed within such time as the Director shall determine is reasonable under all the circumstances, including the purposes and intent for enactment of this chapter. Alternatively, the Director may order the vacation and securing of the dwelling pursuant to Section 16.20.330 of this chapter.
4.
Appeal rights informing any owner of the right to appeal the notice of violation by submitting to the Director a written request for administrative hearing, pursuant to Section 16.20.305(C) of this chapter.
B.
Service
of Notice.
1.
The
notice of violation, and any amended or supplemental notice of violation,
shall be served upon:
a.
The owner, by first class mail, or by personal service or certified
mail, postage prepaid, return receipt requested, to each such person
at the owner(s) address as it appears on the last equalized assessment
roll of the County, or as known to the Director when the notice includes
a violation which poses an immediate threat to the health, safety,
or welfare of the public, and/or may require vacation of the dwelling.
Service shall be effective for all purposes upon receipt if personally
served, or within five business days of mailing as herein provided;
b.
The occupant, by first class mail or posting the notice on the property;
and
c.
Every known party in interest, by first class mail.
2.
When
service is effected via personal service or certified mail, proof
of service of the notice of violation 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 a copy of the notice of violation retained by
the Director.
C.
Appeal
of Notice.
1.
Any
owner issued a notice, may appeal such notice by filing at the office
of the Director an appeal fee established by resolution of the Board
and a written appeal on a form provided by the Director. The appeal
shall not be deemed filed until payment of the appeal fee has been
received; provided, however, the required appeal fee may be waived
on the basis of demonstrated financial hardship. The written appeal
shall contain all of the following:
a.
The names of all appellants participating in the appeal.
b.
A brief statement setting forth the legal interest of each of the
appellants in the building or land described in the notice of violation.
c.
A brief statement in ordinary and concise language explaining the
specific violation protested together with any material facts claimed
to support the contentions of the appellant.
d.
A brief statement in ordinary and concise language detailing the
relief sought and the reasons why appellant believes the protested
violation should be reversed, modified or otherwise set aside.
e.
The signature of each party named as an appellant and their official
mailing address, email address, and phone number.
f.
The signed verification (by declaration under penalty of perjury)
of at least one appellant as to the truth of the matters stated in
the appeal.
2.
To be timely, the appeal fee or basis for waiver of the appeal fee, if a regulation providing therefor has been adopted, together with the written appeal shall be filed within 15 business days from the date of the service of the notice of violation. However, if the dwelling or portion thereof is in such condition as to make it immediately dangerous to the life, limb, health, property, safety, or welfare of the occupants, public, or adjacent property, and it is ordered vacated, and it is posted in accordance with Section 16.20.330(C) concerning posting of a notice to vacate, to be timely such appeal shall be filed within five calendar days from the date of the service of the notice. Only those persons who have timely filed an appeal may join or be joined in an appeal herein.
3.
Failure
of any person to comply with all of the aforementioned appeal requirements,
including making payment of the appeal fee in accordance with the
provisions of this Article, shall constitute a waiver of the right
to appeal the notice of violation.
4.
Upon
receipt of any appeal and appeal fee filed pursuant to this Article,
the Director shall immediately issue an appeal hearing notice. The
notice shall contain:
a.
The street address and such other description as is required to identify
the premises.
b.
An order to the appellant to appear before a hearing officer at a
stated time, but in no event less than 20 calendar days after having
mailed such notice, to show cause why the premises should not be declared
a public nuisance and the same abated in accordance with this chapter.
c.
A statement advising the appellant is responsible for all costs incurred
by the County for any abatement hearing.
d.
A statement advising the appellant, pursuant to Government Code Section
25845, the County intends to seek recovery of attorneys' fees incurred
in any abatement hearing, and attorneys' fees may be recovered by
the prevailing party.
5.
The
hearing notice, and any amended or supplemental notice, shall be served
either by personal delivery or by mailing a copy by certified mail,
postage prepaid, return receipt requested, upon the appellant at the
address as it appears on the request for appeal; a copy of the notice
shall also be posted on the premises.
6.
Proof
of service of the hearing notice shall be certified by written declaration
under penalty of perjury executed by the person effecting service,
declaring the time, date, and manner in which service was made.
(SCC 0934 § 4, 1993; SCC
1125 § 5, 1999; SCC 1146 § 9,
1999; SCC 1707 § 1, 2022)
A.
Except
in instances where the Director may summarily abate a substandard
condition which poses an immediate threat to the health, safety, or
welfare of the public, prior to an abatement the Director shall issue
a notice and order directed to the owner of the dwelling as shown
in the public record, and shall include all parties in interest. The
notice and order shall contain:
1.
The
street address and assessor's parcel number or such other legal description
sufficient for identification of the premises upon which the dwelling
is located.
2.
A
statement the Director has found the dwelling or portion thereof to
be substandard and a brief factual description of each and every condition
found to render the dwelling or portion thereof substandard as defined
in this chapter.
3.
A
statement of the action required to be taken as determined by the
Director. The action required may be as follows:
a.
Repair. If the Director has determined a dwelling must be repaired,
then the Director shall order the dwelling or portion thereof to be
repaired, all required permits be secured therefor, and the repair
work shall actually commence within 30 calendar days from the date
of the order, and shall be completed within such time as the Director
shall determine is reasonable under all of the circumstances, including
the purposes and intent for enactment of this chapter.
b.
Choice between Repair and Demolition. The owner shall have the choice
of repairing or demolishing. However, if the owner chooses to repair,
the Director shall require the building be brought into compliance
with this chapter according to a reasonable and feasible schedule
for expeditious repair. If the owner chooses to demolish the dwelling
all required permits for demolition must be secured within 60 calendar
days from the date of the order, and the demolition be completed within
such time as the Director shall determine is reasonable under all
of the circumstances, including the purposes and intent for enactment
of this chapter. If the owner fails to make a timely choice, fails
to repair on schedule, or selects an option which cannot be completed
in a reasonable time, as determined by the Director, for any reason,
the County may itself institute abatement actions, including demolition
if it determines repair is not economically feasible, 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 County taxes.
c.
Eliminate Risk of Hazardous Material. If following an inspection
of a building or any portion thereof, the Director determines, in
writing, there is reasonable cause to believe, because of the presence
of friable asbestos or other hazardous material, there is a serious
risk to the life, limb, health, property, safety, or welfare of its
occupants, the public, or the adjacent neighborhood, then the Director
may order the owner of the building or the portion thereof to take
all steps necessary to eliminate the risk within a time certain from
the date of the order as determined by the Director 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 chapter. To confirm the elimination of the risk, the owner of
the building or portion thereof shall, at their expense and within
the same time certain as established in the order, obtain the services
of a qualified health professional acceptable to the Director to perform
a comprehensive site assessment and prepare a written report to the
Director detailing the absence of the risk.
4.
Statements
advising if any required repair or demolition work is not commenced
within the time specified, the Director may, if warranted, order the
building 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.
Statements
advising 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 inspection fees as described in Article 7 hereof;
b.
Enjoin 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 costs for: inspections, repair, boarding and
fencing, vacation, demolition, appointment of a receiver and all costs
and fees of the receiver including the receiver's power to encumber
the property, relocating the occupants for up to 120 calendar days,
and reasonable attorney's fees and costs;
d.
Criminal misdemeanor and/or infraction 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;
e.
Administrative penalties of up to $1,000 per violation per day;
f.
Inability to deduct from state taxes, expenses for interest, taxes,
depreciation, or amortization associated with the building; and
g.
Certain other injunctive and legal relief as may be warranted under
the particular circumstances presented.
6.
An order to the owner and all parties in interest to appear before the County Hearing Officer, at a set date, time and location, but in no event less than 20 calendar days after the notice has been mailed, to show cause why the premises should not be declared a public nuisance and the same ordered abated by the owner, or by the County at the owner's expense. The notice shall state the conduct of the hearing will be pursuant to the provisions set forth in Government Code Section 11513. The owner and any party in interest may appear at the hearing and offer evidence in this matter. The hearing shall be conducted in the manner as set forth in Section 16.20.320 of this chapter.
7.
A
statement advising the owner and all parties in interest they have
the option of voluntarily abating the nuisance prior to the date set
for hearing by either repair or demolition of the premises. If the
owner and/or the parties in interest choose voluntary abatement, such
abatement must be completed at least 14 calendar days prior to the
hearing date. The owner and/or parties in interest must advise the
Director in writing within seven calendar days of receiving the notice
they will abate the nuisance, and provide the date of completion.
The Director will inspect the premises on the scheduled completion
date, and if the nuisance has been abated to the Director's satisfaction,
the hearing will be taken off the calendar. If the owner and/or the
parties in interest choose voluntary abatement, such abatement must
be completed in accordance with all applicable County Codes, including
issuance of, and inspection pursuant to, required permits.
8.
A
statement advising the owner and all parties in interest their failure
to appear at the administrative abatement hearing waives any right
to an administrative hearing, a determination of this matter and their
right to appeal the determination of this matter.
10.
A statement if the hearing officer finds by a preponderance of the
evidence the above described conditions exist concerning the premises,
the hearing officer may then order the County directly or by contract,
and without further notice or consent of the owners or any party in
interest to do any of the following:
a.
Repair the premises in a manner appropriate under the circumstances;
or
b.
Demolish the premises in a manner appropriate under the circumstances
if the hearing officer also finds by a preponderance of the evidence
it is not economically feasible under the Housing Code standard to
repair the premises.
11.
A statement advising upon completion of all repairs or demolition the Director may present all costs of enforcement, including costs of repair or demolition ordered under this chapter, for review and confirmation and possible assessment as a lien against the subject property as provided under Article 10 of chapter 16.18 of this Code.
B.
Service
of Order.
1.
The
notice and order, and any amended or supplemental notice and order,
shall be served upon the owner, the occupant and every party in interest
as well as posted on the property; and one copy thereof shall be served
on each of the following if known to the Director or disclosed from
the public record:
2.
The
failure of the Director to serve any person required herein to be
served shall not invalidate any proceedings hereunder as to any other
person duly served, or relieve any such person from any duty or obligation
imposed on by the provisions of this section or by law.
3.
Method
of Service.
a.
Service of the notice and order shall be made on all persons entitled
thereto either personally or by mailing a copy of such notice and
order by certified mail, postage prepaid, return receipt requested,
to each such person at their address as it appears on the last equalized
assessment roll of the County or as known to the Director. Service
shall be effective for all purposes upon receipt if personally served,
or within five business days of mailing as herein provided. 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 and order shall be mailed
to the owner at the address of the property, dwelling, and dwelling
unit identified in the Notice and Order.
b.
The failure of any person to receive a duly served notice and order
shall not affect the validity of any proceedings taken under this
section or by law.
4.
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.
(SCC 0934 § 4, 1993; SCC
1125 § 5, 1999; SCC 1146 §§ 9,
10, 1999; SCC 1707 § 1, 2022)
A.
Upon
service of any notice issued pursuant to this Chapter, the owner shall
have the choice of repairing or demolishing the substandard dwelling
or portion thereof at issue. However, if the owner chooses to repair
the dwelling, it shall be brought into compliance according to a reasonable
and feasible schedule for expeditious repair as required by the Director.
B.
Where
the Director determines in light of the purpose and intent of this
chapter the violations of this chapter are extensive and of such a
nature the health and safety of the occupants or the public is substantially
endangered, the County itself may cause the vacation of the dwelling
to abate the violations by repair or demolition, or 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 timely make a choice between repair or demolition.
3.
The
option for repair or demolition selected by the owner cannot be completed
within a reasonable period of time, as determined by the Director,
for any reason, including but not limited to, an outstanding judicial
or administrative order.
C.
In
deciding whether to require vacation of the dwelling or to repair
as necessary, the Director shall give preference to the repair of
the dwelling whenever it is economically feasible to do so, without
having to repair more than 75% of the dwelling, as determined by the
Director, and shall give full consideration to the needs for housing
in the County's housing element.
If the Director has determined it is not economically feasible
to repair the building or portion thereof, and the dwelling must be
demolished, then the Director shall require the dwelling to be vacated
within such time (not to exceed 30 calendar days from the date of
the notice) as the Director shall determine is reasonable under all
of the circumstances including the purposes and intent for enactment
of this chapter; all required permits for demolition be secured within
60 calendar days from the date of the notice; and the demolition be
completed within such time as the Director shall determine is reasonable
under all of the circumstances including the purposes and intent for
enactment of this chapter. The economic feasibility to repair shall
be determined as follows:
1.
On
the basis of a written appraisal of the 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 chapter and its fair
market value if repaired so as to meet the standards set forth in
this chapter; 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 determination to demolish the dwelling
or portions thereof shall be given to the owner and all parties in
interest upon the Director's determination it is not economically
feasible to repair the dwelling along with the notice of right to
appeal such determination as provided under Article 3 of this chapter.
|
(SCC 1707 § 1, 2022)
A.
At
the time set for hearing, the hearing officer shall proceed to hear
the testimony of the Director, the owner, any real party in interest,
and other competent persons with knowledge of the condition of the
premises, and other relevant facts concerning the matter. The hearing
officer shall follow the rules of procedure for conducting hearings
established by this chapter and shall render all decisions and findings
in writing which shall then be served on all parties as herein provided.
B.
The
Hearing Officer may, upon the request of the owner, any party in interest,
or the Director, grant continuances from time to time for good cause
shown, or upon their own motion. Any continuance granted shall in
no way diminish the responsibility of the owner and/or parties in
interest to maintain the premises, nor affect other requirements of
this chapter regarding time for challenging any decision made or actions
taken.
C.
The
Hearing Officer may issue subpoenas for orders to appear and produce
documents at the hearing upon the showing of reasonable necessity
by the requesting party.
D.
The
hearing proceedings may be reported by a recording device. Either
party may also provide a certified shorthand reporter to maintain
a record of the proceedings at the party's own expense. It shall be
the responsibility of the hearing officer to certify the record of
the hearing.
E.
The
hearing officer or certified shorthand reporter shall administer the
oath or affirmation.
F.
Government
Code Section 11513, as presently written, or hereinafter amended,
shall apply to hearings conducted under this chapter.
G.
Each
party may represent themselves, or be represented by anyone of their
choice. Each party may appear at the hearing and offer evidence in
this matter and cross examine witnesses.
H.
In
reaching a decision, official notice may be taken, either before or
after submission of the case for decision, of any fact which may be
judicially noticed by the courts of this state or which may appear
in any of the official records of the County or any of its departments.
I.
The
hearing officer may inspect the premises involved in the hearing prior
to, during, or after the hearing, provided:
1.
Notice
of such inspection shall be given to the parties before the inspection
is made;
2.
The
parties are given an opportunity to be present during the inspection;
3.
The
hearing officer shall state for the record during the hearing, or
file a written statement after the hearing for inclusion in the hearing
record, upon completion of the inspection, the material facts observed
and the conclusion drawn therefrom; and
4.
Each
party then shall have a right to rebut or explain the matters so stated
by the hearing officer either for the record during the hearing or
by filing a written statement after the hearing for inclusion in the
hearing record.
(SCC 0934 § 4, 1993; SCC
1075 § 4, 1997; SCC 1090 § 2,
1997; SCC 1125 § 6, 1999; SCC 1146 §§ 12—19, 1999; SCC
1707 § 1, 2022)
A.
The
decision of the hearing officer shall be in writing, shall contain
findings of fact and a determination of the issues presented, and
shall be issued no later than 15 calendar days from the date of the
hearing, unless the time is waived by the parties.
B.
Possible
Orders.
1.
Repair.
If it is shown by a preponderance of the evidence the condition of
the premises constitutes a public nuisance, the decision shall require
the owner to commence abatement of the nuisance not later than 30
calendar days after the issuance of the decision, or a shorter period
of time if deemed necessary by the hearing officer to prevent or remedy
an immediate threat to the health and safety of the public or occupants
of the structure or institute appropriate action or proceeding to
prevent, restrain, correct, or abate the violation or nuisance. The
abatement shall be completed within such time as specified by the
hearing officer, or in the alternative, within the time designated
by the Director. If the building, structure or premises is lawfully
occupied, and abatement of the nuisance may not be safely accomplished
under the circumstances as a result of such occupancy, the occupants
may be ordered to vacate the premises under terms reasonable under
the circumstances presented. Such remedies include the following:
The owner shall be responsible for providing all relocation benefits,
as may be required by law. The premises may be ordered fenced and
boarded against entry. Regular patrol of the premises to ensure the
integrity of such boarding and fencing measures may be ordered. (It
is not the intent of this Code to allow boarding and fencing of premises
to substitute for abatement of the public nuisance; such actions are
merely to be interim measures, lasting only so long as is necessary
to protect the public and property until full abatement may be accomplished.)
The hearing officer may also order any other measures which are reasonable
and necessary for the protection of the public or property under the
circumstances. The hearing officer's decision shall inform the owner
if the nuisance is not abated within the time and in the manner specified,
the nuisance may be abated by the County, without further notice or
consent of the owner or any party in interest, in such manner as may
be ordered by the hearing officer, and the expense thereof, including
all costs of enforcement, and relocation benefits required to be paid
by the County as a result of the owner's failure to do so, may be
made a lien on the subject property.
2.
Demolish.
If it is shown by a preponderance of the evidence the condition of
the premises constitutes a public nuisance, and the Director has demonstrated
the repair of the dwelling exceeds the economic feasibility by 75%,
supported by (i) a written appraisal of the 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 chapter and
its fair market value if repaired so as to meet the standards set
forth in this chapter; and (ii) a written estimate prepared by a licensed
general contractor detailing the repairs required to be made and the
cost of the repairs, the decision shall require the owner to commence
abatement of the nuisance not later than 30 calendar days after the
issuance of the decision, or a shorter period of time if deemed necessary
by the hearing officer to either prevent or remedy an immediate threat
to the health and safety of the public or occupants of the structure
or to institute appropriate action or proceeding to prevent, restrain,
correct, or abate the violation or nuisance, and the abatement be
completed within such time as specified by the hearing officer, or
in the alternative, within the time designated by the Director. If
the building, structure or premises is lawfully occupied, and abatement
of the nuisance may not be safely accomplished under the circumstances
as a result of such occupancy, the occupants may be ordered to vacate
the premises under terms reasonable under the circumstances presented.
The hearing officer may order such remedies as are reasonable under
the circumstances for the protection of the public or affected property,
and as are otherwise authorized by law or in equity, including the
following: The owner shall be responsible for providing all relocation
benefits, as may be required by law. The premises may be ordered fenced
and boarded against entry. Regular patrol of the premises to ensure
the integrity of such boarding and fencing measures may be ordered.
(It is not the intent of this Code to allow boarding and fencing of
premises to substitute for abatement of the public nuisance; such
actions are to be merely interim measures, lasting only so long as
is necessary to protect the public and property until full abatement
may be accomplished.) The hearing officer may also order other measures
which are reasonable and necessary for the protection of the public
or property under the circumstances. The hearing officer's decision
shall inform the owner if the nuisance is not abated within the time
and in the manner specified, the dwelling may be demolished by the
County, without further notice or consent of the owner or any party
in interest, and the expense thereof, including all costs of enforcement,
and relocation benefits required to be paid by the County as a result
of the owner's failure to do so, may be made a lien on the subject
property.
3.
Other.
In the event the hearing officer's decision is the result of an appeal
hearing for a notice of violation, penalty for relocation costs, or
any other process in this chapter, not including a notice and order,
the hearing officer may order such remedies as relates to the matter
at hand.
C.
The
decision shall state the prevailing party is entitled to recovery
of attorneys' fees as part of its costs in the nuisance abatement
action.
D.
The decision shall state the time for seeking judicial review of the decision of the hearing officer and preparation of a record of the administrative hearing, is governed by Sacramento County Code, Chapter 1.06.
E.
The
decision of the hearing officer shall be final when signed and issued
by the hearing officer and served as herein provided.
F.
Upon
issuance of the hearing officer's decision, the Director shall serve
a copy on the owner and all parties in interest in the same manner
as set forth in Section 16.20.310(B)(3) and shall post a copy thereof
conspicuously on the premises involved. Proof of service and posting
of the hearing officer's decision shall be affected in the same manner
as set forth in Section 16.20.310(B)(4).
(SCC 1146 §§ 20, 21, 1999; SCC 1659 § 8, 2022; SCC 1707
§ 1, 2022)
A.
If
the Director has determined the dwelling or portion thereof is in
such a condition as to make it immediately dangerous to the health,
safety, or welfare of its occupants, the public, or adjacent property,
the Director may issue a notice the dwelling or portion thereof shall
be vacated within a time determined by the Director to be reasonable
under all the circumstances, including the health, safety, or welfare
of its occupants and the public, as well as the purposes and intent
of this chapter.
B.
If the building is to be vacated, the Director shall also require the building or portion thereof be secured and may require the building to be boarded and/ or fenced against entry as provided in Chapter 16.23. The specifications for the boarding of vacant properties, substantially similar to those of the United States Department of Housing and Urban Development at the time of this chapter's adoption, are designed to adequately protect against entry without creating any unreasonable risk to the life, limb, health, property, safety, or welfare of the public and shall be followed by the Director. An owner may implement alternative methods to secure a building, so long as the building remains secure at all times. If the building is continually found to be unsecured, the Director may require an owner to utilize the same standards as the Director.
C.
Every notice to vacate shall, in addition to being served as provided in Section 16.20.305(B), be posted at or upon each exit of the dwelling and shall be in substantially the following form:
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Do Not Enter Unsafe to Occupy
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This building located at _________ has been found to be in violation of California Health and Safety Code Section 17920.3 and Sacramento County Code Chapter 16.20. The property is hereby declared to be SUBSTANDARD.
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It is unlawful to enter or occupy this building, to remove boards
or fencing, and to remove or deface this notice. Violators are subject
to arrest (SCC 16.20.400(E),(F)).
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Enforcement Officer________
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Telephone__________
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Date _______
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County of Sacramento – Code Enforcement Division
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D.
No
person shall remain in, or enter, any dwelling, or any portion thereof,
which has been so posted, except entry may be made to repair, demolish,
or remove such dwelling, or any portion thereof, under a proper permit
issued by the Director.
(SCC 1146 § 23, 1999; SCC 1659 § 8, 2022; SCC 1707 § 1,
2022)
A.
After
any Hearing Officer's Decision made pursuant to this chapter shall
become final, no person to whom any such order is directed shall fail,
neglect, or refuse to obey such order. If any person to whom such
order is directed shall fail, neglect, or refuse to obey such order,
the Director may institute any appropriate action or proceeding to
prevent, restrain, correct, or abate the violation or nuisance.
B.
Whenever the required repair or demolition is not commenced within 30 calendar days after any Hearing Officer's Decision issued under this chapter becomes final, if the Director has determined the dwelling or portion thereof is in such a condition as to make it immediately dangerous to the life, limb, health, property, or safety of its occupants, the public, or adjacent property, the Director may cause the dwelling or portion thereof, described in such Hearing Officer's Decision or Director's Determination to be vacated pursuant to Section 16.20.330 of this chapter.
C.
No
person shall obstruct, impede, or interfere with any officer, employee,
contractor, or authorized representative of the County, or with any
person who owns or holds any estate or interest in any dwelling which
has been ordered repaired, vacated, or demolished under the provisions
of this chapter; or with any person to whom such building has been
lawfully sold pursuant to the provisions of this chapter, whenever
such officer, employee, contractor or authorized representative of
the County, person having an estate or interest in such dwelling,
or purchaser is engaged in the work of repairing, vacating, or demolishing
any such dwelling or portion thereof pursuant to the provisions of
this chapter or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to this
chapter.
D.
Upon
receipt of an application from the person required to conform to the
order and an agreement by such person they will comply with the order
if allowed additional time, the Director may, in their discretion,
grant an extension of time, not to exceed an additional 60 calendar
days, within which to complete said repair or demolition, provided
the Director determines, in writing, such an extension of time will
not create or perpetuate a situation immediately dangerous to the
life, limb, health, property, safety, or welfare of the occupants,
the public, or the adjacent property. The Director's authority to
extend time is limited to the physical repair, rehabilitation, or
demolition of the dwelling and will not in any way affect or extend
the time to appeal the Hearing Officer's Decision.
(SCC 0934 § 4, 1993; SCC
1075 § 5, 1997; SCC 1090 § 3,
1997; SCC 1125 § 7, 1999; SCC 1707 § 1, 2022)
A.
No
person to whom any notice of violation is directed shall fail, neglect,
or refuse to obey such notice. After the correction period of any
notice of violation issued by the Director pursuant to Section 16.20.305(A)(3)(e)
of this chapter shall lapse and no valid appeal has been filed accordingly,
the Director may institute any appropriate summary action or proceeding
to prevent, restrain, correct, or abate the violation or nuisance.
B.
Whenever the required repair, demolition, vacation, or other remedy is not commenced within the time allotted in the notice of violation, if the Director has determined the dwelling or portion thereof is in such a condition as to make it immediately dangerous to the life, limb, health, property, or safety of its occupants, the public, or adjacent property, the Director may cause the dwelling or portion thereof, described in such notice of violation to be vacated pursuant to Section 16.20.330 of this chapter.
C.
No
person shall obstruct, impede, or interfere with any officer, employee,
contractor, or authorized representative of the County, or with any
person who owns or holds any estate or interest in any dwelling which
has been ordered repaired, vacated, or demolished under the provisions
of this chapter; or with any person to whom such building has been
lawfully sold pursuant to the provisions of this chapter, whenever
such officer, employee, contractor or authorized representative of
the County, person having an estate or interest in such dwelling,
or purchaser is engaged in the work of repairing, vacating, or demolishing
any such dwelling or portion thereof pursuant to the provisions of
this chapter or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to this
chapter.
D.
Upon
receipt of an application from the person required to conform to the
notice of violation and an agreement by such person they will comply
with the notice if allowed additional time, the Director may, in their
discretion, grant an extension of time, not to exceed an additional
60 calendar days, within which to complete said repair or demolition,
provided the Director determines, in writing, such an extension of
time will not create or perpetuate a situation immediately dangerous
to the life, limb, health, property, safety, or welfare of the occupants,
the public, or the adjacent property. The Director's authority to
extend time is limited to the physical repair, rehabilitation, or
demolition of the dwelling and will not in any way affect or extend
the time to appeal the notice of violation.
E.
If any person fails to obey a notice of violation identified in subsection (A), and the Director has instituted any summary action or proceeding to remedy the violation, the Director shall issue a notice of Director's Determination after completion of the remedy. Such notice of Director's Determination shall identify the remedy implemented and be served pursuant to Section 16.20.310(B) of this chapter.
(SCC 1707 § 1, 2022)
A.
Existence
of a Substandard Dwelling. It shall be unlawful and a violation of
this chapter for any dwelling, or portion thereof, to become a substandard
dwelling as defined herein.
B.
Rent
or Lease of Substandard Dwelling. It shall be unlawful and a violation
of this chapter for the owner or parties in interest of any dwelling,
or portion thereof, which is a substandard dwelling to rent or lease,
or to offer for rent or lease, the substandard dwelling, or any portion
thereof.
C.
Failure
to Obey a Notice. It shall be unlawful and a violation of this chapter
for any owner to fail or refuse to comply with the terms and provisions
stated in any notice issued under this chapter.
D.
Rental
Without Inspection. It shall be unlawful and a violation of this chapter
for any owner or party in interest to rent to another person a vacant
dwelling unit which is the subject of a pending enforcement action
under this chapter, until such dwelling unit has been inspected by
the County for Housing Code compliance, and has passed such inspection,
and written evidence thereof has been received. For purposes of this
section, a dwelling unit is the subject of a pending enforcement action
under this chapter if all repairs and work required by a notice previously
issued, amended, or supplemented by the County concerning such dwelling
unit have not been completed, with all required building permit inspections
finaled.
E.
Removing
Notice to Vacate Without Inspection. It shall be unlawful and a violation
of this chapter for any individual to remove a notice to vacate attached
to the structure of a vacant dwelling unit which is the subject of
a pending enforcement action under this chapter, until such dwelling
unit has been inspected by the County for Housing Code compliance,
and has passed such inspection, and written evidence thereof has been
received. For purposes of this section, a dwelling unit is the subject
of a pending enforcement action under this chapter if all repairs
and work required by a notice of violation previously issued, amended,
or supplemented by the County concerning such dwelling unit have not
been completed with all required building permit inspections finaled.
(SCC 1707 § 1, 2022)
