Upon a determination by the Director, following an inspection
of the building, structure or premises, that a dangerous building
is present, the Director may commence summary or administrative process
to abate the nuisance, as provided herein, or may commence abatement
in any other manner or process provided by law or in equity.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
a.
Upon
a determination by the Director, following an inspection of the premises,
that a dangerous building is present, the Director shall cause a notice
of pending enforcement action to be recorded in the office of the
Sacramento County Recorder by the County. The notice of pending enforcement
action shall contain statements providing the following information
regarding the premises: (i) a sufficient description to identify the
subject property, (ii) certify that the Director has determined that
the property is the site of a dangerous building and is a public nuisance,
and (iii) that the owner has been so notified.
b.
When
the enforcement action has been fully resolved and all costs associated
therewith finally settled, a certificate of abatement shall be issued
to the owner of the subject property who may record same, at the owner's
expense, in the office of the Sacramento County Recorder. The certificate
of abatement shall state the following regarding the premises: (i)
a sufficient description to identify the subject property, (ii) reference
to the earlier recorded notice of pending enforcement action, and
(iii) certify that the premises is no longer the site of a dangerous
building, that the nuisance has been abated, and that the property
is no longer subject to a pending enforcement action.
c.
The
notice of pending enforcement action shall be given constructive notice
effect from the date it is recorded.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
a.
If
a dangerous building is found to exist, and in the reasonable discretion
of the Director, such dangerous building is determined to be imminently
dangerous to the health, safety or welfare of the public, the occupants,
or the neighbors of such premises, the same may be abated forthwith
by the County without compliance with the provisions of this Code
requiring advance notice and an opportunity for a hearing. A written
finding shall be executed by the Director which shall set forth in
concise language reasons in support for the determination that a dangerous
building is imminently dangerous. The written finding need not be
exhaustive in specifying violations noted and factors considered in
reaching the determination. For purposes of this section "imminently
dangerous" shall mean that the condition of the dangerous building,
if abated according to the procedures set forth in this Code requiring
notice and an opportunity for a hearing, may, during the pendency
of those proceedings, subject the public, occupants, or neighbors,
or the property of such, to potential harm of a serious nature.
b.
Having
made such a determination to conduct summary abatement, the Director
is authorized to take all actions which are reasonable and necessary
to abate the nuisance for the protection and welfare of the public,
including demolition of the premises.
c.
Occupants,
if any, of such building, structure or premises, may be ordered by
the Director, or a peace officer acting pursuant to the request of
the Director, to vacate without requiring advance notice and an opportunity
for a hearing. Such order to vacate shall be in writing signed by
the Director. It shall be unlawful to fail to obey such order to vacate.
d.
Notwithstanding
the above provisions, a reasonable effort shall be made by the Director
to notify the owner of the premises in advance of such summary abatement.
No such notice shall be required if the Director determines that there
is good cause to forego giving such notice. For purposes of this section
"good cause" includes, but is not limited to, when the owner is unavailable
or is avoiding service of process.
e.
In
reviewing the Director's decision that an imminently dangerous building
was present, and in reviewing the actions taken by the County in conducting
summary abatement thereof, the court shall presume that the Director's
decision was properly made and that the County's actions were lawful,
reasonable and appropriate.
f.
The
cost of summary abatement of the nuisance, including all costs incurred
by the County in conducting the abatement, all administrative costs
of any enforcement action taken under this Code, and all relocation
benefits required to be paid by the County, if any, may be assessed
against the owner or made a lien against the premises as provided
in Article V of this Code; except, that in the event a court of competent
jurisdiction decides the action taken under this section was improper,
no lien shall be assessed.
g.
Attorneys'
Fees. Pursuant to Government Code Section 25845, attorneys' fees may
be recovered by the prevailing party. However, in no action, administrative
proceeding, or special proceeding shall an award of attorneys' fees
to a prevailing party exceed the amount of reasonable attorneys' fees
incurred by the County in the action or proceeding.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1066 § 12,
1997)
If a dangerous building is found to exist on any premises, the
Director may initiate administrative abatement proceedings as set
forth in this Code. Generally, the administrative abatement process
shall consist of giving advance notice to the owner and all interested
parties of the violation of this Code and afford an opportunity for
a hearing on the issues involved prior to the abatement of the nuisance
by the County.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
a.
Contents.
To initiate the administrative abatement process, the Director shall
issue a written notice and order directed to the owner of the premises
and all parties in interest. The notice and order shall contain the
following:
1.
Description
of Premises. The street address, assessor's parcel number or such
other descriptive information as is reasonably available to sufficiently
identify the premises on which the building or structure is located.
2.
Violation(s)
Noted. A concise factual statement specifying the conditions which
constitute the violation(s) resulting in the premises being declared
by the Director to be a dangerous building and a public nuisance as
defined by this Code.
3.
Notice
to Appear and Show Cause. A notice to the owner and all parties in
interest to appear before a hearing examiner from the Office of County
Hearing Officer, at a set date, time and location, 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 ordered abated by the owner, or by the County at the owner's
expense. If the Director has determined that occupants must vacate
the premises, the notice to appear shall also require that the owners
and all parties in interest show cause why vacation of the premises
should not be ordered and the premises secured by the County at the
owner's expense. The notice shall state that conduct of the hearing
will be pursuant to the provisions set forth in Government Code Section
11513 (a), (b) and (c). The owner and any party in interest may appear
at the hearing and offer evidence in this matter.
4.
Voluntary Abatement Option. A statement advising the owner and all parties in interest that they have the option of voluntarily abating the nuisance prior to the date set for hearing by either repair or demolition of the premises. The owner and/or the parties in interest must advise the Director in writing that they will abate the nuisance, and the date of scheduled completion thereof. The Director will inspect the premises on the scheduled completion date, and if the nuisance has been abated, 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. Voluntary abatement must be completed prior to the hearing date or any extension thereof granted by the Hearing Officer. The owner, any party in interest or the County may request a continuance of the hearing pursuant to Section 16.22.408.
5.
Failure
to Appear. A statement advising the owner and all parties in interest
that 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.
6.
Scope
of Hearing. A statement that the Director may offer evidence in support
of the existence of the following conditions concerning the subject
property: (i) A dangerous building or structure exists on the property,
(ii) The repairs or demolition required to correct the violations
have not been accomplished, and (iii) Tenants or occupants, if any,
must be ordered to vacate.
7.
Possible
Orders. A statement that if the hearing examiner finds by a preponderance
of the evidence that the above described conditions exist concerning
the premises the hearing examiner may then order that the County may
directly or by contract, and without further notice or consent of
the owners or any party in interest:
i.
Repair. Repair the premises in a manner appropriate under the circumstances;
or
ii.
Demolish. Demolish the premises in a manner appropriate under the
circumstances if the hearing examiner also finds by a preponderance
of the evidence that it is not economically feasible to repair the
premises; and
iii.
Vacation. Vacate the premises in a manner appropriate under the circumstances
if the hearing examiner also finds by a preponderance of the evidence
that occupants of the premises are or will be endangered by the condition
of the premises or the abatement enforcement actions.
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For the purpose of this section "not economically feasible to
repair" means that the reasonable estimated cost of repair exceeds
fifty 50 percent or more of the as-is appraised value of the premises,
as determined by the Director.
|
8.
Owner
Responsible for Costs. A statement advising that the owner may be
held personally liable for payment of all costs incurred by the County
in any administrative enforcement action, including, but not necessarily
limited to, fees and costs of investigation, administration, technical
consultants, hearings, permits, inspections, County-performed abatement
activities or those abatement activities performed by third-parties
at the County's request, and collection. Additionally, the premises
may be subject to a special assessment lien to recover all such costs
pursuant to Article V of this Code concerning recovery of costs.
b.
Service.
The notice and order, 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 owner of
record at his/her/their address as it appears on the latest equalized
assessment roll of Sacramento County, or as known to the Director,
and upon all parties in interest as their addresses may appear on
the instrument of public record creating their interest in the premises.
If no address appears on the instrument of public record creating
their interest in the premises, then a party in interest may be served
as described above, by certified mail addressed to the party in interest
in care of the owner. A copy of the notice shall be posted on the
premises. 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 him or her by the provisions of
this Code. The failure of any person to receive such notice shall
not affect the validity of any proceedings taken under this Code.
Service by certified mail in the manner herein provided shall be effective
on the date of mailing.
c.
Proof
of Service. Proof of service shall be certified by written declaration
under penalty of perjury executed by the person effecting service,
declaring the identify, 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 retained by the Director. Proof of posting a copy
of the notice shall be certified by written declaration under penalty
of perjury executed by the person effecting posting and declaring
the time, date and location posting was effected.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1066 § 13,
1997; SCC 1090 § 5, 1997; SCC 1146 § 29, 1999)
a.
If
a dangerous building is found to exist on any premises, the Director
may post a warning sign on or near the premises advising the public
that the building has been found to be a dangerous building and that
entry is unsafe. The Director's failure to post a warning sign is
not to be construed as any determination on this matter whatsoever,
and posting a warning sign is advisory only. It shall be unlawful
and a violation of this Code for any person to remove or destroy a
warning sign posted pursuant to this Code without the prior written
permission of the Director. Any warning sign posted upon a premises
shall be in substantially the following form:
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DO NOT ENTER
UNSAFE TO ENTER OR OCCUPY
|
|
The County of Sacramento has found this building to be dangerous. SCC, Chapter 16.22.
|
|
It is a misdemeanor to enter or occupy this building, to remove
boards, and/or to remove or deface this notice.
|
|
______________________________
Director
Department of Planning and Community Development, County of
Sacramento
|
b.
Securing. Whenever the Director determines that a Dangerous Building constitutes an immediate threat to the public health or safety, the Director may board up the structure in accordance with the provisions in Chapter 16.23, Title 16 of the Sacramento County Code. No person shall remove or deface any such boards placed by the Director without the prior written permission of the Director. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in Section 16.18.205 of Chapter 16.18 of this Code.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1075 § 8,
1997; SCC 1090 § 6, 1997; SCC 1125 § 10, 1999; SCC 1146 § 30,
1999)
At the time set for hearing, the hearing examiner shall proceed
to hear the testimony of the Director, the owner, and other competent
persons respecting the condition of the premises, and other relevant
facts concerning the matter. The hearing examiner shall follow the
rules of procedure for conducting hearings established by this Code
and shall render all decisions and findings in writing which shall
then be served on all parties as herein provided.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
The proceedings at the hearing may be reported by a tape recorder.
Either party may 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 examiner to certify the record of
the hearing.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
The hearing examiner may, upon request of the owner, a party
in interest, or the Director, grant continuances from time to time
for good cause shown, or upon his/her own motion. Any continuance
granted shall in no way diminish the responsibility of the owner and/or
parties in interest for maintaining the premises, nor affect other
requirements of this Code regarding time for challenging any decisions
made or actions taken.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
The hearing examiner or certified shorthand reporter shall administer
the oath or affirmation.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
Government Code of the State of California, Section 11513, subsections
(a), (b) and (c), as presently written, or hereinafter amended, shall
apply to hearings conducted under this Code.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
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.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
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.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
The hearing examiner may inspect the premises involved in the
hearing prior to, during or after the hearing, provided that:
a.
Notice
of such inspection shall be given to the parties before the inspection
is made;
b.
The
parties are given an opportunity to be present during the inspection;
c.
The
hearing examiner 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
d.
Each
party then shall have a right to rebut or explain the matters so stated
by the hearing examiner either for the record during the hearing or
by filing a written statement after the hearing for inclusion in the
hearing record.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
a.
Form.
The decision of the hearing examiner shall be in writing, shall contain
findings of fact and a determination of the issues presented, and
shall be issued no later than 30 days from the date of the hearing,
unless the time is waived by the parties. If it is shown by a preponderance
of the evidence that the condition of the premises constitutes a public
nuisance the decision shall require the owner to commence abatement
of the nuisance not later than 15 days after the issuance of the decision,
and that the abatement be completed within such time as specified
by the hearing examiner, 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 examiner 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 may be responsible
for satisfying 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 examiner may
order other measures which are reasonable and necessary for the protection
of the public or property under the circumstances. The hearing examiner's
decision shall inform the owner that 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
examiner, 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.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1090 § 7,
1997)
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 16.22.404(b) and shall post a copy thereof conspicuously on the premises involved. Proof of service and posting of the Hearing Officer's decision shall be effected in the same manner as set forth in Section 16.22.404(c).
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1090 § 8,
1997; SCC 1146 § 31, 1999)
Any challenge to the decision of the hearing examiner and preparation of a record of the administrative proceeding shall be governed by the provisions of Sacramento County Code, Chapter 1.06, as presently written or hereinafter amended.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
a.
If ordered by the hearing examiner, the Director shall serve a notice to vacate concerning the premises in the manner set forth in Section 16.22.404(b), and proof of service and posting of the notice to vacate shall be effected in the same manner as set forth in Section 16.22.404(b). It shall be unlawful and a violation of this Code for any person to remain in or enter a building which has been posted by the Director with such a notice to vacate except that entry may be made to repair, demolish or remove such building under permit. It shall be unlawful and a violation of this Code for any person to remove, deface or destroy a notice to vacate posted by the Director pursuant to this section without the prior written permission of the Director. Any notice to vacate shall be in substantially the following form.
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DO NOT ENTER
UNSAFE TO ENTER OR OCCUPY
|
|
The County of Sacramento has found this building to be dangerous. SCC, Chapter 16.22.
|
|
It is a misdemeanor to enter or occupy this building, to remove
boards, and/or to remove or deface this notice.
|
|
______________________________
Director
Department of Planning and Community Development, County of
Sacramento
|
b.
Securing. Whenever the Director determines that a Dangerous Building constitutes an immediate threat to the public health or safety, the Director may secure the structure in accordance with the provisions in Chapter 16.23, Title 16 of the Sacramento County Code. No person shall remove or deface any board or fence used to secure the property without the prior written permission of the Director. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in Section 16.18.205 of Chapter 16.18 of this Code.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995; SCC 1075 § 9,
1997; SCC 1090 § 9, 1997; SCC 1125 § 11, 1999; SCC 1146 § 32,
1999)
No person shall obstruct, impede, or interfere with any officer,
employee, contractor or authorized County representative or with any
person who owns or holds any estate or interest in any building which
has been ordered repaired, vacated or demolished under the provisions
of this Code; or with any person to whom such building has been lawfully
sold pursuant to the provisions of this Code, whenever such officer,
employee, contractor or County authorized representative, person having
an estate or interest in such building, or purchaser is engaged in
the work of repairing, vacating, or demolishing any such building
or portion thereof pursuant to the provisions of this Code or in performing
any necessary act preliminary to or incidental to such work or authorized
or directed pursuant to this Code.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
a.
Procedure.
When any work of repair or demolition is to be done by the County
pursuant to order of the hearing examiner, the Director shall issue
a work order therefor and the work shall be accomplished by personnel
of this jurisdiction, or by private contract under the direction of
the Director. If any part of the work is to be accomplished by private
contract, standard Public Works Department contractual practices shall
be followed. Plans and specifications therefore may be prepared by
the Director, or the Director may employ such architectural, engineering
and other assistance on a contract basis as deemed reasonably necessary
to accomplish the required tasks.
b.
Costs.
The cost of such work may be made a personal obligation of the property
owner, or may be made a special assessment lien against the property
involved, whichever the Board shall determine is appropriate under
the procedure herein described in Article V concerning recovery of
costs.
(SCC 322 § 1, 1978; SCC
1003 § 2, 1995)
