(1) 
Existence of a Substandard Dwelling. All dwellings, or portions thereof, shall be maintained, repaired, or reconstructed in accordance with the California Building Codes, California Health and Safety Code, Uniform Housing Code and International Property Maintenance Code. Any dwelling, or portion thereof, which has become a substandard dwelling as defined herein, is declared to be a nuisance and an infraction and shall be abated through correction, repair, reconstruction or demolition in accordance with applicable provisions of this chapter.
(2) 
Rent or Lease of Substandard Dwelling. It shall be unlawful and a violation of this code for the owner(s) or parties in interest of any dwelling, or portion thereof, that is a substandard dwelling to rent or lease, or to offer for rent or lease, the substandard dwelling, or any portion thereof. Any person violating this subsection may be charged with an infraction as provided in RDMC § 8.10.080.
(3) 
Failure to Obey Notice and Order. It shall be unlawful and a violation of this code for any owner to fail or refuse to comply with the terms and provisions stated in any notice and order issued under this chapter. Any person violating this subsection may be charged with an infraction as provided in RDMC § 8.10.080.
(4) 
Rental Without Inspection. It shall be unlawful and a violation of this code for any owner or party in interest to rent to another person a vacant dwelling unit that is the subject of a pending enforcement action under this chapter, until such dwelling unit has been inspected by the City for 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 and order previously issued, amended, or supplemented by the City concerning such dwelling unit have not been completed with all required building permit inspections finalized. Any person violating this subsection may be charged with an infraction as provided in RDMC § 8.10.080.
(5) 
Removing Notice and Order Without Inspection. It shall be unlawful and a violation of this code 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 City for 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 and order previously issued, amended, or supplemented by the City concerning such dwelling unit have not been completed with all required building permit inspections finalized. Any person violating this subsection may be charged with an infraction as provided in RDMC § 8.10.080.
(Ord. 401 § 1, 2024)
(1) 
The California Constitution (Article XI, Section 7) grants cities the police power to enforce their nuisance abatement ordinances.
(2) 
The Rio Dell Community Development Department and the Community Services Division of the Police Department are hereby authorized and directed to administer and enforce the residential rental inspection program (RRIP), all of the provisions set forth in this chapter, and all regulations approved and adopted by the City Council as provided in RDMC § 8.40.090. For such purposes, the Director or his designee shall have the powers of a law enforcement officer.
(3) 
Should any public nuisance not be abated within two weeks of the date stated in the notice and order or within the time extension granted by the City Council, the City shall have the authority to enter the property and abate the public nuisance thereon.
(4) 
In abating the nuisance, the City may go to whatever legal extent necessary to complete the abatement of the public nuisance, including removal and demolishing of the nuisance. All costs shall be recoverable.
(Ord. 401 § 1, 2024)
The Director may present to the City Council for approval and adoption those regulations which seem consistent with the purposes, intent, and express terms of this chapter as he or she deems necessary to implement such purposes, intent, and express terms. No regulation or amendments thereto shall be enforced or become effective until 30 calendar days following the date on which the proposed regulation or amendment has been approved by the City Council and filed with the Clerk. The Director shall have the power to render interpretations of this chapter and its regulations in order to clarify the application of its provisions. Such interpretations shall be in conformity with the intent and purpose of this chapter.
(Ord. 401 § 1, 2024)
(1) 
The Director, subject to the consent given by an occupant who reasonably appears to be at least 18 years of age, has the authority to enter and inspect any dwelling or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of this chapter and any regulation adopted pursuant to this chapter. In the event consent of the occupant is not available, the Director may obtain an inspection warrant pursuant to the provisions set forth in the California Code of Civil Procedure (commencing at Section 1822.50).
(2) 
The owner, authorized agent of any owner, or any of the parties in interest of any dwelling, or portion thereof, may enter the dwelling, subject to the consent of the occupant, whenever necessary to carry out any instructions or perform any work required to be done pursuant to this chapter.
(3) 
Subject to the provisions of California Code of Civil Procedure Section 1822.50 et seq. concerning inspection warrants, no person authorized by this section to enter dwellings shall enter any dwelling between the hours of 6:00 p.m. of any day and 8:00 a.m. of the succeeding day, without the consent of the occupants of the dwelling.
(Ord. 401 § 1, 2024)
(1) 
Summary abatement shall be executed when the City determines that the public nuisance constitutes an immediate and/or imminent peril to public health, safety or general welfare.
(2) 
Summary abatement is the abatement of the nuisance by the City, or a contractor of the City, by removal, demolition, repair or other acts with or without notice to the owner, agent or occupant of the property. The abatement shall be at the expense of the person causing, committing or maintaining the nuisance or the owner of the property on which it is occurring.
(3) 
If the Building Official finds from the inspection he/she has made, or caused to be made, of any building that there exists therein or on the premises thereof any conditions imminently dangerous to life should such building be or remain occupied by human beings, he/she may order the immediate evacuation of such building, if occupied, and shall cause to be posted at each entrance thereto a notice reading substantially as follows:
DANGER
DO NOT ENTER
Unsafe to Occupy
Building Official of the City of Rio Dell
Any unauthorized person removing this sign or entering this building shall be prosecuted.
(4) 
Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him/her under this chapter, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been posted at each entrance door thereof the prescribed notice, except that entry may be made to repair, demolish, or remove such building. No person shall remove or deface any such notice so posted until the required repairs, demolition, or removal has been completed and a certificate of occupancy issued pursuant to the provisions of the building code of the City of Rio Dell.
(Ord. 401 § 1, 2024)
(1) 
Administrative abatement proceedings as described in this section will take place when the nuisance is of a nonemergency nature.
(a) 
Courtesy Letter. Upon determination by an enforcement official that a nuisance exists, a courtesy letter will be delivered to the owner, occupant, lessee and/or agent of the property where the nuisance is occurring. The courtesy letter will:
(i) 
Give a sufficient description to identify the property where the nuisance is occurring and shall include the parcel number and address;
(ii) 
Describe the condition causing the nuisance;
(iii) 
Include a description of corrective action that must occur to remedy the violation;
(iv) 
Advise the owner/occupant/lessee and/or agent of the property that the nuisance must be abated within four weeks of the date of receipt of the courtesy letter;
(v) 
Advise the owner/occupant/lessee or agent of the property that failure to abate the nuisance within 15 calendar days will result in further action.
(b) 
Notice and Order. If the nuisance is not abated within 15 calendar days of delivery of the courtesy letter, the City will deliver a notice of violation and order to abate to the owner/lessee/occupant or agent. The notice and order may be recorded in the office of the County Recorder of the County of Humboldt. The notice and order will:
(i) 
Give a sufficient description to identify the property and its legal owner where the nuisance is occurring including the parcel number and address;
(ii) 
Describe the condition causing the nuisance;
(iii) 
Include a description of the corrective action that must occur to remedy the violation;
(iv) 
Provide dates by which the violation must be commenced and entirely abated.
Commencement must occur within two weeks and abatement must be complete in a specified amount of time no less than four weeks and no more than six weeks from the delivery of the notice and order, depending on the nuisance, unless an extension is granted by the City Council. The dates shall be set by the enforcement official;
(v) 
Provide a description of the penalties for failure to remedy the nuisance within the specified time defined as $25.00 per day each day beyond the specified time limits until the nuisance is abated, including $25.00 per day if the abatement is not commenced within two weeks, and $25.00 per day if the abatement is not completed within the time period specified in the notice and order, up to a maximum of $500.00;
(vi) 
Give notice that if the nuisance has not been abated within 15 calendar days of the specified time limit, the City shall have the authority to abate the nuisance itself or via a contractor and that the responsibility for the costs of abatement, including the costs of actual removal or demolition and the associated administrative and legal costs, will be assessed to the owner, lessee and/or occupant of the land on which the nuisance is located and that failure to comply may also warrant the pursuit of further civil and/or criminal charges in accordance with the laws of the State of California;
(vii) 
Describe the rights of the owner, lessee and/or occupant of the land to request a public hearing before the City Council. (Refer to RDMC § 8.10.120.)
(2) 
Weed Abatement. The City shall gain the authority to abate/destroy weeds, dry grass, rubbish and other inflammable material or vegetation 10 days from the delivery of the courtesy letter/notice to destroy weeds. The costs of such abatement, including administrative costs, shall be the responsibility of the property owner.
(Ord. 401 § 1, 2024)
Any notice or letter required to be delivered by this chapter shall be deemed to have been delivered when a copy of said notice is either served personally or has been deposited in the mail, postage prepaid, certified, return receipt requested to the owner and/or occupant, lessee or agent of the property. A copy of the notice may also be prominently affixed to the premises. The failure of the City to make or attempt to make such service shall not invalidate any proceedings of this chapter. If no address can be found or is known to the City, then any notice shall be so mailed to such person at the address of the premises where the nuisance is occurring. The failure of any person to receive such notice shall not affect the validity of the proceedings of this chapter.
(Ord. 401 § 1, 2024)
(1) 
Appeal. Within 10 calendar days of delivery of the notice and order, the owner, lessee or occupant may appeal any notice and order by filing at the office of the Clerk an appeal fee established by resolution of the City Council and a written appeal. The appeal shall not be deemed filed until payment of the appeal fee has been received; however, the appeal fee required hereby may be waived on the basis of financial hardship. Within the same 10-calendar-day time period, the owner, lessee or occupant of the property may submit to the City in writing a sworn declaration that the nuisance does not exist and/or is not their responsibility. In this case, the Director may continue the public hearing to determine the existence and/or responsibility of the nuisance. The written appeal shall contain:
(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 and order, determination or action.
(c) 
A brief statement in ordinary and concise language of the specific order, determination or action protested, together with any material facts claimed to support the contentions of the appellant(s).
(d) 
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, determination or action should be reversed, modified or otherwise set aside.
(e) 
The signature of each party named as an appellant and their official mailing address(es).
(f) 
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(2) 
Inspection. The City Manager may inspect the premises involved in the appeal 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 City Manager 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 for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
(3) 
Public Hearing. A public hearing shall be scheduled not less than 10 calendar days nor more than 60 calendar days from the date that the City receives a complete appeal. The Clerk shall give written notice of the time and place of the hearing at least five days prior to the date of the hearing to each appellant by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, certified postage prepaid return receipt requested, addressed to each appellant at his or her address shown on the appeal. Notice shall be effective upon personal delivery or five days after mailing.
(a) 
Conduct of Hearing. The City Manager may act as the hearing officer or may convene one or more persons to act as the hearing officer.
(b) 
Persons Affected. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the enforcement official and other witnesses.
(c) 
Determination. The hearing officer shall issue a written decision to uphold or overturn the Director's or City inspector's determination.
(4) 
The appellant may appeal the hearing officer's decision to the City Council. The appeal must contain a written statement of issues on appeal together with supporting documentation and evidence, as well as payment of the appeal fee established by resolution of the City Council. The appeal must be submitted to the City Clerk no later than 10 calendar days after the date of notification of the City Manager's decision.
(a) 
The City Council shall conduct a hearing to hear the appeal no later than 30 days after submittal of a complete appeal. The City Council shall consider all relevant evidence including, but not limited to, the Director's or City inspector's determination with supporting documentation, applicable staff reports, and objections or protests relevant to the determination. The appellant carries the burden to demonstrate with clear and convincing evidence that the determination was erroneous. Both the appellant and Director or City inspector shall be given opportunities to testify and present evidence. The legal rules of evidence shall not apply, and the City Council may rely on any relevant evidence that is material to the Director's or City inspector's determination.
(b) 
Upon the conclusion of the hearing, the City Council shall, on the basis of clear and convincing evidence presented at the hearing, decide whether the determination should be upheld, or whether the determination was erroneous and therefore should be modified or reversed.
(Ord. 401 § 1, 2024)
(1) 
Form. The decision of the City Manager, City Council or Director 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.
(2) 
Possible Orders. 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 10 calendar days after the issuance of the decision, and that the abatement be completed within such time as specified by the City Manager, City Council, 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 City Manager or City Council 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 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 City Manager or City Council may order other measures which are reasonable and necessary for the protection of the public or property under the circumstances. The City Manager's or City Council'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 City, 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 City as a result of the owner's failure to do so, may be made a lien on the subject property.
(3) 
Decision Final. The decision of the City Council or Director shall be final when signed and issued by the City Council or Director and served as herein provided.
(Ord. 401 § 1, 2024)
Failure of any person to properly appeal, including making payment of the appeal fee in accordance with the provisions of this chapter, shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, determination, or action, or any portion thereof.
(Ord. 401 § 1, 2024)
The City may be awarded its costs, including attorneys' fees, in defending against an unsuccessful appeal brought without substantial merit, which costs may be charged jointly and severally against the appellants and recovered as costs of enforcement as provided herein. Such an award must be based upon a finding supported by a preponderance of the evidence that the appeal was without substantial merit or was taken for the sole purpose of delay.
(Ord. 401 § 1, 2024)
(1) 
Each day in which a violation and/or public nuisance is not abated following the commencement and completion dates specified in the notice and order will constitute a separate infraction of this chapter with a penalty of $25.00 per day, including $25.00 per day if not commenced by the specified date and $25.00 per day each day that the nuisance continues to exist on the property beyond the specified abatement deadline, up to a maximum of $500.00. Additional civil and criminal charges or penalties may be imposed in accordance with California State law.
(2) 
Repeat violations of this chapter by the same responsible party within one year of delivery of the first notice and order may result in higher per-day penalties, up to $50.00 per day, up to a maximum of $1,000.
(3) 
Fines. The City may seek, in addition to all other remedies available at law, criminal sanctions, contempt and other penalties provided for under Chapter 6, Division 1.5 of the Health and Safety Code (commencing at Section 17995).
(4) 
The City may shut off the water supply to any rental units where the owners have failed to pay the required rental housing code registration fee or have failed to conduct the required property inspection and the filing of the inspection reports as required by this chapter.
(Ord. 401 § 1, 2024)
(1) 
Costs. In the event that the owner/lessee/occupant does not abate the nuisance within the time period specified in the notice and order, the City shall retain the right to abate the public nuisance at the expense of the responsible party. Expenses to the owner/lessee/occupant shall include the actual costs of abatement as well as the associated administrative and legal costs, including court costs and attorneys' fees, and penalties.
(2) 
Revolving Fund.
(a) 
The City Council shall create a housing code enforcement fund revolving fund from which may be paid the costs of enforcing the provisions of this chapter and the City's nuisance abatement program, and into which shall be paid the receipts from the collection of penalties and costs recovered.
(b) 
The material property retrieved from any nuisance abated by the enforcement official may be sold in the same manner as surplus City personal property is sold, and the proceeds from such sale shall be paid into the revolving fund.
(3) 
Accounting and Receipts.
(a) 
The City Finance Department shall keep an itemized account of the expenses incurred by the City in enforcing the provisions of this chapter, including the costs of administering this chapter and actually abating a public nuisance and all administrative, legal and contracting costs.
(b) 
Upon completion of the abatement, the enforcement official shall cause a public notice to be prepared which will specify the work done and include an itemized account of the costs and receipts of performing the work; an address, legal description or other description sufficient to identify the premises; the amount of the assessment proposed to be levied against the premises; and the time and place when and where the enforcement official will submit the account to the Council.
(4) 
Assessment of Costs and Penalties. At a regularly scheduled City Council meeting, of which responsible parties will be notified, the Council shall hear and consider the account, penalties and proposed assessment, together with objections and protests thereto. The Council may make such modifications and revisions of the proposed assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the Council shall be final and conclusive.
(5) 
Penalties and/or costs will be billed directly to the responsible party. Failure to pay will result in the preparation and recording of a lien.
(Ord. 401 § 1, 2024)
(1) 
Upon failure of the responsible party to pay penalties and costs, and upon confirmation by the Council, the enforcement official shall cause to be prepared and recorded in the office of the County Recorder of the County of Humboldt a notice of lien. Said notice shall contain the following:
(a) 
An address, parcel number, legal description or other description sufficient to identify the premises;
(b) 
A description of the proceedings under which the special assessment was made, including the order of the Council confirming the assessment;
(c) 
The amount of the assessment;
(d) 
A claim of lien upon the described premises.
(2) 
Lien. Upon the recordation of such notice of lien, the amount claimed shall constitute a lien upon the described premises.
(a) 
Collection with Ordinary Taxes. The notice of lien, after recordation, shall be delivered to the County Auditor, who shall enter the amount of the lien on the assessment roll as special assessments. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary City taxes, and all laws applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such assessment.
(Ord. 401 § 1, 2024)