Article 3 Enforcement Proceedings

§ 16.20.300 Public Nuisance Declared.

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.

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.

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, and is liable for any costs and fees of the receiver or enforcement agency, as applicable.

(SCC 0934 § 4, 1993; SCC 1125 § 5, 1999; SCC 1146 § 9, 1999; SCC 1707 § 1, 2022; SCC 1749, 1/28/2025)

§ 16.20.305 Notice of Violation.

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:

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.

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.

A statement of the action required to be taken as determined by the Director. The action required may advise as follows:

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.

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.

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.

Any combination of (a), (b), or (c) herein may be implemented to correct the noted violation(s).

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:

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).

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.

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.

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.

Service of Notice.

The notice of violation, and any amended or supplemental notice of violation, shall be served upon;

The owner, by first class mail or, 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, 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. Service shall be effective for all purposes upon receipt if personally served, or within five business days of mailing as herein provided;

The occupant, by first class mail or posting the notice on the property; and

Every known party in interest, by first class mail.

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.

Appeal of Notice.

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:

The names of all appellants participating in the appeal.

A brief statement setting forth the legal interest of each of the appellants in the building or land described in the notice of violation.

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.

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.

The signature of each party named as an appellant and their official mailing address, email address, and phone number.

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.

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.

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.

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:

The street address and such other description as is required to identify the premises.

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.

A statement advising the appellant is responsible for all costs incurred by the County for any abatement hearing.

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.

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.

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.

The appeal hearing shall be conducted in the manner set forth in Section 16.20.320 of this chapter.

(SCC 0934 § 4, 1993; SCC 1125 § 5, 1999; SCC 1146 § 9, 1999; SCC 1707 § 1, 2022; SCC 1749, 1/28/2025; SCC 1758, 7/22/2025)

§ 16.20.310 Notice and Order.

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:

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.

A statement of the action required to be taken as determined by the Director. The action required may be as follows:

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.

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.

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.

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.

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:

Assessment of inspection fees as described in Article 7 hereof;

Enjoin owner from collecting rents, encumbering, or transferring the property;

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;

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;

Administrative penalties of up to $1,000 per violation per day;

Inability to deduct from state taxes, expenses for interest, taxes, depreciation, or amortization associated with the building; and

Certain other injunctive and legal relief as may be warranted under the particular circumstances presented.

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.

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.

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.

A statement the Director may offer evidence in support of the existence of the following conditions concerning the subject property:

A substandard building or structure exists on the property;

The repairs or demolition required to correct the violations have not been accomplished.

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:

Repair the premises in a manner appropriate under the circumstances; or

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.

Service of Order.

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:

The holder of any mortgage or deed of trust or other lien or encumbrance of record;

The owner or holder of any lease of record; and

The holder of any other estate or legal interest of record in or to the building or portion thereof or the land on which it is located.

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.

Method of Service.

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.

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.

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; SCC 1749, 1/28/2025)

§ 16.20.315 Repair or Demolition.

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.

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:

The repair work is not done as scheduled.

The owner does not timely make a choice between repair or demolition.

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.

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:

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

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; SCC 1749, 1/28/2025)

§ 16.20.320 Administrative Hearing.

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.

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.

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.

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.

The hearing officer or certified shorthand reporter shall administer the oath or affirmation.

Government Code Section 11513, as presently written, or hereinafter amended, shall apply to hearings conducted under this chapter.

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.

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.

The hearing officer may inspect the premises involved in the hearing prior to, during, or after the hearing, provided:

Notice of such inspection shall be given to the parties before the inspection is made;

The parties are given an opportunity to be present during the inspection;

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

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; SCC 1749, 1/28/2025)

§ 16.20.325 Hearing Officer's Decision.

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.

Possible Orders.

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.

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.

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.

The decision shall state the prevailing party is entitled to recovery of attorneys' fees as part of its costs in the nuisance abatement action.

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.

The decision of the hearing officer shall be final when signed and issued by the hearing officer and served as herein provided.

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; SCC 1749, 1/28/2025)

§ 16.20.330 Vacation of Dangerous Dwelling.

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.

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.

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:

Do Not Enter Unsafe to Occupy

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.

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)).

Enforcement Officer __________

Telephone __________

Date __________

County of Sacramento - Code Enforcement Division

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; SCC 1749, 1/28/2025)

§ 16.20.335 Enforcement of the Hearing Officer's Decision.

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.

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.

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.

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; SCC 1749, 1/28/2025)

§ 16.20.340 Enforcement of the Director's Determination a Condition Exists upon the Property Requiring Summary Abatement.

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.

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.

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.

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; SCC 1749, 1/28/2025)

§ 16.20.345 Violations of the Housing Code.

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. Any dwelling, or portion thereof, which has become a substandard dwelling as defined herein, is declared to be a nuisance and a misdemeanor and shall be abated by repair, rehabilitation, vacation, or demolition in accordance with applicable provisions of this chapter.

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.

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.

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.

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.

Removing Boards. It shall be unlawful and a violation of this chapter for any person to remove, deface, or destroy any boards placed by the Director pursuant to Chapter 16.23 of this Code, without prior written permission of the Director.

(SCC 1707 § 1, 2022; SCC 1749, 1/28/2025)

§ 16.20.350 Illegal Occupation of Non-Residential Buildings.

If the Director determines a building or portion thereof is substandard under this chapter based solely on the building or portion thereof being illegally occupied, the Director shall not commence enforcement proceedings to abate the violation by repair if all of the following conditions are met:

The owner declares under penalty of perjury the occupant is illegally occupying the building.

The owner filed and is diligently prosecuting an unlawful detainer action against the occupant or the occupant is being removed pursuant to Section 602 of the Penal Code.

The Director determines the building poses no risk to tenants, nearby residents, or the public.

(SCC 1749, 1/28/2025)