Chapter 16.22 ELK GROVE CITY DANGEROUS BUILDINGS CODE

A. It is the intent of the Elk Grove City Council in adopting this code to provide a comprehensive method for the identification and abatement of certain public nuisances within the City limits, and to assess any costs of abatement thereof against the owners of the premises, either as a personal obligation or as a lien against the subject property.

B. The provisions of this code are to be supplementary, cumulative and complementary to all of the provisions of the Elk Grove Municipal Code, State law, and any law cognizable at common law, or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of Elk Grove to abate any and all nuisances.

C. The provisions of this code are enacted for the protection of life, limb, health, safety, property, or welfare of occupants of and neighbors to dangerous buildings and the general public, and may require that the dangerous building be repaired or demolished, at the owner’s expense, and that the building be vacated and entry be denied until the dangerous condition is no longer present. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.102 Application.

The provisions of this code shall apply generally to all property within the Elk Grove City limits. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

Article II. Administration and Enforcement

16.22.200 Administration.

The Building Official is to administer and enforce the provisions of this code. As used herein, the term “Building Official” shall include the designated representative of the Building Official. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.201 Regulations.

The Building Official is authorized to adopt and enforce reasonable regulations consistent with the purposes, intent, and express terms of this code as he or she deems necessary to implement such purposes, intent, and express terms. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.202 Filing regulations with Clerk.

No regulation, or amendments thereto, shall be enforced or become effective until thirty (30) days following the date on which the proposed regulation or amendment has been filed with the City Clerk. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.203 Authority to enter and inspect.

A. Inspections. To the extent authorized by law, the Building Official may enter any premises at reasonable times to make inspections authorized by this code or State law. The Building Official is authorized to make such inspections and to take such actions as may be necessary or appropriate to enforce the provisions of this code, including, without limitation, inspection of all buildings, structures or premises within the scope of this code, and all construction or work for which a permit is required in accordance with the Building Code.

B. Right of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or when the Building Official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. No person shall enter any building or premises pursuant to this section 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 owner or the occupants of the building or premises, and shall not enter any building or premises in the absence of the occupants without a proper written order executed and issued by a court of competent jurisdiction. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.204 Responsibility for proper maintenance.

A. Owner. Every owner of real property within the City limits is required to maintain such property in a manner so as to not violate the provisions of this code, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

B. Occupant or Lessee. Every occupant, lessee or holder of any interest in property other than an owner thereof or lender whose sole interest therein is as security for the repayment of a debt, is required to maintain such property in the same manner as is required of the owner thereof, and the owner thereof, and the duty imposed by this section on the owner thereof, shall in no instance relieve those persons herein referred to from the similar duty. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.205 Hearing Officer.

Reference to the term “Hearing Officer” in this chapter shall be interpreted to mean “Appeals Hearing Officer” as the term is used in EGMC Chapter 1.11. An Appeals Hearing Officer shall hear issues and appeals brought by the department head under the provisions of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.206 Abatement of dangerous buildings.

All buildings, structures, or portions thereof, and premises which are determined after inspection to be dangerous as defined in this code, are hereby declared to be public nuisances, and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in this code, or in any other manner authorized by law or in equity. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.207 Violations.

A. All buildings, structures, and premises are to be maintained so as not to pose a threat to the health and safety of any person or persons. It shall be unlawful and a violation of this code for any person whether as owner, lessee, sublessor, sublessee or occupant of any building, structure or premises to maintain or allow such building, structure or premises to become a dangerous building. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

B. It shall be unlawful and a violation of this code for any person, whether as owner, lessee, sublessor, sublessee or occupant of any premises, to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, use, occupy, maintain, or cause or permit the same to be done, to any building, structure, or premises, or portion thereof, in violation of this code. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

Article III. Definitions

16.22.300 Definitions.

For the purposes of this code, the following words shall have the following specified meanings:

A. “Building Code” means the Uniform Building Code as adopted and amended by EGMC Chapter 16.04, as may be amended from time to time.

B. “Dangerous building” means any building, structure or premises deemed to be dangerous under the provisions of EGMC Section 16.22.301.

C. “Building Official” means the Building Official of the Building Safety and Inspection Department of the City of Elk Grove, or his or her authorized representative.

D. “Housing code” means EGMC Chapter 16.20, as may be amended from time to time.

E. “Owner” means all persons, firms, businesses, partnerships, and corporations who own a fee interest of public record in real property subject to this code.

F. “Party in interest” means all persons, firms, businesses, partnerships, and corporations who have a lease, sublease, easement, mortgage, or other interest of public record, in real property, a building, structure, or premises subject to this code.

G. “Person” means any natural person, firm, partnership or corporation.

H. “Premises” means any real property, including any and all buildings, structures and improvements thereon, as the case may be. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.301 Dangerous building.

For the purpose of this code, any building, structure or premises which has any of the conditions or defects hereinafter described, shall be deemed to be a dangerous building; provided, that such condition or defect endangers or may endanger the life, health, property, safety or welfare of the occupants of such building, structure or premises, adjoining property owners or their occupants, or the public:

A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or other emergency.

B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or other emergency.

C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (0.5) times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

D. Whenever any portion thereof has been damaged by fire, earthquake, wind, and flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such event and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

E. Whenever any portion, member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

F. Whenever any portion thereof, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (0.5) of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

G. Whenever any portion thereof has racked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new buildings of similar structure, purpose or location.

H. Whenever the building or structure, or any portion thereof, because of: 1) dilapidation, deterioration or decay; 2) faulty construction; 3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or structure; 4) the deterioration, decay or inadequacy of its foundation; or 5) any other cause, is likely to partially or completely collapse.

I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

J. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (0.33) of the base.

K. Whenever the building or structure, exclusive of the foundation, shows thirty-three (33%) percent or more damage or deterioration of its supporting member or members, or fifty (50%) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or by any other such cause, or has become so dilapidated or deteriorated as to become: 1) an attractive nuisance to children; 2) a harbor for vagrants; or 3) a harbor for persons to commit unlawful acts.

M. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or any other law of this State or jurisdiction relating to the condition, location or structure of buildings.

N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty (50%) percent, or in any supporting part, member or portion less than sixty-six (66%) percent of the: 1) strength, 2) fire-resisting qualities or characteristics, or 3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Official to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease.

P. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Chief to be a fire hazard.

Q. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof as a public nuisance or hazard to the public.

R. Whenever any building or portion thereof is so deteriorated, damaged, in such need of repair or is left vacant and unsecured so as to present a threat to the health, safety and welfare of the community and constitutes a nuisance. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

Article IV. Abatement Procedure

16.22.400 Abatement.

Upon a determination by the Building Official, following an inspection of the building, structure or premises, that a dangerous building is present, the Building Official 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.401 Recording certificate of nuisance/abatement.

A. Upon a determination by the Building Official, following an inspection of the premises, that a dangerous building is present, the Building Official shall cause a notice of pending enforcement action to be recorded in the office of the Sacramento County Clerk-Recorder by the City of Elk Grove. The notice of pending enforcement action shall contain statements providing the following information regarding the premises: 1) a sufficient description to identify the subject property, 2) certify that the Building Official has determined that the property is the site of a dangerous building and is a public nuisance, and 3) 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 Clerk-Recorder. The certificate of abatement shall state the following regarding the premises: 1) a sufficient description to identify the subject property, 2) reference to the earlier recorded notice of pending enforcement action, and 3) 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.402 Summary abatement.

A. If a dangerous building is found to exist, and in the reasonable discretion of the Building Official, 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 City 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 Building Official 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 Building Official 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 Building Official, or a peace officer acting pursuant to the request of the Building Official, to vacate without requiring advance notice and an opportunity for a hearing. Such order to vacate shall be in writing signed by the Building Official. 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 Building Official to notify the owner of the premises in advance of such summary abatement. No such notice shall be required if the Building Official 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 Building Official’s decision that an imminently dangerous building was present, and in reviewing the actions taken by the City in conducting summary abatement thereof, the court shall presume that the Building Official’s decision was properly made and that the City’s actions were lawful, reasonable and appropriate.

F. The cost of summary abatement of the nuisance, including all costs incurred by the City 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 City, 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 Section 25845 of the Government Code, 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 City in the action or proceeding. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.403 Administrative abatement.

If a dangerous building is found to exist on any premises, the Building Official 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 City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.404 Notice and order.

A. Contents. To initiate the administrative abatement process, the Building Official 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 Building Official 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 Officer from the Office of City Hearing Officer, at a set date, time and location, but in no event less than twenty (20) 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 City at the owner’s expense. If the Building Official 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 City at the owner’s expense. The notice shall state that conduct of the hearing will be pursuant to the provisions set forth in Section 11513(a), (b) and (c) of the Government Code. 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 Building Official in writing that they will abate the nuisance, and the date of scheduled completion thereof. The Building Official 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 City 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 City may request a continuance of the hearing pursuant to EGMC 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 Building Official may offer evidence in support of the existence of the following conditions concerning the subject property: a) a dangerous building or structure exists on the property, b) the repairs or demolition required to correct the violations have not been accomplished, and c) tenants or occupants, if any, must be ordered to vacate.

7. Possible Orders. A statement that if the Hearing Officer finds by a preponderance of the evidence that the above described conditions exist concerning the premises the Hearing Officer may then order that the City may directly or by contract, and without further notice or consent of the owners or any party in interest:

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

b. Demolish. Demolish the premises in a manner appropriate under the circumstances if the Hearing Officer also finds by a preponderance of the evidence that it is not economically feasible to repair the premises; and

c. Vacation. Vacate the premises in a manner appropriate under the circumstances if the Hearing Officer 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.

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 persons qualified to estimate repair costs and appraised value, with concurrence of the Building Official.

8. Owner Responsible for Costs. A statement advising that the owner may be held personally liable for payment of all costs incurred by the City in any administrative enforcement action, including, but not necessarily limited to, fees and costs of investigation, administration, technical consultants, hearings, permits, inspections, City-performed abatement activities or those abatement activities performed by third parties at the City’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 chapter 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 or her/their address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the Building Official, 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 Building Official 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 Building Official. 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.405 Warning sign.

A. If a dangerous building is found to exist on any premises, the Building Official 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 Building Official’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 Building Official. Any warning sign posted upon a premises shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO ENTER OR OCCUPY

The City of Elk Grove has found this building to be dangerous.

EGMC Chapter 16.22.

It is a misdemeanor to enter or occupy this building, to remove boards, and/or to remove or deface this notice.

Building Official

Building Safety and Inspection

Development Services

City of Elk Grove

B. Securing. Whenever the Building Official determines that a dangerous building constitutes an immediate threat to the public health or safety, the Building Official may board up the structure in accordance with the provisions in EGMC Chapter 16.23. No person shall remove or deface any such boards placed by the Building Official without the prior written permission of the Building Official. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.406 Administrative hearings – Generally.

At the time set for hearing, the Hearing Officer shall proceed to hear the testimony of the Building Official, the owner, and other competent persons respecting 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 code and shall render all decisions and findings in writing which shall then be served on all parties as herein provided. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.407 Record of oral evidence at hearing.

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 Officer to certify the record of the hearing. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.408 Continuances.

The Hearing Officer may, upon request of the owner, a party in interest, or the Building Official, grant continuances from time to time for good cause shown, or upon his or 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.409 Oaths – Certification.

The Hearing Officer or certified shorthand reporter shall administer the oath or affirmation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.410 Evidence rules.

Section 11513, Subsections (a), (b) and (c), of the Government Code of the State of California, as presently written, or hereinafter amended, shall apply to hearings conducted under this code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.411 Rights of parties.

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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.412 Official notice.

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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.413 Inspection of premises.

The Hearing Officer 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; and

C. 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.

D. 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.414 Form and contents of decision – Finality of decision.

A. Form. 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 thirty (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 fifteen (15) days after the issuance of the decision, and that the abatement be completed within such time as specified by the Hearing Officer, or in the alternative, within the time designated by the Building Official. 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 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 Officer may 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 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 Officer, 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.

B. Time for Challenging Decision. The decision shall also inform the parties that the time within which one must file a challenge to the decision is governed by EGMC Chapter 1.06, as the same may be amended from time to time.

C. Decision Final. The decision of the Hearing Officer shall be final when signed and issued by the Hearing Officer and served as herein provided in EGMC Section 16.22.415. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.415 Service of the Hearing Officer’s decision.

Upon issuance of the hearing officer’s decision, the Building Official shall serve a copy on the owner and all parties in interest in the same manner as set forth in EGMC 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 EGMC Section 16.22.404(C). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.416 Challenge to decision of Hearing Officer.

Any challenge to the decision of the Hearing Officer and preparation of a record of the administrative proceeding shall be governed by the provisions of EGMC Chapter 1.06. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.417 Notice to vacate.

A. If ordered by the Hearing Officer, the Building Official shall serve a notice to vacate concerning the premises in the manner set forth in EGMC 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 EGMC 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 Building Official 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 Building Official pursuant to this section without the prior written permission of the Building Official. Any notice to vacate shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO ENTER OR OCCUPY

The City of Elk Grove has found this building to be dangerous.

EGMC Chapter 16.22.

It is a misdemeanor to enter or occupy this building, to remove boards, and/or to remove or deface this notice.

Building Official

Building Safety and Inspection

Development Services

City of Elk Grove

B. Securing. Whenever the Building Official determines that a dangerous building constitutes an immediate threat to the public health or safety, the Building Official may secure the structure in accordance with the provisions in EGMC Chapter 16.23. No person shall remove or deface any board or fence used to secure the property without the prior written permission of the Building Official. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.418 Interference with repair or demolition work prohibited.

No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized City 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 City 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.419 Performance of work or repair or demolition.

A. Procedure. When any work of repair or demolition is to be done by the City pursuant to order of the Hearing Officer, the Building Official shall issue a work order therefore and the work shall be accomplished by personnel of this jurisdiction, or by private contract under the direction of the Building Official. 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 Building Official, or the Building Official 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 City Council shall determine is appropriate under the procedure herein described in Article V of this chapter concerning recovery of costs. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

Article V. Recovery of Cost of Abatement

16.22.500 Costs of abatement – Confirmation.

A. Costs. When proceedings under this code result in the correction of a violation of this code or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of Elk Grove Municipal Code, all costs of such proceedings and abatement incurred by the City may be assessed against the property. Such costs may include, but not by way of limitation, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing and defending challenges to decisions or actions and pursuing any judicial action. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

B. Attorneys’ Fees. Pursuant to Section 38773.1 of the Government Code, 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 City in the action or proceeding.

C. Accounting of Abatement Costs. The Building Official shall keep an account of the administrative and other costs of abatement, and shall submit to the City Council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the City Clerk not later than fifteen (15) days in advance of the confirmation hearing required below.

D. Clerk to Schedule Public Hearing to Confirm Report of Costs. Upon receipt of the report of costs, the City Clerk shall schedule a public hearing to receive protests and confirm the report.

E. Notice of Public Hearing to Confirm Report of Costs. Notice of the time, date and place of the hearing proposed assessment, together with reference to the report on file with the Clerk, shall be given to the 1) owner or owners as shown on the last equalized assessment roll available on the date of mailing of the notice, and to 2) each party in interest of each parcel of property proposed to be assessed.

F. Time for Giving Notice. Such notice shall be served not later than fifteen (15) days in advance of the hearing.

G. Service of Notice.

1. Owner. Notice to the owner or owners of each property proposed to be assessed, shall be served by mail addressed to the owner at the address shown on the last equalized assessment roll, or any other address or addresses ascertained to be more accurate. If no address or owner is shown on the last equalized assessment roll, then notice shall be given by publication in a paper of general circulation within the City. Notice shall also be posted on the property. The notice published in a newspaper of general circulation shall show the name or names of the owner or owners if known, the assessor’s parcel number, the street address of the property, if the property has an address and the address is known to the Building Official, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report of costs on file with the Clerk. Such publication shall be made not later than fifteen (15) days in advance of the hearing.

2. Party in Interest. Notice to each party in interest of each property proposed to be assessed, shall be served by mail addressed to the party in interest at the address shown on the instrument of record creating such interest in the property, or any other address or addresses ascertained to be more accurate. If no address for such party in interest is known, then notice shall be given by publication in a paper of general circulation within the City. The notice published in a newspaper of general circulation shall conform to the requirements set forth in EGMC Section 16.22.500(F)(1).

3. Public. Notice of the time, date and place of the public hearing by the City Council shall be published once (1) in a newspaper of general circulation published within the City. Such publication shall be made not later than fifteen (15) days in advance of the hearing.

4. Service Effective. Service shall be complete and effective as of the date of mailing or publication, as may be appropriate, as herein provided. The failure of any person to receive such notice shall not affect the validity of any proceedings taken pursuant to this section.

H. Proof of Service. Proof of service by mail shall be effected in the manner set forth in EGMC Section 16.22.403(B). Proof of service by publication shall be certified by written declaration under penalty of perjury executed by the person authorized to so by the newspaper of general circulation declaring the date the notice was published by a newspaper of general circulation within the City, and a copy of the published notice shall be affixed to such declaration.

I. Protests. Protest or objection to all or part of the report of costs may be in writing or may be given orally at the hearing for confirmation of the report of costs. Written protests or objections to all or part of the report of costs shall specify the hearing date, hour and description of the subject property.

J. Public Hearing by City Council – Confirmation of Costs. Upon the day and hour fixed in the notice the City Council shall conduct a public hearing to consider and pass upon the report of costs, together with any such protests or objections thereto. The City Council may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the City Council is satisfied with correctness of the charge, the report (as submitted or as revised, corrected or modified) shall be confirmed or rejected by motion or resolution. The City Council may continue the hearing and delegate to the City Manager, or his designee, the responsibility of hearing individual protests and objections, and submitting a recommendation with respect thereto; provided, that the City Council provides an opportunity for individual consideration of each protest or objection upon receipt of the recommendation by the City Manager or his designee. The decision of the City Council on the report of costs and on all objections or protests shall be final and conclusive.

1. Personal Obligation. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders the charge to be a personal obligation of each owner of the property involved, then it shall direct the Finance Department to collect the amount of the charge on behalf of the City of Elk Grove by use of all appropriate legal remedies.

2. Special Assessment. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property.

K. Service of Confirmed Report of Costs. Promptly following confirmation of the report by the City Council, the City Clerk shall serve upon the owner or owners, and all parties in interest, a copy of the confirmed report of costs. The confirmed report of assessment shall include the following items: 1) the amount of the confirmed costs, 2) demand that the same be paid in full to the City within thirty (30) days from the date of service, and 3) a statement that failure to receive payment within the time allotted shall result in the costs either becoming a personal obligation of the owner or the recording of a special assessment lien against the subject property. Service of the confirmed report of costs shall be effected in the same manner as service of the notice of hearing as set forth in this section. [Ord. 7-2011 §2, eff. 3-25-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.501 Costs – Assessments.

A. Costs Liened If Not Paid within Thirty (30) Days. If the costs as confirmed have not been received by the City within thirty (30) days of the date notice thereof is effective, and the City Council has ordered that such costs be assessed against the property, the costs shall be assessed against the parcel of land, as authorized by Section 38773.1 of the Government Code, and a notice of abatement lien may be recorded against the subject property and notice thereof shall be transmitted to the tax collector. Collection of the special assessment shall be in the same manner as ordinary County taxes, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of County taxes are applicable to the special assessment.

B. Transfer to Bona Fide Purchaser. If, subsequent to the service of the notice and order, and prior to notice being given to the tax collector for collection as set forth in subsection (A) of this section, the property subject to the notice and order is sold, or title otherwise transferred to a bona fide purchaser for value, said costs shall be the responsibility of the owner of record as of the date said notice and order was placed in the United States postal system or posted on the property, whichever is later.

C. Remedies Cumulative. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the Finance Director or his or her designated representative may pursue any remedy provided by law for collection of the unpaid costs. [Ord. 7-2011 §2, eff. 3-25-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.502 Treble costs.

Pursuant to Section 25845.5 of the Government Code, upon entry of a second (2nd) or subsequent civil or criminal judgment within a two (2) year period finding that an owner is responsible for a condition that may be abated pursuant to Section 25845 of the Government Code, a court may order the owner to pay treble the costs of abatement. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.503 Assessment for summary abatement.

Where the charge to be made is the result of summary abatement pursuant to EGMC Section 16.22.402, the City Council may determine whether or not the action to abate was proper, and may confirm the report of cost or not as it may deem proper. Such determination shall be final and conclusive. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.504 Time for contest of assessment.

The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is ordered to be placed upon the assessment roll as provided herein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.505 Filing copy of report with County Auditor/Controller.

A certified copy of the assessment shall be filed with the County Auditor/Controller on or before August 1st. The descriptions of the parcels reported shall be those used for the same parcels on the map books of the Sacramento County Assessor for the current year. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

Article VI. Boarding of Vacant Structures in Abatement Proceedings

16.22.600 Purposes.

Proceedings for the abatement of dangerous buildings is governed by EGMC Chapter 16.22. “Dangerous building” means any building, structure or premises deemed to be dangerous under the provisions of EGMC Section 16.22.301.

Existing ordinances do not provide for the securing of such structures pending the conclusion of enforcement proceedings commenced under EGMC Chapter 16.22. The purpose of this chapter is to authorize such action as a part of such proceedings, and provide for recovery of the City’s costs incurred in connection therewith. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.601 Applications.

This chapter shall apply to every dangerous building within the City of Elk Grove. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.602 Administration and enforcement.

The Building Official shall administer and enforce this chapter. The Building Official shall assist in the inspection of structures, and in the presentation of evidence at hearings held pursuant to EGMC Section 16.22.605. Nothing herein shall be construed as limiting the authority of the Building Official, as successor to the powers and duties vested by EGMC Chapter 16.22 or to initiate an inspection pursuant to EGMC Section 16.22.203. [Amended as requested by city; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.603 Securing.

The Building Official may require any structure that constitutes a dangerous building and is not undergoing active repair to be secured, within a maximum of seven (7) days of the notice. Securing may include both fencing and boarding. Whenever the Building Official determines that a dangerous building constitutes an immediate threat to the public health or safety, or the owner fails to secure it after being required to do so, the Building Official shall secure such structure in accordance with the terms of this chapter. The Building Official may have plans and specifications prepared, and such securing and all services incidental thereto performed, by City personnel or by contract in the manner provided by EGMC Section 16.22.419, if a dangerous building. It shall be unlawful and a violation of this code for any person to remove, deface or destroy the boards posted by the Building Official pursuant to this section without the prior written permission of the Building Official. Any person who occupies this building and/or removes boards, removes may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18. [Amended as requested by city; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.604 Securing – Notice.

The Building Official shall give written notice of any securing required pursuant to this chapter as a part of the notice required by EGMC Section 16.22.404, for a dangerous building. If the Building Official secures the property, such notice shall be given as part of the notice required by EGMC Section 16.22.500. The notice shall be issued within three (3) business days following the completion of such securing. Such notice shall include a description of the conditions found to constitute an immediate threat to the public health or safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.605 Securing – Hearings.

Any person to whom notice is issued pursuant to EGMC Section 16.22.604 shall have the right to contest the Building Official’s decision to secure the structure at the hearing provided pursuant to EGMC Section 16.22.404, for dangerous buildings. At the hearing the Building Official shall have the burden of proving, by a preponderance of the evidence that conditions existed rendering the structure a threat to the public health or safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]

16.22.606 Securing – Costs – Assessment.

If the Building Official’s decision to secure is either not contested pursuant to EGMC Section 16.22.605, or, following hearing thereon, is sustained by the City Council, the City’s costs of securing pursuant to EGMC Section 16.22.603, including, but not limited to, the costs of all services rendered by or on behalf of the City in connection therewith, shall be assessed and collected in accordance with EGMC Sections 16.22.500 through 16.22.505 for a dangerous building. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 11-2008 §4, eff. 6-13-2008]