Chapter 16.23
BOARDING OF VACANT STRUCTURES IN ABATEMENT PROCEEDINGS
Sections:
16.23.040 Administration and enforcement.
16.23.070 Securing – Hearings.
16.23.080 Securing – Costs – Assessment.
16.23.010 Purposes.
Proceedings for the abatement of substandard dwellings and dangerous buildings are governed, respectively, by EGMC Chapters 16.20 and 16.22. From time to time, such proceedings concern vacant buildings which are unsecured and accessible to unauthorized persons. Unauthorized persons do in fact trespass upon, congregate within and occupy such vacant buildings. Such trespass and occupancy produce criminal activity, principally the illegal selling and serving of drugs and repeated vandalism; create blight; make the buildings fire and safety hazards to the adjacent community; and threaten the health and safety of the trespassers and occupants and the general public. Such unsecured structures are hereby declared to be public nuisances.
Existing ordinances do not provide for the securing of such structures pending the conclusion of enforcement proceedings commenced under EGMC Chapter 16.20 or 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. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.23.020 Definitions.
As used in this chapter, the following definitions shall apply:
A. “Chief” shall mean the Chief Building Official, and any subordinate employee to whom he or she delegates responsibility for purposes of this chapter;
B. “Director” shall mean the Development Services Director and any subordinate employee to whom he or she delegates responsibility for the purposes of this chapter;
C. “Substandard dwelling” shall mean a building described by EGMC Section 16.20.100 which is vacant, whether a discrete structure or a unit within a multi-unit structure;
D. “Dangerous building” shall mean a building described by EGMC Section 16.22.301 which is vacant, whether a discrete structure or a unit within a multi-unit structure. [Ord. 24-2015 §7 (Exh. E), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.23.030 Application.
This chapter shall apply to every substandard dwelling and every dangerous building within the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.23.040 Administration and enforcement.
The Director shall administer and enforce this chapter. The Director shall assist in the inspection of structures, and in the presentation of evidence at hearings held pursuant to EGMC Section 16.23.070, upon request by the Director. Nothing herein shall be construed as limiting the authority of the Director, as successor to the powers and duties vested by EGMC Chapters 16.20 and 16.22 in the Director of Public Health, to initiate an inspection pursuant to EGMC Section 16.20.340 or 16.22.203. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.23.050 Securing.
A. The Director may require any structure that constitutes a substandard dwelling or 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 Director determines that a substandard dwelling or 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 Director shall secure such structure in accordance with the terms of this chapter. Any required boarding of such structures shall be in accordance with plans and specifications for the boarding of vacant properties, issued by the United States Department of Housing and Urban Development, or such other plans or specifications as may be deemed necessary or desirable by the Director in his or her sole discretion. The Director may have such 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 16.20.700, if substandard dwelling, or EGMC Section 16.22.419, if a dangerous building.
B. The Director may also order the structure to be boarded with boards painted with red paint. In addition to any notices posted pursuant to EGMC Chapters 16.20 and 16.22, the Director may order that a sign be erected on the boards which shall be in substantially the following form:
THE CITY OF ELK GROVE HAS DETERMINED THAT THIS STRUCTURE IS UNSAFE TO OCCUPY AND IS A BLIGHT TO THE COMMUNITY
Owner: (give name of current owner, as shown on the last equalized assessment roll available on the date of boarding or any other owners ascertained to be more accurate)
Phone Number: (give current, public listed telephone number)
Mailing Address: (give current, public listed address)
It shall be unlawful and a violation of this code for any person to remove, deface or destroy the boards posted by the Director pursuant to this section without the prior written permission of the Director. Any person who occupies the building, removes boards, and/or removes or defaces this notice may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 1.04.
[Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.23.060 Securing – Notice.
The Director shall give written notice of any securing required pursuant to this chapter as a part of the notice required by EGMC Section 16.20.400 if a substandard dwelling, or EGMC Section 16.22.404, if a dangerous building. If the Director secures the property, such notice shall be given as part of the notice required by EGMC Section 16.20.750 or 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, whether the structure was boarded with red boards, and/or whether the owner’s name and telephone number were posted on the boards. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.23.070 Securing – Hearings.
Any person to whom notice is issued pursuant to EGMC Section 16.23.060 shall have the right to contest the Director’s decision to secure the structure at the hearing provided pursuant to EGMC Section 16.20.500, if a substandard dwelling, or EGMC Section 16.22.404, if a dangerous building. At the hearing the Director shall have the burden of proving, by a preponderance of the evidence, that: A) the structure was not locked or otherwise secured against random access, and B) conditions existed rendering the structure a threat to the public health or safety. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.23.080 Securing – Costs – Assessment.
If the Director’s decision to secure is either not contested pursuant to EGMC Section 16.23.070, or, following hearing thereon, is sustained following the hearing described in EGMC Section 16.23.070, the City’s costs of securing pursuant to EGMC Section 16.23.050, 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 16.20.750 through 16.20.760, if a substandard dwelling, or EGMC Sections 16.22.460 and 16.22.500 through 16.22.505, if a dangerous building. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]