Chapter 15.74
ALTERNATE PROCEDURE FOR ABATEMENT OF DANGEROUS OR UNSAFE BUILDINGS

Sections:

15.74.010    Alternate procedure authorized.

15.74.020    Inspection and notice to repair – Notice to vacate.

15.74.030    Notice of hearing before city council.

15.74.040    Hearing by city council – Finding of nuisance.

15.74.050    Abatement by building official.

15.74.060    Hearing by city council – Statement of expense.

15.74.070    Contracts, purchase orders and bonds.

15.74.080    Recordation of certificate – When nuisance is abated.

15.74.010 Alternate procedure authorized.

A. The following abatement procedure, described in this chapter, shall be an alternate abatement procedure to the abatement procedure set forth in the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Building Code and the Uniform Housing Code.

B. All buildings or structures which are deemed to be unsafe or dangerous buildings by the building official pursuant to the above-stated codes shall be declared to be public nuisances and shall be abated in accordance with either the abatement procedure of the above-stated codes or the abatement procedure as set forth below. [Ord. 766 § 1, 1979.]

15.74.020 Inspection and notice to repair – Notice to vacate.

A. The building official shall examine or cause to be examined every building or structure or portion thereof reported dangerous or damaged. If such is found to be an unsafe building, the building official shall obtain a preliminary title report as to the building or structure or land on which it is located, which shall identify all owners of record, lessees of record, holders of mortgages, deeds of trust or other liens and encumbrances of record. The building official shall serve upon each such person by personal service or by certified mail, postage prepaid, return receipt requested, a written notice stating the defects of the building or structure and requiring the owner to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof within 10 days and to complete such work within 60 days from the date of notice. The notice shall be sent to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice shall be so mailed, addressed to such person, at the address of the building or structure found by the building official to be unsafe. Service by certified mail shall be effective on the date of mailing. The building official shall cause at least one copy of the notice, bearing title letters at least one inch high reading, “NOTICE TO ABATE NUISANCE,” to be posted conspicuously on the building, structure, or portion thereof alleged to be unsafe.

B. If the building or structure is occupied, and the building official finds that protection of human safety necessitates that it be vacated, the notice shall also require that the building, structure, or portion thereof be vacated not later than 30 days from the date of the notice. The building official shall serve by first class mail, postage prepaid, a notice to the occupant of each dwelling unit or unit under separate use in the building or structure found to be unsafe, stating that the building official has, as a result of an inspection, found the building or structure to be unsafe and unfit for human occupancy, and advising the occupant that he must vacate the building or structure not later than 30 days from the date of the notice, and that further occupancy of the building or structure beyond the date required for vacancy is unlawful and constitutes a misdemeanor. The building official shall cause to be posted at or upon each exit of the building or structure a notice in substantially the following form:

NOTICE TO VACATE

The building official of the City of Pittsburg has found this building to be unsafe and unfit for continued human occupancy. This building or structure must be vacated not later than _________________________. It is a misdemeanor to occupy this building or structure beyond such date, or to remove or deface this Notice.

DATE: _____       _____________.

Building Official

City of Pittsburg

C. No person shall enter or remain in any building which has been posted with a notice to vacate as specified in this section after the date upon which such notice requires the building to be vacated, except that entry can be made: (1) to repair, demolish, or remove such building under permit; (2) by the building official or his duly authorized representative for purposes of inspection; and (3) after any required repairs have been completed and a certificate of occupancy has been issued.

No person shall remove or deface any notice posted pursuant to this subsection until the required repairs, demolition, or removal have been completed and a certificate of occupancy is issued.

D. Proof of services of notices shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person 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 building official. [Ord. 766 § 1, 1979.]

15.74.030 Notice of hearing before city council.

If the owner of the building or structure does not comply with the notice prescribed by PMC 15.74.020, by commencing the required work within the time allowed, or make such other arrangement as may be satisfactory to the building official, the building official shall thereupon direct the city clerk to send the following notice, or one substantially similar thereto, by certified mail, postage prepaid, return receipt requested, to the owner, mortgage holder, deed of trust holder, or holder of any other lien, encumbrance, estate, or legal interest of record as to the building or structure, as disclosed by the preliminary title report obtained pursuant to PMC 15.74.020. The cost of said title report shall be charged to the owner in the same manner and using the same procedure as all other costs incurred by the city which are to be charged to the owner as set forth in this section.

NOTICE OF HEARING BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

The owner of the building situated at _________________________________ is hereby notified to appear before the City Council of the City of Pittsburg at its meeting to be held ______________________, at the Council Chambers, 65 Civic Drive, Pittsburg, California, at the hour of _____, or as soon thereafter as she/he may be heard, and show cause, if any she/he has, why (the building) (the following portion of the building: ______________________) should not be declared to be a public nuisance, and the nuisance be abated by razing, demolishing and removing (said building), or by rehabilitation and repair of (said building) (said portion of the building), and charging the costs thereof to the owner.

[Ord. 766 § 1, 1979.]

15.74.040 Hearing by city council – Finding of nuisance.

A. At the time fixed on the notice, the city council shall proceed to hear the testimony of the building official and his assistants and the testimony of the owner or his representatives and other competent persons who may be present and desire to testify respecting the condition of the building, or pertinent portion thereof, the estimated cost of its reconstruction, repair, or removal, and any other matter which the city council may deem pertinent thereto.

B. Upon the conclusion of the hearing, the city council may by resolution declare its findings and, in the event it so concludes, it may declare said building or the pertinent portion thereof to be a public nuisance and direct the owner to obtain the proper permits and physically commence abatement of the building, or pertinent portion thereof, located on the identified site, within 15 days after the date of posting on the premises a notice of adoption of the resolution, and to complete said abatement within 75 days:

1. By having the building or pertinent portion thereof properly reconstructed or repaired;

2. By having the building or pertinent portion thereof demolished or removed.

C. Such resolution shall, further, notify the owner that if the nuisance is not abated, the building or pertinent portion thereof will be demolished, removed, rehabilitated, reconstructed, or repaired, as the case may be, by the city, and that the expenses thereof shall be made a lien on the lot where the building or pertinent portion thereof is located.

D. On or about the day the premises are posted, the city clerk shall send copies of the resolution to the person owning the land on which the building is located, as such person’s name and address appear on the last equalized assessment roll or as known to the city clerk, and to each lessee, mortgage holder, deed of trust holder, or holder of any other lien, encumbrance, estate, or legal interest of record as shown on the preliminary title report obtained pursuant to this section, at the last known address of each such person.

E. The city clerk shall file a certified copy of any resolution declaring a building or portion thereof to be a public nuisance with the recorder of the county of Contra Costa.

F. The city council will consider an extension of time of the time limits set by resolution under subsection (B) of this section, if the owner posts a cash deposit, in an amount fixed by the city council, within three days from the day of the grant of extension request. [Ord. 793 § 1, 1980; Ord. 766 § 1, 1979.]

15.74.050 Abatement by building official.

A. In the event the owner does not obtain the proper permits and physically commence the abatement of the nuisance located on the identified site within the 15 days prescribed, the building official is authorized to raze, demolish, remove, rehabilitate, or repair the building or pertinent portion thereof, in accordance with the resolution of the city council declaring the same to be a public nuisance, or have the work done under his direction or supervision, or pursuant to purchase order or contract as prescribed in PMC 15.74.070.

B. Account of Expenses by Building Official. The building official shall keep an itemized account of all expenses, including but not limited to the following:

1. The loaded hourly rates for personnel time, as defined in PMC 1.04.010, in (a) preparing for and attending all inspections, (b) preparing all written reports and memos, (c) preparing for and attending all meetings at which the enforcement actions against the person/property being charged with the expense is the subject, (d) preparing for and attending all official enforcement proceedings, including but not limited to proceedings before and administrative hearing officer or the city council, and (e) preparing for and attending civil or criminal proceedings instituted in state or federal court;

2. The cost of services rendered by third parties such as the preparation of title reports, investigative services, process servers, consulting services (including costs of estimates and appraisals), reproduction services and aerial photography and mapping services; and

3. The expenses involved in the raising, demolishing, removing, rehabilitation, reconstruction, or repair of any building.

C. City Clerk to Set Hearing on Statement of Expenses. The building official shall submit an itemized statement of expenses to the city clerk who shall mail a copy of the statement to the person owning the land and to any holder of any interest of record along with a notice of the time and place when and where the statement shall be submitted to the city council for approval and confirmation.

D. The reasonable attorneys’ fees incurred due to any enforcement proceedings commenced by the city pursuant to this code shall be awarded to the prevailing party. The proceedings shall be considered to have commenced once the initial inspection of the property, which is the subject of the proceeding, has been conducted. If the property against which the enforcement proceeding is pursued is found to be in violation of any part of this code, the city shall be deemed to be the prevailing party. 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. Any award to the city of its attorneys’ fees shall be collectable as a recoverable expense and shall be included in the statement of expense provided for hereunder. [Ord. 04-1221 § 8, 2004; Ord. 793 § 2, 1980; Ord. 766 § 1, 1979.]

15.74.060 Hearing by city council – Statement of expense.

A. At the time fixed for the hearing of the statement of expense, the city council shall consider the statement together with any objections or protests which may be raised by any of the property owners liable to be assessed for the doing of the work and any other interested person, after which by resolution the report as submitted, or as ordered, revised, corrected or modified by the city council, shall be confirmed and adopted.

B. Payment of Expenses. If said statement is not paid within five days after the adoption of the resolution, it shall constitute a lien upon the real property from which the building or structure was removed, and shall be collected as a special assessment against the real property. The resolution shall, further, direct that the city clerk shall file with the auditor of Contra Costa County, the county assessor and tax collector, certified copies of the resolution and the statement adopted therein. The clerk shall direct the auditor to enter the amounts of the charges against the real property described in the statement and resolution as it appears on the current assessment roll. The amount of the charge shall constitute a lien against the real property against which the charges have been imposed. The tax collector shall include the amount of charges on bills for taxes levied against the real property. Thereafter, the amount of the charge shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the city of Pittsburg and shall be subject to the same penalties and interest upon delinquent payment. [Ord. 793 § 3, 1980; Ord. 766 § 1, 1979.]

15.74.070 Contracts, purchase orders and bonds.

Whenever this code provides that the building official is authorized to cause a building, structure, or portion thereof which has been declared to be a public nuisance to be demolished, removed, reconstructed, rehabilitated, or repaired, or to abate any nuisance by appropriate action involving the construction, grading, filling, removal or demolition of any object, such building official is authorized to issue purchase orders or to enter into contracts on behalf of the city with private contractors in accordance with the procedures set forth in such ordinance or ordinances of the city governing the solicitation of bids for purchases and contracts, and such rules and regulations as have been or may be promulgated thereunder. [Ord. 766 § 1, 1979.]

15.74.080 Recordation of certificate – When nuisance is abated.

When the city council has, by resolution, declared that a building is a public nuisance pursuant to this section, and such resolution has been recorded, and thereafter such nuisance is abated by repair, rehabilitation, demolition, relocation, or otherwise, the building official shall prepare and file with the recorder of the county of Contra Costa a certificate stating that such nuisance has been abated and indicating the method of abatement. [Ord. 766 § 1, 1979.]