Chapter 15.48
ALTERNATE PROCEDURE FOR ABATEMENT OF DANGEROUS OR UNSAFE BUILDINGS*
Sections:
15.48.010 Alternate procedure authorized.
15.48.020 Inspection and notice to repair.
15.48.030 Tenant notification.
15.48.060 Original materials allowed.
15.48.070 Notice of hearing before city council.
15.48.080 City council finding of nuisance.
15.48.090 Time to bring action.
15.48.100 Abatement by building official.
15.48.110 Hearing by city council—Statement of expense.
15.48.120 Contracts and purchase orders.
15.48.130 Recordation of certificate when nuisance is abated.
* Prior ordinance history: Ordinance 82-011.
15.48.010 Alternate procedure authorized.
A. The abatement procedures described in this chapter shall be an alternative to the abatement procedures set forth in the Uniform Building Code or any other applicable uniform code, Chapter 8.02 of the Municipal Code, or any other civil, criminal or administrative enforcement tool authorized by law. The procedures for abatement contained in this chapter repeat and implement the procedures set forth in Article 6 of Title 25 of the California Code of Regulations, and are determined to be equivalent to such procedures for the purpose intended therein.
B. All buildings or structures which are deemed to be substandard, unsafe or dangerous buildings by the building official pursuant to Section 17920.3 of the California Health and Safety Code and 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 as set forth in this chapter.
C. Wherever in this chapter the term “building official” is used, it shall be deemed to include any comparable position designed to fulfill the responsibilities of the building official, and any designees of the building official or such other position. (Ord. 2000-002 § 1 (part), 2000)
15.48.020 Inspection and notice to repair.
A. Preliminary Title Report. To commence proceedings under this chapter, the building official shall examine or cause to be examined every building or structure or portion thereof reported dangerous, damaged or substandard. 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, mortgagees, beneficiaries, and other holders of deeds of trust.
B. Initial Notice to Abate Substandard Building. The building official shall serve upon each such person, by certified or registered mail, postage prepaid, return receipt requested, a written “Notice to Abate Substandard Building” stating the conditions rendering the building unfit for human habitation, listing defects of the building or structure and ordering correction by repair or demolition within thirty days. If in the opinion of the building official the conditions can be abated by repair, the notice shall state the required repairs. The notice shall be sent in substantially the following form:
NOTICE TO OWNER TO ABATE SUBSTANDARD BUILDING
The building located at ________ has been determined to be a substandard building and public nuisance in violation of state law. You are hereby ORDERED to abate such nuisance within thirty (30) days by either repairing the violations and substandard conditions, as indicated on the attached inspection report, or by obtaining a demolition permit and demolishing the building. You must choose whether to repair or demolish the building and inform the City in writing as to such choice. You must submit for City approval a reasonable and feasible schedule for expeditious repair or demolition. If a) you do not make a timely choice of repair or demolition, or b) the repair work is not done as scheduled, or c) you select an option which cannot be completed in a reasonable period of time, as determined by the building official, a hearing will be scheduled before the City Council at which time the City Council may order that the building be demolished and all costs of abatement will be made a lien on the property. In the absence of facts submitted by you in writing, it is presumed that 30 days is an adequate and reasonable period of time to complete abatement of the nuisance. Please call the undersigned for review of your abatement plan.
In accordance with Sections 17274 and 24436.5 of the state Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the prior year if you fail to timely abate this nuisance.
This notice is sent under the authority of Title 25, Article 6 of the California Code of Regulations, and Chapter 15.48 of the San Pablo Municipal Code.
(If vacation is ordered, add the following paragraph:)
NOTICE TO VACATE
The building official of the City of San Pablo has further found this building to be unsafe and unfit for continued human occupancy, and that this fact outweighs the needs for housing expressed in the city’s housing element. This building or structure must be vacated not later than ________. Continued occupancy beyond such date is unlawful and constitutes an infraction. Notice is being sent to all tenants.
C. Service of Notice. The notice shall be sent to each such person at his or her 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 that fact shall be stated in the notice and 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, and at the county seat. Service by certified mail shall be effective on the date of mailing. An affidavit of service and posting, and any receipt card, shall be filed. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of the proceedings taken hereunder.
D. Posting and Recordation of Notice. The building official shall cause at least one copy of the notice to be posted conspicuously on the building, structure or portion thereof alleged to be unsafe. The building official shall also file a copy of such notice declaring a building or portion thereof to be a public nuisance with the recorder of Contra Costa County. (Ord. 2000-002 § 1 (part), 2000)
15.48.030 Tenant notification.
Tenants in a residential building shall be provided notice of any notice, order or permit under this chapter. The notice may be provided either by first-class mail to each affected residential unit, or by posting a copy of the notice, order or permit in a prominent place on the affected residential unit, at the discretion of the building official. (Ord. 2000-002 § 1 (part), 2000)
15.48.040 No tax deductions.
Each notice under this chapter shall advise that, in accordance with Sections 17274 and 24436.5 of the state Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year. (Ord. 2000-002 § 1 (part), 2000)
15.48.050 Notice to vacate.
A. If the building or structure is occupied, and the building official finds, after having considered the need for housing as expressed in the city’s housing element, 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 thirty 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 beyond the date of the notice, and that further occupancy of the building or structure beyond the date required for vacancy is unlawful and constitutes an infraction. 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:
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NOTICE TO VACATE |
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The building official of the City of San Pablo has found this building to be unsafe and unfit for continued human occupancy, and that this fact outweighs the needs for housing expressed in the city’s housing element. 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. |
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DATE:____________ |
_________________ |
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Building Official |
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City of San Pablo |
B. 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) between the hours of 8:00 a.m. and 5:00 p.m. only, to repair, demolish or remove such building under permit; 2) by the building official or duly authorized representative for purposes of inspection; and 3) after any required repairs have been completed and a certificate of occupancy has been issued. This time period allowed for entry may be extended for good cause with the written permission of the city building official or code enforcement officer.
C. No person shall remove or deface any notice posted pursuant to this section until the required repairs, demolition or removal have been completed and a certificate of occupancy is issued.
D. Proof of service of notices shall be certified to at the time of service 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 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.
E. Violation of any provision of this section shall be a misdemeanor; provided, however, that the violation may be filed or reduced to, an infraction in the interests of justice by the city attorney. (Ord. 03-007 § 1 (part), 2003: Ord. 2000-002 § 1 (part), 2000)
15.48.060 Original materials allowed.
In conformance with Health and Safety Code Section 17922, the building official shall permit the replacement, retention and extension of original materials and the continued use of original methods of construction as long as the hotel, lodging house, motel, apartment house or dwelling, or portions thereof, or building and structure accessory thereto, complies with the provisions published in the state Buildings Standards Code and the other rules and regulations of the department or alternative local standards adopted pursuant to subdivision (b) of Section 17920.7 or 17958.5 of the California Health and Safety Code, and does not become or continue to be a substandard building. (Ord. 2000-002 § 1 (part), 2000)
15.48.070 Notice of hearing before city council.
If the owner of the building or structure does not comply with the notice prescribed by Section 15.48.020 by making a timely choice between demolition and repair, and by commencing and completing the required work within the time allowed, or make such other arrangement as may be satisfactory to the building official, the building official shall set a date with the city clerk and have the following notice, or one substantially similar, sent by certified mail, postage prepaid, return receipt requested, to the owner, as well as a mortgage holder, deed of trust holder, beneficiary, 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 Section 15.48.020. The notice shall be posted and an affidavit of posting and mailing shall be filed. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of the proceedings taken pursuant to the notice. The cost of the 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 that are to be charged to the owner as set forth in this section. The heading of the following notice shall be in letters at least three-fourths of an inch high.
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NOTICE TO ABATE NUISANCE |
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The owner of the building situated at ________ is hereby notified to appear before the City Council of the City of San Pablo at its meeting to be held ________ , 20__, at the Council Chambers, 1000 Gateway Avenue, San Pablo, CA at the hours of ________ or as soon thereafter as the item may be heard and shall show cause, if any, 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 the building, or by rehabilitation and repair of the (building) (portion of the building), and charging the costs to the owner. |
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DATE:____________ |
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Building Official |
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By:_____________ |
(Ord. 2020-004 § 9, 2020; Ord. 2000-002 § 1 (part), 2000)
15.48.080 City council finding of nuisance.
A. At the time fixed on the notice, the city council shall proceed to swear all witnesses and hear the testimony of the building official and his or her assistants and the testimony of the owner or representatives, and other competent persons who may be present and desire to testify respecting the condition of the building, the estimated cost of its reconstruction, repair or removal, and any other matter which the city council may deem pertinent thereto. In determining whether to order demolition, the city council shall consider the need for housing as expressed in the city’s housing element, and shall give preference to repair of the building if it is economically feasible to do so without having to repair more than seventy-five percent of the dwelling, as determined by the building official.
B. Upon the conclusion of the hearing, the city council may by resolution declare its findings and, in the event it so concludes, may declare the building or the pertinent portion thereof to be a public nuisance and direct the owner to obtain the proper permits and abate the nuisance within thirty days after the date of posting on the premises of a notice of adoption of the resolution and a copy thereof. The notice and resolution shall be conspicuously posted as soon as possible after its adoption. The abatement shall be accomplished by having the building or pertinent portion thereof properly reconstructed or repaired, or by having the building or pertinent portion thereof demolished or removed.
C. The city council may extend the thirty day period upon substantial evidence submitted by the owner that it has not had a reasonable time to choose whether to repair or demolish, or a reasonable opportunity to do so.
D. Such resolution shall state that it was adopted under the authority of Title 25, Article 6 of the California Code of Regulations, and Chapter 15.48 of the San Pablo Municipal Code and, further, shall notify the owner that if the nuisance is not abated, the building or pertinent portion thereof will be demolished or removed by the city, and that the expenses thereof and of safely securing the property shall be assessed against the property, and made a lien on the lot where the building or pertinent portion thereof is located.
E. 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.
F. 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 Contra Costa County. (Ord. 2000-002 § 1 (part), 2000)
15.48.090 Time to bring action.
Any owner or other interested person having any objections, or feeling aggrieved at any proceedings taken by the city or city council in ordering abatement, must bring an action in a court of competent jurisdiction within thirty days after the date of posting on the premises of a notice of passage of the resolution declaring the nuisance to exist, to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived. (Ord. 2000-002 § 1 (part), 2000)
15.48.100 Abatement by building official.
A. In the event the owner does not obtain the proper permits and abate the nuisance located on the identified site within the time prescribed, the building official is authorized to raze, demolish and remove 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 or her direction or supervision, or pursuant to purchase order or contract as prescribed in Section 15.48.120.
B. Account of Expenses by Building Official. The building official shall keep and verify an itemized account showing the reasonable gross and net expenses involved in the abatement of any building.
C. City Clerk to Set Hearing on Statement of Expenses. The building official shall submit the statement of expenses to the city clerk, who shall send by certified 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. Such notice and statement shall also be posted on the property. (Ord. 2000-002 § 1 (part), 2000)
15.48.110 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 the 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 direct that the city clerk file with the auditor, assessor and tax collector of Contra Costa County, a notice of lien and, if necessary, 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 special assessment and 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 by the county in the same manner and with the same parity as state, county and municipal taxes and shall be subject to the same penalties and interest upon delinquent payment. (Ord. 2000-002 § 1 (part), 2000)
15.48.120 Contracts and purchase orders.
Upon declaration of a public nuisance and adoption of a resolution ordering abatement, the 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. 2000-002 § 1 (part), 2000)
15.48.130 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 chapter, 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 Contra Costa County, a certificate stating that such nuisance has been abated, and indicating the method of abatement. (Ord. 2000-002 § 1 (part), 2000)
15.48.140 No duty to enforce.
Nothing in this chapter shall be construed as requiring the city to enforce the prohibitions in this chapter against any or all properties which may violate this ordinance. The city envisions that the ordinance codified in this chapter may be enforced, in the city’s prosecutorial discretion, only as to a limited number of problem properties, as resources permit. Nothing in this section or the absence of any similar provision from any other city law shall be construed to impose a duty on the city to enforce such other provision of law. (Ord. 2000-002 § 1 (part), 2000)