CHAPTER 10
ABATEMENT OF UNSAFE OR DILAPIDATED BUILDINGS
SECTION:
§3300: Unsafe Or Dilapidated Buildings As Nuisances
§3301: May Be Declared Nuisance By Resolution Of Intention To Commence Abatement Proceedings
§3302: Abatement By Repair, Rehabilitation, Demolition, Or Removal
§3303: Notice Of Hearing To Abate Buildings Or Structures By Removal Or Repair
§3304: Posting And Serving Notice And Resolution To Remove Or Repair Building Or Structure
§3305: Form Of Proper Service Of Notice And Resolution On Owner
§3306: Hearing By City Council In Removal Or Repair
§3307: Service On Owner Of Resolution To Abate After Thirty Days
§3308: Record Of Cost For Removal Or Repair; Report
§3309: Report; Hearing On And Proceeding Re
§3310: Assessment Of Costs Against Property; Lien
§3300 UNSAFE OR DILAPIDATED BUILDINGS AS NUISANCES
All buildings or structures which are structurally unsafe, or are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes within the City, which constitute a fire menace or are dangerous to human life, or a likely resort for vagrant or dissolute persons, may be declared a nuisance by the City Council of the City and thereafter abated as herein provided. (Ord. 591, §1, adopted 1967)
§3301 MAY BE DECLARED NUISANCE BY RESOLUTION OF INTENTION TO COMMENCE ABATEMENT PROCEEDINGS
Whenever any such building or buildings, structure or structures exist or are permitted upon any property within the City, the City Council may by resolution declare the same to be a public nuisance; said resolution shall declare the intention of the City Council to commence abatement proceedings as herein provided and shall refer to the street by the name under which it is officially or commonly known and describe the property upon which such nuisance exists by giving the "Street Address and Assessor’s Parcel Number" thereof and no other description of such property shall be required.
The City Clerk shall forward a certified copy of said resolution to the County Recorder of Mendocino County for recordation. (Ord. 591, §1, adopted 1967; amd. by Ord. 839, §1, adopted 1984)
§3302 ABATEMENT BY REPAIR, REHABILITATION, DEMOLITION, OR REMOVAL
All buildings or structures declared to be public nuisances and ordered to be abated, hereby shall be abated by repair, rehabilitation, demolition or removal. (Ord. 591, §1, adopted 1967)
§3303 NOTICE OF HEARING TO ABATE BUILDINGS OR STRUCTURES BY REMOVAL OR REPAIR
After the passage of said resolution, the Building Inspector shall cause to be conspicuously posted on the building or buildings, structure or structures, declared to be a public nuisance, a certified copy of the Resolution of Intention of the City Council of the City, and at least two (2) notices of the time and place of hearing before the City Council, which said notices shall be titled: "NOTICE OF HEARING" in letters of not less than one inch in height and shall be substantially in the following form:
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NOTICE OF HEARING |
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TO ABATE BUILDING OR STRUCTURE |
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BY REMOVAL OR REPAIR |
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Notice is hereby given that the __________ day of _____________________, 19____, the City Council of the City of Ukiah passed a resolution declaring that the certain unsafe or dilapidated building(s) or structure(s) consisting of ____________________ located or standing upon that certain lot, piece or parcel of land situated in the City, County of Mendocino, State of California, known and designated as Number ____________________ Street, in said City and more particularly described as "Street Address and Assessor’s Parcel Number", in said City of Ukiah, and that the same constitutes a public nuisance and must be abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s) otherwise the same will be removed or repaired and the nuisance will be abated by the municipal authorities of the City, in which case the cost of such removal or repair shall be assessed upon the lots and land on which said unsafe or dilapidated building(s) or structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots or land until paid. Reference is hereby made to said resolution for further particulars. |
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All persons having any objection to, or interest in, the proposed removal or repair of such unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the City Council of the City to be held in the City Hall, on the ______ day of ____________________, 19_____, at the hour of ______M., of said day, when their objections will be heard and given due consideration. |
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DATED: This ______ day of ____________________, 19____. |
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______________________ |
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Building Inspector |
(Ord. 591, §1, adopted 1967; amd. by Ord. 839, §1, adopted 1984)
§3304 POSTING AND SERVING NOTICE AND RESOLUTION TO REMOVE OR REPAIR BUILDING OR STRUCTURE
The Building Inspector shall cause to be served upon the owner of each building or structure sought to be removed or repaired one copy of said notice and a certified copy of the Resolution of Intention of the City Council of the City, in accordance with the provisions of §3305.
Said notices and resolutions must be posted and served as aforesaid, at least thirty (30) days before the time fixed for the hearing before the City Council and proof of posting and service of such notices and resolution shall be made by affidavit which shall be filed with the said City Council. (Ord. 591, §1, adopted 1967)
§3305 FORM OF PROPER SERVICE OF NOTICE AND RESOLUTION ON OWNER
Proper service of said notice and resolution shall be by personal service upon the person owing the property as such person’s name and address appears on the last equalized assessment roll, if he is found within the City limits, or if he is not to be found within the City limits, by depositing a copy of said notice and resolution in the U.S. Post Office properly enclosed in a sealed envelope and with the postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner, or if not known, at Ukiah, California. The service is complete at the time of deposit. (Ord. 591, §1, adopted 1967)
§3306 HEARING BY CITY COUNCIL IN REMOVAL OR REPAIR
At the time stated in the notices, the said City Council shall hear and consider all objections or protests, if any, shall receive testimony from owners, witnesses and parties interested relative to the proposed removal or repair of such unsafe or dilapidated buildings or structures, and may continue the hearing from time to time. Upon the conclusion of said hearing, said City Council shall allow or overrule any and all of said objections. If said City Council finds that good and sufficient cause does not exist why said buildings or structures should not be removed or repaired, the City Council by resolution shall order the Director of Public Works to abate said nuisance after a period of thirty (30) days by having the unsafe or dilapidated buildings or structures referred to removed or repaired and he and his authorized representatives are hereby expressly authorized to enter upon private property for that purpose. (Ord. 591, §1, adopted 1967)
§3307 SERVICE ON OWNER OF RESOLUTION TO ABATE AFTER THIRTY DAYS
A copy of said resolution ordering the Director of Public Works to abate said nuisance after thirty (30) days shall be served upon the owner of said property in accordance with the provisions of §3305. Any property owner shall have the right to have any such unsafe or dilapidated buildings or structures removed or repaired at his own expense, provided the same is done prior to the expiration of the thirty (30) days. (Ord. 591, §1, adopted 1967)
§3308 RECORD OF COST FOR REMOVAL OR REPAIR; REPORT
The Director of Public Works shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the City Council showing the cost of repairing, rehabilitating, demolishing or removing said buildings or structures, including any salvage value of such buildings or structures and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five (5) days upon the property upon which such unsafe or dilapidated buildings or structures were situated together with a notice of the time when said report and notice shall be served upon the owner of said property, in accordance with the provisions of §3305, at least five (5) days prior to submitting the same to the Council; proof of said posting and service shall be made by affidavit and filed with the City Clerk of the City.
The term "incidental expenses" shall include, but not be limited to, the expenses and costs of the City in the preparation of notices, specifications and contracts, and inspecting the work, and the costs of printing and mailing required hereunder. (Ord. 591, §1, adopted 1967)
§3309 REPORT; HEARING ON AND PROCEEDING RE
At the date and time fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the director of public works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance and any other interested persons. Thereupon the city council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed, provided that said hearing or consideration may be continued from time to time. The decision of the city council on all protests and objections which may be made, shall be final and conclusive. (Ord. 591, §1, adopted 1967)
§3310 ASSESSMENT OF COSTS AGAINST PROPERTY; LIEN
The amount of the cost for abating such nuisance upon the various lots or parcels of land, as confirmed by the city council shall constitute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessments, respectively. After the confirmation of said report, a copy shall be turned over to each of the assessor and tax collector for the county of Mendocino, whereupon it shall be the duty of said assessor and tax collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency and provided for ordinary municipal taxes. (Ord. 591, §1, adopted 1967)