Chapter 15.56
ALTERNATE PROCEDURES FOR THE ABATEMENT OF DANGEROUS AND UNSAFE BUILDINGS
Sections:
15.56.010 Declaration of nuisance.
15.56.020 Abatement procedure—Resolution of intention.
15.56.030 Abatement procedure—Repair or removal.
15.56.040 Abatement procedure—Notice of hearing.
15.56.050 Notice and resolution—Posting and serving.
15.56.060 Posting and serving procedure.
15.56.070 Hearing—Action by council.
15.56.080 Abatement resolution—Service upon owner.
15.56.090 Abatement—Report of costs.
15.56.010 Declaration of nuisance.
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 buildings 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 and thereafter abated as provided in this chapter. (Ord. 2021-03 § 5 (Exh. B))
15.56.020 Abatement procedure—Resolution of intention.
A. Whenever any such building or buildings, structure or structures as described in Section 15.56.010 exist or are permitted upon any property within the city the city council may by resolution declare the same to be a public nuisance. Such resolution shall declare the intention of the city council to commence abatement proceedings in this chapter, 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 lot and block number thereof. No other description of such property shall be required.
B. The city clerk shall forward a certified copy of the resolution to the county recorder of Yolo County for recordation. (Ord. 2021-03 § 5 (Exh. B))
15.56.030 Abatement procedure—Repair or removal.
All buildings or structure declared to be public nuisances and ordered to be abated shall be abated by repair, rehabilitation, demolition or removal. (Ord. 2021-03 § 5 (Exh. B))
15.56.040 Abatement procedure—Notice of hearing.
After the passage of the resolution described in Section 15.56.020, the city manager shall cause to be conspicuously posted on the building or buildings, structure or structures which are declared to a public nuisance, a copy of the resolution of intention of the city council, which notices shall be titled: “NOTICE OF HEARING” in the following form:
NOTICE OF HEARING TO ABATE BUILDING OR STRUCTURE BY REMOVAL OR REPAIR
Notice is hereby given that on the day of_________ 20__, the City Council of the City of Winters 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 of Winters, County of Yolo, State of California, known and designated as Number ________________Street, in said City and more particularly described as Lot No. _______, Block No. ______, in said City of Winters, 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 of Winters, in which are the cost of such removal or repair shall be assessed upon the lots and land on which said unsafe or dilapidated building(s) or structures(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.
All person 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 of Winters at the hour of____m. of said day, when their objections will be heard and given due consideration.
Dated this ____ day of_____________ 20__.
____________________
City Manager
(Ord. 2021-03 § 5 (Exh. B))
15.56.050 Notice and resolution—Posting and serving.
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 the notice and a copy of the resolution of intention of the city council in accordance with the provisions of this section.
Such notices and resolutions must be posted and served as aforesaid at least twenty (20) days before the time fixed for the hearing before the city council. Proof of posting and service of such notices and resolutions shall be made by affidavit, which shall be filed with the city clerk. (Ord. 2021-03 § 5 (Exh. B))
15.56.060 Posting and serving procedure.
Proper service of such notice and resolution shall be by personal service upon the person owning the property as such person’s name and address appears on the last equalized assessment roll, if the person is found within the city limits, or if person is not to be found within the city limits, by depositing a copy of the notice and resolution in the U.S. Post Office, properly enclosed in a sealed envelope and with the postage thereon fully prepaid. Such mail shall be registered or certified and addressed to the owner at the last known address of the owner, or if not known, at Winters, California. The service is complete at the time of deposit. (Ord. 2021-03 § 5 (Exh. B))
15.56.070 Hearing—Action by council.
At the time stated in the notices, the 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 unsafe or dilapidated buildings or structures, and may continue the hearing from time to time. Upon the conclusion of such hearing, the city council shall allow or overrule any and all of such objections. If the city council finds that good and sufficient cause does not exist why such building(s) or structure(s) should not be removed or repaired, the city council may by resolution order the building inspector to abate such nuisance after a period of thirty (30) days, by having the unsafe or dilapidated building(s) or structures(s) removed or repaired. The building inspector or representatives are expressly authorized to enter upon private property for that purpose. (Ord. 2021-03 § 5 (Exh. B))
15.56.080 Abatement resolution—Service upon owner.
A copy of the resolution ordering the city manager to abate such nuisance after thirty (30) days shall be served upon the owner of such property in accordance with the provisions of Section 15.56.060. Any property owner shall have the right to have any such unsafe or dilapidated building(s) or structure(s) removed or repaired at owner’s own expense, provided the same is done prior to the expiration of the thirty (30) days. Under extenuating circumstances, the council may grant additional time for removal or repair. (Ord. 2021-03 § 5 (Exh. B))
15.56.090 Abatement—Report of costs.
A. The building inspector 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 such buildings or structures, including any salvage value of such buildings or structures and incidental expenses, on each separate lot or parcel of land. Before the report is submitted to the city council, a copy of the same shall be posted for at least five days upon the property upon which such unsafe or dilapidated buildings or structures were situated, together with a notice of the time when the report is to be submitted to the city council for confirmation. A copy of the report and notice shall be served upon the owner of the property, in accordance with the provisions of Section 15.56.060, at least five days prior to submitting the same to the council. Proof of the posting and service shall be made by affidavit and filed with the city clerk.
B. 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, in inspecting the work, and in the printing and mailing required under this chapter. (Ord. 2021-03 § 5 (Exh. B))