Chapter 15.28 — ABATEMENT PROCEDURE Article I - General

It is the purpose of the provisions of this chapter to develop an equitable and practicable alternative method, to be cumulative with and in addition to, any other remedy available at law, whereby substandard property which endangers the health, property, safety, or welfare of the public or its occupants, may be required to be abated.

(Prior gen. code § 7-100)

"Abatement" includes but is not limited to demolition, removal, repair, vacation, maintenance, construction, replacement, reconditioning of structures, buildings, appliances or equipment; and to the correction or elimination of any substandard condition upon substandard property.

"Clerk," unless otherwise specified, refers to the clerk of the board of supervisors.

"Demolish" or "demolition" as used in this chapter includes the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandonment of

sewer or other waste disposal facilities as may be required by this code or other ordinance or laws.

"Enforcement official" or his designee means that person authorized to administer the provisions of this chapter as follows:

1.

The county health officer or director of the environmental health division for enforcing statutes, quarantine and other regulations, rules, orders, and ordinances pertaining to the public health;

2.

The building official for matters regulated by Title 15;

3.

The chief of the Alameda County fire patrol for matters regulated by Chapter 6.04, Title 6 and by Chapter 6.44 of Title 6 with respect to the unincorporated territory situated outside any fire protection district;

4.

The chief of a fire protection district for matters regulated by Chapter 6.04 and by Chapter 6.44 within a county fire protection district;

5.

The planning director or designee for matters regulated by Title 17, including but not limited to wind energy conversion systems.

Hearing Officer. The hearing officer authorized to conduct hearings under this chapter or his or her designee shall be as follows:

1.

The county health officer in proceedings initiated by the director of the environmental health division;

2.

The director of public works in proceedings initiated by the building official;

3.

The county fire warden in proceedings initiated by the chief of the county fire patrol;

4.

The chief of a fire protection district for matters regulated by Chapter 2, Title 3 and by Article 12, Chapter 6 of Title 3 within a county fire protection district;

The planning director or designee for matters regulated by Title 17, including but not limited to wind energy conversion systems.

"Party-concerned" as used in this chapter means the person, if any in real or apparent charge and control of the substandard property, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to such property. As used in this paragraph all reference to "record" means matters of record in the office of the county recorder of this county which definitely and specifically describes the premises involved.

However, in the case of the abatement of nuisances specified in Section 6.44.010 et seq. (hazardous weeds and litter), the "party concerned" may be limited to the record owner and the person in actual or apparent control of the substandard property.

Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code or whenever the enforcement official or hearing officer has reasonable cause to believe that a violation of this code exists in any building or any premises, or there exists in any building or upon any premises any condition which makes the building or premises dangerous, substandard, unsanitary, or a menace to life, health or property, he may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by law, ordinance, rule, or regulation; provided that if such building or premises is occupied, he shall first present proper credentials and demand entry. If such entry is refused, the enforcement official shall have recourse to every remedy provided by law to secure entry, specifically as provided in code of Civil Procedures Sections 1822.50 et seq.

Substandard conditions shall include but are not limited to the following:

1.

An existing building, structure, electrical, plumbing or mechanical installation or portion thereof which is dangerous as defined in Section 15.04.060, which is substandard as defined in Section 15.04.070, or which is illegal as defined in Section 15.04.080;

2.

The existence of a fly nuisance or waste which has been allowed to become a harborage, attractment or food source for rodents or has caused unreasonable production of odors resulting in the depreciation of adjacent property or comfortable enjoyment of life thereon, as defined in Chapter 6.32 of Title 6; or the existence of other unsanitary conditions as defined in Chapter 6.40 of Title 6;

3.

The existence of a fire hazard as defined in Chapter 6.04 of Title 6, or of hazardous weeds as defined in Chapter 6.44 of Title 6;

4.

The existence of any other condition to an extent that endangers the life, limb, health, property, safety, or welfare of any person.

The term "substandard property" shall include any building, structure or land upon which substandard conditions exist.

(Ord. 2000-14 § 1, 1999; prior gen. code §§ 7-100.1—7-100.9)