Alameda County Municipal Code Art. II Requirements

Whenever the enforcement official determines by inspection that any existing building or portion thereof, or any lot or other premises, is substandard property, as defined in this chapter, such building or premises, or both, are hereby declared a public nuisance, and the enforcement official may order the abatement of the nuisance by demolition, repair or rehabilitation of the substandard building or portion thereof or at the option of the party concerned by demolition thereof. The order also may require that the building be vacated. If the premises are substandard the enforcement official also may order that the substandard conditions be removed.

(Prior gen. code § 7-100.10)

When the enforcement official has so found, in addition to any notices hereafter required by this chapter, he may give to the occupants of the substandard property, and to any other person whom he deems should be so notified, information concerning the provisions of this chapter, any violation thereof, how the person notified may comply and any other information as he deems expedient. He may post such information on the substandard property.

(Prior gen. code § 7-100.11)

A. If, in the opinion of the enforcement official, the property is found to be substandard, the enforcement official may give to the party concerned written notice thereof.

B. The notice shall set forth the street address and a legal description or the county assessor's designation of the premises, contain a concise but complete description of the facts constituting the public nuisance with reference to applicable code sections; and the proposed method of abatement.

C. The notice may require the owner or person in charge of the substandard property to complete the required abatement of the substandard conditions within thirty (30) days, or such other time limit as the enforcement official may stipulate; and shall direct them to appear before the hearing officer at a stated time and place and show cause why such substandard property should not be condemned as a nuisance and said nuisance be abated as herein provided.

D. The notice shall advise the owner or person in charge or control of the building, structure or premises, and all interested persons, that failure to appear at the hearing may be deemed an admission by him of the acts or omissions charged in the notice, and that the hearing officer may order abatement solely based upon the notice and the admission of the content thereof; or

E. Exception. Whenever substandard property or portion thereof constitutes an immediate hazard to health or property, and in the opinion of the enforcement official the conditions are such that repairs or demolition or other work necessary to abate the hazard must be undertaken sooner than provided by the procedures set forth in this chapter, he may make such alterations or repairs, or cause such other work to be done to the extent necessary to abate the substandard condition and protect health or property, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever, when, in his opinion, immediate action is necessary.

(Prior gen. code § 7-100.12)

A. A copy of the notice shall be posted in a conspicuous place upon the building or structure or otherwise on the substandard property which is the subject of the proceeding.

B. Service of the notice upon the party concerned shall be by personal service, by registered or certified mail. However, in the case of the abatement of a nuisance specified in Sections 6.44.010 et seq., (hazardous weeds and litter), notice may be served by regular mail. Service by mail shall be effective on the date of mailing, postage prepaid, to each person at his or her address as it appears on the last equalized assessment roll, or as known to the enforcement official. If no such address so appears, or is not known, then the notice shall be mailed to such person at the address of the building, structure, or premises involved in the proceedings. The failure of any owner or other person to receive mailed notice shall not affect in any manner the validity of any proceedings taken hereunder. An affidavit of service shall be filed, together with a copy of said notice, in the proceedings, certifying the time and manner in which such notice was served.

C. The notice of hearing shall be posted and served at least five days prior to the date set for hearing.

(Prior gen. code § 7-100.13)

The enforcement official may file with the county recorder a declaration that substandard property has been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. After the enforcement official finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the county, or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, or when the enforcement official's jurisdiction has been preempted by government acquisition of the property, he shall record in the office of the county recorder a document terminating the above declaration.

(Prior gen. code § 7-100.14)

The hearing officer shall conduct the abatement hearing subject to the following:

A. The enforcement official shall present competent evidence that the subject property falls within the definition of public nuisance; as to the method reasonably to correct the nuisance; and as to such other matters deemed pertinent by the hearing officer.

B. The parties to the abatement hearing shall be entitled to be represented by counsel.

C. The hearing shall be conducted in an impartial and informal manner in order to encourage free and open discussion by participants.

D. All testimony shall be submitted under oath or affirmation and shall be subject to cross-examination.

E. The hearing officer shall not be bound by the rules of evidence applicable in judicial proceedings.

F. The proceedings at the hearing shall be reported by a phonographic reporter or otherwise perpetuated by electronic means; or in lieu thereof stenographic notes may be taken and the substance thereof subsequently transcribed.

G. The decision of the hearing officer shall be in writing and shall be final. However, the aggrieved party may appeal such decisions, excepting those relating to hazardous weeds and litter, by filing a written notice of appeal with the hearing officer within five days after service of the order of abatement pursuant to Section 15.28.100E. The appeal shall be heard by the board of supervisors which may affirm, amend or reverse the decision or take other action deemed appropriate.

H. Any judicial action to modify or set aside the final decision shall be commenced no later than thirty (30) days after the completion and exhaustion of the foregoing administrative procedures.

(Prior gen. code § 7-100.15)

The following standards shall be followed in substance by the hearing officer in determining what, if any, form of abatement shall be ordered.

A. Any order to demolish may initiate an alternative permission to repair and an order to repair may be satisfied by demolition.

B. If the condition can be reasonably repaired so that it will no longer exist in violation of this code, it shall be ordered repaired.

C. If the condition renders the building or structure dangerous to the health, safety, or general welfare of its occupants, it shall be ordered vacated.

D. In any case where a dangerous building or structure is more than fifty (50) percent damaged, or decayed or deteriorated, it may be demolished.

E. In all cases where a substandard condition cannot reasonably be repaired so that it will no longer exist in violation of this code, it may be demolished or removed.

(Prior gen. code § 7-100.16)

A. Within thirty (30) days after the conclusion of the hearing the hearing officer shall render his or her decision, either terminating the proceedings, or if he or she finds that the substandard property is a public nuisance ordering that it be abated.

B. The order of abatement shall set forth the street address of the substandard property and a legal description or the county assessor's designation of the premises sufficient for identification. It shall contain a statement of the particulars of the condition or conditions which render the building, structure or premises a public nuisance, and a statement of the work required to abate the nuisance. Reference may be made to the notice of hearing for such statement of particulars with any appropriate modification thereof.

C. The order shall specify the dates to commence and complete the work of abatement.

D. The time to commence or complete the work may be extended for good cause upon written application.

E. A copy of the order of abatement shall be posted in a conspicuous place upon the building or structure or otherwise upon the substandard property and shall be served in the manner prescribed for the service of notice of hearing.

F. In the case of the abatement of a nuisance specified in Sections 6.44.010 et seq. (hazardous weeds and litter), the hearing officer may elect to serve the order of abatement upon the party concerned either by (1) oral pronouncement to those present at the close of the hearing, (2) writing delivered personally or by mail, (3) posting the property, or (4) any combination of the foregoing. The hearing officer is not required to give notice of the abatement order to a party concerned who was given notice of hearing but did not attend the hearing.

(Prior gen. code § 7-100.17)

A. Any person having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the enforcement official does so, but if such person does such work after the time specified in the last order of the hearing officer, all costs incurred by the county or district in preparation for the doing of such work are chargeable to the property and shall be collected as hereinafter provided.

B. If the order of the hearing officer is not complied with within the period designated, the enforcement official may then demolish the substandard building or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard upon the substandard property and other substandard conditions, determined to exist by the hearing officer.

C. Where the proceedings pertain to hazardous weeds and litter (Sections 3-150.0 et seq.) and the notice to abate within a specified time or to appear for a show cause hearing on a certain date is given by the enforcement official, the hearing officer may determine to proceed with abatement on the day following the date fixed for the hearing or, if the matter has been continued by the hearing officer, the day following the conclusion thereof, and the enforcement official shall acquire jurisdiction to abate said condition at said person's expense as herein provided. Any property owner or responsible person shall have the right to abate said condition himself, or have the same abated at his own expense, provided such condition has been abated prior to the arrival of the enforcement official or his authorized representatives.

D. When in the opinion of the enforcement official substandard property or portion thereof is an immediate hazard to health or property, and the abatement of such hazard requires prompt action, the enforcement official may then abate the substandard condition or may cause such other work to be done to the extent necessary to eliminate the hazard as provided in Section 15.28.050E and without amendment to the order of abatement.

E. The enforcement official may cause the material of any building or structure ordered to be demolished to be sold. The sale shall include stipulations that the building or structure be forthwith demolished, the wreckage, and debris removed and the lot cleaned. The enforcement official may sell any such building single or otherwise, as he may deem appropriate in order to insure that the consideration obtained from one or more buildings shall be adequate to pay the cost of demolition and cleaning the site. Any surplus from the sale of any such building or structure, or group of buildings or structures, over and above the cost of demolition and cleaning the site shall be distributed to persons lawfully entitled thereto. Any work of abatement performed by the enforcement official shall be accomplished in accordance with appropriate procedures applicable to the county or fire district.

(Prior gen. code § 7-100.18)

A. A person shall not obstruct, impede, or interfere with the enforcement official or his representative or with any person who owns or holds any interest or estate in a substandard building or substandard property which has been ordered by the hearing officer to be abated or which is abated under Section 15.28.050E, whenever the enforcement official or such owner is engaged in barricading, repairing, vacating and repairing, or demolishing any such substandard building or removing any substandard conditions from substandard property pursuant to this chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto. Any violation hereof is a misdemeanor.

B. If the owner or person in control of the substandard property shall fail, neglect, or refuse to comply with any order of the hearing officer, he shall be guilty of a misdemeanor.

C. The occupant or lessee in possession or other person in control of a substandard building, who fails to vacate said building in accordance with any order of abatement issued by the enforcement official or hearing officer, shall be guilty of a misdemeanor.

D. Any person who removes any notice or order posted as required or permitted by chapter shall be guilty of a misdemeanor.

(Prior gen. code § 7-100.19)

A. The board of supervisors may set up a special revolving fund to be designated as the abatement fund. Payments shall be made out of said fund to defray the costs and expenses of abatement.

B. The board of supervisors may at any time transfer to such special fund, out of any money in the general fund of said county, such sums as it say deem necessary in order to expedite the performance of the work of abatement, and the sum so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessments. All funds so collected under the assessment proceedings shall be paid when collected to the county treasurer who shall place the same in the abatement fund.

C. Funds collected for the purpose of abating inoperable and/or abandoned wind energy turbines shall be placed in an interest-bearing escrow account with the community development agency, and shall be managed as follows:

1. Deposits required pursuant to Section 15.04.370 shall be paid at the time a building permit is issued. The deposit is a one-time deposit for each wind turbine;

2. The cash performance deposit shall be deposited in an interest bearing escrow account;

3. Each deposit shall be recorded as being paid by a specific permittee for a specific turbine or group of turbines on a specific property;

4. Funds accumulated in the escrow account may be withdrawn by the planning director by written request to the escrow account agent stating that abatement is necessary due to abandonment, for the sole purpose of turbine removal and site restoration, plus reasonable overhead charges. Aggregated funds in the escrow account may be used for the removal of any wind turbine in the Altamont Pass, regardless of the source of the funds, turbine or land ownership, permit status, or other factors;

5. No liability shall be incurred by the county or escrow agent for withdrawal of funds so long as the appropriate abatement/abandonment statement is filed;

6. Upon filing the order of abatement, funds in the amount specified by the planning director shall be immediately delivered to the planning director for turbine removal and site restoration;

7. Any funds recovered from salvage of dismantled turbines shall first be applied to cover the cost of abatement of the specific turbines in question; any remaining amount of salvage value shall be applied to the escrow account for future use; reasonable efforts shall be made by Alameda County to maximize the amount of salvage value;

8. Deposited funds shall be refunded to the permittee upon written request to the planning director, with adequate supporting documentation showing that specific permitted turbine(s) either were never installed or have been fully removed and the site restored. Upon the granting of such a request, the applicable conditional use permit or portion thereof shall be rescinded and the permittee shall forfeit any rights to install turbines pursuant to it;

9. The escrow agent, trust company, or county offices shall be entitled to reasonable management fees to administer the terms of the escrow agreement.

(Ord. 2000-14 § 3, 1999; prior gen. code § 7-100.20)

The appropriate enforcement official shall keep an itemized account of the costs involved in the abatement of any substandard condition. Upon completion of the abatement, the enforcement official shall prepare and file with the clerk a report specifying the work done, the cost of the work, a description of the real property upon which the substandard condition was or is located, the names and addresses of the parties concerned, and the assessment against each lot or parcel proposed to be levied to pay the cost of abatement thereof. Fees to cover the administrative costs of abatement shall be added to the assessment. Such fees shall be as provided by resolution of the board of supervisors.

(Prior gen. code § 7-100.21)