Alameda Municipal Code § 24-4 Insanitary Buildings

All buildings, structures or parts thereof which are insanitary are hereby declared to be and are nuisances, and may be abated in the manner provided in this section.

(Ord. No. 535 N.S. § 15-721)

a. Whenever the City Manager or his/her designee of this City shall make written complaint that any building, structure or part thereof is in an insanitary condition, the City Manager shall by formal resolution order a hearing or said complaint and fix the time and place therefor. The complaint shall contain general allegations setting forth the conditions complained of.

b. Upon the filing of such complaint, the City Manager shall cause a copy thereof, together with a notice of the time and place set for the hearing thereof, to be served personally upon the owner of the structure, building or part thereof complained of, or his agent, or the lessee or the occupant thereof and shall cause a copy of the complaint, together with the notice of hearing, to be posted in some conspicuous place on the structure. The time fixed for the hearing of the complaint shall not be less than forty-eight (48) hours after the service and posting of the copy of the complaint and the notice. The notice shall require all persons interested to appear at the hearing to show cause, if any they have, why the structure, building or the part thereof complained of should not be declared insanitary.

(Ord. No. 535 N.S. §§ 15-722—15-723; Ord. No. 2533 N.S. § 15-722)

The City Manager upon conclusion of the hearing shall decide upon the facts submitted whether or not the alleged condition constitutes a nuisance under the terms of this section and shall embody the decision in a formal order setting forth its findings.

(Ord. No. 535 N.S. § 15-724)

The City Manager promptly upon his/her determination and finding that the structure, building, or part thereof, complained of is a nuisance, shall deliver a copy of his/her decision to the City Council of the City, and shall also cause a copy thereof to be served personally upon the operator of the structure, building or part thereof, or his/her agent, or the lessee, or the occupant thereof, together with a notice that decision will come before the Council for review at its next regular meeting held thereafter, stating the time and place of the meeting, and shall cause a similar copy of the decision and notice to be posted in some conspicuous place on the structure. At the next regular meeting of the Council hereafter held, or at any subsequent meeting to which action thereon may be by it postponed, the Council shall review the decision of the City Manager and for this purpose may require the attendance of witnesses and the submission to it of testimony upon any issue raised by any interested person respecting the sanitary condition of the structure, building or part thereof by the decision found to be a nuisance; and thereupon the Council shall either affirm or reverse the decision, and the determination of the Council in this regard shall be final. Promptly after such affirmance or reversal by the Council, the City Clerk shall, in writing, notify the City Manager thereof.

(Ord. No. 535 N.S. § 15-725)

In the event that the decision of the City Manager be by the Council reversed, no further action whatever under the decision shall be taken. In the event that the decision of the City Manager be by the Council affirmed, the City Manager shall order the vacation for all purposes of the structure, building or part thereof by it declared to be a nuisance, and shall cause a copy of the order to be posted in a conspicuous place on the aforesaid structure, building, or part thereof, and shall serve a copy of the order upon the owner thereof personally, or upon his/her agent, or upon the lessee, or the occupant thereof. The order shall specify the time within which the structure, building or part thereof so determined to be a nuisance shall be vacated, which shall not be less than forty-eight (48) hours after the personal service of the copy of the order as herein provided.

(Ord. No. 535 N.S. § 15-726)

The City Manager shall give written notification of the order of vacation to the Chief of Police, who shall thereupon through the officers of the Police Department, execute and enforce the order of vacation.

(Ord. No. 535 N.S. § 15-727)

Unless within forty-eight (48) hours after the service of notice to vacate as above provided, the owner, or his agent, or the lessee, or the occupant of the building, structure or part thereof, shall notify the City Manager or his/her designee in writing that he/she shall make or cause to be made such alterations or repairs as in the judgment of the City Manager or his/her designee shall be necessary for the purpose of making the building, structure or part thereof, sanitary, the City Manager or his/her designee shall proceed to abate the same. If the notice be given as aforesaid the City Manager or his/her designee shall grant a reasonable time to make the alterations and repairs. If the alterations and repairs are not made and completed within the time allowed by the City Manager or his/her designee, the City Manager or his/her designee shall cause the abatement of the nuisance and the destruction of the building, structure or part thereof, herein provided, found and determined to be a nuisance.

(Ord. No. 535 N.S. § 15-728; Ord. No. 2533 N.S. § 15-728)

The structure, building or part thereof vacated hereunder shall not be reoccupied without the written permission of the City Manager or his/her designee, but such permission must be granted when within the time allowed as hereinbefore specified the alterations and repairs required to be made by the City Manager or his/her designee shall have been made.

(Ord. No. 535 N.S. § 15-729; Ord. No. 2533 N.S. § 15-729)

Upon the written application therefor of the City Manager or his/her designee, the Council shall allow and order paid out of such fund as the Council may lawfully specify any sums the expenditure of which may be necessary for the enforcement of this section, and the Auditor shall audit and the Treasurer shall pay such sums so allowed and ordered paid, and the amount so expended shall become a lien upon the property upon which said nuisance was abated in accordance with the provisions of this section. And said amount may be recovered by an action against said property or the owner thereof.

(Ord. No. 535 N.S. § 15-7210; Ord. No. 2533 N.S. § 15-7210)