Anderson Municipal Code Ch. 15.07 Administrative Penalty on Owners of Long-Term Boarded and Vacant…

A. Boarded Building. For the purposes of this chapter, the term "boarded building" means a building whose doors and windows have been secured with plywood or other material for the purpose of preventing entry into the building by persons or animals.

B. Vacant Building. For the purposes of this chapter, the term "vacant building" means a building which is without a resident or occupant or which is not being put to a lawful commercial or industrial use.

(Ord. 637 § 2 (part), 1995)

A. The owner of any boarded building, whether boarded by voluntary action of the owner or as a result of enforcement activity by the city, shall cause the boarded building to be repaired and rehabilitated for occupancy within one hundred twenty days after the building is boarded.

B. No owner shall allow a vacant building to stand vacant for more than one hundred twenty days, unless one of the following applies:

1. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation;

2. The building meets all codes, is ready for occupancy, and is actively being offered for sale, lease or rent; or

3. The director of public works, or his or her designee, determines that the building does not contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:

a. Maintenance of landscaping and plant materials in healthy, growing condition,

b. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition,

c. Regular removal of all exterior trash, debris and graffiti,

d. Maintenance of the building in continuing compliance with all applicable codes and regulations,

e. Prevention of criminal activity on the premises, including but not limited to use and sale of controlled substances, prostitution and criminal street gang activity.

(Ord. 637 § 2 (part), 1995)

A. Any owner of a boarded building which remains boarded in violation of Section 15.07.020(A) or any owner of a building which remains vacant in violation of Section 15.07.020(B) shall be liable for an administrative penalty in an amount not to exceed one thousand dollars for each such building.

B. Only one administrative penalty may be imposed per building in any calendar year.

C. In the event a building for which an administrative penalty has been previously imposed is found in violation of either Sections 15.07.020(A) or 15.07.020(B) in a subsequent calendar year, a subsequent administrative penalty may be imposed upon the owner of the building in an amount not to exceed five thousand dollars for each such building.

(Ord. 637 § 2 (part), 1995)

An administrative penalty may be imposed by the designated hearing examiner upon the recommendation of the director of public works, or his or her designee, after the owner has been afforded the opportunity for a hearing. The hearing shall be conducted in accordance with the provisions of Sections 15.07.050 through 15.07.180.

(Ord. 637 § 2 (part), 1995)

Whenever the director of public works, or his/her designee, has inspected or caused to be inspected any building and has determined that such premises are in violation of Section 15.07.020, he/she shall commence proceedings for assessment of an administrative penalty as provided herein.

(Ord. 637 § 2 (part), 1995)

A. The director of public works, or his or her designee, shall issue a notice of hearing to all holders of recorded legal or equitable interests in the premises. The notice shall contain:

1. The street address and such other designation as is required to identify the premises;

2. A statement specifying the conditions which constitute a violation of this chapter;

3. An order to the owner to appear before a hearing examiner at a stated time, but in no event less than twenty calendar days after having mailed such notice, to show cause why an administrative penalty should not be assessed in accordance with this chapter;

4. A statement advising the owner that he/she has the option of voluntarily correcting the condition(s) which violate the provisions of this code prior to the date set for hearing. If the owner chooses to correct the conditions, the corrections must be completed prior to the hearing date. The owner must advise the director of public works in writing that he/she will correct the conditions and the date of completion. The director of public works, or his/her designee, will inspect the premises on the completion date, and if the conditions have been corrected, the hearing will be taken off calendar. The owner may request a continuance of the hearing pursuant to Section 15.07.100 in order to comply, but in no event shall any continuance exceed sixty days.

B. The hearing notice, and any amended or supplemental notice, shall be served either by personal delivery or by certified return receipt mailing upon the record owner at his/her address as it appears on the latest equalized assessment roll of Shasta County. A copy of this notice and any amended or supplemental notice shall also be posted on the building.

1. In lieu of personally serving the owner or service by certified mailing, the notice of any amended or supplemental notice may be served as follows:

a. In lieu of personal delivery or certified mailing of the notice, a notice or any amended or supplemental notice may be served by leaving a copy during usual office hours at the owner(s)' office, and thereafter mailing by first-class mail a copy of the notice to the owner(s) at the address where the copy of the notice was left and the address as it appears on the latest equalized assessment roll of Shasta County. Or, a notice or any amended or supplemental notice may be served by leaving a copy at the owner's dwelling, usual place of abode, or usual place of business with a competent member of the household or a person apparently in charge of his/her office or place of business, at least eighteen years of age, and thereafter mailing, by first-class mail a copy of the notice to the owner at the address where the copy was left and the address as it appears on the latest equalized assessment roll of Shasta County.

b. In the event the owner cannot be personally served and has a property manager or rental agency overseeing the building, substituted service may be made as set forth in subsection (B)(1)(a) of this section upon the property manager or rental agency.

c. If the owner lives out of state, service may be made by certified mail and first-class mail.

d. If the owner of the property cannot be located after a diligent search, service may be made by publication in a Shasta County newspaper of general circulation which is most likely to give actual notice to the owner. Service of the notice shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

e. Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. Service shall be deemed complete either upon personal service or five days after mailing as required herein.

(Ord. 637 § 2 (part), 1995)

In order to hear cases brought by the director of public works under the provisions of this chapter, the city council shall appoint a panel of hearing examiners. Hearing examiners shall serve at the pleasure of the city council. A hearing examiner may not be a city employee.

(Ord. 637 § 2 (part), 1995)

At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the director of public works, or his/her designee, the owner, if present, and other persons respecting the condition of the building and other relevant facts concerning the matter.

(Ord. 637 § 2 (part), 1995)

The proceedings at the hearing shall be recorded by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

(Ord. 637 § 2 (part), 1995)

The hearing examiner may, upon request of the owner of the premises or upon request of the director of public works, or his/her designee, grant continuances from time to time for good cause shown, or upon the hearing examiner's own motion.

(Ord. 637 § 2 (part), 1995)

The hearing examiner or certified shorthand reporter shall administer the oath or affirmation.

(Ord. 637 § 2 (part), 1995)

Government Code Section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings under this title.

(Ord. 637 § 2 (part), 1995)

A. Parties may represent themselves, or be represented by any person of their choice.

B. If a party does not proficiently speak or understand the English language, he/she may provide an interpreter, at that party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(Ord. 637 § 2 (part), 1995)

In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or county, or any of their departments.

(Ord. 637 § 2 (part), 1995)

A. The hearing examiner may, with the owner(s)' consent, inspect the building and premises involved in the hearing prior to, during or after the hearing, provided that:

1. Notice of such inspection shall be given to the parties before the inspection is made;

2. The parties are given an opportunity to be present during the inspection; and

3. The hearing examiner shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.

B. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

C. An inspection warrant or the owner(s)' consent to inspect the building and surrounding properties is required unless such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located.

(Ord. 637 § 2 (part), 1995)

A. The hearing examiner shall consider factors including, but not limited to: the severity, extent and length of time in which the blighting conditions have existed on the property; the owner's efforts, or lack thereof, to remedy the problem; staff time and costs incurred in investigating the conditions; and the extent, if any, to which an administrative penalty would hinder the repair or rehabilitation of the building by making such efforts economically infeasible.

If it is shown by a preponderance of the evidence that the owner has violated a provision of Section 15.07.020, then the hearing officer shall impose an administrative penalty pursuant to Section 15.07.030.

B. The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall inform the owner that if the administrative penalty is imposed, and is not paid within the time specified in Section 15.07.180, then it may be made a personal obligation of the owner, made a special assessment against the property, and/or a lien may be imposed on the property involved for the amount of the penalty assessed.

C. The decision of the hearing examiner shall be final. The decision shall inform the applicant that the time for judicial review is governed by California Code of Civil Procedure Section 1094.5.

(Ord. 637 § 2 (part), 1995)

Within five calendar days of receipt of the decision, the director of public works, or his/her designee, shall serve a copy on the record owner in the same manner as set forth in Section 15.07.060, and one copy may be served on each of the following, if known: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in the premises.

(Ord. 637 § 2 (part), 1995)

A. The administrative penalty shall be due and payable within thirty days after the date of service of the final decision of the hearing examiner pursuant to Section 15.07.160(B). If the penalty is not paid in a timely manner, the city council may order that the penalty be a personal obligation of the property owner and that it be specially assessed against the property involved. If the city council orders that the penalty be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection and enforcement of real property taxes are applicable to the special assessment.

The city council may also cause a notice of lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of the property and set forth the last known address of the record owner or possessor, the date on which the penalty was imposed by the hearing examiner, a description of the real property subject to the lien, and the amount of the penalty.

B. Any administrative penalty imposed on the owner(s) may, in addition to making it a special assessment and a lien on the property, be collected in the same manner as any contractual obligation. In the event a civil action is commenced in order to collect the administrative penalty, then the city shall be entitled to recover reasonable attorney's fees and all costs associated with collection of the penalty. Costs include, but are not limited to, staff time incurred in the collection of the penalty and those costs set forth in Code of Civil Procedure Section 1033.5.

C. An administrative penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the thirtieth day following service of the hearing officer's decision.

(Ord. 637 § 2 (part), 1995)

The administrative penalty may be suspended or waived if the director of public works finds that imposition of the penalty would hinder the repair or rehabilitation of the building by making the owner(s)' efforts to do so economically infeasible. The owner(s)' may request a suspension or waiver by making an application therefor to the director of public works and submitting such documentation as he/she may require.

(Ord. 637 § 2 (part), 1995)