Daly City Municipal Code Art. III Appeals to City Council, Abatement and Demolition

A. The owner or tenant receiving an administrative order, or an order of the administrative appeal board following a compliance hearing, may request a hearing by the city council ("council") by filing its request with the city clerk within ten calendar days of the date of service of the administrative order or an order of the administrative appeal board following a compliance hearing. The request shall contain:

1. A specific identification of the subject property;

2. The names and addresses of all parties requesting the hearing;

3. A statement of the parties' legal interest in the subject property;

4. A statement in ordinary and concise language of the specific order or action protested and the grounds for the hearing, together with all material facts in support thereof;

5. The date and signatures of all requesting parties; and

6. The verification of at least one party as to the truth of the matters stated in the request.

B. As soon as practicable after receiving the request, the city clerk shall set a date for the council to hear the matter which date shall be not less than ten calendar days nor more than thirty calendar days from the date the appeal was filed. The city clerk shall give each party written notice of the time and the place of the hearing at least five calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the party personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the request. Continuances of the hearing may be granted by the council on request of the owner for good cause shown, or on the council's own motion.

C. For each appeal to the city council, there shall be assessed a fee at the time of the filing of the appeal of one hundred dollars, which fee will be refunded should the person appealing prevail in the appeal.

D. Individuals, property owners, tenants, property managers or other such interested parties who have not availed themselves of the administrative appeal process of the previous article of this chapter shall not have the right to appeal to the council the issues concerning the notification of nuisance, any administrative orders, administrative penalties, administrative costs, compliance matters or other issues provided for in the previous article of this chapter.

E. Orders of the administrative appeal board are considered final and legally binding, unless a written appeal to the city council is filed within ten days from the date of service of the order and the order is subsequently modified or dismissed by the city council, in which case the order of the city council is final.

(Ord. 1279 § 3, 2000: Ord. 1196 § 2 (part), 1994)

Upon the conclusion of the hearing, the council shall determine whether the property or any part thereof as maintained, constitutes a public nuisance. If the council so finds, the council shall adopt a resolution declaring such property to be a public nuisance, setting forth its findings and ordering the abatement of the same by having such property rehabilitated, repaired, removed or demolished in the manner and means specifically set forth in said resolution. The resolution shall set forth the time within which such work shall be completed by the owner, in no event less than thirty days. The city council may determine whether to impose or modify the administrative costs and penalties assessed by the administrative appeal board or, in the case of matters brought directly to the city council, whether to impose administrative costs and penalties as provided in Sections 8.16.160 and 8.16.170. The resolution shall set forth the amount of costs and penalties to be imposed.

(Ord. 1231 § 7, 1996: Ord. 1196 § 2 (part), 1994)

A copy of the resolution of the administrative appeal board or city council, as applicable, ordering the abatement of the nuisance shall be served upon the owner(s) of the property and other violator(s) of this chapter, in accordance with the provisions of this chapter. Upon abatement in full by the owner or violator, and the payment of all assessed fees the proceedings hereunder shall terminate.

(Ord. 1279 § 4, 2000: Ord. 1196 § 2 (part), 1994)

A. If such nuisance is not abated as ordered within said abatement period, the city manager, or his/her designee shall cause the same to be abated by city employees or private contract. The city manager or his/her designee is expressly authorized to enter upon said property for such purposes. The cost, including incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term "incidental expenses" shall include, but not be limited to, personnel costs incurred in documenting the nuisance; the actual expenses and cost of the city in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

B. A person shall not obstruct, impede or interfere with the city manager, or his/her designee, or his representative, or with any person who owns, or holds any interest or estate in, any property in the performance of any necessary act, preliminary to or incidental to, carrying out an abatement order issued pursuant to this chapter.

(Ord. 1196 § 2 (part), 1994)

A. A code enforcement officer may immediately abate an unsafe condition that creates an imminent threat to life, safety or health.

B. If the unsafe condition is on private property, the property owner should be notified of the pending abatement, when possible.

C. The owner of a private property or any other person creating the unsafe condition, is responsible for reimbursing the city for all costs incurred in the abatement, as stated in Section 8.16.330.

(Ord. 1279 § 5, 2000)

Any action appealing the council's decision and order shall be commenced within thirty calendar days of the date of service of the decision, except that any action challenging the imposition of any administrative fine or penalty shall be commenced within twenty calendar days of service of the final order or decision of the council.

(Ord. 1231 § 8, 1996: Ord. 1196 § 2 (part), 1994)

Any property may be found to be a public nuisance under this chapter and ordered demolished if the order is based on competent sworn testimony and if found that in fairness and in justice and that there is no way other than demolition to correct such nuisance. In determining feasibility one must consider the overall impact of the nuisance on adjacent properties, neighborhood, public safety and similar matters weighed against the value of the structure and the cost to rehabilitate or repair it.

(Ord. 1279 § 6, 2000: Ord. 1196 § 2 (part), 1994)

A copy of any order or resolution requiring abatement by demolition shall be forthwith recorded with the San Mateo county recorder.

(Ord. 1196 § 2 (part), 1994)

The city manager or his/her designee shall keep an account of the cost, including incidental expenses, of abating such nuisance on such separate lot or parcel of land where the work of abatement is done by the city or under private contract, and shall render an itemized statement showing the cost of abatement, including the rehabilitation, demolition or repair of said property, including any salvage value relating thereto. The cost accounting of abatement, including expenses, shall be provided to any person liable to be assessed for the cost of abatement.

(Ord. 1196 § 2 (part), 1994)

Any person liable to be assessed for the cost of an abatement action may file written protest or objection to the city manager's statement with the city clerk within fourteen days following mailing of such cost to the assessee. The city clerk shall endorse each protest or objection received and shall present such protest or objections to the city council at the time set for the hearing upon the imposition of a lien, in accordance with the lien and cost recovery procedures of Article IV of this chapter. No other protests or objections shall be considered.

(Ord. 1196 § 2 (part), 1994)