Dublin Municipal Code Art. II Abatement Procedures

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, is hereby declared a public nuisance, and the Enforcement Official may order the abatement of the nuisance pursuant to the procedures set forth herein.

(Ord. 25-10 § 9 (Exh. H) (part))

In addition to any notices hereafter required by this chapter, the Enforcement Official 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 the Enforcement Official deems expedient. The Enforcement Official may post such information on the substandard property.

(Ord. 25-10 § 9 (Exh. H) (part))

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 include the street address and a legal description or the County Assessor’s designation of the premises and the conditions found to render the property substandard; and shall direct the owner to abate the substandard conditions within thirty (30) days, or such other reasonable time limit as the Enforcement Official may prescribe. The notice may include suggested methods of abatement.

C. The notice shall direct the party concerned 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 party concerned that failure to appear at the hearing shall constitute a waiver of the right to an administrative hearing, and may be deemed an admission of the acts or omissions charged in the notice, in which case the Hearing Officer may order abatement solely based upon the notice and the admission of the content thereof.

E. The notice shall be served upon the party concerned and posted in accordance with Section 7.52.090.

(Ord. 25-10 § 9 (Exh. H) (part))

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 or by registered or certified mail. Service by mail shall be effective on the date of mailing, postage prepaid and return receipt requested, 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 so 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 party concerned 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 the notice, with the Clerk certifying the time and manner in which such notice was served along with any receipt return card returned in acknowledgement of the receipt of the notice by registered mail.

C. A notice of hearing shall be posted and served at least five (5) days prior to the date set for hearing.

(Ord. 25-10 § 9 (Exh. H) (part))

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 notified. After the Enforcement Official finds that the public nuisance has been abated and that such abatement has been accomplished at no cost to the city, 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, the Enforcement Official shall record in the office of the County Recorder a document terminating the above declaration.

(Ord. 25-10 § 9 (Exh. H) (part))

The Hearing Officer shall conduct the abatement hearing subject to the following:

A. The Enforcement Official shall present competent evidence regarding the condition of the subject property; the method reasonably necessary to abate the nuisance; and 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. Alternatively, stenographic notes may be taken and the substance thereof subsequently transcribed.

G. The decision of the Health Officer acting as the Hearing Officer may be appealed by the aggrieved party by filing a written notice of appeal with the Hearing Officer within five (5) days after service of the abatement order within the manner prescribed in Section 7.52.090. The appeal shall be heard by the City Council, which may affirm, amend or reverse the decision or take other action deemed appropriate.

H. The decision of the City Council acting as Hearing Officer is final.

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

(Ord. 25-10 § 9 (Exh. H) (part))

The following standards shall be followed in substance by the Hearing Officer in determining what, if any, form of abatement shall be ordered:

A. The building or structure may be demolished at the option of the owner;

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

C. If the substandard 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 percent (50%) 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 chapter, the building or structure may be demolished or removed.

(Ord. 25-10 § 9 (Exh. H) (part))

A. Within thirty (30) days after the conclusion of the hearing, the Hearing Officer shall render a decision as to whether a nuisance exists. If the Hearing Officer finds that the subject building or structure is a public nuisance, the Hearing Officer may declare such building or structure to be a nuisance and order that it be abated.

B. The abatement order shall set forth the street address of the substandard property and a legal description of the premises sufficient for identification. It shall state the conditions which render the building, structure or premises a public nuisance, and the required method of abatement.

C. The order shall specify the time within which the work shall be commenced and completed.

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

E. A copy of the abatement order shall be posted in a conspicuous place upon the building or structure or otherwise upon the substandard property; and shall be served upon the party concerned in accordance with Section 7.52.090.

(Ord. 25-10 § 9 (Exh. H) (part))

A. If the nuisance is not abated within the time period set forth in the abatement order, the Enforcement Official may cause the nuisance to be abated by city employees or private contract in accordance with appropriate procedures applicable to the city. Absent consent to enter the subject property for the purpose of nuisance abatement, the City Manager shall direct the City Attorney to obtain the necessary judicial authority for entry and abatement purposes. All costs incurred by the city in abating the nuisance shall be chargeable to the property and shall be collected as hereinafter provided.

B. Any person having the legal right to do so may abate the nuisance 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 abatement order, all costs incurred by the city in preparation for abating the nuisance shall be chargeable to the property and shall be collected as hereinafter provided.

C. When, in the opinion of the Enforcement Official, the substandard property or a 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 7.52.170 and without amendment to the order of abatement.

D. The Enforcement Official may cause the materials of any building or structure ordered to be demolished to be sold either before or after demolition of such building or structure. Any surplus from the sale of any such materials, over and above the cost of demolition and cleaning the site, shall be distributed to persons lawfully entitled thereto.

(Ord. 25-10 § 9 (Exh. H) (part))

No person shall 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 7.52.170, whenever the Enforcement Official or such owner is engaged in barricading, repairing, vacating, 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.

(Ord. 25-10 § 9 (Exh. H) (part))

A. The City Council may set up a special revolving fund to be designated as the abatement fund.

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

(Ord. 25-10 § 9 (Exh. H) (part))

Whenever substandard property or a 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 immediately, the Enforcement Official 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.

(Ord. 25-10 § 9 (Exh. H) (part))

Any person who violates a provision of this chapter or fails to comply with any of the requirements thereof or an order issued by the Building Official or Hearing Officer shall be prosecuted in accordance with the provisions set forth in Section 1.04.030.

(Ord. 25-10 § 9 (Exh. H) (part))