Elk Grove Municipal Code Art. VII Abatement of Nuisances

A. Remedies Cumulative. All of the remedies in this chapter and as provided by law shall be cumulative.

B. Repair and Demolition. In addition to the penalties set forth in Article II of this chapter, the Director may cause the dwelling, or portion thereof, to be repaired or demolished to the extent necessary to correct the conditions as set forth in the notice and order in accordance with the procedures for enforcement set forth in this chapter. The Director may require any unrepaired property that is vacant and accessible to be secured by boarding and fencing, pursuant to EGMC Chapter 16.23. If, in the Director’s determination, based upon the enforcement procedures established in this chapter, the dwelling is to be demolished, the Director may cause the dwelling to be demolished or sold and then demolished and the materials, rubble and debris therefrom sold, removed and the lot cleaned. Any such repair, demolition or securing work shall be accomplished and the costs thereof paid and recovered in the manner hereafter provided in this article. The Director may cause the work to be accomplished by City personnel, or by private contract under the direction of the Director, or the Director may employ such architectural and engineering assistance on a contract basis as the Director may deem reasonably necessary. If the work is accomplished by private contract, the Director shall be entitled to recover as costs of enforcement and abatement a fee for contract administration as set and modified by the City Council from time to time. Any surplus realized from the sale of the dwelling or the materials, rubble and debris resulting from the demolition of the dwelling, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person(s) lawfully entitled thereto. Nothing herein shall obligate the City to arrange for or sell the dwelling, the material or rubble, or any other property as a result of enforcing the provisions of this chapter, and if the City does so sell such property the proceeds realized therefrom shall be deemed reasonable under the circumstances.

C. Rent Escrow Account Program. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may establish a rent escrow account program as set forth in this chapter.

D. Recovery of Costs of Enforcement and Abatement. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may establish a program to recover all costs, including attorneys’ fees, of enforcement and abatement as set forth in this chapter.

E. Recovery of Civil Penalties. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek such civil penalties and other relief as may be awarded under the provisions of the unfair competition laws commencing at Section 17200 of the Business and Professions Code.

F. Franchise Tax Board Deduction Denial. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek a court order that the owner not claim any deduction with respect to State taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with the provisions of Section 17980.7(b) of the Health and Safety Code and Sections 17274 and 24436.5 of the Revenue and Taxation Code.

G. Appointment of Receiver. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek a court order appointing a receiver to do those tasks and have the powers set forth in Section 17980.7(c) of the Health and Safety Code.

H. Payment of Relocation Costs. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek a court order requiring the owner to pay reasonable relocation benefits to each lawful tenant as set forth in Section 17980.7(d) of the Health and Safety Code.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)

A. General. The City’s cost of any board-up, fencing, repair or demolition shall be paid from a separate repair and demolition fund which is hereby established as a separate revolving fund under the control of the Director. Payments shall be made from the repair and demolition fund upon the demand of the Director solely to defray the costs which may be incurred in doing or causing to be done the necessary work of board-up, fencing, repair or demolition pursuant to this chapter for enforcing and abating violations and nuisances.

B. Maintenance of Fund. The City Council may at any time transfer to the repair and demolition fund, out of any money in the housing code enforcement fund also created by this chapter, such sums as it, in its sole discretion, may deem appropriate in order to implement the performance of the work of repair or demolition. All funds collected under this chapter shall be paid to the Finance Director who shall deposit same to the housing code enforcement fund.

C. Recovery of Costs from Owner(s). Pursuant to the procedures set forth in this chapter, the costs of all enforcement and abatement, including costs of repair or demolition undertaken pursuant to this chapter may be made a special assessment against the property involved, or may be made a personal obligation of the property owner(s), or both, as the City Council shall determine is appropriate under procedures herein established.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)

A. Account of Expense, Filing of Report. When proceedings under this chapter result in the correction of a violation of this code or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of this code, costs of such proceedings incurred by the City may be assessed against the property. Such costs may include, but not by way of limitation, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action and attorneys’ fees. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

Pursuant to Section 38773.1 of the Government Code and Section 17980.8 of the Health and Safety Code, the Director shall keep an account of the administrative and other costs of abatement, and shall submit to the City Council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the City Clerk not later than fifteen (15) days in advance of the confirmation hearing required below.

B. Notice of Hearing. Upon receipt of the report, the City Clerk shall schedule a public hearing to receive protests and confirm the report. A statement of the proposed assessment and notice of the time, date and place of the hearing, together with reference to the report on file with the City Clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed shown on the last equalized assessment roll available on the date of mailing of the notice or any other address or addresses ascertained to be more accurate. The notice shall be posted on the property. Notice shall also be served on anyone known to be in possession of the property by certified mail, postage prepaid. Such notice shall be mailed not later than fifteen (15) days in advance of the hearing. Notice of the time, date and place of the public hearing by the City Council shall be published once (1) in a newspaper of general circulation published within the City. With respect to each property proposed to be assessed for which the name of the owner or owners is not shown on the last equalized assessment roll or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners, if such name or names are shown on the last equalized assessment roll, the assessor’s parcel number, the street address of the property, if the property has an address and the address is known to the Director, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the City Clerk. Such publication shall be made not later than fifteen (15) days in advance of the hearing.

C. Hearing on Report. At the time fixed for receiving and considering the report, the City Council shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the abatement. Written protests or objections shall specify the date, hour and description of the subject property under hearing. The City Council may continue the hearing and delegate to the City Manager or his designee the responsibility of hearing individual protests and submitting a recommendation with respect thereto; provided, that the City Council provides an opportunity for individual consideration of each project upon receipt of the recommendation by the City Manager or his designee. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution.

1. Personal Obligation. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders the charge to be a personal obligation of each owner of the property involved, then it shall direct the City of Elk Grove Finance Department to collect the amount of the charge on behalf of the City of Elk Grove by use of all appropriate legal remedies.

2. Special Assessment. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 7-2011 § 1, eff. 3-25-2011)

A. If the costs as confirmed are not paid within thirty (30) days of the date of mailing of the notice or date of publication pursuant to EGMC Section 16.20.750, and the City Council has ordered that such costs be assessed against the property, the costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code, and shall be transmitted to the Finance Director for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

B. If, subsequent to the mailing of the notice of violation and prior to transmittal of the notice of unpaid costs to the Finance Director for collection as set forth in subsection (A) of this section, the property subject to the notice of violation is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of violation was placed in the United States postal system or posted on the property.

C. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the Finance Director or his designated representative may pursue any remedy provided by law for collection of the unpaid costs.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)

Pursuant to Section 25845.5 of the Government Code, upon entry of a second (2nd) or subsequent civil or criminal judgment within a two (2) year period finding that an owner is responsible for a condition that may be abated pursuant to Section 25845 of the Government Code, except conditions abated pursuant to Section 17980 of the Health and Safety Code, a court may order the owner to pay treble the costs of abatement.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)