Elk Grove Municipal Code Art. VI Boarding of Vacant Structures in Abatement Proceedings

Proceedings for the abatement of dangerous buildings is governed by EGMC Chapter 16.22. “Dangerous building” means any building, structure or premises deemed to be dangerous under the provisions of EGMC Section 16.22.301.

Existing ordinances do not provide for the securing of such structures pending the conclusion of enforcement proceedings commenced under EGMC Chapter 16.22. The purpose of this chapter is to authorize such action as a part of such proceedings, and provide for recovery of the City’s costs incurred in connection therewith.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

This chapter shall apply to every dangerous building within the City of Elk Grove.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

The Building Official shall administer and enforce this chapter. The Building Official shall assist in the inspection of structures, and in the presentation of evidence at hearings held pursuant to EGMC Section 16.22.605. Nothing herein shall be construed as limiting the authority of the Building Official, as successor to the powers and duties vested by EGMC Chapter 16.22 or to initiate an inspection pursuant to EGMC Section 16.22.203.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009; amended as requested by city)

The Building Official may require any structure that constitutes a dangerous building and is not undergoing active repair to be secured, within a maximum of seven (7) days of the notice. Securing may include both fencing and boarding. Whenever the Building Official determines that a dangerous building constitutes an immediate threat to the public health or safety, or the owner fails to secure it after being required to do so, the Building Official shall secure such structure in accordance with the terms of this chapter. The Building Official may have plans and specifications prepared, and such securing and all services incidental thereto performed, by City personnel or by contract in the manner provided by EGMC Section 16.22.419, if a dangerous building. It shall be unlawful and a violation of this code for any person to remove, deface or destroy the boards posted by the Building Official pursuant to this section without the prior written permission of the Building Official. Any person who occupies this building and/or removes boards, removes may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009; amended as requested by city)

The Building Official shall give written notice of any securing required pursuant to this chapter as a part of the notice required by EGMC Section 16.22.404, for a dangerous building. If the Building Official secures the property, such notice shall be given as part of the notice required by EGMC Section 16.22.500. The notice shall be issued within three (3) business days following the completion of such securing. Such notice shall include a description of the conditions found to constitute an immediate threat to the public health or safety.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

Any person to whom notice is issued pursuant to EGMC Section 16.22.604 shall have the right to contest the Building Official’s decision to secure the structure at the hearing provided pursuant to EGMC Section 16.22.404, for dangerous buildings. At the hearing the Building Official shall have the burden of proving, by a preponderance of the evidence that conditions existed rendering the structure a threat to the public health or safety.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)

If the Building Official’s decision to secure is either not contested pursuant to EGMC Section 16.22.605, or, following hearing thereon, is sustained by the City Council, the City’s costs of securing pursuant to EGMC Section 16.22.603, including, but not limited to, the costs of all services rendered by or on behalf of the City in connection therewith, shall be assessed and collected in accordance with EGMC Sections 16.22.500 through 16.22.505 for a dangerous building.

(Ord. 11-2008 § 4, eff. 6-13-2008; Ord. 7-2009 § 3, eff. 5-1-2009)