Isleton Municipal Code Ch. 5.20 Vacant Homes

As used in this chapter the term "building" includes a structure and any portion of a building or structure.

This chapter shall apply to any building which is designed and used or is designed and formerly used for commercial purposes (as such uses are designated in the zoning ordinance of the city) which remains vacant and unoccupied for a period in excess of 45 days. This chapter shall also apply to any building which is designed and used or is designed and formerly used for residential purposes which remains vacant and unoccupied for a period in excess of ten days. The incidental use of any vacant building for storage purposes shall not exempt it from provisions of this chapter.

All vacant buildings subject to this chapter shall be made secure from trespassers in the following manner:

A. All doors and windows shall be locked.

B. All broken doors and windows shall be replaced or covered.

C. Any other openings into a building which is readily accessible to trespassers shall be closed by boarding or such other means as shall be acceptable to the public works director.

Any sign or advertising device affixed to a building subject to the provisions of this chapter or located on or extending over the public right-of-way in front of said building shall be removed.

Any awning or marquee which is affixed to a building subject to the provisions of this chapter or located on or extending over the public right-of-way, in front of said building, which is in need of repair, shall be removed or repaired at the discretion of the public works director.

A. The violation of any provision of this chapter is hereby found and determined to constitute a public nuisance.

B. Said public nuisance shall be abated as follows in sections 5.20.060—5.20.120:

Whenever the public works director determines that a vacant building is being maintained in violation of any provision of this chapter, he shall prepare a written order for corrective work specifying the violation of and the corrective work required under this chapter. This order shall state the date upon which the corrective work shall be completed, which date shall be not less than 14 days after the giving of said order. Said order shall further state that if the corrective work is not completed within said period, the work will be performed by the city and the cost thereof assessed against the property as a lien.

Any owner or other person having an interest in the building who has objections to the order of the public works director any request a hearing by the city council. The request shall be in writing and shall specify the corrective work objected to. The request shall be filed with the city clerk on or before the deadline for the completion of said work as contained in the order of the public works director, otherwise all objections shall be waived. The filing of a request for a hearing shall automatically extend the time for the completion of the corrective work until the city council shall have ruled on the objections.

Upon receipt of the written objections, the city clerk shall cause written notice of the time and place of the hearing by the city council to be given to each objector at least ten days prior to the hearing. Said notice shall be sent to each objector at the address furnished for such purpose in the request for hearing. At the conclusion of the hearing, the city council shall by motion, sustain, modify or overrule the order of the public works director. The decision by the city council shall be final. Any owner or other interested person objecting to the action of the city council may institute a legal proceeding in a court of competent jurisdiction, provided such proceeding is commenced within 14 days after the action of the city council.

If no objection has been made, then at the time stated in the order of the public works director, or if objection has been made, then 14 days after the adoption of the motion sustaining or modifying the order, the city shall have jurisdiction to perform the same or have such work done under his direction or supervision. The public works director and those working under his direction or supervision may enter upon private property for the purpose of performing the work.

If a property owner satisfactorily performs the required corrective work before the public works director commences performance of the same, the public works director is excused from performing such work.

The public works director shall keep a separate itemized account for each building reflecting the costs incurred in performing the work required by this chapter, less any amount received from the sale of salvageable material. Upon completion of the work, he shall prepare a report showing such costs and submit the same to the city council for confirmation. The city council shall set the same for hearing and cause notice of the hearing to be posted in the same manner as city ordinances are posted at least ten days before the hearing. Any property owner who files a written request therefor with the city clerk shall be sent a copy of the notice of hearing and a copy of the report prepared by the public works director at least ten days before the hearing.

At the time stated in the notice of the city council shall hear and consider the report of the public works director and any objections thereto. It may continue the hearing from time to time. At the conclusion of the hearing the city council shall adopt a resolution confirming or modifying the report. Upon adoption of the resolution, the costs reflected therein shall constitute a lien against the real property to be collected in the same manner as city taxes, as provided for in section 38773.5 of the California Government Code. A certified copy of the resolution shall be filed with the Sacramento County Auditor.

Where under this chapter a notice or order is required to be given to a property owner, it shall be sent by certified mail, postage prepaid, return receipt requested, addressed to the owner of the real property upon which said building is situated, as such person's name and address appear on the last equalized assessment roll of the County of Sacramento, unless such person has furnished the public works director a different address. If no such address appears on the assessment roll and no address has been furnished to the public works director and the address o the owner is unknown to the public works director, the notice shall be mailed to the owner at the address of the building.

Affidavits of mailing shall be prepared and maintained with the records of the city pertaining to the building.

The failure of an owner to receive notice as required by this chapter shall not affect the validity of any proceedings taken hereunder.