Lemoore Municipal Code Ch. 2 Dangerous Buildings

A. Authority: All buildings or structures which are structurally unsafe, or are partially destroyed by fire, or dilapidated from old age, neglect, decay or other causes within the City which constitute a fire menace or are dangerous to human life, or a likely resort for vagrant or dissolute persons may be declared a nuisance by the City Council and thereafter abated as herein provided. (1975 Code §12-2.01)

B. Resolution Declaring Nuisance: Whenever any such building or buildings, structure or structures exist or are permitted upon any property within the City, the City Council may by resolution declare the same to be a public nuisance; said resolution shall declare the intention of the City Council to commence abatement proceedings as herein provided and shall refer to the street by the name under which it is officially or commonly known, and describe the property upon which such nuisance exists by giving the lot and block number thereof and no other description of such property shall be required.

The City Clerk shall forward a certified copy of said resolution to the County Recorder of Kings County for recordation. (1975 Code §12-2.02)

All buildings or structures declared to be public nuisances and ordered to be abated hereby shall be abated by repair, rehabilitation, demolition or removal. (1975 Code §12-2.03)

A. Posting Notice and Resolution: After the passage of said resolution, the Director of Public Works shall cause to be conspicuously posted on the building or buildings, structure or structures declared to be a public nuisance a certified copy of the resolution of intention of the City Council and at least two (2) notices of the time and place of hearing before the City Council which said notices shall be titled: "NOTICE OF HEARING" in letters of not less than one inch (1") in height and shall be substantially in the following form:

NOTICE OF HEARING

TO ABATE BUILDING OR STRUCTURE

BY REMOVAL OR REPAIR

Notice is hereby given that on the day of , 19 , the City Council of the City of Lemoore passed a Resolution declaring that the certain unsafe or dilapidated building(s) or structure(s), consisting of Street, in said City and more particularly described in Lot No. Block No. in said City of Lemoore, and that the same constitutes a public nuisance and must be abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s), otherwise the same will be abated by the municipal authorities of the City of Lemoore, in which case the cost of such removal or repair shall be assessed upon the lots and land on which said unsafe or dilapidated building(s) or structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots or land until paid. Reference is hereby made to said Resolution for further particulars.

All persons having any objection to, or interest in the proposed removal or repair of such unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the City Council of the City of Lemoore to be held in the Lemoore Justice Court, on the day of , 19 , at the hour of M., of said day, when their objections will be heard and given due consideration.

Dated this day of , 19 .

Director of Public Works

(1975 Code §12-2.04)

B. Serving Notice and Resolution: The Director of Public Works shall cause to be served upon the owner of each building or structure sought to be removed or repaired one copy of said notice and a certified copy of the resolution of intention of the City Council in accordance with the following provisions: (1975 Code §12-2.05)

Proper service of said notice and resolution shall be by personal service upon the person owning the property as such person's name and address appears on the last equalized assessment roll, if he is found within the City limits, or if he is not to be found within the City limits, by depositing a copy of said notice and resolution in the United States Post Office properly enclosed in a sealed envelope and with the postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner, or if not known, at Lemoore, California. The service is complete at the time of deposit. (1975 Code §12-2.06)

C. Time for Posting and Service of Notices and Resolutions: Said notices and resolutions must be posted and served as aforesaid at least thirty (30) days before the time fixed for the hearing before the City Council and proof of posting and service of such notices and resolutions shall be made by affidavit which shall be filed with the City Clerk. (1975 Code §12-2.05)

At the time stated in the notices, the City Council shall hear and consider all objections or protests, if any, shall receive testimony from owners, witnesses and parties interested relative to the proposed removal or repair of such unsafe or dilapidated buildings or structures and may continue the hearing from time to time. Upon the conclusion of said hearing, said City Council shall allow or overrule any and all of said objections. The City Council may find and determine that such unsafe or dilapidated building or structure may be made safe by repair and shall, by resolution specifying in detail what repairs are required to make said building or structure safe and the time within which the repair work must be accomplished, instruct the Director of Public Works to cause the abatement by repair of the unsafe or dilapidated structure or building in the event of the failure of the owner or other person to make such repairs within the time prescribed, or within any extension of time granted by the City Council to complete the specified repairs; or the City Council may find and determine that said unsafe or dilapidated building or structure is a public nuisance and, by resolution, order the Director of Public Works to abate said nuisance by removal after a period of thirty (30) days' notice to the owner or his authorized representatives. (1975 Code §12-2.07)

A copy of said resolution adopted pursuant to this Section shall be served upon the owner of said property in accordance with the provisions of Section 8-2-3 of this Chapter. (1975 Code §12-2.08)

A. Record and Report of Abatement Costs: The Director of Public Works shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work has been done and shall render an itemized report in writing to the City Council showing the cost of demolishing or removing said buildings or structures, including any salvage value of such buildings or structures and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to the City Council, a copy of the same shall be posted for at least five (5) days upon the property upon which such unsafe or dilapidated buildings or structures were situated together with a notice of the time when said report shall be submitted to the City Council for confirmation, and a copy of said report and notice shall be served upon the owner of said property in accordance with the provisions of Section 8-2-3 of this Chapter at least five (5) days prior to submitting the same to the Council; proof of said posting and service shall be made by affidavit and filed with the City Clerk.

The term "incidental expenses" shall include, but not be limited to, the expenses and costs 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. (1975 Code §12-2.09)

B. Hearing on Report: At the date and time fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the Director of Public Works, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance and any other interested persons. Thereupon, the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed; provided, that said hearing or consideration may be continued from time to time. The decision of the City Council on all protests and objections which may be made shall be final and conclusive. (1975 Code §12-2.10)

C. Costs a Lien: The amount of the cost for abating such nuisance upon the various lots or parcels of land, as confirmed by the City Council, shall constitute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien pursuant to section 38773.5 of the Government Code on said property for the amount of such assessments, respectively. After the confirmation of said report, a copy shall be turned over to the Assessor and Tax Collector for the County of Kings, whereupon it shall be the duty of said Assessor and Tax Collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels of land for Municipal purposes, and thereafter said amounts shall be collected at the time and the same manner as ordinary Municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary Municipal taxes. (1975 Code §12-2.11)