Modesto Municipal Code Art. 6 Violations

Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is unsafe, or when a structure is found unfit for human occupancy, or is found to be unlawful, the Building Official shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition of the building.

(Ord. 3513-C.S., § 2, effective 6-12-09)

It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, plumbing, mechanical or electrical system, or parts thereof, or equipment regulated by this Code, or cause the same to be done, in conflict with or in violation of any of the provisions of this Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The Building Official is authorized to serve a notice and order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such notice and order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

(Ord. 3513-C.S., § 2, effective 6-12-09)

The Building Official shall issue a Notice and Order directed to the record owner of the building. The Notice and Order shall contain the following:

(a) The street address and a legal description sufficient for identification of the premises upon which the building is located.

(b) A statement that the Building Official has found the building to be unsafe, unfit for human occupancy, or is unlawful, with a brief and concise description of the conditions found to render the building unsafe, unfit for human occupancy, or is unlawful under the provisions of this chapter.

(c) A statement of the action required to be taken as determined by the Building Official.

(1) If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and that the work be physically commenced within such time (not to exceed sixty (60) days from the date of the Order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.

(2) If the Building Official has determined that the building or structure must be vacated, the Order shall require that the building or structure shall be vacated within a certain time from the date of the Order as determined by the Building Official to be reasonable.

(3) If the Building Official has determined that the building or structure must be demolished, the Order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed sixty (60) days from the date of the Order), that all required permits be secured therefor within sixty (60) days from the date of the order and that the demolition be completed within such time as the Building Official shall determine is reasonable.

(d) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

(e) The Notice and Order shall establish a daily amount of civil penalties. The Building Official shall determine the daily amount of civil penalties pursuant to the criteria set forth in Article 3 of Chapter 6 of Title 1 of the Modesto Municipal Code.

(f) The Notice and Order shall identify a date when civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the Notice and Order until the violations are corrected.

(g) Statements advising (i) that any person having any record title or legal interest in the building may appeal from the Notice and Order of any action of the Building Official to the Board of Building Appeals, provided the appeal is made in writing, as provided in this Code, and filed with the Building Official within thirty (30) days from the date of service of such Notice and Order, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(Ord. 3513-C.S., § 2, effective 6-12-09)

A fee shall be imposed on the owner of any property for which a Notice and Order is issued pursuant to this section. The fee shall be calculated to recover the total cost of inspections and enforcement by the City of Modesto. This fee shall be set by resolution of the City Council. An additional fee which shall be set by resolution of the City Council shall be imposed on the owner of the property at the conclusion of any matter in which a Notice and Order has been issued. This closing fee shall be calculated to recover the cost of closing the file, removing or placing liens on the property, a title report, and other costs associated with the matter. Any fee imposed on the owner and not paid shall be collected pursuant to the procedures set forth in Article 7 of Chapter 6 of Title 1 of the Modesto Municipal Code.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Any Notice and Order of the Building Official may be amended or supplemented by the Building Official. The Notice and Order, or any amended or supplemental Notice and Order, shall be served upon the record owner and posted on the property. One (1) copy of the Notice and Order shall be served on each of the following, if known to the Building Official or disclosed from official public records: holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Service of the Notice and Order may be made upon all persons entitled thereto either by personal delivery or by certified mail, return receipt requested. Service may be upon the record owner at his/her/their address as it appears on the last equalized assessment roll of Stanislaus County recorded documents, or as known to the Building Official. A copy of the Notice and Order and any amended or supplemental Notice and Order shall also be posted on the premises.

(a) In lieu of personally serving the owner or service by certified mail, service of the Notice and Order, and/or any amended or supplemental Notice and Order, may be made as follows:

(1) In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:

(i) By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;

(ii) By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing, by first class mail, a copy to the recipient at the address where the copy was left.

(2) In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be as set forth in (1) above upon the property manager or rental agency.

(3) If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

(4) If the owner of the property cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in a Modesto newspaper of general circulation which is most likely to give actual notice and order to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

The failure of any such person to receive such Notice and Order shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

(Ord. 3513-C.S., § 2, effective 6-12-09)

Proof of service of the Notice and Order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official.

(Ord. 3513-C.S., § 2, effective 6-12-09)

If compliance is not had with the Order within the time specified therein, and no appeal has been properly and timely filed, the Building Official may file in the office of the County Recorder a certificate describing the property and certifying (i) that the building is unsafe, unlawful, unfit for human habitation, or dangerous, and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made and fees paid and that the building is no longer unsafe, unlawful, unfit for human habitation, or dangerous, whichever is appropriate.

(Ord. 3513-C.S., § 2, effective 6-12-09)