Chapter 14.04 — ABATEMENT—DANGEROUS BUILDINGS

This chapter shall be known as the "dangerous buildings code," may be cited as such, and will be referred to herein as "this chapter."

(Ord. 2005-01 (part))

The building official is authorized to administer and enforce all provisions of this chapter including, but not limited to, the classification of buildings as dangerous buildings. As used herein, the term "building official" shall include his or her authorized representatives and/or designees.

(Ord. 2005-01 (part))

No person, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order

issued by the building official hereunder. For purposes of this chapter, "person" includes individuals, partnerships, corporations, joint ventures, receivers, limited liability company, trust, estate, cooperative, association or any other entity. Any person violating the provisions of this section or any other provision of this chapter shall be guilty of a misdemeanor for each day such violation continues. Any person violating the provisions of this section or any other provision of this chapter shall also be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) for each day the violation continues. The city attorney may seek civil penalties in any civil action brought to enforce any provision of this chapter.

(Ord. 2005-01 (part))

Subject to ratification by a majority of the city council, the city manager shall appoint the abatement hearing officer(s) for proceedings under this chapter. The term of office of the abatement hearing officer shall be two years. The city manager may designate more than one abatement hearing officer, however, no more than one abatement hearing officer shall preside over any particular proceeding under this chapter. The city manager may re-appoint an abatement hearing officer for successive two-year terms. Compensation for the abatement hearing officer(s) may be established by resolution of the city council.

(Ord. 2005-01 (part))

All buildings or portions thereof which, after inspection, are determined by the building official to be dangerous, as defined in this chapter, are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, securement or removal in accordance with the procedure specified in this chapter.

(Ord. 2005-01 (part))

For purposes of this chapter, any building or structure which has one or more of the conditions or defects hereinafter described shall be deemed to be a dangerous building; provided, that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered:

A.

Whenever any door, aisle, hallway, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

B.

Whenever the walking surface of any aisle, hallway, passageway, stairway, or other means of exit is so warped, buckled, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;

C.

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Orland Municipal Code, the California Building Code, or any other code adopted by the city for new buildings of similar structure, purpose or location;

D.

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Orland Municipal Code, the California Building Code, or any other code adopted by the city for new buildings of similar structure, purpose or location;

E.

Whenever any portion or member of a building or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

F.

Whenever any portion of a building or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of two-thirds of that specified in the Orland Municipal Code, the California Building Code, or any other code adopted by the city for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Orland Municipal Code, the California Building Code, or any other code adopted by the city for such buildings;

G.

Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

H.

Whenever the building or structure, or any portion thereof, because of:

Dilapidation, deterioration or decay,

Faulty construction,

The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building,

The deterioration, decay or inadequacy of its foundation, or

Any other cause, is likely to partially or completely collapse;

I.

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

J.

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;

K.

Whenever the building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;

L.

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

An attractive nuisance to children,

A harbor for vagrants, criminals or immoral persons, or

As to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

M.

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the Orland Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the city or of any law or ordinance of this state or city relating to the condition, location, or structure of buildings;

N.

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty (50) percent or in any supporting part, member, or portion less than sixty-six (66) percent, of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;

O.

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, insects, rodents, pests or other vectors, or otherwise, is determined by the building official or health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;

P.

Whenever the fire chief has determined that a building, structure, or the premises thereof constitute a fire hazard for any of the following reasons:

Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials,

Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials,

Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly flammable materials,

Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts,

Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the fire department or egress of occupants in case of fire,

Other conditions including, but not limited to, want of repairs, lack of adequate exit facilities, required automatic or other fire alarm apparatus or fire extinguishing equipment, which create a hazardous condition;

Q.

Whenever any building or structure, because of lack of fire-resistive construction, or other cause, is determined by the building official or fire chief to be a fire hazard to life, health or property;

R.

Whenever any building or structure, because of faulty electrical wiring or other cause, is determined by the building official or fire chief to be an electrical or fire hazard to life, health or property;

S.

Whenever any building or structure, because of faulty gas connections, heating apparatus or water and sewer systems, or other cause, is determined by the building official or fire chief to be a hazard to life, health or property;

T.

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is vacant, unoccupied, or abandoned for a period in excess of six months such that the building or portion thereof is an attractive nuisance or hazard to the health, safety and welfare of the public;

U.

Whenever any well, septic tank or other excavation appurtenant to any existing or demolished structure has been abandoned.

(Ord. 2005-01 (part))

A.

Commencement of Proceeding. Whenever the building official has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is a dangerous building he/she shall commence proceedings to repair, vacate, secure or demolish the building.

B.

Notice and Order. The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

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

A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section

A statement advising that, in accordance with Sections 17274 and 24436.5 of the California Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year;

A statement that the building official has determined that the building must be repaired or demolished at the option of the owner in the manner and within the time limitations hereinafter specified:

a.

If the owner elects to repair the building, all required permits for repair shall be secured therefor and the work physically commenced thirty (30) 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,

b.

If the owner elects to demolish the building, all required demolition permits shall be secured therefor and demolition commenced not later than thirty (30) days from the date of the order, and that demolition be completed within such time as the building official shall determine is reasonable, or

c.

If, prior to compliance, the building or conditions in the building or on the property becomes an immediately dangerous building as defined in Chapter 14.02 or an immediately dangerous condition as defined in Chapter 14.03, the city may abate the immediately dangerous building as provided in Chapter 14.02 or the city may abate the immediately dangerous condition as provided in Chapter 14.03 of this title;

Statements advising that if any required repair or demolition work is not commenced or completed within the time specified, the building official:

a.

May order the building vacated and posted to prevent further occupancy until the work is completed if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, or if the building official determines that repair or demolition of the building or structure cannot be accomplished without making it immediately dangerous to life, limb, property or safety of the public or its occupants,

b.

May order the immediate disconnection of hazardous utility services (electricity, gas, sewer or water), and

c.

May proceed to repair, secure or demolish the building and charge the costs thereof against the property and its owner;

Statements advising:

a.

That any person having any record title or legal interest in the building may appeal, from the notice and order or any action of the building official to the abatement hearing officer, provided the appeal is made in writing, as provided in this chapter, and filed with the building official within thirty (30) days from the date of the order,

b.

That failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the matter. The final order is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5,

c.

Whether the city elects to seek its attorneys' fees in the abatement proceeding pursuant to Section

d.

That every owner of property within the city is liable to the city for the total cost of abatement proceedings undertaken pursuant to this chapter on his/her property, and

e.

How and where interested persons may contact the building official or his/her designee about the notice and order.

(Ord. 2005-01 (part))

A.

Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following, if known to the building official or disclosed from official public records:

The 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

Any known tenants actually occupying the property or occupying that portion affected by the notice and order.

B.

Method of Service. 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 made upon the record owner at his/her/their address as it appears on the latest equalized assessment roll of Glenn County or the supplemental roll, whichever is more current, or as known to the building official. Service by certified mail in the manner herein provided shall be effective on the date of mailing. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises.

In lieu of personal service or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:

In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:

a.

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 at the address where the copy was left; or

b.

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.

In the event the recipient 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 made as set forth in subsection (B)(1) of this section upon the property manager or rental agency.

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

If the recipient cannot be located or service cannot be effected as set forth in this section, service may be made by publication in an Orland newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code

C.

Failure to Serve. 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 persons duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. The failure of any person served pursuant to this section to receive such notice and order shall not affect the validity of any proceedings taken under this section.

D.

Proof of Service. 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. 2005-01 (part))

A.

Recordation of Notice of Pendency of Action. Concurrent with service of the notice and order, the building official shall record a notice of pendency of action with the county recorder. The building official shall instruct the county recorder to record the notice and index it in the property index as well as in the name of each owner of record as shown in the last equalized assessment roll or the supplemental roll, whichever is more current, and/or as known to the building official. The notice shall be substantially in the following form:

NOTICE OF PENDENCY OF ACTION

 NOTICE IS HEREBY GIVEN that pursuant to Orland Municipal Code Title 14, Chapter 14.04, an administrative abatement action was commenced on _______, by the City of Orland against the property described herein and the action is now pending.

 The action alleges that the property is in violation of Orland Municipal Code Chapter 14.04 in that it constitutes a dangerous building and that such dangerous building must be abated.

 As of the date of commencement of the abatement action, the name and address of the record owner of the property described herein is: _____ .

The real property against which the abatement action is pending is that certain real property commonly known as ___________, Assessor Parcel Number _____, and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated:

Name of Officer

B.

Recordation of Final Disposition of Action. The building official shall record a notice of final disposition of action within fifteen (15) days following the earlier of the following dates: (1) the date the building official verifies both voluntary compliance in abating the dangerous building and payment of all accrued costs of abatement to which the city is entitled pursuant to this title; or (2) the date of final resolution of the abatement action. The notice of final disposition of action shall be substantially in the following form:

NOTICE OF FINAL DISPOSITION OF ACTION

 NOTICE IS HEREBY GIVEN THAT pursuant to Orland Municipal Code Title 14, Chapter 14.04:

 1. Final disposition has been reached in the administrative abatement action referenced in that notice of pendency of action recorded on _______ , as Instrument No. _____ of the Official Records of Glenn County, California.

 2. The City of Orland does hereby withdraw the above-referenced notice of pendency of action.

 3. The above-referenced notice of pendency of action affected that certain real property commonly known as ___________ , Assessor Parcel Number _____ , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated:

Name of Officer

(Ord. 2005-01 (part))

Any building declared a dangerous building under this chapter shall either be repaired, secured or demolished by the owner in accordance with the applicable provisions of the Orland Municipal Code, the California Building Code, or any other code adopted by the city.

(Ord. 2005-01 (part))

A.

Order to Vacate. If any building or structure declared a dangerous building is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, it shall be ordered to be vacated as provided in this chapter.

B.

Posting. Every notice to vacate shall, in addition to being served as provided in Section 14.04.120 of this chapter, be posted at or upon each exit of the building or upon any individual unit to be vacated, and shall be substantially in the following form:

DANGEROUS BUILDING DO NOT ENTER - UNSAFE TO OCCUPY

 You are hereby ordered and required to vacate this building on or before _______ .

 It is a misdemeanor pursuant to Orland Municipal Code Sections 14.04.030 and 14.04.140 to occupy this building on or after _______ or to remove or deface this notice.

Building Official

City of Orland

By

C.

Compliance. Whenever a notice to vacate is posted, the building official shall specify in the notice to vacate the conditions which necessitate an immediate notice to vacate.

D.

Violation. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit without the consent of the building official. No person shall remove or deface any such notice after it is posted until the required repairs, securement, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Orland Municipal Code and the California Building Code. Any person violating this subsection shall be guilty of a misdemeanor.

E.

The building official may permit occupancy of the building or individual units if the owner corrects those problems which pose an immediate danger to life, limb, property and safety of the public or occupants.

F.

Prior to issuing a notice to vacate, the building official shall obtain approval of the city attorney or his/her representative.

(Ord. 2005-01 (part))

Whenever a notice to vacate has been posted and served in accordance with Section 14.04.140 of this chapter, the building official may order the immediate disconnection of any utility services determined to be hazardous by the building official. If the sewer service is ordered disconnected pursuant to this section, city water service to such building shall also be disconnected in order to prevent the accumulation of sewage on such premises. It is unlawful and a misdemeanor for any person to fail to disconnect utility services when ordered to do so pursuant to the provisions of this section.

(Ord. 2005-01 (part))

A.

Form of Appeal. Any person entitled to service under Section 14.04.120, and any person who is a tenant may appeal from any notice and order or any action of the building official under this chapter by filing with the building division, a written appeal containing:

A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;

A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

The signatures of all parties named as appellants, and their official mailing addresses;

A declaration under penalty of perjury of at least one appellant setting forth the truth of the matters stated in the appeal.

B.

Processing of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the building official shall calendar the appeal for hearing before the abatement hearing officer as follows:

If the appeal is received by the building official not later than fifteen (15) days prior to the next regular hearing of the abatement hearing officer, if any, it shall be calendared for hearing at that hearing.

If the appeal is received by the building official on a date less than fifteen (15) days prior to the next regular hearing of the abatement hearing officer, if any, it shall be calendared for hearing at the next subsequent hearing of the abatement hearing officer.

If more than one appeal is received by the building official regarding a notice and order on the same property, all such appeals shall be calendared to be heard at the same hearing of the abatement hearing officer as the last timely appeal received by the building official.

C.

Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the building official either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal and to all other people receiving the appealed-from notice and order.

D.

Appeal Fee. The building official may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices, staff appearance at the

appeal hearing, and compensation of the abatement hearing officer, if any. No appeal shall proceed without payment of the fee at the time the appeal is filed. The building official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s).

(Ord. 2005-01 (part))

Failure of any person to file an appeal in accordance with the provisions of Section 14.04.210 of this chapter shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the building official's order, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 2005-01 (part))

Except for orders to vacate made pursuant to Section 14.04.140, and utility disconnection orders made pursuant to Section 14.04.140, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(Ord. 2005-01 (part))

Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

(Ord. 2005-01 (part))

A.

Hearing by Abatement Hearing Officer. At the time fixed in the notice required by Section 14.04.210 of this chapter, the abatement hearing officer shall proceed to hear the testimony of the building official or designee and the testimony of the appellant and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in his/her notice of appeal.

B.

Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the abatement hearing officer. If the appellant seeks judicial review of the decision of the abatement hearing officer, preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.5, as presently written or hereinafter amended.

C.

Reporting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the appellant at his/her own expense.

D.

Continuances. The abatement hearing officer may, upon request of the appellant or the building official, grant continuances from time to time for good cause shown, or upon his/her own motion.

E.

Reasonable Dispatch. The abatement hearing officer and its representatives shall proceed with reasonable dispatch to conclude any matter before him/her. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

(Ord. 2005-01 (part))

A.

Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

B.

Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

C.

Rights of Parties. Each party shall have these rights, among others:

To testify and call others to testify on any matter relevant to the issues of the hearing;

To introduce documentary and physical evidence;

To rebut the evidence against him/her;

To represent himself or herself or to be represented by anyone of his/her choice;

If a party does not proficiently speak or understand the English language, he/she may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(Ord. 2005-01 (part))

A.

The abatement hearing officer may, with the owner(s)' consent, or by inspection warrant, inspect the building or premises involved in the hearing prior to, during, or after the hearing; provided, that:

Notice of such inspection shall be given to the parties before the inspection is made;

The parties are given an opportunity to be present during the inspection;

The abatement hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom; and

Each party then shall have a right to rebut or explain the matters so stated by the abatement hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

B.

Neither inspection warrant nor the owner(s)' consent to inspect the building and surrounding properties is required if such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located.

(Ord. 2005-01 (part))

A.

If it is shown by a preponderance of the evidence that the owner has violated provisions of this chapter, then the abatement hearing officer shall order the owner to correct the dangerous conditions or demolish the building within a reasonable time. The abatement hearing officer shall also order that if the owner fails, refuses or neglects to correct the dangerous conditions or demolish the building within the time set forth in its order that the city may repair, demolish or secure the building pursuant to this chapter or institute an action to compel compliance with its order.

B.

The decision of the abatement hearing officer is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5, and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements with which the owner shall comply. The order shall also inform the appellant that the decision of the abatement hearing officer is a final decision and that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6.

C.

The effective date of the decision and order and the period or periods within which the appellant must comply with the requirements of the decision shall be as stated in the decision.

(Ord. 2005-01 (part))

A copy of the decision and order shall be served on the appellant or appellants personally or sent to him/her/them at the address shown on the appeal(s) by certified mail, postage prepaid, return receipt requested and a copy shall be posted on the property.

(Ord. 2005-01 (part))

A.

General. After the decision and order of the abatement hearing officer or the notice and order of the building official made pursuant to this chapter is final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order or decision. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor.

B.

Failure to Obey Order. If, after the decision and order of the abatement hearing officer or the notice and order of the building official has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (1) cause such person to be prosecuted under subsection A of this section; (2) institute any appropriate action to abate such building as a public nuisance; or (3) repair, demolish or secure the building in accordance with the provisions of this chapter or as provided in the order of the abatement hearing officer or building official. In any action brought by the city to enforce the provisions of this chapter, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs whether or not the matter proceeds to judgment.

C.

Failure to Commence or Complete Work. Whenever the required repair or demolition is not commenced or completed within the time limits prescribed in the final decision and order of the abatement hearing officer or the notice and order of the building official, the following shall apply:

If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, or if the building official determines that repair or demolition of the building or structure cannot be accomplished without making it immediately dangerous to life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated as provided in Section 14.04.140 of this chapter.

No person shall occupy any building which has been posted with a notice to vacate as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the building official or the abatement hearing officer shall have been completed.

To the extent permitted by law, the building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions that render the building dangerous as set forth in the notice and order; may cause the building or site to be secured as set forth in the order; or may cause the building to be demolished and the materials, rubble and debris therefrom removed and the lot cleared and graded to provide proper drainage and sediment control. Any such repair, demolition or work to secure the building or site shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter.

No action shall be taken by the building official to repair, secure, vacate or demolish a building pursuant to this chapter without prior approval of the city attorney's office.

D.

Enforcement of the decision and order of the abatement hearing officer or the notice and order of the building official made pursuant to this chapter shall be stayed during the pendency of a properly and timely filed appeal therefrom to the superior court.

(Ord. 2005-01 (part))

Upon receipt of a building permit application accompanied by the required permit fees from the person required to conform to a final order and an agreement by such person that he/she will comply with the order if allowed additional time, the building official may, in his/her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete the required repair, rehabilitation, or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation, securement or demolition of the building and will not in any way affect or extend the time to appeal a final order or challenge any order of the abatement hearing officer or building official.

(Ord. 2005-01 (part))

It is unlawful and a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any building which has been ordered repaired, secured, vacated or demolished under the provisions of this chapter whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.

(Ord. 2005-01 (part))

A.

Procedure. When any work of repair, demolition or securement is to be done pursuant to Section 14.04.410 of this chapter by the city or its agents or contractors, the building official shall provide the final order or decision to the city engineer and the work shall be accomplished by city personnel or by private contract under the direction of such engineer and the building official. Plans and specifications therefor may be prepared by such engineer, or he/she may employ such architectural and engineering assistance on a contract basis as he/she may deem reasonably necessary.

B.

Costs. The cost of such repair, demolition or securement work shall be paid from the abatement repair and demolition fund, and may be made a lien against the property involved and may be made a personal obligation of the property owner, as the abatement hearing officer shall determine is appropriate pursuant to this chapter.

(Ord. 2005-01 (part))

A.

Every owner of property within the city is liable to the city for the total cost of abatement proceedings undertaken pursuant to this chapter on his or her property accrued to the date of final resolution of the proceedings, including the recordation of liens pursuant to this chapter, if any. Such costs shall include, without limitation, costs of inspection, including inspections which form the basis of the building official's notice and order; expenses associated with issuing and serving the building official's notice and order and the final decision and order, if any; expenses associated with the appeal of the building official's notice and order, if any; attorneys' fees pursuant to Section 14.01.070 of this title, if any; the cost of repair, securement, demolition or any other abatement of the dangerous building or structure; costs of title reports, placing or removing liens and closing the file, and any other related administrative costs.

B.

The city manager or his/her designee, in his/her sole discretion, may waive any portion of or all of the costs of abatement proceedings in the event the owner of the property voluntarily complies with the building official's notice and order.

C.

All costs not otherwise paid by the owner or waived by the building official shall be collected pursuant to the procedures set forth in this part of this chapter.

(Ord. 2005-01 (part))

A.

In the event the city repairs, secures, demolishes or otherwise abates the dangerous building and the abatement consists in part of removal of materials or demolition of a building or structure, the city may, at the city's sole discretion, sell the removed materials or materials contained in the demolished building or structure at public sale to the highest responsible bidder. The city shall notice the sale by publication at least five days prior to the date of the sale. The notice shall be published twice in a newspaper of general circulation in the city. The notice by publication may occur either before or after the removal of the materials or demolition of the building or structure.

B.

Any moneys received from the sale of such removed materials or materials contained in the demolished building or structure shall be deducted from the expense of abatement.

(Ord. 2005-01 (part))

A.

The building official shall keep an itemized account of all expenses incurred by the city in the abatement of the dangerous building including, without limitation, those costs and expenses set forth in Section

B.

The building official shall keep an itemized account of all revenue received by the city for any sale of materials pursuant to Section 14.04.515 of this chapter.

C.

Upon the completion of the work, the building official shall prepare a report, verified by the city official in charge of doing the work, specifying the following information:

The work done in repairing, securing, demolishing or otherwise abating the dangerous building, if any;

The itemized and total cost of the abatement proceedings undertaken pursuant to this chapter including, without limitation, those costs and expenses set forth in Section 14.04.510 of this chapter;

The itemized and total revenue received from any sale of materials pursuant to Section 14.04.515 of this chapter;

The net expense of the abatement (gross expenses less the revenue from any sale of materials pursuant to Section 14.04.515 of this chapter);

A description of the real property upon which the building or structure is or was located;

The names and addresses of the persons entitled to notice pursuant to Section 14.04.120 of this chapter;

Notice of the time, date and place when and where the abatement hearing officer will hear and pass upon the report, together with any objections or protests which may be filed by any person interested in or affected by the proposed charge, and shall confirm, reject or modify the report and determine whether the charge shall be made a personal obligation of the property owner(s) and charged as a lien against the property involved;

A statement that the decision and order of the abatement hearing officer after the hearing is a final decision and order and is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 2005-01 (part))

A.

The building official's report and notice of the hearing shall be posted on the property and served by certified return receipt mail and first class mail, postage prepaid, addressed to the persons entitled to notice pursuant to Section 14.04.120 of this chapter as their names and addresses appear on the last equalized assessment roll of the county or supplemental roll whichever is more current, if such so appears, or as known to the building official.

B.

Service of the report and notice shall be made at least ten (10) days prior to the date set for hearing.

C.

All costs associated with service of the report and notice shall be added to total expenses to be reviewed by the abatement hearing officer.

(Ord. 2005-01 (part))

Any person interested in or affected by the proposed charge may file written protests or objections with the building official at any time prior to the time set for the hearing on the report of the building official or may make an oral protest at the hearing. Each written protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The building official shall endorse on every such protest or objection the date it was received by him/her. The building official shall present such protests or objections to the abatement hearing officer at the time set for the hearing, and no other written protests or objections shall be considered.

(Ord. 2005-01 (part))

The protests heard by the abatement hearing officer pursuant to Section 14.04.540 of this chapter shall relate only to the charge to be made for abatement, and no protest concerning the action of the building official or the abatement hearing officer in ordering the repair, securement, demolition or other abatement of the dangerous building shall be heard at this time.

(Ord. 2005-01 (part))

Upon the day and hour fixed for the hearing, the abatement hearing officer shall hear and pass upon the report of the building official together with any such objections or protests and shall confirm, reject or modify the report. The abatement hearing officer may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the abatement hearing officer is satisfied with the correctness of the charge, the building official's report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected.

(Ord. 2005-01 (part))

The abatement hearing officer may order that the charge be made a personal obligation of each owner of the property and charged against the property involved as a lien.

(Ord. 2005-01 (part))

A.

The decision and order of the abatement hearing officer is a final decision subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.6.

B.

A copy of the final decision and order of the abatement hearing officer shall be served in accordance with Section 14.04.120 of this chapter.

(Ord. 2005-01 (part))

A.

If the abatement hearing officer orders that the charge shall be a personal obligation of the property owner, it shall direct the city attorney or the city manager to collect the same on behalf of the city by the use of all appropriate legal remedies.

B.

If the abatement hearing officer orders that the charge shall be charged against the property as a lien, then in the event the charge contained by the abatement hearing officer is not paid within five days after service of the decision of the abatement hearing officer, the charge shall constitute a lien on the property. The lien shall continue until the amount of the charge and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid or until it is discharged of record.

C.

The lien shall have the priority of a judgment lien.

(Ord. 2005-01 (part))

After notice to the property owner(s) as provided in Section 14.04.570 of this chapter, the city clerk shall record a notice of lien with the county recorder within sixty (60) days after the confirmation of the charge by the abatement hearing officer.

(Ord. 2005-01 (part))

The notice of lien shall be substantially in the following form:

NOTICE OF LIEN

NOTICE IS HEREBY GIVEN THAT pursuant to Orland Municipal Code Chapter 14.04, the City of Orland undertook the following actions:

 1. On _______ , the Abatement Hearing Officer of the City of Orland ordered the abatement of a dangerous building on the real property described herein.

 2. On _______ , the City of Orland abated the dangerous building.

 3. On _______ , the City of Orland confirmed the cost of the abatement of the dangerous building and charged such cost as a lien against the real property described herein.

 4. As of the date of recordation of this Notice of Lien, the cost of the abatement has not yet been paid, and the City of Orland does hereby claim a lien on the real property described herein for the net expense of abating the dangerous building on the property in the amount of ($ _____ ) and this amount shall be a lien upon the real property described herein until the full amount, with interest at the legal, has been paid in full and discharged of record.

 5. As of the date of recordation of this Notice of Lien, the name and address of the record owner of the property described below is: _____ .

 6. The real property upon which the lien is claimed is that certain real property commonly known as _______ , Assessor Parcel Number _____ , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated:

Name of Officer

(Ord. 2005-01 (part))

A.

The city clerk shall serve the notice of lien on the owner of record of the property on which the dangerous building was located based on the last equalized assessment roll or the supplemental roll, whichever is more current.

B.

The notice of lien shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil

Procedure. If the owner of record cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten (10) days and by publication in an Orland newspaper of general circulation pursuant to Government Code Section 6062.

(Ord. 2005-01 (part))

In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the city clerk shall record a notice of discharge, substantially in the following form:

DISCHARGE OF LIEN

  NOTICE IS HEREBY GIVEN THAT pursuant to Orland Municipal Code Chapter 14.04, the City of Orland undertook the following actions:

 1. On _______ , the Abatement Hearing Officer of the City of Orland ordered the abatement of a dangerous building on the real property described herein.

 2. On _______ , the City of Orland abated the dangerous building.

 3. On _______ , the City of Orland confirmed the cost of the abatement of the dangerous building and charged such cost as a lien against the real property described herein.

 4. The amount of the lien claimed by the City of Orland was ($ _____ ), with interest at the legal rate.

 5. As of the date of recordation of this Discharge of Lien, the name and address of the record owner of the property described below is: _____ .

 6. The lien claimed by the City of Orland has been discharged, released or satisfied and the City of Orland no longer claims a lien on the real property described herein.

 7. The real property upon which the lien was claimed is that certain real property commonly known as _______ , Assessor Parcel Number _____ , and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

CITY OF ORLAND

Dated:

(Ord. 2005-01 (part))