Chapter 14.05 — ABATEMENT—SUBSTANDARD BUILDINGS AND PUBLIC NUISANCES

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

(Ord. 2005-01 (part))

The provisions of this chapter shall apply generally to all property throughout the city wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any condition which would constitute a violation of this chapter, but which is duly authorized under any city, state or federal law, shall not be deemed to violate this chapter.

(Ord. 2005-01 (part))

The health officer, fire chief, building official and the city manager and their respective designees are each authorized to administer and enforce all provisions of this chapter including, but not limited to, the classification of substandard buildings and public nuisances for the purpose of abating those conditions which exist as the result of violation of those ordinances for which their respective departments have primary enforcement responsibility.

(Ord. 2005-01 (part))

Any responsible person, whether owner, lessee, sublessor, sublessee or occupant of any property or premises who violates the provisions of this chapter shall be guilty of a misdemeanor for each day such violation continues. 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 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))

For purposes of this chapter, the following words shall have the following specified meanings:

"Common area" means the entire common interest development as that term is defined in California Civil Code Section 1351, except the separate interests therein, or any area defined as a "common area" within a homeowners association's declaration of covenants, conditions and restrictions.

"Drive-in enterprise" means any commercial enterprise such as a service station or drive-in restaurant upon which enclosed buildings occupy less than fifty (50) percent of the lot area and where a primary method of providing goods and services to customers is by means of a drive-through service.

"Homeowners association" means any California corporation, California nonprofit mutual benefit corporation or unincorporated association created for the purposes of controlling, managing, or maintaining the common areas of a common interest development as that term is defined in California Civil Code

"Junk" means any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn- out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no substantial market value or requiring reconditioning in order to be used for its original purpose.

"Junk yard" means a junkyard as that term is defined in Title 18 of this code or any premises from or on which any junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored or transported, regardless of whether or not such activity is done for profit.

"Owner" means the owner of record of real property, occupant, lessee, sublessee, interested holder in real property, or homeowners association, as the case may be. For purposes of this chapter, a homeowners association which exercises management and/or control over a common area shall be deemed an owner of the area over which such control is exercised. Exercising control includes, but is not limited to, ownership, maintenance, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.

"Premises" means any real property and/or improvements thereon, as the case may be, including but not limited to, an area designated as a common area within a condominium or similar project.

"Property" means premises.

"Responsible official" means the health officer, fire chief, building official or the city manager, or their respective designees, authorized to use the provisions of this chapter for violations of those ordinances for which their respective departments have primary enforcement authority.

"Service station" means any premises upon which the improvements are designed and built for the primary purpose of selling to or providing others with fuels for internal combustion engines of motor vehicles, whether or not providing related automotive maintenance and repair services.

(Ord. 2005-01 (part))

Any building or structure or any portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the following conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and is hereby declared to be a substandard building and a public nuisance.

A.

Inadequate Sanitation. Inadequate sanitation shall include, but not be limited to, the following:

Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit, lodging house or congregate residence;

Lack of, or improper water closets, lavatories, and bath tubs or showers per number of guests in a hotel;

Lack of, or improper kitchen sink;

Lack of hot and cold running water to plumbing fixtures in a dwelling unit, lodging house, hotel or congregate residence;

Lack of adequate heating facilities;

Lack of, or improper operation of, required ventilating equipment;

Lack of minimum amounts of natural light and ventilation required by the Orland Municipal Code, the California Building Code, or any other code adopted by the city;

Room and space dimension less than required by the Orland Municipal Code, the California Building Code, or any other code adopted by the city. However, a condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard

building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration or conversion;

Lack of required electrical lighting;

Dampness of habitable rooms;

Infestation of insects, vermin, or rodents as determined by city officials and/or the health officer;

General dilapidation or improper maintenance;

Lack of connection to required sewage disposal system;

Lack of adequate garbage and rubbish storage and removal facilities as determined by city officials and/or the health officer.

B.

Structural Hazards. Structural hazards shall include, but not be limited to, the following:

Deteriorated or inadequate foundations;

Defective or deteriorated flooring or floor supports;

Flooring or floor supports of insufficient size to carry imposed loads with safety;

Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration;

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration;

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

C.

Nuisances. Any nuisance as defined in this code, state law or common law.

D.

Hazardous Wiring. Hazardous wiring includes all wiring not installed, maintained or used in conformance with the Orland Municipal Code, the California Building Code or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous wiring shall not include wiring which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and is being used in a safe manner.

E.

Hazardous Plumbing. Hazardous plumbing includes all plumbing not installed, maintained or used in conformance with the Orland Municipal Code, the California Building Code or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous plumbing shall not include plumbing which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and which is free of cross-connections and siphonage between fixtures.

F.

Hazardous Mechanical Equipment. Hazardous mechanical equipment includes all mechanical equipment, including vents, not installed, maintained or used in conformance with the Orland Municipal Code, the California Building Code or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, hazardous mechanical equipment shall not include mechanical equipment which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and is being used in a safe manner.

G.

Faulty Weather Protection. Faulty weather protection, which shall include, but not be limited to, the following:

Deteriorated, crumbling or loose plaster;

Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;

Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering;

Broken, rotted, split or buckled exterior wall coverings or roof coverings.

H.

Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the building official or fire chief, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause, shall be deemed to be a fire hazard.

I.

Faulty Materials of Construction. Faulty materials of construction shall include all materials of construction except those which are specifically allowed or approved by Orland Municipal Code, the California Building Code and any other code adopted by the city, and which have been adequately maintained in good and safe condition.

J.

Hazardous or Unsanitary Premises. Hazardous or unsanitary premises shall include those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions which, in the opinion of city officials or the health officer, constitute fire, health or safety hazards.

K.

Unsafe Building. Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Orland Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the city.

L.

Inadequate Exits.

Inadequate exits include all buildings or portions thereof not provided with adequate exit facilities as required by the Orland Municipal Code, the California Building Code, the Uniform Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed.

M.

Inadequate Fire Protection or Firefighting Equipment. Inadequate fire protection or firefighting equipment includes all buildings or portions thereof which are not provided with the fire-resistive construction or fire- extinguishing systems or equipment required by the Orland Municipal Code, the California Building Code, the Uniform Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate fire protection or firefighting equipment shall not include those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained in good and safe condition and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

N.

Improper Occupancy. Improper occupancy includes all buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies.

O.

Inadequate Structural Resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Orland Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building which conformed with all applicable laws at the time of its construction and which has been adequately maintained in a good and safe condition and is being used in a safe manner.

(Ord. 2005-01 (part))

It is declared a public nuisance for any person owning, leasing, subleasing, occupying or having charge or possession of any premises in this city to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist.

A.

The keeping, storage, depositing, or accumulation on the premises of any personal property which is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby property or property values. Personal property includes, but is not limited to: junk, as defined in Section 14.05.060 of this chapter; abandoned, wrecked or dismantled automobiles; abandoned, wrecked, dismantled, or not seaworthy boats or vessels; automotive parts and equipment; appliances; furniture; containers; packing materials; scrap metal; wood; building materials; rubbish; and debris.

Wood and building materials being used or to be used for a project of repair or renovation for which an active building permit is in existence may be stored for such period of time as is necessary to expeditiously complete the project. Upon finalization, expiration or cancellation of the permit, the wood and building materials of any nature for the project must be immediately removed;

B.

The keeping, storage, depositing, or accumulation on the premises of any dead grass, weeds, brush, or rubbish of any kind likely to increase the danger of fire, or any manure, dead animals, decayed vegetables, offal, or other similar matter which is in the view of persons on adjacent or nearby real property or the public right-of-way when such items constitutes visual blight, a danger to the health, safety or welfare of the public, reduces the aesthetic appearance of the neighborhood, or is offensive to the senses or is detrimental to nearby property or property values;

C.

The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials that constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values;

D.

The operation of a junk yard or automobile dismantling yard, except in an industrial zone pursuant to a use permit;

E.

Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public;

F.

Any condition in violation of Title 6 (Animals) or Chapter 12.20 of the Orland Municipal Code;

G.

Any condition in violation of Title 8 (Health and Safety) of the Orland Municipal Code or in violation of the Uniform Fire Code;

H.

Any condition in violation of Title 15 (Buildings and Construction) of the Orland Municipal Code, or in violation of the California Building Code, the Uniform Housing Code, the California Electrical Code, or the California Plumbing Code;

I.

Any condition in violation of Title 17 (Zoning) of the Orland Municipal Code;

J.

Any condition specified in the Orland Municipal Code as a public nuisance;

K.

Any condition recognized in law or in equity as constituting a public nuisance;

L.

The maintenance of the exterior of any vacant or unoccupied building or the interior of any such building which is readily visible from any public street or adjacent parcel of property in a state of unsightliness so as to constitute a blighted condition detrimental to the property values in the neighborhood or otherwise detrimental to the public welfare;

M.

The draining or allowing or suffering to be drained any sewage into or onto the ground of any premises, whether or not occupied or improved, except that sewage may be properly disposed of in an adequate private sewage disposal system as otherwise permitted by law;

N.

Any unimproved real property or improved, but unoccupied real property which has become a dumping ground for litter, garbage, junk, debris, discarded vehicles, vehicle parts and/or vehicle hulks, and which real property has been subject of two or more written requests by the city to remove litter, garbage, junk, debris, discarded vehicles, vehicle parts and/or vehicle hulks from the property within a twelve (12) month time period or which has been subject to abatement action on one or more occasions by the city. Once proceedings have been commenced pursuant to this chapter to declare property a public nuisance under this subsection, no such property shall be deemed to be in compliance with this chapter solely because such property thereafter becomes occupied.

(Ord. 2005-01 (part))

A.

Whenever the responsible official has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this chapter, he/she shall commence proceedings to cause abatement of the substandard building and/or public nuisance as provided herein.

B.

The responsible official shall issue a notice directed to the record owner of the premises. The notice shall contain:

The street address and such other description as is required to identify the premises;

A statement that the building official has found the building or structure to be substandard with a brief and concise description of the conditions found to render the building or structure substandard under the provisions of this chapter and/or a statement that the responsible official has found the premises constitutes a public nuisance with a brief and concise description of the conditions which constitute the public nuisance;

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;

An order to the owner to appear before the abatement hearing officer at a stated time, but in no event less than thirty (30) calendar days after having mailed such notice, to show cause why the premises should not be declared a substandard building and/or a public nuisance and the same abated in accordance with this chapter;

A statement advising the owner that he/she has the option of voluntarily abating the substandard building and/or public nuisance prior to the date set for hearing. If the owner chooses voluntary abatement, such abatement must be completed prior to the hearing date. The owner must advise the responsible official in writing that he/she will voluntarily abate the substandard building and/or public nuisance, and the proposed date of completion. The responsible official will inspect the premises on the completion date, and if the substandard building and/or public nuisance has been abated, the hearing will be taken off calendar. The owner may request a continuance of the hearing pursuant to Section 14.05.410 of this chapter;

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;

A statement that if, prior to compliance, the substandard building or conditions in the building or on the property or the public nuisance 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;

A statement advising the owner whether the city elects to seek its attorneys' fees in the abatement proceeding pursuant to Section 14.01.070 of this title;

A statement 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;

A statement about how and where interested persons may contact the responsible official or his/her designee about the hearing notice.

(Ord. 2005-01 (part))

A.

Service of Hearing Notice. The hearing notice, and any amended or supplemental notice, 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 responsible 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 that portion affected by the hearing notice.

B.

Method of Service. Service of the hearing notice 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 responsible official. Service by certified mail in the manner herein provided shall be effective on the date of mailing. A copy of the hearing notice and any amended or supplemental notice shall also be posted on the premises.

In lieu of personal service or service by certified mail, service of the hearing notice and any amended or supplemental notice 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 responsible 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 hearing notice 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 hearing notice retained by the responsible official.

(Ord. 2005-01 (part))

A.

Recordation of Notice of Pendency of Action. Concurrent with service of the notice of hearing, the responsible official shall record a notice of pendency of action with the county recorder. The responsible 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 responsible 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 14.05, 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 14.05 in that it constitutes a substandard building and/or public nuisance and that such substandard building and/or public nuisance 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 responsible 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 responsible official verifies both voluntary compliance in abating the substandard building and/or public nuisance 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 14.05:

 1. Final disposition has been reached in the administrative abatement action referenced in that notice of pendency of action recorded on ;aurle; , in Book _____ , at Page _____ , 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 premises declared to be a substandard building or public nuisance under this chapter shall be abated 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.

Hearing by Abatement Hearing Officer. At the time fixed in the notice required by Section 14.05.310 of this chapter, the abatement hearing officer shall proceed to hear the testimony of the responsible official or designee and the testimony of the owner and other competent persons, including members of the public, respecting the condition of the building, structure, and/or premises.

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 owner or other competent party 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 owner or other competent party at his/her own expense.

D.

Continuances. The abatement hearing officer may, upon request of the owner, other competent party, or the responsible 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 commence abatement of the substandard building and/or public nuisance not later than fifteen (15) calendar days after issuance of the decision. The abatement hearing officer shall further order the owner to complete the abatement within such time as specified by the abatement hearing officer, or in the alternative, within the time specified by the responsible official. The abatement hearing officer shall also order that if the owner fails, refuses or neglects to abate the substandard building and/or public nuisance within the time set forth in its order that the city may abate the substandard building and/or public nuisance in such a manner as may be ordered by the responsible official pursuant to this chapter or institute an action to compel compliance with its order, and the expense thereof made a lien on the property.

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 owner 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 owner must comply with the requirements of the decision shall be as stated in the decision.

(Ord. 2005-01 (part))

A copy of the final decision and order of the abatement hearing officer shall be served and posted in accordance with Section 14.05.320 of this chapter.

(Ord. 2005-01 (part))

A.

General. After any decision and order of the abatement hearing officer 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 has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the responsible official may (1) cause such person to be prosecuted under subsection A of this section; (2) institute any appropriate action to abate such substandard building and/or public nuisance; or (3) abate the substandard building and/or public nuisance in accordance with the provisions of this chapter or as provided in the order of the abatement hearing officer. 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 abatement is not commenced or completed within the time limits prescribed in the final decision and order of the abatement hearing officer, the following shall apply:

If the substandard building and/or public nuisance is in such condition as to make the premises immediately dangerous to the life, limb, property or safety of the public or its occupants, or if the building official determines that abatement of the substandard building or public nuisance cannot be accomplished without making it immediately dangerous to life, limb, property or safety of the public or its occupants, the building official shall order the building, structure or premises to be vacated pursuant to a notice to vacate as provided in this subsection (C)(1) of this section.

a.

Every notice to vacate shall, in addition to being served as provided in Section 14.05.320 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/premises on or before _______ .

 It is a misdemeanor pursuant to Orland Municipal Code Sections 14.05.040 and 14.05.510 to occupy this building/premises on or after _______ or to remove or deface this notice.

Building Official

City of Orland

By

b.

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

c.

No person shall remain in or enter any building, structure or premises which has been so posted, except that entry may be made to abate the substandard building and/or public nuisance under permit without the consent of the building official. No person shall remove or deface any such notice after it is posted until the abatement required by the abatement hearing officer has been completed, and a certificate of occupancy issued pursuant to the provisions of the Orland Municipal Code and the California Building Code, if necessary. Any person violating this subsection shall be guilty of a misdemeanor.

d.

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.

e.

Whenever a notice to vacate has been posted and served in accordance with this subsection, 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 shall be unlawful and a misdemeanor for any person to fail to disconnect utility services when ordered to do so pursuant to the provisions of this subsection.

f.

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

To the extent allowed by law, the responsible official may, in addition to any other remedy herein provided, cause the substandard building and/or public nuisance to be abated as set forth in the decision and order of the abatement hearing officer. Any such abatement 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 responsible official to abate a substandard building and/or public nuisance 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 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 (1) an application for an extension of time from the person required to conform to the final decision and order, (2) an agreement by such person that he/she will comply with the order if allowed additional time, and (3) an application for any required permits accompanied by the required permit fees, the responsible 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 abatement, if the responsible official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The responsible official's authority to extend time is limited to the physical abatement of the substandard building and/or public nuisance and will not in any way affect or extend the time to appeal the final decision and order or challenge any order of the abatement hearing officer.

(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 substandard building and/or premises on which a public nuisance exists which has been ordered abated and/or vacated 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 premises, or purchaser is engaged in the work of abating and/or vacating any such building or premises, 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 abatement work is to be done pursuant to Section 14.05.510 of this chapter by the city or its agents or contractors, the responsible 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 responsible 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 abatement 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 city manager shall be collected pursuant to the procedures set forth in this part of this chapter.

(Ord. 2005-01 (part))

A.

The responsible official shall keep an itemized account of all expenses incurred by the city in the abatement of the substandard building and/or public nuisance including, without limitation, those costs and expenses set forth in Section 14.05.610 of this chapter.

B.

The responsible official shall keep an itemized account of all revenue received by the city for any sale of materials pursuant to Section 14.05.615 of this chapter.

C.

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

The work done in abating the substandard building and/or public nuisance, 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 14.05.610 of this chapter;

The itemized and total revenue received from any sale of materials pursuant to Section 14.05.615 of this chapter;

The net expense of the abatement (gross expenses less the revenue from any sale of materials pursuant to Section 14.05.615 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 14.05.320 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 responsible 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 14.05.320 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 responsible 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 responsible official at any time prior to the time set for the hearing on the report of the responsible 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 responsible official shall endorse on every such protest or objection the date it was received by him/her. The responsible 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))

A.

Except as provided in subsection B of this section, the protests heard by the abatement hearing officer pursuant to Section 14.05.640 of this chapter shall relate only to the charge to be made for abatement, and no protest concerning the action of the responsible official or the abatement hearing officer in ordering the abatement of the substandard building and/or public nuisance shall be heard at this time.

B.

Where the charge to be made is the result of summary abatement pursuant to Chapter 14.02 or 14.03 of this title, the abatement hearing officer may determine whether or not the action to summarily abate was proper, and may modify the charge or not, as he or she may deem proper.

(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 responsible 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 responsible 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 14.05.320 of this chapter.

(Ord. 2005-01 (part))

A.

If the abatement hearing officer orders that a 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 confirmed 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 14.05.670 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 14.05, the City of Orland undertook the following actions:

 l. On _______ , the Abatement Hearing Officer of the City of Orland ordered the abatement of a substandard building and/or public nuisance on the real property described herein.

 2. On _______ , the City of Orland abated the substandard building and/or public nuisance.

 3. On _______ , the City of Orland confirmed the cost of the abatement of the substandard building and/or public nuisance 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 substandard building and/or public nuisance on the property in the amount of ($ _____ ) and this amount shall be a lien until the real property described herein until the full amount, with interest at the legal rate, 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:

(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 substandard building and/or public nuisance 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: Hc; DISCHARGE OF LIEN

 NOTICE IS HEREBY GIVEN THAT pursuant to Orland Municipal Code Chapter 14.05, the City of Orland undertook the following actions:

 1. On _______ , the Abatement Hearing Officer of the City of Orland ordered the abatement of a substandard building and/or public nuisance on the real property described herein.

 2. On _______ , the City of Orland abated the substandard building and/or public nuisance.

 3. On _______ , the City of Orland confirmed the cost of the abatement of the substandard building and/or public nuisance 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:

Name of Officer

(Ord. 2005-01 (part))