Rancho Cordova Municipal Code Art. VII Abatement of Nuisances

A. Remedies Cumulative. All of the remedies in this chapter and as provided by law shall be cumulative.

B. Repair and Demolition. In addition to the penalties set forth in Article II of this chapter, the director may cause the dwelling, or portion thereof, to be repaired or demolished to the extent necessary to correct the conditions as set forth in the notice and order in accordance with the procedures for enforcement set forth in this chapter. The director may require any unrepaired property that is vacant and accessible to be secured by boarding and fencing pursuant to Chapter 16.23 RCMC. If, in the director's determination, based upon the enforcement procedures established in this chapter, the dwelling is to be demolished, the director may cause the dwelling to be demolished or sold and then demolished and the materials, rubble and debris therefrom sold, removed and the lot cleaned. Any such repair, demolition or securing work shall be accomplished and the costs thereof paid and recovered in the manner hereafter provided in this article. The director may cause the work to be accomplished by city personnel, or by private contract under the direction of the director, or the director may employ such architectural and engineering assistance on a contract basis as the director may deem reasonably necessary. If the work is accomplished by private contract, the director shall be entitled to recover as costs of enforcement and abatement a fee for contract administration as set and modified by the city council from time to time. Any surplus realized from the sale of the dwelling or the materials, rubble and debris resulting from the demolition of the dwelling, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person(s) lawfully entitled thereto. Nothing herein shall obligate the city to arrange for or sell the dwelling, the material or rubble, or any other property as a result of enforcing the provisions of this chapter, and if the city does so sell such property the proceeds realized therefrom shall be deemed reasonable under the circumstances.

C. Rent Escrow Account Program. In addition to those remedies provided in this chapter, and any other remedies provided by law, the city may establish a rent escrow account program as set forth in this chapter.

D. Recovery of Costs of Enforcement and Abatement. In addition to those remedies provided in this chapter and RCMC § 1.01.200, the city may use all legal remedies to recover all costs, including attorney's fees, enforcement and abatement costs and fees as set forth in this chapter.

E. Recovery of Civil Penalties. In addition to those remedies provided in this chapter, and any other remedies provided by law, the city may seek such civil penalties and other relief as may be awarded under the provisions of the unfair competition laws commencing at Section 17200 of the Business and Professions Code.

F. Franchise Tax Board Deduction Denial. In addition to those remedies provided in this chapter, and any other remedies provided by law, the city may seek a court order that the owner not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with the provisions of Section 17980.7(b) of the Health and Safety Code and Sections 17274 and 24436.5 of the Revenue and Taxation Code.

G. Appointment of Receiver. In addition to those remedies in this chapter, and any other remedies provided by law, the city may seek a court order appointing a receiver to do those tasks and have the powers set forth in Section 17980.7(c) of the Health and Safety Code.

H. Payment of Relocation Costs. In addition to those remedies in this chapter, and any other remedies provided by law, the city may seek a court order requiring the owner to pay reasonable relocation benefits to each lawful tenant as set forth in Section 17980.7(d) of the Health and Safety Code.

(SCC 0934 § 4, 1993; SCC 1066 § 11, 1997; SCC 1125 § 8, 1999; SCC 1146 § 26, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 27-2014 § 7)

A. General. The city's cost of any board-up, fencing, repair or demolition shall be paid from a separate repair and demolition fund which is hereby established as a separate revolving fund under the control of the director. Payments shall be made from the repair and demolition fund upon the demand of the director solely to defray the costs which may be incurred in doing or causing to be done the necessary work of board-up, fencing, repair or demolition pursuant to this chapter for enforcing and abating violations and nuisances.

B. Maintenance of Fund. The city council may at any time transfer to the repair and demolition fund, out of any money in the housing code enforcement fund also created by this chapter, such sums as it, in its sole discretion, may deem appropriate in order to implement the performance of the work of repair or demolition. All funds collected under this chapter shall be paid to the Rancho Cordova treasurer, who shall deposit same to the housing code enforcement fund.

C. Recovery of Costs from Owner(s). Pursuant to the procedures set forth in this chapter, the costs of all enforcement and abatement, including costs of repair or demolition undertaken pursuant to this chapter, may be made a special assessment against the property involved, or may be made a personal obligation of the property owner(s), or both, as the city council shall determine is appropriate under procedures herein established.

(SCC 0934 § 4, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

When proceedings under this chapter result in the correction of a violation of this code or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of the Rancho Cordova Municipal Code, costs of such proceedings incurred by the city may be assessed against the subject property as a lien or special assessment, pursuant to RCMC § 1.01.200. Such costs may include, but not by way of limitation, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action and attorneys' fees. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

(SCC 0934 § 4, 1993; SCC 1146 § 27, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A), (J)); revised during 2008 codification; Ord. 27-2014 § 8)

Repealed by Ord. 27-2014.

(SCC 1146 § 28, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(J)))

Pursuant to Section 38773.7 of the Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition that may be abated pursuant to Section 38773 et seq. of the Government Code, except conditions abated pursuant to Section 17980 of the Health and Safety Code, a court may order the owner to pay treble the costs of abatement.

(SCC 0934 § 4, 1993; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(J)))