Rancho Cordova Municipal Code Art. V Abatement Generally

In addition to the enforcement procedures authorized for abatement of public nuisances and violations pursuant to RCMC § 16.18.205 and Chapters 6.20, 6.28, 6.32, 6.68, 6.120, 16.02, 16.04, 16.20, 16.22 and 17.04 RCMC, RCMC Titles 4 and 8, the zoning code, and any applicable provisions of state or federal law, upon a determination by the enforcement official, in his or her absolute discretion, he or she may elect to employ the alternative enforcement procedures to cause abatement of the nuisance as provided herein.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 5)

A. Whenever the enforcement official has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this code, he may commence proceedings to cause abatement of the nuisance as provided herein by notifying in writing the owner of the premises indicating the nature of the violation and ordering the action necessary to correct it. The content of such notice shall be as stated in RCMC § 16.18.503.

B. A notice of pending enforcement action describing the property and the nature of the claim shall be recorded by the city. When the enforcement action has been fully resolved and all costs associated therewith finally settled, a certificate of compliance describing the property and referencing the recorded notice of pending enforcement action shall be recorded.

(SCC 0982 § 1, 1995; SCC 1146 § 5, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

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

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

2. A statement specifying the conditions which constitute the nuisance.

3. A request that the nuisance be corrected by a date certain, which shall be a reasonable time in the judgment of the enforcement official, based upon the circumstances of the particular violation, the period of time the nuisance has existed, and the potential threat to public health and safety created by the violation. If the violation pertains to building, electrical, or other similar structural or zoning issues where the violation does not create an immediate threat to health or safety, the responsible party shall be provided not less than 10 calendar days in which to correct, abate, or otherwise remedy the violation.

4. A statement that the failure to correct or abate the nuisance may result in the nuisance being removed under authority of the city and the costs of such removal and abatement made a legal charge against the owner or owners of the property, a lien or special assessment on the property and subject to collection with property taxes in accordance with this chapter.

5. One of the following:

a. A statement referencing the right to appeal the enforcement official's determination. Such statement shall provide instruction on how to request an appeal hearing, a time frame for requesting an appeal hearing, and a statement that the failure to file a timely and proper appeal shall constitute a failure to exhaust administrative remedies and preclude judicial review. The time frame for requesting an appeal shall be consistent with the date set forth by the enforcement official for correcting the violation, and in no event shall the time for requesting an appeal hearing be more than 15 days from the date the notice was issued unless in the judgment of the enforcement official an extension is warranted based upon the particular circumstances of the case. If requested, a hearing shall be set no less than 10 calendar days after the request is received. Enforcement of a notice shall be stayed during the pendency of an appeal therefrom which is properly and timely filed; or

b. Order to Show Cause. In the event the owner fails, neglects or refuses to comply with any notice under this chapter, the enforcement officer may serve an "order to show cause" to show cause why the premises should not be declared a public nuisance and the same abated in accordance with this code. The order shall advise the owner that he has the option of voluntarily abating the 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 enforcement official in writing that he will abate the nuisance, and the date of completion. The enforcement official will inspect the premises on the completion date, and if the nuisance has been abated, the hearing will be taken off the calendar. The owner may request a continuance of the hearing pursuant to RCMC § 16.18.506. The order to show cause shall be served and posted, and an affidavit filed with the city clerk, in the manner specified in this section.

6. A statement advising the owner that he may be responsible for all costs incurred by the city for any abatement activities, including hearings.

7. A statement advising the owner that, pursuant to Government Code Section 38773.5, the city intends to seek recovery of attorneys' fees incurred in any abatement activity, and that attorneys' fees may be recovered by the prevailing party.

B. The notice, and any amended or supplemental notice, shall be served either by personal delivery or by mailing a copy by certified mail, postage prepaid, return receipt requested, upon the owner of record or his/her/their address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the enforcement official; a copy of the notice shall also be posted on the premises. The failure of any person to receive a notice of violation that was sent via certified mail shall not affect the validity of any enforcement proceedings under this code.

C. Proof of service of the hearing notice shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.

D. The failure of a notice to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this code.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 6; Ord. 12-2022 § 3 (Exh. A), 2022)

At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the enforcement official, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

A. The proceedings at the hearing may be reported by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

B. Preparation of a record of the proceeding shall be governed by Section 1094.6 of the California Code of Civil Procedure, as presently written or hereinafter amended.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

The hearing examiner may, upon request of the owner of the premises or upon request of the enforcement official, grant continuances from time to time for good cause shown, or upon his own motion.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)

The hearing examiner or certified shorthand reporter shall administer the oath or affirmation.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Section 11513, Subsections (a), (b) and (c), of the Government Code of the state of California, as presently written or hereinafter amended, shall apply to hearings conducted under this chapter.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Each party may represent themselves, or be represented by anyone of their choice.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or which may appear in any of the official records of the city or any of its departments.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The hearing examiner may inspect the premises involved in the hearing prior to, during or after the hearing; provided, that:

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

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

C. The hearing examiner 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;

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

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance:

A. The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the owner to commence abatement of the nuisance not later than 15 days after the issuance of the decision, and that the abatement be completed within such time as specified by the hearing examiner, or in the alternative, within the time designated by the enforcement official. The decision shall inform the owner that if the nuisance is not abated within the time specified, the nuisance may be abated by the city in such manner as may be ordered by the enforcement official and the expense thereof made a lien or special assessment upon the property involved.

B. The decision shall also state that the city, as the prevailing party, is entitled to recovery of attorneys' fees as part of its costs in the nuisance abatement action.

C. The decision shall also inform the applicant that the time for judicial review is governed by Section 1094.6 of the California Code of Civil Procedure. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing examiner and served as herein provided.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 7)

Upon issuance of the decision, the enforcement official shall post a copy thereof conspicuously on the premises involved and shall serve a copy on the record owner, in the same manner as set forth in RCMC § 16.18.503(B), and one copy shall be served on each of the following, if known to the enforcement 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 the holder of any other estate or legal interest of record in the premises.

(SCC 0982 § 1, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 50-2004 § 10)