Rancho Cordova Municipal Code Art. IV Enforcement Proceedings

A. Commencement of Proceedings. Whenever the director has inspected, or caused to be inspected, any dwelling, and has determined that a violation of this chapter exists, the same being declared to be a public nuisance, the director shall institute any appropriate action or proceedings to abate the violation by repair, rehabilitation, vacation or demolition of the building consistent with the procedures established herein or otherwise available by law.

B. Notice and Order. The director shall issue a notice and order directed to the owner(s) of the dwelling, as shown in the public record, and to all parties in interest. The notice and order shall contain:

1. Address. The street address and assessor's parcel number or such other legal description sufficient for identification of the premises upon which the dwelling is located.

2. Nature of Violation. A statement that the director has found the dwelling, or portion thereof, to be substandard and a brief factual description of each and every condition found to render the dwelling, or portion thereof, substandard as defined in this chapter. The notice and order shall contain the specific codes being violated.

3. Action Required. A statement of the action required to be taken as determined by the director. The action required may advise as follows:

a. Repair. If the director has determined that a dwelling must be repaired, then the director shall order the dwelling or portion thereof to be repaired within such time as the director determines is reasonable under all of the circumstances, including the purposes and intent for enactment of this chapter.

b. Choice between Repair and Demolition. The owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the director shall require that the building be brought into compliance with this chapter according to a reasonable and feasible schedule for expeditious repair. If the owner chooses to demolish the dwelling, all required permits for demolition must be secured within 30 days from the date of the order, and that the demolition be completed within such time as the director determines is reasonable under all of the circumstances, including the purposes and intent for enactment of this chapter. If the owner fails to make a timely choice, fails to repair on schedule, or selects an option which cannot be completed in a reasonable time as determined by the director, for any reason, the city may itself institute abatement actions, including demolition, if it determines repair is not economically feasible and may thereafter seek to recover all costs thereby incurred from the owner which may become a lien against the subject property as a special assessment collectable in the same manner as city taxes.

c. Vacation. If the director has determined that the building, or portion thereof, is in such condition as to make it immediately dangerous to the life, health, property or safety of its occupants, the public or adjacent property, the order shall require that the building, or portion thereof, shall be vacated within a time certain from the date of the order as determined by the director to be reasonable under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent for enactment of this chapter.

d. Securing Against Entry. If the building is to be vacated, the director shall require that the building, or portion thereof, be boarded and fenced against entry as provided in Chapter 16.23 RCMC. The latest specification for the boarding of vacant properties issued by the United States Department of Housing and Urban Development shall be followed, or such other similar plans and specifications for boarding vacant properties as may be promulgated by the state or federal agencies and are designed to adequately protect against entry without creating any unreasonable risk to the life, health, property, safety, or welfare of the public.

e. Eliminate Risk of Hazardous Material. If, following an inspection of a building or any portion thereof, the director determines, in writing, that there is reasonable cause to believe that because of the presence of friable asbestos or other hazardous material there is a serious risk to the life, health, property, safety, or welfare of its occupants, the public, or the adjacent neighborhood, then the director may order the owner of the building or the portion thereof to take all steps necessary to eliminate the risk within a time certain from the date of the order as determined by the director to be reasonable under all of the circumstances, including the safety of the occupants and the public as well as the purposes and intent for enactment of this chapter. To confirm the elimination of the risk, the owner of the building, or portion thereof, shall, at his or her expense and within the same time certain as established in the order, obtain the services of a qualified health professional acceptable to the director to perform a comprehensive site assessment and prepare a written report to the director detailing the absence of the risk.

4. Time Requirement to Commence Required Work. Statements advising that if any required repair or demolition work is not commenced within the time specified, the director may, if warranted, order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs thereof against the property or to its owner, or both.

5. Possible Sanctions for Noncompliance. Statement advising that if all required actions are not completed in accordance with the order, and in compliance with the housing code, any or all of the following remedies may be employed:

a. Assessment of reinspection fees as described in Article XI of this chapter;

b. Enjoin owner from collecting rents, encumbering or transferring the property;

c. Assessment of all costs of enforcement and abatement as a lien against the property, including costs for inspections, repair, boarding and fencing, vacation, demolition, appointment of a receiver, and all costs and fees of the receiver including the receiver's power to encumber the property, relocating the occupants, and reasonable attorneys' fees and costs;

d. Penalties including, but not limited to, civil contempt orders, civil penalties, criminal misdemeanor and/or infraction convictions including fines and jail time in certain instances;

e. Inability to deduct from state taxes, expenses for interest, taxes, depreciation or amortization associated with the building, pursuant to Section 17274(a) of the California Revenue and Taxation Code; and

f. Such other injunctive and legal relief as may be warranted under the particular circumstances presented.

6. Lien for All Costs of Abatement. Statement advising that upon completion of all repairs or demolition, the director may present all costs of enforcement, including costs of repair or demolition ordered under this chapter, to the city council for review and confirmation and possible assessment as a lien against the subject property as provided under RCMC § 16.20.750 concerning recovery of costs of repair or demolition.

C. Service of Notice. The notice and order and all notices required to be given by this section shall be served on the responsible party either by personal service, by first class mail, or by certified mail, return receipt requested. Additionally, a copy of the notice and order shall be conspicuously posted at the property which is the subject of the violation.

D. Failure to Receive Notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this section.

(Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 26-2007 § 5)

A. Parties Entitled to Service. The notice and order, and any amended or supplemental notice and order, shall be served upon the owner, the occupant(s) and every party in interest as well as posted on the property; and one copy thereof shall be served on each of the following if known to the director or disclosed from the public record:

1. The holder of any mortgage or deed of trust or other lien or encumbrance of record;

2. The owner or holder of any lease of record; and

3. The holder of any other estate or legal interest of record in or to the building or portion thereof or the land on which it is located.

B. Effect of Failure to Serve Notice. The failure of the director to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served, or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section or by law.

C. Method of Service.

1. Address Known. Service of the notice and order shall be made on all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the director. Service shall be effective for all purposes upon receipt if personally served, or within five days of mailing as herein provided.

2. Address Unknown. If no address of any such person so appears or is known to the director, then a copy of the notice and order shall be mailed, addressed to such person, to the address of the building or portion thereof involved in the proceedings. The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this section or by law.

D. Proof of Service. Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the person(s) effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the director.

(SCC 1146 § 10, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Notice of Pending Enforcement Action. If compliance with an order is not had within the time specified therein or any extension authorized by the director, and no appeal has been properly and timely filed, the director shall file in the office of the Sacramento County recorder a notice describing the property and certifying that: (1) the dwelling or portion thereof is a nuisance as defined in this chapter; and (2) the owner has been so notified.

B. Certificate of Abatement. Whenever the repairs ordered shall thereafter have been completed or the dwelling demolished so that it no longer exists as a nuisance on the property described in the certificate, the director shall file a new certificate with the Sacramento County recorder certifying that the dwelling or portion thereof has been repaired, or demolished, and that the dwelling or portion thereof is no longer a nuisance, whichever is appropriate under the circumstances.

(SCC 1146 § 11, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Owner's Choice. Upon issuance of a notice and order, the owner shall have the choice of repairing or demolishing the dwelling or portion thereof at issue. However, if the owner chooses to repair the dwelling, the director shall require that the dwelling be brought into compliance according to a reasonable and feasible schedule for expeditious repair.

B. City's Authority to Act. Where the director determines in light of the purpose and intent of this chapter that the violations of this chapter are extensive and of such a nature that the health and safety of the occupants or the public is substantially endangered, the city itself may cause the vacation of the dwelling, repair, demolish or institute any other appropriate action or proceeding if any of the following occur:

1. The repair work is not done as scheduled.

2. The owner does not make a timely choice of repair or demolition.

3. The owner selects an option which cannot be completed within a reasonable period of time, as determined by the director, for any reason, including, but not limited to, an outstanding judicial or administrative order.

C. Preferences. In deciding whether to require vacation of the dwelling or to repair as necessary, the director shall give preference to the repair of the dwelling whenever it is economically feasible to do so, without having to repair more than 75 percent of the dwelling, as determined by the director, and shall give full consideration to the needs for housing in the city's housing element.

If the director has determined that it is not economically feasible to repair the building or portion thereof, and that the dwelling must be demolished, then the director shall require the dwelling to be vacated within such time (not to exceed 30 days from the date of the order) as the director shall determine is reasonable under all of the circumstances including the purposes and intent for enactment of this chapter; all required permits for demolition be secured within 30 days from the date of the order; and that the demolition be completed within such time as the director shall determine is reasonable under all of the circumstances including the purposes and intent for enactment of this chapter. The economical feasibility to repair shall be determined as follows:

1. On the basis of a written appraisal of the dwelling performed by a qualified appraiser establishing its fair market value in its condition at the time of the notice and order issued under this chapter and its fair market value if repaired so as to meet the standards set forth in this chapter; and

2. On the basis of a written estimate prepared by a licensed general contractor detailing the repairs required to be made and the cost of the repairs.

Notice of the director's determination to demolish the dwelling or portions thereof shall be given to the owner and all parties in interest upon the director's determination that it is not economically feasible to repair the dwelling, along with the notice of right to appeal such determination as provided under Article VI of this chapter.

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

If the director has determined that the dwelling or portion thereof is in such a condition as to make it immediately dangerous to the life, health, property or safety of its occupants, the public or adjacent property, the director shall order that the dwelling, or portion thereof, shall be vacated within a time certain from the date of the order as determined reasonable by the director under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent of this chapter. The director shall give notice of this order as provided in RCMC § 16.20.400(C) concerning method of service and shall post such order as herein described.

The director shall not require the vacating of a dwelling unless the director concurrently requires expeditious demolition or repair to comply with the housing code.

A. Posting. Every notice to vacate shall, in addition to being served as provided in RCMC § 16.20.400(C), be posted at or upon each exit of the dwelling and shall be in substantially the following form:

B. Securing. Whenever the director determines that a substandard dwelling constitutes an immediate threat to the public health or safety, the director may secure the structure in accordance with the provisions in Chapter 16.23 RCMC.

C. Compliance. Whenever such notice is posted, or a structure boarded pursuant to Chapter 16.23 RCMC, the director shall include a notification thereof in the notice and order issued by him or her under RCMC § 16.20.400(C), reciting the existence of an immediate danger requiring the need to keep the premises unoccupied and specifying the conditions which cause the immediate danger. No person shall remain in or enter any dwelling which has been so posted, except that the entry may be made to repair, demolish or remove such dwelling under a proper permit issued by the director. No person shall remove or deface any such notice after it is posted until the required repairs or demolition have been completed and approved by the director as meeting the housing code and the other applicable standards of this chapter. No person shall remove or deface any boards without the prior written permission of the director. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in RCMC § 16.18.205. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 23, 1999].

Notwithstanding any provision herein to the contrary, occupants of a dwelling which is the subject of a notice and order issued under this chapter shall be provided notice of any violation described therein, including any decision by the director or the city to vacate, repair or demolish, and the issuance of a building permit or demolition permit following issuance of such notice and order by the director.

The notice described hereinabove may be provided either by first class mail to each affected dwelling unit, or by posting a copy of the document in a prominent place on the affected dwelling at the discretion of the director.

(SCC 1146 § 24, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The remedies provided in this chapter are cumulative, and shall be in addition to any other remedies provided by law.

(SCC 1146 § 25, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)