Rancho Cordova Municipal Code Art. IV Abatement Procedure

Upon a determination by the director, following an inspection of the building, structure or premises, that a dangerous building is present, the director may commence summary or administrative process to abate the nuisance, as provided herein, or may commence abatement in any other manner or process provided by law or in equity.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Upon a determination by the director, following an inspection of the premises, that a dangerous building is present, the director shall cause a notice of pending enforcement action to be recorded in the office of the Sacramento County recorder by the city. The notice of pending enforcement action shall contain statements providing the following information regarding the premises:

1. A sufficient description to identify the subject property;

2. Certify that the director has determined that the property is the site of a dangerous building and is a public nuisance; and

3. That the owner has been so notified.

B. When the enforcement action has been fully resolved and all costs associated therewith finally settled, a certificate of abatement shall be issued to the owner of the subject property who may record same, at the owner's expense, in the office of the Sacramento County recorder. The certificate of abatement shall state the following regarding the premises:

1. A sufficient description to identify the subject property;

2. Reference to the earlier recorded notice of pending enforcement action; and

3. Certify that the premises is no longer the site of a dangerous building, that the nuisance has been abated, and that the property is no longer subject to a pending enforcement action.

C. The notice of pending enforcement action shall be given constructive notice effect from the date it is recorded.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. If a dangerous building is found to exist and, in the reasonable discretion of the director, such dangerous building is determined to be imminently dangerous to the health, safety or welfare of the public, the occupants, or the neighbors of such premises, the same may be abated forthwith by the city without compliance with the provisions of this code requiring advance notice and an opportunity for a hearing. A written finding shall be executed by the director which shall set forth in concise language reasons in support for the determination that a dangerous building is imminently dangerous. The written finding need not be exhaustive in specifying violations noted and factors considered in reaching the determination. For purposes of this section, "imminently dangerous" shall mean that the condition of the dangerous building, if abated according to the procedures set forth in this code requiring notice and an opportunity for a hearing, may, during the pendency of those proceedings, subject the public, occupants, or neighbors, or the property of such, to potential harm of a serious nature.

B. Having made such a determination to conduct summary abatement, the director is authorized to take all actions which are reasonable and necessary to abate the nuisance for the protection and welfare of the public, including demolition of the premises.

C. Occupants, if any, of such building, structure or premises, may be ordered by the director, or a peace officer acting pursuant to the request of the director, to vacate without requiring advance notice and an opportunity for a hearing. Such order to vacate shall be in writing signed by the director. It shall be unlawful to fail to obey such order to vacate.

D. Notwithstanding the above provisions, a reasonable effort shall be made by the director to notify the owner of the premises in advance of such summary abatement. No such notice shall be required if the director determines that there is good cause to forego giving such notice. For purposes of this section, "good cause" includes, but is not limited to, when the owner is unavailable or is avoiding service of process.

E. In reviewing the director's decision that an imminently dangerous building was present, and in reviewing the actions taken by the city in conducting summary abatement thereof, the court shall presume that the director's decision was properly made and that the city's actions were lawful, reasonable and appropriate.

F. The cost of summary abatement of the nuisance, including all costs incurred by the city in conducting the abatement, all administrative costs of any enforcement action taken under this code, and all relocation benefits required to be paid by the city, if any, may be assessed against the owner or made a lien against the premises as provided in Article V of this chapter; except, that in the event a court of competent jurisdiction decides the action taken under this section was improper, no lien shall be assessed.

G. Attorneys' Fees. Pursuant to Section 38773 of the Government Code, attorneys' fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; SCC 1066 § 12, 1997; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(J)))

If a dangerous building is found to exist on any premises, the director may initiate administrative abatement proceedings as set forth in this code. Generally, the administrative abatement process shall consist of giving advance notice to the owner and all interested parties of the violation of this code and afford an opportunity for a hearing on the issues involved prior to the abatement of the nuisance by the city.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Contents. To initiate the administrative abatement process, the director shall issue a written notice and order directed to the owner of the premises and all parties in interest. The notice and order shall contain the following:

1. Description of Premises. The street address, assessor's parcel number or such other descriptive information as is reasonably available to sufficiently identify the premises on which the building or structure is located.

2. Violation(s) Noted. A concise factual statement specifying the conditions which constitute the violation(s) resulting in the premises being declared by the director to be a dangerous building and a public nuisance as defined by this code.

3. Notice to Appear and Show Cause. A notice to the owner and all parties in interest to appear before a hearing examiner from the office of city hearing officer, at a set date, time and location, but in no event less than 20 calendar days after having mailed such notice, to show cause why the premises should not be declared a public nuisance and the same ordered abated by the owner, or by the city at the owner's expense. If the director has determined that occupants must vacate the premises, the notice to appear shall also require that the owners and all parties in interest show cause why vacation of the premises should not be ordered and the premises secured by the city at the owner's expense. The notice shall state that conduct of the hearing will be pursuant to the provisions set forth in Section 11513(a), (b) and (c) of the Government Code. The owner and any party in interest may appear at the hearing and offer evidence in this matter.

4. Voluntary Abatement Option. A statement advising the owner and all parties in interest that they have the option of voluntarily abating the nuisance prior to the date set for hearing by either repair or demolition of the premises. The owner and/or the parties in interest must advise the director in writing that they will abate the nuisance, and the date of scheduled completion thereof. The director will inspect the premises on the scheduled completion date, and if the nuisance has been abated, the hearing will be taken off the calendar. If the owner and/or the parties in interest choose voluntary abatement, such abatement must be completed in accordance with all applicable city codes, including issuance of and inspection pursuant to required permits. Voluntary abatement must be completed prior to the hearing date or any extension thereof granted by the hearing officer. The owner, any party in interest or the city may request a continuance of the hearing pursuant to RCMC § 16.22.408.

5. Failure to Appear. A statement advising the owner and all parties in interest that their failure to appear at the administrative abatement hearing waives any right to an administrative hearing, a determination of this matter and their right to appeal the determination of this matter.

6. Scope of Hearing. A statement that the director may offer evidence in support of the existence of the following conditions concerning the subject property:

a. A dangerous building or structure exists on the property;

b. The repairs or demolition required to correct the violations have not been accomplished; and

c. Tenants or occupants, if any, must be ordered to vacate.

7. Possible Orders. A statement that if the hearing examiner finds by a preponderance of the evidence that the above-described conditions exist concerning the premises the hearing examiner may then order that the city may directly or by contract, and without further notice or consent of the owners or any party in interest:

a. Repair. Repair the premises in a manner appropriate under the circumstances; or

b. Demolish. Demolish the premises in a manner appropriate under the circumstances if the hearing examiner also finds by a preponderance of the evidence that it is not economically feasible to repair the premises; and

c. Vacation. Vacate the premises in a manner appropriate under the circumstances if the hearing examiner also finds by a preponderance of the evidence that occupants of the premises are or will be endangered by the condition of the premises or the abatement enforcement actions.

For the purpose of this section "not economically feasible to repair" means that the reasonable estimated cost of repair exceeds 50 percent or more of the as-is appraised value of the premises, as determined by the director.

8. Owner Responsible for Costs. A statement advising that the owner may be held personally liable for payment of all costs incurred by the city in any administrative enforcement action, including, but not necessarily limited to, fees and costs of investigation, administration, technical consultants, hearings, permits, inspections, city-performed abatement activities or those abatement activities performed by third parties at the city's request, and collection. Additionally, the premises may be subject to a special assessment lien to recover all such costs pursuant to Article V of this chapter concerning recovery of costs.

B. Service. The notice and order, 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 at his/her/their address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the director, and upon all parties in interest as their addresses may appear on the instrument of public record creating their interest in the premises. If no address appears on the instrument of public record creating their interest in the premises, then a party in interest may be served as described above, by certified mail addressed to the party in interest in care of the owner. A copy of the notice shall be posted on the premises. 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 code. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this code. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

C. Proof of Service. Proof of service shall be certified by written declaration under penalty of perjury executed by the person effecting service, declaring the identify, 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 retained by the director. Proof of posting a copy of the notice shall be certified by written declaration under penalty of perjury executed by the person effecting posting and declaring the time, date and location posting was effected.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; SCC 1066 § 13, 1997; SCC 1090 § 5, 1997; SCC 1146 § 29, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. If a dangerous building is found to exist on any premises, the director may post a warning sign on or near the premises advising the public that the building has been found to be a dangerous building and that entry is unsafe. The director's failure to post a warning sign is not to be construed as any determination on this matter whatsoever, and posting a warning sign is advisory only. It shall be unlawful and a violation of this code for any person to remove or destroy a warning sign posted pursuant to this code without the prior written permission of the director. Any warning sign posted upon a premises shall be in substantially the following form:

B. Securing. Whenever the director determines that a dangerous building constitutes an immediate threat to the public health or safety, the director may board up the structure in accordance with the provisions in Chapter 16.23 RCMC. No person shall remove or deface any such boards placed by the director 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 § 30, 1999; SCC 1125 § 10, 1999; SCC 1090 § 6, 1997; SCC 1075 § 8, 1997; SCC 1003 § 2, 1995; SCC 322 § 1 (part), 1978].

At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the director, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter. The hearing examiner shall follow the rules of procedure for conducting hearings established by this code and shall render all decisions and findings in writing which shall then be served on all parties as herein provided.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

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. It shall be the responsibility of the hearing examiner to certify the record of the hearing.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The hearing examiner may, upon request of the owner, a party in interest, or the director, grant continuances from time to time for good cause shown, or upon his/her own motion. Any continuance granted shall in no way diminish the responsibility of the owner and/or parties in interest for maintaining the premises, nor affect other requirements of this code regarding time for challenging any decisions made or actions taken.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

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

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 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 code.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Each party may represent themselves, or be represented by anyone of their choice. Each party may appear at the hearing and offer evidence in this matter and cross-examine witnesses.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 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.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 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;

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; and

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 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Form. The decision of the hearing examiner shall be in writing, shall contain findings of fact and a determination of the issues presented, and shall be issued no later than 30 days from the date of the hearing, unless the time is waived by the parties. If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance, the decision shall 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 director. If the building, structure or premises is lawfully occupied, and abatement of the nuisance may not be safely accomplished under the circumstances as a result of such occupancy, the occupants may be ordered to vacate the premises under terms reasonable under the circumstances presented. The hearing examiner may order such remedies as are reasonable under the circumstances for the protection of the public or affected property, and as are otherwise authorized by law or in equity, including the following. The owner may be responsible for satisfying all relocation benefits, as may be required by law. The premises may be ordered fenced and boarded against entry. Regular patrol of the premises to ensure the integrity of such boarding and fencing measures may be ordered. (It is not the intent of this code to allow boarding and fencing of premises to substitute for abatement of the public nuisance; such actions are to be merely interim measures, lasting only so long as is necessary to protect the public and property until full abatement may be accomplished.) The hearing examiner may order other measures which are reasonable and necessary for the protection of the public or property under the circumstances. The hearing examiner's decision shall inform the owner that if the nuisance is not abated within the time and in the manner specified, the nuisance may be abated by the city, without further notice or consent of the owner or any party in interest, in such manner as may be ordered by the hearing examiner, and the expense thereof, including all costs of enforcement, and relocation benefits required to be paid by the city as a result of the owner's failure to do so, may be made a lien on the subject property.

B. Time for Challenging Decision. The decision shall also inform the parties that the time within which one must file a challenge to the decision is governed by Section 1094.6 of the California Code of Civil Procedure.

C. Decision Final. The decision of the hearing examiner shall be final when signed and issued by the hearing examiner and served as herein provided in RCMC § 16.22.415. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1090 § 7, 1997; SCC 1003 § 2, 1995; SCC 322 § 1 (part), 1978].

Upon issuance of the hearing officer's decision, the director shall serve a copy on the owner and all parties in interest in the same manner as set forth in RCMC § 16.22.404(B) and shall post a copy thereof conspicuously on the premises involved. Proof of service and posting of the hearing officer's decision shall be effected in the same manner as set forth in RCMC § 16.22.404(C).

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; SCC 1090 § 8, 1997; SCC 1146 § 31, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Any challenge to the decision of the hearing examiner and preparation of a record of the administrative proceeding shall be governed by the provisions of Section 1094.6 of the California Code of Civil Procedure. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1003 § 2, 1995; SCC 322 § 1 (part), 1978].

A. If ordered by the hearing examiner, the director shall serve a notice to vacate concerning the premises in the manner set forth in RCMC § 16.22.404(B), and proof of service and posting of the notice to vacate shall be effected in the same manner as set forth in RCMC § 16.22.404(C). It shall be unlawful and a violation of this code for any person to remain in or enter a building which has been posted by the director with such a notice to vacate, except that entry may be made to repair, demolish or remove such building under permit. It shall be unlawful and a violation of this code for any person to remove, deface or destroy a notice to vacate posted by the director pursuant to this section without the prior written permission of the director. Any notice to vacate shall be in substantially the following form:

B. Securing. Whenever the director determines that a dangerous building 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. No person shall remove or deface any board or fence used to secure the property 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 § 32, 1999; SCC 1125 § 11, 1999; SCC 1090 § 9, 1997; SCC 1075 § 9, 1997; SCC 1003 § 2, 1995; SCC 322 § 1 (part), 1978].

No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized city representative or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or city-authorized representative, person having an estate or interest in such building, or purchaser is engaged in the work of repairing, vacating, or demolishing any such building or portion thereof pursuant to the provisions of this code or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. Procedure. When any work of repair or demolition is to be done by the city pursuant to order of the hearing examiner, the director shall issue a work order therefor and the work shall be accomplished by personnel of this jurisdiction, or by private contract under the direction of the director. If any part of the work is to be accomplished by private contract, standard public works department contractual practices shall be followed. Plans and specifications therefor may be prepared by the director, or the director may employ such architectural, engineering and other assistance on a contract basis as deemed reasonably necessary to accomplish the required tasks.

B. Costs. The cost of such work may be made a personal obligation of the property owner, or may be made a special assessment or lien against the property involved pursuant to Article V of this chapter and RCMC § 1.01.200.

(SCC 322 § 1 (part), 1978; SCC 1003 § 2, 1995; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 27-2014 § 10)