Rancho Cordova Municipal Code Ch. 16.23 Boarding of Vacant Structures in Abatement Proceedings

Proceedings for the abatement of substandard dwellings and dangerous buildings are governed by Chapters 16.20 and 16.22 RCMC, respectively. From time to time, such proceedings concern vacant buildings which are unsecured and accessible to unauthorized persons. Unauthorized persons do in fact trespass upon, congregate within and occupy such vacant buildings. Such trespass and occupancy produce criminal activity, principally the illegal selling and serving of drugs and repeated vandalism, create blight, make the buildings fire and safety hazards to the adjacent community, and threaten the health and safety of the trespassers and occupants and the general public. Such unsecured structures are hereby declared to be public nuisances.

Existing ordinances do not provide for the securing of such structures pending the conclusion of enforcement proceedings commenced under Chapter 16.20 or 16.22 RCMC. The purpose of this chapter is to authorize such action as a part of such proceedings, and provide for recovery of the city's costs incurred in connection therewith.

(SCC 0790 § 1, 1990; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

As used in this chapter, the following definitions shall apply:

"Chief"

means the chief of the building and safety department, and any subordinate employee to whom he or she delegates responsibility for purposes of this chapter.

"Dangerous building"

means a building described by RCMC § 16.22.100 which is vacant, whether a discrete structure or a unit within a multi-unit structure.

"Director"

means the director of the neighborhood services division, and any subordinate employee to whom he or she delegates responsibility for purposes of this chapter.

"Substandard dwelling"

means a building described by Chapter 16.20 RCMC which is vacant, whether a discrete structure or a unit within a multi-unit structure. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1075 § 10, 1997; SCC 0790 § 1, 1990].

This chapter shall apply to every substandard dwelling and every dangerous building within the city of Rancho Cordova.

(SCC 0790 § 1, 1990; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4; Ord. 38-2007 § 1 (Exh. 1(A)))

The director shall administer and enforce this chapter. The director shall assist in the inspection of structures, and in the presentation of evidence at hearings held pursuant to RCMC § 16.23.070, upon request by the director. Nothing herein shall be construed as limiting the authority of the director, as successor to the powers and duties vested by Chapters 16.20 and 16.22 RCMC in the director of the neighborhood services division, to initiate an inspection pursuant to RCMC § 16.20.340 or § 16.22.203. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1075 § 11, 1997; SCC 0790 § 1, 1990].

A. The director may require any structure that constitutes a substandard dwelling or a dangerous building and is not undergoing active repair to be secured within a maximum of seven days of the notice. Securing may include both fencing and boarding. Whenever the director determines that a substandard dwelling or a dangerous building constitutes an immediate threat to the public health or safety, or the owner fails to secure it after being required to do so, the director shall secure such structure in accordance with the terms of this chapter. Any required boarding of such structures shall be in accordance with plans and specifications for the boarding of vacant properties issued by the United States Department of Housing and Urban Development or such other plans or specifications as may be deemed necessary or desirable by the director in his or her sole discretion. The director may have such plans and specifications prepared, and such securing and all services incidental thereto performed, by city personnel or by contract in the manner provided by Chapter 16.20 RCMC, if a substandard dwelling, or Chapter 16.22 RCMC, if a dangerous building.

B. The director may also order the structure to be boarded with boards painted with red paint. In addition to any notices posted pursuant to Chapters 16.20 and 16.22 RCMC, the director may order that a sign be erected on the boards which shall be in substantially the following form:

(SCC 0790 § 1, 1990; SCC 1075 § 12, 1997; SCC 1090 § 10, 1997; SCC 1125 § 12 1999; SCC 1146 § 35 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The director shall give written notice of any securing required pursuant to this chapter as a part of the notice required by RCMC § 16.20.400, if a substandard dwelling, or RCMC § 16.22.404, if a dangerous building. If the director secures the property, such notice shall be given as part of the notice required by RCMC § 16.20.750 or § 16.22.500. The notice shall be issued within three business days following the completion of such securing. Such notice shall include a description of the conditions found to constitute an immediate threat to the public health or safety, whether the structure was boarded with red boards, and/or whether the owner's name and telephone number were posted on the boards.

(SCC 0790 § 1, 1990; SCC 1090 § 11, 1997; SCC 1146 § 36, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Any person to whom notice is issued pursuant to RCMC § 16.23.060 shall have the right to contest the director's decision to secure the structure at the hearing provided pursuant to RCMC § 16.20.500, if a substandard dwelling, or RCMC § 16.22.404, if a dangerous building. At the hearing the director shall have the burden of proving, by a preponderance of the evidence, that (A) the structure was not locked or otherwise secured against random access, and (B) conditions existed rendering the structure a threat to the public health or safety.

(SCC 0790 § 1, 1990; SCC 1090 § 12, 1997; SCC 1146 § 37, 1999; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

If the director's decision to secure is either not contested pursuant to RCMC § 16.23.070, or, following hearing thereon, is sustained by the hearing officer, the city's costs of securing pursuant to RCMC § 16.23.050, including, but not limited to, the costs of all services rendered by or on behalf of the city in connection therewith, shall be assessed and collected in accordance with RCMC § 16.20.750 through § 16.20.760, if a substandard dwelling, or RCMC § 16.22.500 through § 16.22.505, if a dangerous building. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 38, 1999; SCC 1090 § 13, 1997; SCC 0790 § 1, 1990].