Redwood City Municipal Code § 9.14 Expenses Involved in Razing or Removing Condemned Buildings—lien on Property

For purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

OWNER: The word "owner" shall mean and include the person owning the fee interest in the building, structure or other real or personal property to which reference is made, or said owner's, agents, executors, administrators or guardians.

PUBLIC NUISANCE: For the purposes of this Article, the term used in describing a public nuisance shall include, but shall not be limited to, the following meanings:

A. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1½) times the working stress or stresses allowed in the California Building Code, 2025 Edition, for new buildings of similar structure, purpose or location.

3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the California Building Code, 2025 Edition, for new buildings of similar structure, purpose or location.

4. Wherever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (½) of that specified in the California Building Code, 2025 Edition, for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the California Building Code, 2025 Edition, for such buildings.

6. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

7. Whenever the building or structure, or any portion thereof, because of:

a. Dilapidation, deterioration, or decay;

b. Faulty construction;

c. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

d. The deterioration, decay or inadequacy of its foundation; or

e. Any other cause, is likely to partially or completely collapse.

8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (⅓) of the base.

10. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non-supporting members, enclosing outside walls or coverings.

11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become a) an attractive nuisance to children; b) a harbor for vagrants, criminals or immoral persons; or as to c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

12. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this City, as specified in the California Building Code, (2025) Edition, California Residential Code, (2025) Edition, International Property Maintenance Code, (2024) Edition, or of any law or ordinance of this State or City relating to the condition, location or structure of buildings.

13. Whether or not erected in accordance with all applicable laws and ordinances, whenever a building or structure has in any non-supporting part, member or portion, less than fifty percent (50%) of the a) strength, b) fire-resisting qualities or characteristics, or c) weather-resisting qualities or characteristics required by law for a newly constructed building of like area, height and occupancy in the same location. Whether or not erected in accordance with all applicable laws and ordinances, whenever a building or structure has any supporting part, member or portion, less than sixty-six percent (66%) of the a) strength, b) fire-resisting qualities or characteristics, or c) weather-resisting qualities or characteristics required by law for a newly constructed building of like area, height, and occupancy in the same location.

14. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

15. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connection or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.

16. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

17. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

B. A fire hazard shall mean any condition, arrangement or act which will increase or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may obstruct, delay or hinder, or may become the cause of obstruction, delay or hindrance to the prevention, suppression or extinguishment of fire.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

Every building or structure which is a dangerous building or a fire hazard as those terms are described in Section 9.5, or which is otherwise in a condition or state which endangers the life, health, property or safety of the public or its occupants, is hereby declared to be a public nuisance.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

Whenever the Building Official shall find any building or structure which is a dangerous building or a fire hazard as those terms are described in Section 9.5, or which is otherwise in a condition or state which endangers the life, health, property or safety of the public or its occupants, they shall give notice, in the manner hereinafter stated, directing the owner thereof to appear before the City Council at a stated time and show cause why such building or structure should not be condemned as a public nuisance and such nuisance be abated as herein provided. The notice shall be headed "NOTICE TO ABATE NUISANCE," in letters of not less than three-quarters (¾) of an inch in height, and shall be substantially in the following form:

NOTICE TO ABATE NUISANCE

The owner of the dilapidated building or structure situated at in the City of Redwood City, is hereby notified to appear before the City Council at its meeting to be held __________, 20___. In the City Council Chambers, 1017 Middlefield Road, in said City of Redwood City, at the hour of 7:00 o'clock P.M., or as soon thereafter as they may be heard, and show cause, if any they have, why said building or structure should not be condemned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or structure, or by razing or removing the same.

Dated, Redwood City, __________, 20___.

Building Official

The Building Official shall post conspicuously at least one (1) copy of such notice on the building or structure sought to be so condemned and shall also send another copy by registered mail, postage prepaid, addressed to the person who is named as the owner on the books of the City Assessor, in case the address of such person is known to them, but the failure to mail such notice or the failure of any owner to receive the same shall not affect in any manner the validity of any proceedings taken hereunder, providing such notice has been posted as hereinbefore mentioned. Such notice must be posted as aforesaid at least ten (10) days before the time fixed for the hearing before the City Council.

Upon giving notices as required herein, the Building Official shall file an affidavit with the City Clerk, certifying to the time and manner in which the same was done and shall also file therewith any receipt card which may have been mailed back to the City official or designee in acknowledgment of the receipt of such notice by registered mail, providing the Building Official mailed such notice in addition to posting the same.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

At the time fixed in the notice referred to in the preceding Section, the Council shall proceed to hear the testimony of the Building Official and the testimony of the owner and other competent persons, respecting the condition of the building or structure sought to be condemned, and the estimated cost of its reconstruction, repair or removal, after which the Council may condemn the same and order its razing or removal, or take such other action in the premises as they may deem advisable. The Council may continue such hearing from time to time.

If the property owner or designee fails to appear at the time fixed for such hearing, or the time to which such hearing may have been continued, the Council shall proceed to hear the testimony of the Building Official and other competent persons respecting the condition of such building or structure, after which they may pass a resolution declaring such building or structure to be a public nuisance and directing the property owner or designee to abate such nuisance within thirty (30) days from the passage of such resolution, by having such building or structure properly reconstructed or repaired, or by having the building razed or removed, and notifying them that if such nuisance is not so abated, the building or structure will be razed or removed by the Building Official and the expense thereof made a lien on the lot or parcel of land from which it was removed.

Upon the passage of such resolution, the Building Official shall post a copy thereof conspicuously on the building or structure so condemned, and mail another copy to the person named as the owner on the books of the County Assessor, and shall file an affidavit with the City Clerk certifying to the time and manner of posting a copy of such resolution, and also as to the mailing of a copy in case a copy was mailed.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

Any property owner or other interested person having any objections, or feeling aggrieved at any proceeding taken by the City Council in condemning any building or structure referred to in this Article, must bring an action in a court of competent jurisdiction within thirty (30) days after passage of the resolution referred to in the preceding Section to contest the validity of the proceedings taken by the Council; otherwise, all objections will be deemed waived.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

Thirty (30) days after posting a copy of the resolution declaring a building or structure a public nuisance as stated in this Article, the Building Official shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building or structure so condemned and, unless the nuisance is abated by the property owner or agent in the meantime, the Building Official shall thereupon raze and remove the condemned building or structure or have the same done under their direction and supervision.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

The property owner of a building or structure may, within ten (10) days after adoption of the resolution determining the existence of a public nuisance, as provided by Section 9.8, file a written notice with the Building Official requiring and authorizing to conduct a public auction of the lumber and materials contained in the building or structure. Thereafter the Building Official shall conduct a public auction for the sale of such materials.

Notice to the Property owner shall be given on forms provided by the Building Official.

Notice of the auction shall be given by the publication thereof in the official newspaper and by mailing a copy of such notice to the owner at least five (5) days prior to the date fixed for the sale. The cost of such publication shall be included in the abatement cost.

The successful bidder shall complete removal of all lumber and material purchased at the auction within fourteen (14) days after the date of the auction and shall be entitled to no refund in the event they fail to do so.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

The Building Official shall keep an itemized account of the expenses involved in the razing or removal of any condemned building or structure under this Article and deduct therefrom the amount received from the lumber and materials as provided in the preceding Section. The Building Official shall then post conspicuously on the property from which the building or structure was removed a verified statement of the gross and net expense of razing or removing the building or structure, together with a notice of the time and place when and where such statement shall be submitted to the City Council for approval and confirmation. The Building Official shall mail a copy of such statement and notice to the person named as the owner on the books of the City Assessor, if the address is known, after which the Building Official shall file an affidavit with the City Clerk certifying to the time and manner of posting such statement and notice, and also as to the mailing of a copy in case a copy was mailed. The time for submitting such statement to the Council for confirmation shall not be less than five (5) days from the posting of such statement and notice as aforementioned.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

At the time fixed for hearing on the statement of expense referred to in the preceding Section, the Council shall consider the statement and such objections as may be offered against it; whereupon, they shall modify, amend or confirm the same as submitted; provided, that they may continue such hearing from time to time. When finally confirmed, the City Clerk shall transmit a certified copy to the County Assessor and another to the County Tax Collector. In addition, at the time of delivery of the annual tax rate statement to the County, the City Clerk shall include a statement of any expenses to be collected with municipal taxes pursuant to this Article.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

Upon final confirmation of the statement of expenses referred to in Section 9.12, the expense of abating any such nuisance, less any money received from lumber or other material as mentioned in Section 9.11 shall constitute a lien on the real property upon which the same was abated or removed, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collectable at the same time and in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency; provided, that if the amount received from lumber or other materials should in any case exceed the expense of razing or removing such building or structure, then, and in that event, such excess shall be deposited with the City Treasurer to the credit of the owner and be payable to them on demand.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)

The provisions of this Article shall be construed as an alternative procedure to the procedure for the elimination of unsafe buildings set forth in Section [A] 116 of the Building Code adopted by Section 9.40.

(Ord. No. 2551, § 1(Exh. A), 9-29-25)