Sacramento Municipal Code Art. XI Notices and Orders of Director

Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, the building official shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition of the building in the manner specified by this article. (Prior code § 49.11.1101)

A. If the building official determines, in connection with the inspection of any building, that the same is unoccupied, and concludes that the occupation of the building by any person would be immediately dangerous to the life, limb, safety or health of such person, he or she may cause the building to be posted as provided in Section 8.100.860 of this chapter, and may cause such utilities to be disconnected as may be necessary to eliminate the hazard and to prevent occupancy.

B. After posting the building as provided in this section, the building official shall immediately commence proceedings as provided in this chapter.

C. The notice posted on any building pursuant to this section may be removed by action of the building official, by order of the board, or pursuant to Section 8.100.860 of this chapter. (Prior code § 49.11.1102)

A. Except as otherwise provided in this article, the building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

1. The street address and a legal description sufficient for identification of the premises upon which the building is located;

2. A statement that the building official has found the building to be substandard with a brief and concise description of the conditions found to render the building substandard under the provisions of this chapter;

3. A statement of the action required to be taken;

4. A statement advising that any person having any record title or legal interest in the building may appeal from the notice and order provided that the appeal is made in writing as provided in this chapter;

5. A statement that failure to appeal the notice and order will constitute a waiver of all right to an administrative hearing and will be a final determination of the matter subject only to review pursuant to California Code of Civil Procedure Section 1094.5; and

6. A statement that the appeal request must be in writing and filed with the building official within thirty (30) days of service of the notice and order.

B. Fee Imposed.

1. The following fees are imposed on the owner of any property for which a notice and order is issued pursuant to this chapter:

a. A notice and order to repair, rehabilitate, or demolish fee to recover the cost of enforcement, including all inspections of the property prior to issuance of a notice and order and all administrative costs associated with issuance of a notice and order.

b. A housing and dangerous building monitoring fee imposed for each additional inspection of the property after the notice and order issued pursuant to this chapter becomes final.

c. A termination of declaration fee imposed at the conclusion of any matter in which a notice and order has been issued to recover the cost of closing the file, removing or placing liens, and other associated administrative costs.

2. The amounts of the fees described in subsection B shall be set by city council resolution. These fees shall be due and owing regardless of whether the public nuisance is eliminated in response to the notice and order.

3. Fees-Imposition and appeal.

a. A housing and dangerous building monitoring fee imposed may be appealed and shall be collected in the same manner as is specified in Section 1.28.010(D).

b. The notice and order fee and the termination of declaration fee are due and payable within thirty (30) days of the notice of fee imposition. If an appeal is filed, the fees shall be due and payable upon a final decision on the appeal. Any fee not timely paid within that time shall be collected pursuant to the procedure set forth in Article IX of Chapter 8.96. (Ord. 2016-0028 § 3; prior code § 49.11.1103)

The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building 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 or to the building or the land on which it is located. The failure of the building official 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 by the provisions of this section. (Prior code § 49.11.1104)

Service of the notice and order may be made upon all persons entitled thereto in the manner described in Section 1.04.100 of this code. Service may be made upon the record owner at his or her or their address as it appears on the latest equalized assessment roll of Sacramento County, or as known to the director. (Ord. 2006-070 § 4; Ord. 2004-008 § 20; prior code § 49.11.1105)

Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official. (Prior code § 49.11.1106)

A. Form of Appeal. Any person having any record title or legal interest in the building may appeal from any notice and order or any action of the building official under this chapter by filing at the office of the building official within thirty (30) days from the date of service such notice and notice, a written appeal containing:

1. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;8.100.760

2. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;

4. The signatures of all parties named as appellants and their official mailing addresses;

5. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Processing of Appeal. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the building official shall transmit said appeal to the secretary of the housing code advisory and appeals board who shall calendar it for hearing as follows:

1. If the appeal is received by the building official not later than fifteen (15) days prior to the next regular meeting of the board, it shall be calendared for hearing at said meeting.

2. If the appeal is received by the building official on a date less than fifteen (15) days prior to the next regular meeting of the board, it shall be calendared for hearing at the next subsequent meeting of the board.

C. Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.

D. Appeal Fee. The building official may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, housing board compensation, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The building official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply with the order(s). (Prior code § 49.11.1107)

Failure of any person to file a timely appeal in accordance with the provisions of Section 8.100.760 of this chapter shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof, subject only to review pursuant to California Code of Civil Procedure Section 1094.5. (Prior code § 49.11.1108)

Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal. (Prior code § 49.11.1109)

Except for orders to vacate and utility disconnection orders made pursuant to Section 8.100.710 of this chapter, enforcement of any notice and order of the building official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Prior code § 49.11.1110)

A. Hearing by Housing Code Advisory and Appeals Board. At the time fixed in the notice required by Section 8.100.760(C) of this chapter, the board shall proceed to hear the testimony of the building official or the building official's authorized representatives and the testimony of the appellant, other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.

B. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board.

C. Reporting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such report is provided by the appellant at appellant's own expense.

D. Continuances. The board may, upon request of the appellant or the building official, grant continuances from time to time for good cause shown, or upon its own motion.

E. Oaths-Certification. In any proceedings under this chapter, the board has the power to administer oaths and affirmations and to certify to official acts.

F. Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. (Prior code § 49.11.1111)

A. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. Government Code Section 11513, subsections (a), (b) and (c) as presently written or hereinafter amended shall apply to hearings under this chapter.

B. Oral Evidence. Oral evidence shall be taken only upon oath or affirmation.

C. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

D. Rights of Parties. Each party shall have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence presented against the party;

6. To present himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so.

E. Official Notice. 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 of official records of the board or departments and ordinances of the city or rules and regulations of the board. (Prior code § 49.11.1112)

A. The housing code advisory and appeals board may, with the owner(s)' consent, inspect the building and premises involved in the hearing prior to, during, or after the hearing, provided that:

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

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

3. The housing code advisory and appeals board 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.

B. Each party than shall have a right to rebut or explain the matters so stated by the housing code advisory and appeals board either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

C. Neither an inspection warrant nor the owner(s)' consent to inspect the building and surrounding properties is required if such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located. (Prior code § 49.11.1113)

A. If it is shown, by a preponderance of the evidence, that the owner has violated provisions of this chapter, then the board shall order the owner to correct the substandard conditions or demolish the building within a reasonable time. The board shall also order that if the owner fails, refuses or neglects to correct the substandard conditions or demolish the building within the time set forth in its order that the city may repair or demolish the building or institute an action to compel compliance with its order. The decision shall be a final decision and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, the requirements to be complied with. A copy of the order shall be delivered to the appellant personally or sent to him or her by certified mail, postage prepaid, return receipt requested.

B. The order shall also inform the appellant that the decision of the board is a final decision and that the time for and manner of judicial review is governed by California Code of Civil Procedure Section 1094.5. (Prior code § 4.11.1114)