Sacramento Municipal Code Art. IX Recovery of Cost of Repair or Demolition

The building official shall keep an itemized account of the expenses incurred by the city in the notice and order and the repair, demolition or securing of any building or structure done pursuant to the provisions of this chapter; or pursuant to the provisions of Section 8.100.860 of this title. Upon the completion of the work, such building official shall prepare and file with the city clerk a report specifying the work done, the itemized and total cost of the work and notice and order, a description of the real property upon which the building or structure is or was located and the names and addresses of the persons entitled to notice pursuant to subsection C of Section 8.96.130 of this chapter. (Ord. 2009-014 § 1; prior code § 50.09.901)

Upon receipt of the report, the city clerk shall present it to the housing board for consideration. The housing board shall fix a time, date and place for hearing the report, and any protests or objections thereto. The city clerk shall cause notice of the hearing to be mailed by certified mail, postage prepaid, addressed to the persons entitled to notice pursuant to subsection C of Section 8.96.130 of this chapter as their names and address appear on the last equalized roll of the county, if such so appears, or as know to the clerk. Such notices shall be mailed at least thirty (30) days prior to the date set for the hearing and shall specify the day, hour, and place when the housing board will hear and pass upon the building official's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. All costs associated with serviced of the notice shall be added to total expenses to be reviewed by the housing board. (Ord. 2009-014 § 1; Ord. 2006-071 § 3; prior code § 50.09.902)

Any person interested in or affected by the proposed charge may file written protests or objections with the code enforcement department at least ten (10) days prior to the time set for the hearing on the report of the building official. Each written protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The code enforcement department shall endorse on every such protest or objection the date it was received. The code enforcement department shall present such protests or objections to the housing board at the time set for the hearing, and no other protests or objections shall be considered. Any protests or objections not filed in writing at least ten (10) days prior to the date set for the hearing on the report of the building official and for which city staff is not prepared to address, shall be continued to the date of a future hearing on such reports for consideration by the housing board. (Ord. 2009-014 § 1; Ord. 2006-071 § 4; prior code § 50.09.903)

Upon the day and hour fixed for the hearing the housing board shall hear and pass upon the report of the building official together with any such objections or protests. The housing board may make such revision, correction or modification of the report or the charge as it may deem just; and in the event the housing board is satisfied with the correctness of the charge, the engineer's report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the housing board on the report and the charge and on all protests or objections, shall be final and conclusive. (Ord. 2009-014 § 1; prior code § 50.09.904)

A. After the housing board's hearing provided in this article, the city clerk shall transmit the report to the city council. The city clerk shall also send the results of the hearing by first class mail to the objecting owners who appeared before the housing board, and shall include the date and time of the public hearing to be held by the city council no less than ten (10) days after the mailing in accordance with this section. Upon receipt of the housing board's report, the city clerk shall schedule a public hearing at which the city council shall confirm, reject or modify the report and determine the costs of abatement. The public hearing shall be limited to the issue of whether the housing board hearing provided in this chapter was conducted in accordance with applicable city ordinances. Only those owners who both file an objection or protest and appear before the housing board shall be permitted to protest at the city council hearing.

B. Upon taking action under subsection A, the city council may order that the costs of abatement be made a personal obligation of the property owner and either a nuisance abatement lien or a special assessment against the property.

C. If an action or proceeding is commenced to recover the costs, the prevailing party shall be entitled to recover reasonable attorneys' fees, provided that, pursuant to California Government Code section 38773.5, attorneys' fees shall only be available where the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys' fees. In no action or 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.

D. A nuisance abatement lien may be recorded and enforced against the property pursuant to the provisions of California Government Code section 38773.1. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. As part of the foreclosure action, the city may recover reasonable attorneys' fees and costs including, but not limited to, costs incurred for processing and recording the lien and providing notice to the property owner.

E. As an alternative to a nuisance abatement lien, the costs of abatement may be made a special assessment against the property. The special assessment may be collected at the same time and in the same manner as ordinary municipal taxes and shall be subject to the same penalties and procedures, including the sale of the property in case of delinquency, as provided for ordinary municipal taxes. The special assessment shall continue until the assessment and all interest and penalties due and payable thereon have been paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. (Ord. 2006-047 § 2; prior code § 50.09.905)

A certified copy of the assessment shall be filed with the county auditor on or before August 15th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. (Prior code § 50.09.906)