Sacramento Municipal Code Art. V Abatement Generally

Whenever the department head has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this code, he or she may commence proceedings to cause abatement of the nuisance as provided herein. (Prior code § 61.05.501)8.04.110

To commence nuisance abatement proceedings, the department head shall issue a notice of violation and order to abate (notice and order) directed to the record owner(s) of the premises. The notice and order shall contain:

A. The street address and/or such other description as is required to identify the premises;

B. A statement specifying the conditions which constitute the nuisance and declaring such conditions to be a public nuisance pursuant to Section 8.04.100 of this chapter;

C. A statement of the action required to be taken to eliminate the public nuisance;

D. A statement ordering the owner to abate the nuisance prior to a set date;

E. A statement advising that any person having any record title or legal interest in the premises may appeal the notice and order provided that the appeal is made in writing as provided in Section 8.04.170 of this chapter;

F. A statement that the appeal request must be in writing and filed with the department head within thirty (30) days of service of the notice and order;

G. 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;

H. If the city intends to seek attorney's fees pursuant to Section 38773.5 of the Government Code, a statement that the city intends to seek and recover attorney's fees. (Prior code § 61.05.502)

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

1. A notice and order to abate a public nuisance 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.

2. A code compliance monitoring fee imposed for each additional inspection of the property after the notice and order issued pursuant to this chapter becomes final.

3. 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.

B. The amounts of the fees described in subsection A 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.

C. Fees-Imposition and appeal.

1. A code compliance monitoring fee imposed may be appealed and shall be collected in the same manner as is specified in Section 1.28.010(D).

2. 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 § 1; prior code § 61.05.503)

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 department head 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 department head 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 § 61.05.504)

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 department head. (Ord. 2006-070 § 2; Ord. 2004-008 § 22; prior code § 61.05.505)

Proof of service of the notice and order shall be certified by 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 acknowledgment of receipt by certified mail shall be made part of the department's permanent record. (Prior code § 61.05.506)

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

1. A brief statement setting forth the legal interest of each of the appellants in the premises involved in the notice and order;

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, with statements from each appellant that each agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the hearing examiner at such address;

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 department head shall transmit said appeal to the secretary of the hearing examiner who shall calendar it for hearing as follows:

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

2. If the appeal is received by the department head on a date less than fifteen (15) days prior to the next appeal hearing, it shall be calendared for the next subsequent appeal hearing.

C. Noticing Appeal for Hearing. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant by the secretary of the hearing examiner 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 department may collect and require an appeal fee to be paid at the time the written appeal notice is filed. 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, hearing examiner compensation, preparation and service of notices and staff appearance in the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed provided that the department head may waive or defer 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.

E. Effect of Failure to Appeal. Failure of any person to file a timely appeal in accordance with the provisions of this section 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.

F. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.

G. Staying of Order Under Appeal. Enforcement of any notice and order of the department head issued under this title shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Prior code § 61.05.507)

At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the department head, the owner, and other competent persons respecting the condition of the premises, and other relevant facts concerning the matter. (Prior code § 61.05.508)

A. The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

B. Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.6, as presently written or hereinafter amended. (Prior code § 61.05.509)

The hearing examiner may, upon request of the owner of the premises or upon request of the department head, grant continuances from time to time for good cause shown, or upon his or her own motion. (Prior code § 61.05.510)

The hearing examiner or designee shall administer the oath or affirmation. (Prior code § 61.05.511)

Government Code of the State of California, Section 11513, subsections (a), (b) and (c), as presently written or hereinafter amended, shall apply to hearings under this title. (Prior code § 61.05.512)

A. Each party may represent themselves, or be represented by anyone of their choice.

B. If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing. (Prior code § 61.05.513)

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 which may appear in any of the official records of the city or any of its departments. (Prior code § 61.05.514)

A. The hearing examiner may inspect the 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 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.

B. 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. (Prior code § 61.05.515)

If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance:

A. The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also require the owner to commence abatement of the nuisance not later than fifteen (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 department head. The decision shall inform the owner that if the nuisance is not abate d within the time specified, the nuisance may be abated by the city without further notice in such manner as may be ordered by the department head and the expense thereof made a lien on the property involved and/or a personal obligation.

B. The decision shall also inform the applicant that the time for judicial review is governed by California Code of Civil Procedure Section 1094.6. Copies of the decision shall be forthwith delivered to the parties personally or sent to them by certified mail. The decision shall be final when signed by the hearing examiner and served as herein provided. (Prior code § 61.05.516)

Upon issuance of the decision, the department head shall post a copy thereof conspicuously on the premises involved and shall serve a copy on the record owner, in the same manner as set forth in Section 8.04.150 of this chapter, and one copy shall be served on each of the following, if known to the department head 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 the premises. (Prior code § 61.05.517)