Sacramento Municipal Code Art. VI Enforcement of Order of Hearing Examiner

After any notice and order issued pursuant to this code shall have become final by failure to file a timely appeal or after hearing examiner's decision on appeal is rendered, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor. (Prior code § 61.07.701)

A. If, after any notice and order has become final or order of the hearing examiner on appeal is made pursuant to this chapter the person(s) to whom such order has been directed shall fail, neglect or refuse to obey such order, the department head may, without further notice:

1. Cause such person(s) to be prosecuted;

2. Institute any appropriate action to abate the conditions which constitute a public nuisance;

3. Issue an administrative penalty order pursuant to Section 1.28.010 of this code.

B. Attorney's Fees. Pursuant to Section 38773.5 of the Government Code, in any proceeding brought to enforce any order, the prevailing party shall be entitled to recover attorney's fees, provided that, pursuant to Section 38773.5, attorney's fees shall only be available in those proceedings in which the city has provided notice at the commencement of such proceedings that it intends to seek and recover attorney's fees. (Ord. 2000-017 § 4(a)(18); prior code § 61.07.702)

A. Whenever the required abatement is not completed within the time so specified in the order, the department head may, in addition to any other remedy herein provided, cause the nuisance to be abated, so as to put the premises in such a condition that no violation of this code exists thereon.

B. The cost of such abatement shall be assessed against the property as a lien or made a personal obligation of the owner thereof as provided in Article VIII of this chapter. (Prior code § 61.07.703)

A. Upon receipt of an application from the person required to conform to the order by a date fixed in the order, and an agreement by such person that he or she will comply with the order if allowed additional time, the department head may, in his or her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete such abatement, if the department head determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.

B. The authority of the department head to extend time is limited to the physical abatement of the nuisance or for such other purposes as may be reasonably required by the circumstances of the case, but such extension will not in any way affect or extend the time to appeal the order. (Prior code § 61.07.704)

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this code, whenever such officer, employee, contractor or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this code. (Prior code § 61.07.705)