Sacramento Municipal Code Art. XII Enforcement of Notice and Order

After any notice and order issued pursuant to this chapter shall have become final by failure to file a timely appeal or after 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 § 49.12.1201)

If, after any order or decision made pursuant to this chapter has become final and a person(s) to whom such order has been directed fails, neglects or refuses to obey such order, the building official may (i) cause such person to be prosecuted; (ii) institute any appropriate action to abate such building as a public nuisance; or (iii) repair or demolish the building in accordance with the provisions of this chapter. In any action brought by the city to enforce the provisions of this chapter, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs whether or not the matter proceeds to judgment. (Prior code § 49.12.1202)

Whenever the required repair or demolition is not commenced, or whenever the required securing is not completed within the time specified in any final order or decision of the housing code advisory and appeals board issued under this chapter the following shall apply:

A. The building official may cause the building subject to the notice and order to be vacated. Every notice to vacate shall be posted at or upon each exit of the building or upon any individual unit to be vacated, and shall be in substantially the following form:

SUBSTANDARD BUILDING

DO NOT ENTER

It is a misdemeanor pursuant to S.C.C. Section 8.100.865 to enter this building or to remove or deface this notice.

Building Official

City of Sacramento

By_________________________

B. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions that render the building substandard as set forth in the notice and order; or may cause the building to be secured as set forth in the order; or may cause the building to be demolished, and the resulting materials, rubble and debris removed and the lot cleaned and leveled. Any such work shall be accomplished and the cost thereof paid and recovered in the manner provided in Articles VIII and IX of Chapter 8.96 of this title. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. (Ord. 2009-014 § 2; Ord. 2004-008 § 21; Ord. 2002-015 § 5; Ord. 2001-028 § 1; prior code § 49.12.1203)

A. Any person who enters any building posted under Section 8.100.860 of this chapter shall be guilty of a misdemeanor, except:

1. Entry may be made to inspect, repair, secure, demolish or remove a building posted under Section 8.100.860 of this chapter without the consent of the building official if the person entering has a valid permit to repair or demolish the building, and has the consent of the owner of the property.

2. Entry may be made by authorized personnel of the city and/or its contractors to inspect, secure, demolish, or remove a building posted under Section 8.100.860 of this chapter.

B. A building posted under Section 8.100.860 shall be construed to remain so until the work ordered by the building official or by the board has been completed and a certificate of occupancy issued pursuant to the provisions of the Sacramento City Building Code, regardless of the physical presence of the posting.

C. No person shall remove or deface any notice which has been posted under Section 8.100.860 until the required repairs, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Sacramento City Building Code. Any person violating this subsection shall be guilty of a misdemeanor. (Ord. 2009-014 § 2)

Upon receipt of a building permit application, to perform work required by the notice and order, the building official in his or her discretion may grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete such repair, rehabilitation, or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation, or demolition of the building will not in any way affect or extend the time to challenge a final notice and order of the housing board. (Prior code § 49.12.1204)

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 building which has been ordered repaired, secured, vacated or demolished under the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, securing, vacating or demolishing any such building pursuant to the provision of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. (Prior code § 49.12.1205)

If an owner has commenced the repair work required by an order or resolution or has commenced demolition of the building, and such owner fails to complete any portion of such work within the time period specified in the order or resolution, or if no time period for completion is specified and the owner has failed, in the opinion of the building official, to make a reasonable progress on such work or demolition, the building official may refer the case to the board for hearing. If the building official refers a case to the board for hearing, the building official shall give written notice to all persons who are entitled to notice under the provisions of Section 8.100.730 of this chapter, by mail sent not later than ten (10) days prior to the board hearing. (Prior code § 49.12.1206)

If the board determines that the owner has failed to complete any portion of the work required by the order within the time period specified by such order or has failed to make reasonable satisfactory progress on such work if no time period is specified in the resolution, it may:

A. Grant further extensions of time to the owner to complete such work or demolition; or

B. Order the building official to complete the repair work forthwith; or

C. Order the building official to demolish or complete demolition of such building forthwith; or

D. Take such other action as it deems appropriate in the case. (Prior code § 49.12.1207)

An accessory building is a building or portion thereof the use of which is appropriate, subordinate, and customarily incidental to that of the main building, or to the main use of the land. If a main building is demolished by the owner or building official pursuant to a board order, the accessory building shall likewise be demolished at the same time unless the board shall otherwise direct. (Prior code § 49.12.1208)