Sacramento Municipal Code Ch. 8.76 Securing Unimproved or Unoccupied Real Property

A. Whenever the department head or his or her authorized representative has found that any unimproved real property or improved but unoccupied real property within the city has nuisance activity as defined in Section 8.04.100 of this title which is recurring as defined in this section, the department head or designee may issue a notice and order requiring the property owner(s) to secure the property to prevent further continuance of the nuisance and requiring the owner to:

1. Erect a fence with gate(s) to city specifications;

2. Erect a lockable gate at specified access points; or

3. Install barricading to city specifications to reduce or eliminate accessibility to the property;

4. Remove all litter, garbage, junk, debris, discarded vehicles, vehicle parts and/or vehicle hulks from the property.

B. For purposes of this chapter, recurring nuisance is defined as the same or similar nuisance on the property within any previous twelve (12) month period where the owner has received two or more written requests to abate the nuisance as defined in Section 8.04.100 of this title. (Prior code § 61.13.1300)

A. The owner(s) of any unimproved property which has been found by the department head or designee to violate any provision of Section 8.04.100 of this title and to require securing of the property and removal of any nuisance as defined in Section 8.04.100 of this title shall be notified in writing by either certified mail, postage prepaid, return receipt, or personal service. If the owner cannot be served by certified mail after two attempts, or one attempt at personal service, then the department head may make service by publication in a Sacramento newspaper of general circulation. Notice shall be deemed provided when it is published pursuant to Government Code Section 6063.

B. Upon receipt of the notice to secure, or upon the last date the notice is published, the owner(s) shall have thirty (30) days in which to secure the property.

C. The notice and order issued pursuant to this chapter shall provide that if the owner(s) fails to secure the property and/or remove the nuisance as defined by Section 8.04.100 of this title within thirty (30) days of the notice and order that the city shall secure it and remove the offending nuisance, and that the costs of securement and removal shall be a personal obligation of the property owner and a lien against the property. Any owner who fails to secure the property and remove any nuisance as defined in Section 8.04.100 of this title, if applicable, within thirty (30) days of service of the notice and order shall also be subject to administrative penalties as provided in this code.

D. A fee shall be imposed on the owner of any property for which a notice and order pursuant to this chapter is issued. The fee shall be calculated to recover the total city cost of inspections and enforcement and shall be set by resolution of the city council. Any fee not paid shall be collected pursuant to the procedure set forth in Chapter 8.04 of this title. (Prior code § 61.13.1301)

A. The property owner(s) may appeal from any notice and order issued by the department head or designee under this chapter by filing at the office of the department head within thirty (30) days from the date of service such order, 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;

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. Failure of any person to file an appeal in accordance with the provisions this section shall constitute an irrevocable waiver of such person's right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof.

C. When the property owner fails to appeal the notice and order in a timely manner and the order is deemed final, the department head may cause the property to be secured and the junk and debris to be removed. (Prior code § 61.13.1302)

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (Prior code § 61.13.1303)

Enforcement of any notice and order of the department head issued pursuant to this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Prior code § 61.13.1304)

Appeals of a notice and order issued pursuant to this chapter shall be heard by a hearing examiner appointed by the city council to hear cases pursuant to this title. All appeals shall be conducted in the manner set forth in Sections 8.04.130 to 8.04.200 of this title. (Prior code § 61.13.1305)

A. If it is shown by a preponderance of the evidence that the property is in violation of any provision of Section 8.04.100 of this title and that the property owner has received two or more written requests to abate the nuisance within any previous twelve (12) month period, then the hearing examiner shall:

1. Order the property owner to secure the property and remove the nuisance as provided in the notice and order; and

2. Modify the scope of the notice and order to provide for the securement of areas specified by the hearing examiner and/or removal of the nuisance.

B. In reaching the decision to affirm the appealed order or for modification of the order, the hearing examiner shall consider the extent to which the violation of Section 8.04.100 of this title is a blight to the neighborhood, the efforts the owner has made to prevent violation of Section 8.04.100 of this title on the property, the efforts the owner has made to remove the nuisance from his or her property, and the effect on the neighborhood if the property is not secured. (Prior code § 61.13.1306)

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 secure the property and remove the nuisance fifteen (15) days after service of the decision. The decision shall inform the owner that if the property is not secured within the time specified and the nuisance is not removed as ordered, the department head may cause the property to be secured and cause removal of the nuisance. The owner shall be advised that the expense incurred in securement and/or removal of the nuisance shall be made a personal obligation of the owner and a lien will be placed on the property involved, which may be collected as a special assessment.

B. The decision shall also inform the appellant that the hearing examiner's decision is final and 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 § 61.13.1307)

The costs of securement and/or removal of the nuisance incurred pursuant to this chapter, including all administrative costs, shall be assessed as a lien against the property and made a personal obligation of the owner. The costs of securement and removal and other administrative costs shall be collected pursuant to the procedures established in Sections 8.04.370 through 8.04.450 of this title as written or hereafter amended. (Prior code § 61.13.1308)

The department head or authorized representative may collect and require an appeal fee to be paid at the time the written appeal notice is filed pursuant to Section 8.76.030 of this chapter. 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 at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The department head 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 § 61.13.1309)