Sacramento Municipal Code Art. IV Notices and Orders of the Building Official

A. Commencement of Proceeding. Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he or she shall commence proceedings to repair, vacate, or demolish the building.

B. Notice and Order. The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

1. The street address and a legal description sufficient for identification of the premises upon which the building is located.

2. A statement that the building official has found the building is dangerous with a brief and concise description of the conditions that make the building dangerous under the provisions of Section 8.96.110.

3. A statement that the building official has determined that the building must be repaired or demolished at the option of the owner in the manner and within the time limitations specified below.

a. If the owner elects to repair the building, the owner shall obtain all required permits for repair and physically commence work thirty (30) days from the date of the order and completed the work within such time that the building official determines is reasonable under all of the circumstances; or

b. If the owner elects to demolish the building, the owner shall obtain all required demolition permits and commence demolition not later than thirty (30) days from the date of the order, and shall complete the demolition within such time as the building official determines is reasonable.

4. Statements advising that the building official:

a. May order the building vacated and posted to prevent further occupancy if any required repair or demolition work is not commenced within the time specified, until the work is completed;

b. May order the immediate disconnection of hazardous utility services (electricity, gas, sewer or water); and

c. May proceed to repair, secure or demolish the building and charge the costs thereof against the property or its owner.

5. Statements advising that:

a. Any person having any record title or legal interest in the building may appeal the notice and order or any action of the building official to the entity charged with hearing such appeals, provided the appeal is made in writing, as provided in this code, and filed with the building official within thirty (30) days from the date of the order; and

b. Failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the matter. The final order is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

C. Service of Notice and Order. 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 building official or disclosed from official public records: (1) the holder of any mortgage or deed of trust or other lien or encumbrance of record; and (2) the owner or holder of any lease of record. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section.

D. Method of Service. Service of the notice and order may be made upon all persons entitled to service in the manner described in Section 1.04.100 of this code. Service by mail 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 building official.

E. Fees Imposed.

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

a. A notice and order to repair, rehabilitate, or demolish 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.

b. A housing and dangerous building monitoring fee imposed for each additional inspection of the property after the notice and order issued pursuant to this chapter becomes final.

c. 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.

2. The amounts of the fees described in subsection (E)(1) 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.

3. Fees-Imposition and appeal.

a. A housing and dangerous building monitoring fee imposed may be appealed and shall be collected in the same manner as is specified in Section 1.28.010(D).

b. 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.

F. Proof of service of the notice and order shall be certified to at the time of service by a 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 acknowledgement of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official. (Ord. 2016-0028 § 2; Ord. 2006-070 § 3; Ord. 2004-008 § 23; prior code § 50.04.401)

A. Any building declared a dangerous building under this chapter shall either be repaired or demolished by the owner in accordance with the applicable provisions of this code.

B. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, it shall be ordered to be vacated as provided in this article. (Prior code § 50.04.402)

A. Posting. Every notice to vacate shall, in addition to being served as provided in Section 8.96.130(C) of this chapter, 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:

DANGEROUS BUILDING

DO NOT ENTER

It is a misdemeanor pursuant to Sacramento City Code Section 8.96.155 to enter this building or to remove or deface this notice.

Building Official

City of Sacramento

By_________________________

B. Compliance. Whenever a notice to vacate is posted, the building official shall include facts in the notice and order under Section 8.96.130(B) specifying the conditions which necessitate an immediate notice to vacate.

C. The building official may permit occupancy of the building or individual units if the owner corrects those problems which pose an immediate danger to life, limb, property and safety of the public or occupants. (Ord. 2009-014 § 1; Ord. 2002-015 § 2; prior code § 50.04.403)

A. Any person who enters any building posted under Section 8.96.150 of this chapter shall be guilty of a misdemeanor, except,

1. Entry may be made to repair, demolish or remove a building posted under Section 8.96.150 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 their contractors to inspect, secure, demolish, or remove a building posted under Section 8.96.150 of this chapter.

B. A building posted under Section 8.96.150 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 city of Sacramento 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 8.96.150 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 § 1)

Whenever a notice to vacate has been posted and served in accordance with Section 8.96.150 of this chapter, the building official may order the immediate disconnection of any utility services determined to be hazardous by the building official. If the sewer service is ordered disconnected pursuant to this section, city water service to such building shall also be disconnected in order to prevent the accumulation of sewage on such premises. It shall be unlawful and a misdemeanor for any person to

fail to disconnect utility services when ordered to do so pursuant to the provisions of this section. (Prior code § 50.04.404)