§121.0406 Issuance of Abatement Notice for Unsafe, Dangerous, or Substandard Structures

• (a) Whenever the City Manager or designated Code Enforcement Official determines that a structure , or any portion thereof, is an unsafe structure , a dangerous structure , or a substandard structure in accordance with this division, the City Manager or designated Code Enforcement Official shall issue an Abatement Notice and Order in accordance with Municipal Code Section 12.0603 and this division.

• (b) Content of Abatement Notice and Order for Unsafe, Dangerous, or Substandard Structures

  • (1) The Abatement Notice and Order shall contain a description of the property in general terms reasonably sufficient to identify the location of the property.

  • (2) The Abatement Notice and Order shall refer to the criteria in Sections 121.0403, 121.0404, and 121.0405 that make the property or structure unsafe, dangerous, or substandard.

  • (3) The Abatement Notice and Order shall describe the action required to abate the public nuisance , which may include any or all of the following measures:

    • (A) Repair and Rehabilitation. If the City Manager determines that the structure can be reasonably repaired, the Abatement Notice and Order shall require that the responsible person obtain all necessary permits immediately and begin the repair work within a specified time. The City Manager shall establish reasonable time frames to obtain permits and complete all repairs.

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San Diego Municipal Code

Chapter 12: Land Development Reviews

(4-2026)

  - (B) Demolition.  If the City Manager determines that the _structure_ cannot be reasonably repaired within the guidelines established in California Health and Safety Code Section 17980, the Abatement Notice and Order shall require that the responsible person obtain all necessary permits immediately and complete demolition within the period of time established by the City Manager. 

  - (C) Vacation and Notice to Tenants.  If the City Manager determines that vacation of the _structure_ is necessary for demolition or repairs, the Abatement Notice and Order  shall require the responsible person to expeditiously vacate the _structure_ in accordance with applicable laws and within the period of time established by the City Manager. 

  - (D) Clean and Secure.  If the _structure_ is vacant or abandoned before or during repairs, rehabilitation, or demolition, or after the tenants have vacated, the Abatement Notice and Order may require the responsible person to immediately clean and secure the property according to the procedures and standards in Municipal Code Chapter 5, Article 4, Division 3 (Abatement of Vacant Structures). 

• (4) The Abatement Notice and Order shall explain the consequences should the responsible person fail to comply with the terms of the Abatement Notice and Order.

• (5) The Abatement Notice and Order shall identify all hearing rights.

• (6) If the structure is rented or leased for residential occupancy, the Abatement Notice and Order shall notify the responsible person about the possible denial of state income tax benefits, pursuant to definitions and procedures in California Health and Safety Code Section 17980(d).

  • (7) The Abatement Notice and Order shall require the responsible person to provide the City Manager with a written statement of his or her intent to abate the public nuisance within 10 calendar days from the date on which the notice is served.

• (c) The Abatement Notice and Order, and any supplemental Abatement Notice and Order, shall be served by one of the methods of service set forth in Municipal Code Section 11.0301.

Ch. Art. Div. 12 1 4 5

San Diego Municipal Code

Chapter 12: Land Development Reviews

(4-2026)

• (d) A copy of the Abatement Notice and Order shall be provided to all tenants of a residential building pursuant to California Health and Safety Code Section 17980(c).

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)