San Diego Municipal Code Div. 12 Summary Abatement of Unsecured Structure

(“Summary Abatement of Unsecured Structure” added by O-21545 N.S.; effective 11-11-2022.)

(a) It is the purpose and intent of this Division to provide a procedure for abatement of unsecured structures on public or private property in order to reduce blight and deterioration within the City, to prevent crime, and to protect the public health and safety.

(b) The City finds and determines that unsecured structures constitute a
public nuisance and must be abated to avoid potential detrimental effects
on the City and its residents.
(“Declaration of Purpose” added 10-12-2022 by O-21545 N.S.; effective
11-11-2022.)

Defined words appear in italics. The words and phrases used in this Division have the meanings set forth in this section:

Abandoned property has the same meaning as in San Diego Municipal Code
section 54.0302.

Abatement has the same meaning as in San Diego Municipal Code section
11.0210.

Authorized private contractor means a contractor awarded a contract with the
City to perform services.

Authorized responder has the same meaning as in San Diego Municipal Code
section 33.3702.

Chief of Police and Police Officer have the same meaning as in San Diego
Municipal Code section 33.0201.

Fire-Rescue Chief means the Chief of the Fire-Rescue Department of the City of
San Diego.

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Person has the same meaning as in San Diego Municipal Code section 11.0210.

Property Owner has the same meaning as in San Diego Municipal Code section 11.0210.

Public nuisance has the same meaning as in San Diego Municipal Code section 11.0210.

Responsible Person has the same meaning as in San Diego Municipal Code section 11.0210.

Unsecured structure means any building of any kind with a window, wall, roof, or door that is broken or damaged, and invites intrusion, vandalism, trespass, theft, malicious mischief, or other criminal activity. This definition also includes windows, walls, roofs, or doors whose state constitutes a hazard to public health or safety, and any damage that may result from the lawful actions of a public officer in the performance of official duties.

Written has the same meaning as in San Diego Municipal Code section 11.0210. (“Definitions” added 10-12-2022 by O-21545 N.S.; effective 11-11-2022.)

The Chief of Police and all police officers are authorized to abate any unsecured structure located on publicly or privately owned property in the City of San Diego without notice or hearing when:

(a) immediate action is necessary to preserve or protect the public health or
safety, and

(b) a responsible person is unavailable, unable, or unwilling to take
responsibility for the unsecured structure within thirty minutes after City
personnel or designee attempts to make contact, and

(c) the abatement action does not involve an abandoned property as
authorized by Chapter 5, Article 4, Division 3, or require summary
abatement of a public nuisance as authorized by Chapter 1, Article 2,
Division 7 of this Code.

(“Abatement Authority” added 10-12-2022 by O-21545 N.S.; effective
11-11-2022.)

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The Fire-Rescue Chief shall have all the powers under this Division granted to the Chief of Police. The Fire-Rescue Chief, and all firefighters designated by the Fire-Rescue Chief, are authorized to abate any unsecured structure according to this Division in the same manner as police officers. (“Fire-Rescue Department Abatement Authority” added 10-12-2022 by O-21545 N.S.; effective 11-11-2022.)

(a) Any police officer may summarily abate the public nuisance created by an unsecured structure. Only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard may be used.

(b) The responsible person shall be notified within ten calendar days of the
actions taken at the property and the right to appeal the abatement action
in accordance with sections 54.1209 and 54.1210.

(c) The responsible person may be billed for any costs incurred by the City or
an authorized private contractor in abating the nuisance.

(d) In order to recover costs pursuant to section 54.1205(c), an itemized
account of the total abatement costs shall be served on the responsible
person within thirty calendar days from the date the abatement action
occurred at the property.
(“Abatement of Unsecured Structures on Private Property added 10-12-2022 by
O-21545 N.S.; effective 11-11-2022.)

Where an unsecured structure is located on property owned by a public entity other than the City, abatement may be authorized after securing the consent of an authorized representative of the public entity having jurisdiction over the property. (“Abatement of Unsecured Structures by City on Public Property” added 10-12-2022 by O-21545 N.S.; effective 11-11-2022.)

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(a) The Chief of Police may recover the City’s costs of abatement from the responsible person and any such costs shall become the indebtedness of the responsible person.

(b) Abatement costs shall include the City’s cost to administer the abatement,
any actual work performed by the City, and any other costs incurred by the
City related to the abatement.

(c) The City shall follow the cost recovery procedures found in Chapter 1,
Article 3, Division 3 of this Code.

(d) If the bill is not paid within thirty days from the date of mailing, the City
will exercise available collection options, which may include obtaining a
special assessment and/or lien against the property in accordance with the
procedures set forth in Chapter 1, Article 3, Division 2 of this Code.
(“Cost Recovery by the City” added 10-12-2022 by O-21545 N.S.; effective
11-11-2022.)

(a) An authorized private contractor may recover any abatement costs it incurred directly from the responsible person and any such costs shall become the indebtedness of the responsible person.

(b) The authorized private contractor may use any means authorized in the
contract with the City to collect costs it incurred from the responsible
person.
(“Cost Recovery by Private Contractors” added 10-12-2022 by O-21545 N.S.;
effective 11-11-2022.)

(a) Written notice of abatement actions conducted under this Division shall be provided to the responsible person in a form approved by the Chief of Police.

(b) The notice of abatement action shall be served upon the responsible
person by any one of the methods of service listed in section 11.0301 of
this Code.
(“Notice of Abatement” added 10-12-2022 by O-21545 N.S.; effective
11-11-2022.)

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(a) Any responsible person served with a notice of summary abatement of unsecured structure may file an appeal in accordance with Chapter 1, Article 2, Division 5 of this Code.

(b) Failure to submit a timely and complete request for an appeal hearing shall
terminate a person’s right to contest the notice and the abatement actions
and shall constitute a failure to exhaust administrative remedies.

(c) The Enforcement Hearing Officer shall only consider evidence that is
relevant to the issue of whether the structure, at the time of abatement, met
the definition of unsecured structure as provided in this Division.

(d) The Enforcement Hearing Officer may assess administrative costs.
(“Request for Appeal Hearing” added 10-12-2022 by O-21545 N.S.; effective
11-11-2022.)

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