San Jose Municipal Code Part 2 Notice and Hearing

Whenever it is determined that summary abatement action by the city is necessary due to any condition which is imminently dangerous, the city manager shall issue a notice of summary abatement directed to the record owner(s) of the property, which has been determined to need summary abatement action. The notice shall contain:

A. The street address and a legal description sufficient for identification of the location of the property.

B. A statement that the property was found to be imminently dangerous, with a brief and concise description of the conditions found to render the property imminently dangerous in accordance with the provisions of this title.

C. A description of the summary abatement actions which were required and performed by the city to abate the imminent danger.

D. Statements advising that a charge will be assessed for the work that was performed and a description of the cost recovery procedure of Part 4 of Chapter 17.02.

E. An order specifying what additional actions, if any, are required to be taken by those persons receiving this notice and the time within which the actions must be commenced and completed. Such order shall include the information required in Section 17.02.110.

F. Statements advising:

1. That any person having any record title or legal interest in the property as described in Section 17.02.130 may protest any abatement action taken or ordered by the city manager to the commission designated in Section 17.02.160, at a public hearing on the date certain specified in the notice; and,

2. That failure to file a written protest or to appear at such hearing will constitute a failure to exhaust administrative remedies.

(Ord. 21971.)

Upon the determination that any condition exists on the property which requires abatement action, the city manager may issue a proposed abatement order directed to the record owner(s) of the property. The order shall contain:

A. The street address and a legal description sufficient for identification of the location of the property;

B. A statement that the property has been found to require abatement actions, with a brief and concise description of the conditions found to require such abatement actions;

C. A statement that:

1. The property needs abatement actions but does not have to be restricted from use or occupancy; or

2. The property needs abatement actions but does not have to be restricted from use or occupancy if specified temporary or interim corrective measures are completed within a specified time; or

3. The property needs abatement actions and must be restricted from use or occupancy. The order shall specify what, if any, temporary or interim corrective measures are required prior to the commencement of either permanent repairs or demolition.

D. Specification of any abatement actions to be taken and the time within which the actions must be commenced.

E. A statement advising that if any ordered abatement action is not completed within the time specified by this chapter or in the decision of the designated commission, the city manager:

1. May order the property, building or structure restricted from further use or occupancy and posted to prevent such further occupancy until the abatement work is completed; and/or

2. May proceed to cause the abatement work to be done and charge the costs thereof against the property or its owner.

F. A statement advising:

1. That any person having any record title or legal interest in the building as described in Section 17.02.130 may appear and protest the notice or order of any action taken or required to be taken by the city manager to the commission designated in Section 17.02.160, at a public hearing at the time and place specified in the order; and

2. That failure to file a written protest or to appear at such hearing will constitute a failure to exhaust the administrative remedies.

(Ord. 21971.)

A. When a notice of abatement or proposed abatement order is issued, the city manager may file in the office of the county recorder a certificate describing the property and certifying:

1. That the property, building or structure is a nuisance pursuant to the provisions of this Code;

2. The actions proposed by the city manager to abate the conditions or defects causing the property to be a nuisance;

3. That if the abatement actions required by the designated commission, after hearing, are not performed, the city may do so;

4. That if the city performs the required abatement actions, the costs incurred for such performance may become a lien against the property; and

5. That those persons entitled to service pursuant to Section 17.02.130 have been so notified.

B. Whenever an abatement order certificate has been filed and the corrections ordered by the commission shall thereafter have been completed or the building or structure demolished so that it no longer exists as a nuisance pursuant to the provisions of this Code, the city manager shall file a compliance certificate with the county recorder certifying that all the required corrections have been made or that the building or structure has been demolished so that the property is no longer in violation of the notice or order of abatement, whichever is appropriate.

(Ord. 21971.)

A. Any notice or order, and any amended or supplemental notice or order, which is required shall be served upon the record owner(s) of the subject property. A copy of each notice or order, and any amended or supplemental notice and order, shall also be served on each of the following as disclosed by official public records in the county recorder's office:

1. The holder of any mortgage or deed of trust or other lien or encumbrance of record;

2. The owner or holder of any lease of record; and

3. The holder of any other estate of legal interest of record in or to the property on which the nuisance is located.

B. The lack of service to any person required to be served shall not invalidate any proceedings as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this chapter.

(Ord. 21971.)

Service of any required notice or order shall be made either personally or by mailing a copy of such notice or order by certified mail, postage prepaid, to each person entitled to service at the address which appears on the last equalized assessment roll of the county or as known to the city manager. If no such address appears or is known to the city manager then a copy of the notice or order shall be mailed, addressed to such person, at the address of the property involved in the proceedings. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken pursuant to this chapter. Service by certified mail shall be effective from the date of mailing.

(Ord. 21971.)

A. Every abatement action or order by the city manager is subject to review by the commission designated for that purpose in Section 17.02.160.

B. At the hearing the commission shall consider all evidence and testimony presented. The commission may also conduct an onsite inspection of the property.

(Ord. 21971.)

For the purposes of this chapter, all hearings are to be conducted as follows:

A. The code enforcement appeals commission shall conduct all hearings required by this chapter for abatement actions taken pursuant to the following chapters:

1. Chapter 17.40 - Dangerous Building Code; and

2. Chapter 17.44 - Abatement of Abandoned Service Stations.

B. The appeals hearing board shall conduct all hearings required by this chapter for abatement actions taken pursuant to the following chapters of this Code:

1. Chapter 17.20 - Housing Code; and

2. Chapter 17.72 - Community Preservation.

(Ords. 21971, 23287.)

A. Every notice of summary abatement or proposed abatement order shall contain the date, time and place at which the abatement hearing shall be conducted by the designated commission.

B. Such hearing shall be set for not less than fifteen days nor more than sixty days from the date of service of the notice or order unless the city manager determines that the matter is urgent or a time extension for the hearing is reasonable.

C. The hearing shall be held at the date, time and place specified or, if continued or deferred, at the next regular meeting of the commission.

(Ord. 21971.)

A. Within a reasonable time following the conclusion of the hearing, the designated commission shall make written findings of fact, based on the evidence received at the hearing to support its decision and shall issue an order affirming, modifying or overruling the order of the city manager. The decision of said commission shall be final and conclusive.

B. If the commission finds that a summary abatement action has been taken where no abatement action was warranted pursuant to the provisions of this Code, no invoice shall be served pursuant to Section 17.02.310.

(Ord. 21971.)