San Leandro Municipal Code Art. 11 Enforcement and Abatement Procedure—Administrative

(Legislative History: Ordinance No. 2007-033, 11/5/07 (Sections 7-5-1100—7-5-1135))

Note: Editor's Note: Article 11, Enforcement and Abatement Procedure—Administrative, previously codified herein and derived from Ordinance Nos. 84-027, 1/7/85; 85-027, 8/19/85; 92-019, 9/8/92; 95-032, 11/6/95; 99-020, 6/21/99 and 2002-21, 9/16/02, was repealed and replaced by Ordinance No. 2007-033, 11/5/07.

The City Manager is hereby designated and charged with the enforcement of all provisions of this Chapter.

The City Manager shall designate a Building Official within the Community Development Department and appoint such number of officials, inspectors, assistants, and other employees as shall be authorized from time to time. He or she may deputize such employees as may be necessary to carry out the functions of the Building and Safety Services Division.

The Building Official shall keep a permanent, accurate account of all fees and other monies collected and reviewed under this Code, the names of the person upon whose account the same were paid, the date and amount thereof and the location of the building or premises to which they relate.

Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the Building Official or authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe, the Building Official or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Chapter; provided, that if such building or premises be occupied, he/she shall first present proper credentials and demand entrance; and if such building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry. If such entry is refused, the Building Official or authorized representative shall have recourse through every remedy provided by law to secure entry.

Whenever any building work is being done contrary to provisions of this Chapter, the Building Official may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop work until authorized by the Building Official to proceed with the work.

All buildings or structures which are unsafe as defined in Chapter 7, Article 5 or which are substandard as defined in the Housing Code, or which are otherwise dangerous to human life, or which in relation to existing uses constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, neglect, decay, dilapidation, obsolescence or abandonment are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure set forth in Article 2 of this Chapter and as hereinafter set forth.

Whenever the Building Official determines by inspection that any building or portion thereof constitutes a public nuisance as defined in Section 7-5-1115, he/she shall initiate proceedings to cause the repair, vacation, or demolition thereof. The Building Official shall issue a notice and order directed to the record owner of the building which notice and order shall contain:

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

(b) A statement that the Building Official has found the building to constitute a public nuisance and a brief and concise description of the condition found to render the building a public nuisance as defined in Section 7-5-1115.

(c) A statement of the action necessary to correct such conditions, and if the conditions cannot be corrected by repair and the building must be demolished, the reasons why the conditions cannot be corrected by repair; if the Building Official has determined that the building must be vacated, the order shall state the date by which the building is to be vacated.

(d) A statement that the required work must be commenced within 15 days from the date of the notice and order or a longer period not to exceed 30 days if the sole determination of the Building Official, as set forth in the order, such longer period is found to be necessary and appropriate and a statement that such work must be completed within such time as the Building Official shall determine is reasonable.

(e) A statement advising that if any required repair or demolition work is not commenced within the time specified, the Building Official: (i) will order the building vacated and post it to prevent further occupancy until the work is completed; and (ii) may proceed to cause the work to be done and charge the cost thereof against the property or its owner.

(f) A statement advising that any person having any record title or legal interest in the building may appeal from the notice and order of the Building Official, in the manner set forth in Section 7-5-1210 within 10 days from the date of service of the notice and order. Failure to appeal within 10 days of the date of service of notice and order shall constitute a waiver of all rights to an administrative hearing and determination of the matter.

The notice and order shall be served upon the record owner, in the manner hereinafter stated, and posted conspicuously on the property. One copy thereof shall also be served on each of the following: the holder of any known mortgage or deed of trust or other lien or encumbrance or record; the owner or holder of any lease of record and the holder of any other estate or legal interest of record in the building or the land upon which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any other person duly served or relieve any such person or any duty or obligation imposed on him or her by the provisions of this section.

Service by certified mail in the manner herein provided shall be effective on the date of the mailing.