San Leandro Municipal Code Art. 12 Enforcement and Abatement—Appeals

(Legislative History: Ordinance No. 2007-034, 11/5/07 (Sections 7-5-1200—7-5-1225))

Note: Editor's Note: Article 12, Enforcement and Abatement—Appeals, previously codified herein and derived from Ordinance Nos. 84-027; 1/7/85; 84-14, 6/4/84; 92-019, 9/8/92; 95-034, 11/6/95; 99-022, 6/21/99 and 2002-22, 9/16/02, was repealed and replaced by Ordinance No. 2007-034, 11/5/07.

Any person aggrieved by a notice and order of the Building Official hereunder to repair, vacate and repair, or demolish any building or portion thereof, may appeal such order, in the manner stated in Section 7-5-1210, to the Board of Appeals.

Whenever a notice and order has been issued by the Building Official and served as provided in Section 7-5-1135 and no appeal has been filed in accordance with Section 7-5-1210, the notice and order shall be deemed final and conclusive.

Any person entitled to service under Section 7-5-1135 may appeal from any notice and order or any action of the Building Official by filing a written appeal therefrom at the office of the Building Official within 10 days from the date of service of such notice and order. The written appeal request shall include, at minimum, the names and addresses of all appellants, a brief statement setting forth the legal interest of each of the appellants in the land or building involved in the notice and order, a brief statement of the specific order protested and a brief statement of the relief sought and the reasons therefor.

On receipt of such appeal, the Building Official shall set the matter for hearing before the Board of Appeals. Notice of the date, hour and place of hearing shall be posted and served at least 10 days before the date set for the hearing in the manner and upon the person specified in Section 7-5-1135. The notice of hearing shall order all interested parties who desire to be heard to appear and show cause, if any they have, why the building or portion thereof involved in the proceedings should not be repaired, vacated and repaired or demolished.

The filing of an appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided.

At the time and place stated in the notice, the Board of Appeals shall hold a hearing, and shall consider any relevant evidence offered by the Building Official and the owner, occupant or person in charge and control, mortgagee or beneficiary under any deed of trust, lessee, or any other person having any estate or legal interest in said building or structure, pertaining to the matters set forth in the notice and order to repair, vacate and repair, or demolish.

The Board shall adopt reasonable rules and regulations for conducting its investigations and hearing. A copy of such rules and regulations shall be filed in the office of the City Clerk.

Whenever in the course of any proceedings taken hereunder, the Board shall have cause to request additional information, the same may be requested of the Fire Department, or the Building Department or other agency charged by law with enforcement of health or safety requirements of local or State law.

The Board may continue the hearing from time to time at its discretion.

After a full and fair consideration of the evidence and testimony received at the hearing, the Board of Appeals may affirm, reverse, or modify the notice and order issued by the Building Official. A written decision shall be issued by the Board and shall be posted and served in the manner and upon the persons specified in Section 7-5-1135, within 15 days from the date on which the hearing was closed.

The decision of the Board shall contain findings stating in detail the conditions which render the building or portion thereof a public nuisance as defined in Section 7-5-1115, the work required to be done, and shall order that the work required by commenced within 15 days after service of the decision or a longer period not to exceed 30 days, if in the sole determination of the Board, as set forth in its decision, such longer period is found to be necessary and appropriate, and a statement that the work be completed within a reasonable time as determined by the Board.

The decision of the Board shall also state that if the work required has not been commenced or completed within the time specified in the decision, the Building Official may cause the work to be done and the cost hereof levied as a special assessment against the property.

The findings and decision of the Board of Appeals shall be final and conclusive in the matter.