Sebastopol Municipal Code Ch. 15.12 Abatement of Buildings

It is the intention of the City Council of the City of Sebastopol that this chapter is and shall constitute and provide the general lien procedure of the City of Sebastopol in the abatement of all nuisances found to exist in said City, and particularly when buildings or structures are abated by the City pursuant to the terms of the Uniform Building Code, Uniform Fire Code, Uniform Electrical Code, Uniform Plumbing Code, and such other codes and ordinances as may be in effect in the City of Sebastopol.

Any building or structure which has become unfit for human habitation or occupancy by reason of being unsafe or partially destroyed by fire or dilapidated from old age, neglect, decay or other causes within the City of Sebastopol which constitutes a fire menace or is dangerous to human life or a likely resort for vagrants or dissolute persons is hereby declared to be a nuisance.

Upon determination by the Chief Building Official of the City of Sebastopol that the conditions exist as set forth in SMC 15.12.020 he shall notify the owner of such building or structure. The notice shall state the condition which renders the building or structure unfit for human habitation and shall order the correction or abatement thereof, either by demolition, closing or repair within 30 days after date of notice. If, in the opinion of said Building Official, said conditions can be corrected or abated whenever any such building or buildings, structure or structures exist or are permitted upon any property within the City of Sebastopol, the City Council may by resolution declare the same to be a public nuisance; said resolution shall declare the intention of the City Council to commence abatement proceedings as herein provided and shall refer to the property by the street address under which it is officially or commonly known, and describe the property upon which such nuisance exists by giving the lot and block number thereof and no other description of such property shall be required. The City Clerk shall forward a certified copy of said resolution to the County Recorder of Sonoma County for recordation.

“Chief Building Official” as used in this chapter shall be defined to include the Chief Building Inspector, his authorized deputy, the Fire Chief, his authorized deputy, or any other employee of the City of Sebastopol as shall be designated by the City Council by resolution.

If the City Council of the City of Sebastopol determines by resolution to proceed with the abatement of such nuisance an additional notice shall be given in the manner as provided herein directing the owner of such building or property to appear before the City Council of the City of Sebastopol at a stated time and place and show cause why such building or structure should not be condemned as a nuisance and such nuisance abated as provided in this chapter. A copy of such notice shall be mailed to each mortgagee or beneficiary under any deed of trust of record in the manner as provided in this chapter for notices. Said notice shall be substantially in the form as follows:

Notice to Abate Nuisance

The owner of the building situated at _____________ is hereby notified to appear before the City Council of the City of Sebastopol at its meeting to be held on __________ at ___________ o’clock P.M., or as soon thereafter as he may be heard and show cause, if any he has, why said building should not be condemned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or by razing and removing same.

Dated _____________________

City of Sebastopol

By _____________________

Chief Building Official

Proper service of said notice and resolution as provided in SMC 15.12.050 shall be by personal service upon the legal owner of record of such property if found within the City limits, or if he is not to be found within the City limits by depositing a copy of said notice and resolution in the United States mail postage prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner as such person’s name and address appears in the last equalized assessment roll or as known to the City Clerk of the City of Sebastopol. The service is complete at the time of deposit. All other notices and resolutions required by this chapter shall be served as provided above, except that no personal service shall be required. The City Clerk or Building Official upon giving the notice as aforesaid shall file an affidavit thereof with the City Clerk, certifying as to the time and manner in which such notice was given. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

At the time fixed in said notice the City Council of the City of Sebastopol shall proceed to hear the testimony of the Building Official, the owner or his representative, if present at said hearing, and other competent persons who may be present and desire to testify respecting the condition of said building, the estimated cost of its removal, repair or reconstruction and any other matters which said Council may deem pertinent thereto. Upon the completion of said hearing the City Council may by resolution declare its findings and, in the event that it so concludes, it may declare said building to be a nuisance and direct the owner to abate the same within 30 days after the date of posting on said premises a notice of passage of said resolution by having said building properly constructed or repaired, or by having the same razed or removed, and notifying said owner that if said nuisance is not abated, said building to be razed or removed by the City of Sebastopol and the expenses thereof made a lien on the lot or parcel of land upon which the building is located. The City Council of the City of Sebastopol may grant any extensions of time to abate said nuisance that it may deem justifiable upon good cause therefor being shown. A copy of the resolution declaring the nuisance shall be served upon said owner in the manner provided in this chapter for the service of notices.

Any owner or other interested person having any objection or feeling aggrieved at any proceedings taken by the City Council in ordering abatement of any nuisance must bring an action in a court of competent jurisdiction within 30 days after the date of posting on said premises a notice of the passage of the resolution, declaring the nuisance to exist, to contest the validity of any proceedings leading up to and including the adoption of the resolution, otherwise all objections will be deemed to have been waived.

Thirty days after the posting of the resolution declaring any buildings a nuisance the City Council of the City of Sebastopol shall be deemed to have acquired the jurisdiction to abate such nuisance by razing or removing the building unless the nuisance is abated by the owner or other person interested within the 30-day period or any extension thereof granted by the City Council as provided herein.

In the event the nuisance is not abated within the time prescribed, the City Council may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision.

The Building Official shall keep an account of the costs (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work has been done and shall render an itemized report in writing to the City Council, showing the cost of repairing, rehabilitating, demolishing or removing said building or structure, including any salvage value of buildings or structures, and incidental expenses on each lot or parcel of land. Before said report is submitted to the Council, a copy of the same shall be posted at least five days upon the property upon which said buildings or structures were situated, together with a notice of time when said report shall be submitted to the City Council for confirmation, and a copy of said report and notice shall be served upon the owner of the property in the manner provided in this chapter at least five days prior to submitting the same to the Council. Proof of posting and service shall be made by affidavit and filed with the City Clerk of the City of Sebastopol.

The term “incidental expenses” shall include, but not be limited to, the expenses and costs to the City in the preparation of notices, specifications and contracts and in inspecting the work and the costs of printing and mailing required hereunder.

At the date and time fixed for receiving and considering said report the City Council shall hear and pass upon the report of the Building Official, together with any objections or protests which may be raised by any persons liable to be assessed for the work of abating such nuisance and any other interested persons. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report shall be confirmed; provided, that said hearing or consideration may be continued from time to time. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.

The amount of the costs for abating such nuisance upon the lot or parcel of land as confirmed by the City Council shall constitute a special assessment against said lot or parcel of land and shall constitute a lien on said property for the amount of such assessment. After the confirmation of said report a copy of said resolution shall be turned over to the Assessor and Tax Collector for the City of Sebastopol or the person authorized to assess and collect taxes for said City, whereupon it shall be the duty of such person to add the amounts of the assessment to the next regular bill of taxes levied against said lot or parcel of land for municipal purposes, and thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided by law for ordinary municipal taxes.

The ordinance codified in this chapter is hereby declared to be urgent and required for the immediate preservation of the public peace, health and safety and shall take effect upon its passage. The City Council finds that there now exist in the City of Sebastopol many buildings and structures which are structurally unsafe or are dilapidated from old age, neglect, decay or other causes as to constitute an immediate hazard to the public peace, health and safety of the citizens of the City of Sebastopol. In order to protect the public peace, health and safety of the citizens of the City of Sebastopol, which are in imminent danger, immediate action is necessary to correct said conditions by the repair or demolition of said unsafe structures.

All ordinances or parts of ordinances in conflict herein are hereby repealed.