Shasta Lake Municipal Code Art. IX Enforcement of Decision and Order

A. General. After the decision and order of the abatement hearing officer or the notice and order of the building official made pursuant to this chapter is final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order or decision. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor.

B. Failure to Obey Order. If, after the decision and order of the abatement hearing officer or the notice and order of the building official has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (1) cause such person to be prosecuted under subsection A of this section; (2) institute any appropriate action to abate such building as a public nuisance; or (3) repair, demolish or secure the building in accordance with the provisions of this chapter or as provided in the order of the abatement hearing officer or building official.

C. Recovery of Attorney's Fees. If, at the initiation of any particular action, administrative proceeding, or special proceeding to abate a nuisance, the city seeks attorney's fees, the prevailing party shall be entitled to seek the recovery of its reasonable attorney's fees and costs, whether or not the matter proceeds to judgment. In no event shall an award of attorney's fees to a prevailing party exceed the reasonable amount of attorney's fees incurred by the city in the action or proceeding.

D. Failure to Commence or Complete Work. Whenever the required repair or demolition is not commenced or completed within the time limits prescribed in the final decision and order of the abatement hearing officer or the notice and order of the building official, the following shall apply:

1. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, or if the building official determines that repair or demolition of the building or structure cannot be accomplished without making it immediately dangerous to life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated as provided in Section 8.16.170.

2. No person shall occupy any building which has been posted with a notice to vacate as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the building official or the abatement hearing officer shall have been completed.

3. To the extent permitted by law, the building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions that render the building dangerous as set forth in the notice and order; may cause the building or site to be secured as set forth in the order; or may cause the building to be demolished and the materials, rubble and debris therefrom removed and the lot cleared and graded to provide proper drainage and sediment control. Any such repair, demolition or work to secure the building or site shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter.

4. No action shall be taken by the building official to repair, secure, vacate or demolish a building pursuant to this chapter without prior approval of the city attorney's office.

E. Enforcement of the decision and order of the abatement hearing officer or the notice and order of the building official made pursuant to this chapter shall be stayed during the pendency of a properly and timely filed appeal therefrom to the Superior Court.

(Ord. 00-126 § 2 (part))

Upon receipt of a building permit application accompanied by the required permit fees from the person required to conform to a final order and an agreement by such person that he/she will comply with the order if allowed additional time, the building official may, in his/her discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete the required repair, rehabilitation, or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation, securement or demolition of the building and will not in any way affect or extend the time to appeal a final order or challenge any order of the abatement hearing officer or building official.

(Ord. 00-126 § 2 (part))

It is unlawful and a misdemeanor for any person to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any building which has been ordered, repaired, secured, vacated or demolished under the provisions of this chapter whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.

(Ord. 00-126 § 2 (part))

A. Procedure. When any work of repair, demolition or securement is to be done pursuant to Section 8.16.280 by the city or its agents or contractors, the building official shall provide the final order or decision to the city engineer and the work shall be accomplished by city personnel or by private contract under the direction of such engineer and the building official. Plans and specifications therefore may be prepared by such engineer, or he/she may employ such architectural and engineering assistance on a contract basis as he/she may deem reasonably necessary.

B. Costs. The cost of such repair, demolition or securement work shall be paid from the abatement repair and demolition fund, and may be made a lien against the property involved and may be made a personal obligation of the property owner, as the abatement hearing officer shall determine is appropriate pursuant to this chapter.

(Ord. 00-126 § 2 (part))