Shasta Lake Municipal Code Art. VI Service and Method of Service

The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records:

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

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

C. Any known tenants actually occupying the property or occupying that portion affected by the notice and order.

(Ord. 00-126 § 2 (part))

A. Service of the notice and order may be made upon all persons entitled thereto, either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the latest equalized assessment roll of Shasta County or the supplemental roll, whichever is more current, or as known to the building official. Service by certified mail in the manner herein provided shall be effective on the date of mailing. A copy of the notice and order and any amended or supplemental notice and order shall also be posted on the premises. In lieu of personal service or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:

1. In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substitute service may be accomplished as follows:

a. By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left; or

b. By leaving a copy at the recipient's dwelling or usual place of abode in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left.

2. In the event the recipient refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in subsection (A)(1) of this section upon the property manager or rental agency.

3. If the recipient lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.

4. If the recipient cannot be located or service cannot be effected as set forth in this section, service may be made by publication in a Shasta Lake newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6062.

B. Failure to Serve. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this chapter. The failure of any person served pursuant to this section to receive such notice and order shall not affect the validity of any proceedings taken under this section.

C. Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.

(Ord. 00-126 § 2 (part))

Recordation of Notice of Pendency of Action. Concurrent with service of the notice and order, the building official shall record a notice of pendency of action with the county recorder. The building official shall instruct the county recorder to record the notice and index it in the property index as well as in the name of each owner of record as shown in the last equalized assessment roll or the supplemental roll, whichever is more current, and/or as known to the building official. The notice shall be in substantially the following form:

NOTICE OF PENDENCY OF ACTION

NOTICE IS HEREBY GIVEN that pursuant to Shasta Lake Municipal Code Title 8, Chapter 8.12, an administrative abatement action was commenced on _______, by the City of Shasta Lake against the property described herein and the action is now pending.

The action alleges that the property is in violation of Shasta Lake Municipal Code Chapter in that it constitutes a dangerous building and that such dangerous building must be abated.

As of the date of the commencement of the abatement action, the name and address of the record owner of the property described herein is:

The real property against which the abatement action is pending is that certain real property commonly known as _______, Assessor Parcel No._____, and more particularly described in Exhibit A, attached hereto and incorporated by reference herein.

Dated:_____ CITY OF SHASTA LAKE

_______ Name of Officer

(Ord. 00-126 § 2 (part))

Any building declared a dangerous building under this chapter shall either be repaired, secured or demolished by the owner in accordance with the applicable provisions of the Shasta Lake Municipal Code, the California Building Code, or any other code adopted by the city.

(Ord. 00-126 § 2 (part))

A. Order to Vacate. If any building or structure declared a dangerous building is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants, it shall be ordered to be vacated as provided in this chapter.

B. Posting. Every notice to vacate shall, in addition to being served as provided in Section 8.16.140 be posted at or upon each exit of the building or upon any individual unit to be vacated, and shall be in substantially the following form:

DANGEROUS BUILDING DO NOT ENTER UNSAFE TO OCCUPY

You are hereby ordered and required to vacate this building on or before_______.

It is a misdemeanor pursuant to the City of Shasta Lake Municipal Code Sections 8.16.170 to occupy this building on or after or to remove or deface this notice.

Dated:_____ CITY OF SHASTA LAKE

_______ Name of Official

C. Compliance. Whenever a notice to vacate is posted, the building official shall specify in the notice to vacate the conditions which necessitate an immediate notice to vacate.

D. Violation. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit without the consent of the building official. No person shall remove or deface any such notice after it is posted until the required repairs, securement, demolition, or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Shasta Lake Municipal Code and the California Building Code. Any person violating this subsection shall be guilty of a misdemeanor.

E. The building official may permit occupancy of the building or individual units if the owner corrects those problems which pose an immediate danger to life, limb, property and safety of the public or occupants.

F. Prior to issuing a notice to vacate, the building official shall obtain approval of the city attorney or his/her representative.

(Ord. 00-126 § 2 (part))

Whenever a notice to vacate has been posted and served in accordance with Section 8.16.140, the building official may order the immediate disconnection of any utility services determined to be hazardous by the building official. If the sewer service is ordered disconnected pursuant to this section, city water service to such building shall also be disconnected in order to prevent the accumulation of sewage on such premises. It is unlawful and a misdemeanor for any person to fail to disconnect utility services when ordered to do so pursuant to the provisions of this section.

(Ord. 00-126 § 2 (part))