Shasta Lake Municipal Code Art. V Procedure

Whenever the building official has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is a dangerous building he/she shall (1) commence proceedings to repair, vacate, secure or demolish the building or (2) commence proceedings to cause abatement of the substandard building and/or public nuisance.

(Ord. 00-126 § 2 (part))

The responsible official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

A. The street address and a legal description sufficient for identification of the premises upon which the building and/or public nuisance is located;

B. A statement that the building official has found the building or structure to be dangerous, substandard and/or a public nuisance with a brief and concise description of the conditions found to render the building substandard or dangerous under the provisions of this chapter;

C. A statement advising that, in accordance with Sections 17274 and 24436.5 of the California Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.

(Ord. 00-126 § 2 (part))

A. The notice and order that the building official has determined that the building must be repaired or demolished at the option of the owner in the manner and within the time limitations hereinafter specified.

1. If the owner elects to repair the building, all required permits for repair shall be secured therefore and the work physically commenced thirty (30) days from the date of the order and completed within such time as the building official shall determine is reasonable under all of the circumstances.

2. If the owner elects to demolish the building, all required demolition permits shall be secured therefore and demolition commenced not later than thirty (30) from the date of the order, and that demolition be completed within such time as the building official shall determine is reasonable.

3. If, prior to compliance, the building or conditions in the building or on the property becomes an immediately dangerous building or an immediately dangerous condition as defined in Section 8.12.030, the city may abate the immediately dangerous building or the immediately dangerous condition as provided in Section 8.12.040.

B. Statements advising that if any required repair or demolition work is not commenced or completed with the time specified, the building official:

1. May order the building vacated and posted to prevent further occupancy until the work is completed 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;

2. May order the immediate disconnection of hazardous utility services (electricity, gas, sewer or water); and

3. May proceed to repair, secure or demolish the building and charge the costs thereof against the property and its owner.

C. Statements advising:

1. That any person having any record title or legal interest in the building may appeal, from the notice and order or any action of the building official to the abatement hearing officer, provided the appeal is made in writing, as provided in this chapter, and filed with the building official within thirty (30) days from the date of the order; and

2. That failure to appeal will constitute a waiver of all rights to an administrative hearing and a final determination of the matter. The final order is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 00-126 § 2 (part))

A. The notice shall contain an order to the owner to appear before the abatement hearing officer at a stated time, but in no event less than thirty (30) calendar days after having mailed such notice, to show cause why the premises should not be declared a substandard building and/or a public nuisance and the same abated in accordance with this chapter.

B. A statement advising the owner that he/she has the option of voluntarily abating the substandard building and/or public nuisance prior to the date set for hearing. If the owner chooses voluntary abatement, such abatement must be completed prior to the hearing date. The owner must advise the responsible official in writing that he/she will voluntarily abate the substandard building and/or public nuisance, and the proposed date of completion. The responsible official will inspect the premises on the completion date, and if the substandard building and/or public nuisance has been abated, the hearing will be taken off calendar. The owner may request a continuance of the hearing pursuant to Section 8.16.230.

C. A statement that the decision and order of the abatement hearing officer after the hearing is a final decision and order and is subject only to judicial review pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 00-126 § 2 (part))

A. A statement advising the owner whether the city elects to seek its attorney's fees in the abatement proceeding pursuant to Section 8.16.280;

B. A statement that every owner of property within the city is liable to the city for the total cost of abatement proceedings undertaken pursuant to this chapter on his/her property;

C. A statement about how and where interested persons may contact the responsible official or his/her designee about the hearing notice.

(Ord. 00-126 § 2 (part))