Stockton Municipal Code Art. II Securing of Unsafe Buildings

It is hereby found and expressly declared that the existence of an unsecured building within the City is a public nuisance and dangerous to the health and safety of the inhabitants of said City. An unsecured building is hereby defined and when so designated by the code official as any unoccupied house, garage, building or any other structure which is unoccupied and into which free entry may be made through the existence of any unsecured opening, including broken and unboarded windows and doorways.

(Ord. 2025-03-04-1204, 3/4/2025)

It is unlawful for any owner, agent, lessee or person having charge or control of any unsecured building within the City of Stockton to refuse or neglect to secure said building hereinbefore declared to be a public nuisance within a period of 10 days after such owner, agent, lessee or other person above described has been given notice as provided in Stockton Municipal Code, Title 1, Chapter 1.24 et seq., or Chapter 1.28 et seq., or Chapter 1.32 et seq., which shall order that the building be secured and the public nuisance thereby abated. Said Notice shall order that the building be secured pursuant to Stockton Municipal Code, Title 15, Chapter 15.32, or in a manner approved by the code official. Any person entitled to appeal a securing action by the City may appeal the Notice or any action of the code official specific to the securing action, by requesting an Administrative Hearing in accordance with Stockton Municipal Code, Title 1, Chapter 1.44.

(Ord. 2025-03-04-1204, 3/4/2025)

In the event such owner, agent, lessee or other person having charge or control of an unsecured building fails, refuses, or neglects within said 10-day period to secure an unsecured building in accordance to the provisions of Section 15.32.050 or as approved by the Building Official, hereinbefore declared to be a public nuisance, then the City may cause said building to be secured and the cost of such work shall be paid forthwith by such owner, agent, lessee or other person.

(Ord. 2025-03-04-1204, 3/4/2025)

Liability to the City for the cost of securing said building shall attach only to the person who was the owner, agent, lessee or person having charge or control of the building at the time the work was done by the City; provided, however, that this chapter shall not be construed to impair any lien which shall exist under Stockton Municipal Code, Section 15.24.130.

(Ord. 2025-03-04-1204, 3/4/2025)

In the event that the securing of any such unsecured building hereinbefore declared to be a public nuisance is done by the City, the code official or designated agent shall compute from records the costs of work done attributable to the premises on which the building is situated. The code official shall then cause notice of said cost to be given in the manner specified herein for the giving of notice to secure, which notice shall specify the day, hour, and place when the hearing before the Administrative Hearing Officer concerning the cost of securing together with any objection or protests, if any, which may be raised by any person liable to be assessed for the cost of such securing. Any other interested person may be heard.

(Ord. 2025-03-04-1204, 3/4/2025)

Any person entitled to appeal the cost of securing by the City may appeal the cost by requesting an Administrative Hearing pursuant to Stockton Municipal Code, Title 1, Chapter 1.44.

(Ord. 2025-03-04-1204, 3/4/2025)

In the event that the securing of such buildings is done by the City, the City Manager or designated agent shall prepare and file a report specifying the work which has been done, its cost, a description of the building on which the work was done, a description of the real property upon which the work was done and the assessment against each lot, parcel or premises of land to be levied to pay the costs thereof. Any such report may include work done on any number of parcels whether contiguous to each other or not.

(Ord. 2025-03-04-1204, 3/4/2025)

The costs of the securing of said buildings may be assessed by the Administrative Hearing Officer against the parcel of property upon which such work was done, and such costs so assessed, if not paid within five days after its confirmation by the Administrative Hearing Officer, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment, and all interest thereon is paid, or until it is discharged off record.

(Ord. 2025-03-04-1204, 3/4/2025)

Five days after confirmation of said report, a copy shall be turned over to the Assessor and the Tax Collector of the City, whereupon it shall be the duty of said officer to add the amounts of the respective unpaid assessments to the next regular bills for taxes levied against the said respective lots and parcels of land for municipal purposes. Thereafter, said amounts 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 for ordinary municipal taxes.

(Ord. 2025-03-04-1204, 3/4/2025)

All or any portion of the special assessment herein mentioned shall be canceled, or if collected, be refunded by the Director of Finance pursuant to such procedures as may be adopted from time to time by resolution of the City Council, and subject to any limitations which may be imposed by any such resolution.

(Ord. 2025-03-04-1204, 3/4/2025)

It is unlawful for any person, owner, agent, lessee, or person having charge or control of an unsecured building to refuse to allow representatives of the City to enter upon any property between 6:00 a.m. and 6:00 p.m. where any public nuisance as defined in Stockton Municipal Code, Section 15.24.050 hereof is reasonably believed to exist, for the purpose of inspection, and where such nuisance exists, for the purpose of securing same as provided in Stockton Municipal Code, Chapter 15.32, after notice has been given in accordance with Stockton Municipal Code, Title 1, Chapter 1.24, or Chapter 1.28, or Chapter 1.32, or to interfere with said representatives of the City in any manner whatsoever in the securing of said nuisances. If the section or any portion thereof is held to be invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of Stockton Municipal Code, Sections 15.24.050 through 15.24.140.

(Ord. 2025-03-04-1204, 3/4/2025)

All money recovered by payment of the charge, or assessment, or from the sale of the property at foreclosure sale, shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund.

(Ord. 2025-03-04-1204, 3/4/2025)