§ 1350-050. AMENDMENTS
The Uniform Code for Abatement of Dangerous Homes, 1997 Edition, is modified as follows:
(a)
Section 205.1 is hereby amended to read as follows:
205.1 - General. As used in this Code, "Board of Appeals" shall mean the Sutter County Administrative Hearing Officer.
(b)
Section 205.2 of the Uniform Code for Abatement of Dangerous Homes, 1997 Edition, is not adopted and shall not be part of the Sutter County Dangerous Building Code.
(c)
Section 401.2 is hereby amended to read as follows:
401.2 - Preliminary Notice and Order. The building official shall issue a preliminary notice and order directed to the record owner of the building. The preliminary notice and order shall contain:
1.
The street address and a legal description sufficient for identification of the premises upon which the building is located.
2.
A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code. For buildings subject to the State Housing Law, this statement shall also include a brief and concise description of the conditions found to render the building a substandard building as defined in Health and Safety Code section 17920.3 or a building described in Health and Safety Code section 17920.10, and the conditions found to render the building a nuisance as defined in Health and Safety Code section 17920.
3.
A statement of the action(s) required to be taken as determined by the building official.
(i)
The preliminary notice and order shall clearly state that the owner shall have the choice of repairing or demolishing the building, in addition to any other option authorized by this Code and approved by the building official.
(ii)
If, in the opinion of the building official, these conditions can be corrected or abated by repair thereof, the preliminary notice and order shall state the repairs which will be required. However, the failure of the notice to identify specific repairs shall not deprive the owner of the choice to repair or demolish the building, and shall not invalidate the proceedings.
(iii)
The preliminary notice and order shall require that if the owner chooses to repair, all required permits shall be secured therefor and the work physically commenced within such time (not to exceed 30 days from the date of the order) and completed within such time as the building official shall determine is reasonable and feasible under all of the circumstances.
(iv)
The preliminary notice and order shall require that if the owner chooses to demolish, the building shall be vacated within such time as the building official shall determine is reasonable (not to exceed 30 days from the date of the order); that all required permits be secured therefor within 30 days from the date of the order; and that the demolition be completed within such time as the building official shall determine is reasonable.
(v)
The preliminary notice and order shall indicate that if the building is encumbered by a mortgage or deed of trust, of record, and the owner of the building has not complied with the order of the building official on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30-day period, comply with the requirements of the order of the building official, in which event the cost to the mortgagee or beneficiary shall be added to, and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.
(vi)
If the building official has determined that the building or structure must be vacated, the preliminary notice and order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable. Notwithstanding Section 403 of this Code, the building official shall not require the vacating of a residential building unless the building official concurrently requires expeditious demolition or repair to comply with all applicable laws, regulations, building standards, and ordinances.
4.
Statements advising that if the owner does not make a timely choice of repair or demolition; the owner selects an option which cannot be completed within a reasonable period of time, as determined by the building official for any reason, including, but not limited to, an outstanding judicial or administrative order; the repair work is not done within the period required by the notice; or the terms of the notice have not been complied with in any other respect on or before the expiration of 45 days after the mailing and posting of the notice, the building official may institute proceedings for the abatement of the dangerous building, after notice and hearing, before the Board of Appeals as set forth in this Code.
5.
For buildings subject to the State Housing Law, a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.
6.
For buildings subject to the State Housing Law, a provision notifying the owner that a lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the Civil Code.
7.
The name, address, and telephone number of the agency that issued the notice or order.
(d)
Section 401.3 is hereby amended to read as follows:
401.3 - Second Notice/Notice to Abate Nuisance. If the building official determines to proceed with the abatement of the dangerous building through proceedings instituted before the Board of Appeals, it shall give a second notice directing the owner of the building to appear before the Board of Appeals at a stated time and place and show cause why the building should not be condemned as a nuisance, and the nuisance be abated as provided in this Code. The notice shall be headed "Notice to Abate Nuisance" in letters of not less than three-fourths of an inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building situated at _______ is hereby notified to appear before the Sutter County Administrative Hearing Officer, sitting as the Board of Appeals under the Sutter County Dangerous Building Code, at its meeting to be held _______, 20 ___ , at _______ (place of meeting) at the hour of _______ o'clock ___ m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be condemned as a public nuisance and the nuisance be abated by reconstructing or properly repairing the building or by razing or removing it.
Dated: ___________
(Name of enforcement agency)
By: ___________
(Name of officer)
(e)
Section 401.4 is hereby amended to read as follows:
401.4 Service and Posting of Notices. The notices required under this Chapter shall be given in the following manner:
1.
The notices required under this Chapter shall be given in the following manner: The building official shall post conspicuously at least one copy of the notice on the building alleged to be a dangerous building, and shall send another copy by registered or certified mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as that person's name and address appear on the last equalized assessment roll, or as known to the clerk of the governing board of the enforcement agency; and to the record owner, if different; to anyone known to the County to be in possession of the parcel upon which the building is located; to the holder of any mortgage or deed of trust or other lien or encumbrance of record; to the owner of holder of any lease or records; and to the holder of any other estate or legal interest of record in or to the building or the land on which it is located. If the address of any person entitled to notice is unknown to the building official, two copies, each stating this fact, shall be mailed, one to addressed to this person at the county seat of the county where the property is situated, and one addressed to this person at the address of the building involved in the proceedings.
2.
For buildings subject to the State Housing Law, any notice given pursuant to this Chapter shall be provided to any tenants of the building either by both posting a copy of the order or notice in a conspicuous place on the property and by first-class mail to each affected residential unit, or by posting a copy of the order or notice in a conspicuous place on the property and in a prominent place on each affected residential unit.
3.
Proof of service of any notice shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card turned in acknowledgment of receipt by certified mail shall be affixed to a copy of the notice and order shall be filed with the Clerk of the Board of Appeals. The building official shall retain a copy of all documents so filed with the Clerk of the Board of Appeals.
4.
The failure of any owner or other person to receive the notice, shall not affect in any manner the validity of any proceedings taken hereunder.
5.
Service by registered or certified mail in the manner herein provided shall be effective on the date of mailing.
(f)
Section 402 is amended to read as follows:
SECTION 402 - RECORDATION OF NOTICE
Concurrent with service of the "Preliminary Notice and Order" under Section 401.2 of this Code, the building official shall record in the office of the county recorder a certificate describing the property and certifying (i) that the building official has determined that the building is a dangerous building, (ii) that the owner has been so notified, and (iii) that proceedings for the abatement of the dangerous building may be instituted before the Board of Appeals as set forth in this Code. The building official shall record a notice of final disposition in the county recorder's office immediately following final resolution of the proceedings under this Code.
(g)
Section 403 is hereby amended to read as follows:
SECTION 403 - REPAIR, VACATION AND DEMOLITION
The following standards shall be followed by the building official and the Board of Appeals in ordering the repair, vacation, or demolition of any dangerous building or structure:
1.
Any building declared a dangerous building under this code shall be made to comply with one of the following:
(i)
The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or
(ii)
The building shall be demolished at the option of the building owner; or
(iii)
If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. The building official or Board of Appeals shall not require the vacating of a residential building unless the building official or Board of Appeals concurrently requires expeditious demolition or repair to comply with all applicable laws, regulations, building standards, and ordinances.
2.
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, it shall be ordered to be vacated.
3.
For buildings subject to the State Housing Law, in deciding whether to require vacation of the building or to repair as necessary, the Board of Appeals shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the current market value of the dwelling, as determined by the County, and shall give full consideration to the needs for housing as expressed in the County's housing element.
(h)
Section 404 is hereby amended to read as follows:
SECTION 404 - NOTICE TO VACATE
404.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 401.4, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPYIt is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
County of Sutter
404.2 Compliance. Whenever such notice is posted, the building official shall include a notification thereof in the preliminary notice and order issued under Section 401.2, reciting the emergency and specifying the conditions which necessitate the posting. 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. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code, 1997 Uniform Housing Code and 1997 Abatement of Dangerous Building Code.
(i)
Chapter 5 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(j)
Section 601.1 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(k)
Section 603 is amended to read as follows:
SECTION 603 - SCOPE OF HEARING
At the time and place fixed in the "Notice to Abate Nuisance" under Section 401.3 of this Code, the Board of Appeals shall proceed to hear the testimony of the officers or employees of the County and the owner or his representatives, 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 reconstruction, repair or removal, and any other matter which said Board of Appeals may deem pertinent thereto.
(l)
Section 603.2 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(m)
Section 605.2 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(n)
Section 605.3 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(o)
Section 605.4 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(p)
Section 605.5 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(q)
Section 605.6 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition is not adopted and shall not be a part of the Sutter County Dangerous Building Code.
(r)
Section 605.7 is amended to read as follows:
605.7 Form of Decision. Upon the conclusion of said hearing, the Board of Appeals shall issue its decision by Administrative Order, which shall contain findings of fact and a determination of the issues presented. In the event that the Board of Appeals so concludes, the Administrative Order shall 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 the passage of said Administrative Order by having said building properly reconstructed or repaired, or having the same razed or removed and notifying said owner that if said nuisance is not abated said building will be repaired or razed or removed by the County and the expense thereof made a lien on the lot or parcel of land upon which said building is located.
(s)
Section 605.9 is added to read as follows:
605.9 Service of Decision. The decision of the Board of Appeals shall be served and posted in accordance with Section 401.4 of this Code. Service and posting shall be effected within 60 days after the date the decision is rendered. In addition to the foregoing, tenants in a residential building subject to the State Housing law shall be provided with copies of any building or demolition permit issued by the County following the decision of the Board of Appeals.
(t)
Section 701.1 is amended to read as follows:
701.1 Compliance Required. Any person who is an owner of any building declared to be a nuisance by the Board of Appeals under this Code who fails to abate the nuisance as directed within 30 days after the date of posting of notice on said premises, or any extension of that period granted pursuant to Section 702 of this Code, is guilty of a misdemeanor.
(u)
Section 701.2 is amended to read as follows:
701.2 Jurisdiction to Abate. Thirty days after the posting of the copies of the Administrative Order declaring any building a nuisance, the County shall be deemed to have acquired jurisdiction to abate such nuisance by repairing or 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 pursuant to Section 702 of this Code. In the event that the nuisance is not abated within the time prescribed the County may thereupon repair or raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision.
(v)
Section 701.3 is amended to read as follows:
701.3 Failure to Commence Work. Whenever the required repair or demolition is not commenced within thirty days after the date of posting of notice on said premises, or any extension of that period granted pursuant to Section 702 of this Code:
1.
The building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPYIt is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
County of Sutter
2.
No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code.
3.
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 which render the building dangerous as set forth in the notice and order; or, if the Administrative Order of the Board of Appeals authorized demolition, to cause the building to be razed and removed and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided by this Code.
4.
Tenants in a residential building subject to the State Housing law shall be provided with copies of the building official's decision to repair or demolish the building.
(w)
Section 801.1 is amended to read as follows:
801.1 Procedure. When any work of repair or demolition is to be done pursuant to Section 701.3, Item 3, of this Code, the building official shall issue an order therefor to the Director of Development Services and the work shall be accomplished by County personnel or by private contract under the direction of said Director. Plans and specifications therefor may be prepared by said Director, or the County may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. The Director may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the Board of Supervisors prior to commencement of work. Nothing herein shall be construed to require that any private contract under this Code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the State of California.
(x)
Section 801.2 is amended to read as follows:
801.2 Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made an obligation of each owner of the parcel upon which the building is located and may be specially assessed as a lien against the parcel, as provided by this Code.
(y)
Chapter 9 is amended to read as follows:
SECTION 901 - SALE OF MATERIALS
The building materials contained in any such building so razed or removed may be sold by the Board of Supervisors at public sale to the highest responsible bidder after not less than five days' notice of intended sale published at least once in a newspaper of general circulation published in the city or county wherein such building is located, either before or after said building has been razed or removed and any amount received from the sale of such building materials shall be deducted from the expense of razing or removing said building. Nothing herein shall be construed to require the Board of Supervisors to sell any such building materials. Unsold building materials may be disposed of by the building official by any lawful means, and the costs of such disposal included in the expenses of abatement.
SECTION 902 - ITEMIZED ACCOUNT OF EXPENSES
The Director of Development Services shall keep an itemized account of all of the expenses involved in abating the nuisance, including, but not limited to, administrative costs, and any and all costs incurred in the physical abatement of the nuisance, and shall deduct therefrom any amount received from the sale of the building materials.
SECTION 903 - EXPENSE STATEMENT AND NOTICE OF HEARING
The building official shall cause an expense statement to be posted conspicuously on the property from which the nuisance was abated and served in accordance with Section 401.4 of this Code. This statement shall be verified by the building official, showing the reasonable gross and net expense of the abatement actions taken by the agency, including the expense of inspections; repairs, if any; the cost of the razing or removing of the building, if applicable; and any other costs of abatement, together with a notice of the time and place when and where the statement shall be submitted to the Board of Supervisors for approval and confirmation and at which time said Board of Supervisors shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work and any other interested persons. The time for confirmation shall be not less than ten days from the date of the posting and mailing of said statement and notice.
SECTION 904 - CONFIRMATION OF EXPENSE STATEMENT
At the meeting noticed pursuant to Section 903, the Board of Supervisors shall consider the statement, together with any objections or protests which may be raised by any of the property owners liable to be assessed for doing the work and any other interested persons; and thereupon said governing board may make such revision, correction, or modification in the statement as it may deem just, after which, by motion or resolution, said report as submitted, or in the event any revisions, corrections or modifications have been ordered made by said governing board then said statement as revised, corrected or modified, shall be confirmed. The Board may adjourn said hearings from time to time and its decisions on said statement and on all protests and objections which may be made shall be final and conclusive.
SECTION 905 - EXCESS PROCEEDS
In the event that the amount received from the sale of material, if any, exceeds the expenses of razing or removing such building, then such excess shall be deposited with the County Treasurer to the credit of the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership satisfactory to said Treasurer.
SECTION 906 - PERSONAL OBLIGATION OF THE OWNER
Except as set forth in Section 905 of this Code, the net expense of abating the nuisance, as confirmed by the Board of Supervisors, shall be the personal obligation of each owner of the property to pay to the County. In addition to any other remedy, the County Counsel may bring a civil action in the name of the County against any such owner to recover this expense.
SECTION 907 - ASSESSMENT OF COSTS AGAINST THE PARCEL
Pursuant to Government Code section 25845, if the owner fails to pay the costs of the abatement upon demand by the county, the cost of the abatement shall be specially assessed against the parcel. The Clerk of the Board of Supervisors shall certify the existence and amount of this assessment to the County Auditor and County Tax Collector, and the assessment shall thereafter be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.
SECTION 908 - NOTICE OF ABATEMENT LIEN
The building official shall cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the Board of Supervisors and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost. Recordation of a notice of abatement lien shall have the effect set forth in Government Code section 25845. The statute of limitations shall not run against the right of County to enforce the payment of said lien.
(Ord. No. 1645, § 1, 5-8-2018)