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Chapter 7.10
BUILDING ABATEMENT

Sections:

7.10.010    Nuisance abatement – Authority to enforce.

7.10.020    Definitions.

7.10.030    Determination of nuisance – Notice to abate.

7.10.040    Posting of signs to vacate.

7.10.050    Administrative show cause hearing.

7.10.060    Appeal of demolition order.

7.10.070    Recordation.

7.10.080    Standards in ordering repair, vacation or demolition.

7.10.090    Abatement by city.

7.10.100    Record of expenses – Notice of expenses.

7.10.110    Council confirmation hearing.

7.10.120    Payment by owner, nuisance abatement lien.

7.10.130    Emergency procedure.

7.10.010 Nuisance abatement – Authority to enforce.

A. The procedure set forth in this chapter for the abatement of a nuisance concerning a building or structure, and the making of the cost of abatement a special assessment or lien against that parcel is adopted under these authorities: Government Code sections 38771 through 38773.7, Civil Code section 3494, Health and Safety Code sections 17980 through 17980.8, California Code of Regulations Title 25, and the building codes adopted under PHMC Title 14.

B. The procedure set forth in this chapter is not exclusive and is in addition to the procedures established by any other lawful authority.

C. Under California Code of Regulations, Title 25, Section 52, the city council hereby determines that the procedures set forth in this chapter are equivalent to those in California Code of Regulations, Title 25.

D. Under the adopted building codes, the chief building official is authorized and directed to enforce those codes. The enforcement officer is authorized to enforce and to carry out the nuisance abatement provisions of this title; provided, that whenever a violation involves an unsafe, substandard and dangerous building, the technical determinations shall be made by the chief building official. The health officer and fire marshal are hereby authorized to make such determinations and take such actions within their areas of responsibility as may be required to enforce the provisions of this chapter. (Amended during 2005 recodification; Ord. 728 § 6, 1998; 1991 code § 11-3.1)

7.10.020 Definitions.

For purposes of this chapter, the following definitions apply. If a term is not defined here, that term shall have the meaning stated in the adopted building codes, or in the dictionary.

A. Chief building official means the city’s chief building official or his or her designee.

B. Costs or expenses to abate the nuisance means the actual cost of abatement plus all administrative expenses, including direct and indirect personnel costs; costs incurred in documenting the nuisance; the actual expenses and costs of the city in the preparation and dissemination of notices, specifications, and contracts and in inspecting the work; the costs of printing and mailing the required notices; and the costs of imposing a lien, if a lien becomes necessary.

C. Enforcement officer means the city code investigator.

D. Hearing officer means the zoning administrator or his/her designee. In a case where demolition is ordered, the city council shall be the hearing officer on appeal.

E. Owner means the person owning real property (the owner of record as shown on the latest county records); the lessee, tenant or other person having control or possession of the property; the mortgagee under a recorded deed of trust; and any other person having a recorded beneficial or legal interest.

F. Unsafe, substandard and dangerous building means a building or structure in a condition as described in PHMC § 7.05.030, Nuisance – Unsafe, substandard and dangerous building. (Amended during 2005 recodification; Ord. 728 § 6, 1998; 1991 code § 11-3.2)

7.10.030 Determination of nuisance – Notice to abate.

A. Determination. Whenever the enforcement officer or chief building official determines that property within the city is being maintained as a public nuisance and is an unsafe, substandard and dangerous building, the enforcement officer shall give written notice to the owner by serving a “Notice to Abate or Show Cause.”

B. Contents of notice. The notice to abate or show cause shall include the following:

1. The street address, legal description or other description sufficient to identify the property affected.

2. A description of the conditions which constitute the nuisance and which render the building or structure an unsafe, substandard and dangerous building, and the code section(s) being violated.

3. A statement directing the owner to correct or abate the nuisance, either by repair, rehabilitation, demolition or removal, after first obtaining a building permit or demolition permit from the building inspection department. The statement shall establish the length of time permitted for voluntary abatement of the nuisance, as the enforcement officer determines is reasonable under the circumstances. The time shall be at least 30 days and not more than 120 days from the date of the notice (unless the enforcement officer or chief building official determines that immediate action is necessary, under PHMC § 7.10.130).

4. A statement that the owner (including any person having a beneficial or legal interest) may, within 10 days of service of the notice to abate, file a written request for an administrative hearing to show cause why the condition should not be abated (unless the enforcement officer or chief building official determines that immediate action is necessary under PHMC § 7.10.130). The notice shall also state that the failure to seek a hearing as provided shall constitute a waiver of all right to an administrative hearing and determination of the matter and will waive all right to maintain an action to set aside or modify the enforcement officer’s notice, order and action.

5. A statement that if the owner does not voluntarily abate the nuisance or request a hearing within the specified time period, or within an extension of time as may be granted by the enforcement officer for good cause shown, the city will enter the property and abate the nuisance, and the cost of abatement will become a charge against the owner and a lien or assessment against the property, if unpaid.

6. If necessary, the notice may also require the building or structure to be vacated by a certain date and not reoccupied until the required repairs and improvements are completed, inspected and approved by the enforcement officer and chief building official.

7. If the building or structure is encumbered by a mortgage or a deed of trust of record, and the owner has not complied with the order of the enforcement officer within the time specified in the notice, the mortgagee or beneficiary may, within the same period, comply with the notice. For good cause shown, the enforcement officer may extend the time within which to complete the repairs, rehabilitation, demolition or removal, not to exceed 120 days.

8. If the building is substandard housing, a statement that the owner who derives income from substandard housing is not allowed deductions for interest, taxes, depreciation or amortization paid or incurred in the taxable year with respect to the substandard housing, under California Revenue and Taxation Code sections 17274 and 24436.5.

9. If the building includes tenants, a statement that the lessor cannot retaliate against a lessee, under Civil Code section 1942.5.

C. Manner of giving notice. The notice to abate or show cause shall be given to the owner(s) in person or by regular, first class mail, postage prepaid, to the owner’s address as it appears on the last equalized assessment roll or as known to the enforcement officer. Notice is deemed complete at the time notice is personally delivered or deposited in the mail. The enforcement officer shall post at least one copy of the notice in a conspicuous place on the building. If the building has one or more tenants, the notice shall also be mailed to each affected residential unit or posted in a prominent place on each affected residential unit.

If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication thereof in a newspaper of general circulation published in Contra Costa County pursuant to Government Code section 6062. If the address of any known person entitled to notice is unknown to the enforcement officer, then a copy shall be mailed to that person at the address of the building.

The person who posts or mails the notice shall complete a written declaration of posting or mailing, or both, made under penalty of perjury. The declaration shall certify to the time and manner in which notice was given. The declaration, and any receipt card which may have been returned acknowledging receipt or refusal, shall be kept in the city’s file.

The failure of a person to receive notice shall not affect the validity of proceedings under this chapter. (Amended during 2005 recodification; Ord. 782 § 4, 2004; Ord. 728 § 6, 1998; 1991 code § 11-3.3)

7.10.040 Posting of signs to vacate.

In those cases in which the chief building official or enforcement officer has determined that it is necessary to vacate the building, the enforcement officer shall post at each entrance to the building a notice to read:

DO NOT ENTER. UNSAFE TO OCCUPY.

It is a misdemeanor to occupy this building, or to remove or deface this notice. Code Enforcement and Building Inspection Divisions, City of Pleasant Hill.

The notice shall remain posted until the required repairs, demolition or removal are completed. No person shall remove the notice without written permission of the enforcement officer or chief building official. No person shall enter the building except for the purpose of complying with the notice, until a certificate of occupancy is issued by the building inspection department. (Ord. 728 § 6, 1998; 1991 code § 11-3.4)

7.10.050 Administrative show cause hearing.

A. Any person having a beneficial or legal interest in the property may file a request for hearing. The request must be in writing, and submitted to the enforcement officer within the time specified in the notice to abate or show cause. The only exception to this right to a prior hearing is in a case where the enforcement officer or chief building official must take immediate action pursuant to PHMC § 7.10.130.

B. If a timely request for a hearing is received, the hearing officer shall set a time and date for hearing and notify the person requesting the hearing of the time, date, and place at least 10 days before the hearing.

C. At the time of the hearing, the hearing officer shall hear and consider all relevant evidence from the owner, enforcement officer, chief building official and any other interested person. The hearing is an informal opportunity for the person requesting the hearing to present his or her arguments against the requirement to abate the nuisance. The hearing officer may continue the hearing from time to time.

D. At or after the hearing, the hearing officer shall render a decision either upholding, modifying or denying the requirement of abatement. The decision of the hearing officer shall be in writing, shall include the reasons for the decision, and shall be served personally or by mail to the person requesting the hearing, and to all owners. If the requirement is upheld, the decision shall contain an order to abate and a deadline for abatement. The decision of the hearing officer is final unless the order is for demolition, in which case the owner may appeal the hearing officer’s decision to the city council under PHMC § 7.10.060.

E. The failure to file a timely request for an administrative hearing shall constitute a waiver of all right to a hearing and will waive the right to maintain any action to set aside or modify the enforcement officer’s notice, order and action. (Ord. 728 § 6, 1998; 1991 code § 11-3.5)

7.10.060 Appeal of demolition order.

A. If demolition is ordered, any person having a beneficial or legal interest in the property may file an appeal to the city council, except in a case where the enforcement officer or chief building official must take immediate action pursuant to PHMC § 7.10.130. The appeal must be in writing, stating the reasons for the appeal, and be filed within 10 days after the hearing officer’s written decision is rendered under PHMC § 7.10.050.

B. The enforcement officer shall give the appellant and any other owner written notice of the time and place of the appeal hearing at least 10 days before the hearing. Enforcement of any notice and order of the enforcement officer or hearing officer (under PHMC § 7.10.050) is stayed during the pendency of the appeal.

C. The decision of the council on appeal is final. An aggrieved person shall have 30 calendar days from the effective date of the council’s decision to bring an action in a court of competent jurisdiction to contest the validity of the proceedings or the decision of the council. Otherwise, all right to maintain an action to set aside or modify the council’s decision is waived. (Ord. 728 § 6, 1998; 1991 code § 11-3.6)

7.10.070 Recordation.

If the owner has not complied with the notice within the time specified, or by the date established in the hearing officer’s notice of decision if a hearing was held, or within the period of an extension granted for good cause, the enforcement officer or chief building official shall file in the office of the county recorder a certificate describing the property and certifying that the building is an unsafe, substandard and dangerous building and that the owner has been so notified. Whenever the corrections ordered have been completed, or the building demolished, so that it no longer exists as an unsafe, substandard and dangerous building, the enforcement officer or chief building official shall file a new certificate in the recorder’s office certifying that the building is no longer an unsafe, substandard and dangerous building.

The enforcement officer may also file with the county recorder a notice of noncompliance, if the nuisance involves substandard housing and the officer has followed the procedures set forth in Revenue and Taxation Code sections 17274 and 24436.5. (Ord. 728 § 6, 1998; 1991 code § 11-3.7)

7.10.080 Standards in ordering repair, vacation or demolition.

The following standards shall be followed by the enforcement officer, chief building official (and by the hearing officer if a hearing is held) in ordering the repair, vacation or demolition of a building or structure:

A. A building or structure declared an unsafe, substandard and dangerous building under this chapter shall be made to comply with one of the following:

1. The building shall be repaired in accordance with the current building codes or other current codes applicable to the type of conditions requiring repair; or

2. The building shall be demolished at the option of the building owner; or

3. 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.

B. 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 of the occupants, it shall be ordered to be vacated. (Ord. 728 § 6, 1998; 1991 code § 11-3.8)

7.10.090 Abatement by city.

No person to whom an order is directed shall fail, neglect or refuse to obey the order, after it becomes final.

If the nuisance is not completely abated within the time prescribed by the notice to abate or show cause, or by the date established in the hearing officer’s notice of decision if a hearing is held, or an extension granted for good cause, the enforcement officer may institute any appropriate action to abate the building as a public nuisance. In addition to any other remedy allowed, the enforcement officer may cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous, or, if the notice and order require demolition, to cause the building to be sold or demolished, or both, and the materials, rubble and debris removed and the lot cleaned. Any surplus realized from the sale of the building, or from the demolition, which exceeds the cost of demolition and cleaning the lot, shall be paid to the person (owner or lender) entitled to be paid.

The work may be done by city personnel or private contractor. The city personnel and/or private contractor may enter upon the property with either the owner’s consent or a warrant from the court to enter the property, if legally required. Plans and specifications may be prepared by the public works department or architectural or engineering personnel hired on a contract basis, as deemed reasonably necessary. (Ord. 728 § 6, 1998; 1991 code § 11-3.9)

7.10.100 Record of expenses – Notice of expenses.

A. The enforcement officer shall keep an account of the costs and expenses, and shall prepare a report regarding the costs of abatement.

B. The enforcement officer shall send a statement of the costs to the person or persons receiving the notice to abate. The person(s) receiving the notice to abate are liable to the city for the costs incurred in abating the nuisance.

C. If any of the costs remain unpaid after 30 days, the unpaid portion shall constitute and is hereby declared to be a lien on the real property which was the subject of the notice to abate and may be collected as a nuisance abatement lien or made a special assessment against the real property. The enforcement officer shall present the costs report and a resolution of lien (or assessment) to the city council.

At least 10 days before the council meeting at which the cost report and resolution of lien (or assessment) are considered, the enforcement officer shall mail the owner a copy, together with a notice of the time and place of the council meeting at which the report will be considered, and advising the owner that he or she may appear and protest any cost item contained in the report. The report and notice shall also be posted conspicuously on the property. Failure to receive the notice shall not invalidate the proceedings. (Ord. 728 § 6, 1998; 1991 code § 11-3.10)

7.10.110 Council confirmation hearing.

At the time fixed for hearing on the report of expenses, the council shall consider the report and protests or objections raised by the person liable to be assessed for the cost of abatement. The council may revise, correct or modify the report as it considers just. Thereafter, the council shall by resolution confirm the report and approve the nuisance abatement lien, making the cost of abatement a lien against the property if not paid. The decision of the city council on the report and the charge, and on all objections, is final. (Ord. 728 § 6, 1998; 1991 code § 11-3.11)

7.10.120 Payment by owner, nuisance abatement lien.

A. The nuisance abatement lien shall specify the amount of the lien, the name and address of the city (on whose behalf the lien is imposed), the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel. The lien shall also state that the lien accrues interest at the legal rate of interest.

B. The city clerk shall serve a copy of the resolution and the nuisance abatement lien on the owner in accordance with Government Code section 38773.1(b) and Code of Civil Procedures section 415.10 and following.

C. The city clerk shall record a certified copy of the nuisance abatement lien in the Contra Costa County recorder’s office. From the date of recording, the lien has the force, effect and priority of a judgment lien.

Alternatively, the city may make the cost of abatement a special assessment against the property. The notice of the special assessment shall be recorded. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to the special assessment. The assessment may 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 and sale in case of delinquency as provided for ordinary municipal taxes. (Govt. Code § 38773.5.)

D. If the lien (or assessment) is discharged, released or satisfied, either through payment or foreclosure, the city clerk shall record a notice of that fact in the recorder’s office. The notice shall include all of the information set forth in subsection A of this section.

E. The validity of an assessment made under this chapter shall not be contested in any court action or proceeding unless it is begun within 30 days after the assessment is placed on the assessment roll. Such contest shall involve only the amount of assessment, and shall not involve any question of the validity of the abatement. (Ord. 728 § 6, 1998; 1991 code § 11-3.12)

7.10.130 Emergency procedure.

When the conditions which constitute the nuisance pose an immediate danger to the life, limb, property, health or safety of the public, the enforcement officer or chief building official may order the building to be vacated under the adopted building codes (including Uniform Housing Code Sections 1103 through 1104 or the Uniform Code for the Abatement of Dangerous Buildings Sections 403 through 404 or their successor provisions). Depending upon the circumstances constituting the danger, the enforcement officer or chief building official may cause the nuisance to be abated summarily and without notice, or may reduce the number of days allowed for notice and abatement provided in this chapter. The expense of abatement shall become a lien on the property if unpaid and shall be collected as provided in PHMC § 7.10.100. (Amended during 2005 recodification; Ord. 728 § 6, 1998; 1991 code § 11-3.13)