Chapter 5-22
DILAPIDATED BUILDINGS
Sections:
Article 1. Nuisance Procedures
5-22-115 Declaration of nuisance.
5-22-120 Appeal of declaration.
5-22-125 Jurisdiction to abate nuisance.
5-22-145 Definition of “owner.”
Article 1. Nuisance Procedures
5-22-100 Public nuisance.
Every building or structure which has become so dilapidated from old age or neglect as to be a fire menace, or a breeding place for rodents, or a likely resort for vagrant or dissolute persons, is hereby declared to be a public nuisance.
5-22-105 Notice to owner.
Whenever the City Manager shall find any building so dilapidated as aforesaid, he shall give notice, in the manner hereinafter stated, directing the owner thereof to appear before the City Council at a stated time and show cause why such building or structure should not be condemned as a public nuisance and said nuisance be abated as herein provided. Said notice shall be headed, “NOTICE TO ABATE NUISANCE” in letters of not less than three-quarters of an inch (3/4″) in height, and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building or structure at ___________ in the City of San Juan Bautista is hereby notified to appear before the City Council at its meeting to be held _______, 20___ at the Council Chambers in the City Hall in said City of San Juan Bautista at the hour of 8:00 o’clock p.m. or as soon thereafter as he may be heard, and show cause, if any he has, why said building or structure should not be condemned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or structure or by razing or removing the same.
CITY OF SAN JUAN BAUTISTA
DATED: ___________, 20___
__________________________
City Manager
The City Manager shall post conspicuously at least one (1) copy of said notice on the building or structure sought to be so condemned. He shall also send another copy by registered mail (postage prepaid) addressed to the person who is named as the owner on the books of the County Assessor of San Benito County, in case the address of such person is known, to said Assessor, but the failure to mail such notice or the failure of any owner to receive the same shall not affect in any manner the validity of any proceedings taken hereunder providing said notice has been posted as hereinbefore mentioned said notice must be posted as aforesaid at least ten (10) days before the time fixed for the hearing before the City Council.
Upon giving notice as aforestated, the City Manager shall file an affidavit with the City Clerk certifying to the time and manner in which the same was done. He shall also file therewith any receipt card which may have been mailed back to him in acknowledgement of the receipt of such notice in addition to posting the same.
5-22-110 Hearing.
At the time fixed in said notice, the Council shall proceed to hear the testimony of the City Manager and the testimony of the owner if present at said hearing, and other competent persons who may be present and desire to testify, respecting the conditions of the building or structure sought to be condemned, and the estimated cost of its reconstruction, repair or removal, after which the Council may condemn the same and order its razing or removal, or take such other action in the premises as they may deem advisable. The Council may continue said hearing from time to time.
5-22-115 Declaration of nuisance.
If the owner fails to appear at the time fixed for said hearing, or the time to which said hearing may have been continued, the Council shall proceed to hear the testimony of the City Manager and of such other competent persons who may be present and desire to testify respecting the condition of said building or structure, after which said Council may pass a resolution declaring said building or structure to be a public nuisance and directing the owner to abate said nuisance within thirty (30) days from the passage of said resolution by having said building or structure properly reconstructed or repaired or by having the same razed or removed, and notifying him that if said nuisance is not so abated, said building or structure will be razed or removed by the City Manager and the expense thereof made a lien on the lot or parcel of land from which it was removed.
Upon the passage of said resolution, the Building Inspector shall post a copy thereof conspicuously on the building or structure so condemned, and mail another copy to the person named as the owner on the books of the County Assessor of San Benito County, if his address is known to said Assessor, after which said City Manager shall file his affidavit with the City Clerk certifying to the time and manner of posting a copy of said resolution, and also as to the mailing of a copy in case a copy was mailed.
5-22-120 Appeal of declaration.
Any owner or other interested person having any objections or feeling aggrieved at any proceedings taken by the City Council in condemning any such building or structure, must bring an action in a court of competent jurisdiction within thirty (30) days after passage of said resolution to contest the validity of the proceedings taken by the Council, otherwise all objections will be deemed waived.
5-22-125 Jurisdiction to abate nuisance.
Thirty (30) days after posting a copy of the resolution declaring said building or structure a public nuisance as aforesaid, the City Manager shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building or structure so condemned and, unless the nuisance is abated by the owner or his agent in the meantime, the City Manager shall thereupon raze and remove the condemned building or structure or have the same done under his direction and supervision.
5-22-130 Materials for sale.
The lumber and any other materials contained in any such condemned building or structure shall be sold by the City Manager at public auction, after not less than five (5) days notice thereof published in a newspaper of general circulation published and circulated in said City, either before or after said building or structure has been razed and removed, and the amount received from the sale of such lumber and material shall be deducted from the expense of razing or removing the same.
5-22-135 Account of expenses.
The City Manager shall keep an itemized account of the expenses involved in the razing or removing of the condemned building or structure, and deduct therefrom the amount received from the lumber and materials as aforesaid. He shall then post conspicuously on the property from which the building or structure was removed a verified statement of the gross and net expense of razing or removing the building or structure together with a notice of the time and place when and where said statement shall be submitted to the City Council for approval and confirmation. He shall mail another copy of said statement and notice to the person named as the owner of the books of the County Assessor of San Benito County if his address is known to said Assessor, after which said City Manager shall file his affidavit with the City Clerk certifying to the time and manner of posting such statement and notice, and also as to the mailing of a copy in case a copy was mailed. The time for submitting said statement to the Council for confirmation shall not be less than five (5) days from the posting of said statement and notice as aforementioned.
5-22-140 Hearing on expenses.
At the time fixed for hearing on the statement of expense the Council shall consider the statement and such objections as may be offered against it, whereupon they shall modify, amend or confirm the same as submitted; provided, they may continue said hearing from time to time. When finally confirmed, in the event the cost of razing or removing exceeds the proceeds of the sale of lumber and materials then the City Clerk shall transmit a certified copy of the said statement as confirmed by the City Council to the County Assessor of San Benito County and a further copy to the County Tax Collector of San Benito County.
Upon final confirmation of said statement, the net expense, if any of abating any such nuisance, shall constitute a lien on the real property upon which the same was abated or removed, and the amount thereof shall be added to the next succeeding tax bill against said property, and shall be collectable at the same time and in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency; provided, that if the amount received from lumber or other materials should in any case exceed the expense of razing or removing such building or structure then, and in that event, such excess shall be deposited with the City Treasurer to the credit of the owner of said property or to such other person legally entitled thereto, such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership satisfactory to said City Treasurer.
5-22-145 Definition of “owner.”
For the purpose of this Chapter, the word “owner” shall mean and include the person or persons owning the fee or their agents, executors, administrators or guardians.
Legislative History: Ord. 130 (6/3/64).