Chapter 15.16
UNSAFE BUILDINGS
Sections:
15.16.020 Notice to appear before council.
15.16.040 Resolution ordering abatement.
15.16.050 Posting and mailing notice of resolution.
15.16.060 Court action contesting validity of proceedings.
15.16.070 Abatement by building inspector.
15.16.080 Sale of lumber and materials from removed buildings.
15.16.090 Statement of city expense – Notice of hearing.
15.16.100 Statement of city expense – Hearing – Confirmation.
15.16.110 City expense to constitute lien – Collection with taxes – Credit for excess.
15.16.010 Nuisance declared.
Every building or structure which has become so dilapidated from old age or neglect as to be a fire menace, a breeding place for rodents or a likely resort for vagrant or dissolute persons is declared to be a public nuisance. (Ord. 111, 1957; prior code § 12-801)
15.16.020 Notice to appear before council.
A. Whenever the building inspector finds any building or structure dilapidated as provided by SMC 15.16.010, he shall give notice 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 such nuisance shall be abated as provided by this chapter. Such 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 dilapidated building or buildings situated at ____________ in the City of Seaside 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 the City of Seaside, at the hour of 7:30 P.M., or as soon thereafter as he may be heard, and show cause, if any he has, why such building or structure should not be condemned as a public nuisance and such nuisance shall be abated by reconstructing or properly repairing such building or structure, or by razing or removing the same.
Dated, Seaside, California.
_______________, 20__
_____________________
Building Inspector
B. The building inspector shall post conspicuously at least one copy of such 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 thereof on the books of the county assessor, in case the address of such person is known to him, 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 under this chapter, provided such notice has been posted as mentioned in this subsection. Such notice must be posted as aforesaid at least ten days before the time fixed for the hearing before the city council.
C. Upon giving notice as aforesaid, the building inspector 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 acknowledgment of the receipt of such notice by registered mail; provided, that he mailed such notice in addition to posting the same. (Ord. 612 § 1 (Appx. A(36)), 1982; Ord. 111, 1957; prior code § 12-802)
15.16.030 Hearing by council.
At the time fixed in the notice as provided by SMC 15.16.020, the city council shall proceed to hear the testimony of the building inspector and the testimony of the owner and other competent persons respecting the condition 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 it may deem advisable. The council may continue the hearing from time to time. (Ord. 111, 1957; prior code § 12-803)
15.16.040 Resolution ordering abatement.
If the owner fails to appear at the time fixed for the hearing provided by SMC 15.16.020 and 15.16.030, or the time to which the hearing may have been continued, the city council shall proceed to hear the testimony of the building inspector and other competent persons respecting the condition of such building or structure, after which the council may pass a resolution declaring the building or structure to be a public nuisance and directing the owner to abate the nuisance within thirty days from the passage of such resolution, by having the building or structure properly reconstructed or repaired, or by having the same razed or removed, and notifying him that if the nuisance is not so abated, the building or structure shall be razed or removed by the building inspector and the expense thereof made a lien on the lot or parcel of land from which it was removed. (Ord. 111, 1957; prior code § 12-804)
15.16.050 Posting and mailing notice of resolution.
Upon the passage of the resolution provided for by SMC 15.16.040, 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, if his address is known to him, after which he shall file his affidavit with the city clerk certifying to the time and manner of posting a copy of the resolution and also as to the mailing of a copy, in case a copy was mailed. (Ord. 111, 1957; prior code § 12-805)
15.16.060 Court action contesting validity of proceedings.
Any owner or other interested person having any objections, or feeling aggrieved at any proceeding taken by the city council in condemning any building or structure, must bring an action in a court of competent jurisdiction within thirty days after passage of the resolution, provided for by SMC 15.16.040 and 15.16.050, to contest the validity of the proceedings taken by the council; otherwise, all objections will be deemed waived. (Ord. 111, 1957; prior code § 12-806)
15.16.070 Abatement by building inspector.
Thirty days after posting a copy of the resolution declaring a building or structure a public nuisance, the building inspector 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 building inspector shall thereupon raze and remove the condemned building or structure or have the same done under his direction and supervision. (Ord. 111, 1957; prior code § 12-807)
15.16.080 Sale of lumber and materials from removed buildings.
The lumber and any other materials contained in any condemned building or structure removed as provided by SMC 15.16.070 shall be sold by the building inspector at public auction, after not less than five days’ notice thereof published in a newspaper of general circulation printed, published, and circulated in the city, either before or after the building or structure has been razed or removed, and the amount received from the sale of such lumber and materials shall be deducted from the expense of razing or removing the same. (Ord. 111, 1957; prior code § 12-808)
15.16.090 Statement of city expense – Notice of hearing.
The building inspector shall keep an itemized account of the expenses involved in the razing or removal of the condemned building or structure and deduct therefrom the amount received from the lumber and materials sold as provided by SMC 15.16.080. 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 such statement shall be submitted to the city council for approval and confirmation. He shall mail another copy of the statement and notice to the person named as the owner on the books of the county assessor, if his address is known to him, after which he 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 the statement to the council for confirmation shall not be less than five days from the posting of the statement and notice aforementioned. (Ord. 111, 1957; prior code § 12-809)
15.16.100 Statement of city expense – Hearing – Confirmation.
At the time fixed for the hearing on the statement of expense required by SMC 15.16.090, the city council shall consider the statement and such objections as may be offered against it, whereupon it shall modify, amend, or confirm the same as submitted; provided, that it may continue the hearing from time to time. When finally confirmed, the city clerk shall transmit a certified copy to the city and/or county assessor and another to the city and/or county tax collector. (Ord. 111, 1957; prior code § 12-810)
15.16.110 City expense to constitute lien – Collection with taxes – Credit for excess.
Upon final confirmation of the statement as provided by SMC 15.10.100, the expense of abating such nuisance, less any money received from lumber or other materials as mentioned in SMC 15.16.090, 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 the property and shall be collectible 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 and be payable to him on demand. (Ord. 111, 1957; prior code § 12-811)