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HomeMy WebLinkAbout71.151 ORDINANCE NO. :i~71-1RI AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE 3-15 OF THE CODE OF THE CITY OF SARATOGA, RELATING TO NOTICED NUISANCE ABATEMENT PROCEDURE The City Council of the City of Saratoga hereby ordains as follows: Section 1. Article 3-15 of the Code of the City of Saratoga is hereby amended to read as follows: Article 3-15 NOTICED NUISANCE ABATEMENT PROCEDURE 3-15.010 Authority. 3-15,020 Right of Entry. 3-15,030 Declaration of Nuisance. 3-15,040 Notice and order. 3-15.050 Notices; publication and mailing. 3-15.060 Hearing. Recordation of Notice of Code Violation. 3-15,070 Board of Appeals. 3-15,080 Appeal of Notice and Order. 3-15,090 Enforcement of Notice and Order. 3-15,100 Abatement Work. 3-15.110 Notice and Hearing; report of costs. 3-15.120 Protests and Objections. I 3-15,130 Payment of Abatement Costs. 3-15.140 Filing Report with County Tax. .I 3-15.150 Taxes paid in error, refund; claims. 3-15.010 Authority. This Article is adopted pursuant to th& provisions of Section 38773.5 of the Government Code. 3-15.020 Right of entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the City Manager or the City Manager's authorized representative has reasonable cause to believe that there exists a parcel of land or stru4ture upon a premises a condition which makes a parcel of land or structure a nuisance as defined in this code, the City Manager may! enter the building or premises at reasonable times to inspect or~ to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to ~he occupant and entry requested. If such building or premises b~e unoccupied, the City Manger shall first make a reasonable effortito locate the owner or other persons having charge or control of t~e building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry° 3-15.030 Declaration of Nuisance. When the City Manager has inspected or!caused to be inspected any condition on any parcel of land or struature and has found and determined that such condition on such parcel of land or structure 1 is a nuisance, the City Manager shall commence proceedings to cause the abatement of such nuisance and to make the costs of such abatement a special assessment against the parcel upon which such nuisance exists. 3-15.040 Notice and Order. (a) The City Manager shall issue a notice and order directed to the record owner of the parcel of land. The notice and order shall contain: 1. The street address and a legal description sufficient for identification of the parcel of land and structures thereon. 2. A statement that the City Manager has found the premises or structures to be nuisance with a brief and concise description of the conditions found to render the building dangerous under the provisions of Saratoga City Code. 3. A statement of the action required to be taken as determined by the City Manager. 4. Statements advising that if the abatement work is not commenced within the time specified, the City Manger may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (i) that any person having any record title or legal interest in the parcel of land may appeal from the notice and order or any action of the City Manager to the Board of Appeals, provided the appeal is made in writing and filed with the Office of the City Manager within 30 days from the date of service of such notice and order (or within 10 days from such date if the City Manger has determined that the condition is such as to make it immediately dangerous to the life, limb, property or safety to the public or adjacent property); and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (b) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the City Manger or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the City Manger to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section. (c) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt required, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the City Manager. If no address of any such 2 person so appears or is known to the City Manager, then a copy of the notice and order shall be so mailed, addressed to such person, as the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner heroin provided shall be effective on the date of the mailing. (d) Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons affecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the City Manager° 3-15.050 Notices; publication. (a) In addition to posting and serving the notice and order required by Section 3-15.030, the City Manager shall direct the City Clerk to publish such notice once in a newspaper of general circulation in the City. 3-15.060 Recordation of Notice of Code Violation. If compliance is not had with the notice and order within the time specified therein, and no appeal has been properly and timely filed, the City Manager shall file in the office of the county recorder a certificate describing the property and certifying a notice of code violation in accordance with Article 3-10 of the City Code. 3-15.070 Board of Appeals (a) In order to hear and decide appeals of orders, decisions or determinations made by the City Manager relative to the application and interpretations of this article, there shall be and is hereby created a Board of Appeals consisting of the City Engineer, Director of Community Development and a member who is qualified by experience and training to pass upon matters pertaining to nuisance abatement and who is not employed by the City. The City Manager shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The member not employed by the City shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedures for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the City Manager. Appeals to the board shall be processed in accordance with the provisions contained in Section 3-15.080 heroin. Copies of all rules or regulations adopted by the board shall be delivered to the City Manager, who shall make them freely accessible to the public. (b) The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 3-15.080 Appeal of Notice and Order (a) Any person entitled to service under this article may appeal from any notice and order or any action of the City Manager 3 under this code by filing with the office of the City Manger a written appeal containing: 1. A street address and a description sufficient for identification of the property and the affected structures thereon. 2. The names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the structure or the property involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order of action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7o The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within 30 days from the date of service of such notice and order or action of the City Manager; provided, however that if the parcel of land or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property, such appeal shall be filed within 10 days from the date of the service of the notice and order of the City Manager. (b) As soon as practicable after receiving the written appeal, the secretary of the board of appeals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be less than 5 days nor more than 30 days from the date the appeal was filed with the City Manger. Written notice of the time and place of the hearing shall be given at least 5 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal° (c) Failure of any person to file an appeal in accordance with the provisions of the City Code shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. (d) Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. 3-15.090 Staying of Order under Appeal (a) Enforcement of any notice and order of the City Manager issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (b) Procedures for the conduct of the appeals hearing shall comply with the provisions of the 1991 edition of the Uniform Code for the Abatement of Dangerous Buildings, Chapter 9. 3-15.100 Action by Appeals Board. If the Board of Appeals has upheld the City Manger's determination of nuisance, and proposed abatement, the Board shall order the City Manager to abate the nuisance. 3-15.110 Abatement work. The abatement work may be performed by the City's own employees or by independent contractors, or any combination thereof. The City Manager and his authorized representatives and contractors may enter upon private property as may be necessary or appropriate in order to abate the nuisance declared to exist upon such property. Prior to commencement of the abatement work by or on behalf of the City, the property owner may abate the nuisance at his own expense. 3-15.120 Notice and hearing; Report of costs. The City Manager shall keep an accurate account of the abatement costs incurred by the City, including attorney's fees. Such account shall indicate, where appropriate, the costs attributable to each separate parcel of land upon which the abatement work is performed. Following completion of all abatement work, the City Manager shall prepare a final itemized written report showing the total abatement costs and he shall submit such report for confirmation by the City Council at its next available regular meeting after the notice period set forth herein. At least ten days prior to the date of such meeting, a copy of the report together with a written notice of the date on which the same shall be considered by the City Council shall be mailed to the persons to whom notice was mailed pursuant to Subsection 3-15.050(a) and a copy thereof shall also be posted upon the property involved and at City Hall. 3-15.130 Protests and Objections. At the time fixed for considering the report of costs provided for in Section 3-15.090, the City Council shall hear any objections of the owners of the property to be assessed for the abatement costs. Any person filing any protest or objection who is affected by the proposed charge may file a written report of the objections with the City Clerk at any time prior to the time set for the hearing on the report of costs. Each such objection must contain a description of the property in which the signer thereof is interested and the grounds of the objection. The City Council may modify the report of cost if deemed necessary. The City Council may then, by resolution, confirm the report as submitted or modified. 3-15.140 Payment of Abatement Costs. The City Manager may receive payment in full of the abatement costs charged against a parcel of land at any time after confirmation of the report by the City Council pursuant to Section 5 3-15.130 and prior to the filing of such report with the County Tax Collector pursuant to Section 3-15 150. 3-15.150 Filing report with County Tax Collector; collection of assessment. After the City Council has confirmed the report of costs to abate the nuisance declared to exist upon a parcel of land, and if such costs have not been paid in full, the City Clerk shall transmit a copy of the report together with a copy of the resolution confirming the same to the County Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment, for the municipal purposes, against such parcel. The amount of the assessment shall be collected at the time and in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. 3-15.160 Taxes paid in error; refund; claims. The City Council may order refunded all or any part of a tax paid pursuant to the provisions of this Article if the City Council finds that all or any part of the tax has been erroneously levied. A ~ax, or any part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax or his guardian, executor, administrator, personal representative or successor in interest· Section 2. This Ordinance shall be in fullforce and effect thirty (30) days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the forth day of October, 1995, by the following vote. AYES: Councilmembers Burger. Moran, Tucker, Wolfe and Mayor Jacobs NOES: None ~~ ABSENT: None MAYOR ATTE~City Cler~ "%he above and ~ore ~mg is a ~rue and correct published according to Deputy City 6