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HomeMy WebLinkAbout591 Abatement of Unsafe or Dilapidated Buildings14 ORDINANCE N0. 591 ORDINANCE OF THE CITY OF UKIAH ADDING TO DIVISION 3 OF THE UKIAH CITY CODE CHAPTER 10 ENTITLED "ABATEMENT OF UN- SPFE OR DILAPIDATED BUILDINGS". The City Council of the City of Ukiah does hereby ORDAIN: SECTION 1. PDOPTION AS PART OF DIVISION 3 OF THE UKIAH CITY CODE OF CHAPTER 10 ENTITLED "ABATEMENT OF UNSP.FE OR DILAPIDATED BUILDINGS". There is hereby adopted as a part of the Ukiah City Code and of Division 3 thereof, the following provisions set forth as Chapter 10 thereof: CHAPTER 10 ABATEMENT OF UNSAFE OR DILAPIDATED BUILDINGS SEC. 3300 - Unsafe or dilapidated buildings as nuisances: All buildings or structures which are structurally unsafe, or are partially destroyed by fire, or are dilapidated from old age, neglect, decay or other causes within the City of Ukiah, which constitute a fire menace or are dangerous to human life, or a likely resort for vagrant or dissolute persons, may be declared a nuisance by the City Council of the City of Ukiah and thereafter abated as herein provided. (Ordinance No. 591, Sec. 1, adopted 1867). SEC. 3301 - May be declared nuisance by resolution of intention to commence abatement proceedings: Whenever any such building or buildings, structure or structures exist or are permitted upon any property within the City of Ukiah, the City Council may by resolution declare the same to be a public nuisance; said resolution shall declare the intention of the City Council to commence abatement proceedings as herein provided and shall refer to the street by the name under which it is officially or commonly known and describe the property upon which such nuisance exists by giving the lot and block number thereof and no other description of such property shall be required. The City Clerk shall forward a certified copy of said resolution to the County Recorder of Mendocino County for recordation. (Ordinance No. 591, Sec. 1, adopted 1967). SEC. 3302 - Abatement by repair, rehabilitation, demolition, or removal: All buildings or structures declared to be public nuisances and ordered to be abated, hereby shall be abated by repair, rehabilitation, demolition or removal. (Ordinance No. 591, Sec. 1, adopted 1967). SEC. 3303 - Notice of hearing to abate buildings or structures by removal or repair: After the passage of said resolution, the Building Inspector shall cause _ to be conspicuously posted on the building or buildings, structure or ~ structures, declared to be a public nuisance, a certified copy of the Reso- lution of Intention of the City Council of the City of Ukiah, and at least ~ two notices of the time and place of hearing before the City Council, which said notices shall be titled: "NOTICE OF HEARING" in letters of not less than one inch in height and shall be substantially in the following form: 15 NOTICE OF HEARING TO ABP,TE BUILDING OR STRUCTURE BY REMOVAL OR REPAIR Notice is hereby given that on the day of 19 , the City Council of the City of Ukiah passed a resolution declaring that. the certain unsafe or dilapidated building (s) or structure(s), consisting of located or standing upon that certain lot, piece, or parcel of land, situate, in the City of Ukiah, County of Mendocino, State of California, known and designated as Number Street, in said city and more particularly described as Lot No. Block No. in said City of Ukiah, and that the same constitutes a public nuisance and must be abated by the removal or repair of said unsafe or dilapidated building(s) or structure(s), otherwise the same will be removed or repaired and the nuisance will be abated by the municipal authorities of the City of Ukiah, in which case the cost of such removal or repair shall be assessed upon the lots and land on which said un- safe or dilapidated building(s) or structure(s) is or are removed or repaired, and such cost will constitute a lien upon such lots or land until paid. Reference is hereby made to said resolution for further particulars. All persons having any objection to, or interest in the proposed removal or repair of such unsafe or dilapidated building(s) or structure(s) are hereby notified to attend a meeting of the City Council of the City of Ukiah to be held in the City Hall, on the day of 19 at the hour of _M., of said day, when their objections will be heard and given due consideration. DATED: This day of 19 Building Inspector (Ordinance No. 591, Sec. 1, adopted 1867) SEC. 3304 - Posting and serving notice and resolution to remove (repair) building or structure: The Building Inspector shall cause to be served upon the owner of each building or structure sought to be removed or repaired one copy of said notice and a certified copy of the Resolution of Intention of the City Council of the City of Ukiah, in accordance with the provisions of Section 3305. Said notices and resolutions must be posted and served as aforesaid, at least thirty (30) days before the time fixed for the hearing before the City Council and proof of posting and service of such notices and resolutions shall be made by affidavit which shall be filed with the said City Council. (Ordinance No. 591, Sec. 1, adopted 1867). SEC. 3305 - Form of proper service of notice and resolution on owner: Proper service of said notice and resolution shall be by personal service upon the person owning the property as such persofn's name and address appears o~ t~,g h~siz~e~'f lii~et$lea~o~iic~my~~h~$ltlhe iCit}€ liTsm~~spnd within the City limits,/by depositing a copy o sai notice and reso ution in the U.S. Post Office properly enclosed in a sealed envelope and with the post- age thereon fully prepaid. Said mail shall be req_istered or certified and addressed to said owner at the last known address of said owner, or if not known, at Ukiah, California. The service is complete at the time of deposit. (Ordinance No. 591, Sec. 1, adopted 1967) re SEC. 3305 - Hearing by City Council in/removal or repair: At the time stated in the notices, the said City Council shall hear and consider all objections or protests, if any, shall receive testimony from owners, witnesses and parties interested relative to the proposed removal or repair of such unsafe or dilapidated buildings or structures, and may continue the hearing from time to time. Upon the conclusion of said 1(i hearing, said City Council shall allow or overrule any and all of said objections. If said City Council finds that good and sufficient cause does not exist why said buildings or structures should not be removed or repaired, the City Council by resolution shall order the Director of Public storks to abate said nuisance after a period of thirty (30) days by having the unsafe or dilapidated buildings or structures referred to re- moved or repaired and he and his authorized representatives are hereby expressly authorized to enter upon private property for that purpose. (Ordinance No. 591, Sec. 1, adopted 1967) SEC. 3307 - Service on owner of resolution to abate after thirty days: A copy of said resolution ordering the Director of Public ~dorks to abate said nuisance after thirty (30) days shall be served upon the owner of said property in accordance with the provisions of Section 3305• Any property owner shalt have the right to have any such unsafe or dilapidated buildings or structures removed or repaired at his own expense, provided the same is done prior to the expiration of the thirty (30) days. (Ordinance No. 591, Sec. 1, adopted 1967) SEC. 3308 - Record of cost for removal or repair--report: The Director of Public Works shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the said City Council showing the cost of repairing, rehabilitating, demolishing or removing said buildings or structures, including any salvage value of such buildings or structures and incidental expenses, on each separate lot or parcel of land; provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five (S) days upon the property upon which such unsafe or dilapidated buildings or structures were situated toaether with a notice of the time when said report shall be submitted to the City Council for confirmation, and a copy of said report and notice shall be served upon the owner of said property in accordance with the provisions of Section 3305, at least five (5) days prior to submitting the same to ttie Council; proof of said posting and service shall be made by affidavit and filed with the City Clerk of the City of Ukiah. 1. The term "incidental expenses" shall include, but not be limited to, the expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing requi red hereunder. (Ordinance No. 591, Sec. 1, adopted 1967) SEC. 3309 - Report; hearing on and proceeding in re: At the date and time fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the Director of Public 'dorks, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance and any other interested persons. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report as submitted, or as revised, corrected or modified, shall be confirmed, provided that said hear- ing or consideration may be continued from time to time. The decision of the City Council on all protests and objections which may be made, shall be final and conclusive. (Ordinance No. 591, Sec. 1, adopted 1967) SEC. 3310 - Assessment of costs against property--lien: The amount of the cost for abating such nuisance upon the various lots or parcels of land, as confirmed by the City Council shall consti- tute special assessments against the respective lots or parcels of land, and as thus made and confirmed shall constitute a lien on said property li for the amount of such assessments, respectively. After the con- firmation of said report, a copy shall be turned over to each of the Assessor and Tax Collector for the County of Mendocino, whereupon it shall be the duty of said Assessor and Tax Collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collect- ed 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 under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. (Ordinance No. 591, Sec. 1, adopted 1967) SECTION 2. SEVERABILITY: It is the intent of the Council that the terms and conditions of Chapter 10 be interpreted as being severable, and if one or more are declared invalid, the balance shall survive. SECTION 3• EFFECTIVE DATE; PUBLICATION: This ordinance shall be effective thirty (30) days after its final adoption. It shall be published as provided by law in the Ukiah Daily Journal. PP,SSED AND ADOPTED this 19th day of July 1967 by the following vote: __ AYEg: Councilmen Scotto, Henderson and Harlowe NOES: Councilman Crook and Mayor Norgard ABSENT: None s/ Sterling Norgard MAYOR ATTEST: s/ Hattie M. Tillotson CITY CLERK CERTIFICP.TION I, Hattie M. Tillotson, City Clerk of the City of Ukiah and ex officio clerk of the City Council, do hereby certify the foregoing to be a true copy of Ordinance No. 591 adopted by th id City Council at a regular meeting thereof on the day of 19~. ~ ~tE~~~ City Clerk'of the City of Ukiah, California