HomeMy WebLinkAboutOrdinance 2204 - Amend Public Nuisances & Code EnforcementAPPRC}VED ON CONSENT
CALENDAR
Ordinance No. 2204 - re Public Nuisances and Code Enforcement
(C-110-100 & A-030-070)
It is recommended that Ordinance No. 2204 be adopted, an ordinance of the City C6uncil of the City
of Redding amending the Redding Municipal Code relating to public nuisances and code enforcement,
including the provision for administrative citations, neglected vacant buildings, property blight,
relocation benefits for displaced tenants, and abatement of dangerous buildings, substandard buildings
and public nuisances.
1/6/98
ORDINANCE NO. 2204
AN ORDINANCE OF THE CITY OF REDDING AMENDING
THE REDDING ~C[PAL CODE RELATING TO PUBLIC
NUISANCES AND CODE ENFORCEMENT, INCLUDING THE
PROVISION FOR .ADMINISTRATIVE CgTATIONS,
NEGLECTED VACANT BUILDINGS, PROPERTY BLIGHT,
RELOCATION BENEFITS FOR DISPLACED TENANTS, AND
ABATEMENT OF DANGEROUS BUILDINGS,
SUBSTANDARD BUILDINGS AND PUBLIC NUISANCES.
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS
FOLLOWS:
SECTION I:
Sections:
1.13.010
1.13.020
1.13.030
1.13.040
1.13.050
1.13.060
1.13.070
1.13.080
1.13.090
1.13.100
1.13.110
1.13.120
1.13.130
1.13.140
Redding i~unicipal Code Title 1 (General Provisions) is amended
by adding Chapter I. 13, Administrative Citations, to. read as
follows:
Chapter 1.13
ADMINISTRATIVE CITATIONS
Applicabilit~y
Definitions
Administrative Citation
Amount of Fines
Payment of the Fine
Request for a Hearing
Advance Deposit Hardship Waiver
Hearing Officer
Hearing Procedure
Decision of the Hearing Officer
Late Payment Charges
Recovery of the Administrative Citation Fines and Costs
Right to Judicial Review
Notices
1.13.010 Applicability.
This chapter provides for administrative citations which are in addition to all other legal remedies,
criminal, civil, or administrative which may be pursued by the city to address any violation of the Redding
Municipal Code or any other code adopted by the city. Use of this chapter as a remedy shall be at the sole
discretion of the city.
1.13.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. Enforcement Officer: "Enforcement officer" shall mean any city employee or agent of the city with
the authority to enforce any provision of this code or any code adopted by the city.
B. Person: "Person" means any individual, partnership, corporation, joint venture, receiver, limited
liability company, trust, estate, cooperative, association, or any other entity.
1.13.030 Administrative Citation.
A. Whenever an enforcement officer charged with enforcement of any provision of this code or any
code adopted by the city determines that a violation of that provision has occurred, the etrforcement
officer shall have the authority to issue an administrative citation to any person responsible for the
violation and/or to the owner of the property to which the violation pertains. If the code
enforcement officer determines that multiple code violations have occurred, the adrainistrative
citation shall address all the violations.
B. If the person responsible for the violation and/or the owner of the property is: (1) an individual or
receiver, the code enforcement officer shall issue the citation to the individual or the receiver; (2)
a corporation or limited liability company, the code enforcement officer shall issue the citation to
a senior officer; (3) a partnership, joint venture, cooperative or association, the code eJfforcement
officer shall issue the citation to any partner, member of the joint venture, cooperative or
association; (4) a trust, the code enforcement officer shall issue the citation to any trustee; (5) an
estate, the code enforcement officer shall issue the citation to the administrator of the estate; (6) any
other entity, the code enforcement officer shall issue the citation to any officer, member,
representative, agent or employee of the entity.
C. If the violation is of a continuing nature or pertains to a building, plumbing, electrical, or other
similar structural or zoning violation that does not create an immediate danger to health or safety,
the enforcement officer shall not assess an administrative fine, but shall establish a reasonable period
of time for the responsible person to correct or otherwise remedy the violation prior to the
imposition of an administrative fine. In no event shall the period of time given to correct or remedy
the violation be less than three (3) days.
Each administrative citation shall contain the following information:
1. The date of the violation;
2. The address or definite description of the location where the violation occurred;
3. The code section(s) violated and a description of each violation;
4. The amount of the fine for each code violation and/or the number of days given to correct
continuing violations pursuant to subsection C;
5. A description of the fmc payment process, including a description of the time w~thin which
and the place to which the fine shall be paid;
6. An order prohibiting the continuation or repeated occurrence of the code violation(s)
described in the administrative citation;
7. A description of the administrative citation review process, including the time within which
the administrative citation may be contested and the place from which a reqUest for a
hearing form to contest the administrative citation may be obtained; and
The name and signature of the citing enforcement officer.
1.13.040 Amount of Fines.
A. Standard Fine: Except as otherwise specifically set forth in subsection D below, the administrative
citation fine amount for a first violation of the Redding Municipal Code or any other code adopted
by the City shall be Twenty-Five and no/100 Dollars ($25.00).
B. Second Violation Fines: Except as otherwise specifically set forth in subsection D below, the fine
amount for a second violation of the same code section by the same' person within a thirty-six (36)
month period from the date of the administrative citation for the first violation shall be one hundred
twenty five percent (125%) of the fine amount for a first violation of that code section calculated
at the time of the second violation.
C. Subsequent Violation Fines: Except as otherwise specifically set forth in subsection D below, the
fine amount for a third and subsequent violation of the same code section by the same person within
a thirty-six (36) month period from the date of the administrative citation for the second or
subsequent violation shall be one hundred fifty percent (150%) of the fine amount for a first
violation of that code section calculated at the time of the third or, as applicable, subsequent
violation.
D. Non-standard Fines: The administrative citation fine amounts set forth below are hereby established
for violation(s) of the following Redding Municipal Code sections or sections of any other code
adopted by the City:
Code Name and 'Section(S) .
Reddmg Municipal Code sections
9.28.010 through 9.28.270
Redding Municipal Code section
16.28.070
Redding Municipal Code section
18.02.010 D
Uniform Building Code section 102
Uniform Building Code section 106
Uniform Fire Code section 1110
Uniform Housing Code (all sections)
Garbage and Rubbish
Inadequate or Lack of Swimming Pool
Barrier
A/dministratiye Citation Fine
Second and subsequent violations xvithin
a 12 month period of the first or
subsequent violation: $100.00
First violation: $50.00
Second mid subsequent violations ;vithin
a 12 month period from the first or
subsequent violation: $100.00
Unpermitted Use of Building or Property Second mid subsequent violations witlfin
a 12 month period from the first or
subsequent violation: $100.00
Unsafe Buildings or Structures First violation: $100.00
Work Without a Valid Permit First violation: $50.00
Unsecured Vacant Buildings Second and subsequent violations within
Combustible or Hazardous Material in a 12 month period from the first or
Vacant Building subsequent violation: $.50.00
Various
Second and subsequent violations within
a 12 month period from the first or
subsequent violation: $50.00
Any fine amount, imposed pursuant to this chapter shall be deemed delinquent if it is not paid in
accordance with the terms and provisions of this chapter. Any person who fails to pay to the City
the amount of any fine imposed pursuant to the provisions of this chapter on or before the date that
the fine is due shall be liable for the payment of an additional late payment charge. The late payment
charge shall be (a) five dollars ($ 5.00) or (b) ten percent (10%) of the amount of the fine then due
to the City or (c) ten percent (10%) of the amount of the fine remaining to be paid to the City if a
portion of the fine amount was timely paid, whichever amount is greater. Interest shall accrue on
all delinquent fine amounts, exclusive of the late payment charge, at the rate of one half of one
percent per month, pro rata, of the total delinquent fine amount, from the date the fine amount
becomes delinquent until the date that the total delinquent fine amount is paid to the City.
Copies of subsections A through E, inclusive, of this Section shall be printed and referred to as the
"Schedule of Administrative Citation Fines" and shall reference this chapter. Copies of the Schedule
of Administrative Citation Fines shall be made available to the public at the Office of the City Clerk.
1.13.050 Payment of the Fine.
A. Any fine imposed shall be paid to the city within thirty (30) days from the date of the administrative
citation.
B. Any administrative citation fine paid pursuant to subsection A shall be refunded in accordance with
Section 1.13.100.D flit is determined, after a hearing, that the person charged in the adrninistrative
citation was not responsible for the violation or that there was no violation as charged in the
administrative citation.
C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated
occurrence of the code violation that is the subject of the administrative citation.
1.13.060 Request for a llearing.
A. Any recipient of an administrative citation may contest that there was a violation of this code or of
any code adopted by the city, or that he or she is the responsible party, by completing a request for
hearing form and returning it to the City Clerk within thirty (30) days from the date of the
administrative citation, together with an advance deposit of the fine or notice that a request for an
advance deposit hardship waiver has been filed pursuant to Section 1.13.070.
B. A request for hearing form may be obtained from the City Clerk.
C. The person requesting the heating shall be notified of the time and place set for the hearing at least
ten (10) days prior to the date of the hearing.
D. If the enforcement officer submits an additional written report concerning the administrative citation
to the hearing officer for consideration at the heating, then a copy of this report also shall be served
on the person requesting the hearing at least five (5) days prior to the date of the hearing.
1.13.070 Advance Deposit Hardship Waiver.
A. Any cited person who is financially unable to make the advance deposit of the full am,aunt of the
fine as required in Section 1.13.060.A and who intends to request a hearing to contest the
administrative citation may file a request for an advance deposit hardship waiver to waive all or part
of the advance deposit.
B. A request for deposit hardship waiver must be filed with the Finance Division on an advance deposit
hardship waiver application form available from the Finance Division within ten (10) ,days of the
date of the administrative citation, and must include a sworn declaration and any other supporting
documents or materials showing the cited person's actual financial inability to deposit the full
amount of the fine in advance of the hearing. The cited person bears the burden of demonstrating
to the satisfaction of the Finance Officer or his or her designee the cited person's actual inability to
deposit the full amount of the fine in advance of the hearing.
The Finance Officer or his or her designee shall issue a written determination listing the reasons for
his or her determination to issue or not issue the advance deposit hardship waiver. The written
determination of the Finance Officer or his or her designee shall be final and shall be served on the
cited person.
The Finance Officer or his or her designee may waive the requirement of an advance deposit of the
fine amount as required by Section 1.13.060.A, or require a deposit of a specified part of the
amount of the fine, and issue the advance deposit hardship waiver, only if the cited person has
demonstrated to the satisfaction of the Finance Officer or his or her designee the cited person's
actual inability to deposit with the city the full amount of the fine in advance of the hearing.
If the Finance Officer or his or her designee determines not to issue an advance deposit hardship
waiver, the cited person shall remit the advance deposit of the full fine amount to the city within ten
(10) days of the date of the decision of the Finance Officer or his or her designee or thirty (30) days
from the date of the administrative citation, whichever is later. If the Finance Officer or his or her
designee determines that the cited person is required to deposit only a specified part of the amount
of the fine, the cited person shall remit the advance deposit of the required amount of the fine to the
city within ten (10) days of the date of he decision of the Finance Officer or his or her designee or
thirty (30) days from the date of the administrative citation, whichever is later. Failure to timely
remit the advance deposit shall terminate the request for a hearing on the citation, and the amount
of the fine shall become immediately due and payable.
The requirement of depositing the full amount of the fine as required by Section 1.13.060.A shall
be stayed unless or until the Finance Officer or his or her designee makes a determination not to
issue the advance deposit hardship waiver.
1.13.080 Hearing Officer.
The City Manager shall designate the hearing officer(s) for the administrative citation hearings.
There may be more than one hearing officer in the city and there may be more than one hearing officer at
any administrative citation hearing.
1.13.090 Hearing Procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be held unless the fine
has been deposited in advance in accordance with Section 1.13.060.A or an advance deposit
hardship waiver has been issued in accordance with Section 1.13.070.
B. A hearing to contest an administrative citation shall be set for a date that is not less than :fifteen (15)
days and not more than sixty (60) days from the date that the request for hearing is filed in
accordance with provisions of this chapter or the date of issuance of the advance deposit waiver,
whichever is later.
C. At the hearing, the party contesting the administrative citation shall be given the opportunity to
testify and to present evidence as to the existence of the cited violation or as to whether or not the
cited person is the responsible party.
The failure of the cited person to appear at the administrative citation hearing shall constitute a
forfeiture of the fine and a failure to exhaust their administrative remedies.
The administrative citation and any additional report submitted by the enforcement officer shall
constitute prima facie evidence of the respective facts contained in those documents.
The hearing officer may continue the hearing and request additional information from the
enforcement officer or the cited person prior to issuing a written decision.
1.13.100 Decision of the Hearing Officer.
A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall
issue a written decision to uphold or dismiss each contested violation in the administrative citation
and shall list in the decision the reasons for that decision. The decision of the hearing officer shall
be final and shall be served on the cited person within fifteen (15) days of the date of the hearing.
B. If the hearing officer determines that the violations in the administrative citation should be upheld,
then the fine amount on deposit with the city for those violations shall be retained by the city.
C. If the hearing officer determines that the violations in the administrative citation should be upheld
and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing
officer shall set forth in the decision a payment schedule for the fine(s) for those violations.
D. If the heating officer determines that any violations in the administrative citation should be dismissed
and the fine for those violations was deposited with the city, then the city shall promptly refund the
amount of the deposited fine for the dismissed violations together with interest at the average rate
earned on the city's pooled cash portfolio for the period that the amount of the fine was '.held by the
city.
E. The employment, performance evaluation, compensation and benefits of the hearing officer shall not
be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the
hearing officer.
1.13.110 Late Payment Charges.
Any person who fails to pay to the city any fine or any scheduled partial payment of such fine
pursuant to the provisions of this chapter or on or before the date that the fine or scheduled partial payment
of such fine is due shall be liable for the payment of any applicable late payment charges set :forth in the
schedule of administrative citation fines established by resolution by the city council.
1.13.120 Recovery of the Administrative Citation Fines and Costs.
The city may collect any past due administrative citation fine(s) and late payment charge(s) by use
of all available legal means. The city may also recover its collection costs pursuant to Section 1.04.050.
1.13.130 Right to Judicial Review.
Any person aggrieved by an administrative decision by a hearing officer on an administrative citation
may obtain review of the administrative decision by filing a petition for review with the Municipal Court
in Shasta County in accordance with the time-lines and provisions set forth in California Goverranent Code
section 53069.4.
1.13.140 Notices.
A. The administrative citation and all notices or other documents required to be given by 'this chapter
shall be served on the cited person by personal delivery or by deposit in the United States Mail, in
a sealed envelope postage prepaid, addressed to such person at his or her last known business or
residence address as the same appears in the public records pertaining to the matter to which such
notice is directed. Service by mail shall be deemed to have been completed at the time of deposit
in the post office.
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Failure to receive any notice specified in this chapter does not affect the validity of the proceedings
conducted hereunder.
SECTION I1:
Redding Municipal Code Title 9 (Health and Safety) is amended
by adding Chapter 9.09, Neglected Vacant Buildings, Co read
as follows:
Sections:
9.09.010
9.09.020
9.09.030
9.09.040
9.09.050
9.09.060
9.09.070
9.09.080
9.09.090
9.09.110
9.09.120
9.09.130
Chapter 9.09
NEGLECTED VACANT BUILDINGS
Cumulative Remedies
Neglected Vacant Building
Vacant Building
Compliance Required
Neglected Vacant Building - Public Nuisance
Structural and Building Standards
Fire Safety Standards
Security Standards
Debris Removal
Appearance
Violations
Enforcement
9.09.010 Cumulative Remedies
The remedies, penalties and other provisions of this chapter are cumulative to each other and to any
other available under other city ordinances, state law, common law or equity, and nothing in this chapter
shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City
to abate neglected vacant buildings.
9.09.020 Neglected Vacant Building
A neglected vacant building is a building which is vacant and is not maintained in accordance with
the provisions of this chapter.
9.09.030 Vacant Building
A. "Vacant building" means any building or structure, or unit in a building or structure, which is
unoccupied. The definition includes without limitation, buildings or structures of any nature
intended for human habitation or occupation and includes manufactured housing or mobile homes.
B. A building or structure, or unit in a building or structure, is not deemed to be vacant for purposes
of this chapter if construction or alteration of the building, structure or unit is in progress pursuant
to a valid, unexpired building permit.
9.09.040 Compliance Required
It shall be unlawful for any person who owns, controls, or is the responsible agent for a vacant
building to maintain, or cause or permit the maintenance of the vacant building as a neglected vacant
building or in a neglected condition.
9.09.050 Neglected Vacant Building - Public Nuisance
A neglected vacant building is hereby declared to be a public nuisance.
9.09.060 Structural and Building Standards
A. All vacant buildings shall be maintained in a structurally sound condition.
B. All electrical, natural gas, sanitary, and plumbing,facilities shall be maintained in a condition which
does not create a hazard to public health or safety.
9.09.070 Fire Safety Standards
A. All vacant buildings shall be maintained in a manner which does not create an unreasonable risk of
fire, including the removal of weeds, brush, vegetation, and debris which may constiitute a fire
hazard.
B. No vacant building or portion thereof shall be used for the storage of hazardous, combustible or
flammable liquids or other materials which would constitute a safety or fire hazard.
C. Heating facilities or heating equipment in vacant buildings shall either be removed or maintained in
accordance with applicable codes and ordinances. If heating equipment is removed, any fuel supply
shall be removed or terminated in accordance with applicable codes and ordinances.
D. The street address of the building shall be posted and shall be visible from the street.
9.09.080
A.
B.
Security Standards
All vacant buildings shall be maintained in a way which secures it from any unauthorized entry.
The owner or responsible agent of a vacant building which has remained unoccupied for a period
of more than thirty (30) days and which has suffered from vandalism, broken windows, broken
doors or which had an unauthorized entry must provide security which is adequate to prevent
further deterioration and/or unauthorized entry and must meet or exceed the following minimum
standards:
1. All windows and sliding doors shall provide resistance to entry equivalent to or greater than
that of a solid sheet of three-eighths (a/8) inch CCX plywood, cut to fit the opening, and
securely nailed using 1 OD galvanized nails into the header, trimmer stud and sill, spaced not
more than six (6) inches on the center.
2. Doors and service openings with thresholds located ten (10) feet or less above grade, or a
stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to
entry equivalent to or greater than that of a closed solid core door one and three-eighths
(la/8) inches thick equipped with a one (1) inch throw deadbolt with two and one half (21/2)
inches long # 8 screws in the strike-plate penetrating into the trimmer stud.
3. As an alternate to subsection B.2 and except as provided in subsection 4 below, exterior
doors shall be secured fi-om the interior of the building by toe nailing them to the door frame
using 16D galvanized nails nailed at six (6) inches on center penetrating into the trimmer
stud.
There shall be at least one (1) operable door into each building and into each unit of the
building. If an existing door is operable, it may be used and secured with a suitable lock such
as a hasp and padlock or a one (1) inch deadbolt or deadlatch with two and one-half(21A)
inch long # 8 screws in the strike-plate penetrating into the trimmer stud.
5. All locks shall be kept locked. When a door cannot be made operable, a replacement door
shall be constructed of three-quarter (aA) inch CCX plywood and shall be secured as
described in subsections 2 and 3 above.
9.09.090 Debris Removal
All vacant buildings including all adjoining yard areas shall be maintained free of debris, combustible
materials, litter and garbage.
9.09.110 Appearance
A. All vacant buildings must be maintained in a manner which minimizes the appearance of vacancy,
including the prompt removal of graffiti.
B. All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint,
siding, stucco or other finish to weatherproof the vacant building and to create a sufficient
appearance of repair to deter unauthorized entry or occupation. Vacant buildings subject to an
existing use permit shall maintain the landscaping and exterior of the building in compliance with
the use permit.
C. The exterior of the vacant building property, including all landscaping, shall be kept in such
condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to
public safety.
D. Signage and its support(s) that no longer relate to the activities in the building shall be removed
from the site. Any remaining signage shall be maintained in a manner which minimizes the
appearance of vacancy.
9.09.120 Violations
Any person violating the provisions of this chapter is guilty of a misdemeanor for each day such
violation continues.
9.09.130 Enforcement
Violations of this chapter may be abated as a public nuisance pursuant to Chapter 15.05 o:['this code.
SECTION II1:
Redding Municipal Code Title 9 (Health and Safety) is amended
by adding Chapter 9. I 0, Property Blight, to read as follows:
Chapter 9.10
PROPERTY BLIGHT
Sections:
9.10.010
9.10.020
9.10.030
9.10.040
Purpose of Chapter
Cumulative Remedies
Blighted Property
Obligation for Property Maintenance
9.10.050 Property Blight - Public Nuisance
9.10.060 Violations
9.10.070 Enforcement
9.10.010 Purpose of Chapter
The purpose of this chapter is to promote the health, safety and general welfare of the public by
requiring a level of maintenance of private property which will protect the livability, appearance and social
and economic stability of the City and which also will protect the public from the health and safety hazards
and the impairment of property values which results from the neglect and deterioration of property.
9.10.020 Cumulative Remedies
The remedies, penalties and other provisions of this chapter are cumulative to each other and to any
other available under other city ordinances, state law, common law or equity, and nothing in this chapter
shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City
to abate blighted property.
9.10.030 Blighted Property
Any property on which there exists any one or more of the following conditions or activities is a
blighted property for the purposes of this chapter:
A. Abandoned Building or Structure:
1. A building or structure which is not being inhabited, occupied or used and is unsecured. For
purposes of this chapter, a building or structure is unsecured when the public can gain
unimpeded or undeterred entry without the consent of the owner.
2. A partially constructed, reconstructed or demolished building or structure upon which work
is abandoned.
B. Attractive Nuisance: Property which is in an unsecured state so as to potentially constitute an
attraction to children, a harbor for vagrants, criminals or other unauthorized persons, or so as to
enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.
C. A Building or Structure Which is in a State of Disrepair:
1. Exterior wall and/or roof coverings which have become deteriorated and do not provide
adequate weather protection, resulting in termite infestation and/or dry rot.
2. Broken or missing windows or doors which constitute a hazardous condition or a potential
attraction to trespassers.
3. Building exteriors, walls, fences, and retaining walls which are broken, deteriorated, or
substantially defaced to the extent that the disrepair visually impacts neighboring property
or presents an endangerment to public safety; driveways or walkways which are broken,
deteriorated, or substantially defaced to the extent that the disrepair presents an
endangerment to public safety. For purposes of this subsection, defacing includes, without
limitation, writings, inscriptions, figures, scratches or other markings commonly' referred to
as "graffiti."
4. Building exteriors, walls, fences, or retaining walls on which any painted surface is peeling,
disintegrating, or sloughing-off to the extent that the disrepair visually impacts neighboring
property or prese.nts an endangerment to public safety.
D. Property Inadequately Maintained:
1. Overgrown, diseased, dead or decayed trees, weeds or other vegetation which:
a. Constitute a fire hazard or a condition considered dangerous to the public health,
safety, and general welfare, or
b. Are likely to harbor rats, vermin and other nuisances, or
c. Detract from the property values of neighboring properties.
2. Landscaping which is not installed or maintained as required by this code or any permit
issued pursuant to this code.
3. Solid waste, which by reason of its location and character either detrimentally impacts the
surrounding neighborhood or community, or which is allowed or permitted to be
10
transported by wind or otherwise onto or upon an public street, alley or side:walk. For
purposes of this subsection, solid waste means all putrescible and nonputrescible solid and
semisolid waste material including without limitation garbage, rubbish, demolition and
construction wastes, industrial wastes, vegetable and animal solid and semisolid wastes,
reusable or recyclable material, bulky goods, and other discarded solid and semisolid wastes.
4. Substantial accumulation of dirt, litter, or debris in vestibules or doorways of residential,
commercial or industrial buildings.
5. Any swimming pool, pond or other body of water which is abandoned, unattended,
unfiltered, or not otherwise maintained, resulting in the water becoming polluted water. For
purposes of this subsection, polluted water means water which contains bacterial growth,
including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or
material or deleterious substance which, because of its nature or location, constitutes an
unhealthy or unsafe condition or water which is defined as "polluted water" or other similar
term under state or federal law.
ProperW'Which Creates a Dangerous Condition:
1. Land having a topography, geology, or configuration which, as a :result of grading
operations or improvements to said land, causes erosion, subsidence, unstable soil
conditions, or surface or subsurface drainage problems so as to pose a threat to or be
injurious to adjacent properties.
2. Any condition or object maintained on private property which obscures the visibility to the
public of public streets or public street intersections to such a degree as to constitute a
hazard. Such conditions include without limitation vehicles, landscaping, fencing, and signs.
3. Conditions which due to their accessibility to the public may prove hazardous or dangerous
including without limitation:
a. Unused and broken equipment;
b. Abandoned wells, shafts, or basements;
c. Hazardous or unprotected pools, ponds, or excavations;
d. Structurally unsound fences, walls or structures;
e. Machinery which is inadequately secured or protected;
f. Lumber, trash, fences, solid waste, or debris which may prove a hazard for the
public. For purposes of this subsection, solid waste is defined as set forth in
subsection D.3 above;
g. Storing or keeping chemicals, gasoline, motor oil, or other substances which may
prove a hazard to the public.
Signage Conditions:
1. Signs which have not been maintained or are in a state of disrepair for a period of more than
thirty (30) days, including without limitation, broken signs, signs with missing parts, panels,
letters or light-bulbs, signs with exposed wiring, or signs out of plumb.
2. Signs which are unsafe, dangerous to the public, or a hazard to traffic.
3. Illegal signs as defined in Chapter 18.90.
4. Abandoned signs as defined in Chapter 18.90.
5. Sniping as defined in Chapter 18.90.
6. Defaced signs. For purposes of this subsection, defacing includes without limitation,
unauthorized, unrelated or offensive writing, inscriptions, figures, scratches, or other
markings commonly known as graffiti.
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Parking, Storing or Maintaining of the Following Items in Areas Zoned for Residential Uses or
Zoned Unclassified and Designated by the Redding General Plan as Residential:
1. Any airplane or other aircraft, or any parts thereof in the front yard. Airplane or other
aircraft, or any parts thereof, may be stored in the side or back yards if such items are
concealed by a fence.
2. Any construction equipment, machinery, vehicles or material except as follows:
a. Such items may be temporarily kept within or upon the property for and during the
time such equipment, machinery or materials are required for the consr~ruction or
installation of improvements or facilities on the property for which all required
permits have been obtained and are valid.
b. Such items may be kept in the side yard or rear yard areas if such 'items are used for
the maintenance of the property or facilities on the property and if such items are
concealed by a fence, shrubbery, or other similar means.
3. Any commercial equipment, machinery, vehicles or material not authorized by a valid City
permit when such items constitute visual blight, reduce the aesthetic appearance of the
neighborhood or are detrimental to nearby property or property values. Commercial
equipment, machinery, vehicles or material not otherwise authorized by a valid City permit
may be kept in the side yard or rear yard areas if such items are used for the maintenance
of the property or facilities on the property and if such items are concealed by a fence,
shrubbery, or other similar means.
4. Special mobile equipment as defined in Section 575 of the Vehicle Code or utility trailer or
boat and/or boat trailer for a period of time in excess of seventy-two consecutive hours in
front yard or side yard areas not concealed by a fence, shrubbery, or similar means.
a. Any parking, keeping, or storing of such items in the side yard or rear yard area shall
be either in an accessory building constructed, located and used in accordance with
the provisions of this code or in an area concealed by a fence, shrubbery, or other
similar means. In addition, fifteen hundred square feet, or at least sixty percent of
the remaining rear yard area, whichever is less, must be maintained as usable
outdoor recreational space.
b. No such item shall be parked, stored, or kept within five feet of any required exit,
including exit windows.
c. For purposes of this subsection, an item is unlawfully parked, kept or stored in any
area for a period of time in excess of seventy-two (72) consecutive hours when
either the item has not been removed from such area for an intervening period of
time in excess of seventy-two (72) consecutive hours, or the item has been parked,
kept or stored during the intervening period of time upon any public street.
5. Any vehicle or trailer which has an unladen weight of more than eleven thousand pounds or
is more than thirty feet in length, except as follows:
a. While loading or unloading property;
b. When the vehicle or trailer is parked in connection with, and in aid of, the
performance of a service to or on a property in the block in which the vehicle or
trailer is parked.
6. Any refi'igerator, washing machine, sink, stove, heater, boiler, tank or any other household
equipment, machinery, furniture, appliance or appliances, or any parts of any of the listed
items for a period of time in excess of seventy-two consecutive hours. For purposes of this
subsection, an item is unlawfully kept or stored in any area for a period of time in excess of
12
seventy-two (72) consecutive hours when either the item has not been removed from such
area for an intervening period of time in excess of seventy-two (72) consecutive hours, or
the item has been parked, kept or stored during the intervening period of time upon any
public street. This subsection does not prohibit the following:
a. Machinery installed in the rear setback areas for household or recreational use.
b. Furniture designed and used for outdoor activities.
c. Any item stored or kept within an enclosed storage structure or unit. For the
purpose of this subsection, a storage unit is a prefabricated enclosure which is not
required to have a building permit and is not permanently affixed to the ground, but
which is not on wheels or mobile.
7. Storing or keeping packing boxes, lumber, dirt, solid waste, and other debris:, except as
allowed by this code for the purposes of construction, in any areas visible from public
property or neighboring properties for a period of time in excess of seventy-two (72)
consecutive hours. For purposes of this subsection, solid waste is defined as set forth in
subsection D.3 above. For purposes of this subsection, an item is unlawfully kept or stored
in any area for a period of time in excess of seventy-two (72) consecutive hours when either
the item has not been removed from such area for an intervening period of time in excess
of seventy-two (72) consecutive hours, or the item has been kept or stored during the
intervening period of time upon any public street.
Activities Prohibited in Areas Zoned for Residential Uses or Zoned Unclassified lind Designated by
the Redding General Plan as Residential:
1. Wrecking, dismantling, disassembling, manufacturing, fabricating, building, remodeling,
assembling, repairing, painting, washing, cleaning or servicing, in any setback area, of any
airplane, aircraft, motor vehicle, boat, trailer, machinery, equipment, appliance or appliances,
furniture or other personal property.
a. This subsection shall not prohibit an owner, lessee, tenant, or occupant of the
property fi.om engaging in periodic activities incidental to the normal use of a motor
vehicle, boat, trailer, or furniture owned by that owner, lessee, tenant or occupant
of the property to the extent permitted by and in conformance with Title 18. Any
such activities shall be completed within a consecutive seventy-two (72) hour
period.
2. The use of any trailer, camper, recreational vehicle or motor vehicle for living or sleeping
quarters in any place in the City, outside of a lawfully operated mobile home park or
recreational vehicle/travel trailer park, subject to the following:
a. Nothing contained in this subsection shall be deemed to prohibit bona fide guests of
a city resident from occupying a trailer, camper, or recreational w~hicle upon
residential premises with the consent of the resident for a period not to exceed three
hundred thirty-six (336) consecutive hours (14 days) in any six (6) month period. A
trailer, camper, or recreational vehicle is unlawfully occupied on residential premises
in excess of three hundred thirty-six (336) consecutive hours when (ii) the trailer,
camper or recreational vehicle has not been removed from such area for an
intervening period of time in excess of three hundred thirty-six (336) consecutive
hours; or (ii) the trailer, camper, or recreational vehicle has been parked, kept or
stored during the intervening period of time on any public street.
b. Nothing contained in this subsection shall be deemed to permit any violtation of the
Redding Municipal Code, California Building Code, California Electrical Code, or
13
California Plumbing Code by any trailer, camper, or recreational vehicle occupied
pursuant to subsection H.2.a above, or any use of such trailer, camper, or
recreational vehicle, or any connection from such trailer, camper or recreational
vehicle to any building.
c. Any trailer, camper, or recreational vehicle so used shall not discharge any waste or
sewage into the city's sewer system except through an approved residential
discharge connection of the residential premises on which the trailer, camper or
recreational vehicle is parked.
Permit Requirement: Any use which does not have all permits pursuant to Title 18 of tiffs code or
where such permits have lapsed or been revoked or where such use is not in compliance with such
permits.
Gener0,1 Conditions:
1. Any condition which is detrimental to the public health, safety or general welfare or which
constitutes a nuisance under any other city ordinance, state law or common law;
2. Any condition of deterioration or disrepair which creates substantial impact on neighboring
properties.
Exceptions: This chapter shall not prohibit the following:
1. A vehicle or part thereof which is completely enclosed within a building in a iaw~l manner
where it is not visible from the street or other public or private property; or
2. A vehicle or part thereof which is stored or parked in a lawful manner on private property
on which is conducted the business of a licensed dismantler, licensed vehicle dealer, or a
junkyard which is a legal nonconforming use.. This exception shall not authorize the
maintenance of a public or private nuisance as defined under provisions of law' other than
this chapter.
9.10.040 Obligation for Property Maintenance
No owner, agent, manager, lessee, sublessee, or occupant shall maintain any property in a blighted
condition in violation of'this chapter or shall cause or permit the property to become or remain in a blighted
condition in violation of this chapter. No person shall take any action or allow any action to be taken in
violation of any provision o£this chapter.
9.10.050 Property Blight - Public Nuisance
Any property which is a blighted property is hereby declared to be a public nuisance.
9.10.060 Violations
Any person violating the provisions of this chapter is guilty of a misdemeanor for each day such
violation continues.
9.10.070 Enforcement
Violations of this chapter may be abated as a public nuisance pursuant to Chapter 15.05 of this code.
SECTION IV:
Redding Municipal Code Title 9 (Health and Safety) is amended
by adding Chapter 9.1 I, Relocation Benefits for Displaced
Tenants, to read as follows:
14
Chapter 9.11
RELOCATION BENEFITS FOR DISPLACED TENANTS
Sections:
9.1][.010
9.1][.020
9.1][.030
9.1][.040
9.11.050
9.11.060
9.11.070
9.11.080
9.11.090
9.11.100
9.11.110
9.11.120
9.11.130
9.11.140
9.11.150
Findings
Definitions
Owner Responsibility for Relocation Benefits to Displaced Tenants
Relocation Benefits'- When Payable
Relocation Benefits - Amount Payable
Damages for Untimely Payment
Relocation Benefits - When Not Payable
Relocation Benefits - Payment by the City
City Not Required to Pay Relocation Benefits
Owner Liability for Amount Paid by City
Administrative Penalties - Exception
Attorney Fees
Summary of Provisions of this Chapter
Establishment of Relocation Benefits Account
Exceptions
9.11.010 Findings
The council of the City of Redding finds and determines that:
A. Some rental units in Redding are found to have severe code violations which threaten the life and
safety of occupants and require the units or rooms to be vacated to allow for extensive repairs or
demolition.
B. Such code violations are often caused by deferred maintenance, may breach the landlord's implied
warranty of habitability and sometimes constitute constructive eviction of the tenant household from
its residence.
C. Tenants of substandard residential units or structures suffer financial and other hardship when
required to vacate their housing because the owner fails to correct the substandard conditions.
D. It is appropriate to require the owner to partially mitigate the tenants's hardship, since the hardship
often arises from the owner% failure to comply with the law and fulfill a landlord's obligations to the
landlord's tenants.
E. Financial hardship arises because the tenant generally needs a large sum of money to relocate, often
including first and last month's rent, deposits, moving expenses and utility deposits for a new
residence. Low-income tenants are generally unable to obtain such sums and, as a result, are at
great risk of becoming homeless.
F. The level of payments provided in this ordinance is reflective of actual relocation costs likely to be
incurred by displaced household.
G. Delayed payment of relocation benefits may impose extreme hardship upon tenants who then must
themselves obtain the large sums necessary to relocate. Delayed payment may also require the City
to expend city general funds to provide tenants with financial assistance for relocation. Any
requirement to pay relocation benefits should contain disincentives for delayed payment in the form
of appropriate penalties.
15
9.11.020 Definitions
For the purposes of this chapter, the following definitions apply:
A. Abatement Hearing Officer: A hearing officer appointed pursuant to Chapter 15.04 or Chapter
15.05.
B. Displaced: A tenant is displaced, within the meaning of this chapter, if the tenant is ordered to move
out of a residential unit or structure by an order to vacate.
C. Order to Vacate: The first written notice sent by an authorized city official to the owner and posted
on the affected property declaring that the building, structure, or unit shall be vacated.
D. Owner: The owner of the property at the time the order to vacate is issued, as shown on the last
equalized assessment roll or supplemental roll whichever is current, and any successor in interest.
E. Residential Unit or Structure: Any dwelling, apartment, room or place which is the place of
permanent or customary and usual abode of any person or household.
F. Ten0nt: Any resident of the affected property who is a tenant or "person who hires" as those terms
are used in Chapter 2 of Title 5 of part 4 of the California Civil Code (Section 1940, et seq.).
G. Vacation Date: The date by which a tenant is required to vacate a unit or structure, pursuant to an
order by an authorized city official.
9.11.030 Owner Responsibility for Relocation Benefits to Displaced Tenants
Any tenant who is displaced from any unit or structure which is leased, rented or occupied for
habitable dwelling purposes as a result of an order to vacate issued by an authorized city official under any
provision of the Redding Municipal Code, the California Building Code or any other code adopted by the
City, or under any other applicable law or ordinance authorizing a city official to order that a building,
structure or unit be vacated due to conditions which pose a danger to the life, health, safety or welfare of
the occupants or the public, shall be entitled to receive relocation benefits from the owner as .,specified in
this chapter.
9.11.040 Relocation Benefits - When Payable
A. The relocation benefits required hereunder shall be payable within ten (10) days a~er the date the
order to vacate is first mailed to the owner or posted on the premises, or at least twenty (20) days
prior to the vacation date set forth in the order to vacate, whichever occurs later.
B. If there are fewer than ten (10) days between the first posting or mailing of the order to vacate and
the vacation date, the relocation benefits shall be payable within forty-eight (48) hours after the
notice is posted or mailed. The building official shall attempt to provide personal, telephonic or
written notice to the owner to notify the owner that benefits are payable immediately. Failure to
provide the notice as specified herein shall not relieve the owner of any obligations imposed by this
chapter.
C. Relocation benefits may be payable immediately in cases in which the conditions on the premises
require the building official to order the premises vacated immediately. In such cases the building
official shall attempt to provide personal, telephonic or written notice to the owner to noti~ the
owner that benefits are payable immediately. Failure to provide the notice as specified herein shall
not relieve the owner of any obligations imposed by this chapter.
9.11.050 Relocation Benefits - Amount Payable
The relocation benefits shall be a sum equal to two and one-half (2~A) times the established monthly
rental rate for the unit or structure being vacated by the displaced tenant. The relocation benefits shall be
paid in addition to the return, as required by law, of any deposit held by the owner.
16
9.11.060
A.
Damages for Untimely Payment
Any owner who does not make timely payment as specified in Section 9.11.040 shall be liable to
the tenant for an amount equal to one and one-half (I~A) times the relocation benefits payable
pursuant to Section 9.11.050.
Subsection A shall not apply when relocation benefits are payable pursuant to Sections 9.11.040 B
or C if the owner makes the payments within ten (10) days after the date the order to w[cate is first
mailed or posted, or if the City has paid relocation benefits and the owner reimburses llhe City for
all its expenditures within thirty (30) days after an itemized accounting and invoice is mailed to the
owner pursuant to Section 9.11.100.
9.11.070 Relocation Benefits - When Not Payable
A. ' No relocation benefits shall be payable by the owner to any tenant who has caused or substantially
contributed to the condition giving rise to the order to vacate as determined by the building official.
B. No relocation benefits shall be payable by the owner if the unit or structure became unsafe or
hazardous during the tenancy (and no more than six (6) months prior to the order to vacate) as a
result of earthquake, flood, fire, act of the public enemy or other disaster not proximately caused
by building, plumbing, electrical, mechanical or fire code violations.
9.11.080 Relocation Benefits - Payment by the City
A. In the event the owner fails, neglects or refuses to pay a displaced tenant relocation benefits due
pursuant to Sections 9.11.030 through 9.11.050, the City may, in its sole discretion and within
budgetary limitations, make payment of such relocation benefits as the building official determines
is necessary to assist the displaced tenant to relocate, up to an amount not exceeding the amount
payable by the owner under Section 9.11.050. Such relocation benefits may include, without
limitation, the following costs:
1. Transportation of the tenant's personal property to the new location.
2. Packing, crating, unpacking and uncrating the tenant's personal property.
3. Insurance of the tenant's property while in transit.
4. The reasonable replacement value of property lost, stolen, or damaged (not through the fault
or negligence of the displaced person, his or her agent or employee) in the: process of
moving, where insurance covering such loss, thet~ or damage is not reasonably available.
5. The cost of disconnecting, dismantling, removing, reassembling, reconnecting and
reinstalling machinery, equipment or other personal property of the tenant, including
connection charges imposed by utility companies for starting utility service.
6. Any other sums needed by the tenant to obtain substitute housing, such as deposits and
prepaid rent.
7. Temporary housing and living costs incurred while tenant locates a replacement dwelling.
Such costs may include food and hotel/motel expenses. The amount of benefits payable
under this section are to be determined by the building official depending on the facts of the
situation presented.
B. Any displaced tenant who needs relocation benefits because an owner fails to pay benefits due
hereunder may apply to the building official for benefits no later than fit~een (15) days at~er the
vacation date. Relocation benefits may be paid to the tenant in the discretion of the building official
and only in cases in which he/she determines that the tenant is eligible for benefits from the owner.
The building official shall take into consideration budgetary limitations of the City and the amount
needed by the tenant to secure alternative housing and the amount of the tenant's income. Any
17
applicant who objects to the decision of the building official, to grant or not grant benefits, or as to
the amount granted, may appeal the building official's decision to the Director of Development
Services. The appeal must be filed with the building official within ten (10) days of the date of the
building official's decision. The appeal shall consist of a written notice containing a brief statement
of the grounds for appeal. The Director of Development Services shall hold an informal hearing on
the appeal within ten (10) days after the notice of appeal is received by the building official, and shall
issue written findings within five (5) days after the hearing. Such findings shall be final.
Any displaced tenant who has vacated his/her premises based on the building official's order to
immediately vacate the premises due to conditions rendering it immediately dangerous to the life,
limb, property or safety of the public or the tenants, may request temporary housing and living
expenses as provided in subsection A.7. Temporary benefits may be paid to the tenant in the sole
discretion of the build~g official and only in cases in which he/she believes a tenant is substantially
likely to be entitled to receive other relocation benefits. The building official shall have sole
discretion to determine the amount, type and duration of the temporary benefits. The building
official's decision is final. Notwithstanding the finality of the building official's decision, any
displaced tenant or his/her representative who has been denied temporary relocation benefits shall
be entitled to meet with the building official to present facts demonstrating that temporary relocation
benefits should be paid. There is no right to appeal the building official's decision.
9.11.090 City Not Required to Pay Relocation Benefits
Nothing contained in this chapter shall require the City to pay any relocation benefits to any tenant.
9.11.100 Owner Liability for Amount Paid by City
A. The owner shall be liable to the City for any relocation benefit amounts paid by the City to a tenant
pursuant to this chapter or any other law and the City may recover from the owner any such amount
paid to a tenant pursuant to this chapter or any other law. The City shall also be entitled to recover
from the owner an additional amount equal to the City's actual costs (including direct and indirect
costs) of administering the provision of benefits to the displaced tenant, and an additional amount
as penalty for failure to make timely payment to the displaced tenant in an amount equal to one-half
(IA) of the amount paid by the City to a tenant pursuant to this chapter.
B. The City shall mail to the owner, by certified mail return receipt requested and by first class mail,
an itemized accounting and an invoice for reimbursement of the amounts set forth in Subsection A.
If the owner fails to reimburse the City for all its expenditures and administrative penalties and costs
within thirty (30) days aRer the itemized accounting and invoice is mailed, the City may recover
relocation costs, administrative penalties and costs by use of all available legal means. Any
relocation benefit amounts paid by the City pursuant to this chapter or any other law and any
applicable penalties and administrative costs may also be made a personal obligation of the owner
and placed as a lien against the property. The City may recover such relocation benefit amounts,
administrative penalties and costs in the manner set forth in Chapter 15.05 of this code.
C. The damages which a displaced tenant may receive under Section 9.11.060 shall be reduced by the
amount of any benefits the tenant received from the City.
9.11.110 Administrative Penalties - Exception
Notwithstanding Sections 9.11.040 B and 9.11.100, if there are fewer than ten days between the
first posting or mailing of the order to vacate and the vacation date, and if the City advances relocation
benefits to any tenants, no penalty shall be payable by the owner to the City if reimbursement is made to
18
the City within thirty (30) days a~er an itemized accounting and invoice from the City is mailed as set forth
in Section 9.11.100 B.
9.11.120 Attorney Fees
In any action brought by a tenant or the City to recover benefits payable hereunder, the court shall
also award reasonable attorney fees to the prevailing party whether or not the matter proceeds to judgment.
9.11.130 Summary of Provisions of this Chapter
Any order to vacate issued to an owner or tenant shall be accompanied by a summary of the
provisions of this chapter. Failure to provide a summary shall not relieve any person of the obligations
imposed by this chapter.
9.11.140 Establishment of Relocation Benefits Account
The City shall establish a relocation benefits expenditure account and provide appropriations
through City Council action. A relocation revenue account will be established to account £or revenue
generated by this program. The building official shall make periodic reports to the City Council on the
activity and status of these accounts.
9.11.150 Exceptions
The provisions of this chapter shall not apply to property owned by the City of Redding, the
Redding Redevelopment Agency, the Redding Housing Authority, the County of Shasta, the State of
California or any other governmental agency.
SECTION V:
Chapters:
15.01
15.02
15.03
15.04
15.05
The Redding Municipal Code is amended by adding 'Title I 5,
Abatement, Co read as follows:
Title 15
ABATEMENT
General Provisions
Summary Abatement - Immediately Dangerous Buildings
Summary Abatement - Immediately Dangerous Conditions
Abatement - Dangerous Buildings
Abatement - Substandard Buildings and Public Nuisances
Sections:
15.01.010
15.01.020
15.01.030
15.01.040
15.01.050
Chapter 15.01
GENERAL PROVISIONS
Cumulative Remedies
Inspections; Right of Entry
Code Requirements
Responsibility for Proper Property Maintenance
Civil Actions - Private Parties
15.01.060 Abatement, Repair and Demolition Fund
15.01.070 Recovery of Attorneys' Fees in Nuisance Abatement Actions
15.01.010 Cumulative Remedies
Unless otherwise expressly provided, the remedies, procedures and penalties and other provisions
of this title are cumulative to each other and to any others available under other city ordinances, state law,
common law or equity, and nothing in this title shall be read, interpreted or construed in any manner so as
to limit any existing right or power of the City to abate any and all nuisances and dangerous conditions,
including without limitation substandard buildings and dangerous buildings.
15.01.020 Inspections; Right of Entry
A. The health officer, the fire chief, the building official, and the director of development services and
their respective designees are hereby authorized to make such inspections and to take such actions
as may be required to enforce the provisions of this title.
B. Those persons entitled to make inspections may enter on premises to make inspections to the extent
authorized by law.
15.01.030 Code Requirements
A. All buildings, structures, property or premises which are required to be repaired, Clemolished,
secured or otherwise abated under the provisions of this title shall be subject to the requirements
and standards set forth in the Redding Municipal Code or any other code adopted by the City.
B. All buildings, structures, property or premises within the scope of this title and all construction or
work for which a permit is required shall be subject to inspection in accordance with and in the
manner provided by applicable provisions of the Redding Municipal Code or any other code
adopted by the City.
15.01.040 Responsibility for Proper Property Maintenance
Every owner of real property within the City is required to maintain such property in a manner so
as not to violate the provisions of the Redding Municipal Code or any other code adopted by the City and
such owner remains liable for violations thereof regardless of any contract or agreement with any third party
regarding such property.
15.01.050 Civil Actions - Private Parties
Any property owner or tenant of property within five hundred feet of an immediately dangerous
building, an immediately dangerous condition, a dangerous building or a substandard building or a public
nuisance is hereby declared to be damaged thereby.
A. Any such party may institute a civil action against the property owner or lessee, sublessee or
occupant who creates or maintains an immediately dangerous building, an immediately dangerous
condition, a dangerous building, a substandard building or a public nuisance 'to obtain damages
and/or require compliance with the requirements of the Redding Municipal Code or any other code
adopted by the City. Damages shall include actual damages, costs, attorney's fees and a civil penalty
of up to five hundred dollars in addition thereto.
B. Nothing in this provision shall be construed to limit any other right or remedy otherwise available
in law or equity to any party, nor shall this provision in any way limit the City's right to enforcement
under any other provision of this code nor shall it create a duty or obligation on the part of the City.
20
15.01.060 Abatement, Repair and Demolition Fund
A. General: The City Council shall establish a special
revolving fund to be designated as the
Abatement, Repair and Demolition Fund. Payments shall be made out of the fund upon the demand
of the building official or responsible official to deft-ay the costs and expenses which may be incurred
by the City in doing or causing to be done the necessary work of abatement, repair, demolition or
securement pursuant to this title.
Maintenance of Fund: The City Council may at any time transfer to the Abatement, Repair and
Demolition Fund, out of any money in the general fund or applicable enterprise fund of the City,
such sums as it may deem necessary in order to expedite the performance of the work of abatement,
repair, demolition or securement, and any sum so transferred shall be deemed a loan to the
Abatement, Repair and Demolition Fund and shall be repaid out of the proceeds of the collections
provided for in this title. All funds collected under the proceedings in this title shall be paid to the
city treasurer who shall credit the same to the Abatement, Repair and Demolition Fund.
15.01.070 Recovery of Attorneys' Fees in Nuisance Abatement Actions
In any action, administrative proceeding or special proceeding to abate a nuisance in which the City
elects, at the initiation of the action or proceeding, to seek recovery of its attorneys' fees, the prevailing
party in the action or proceeding shall recover its attorneys' fees incurred in the action or proceeding. In
no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing
party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding
"Prevailing party" shall not include a party who complies with a notice of violation issued by the city or an
order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for
the services of the City Attorney or his or her assistant and deputies, calculated based on the effective
hourly rate of such attorney.
Ref. Government Code Section 38773.5.
Chapter 15.02
SUMMARY ABATEMENT - IMMEDIATELY DANGEROUS BUILDINGS
Sections:
15.02.010 Applicable Procedures
15.02.020 Authority and Administration
15.02.030 Definition - Immediately Dangerous Building
15.02.040 Procedures to Abate
15.02.050 Lien or Personal Obligation
15.02.010 Applicable Procedures
Notwithstanding any provisions of this title to the contrary, the procedures for the abatement of an
immediately dangerous building or structure shall be regulated by the provisions of this chapter.
15.02.020 Authority and Administration
The building official and fire chief are each authorized to administer and enforce all provisions of
this chapter, including but not limited to the classification of buildings as immediately dangerous buildings.
21
As used herein, the terms "building official" and "fire chief' shall include his or her authorized
representatives and/or designee, except as specifically provided otherwise.
15.02.030 Definition - Immediately Dangerous Building
For the purpose of this chapter, an immediately dangerous building or structure shall be defined as
any building or structure which has been so damaged by fire, infestation, seismic disturbance, or by any
other cause, including neglect, to the extent that its structural integrity is irreparably damaged o:r destroyed
and is in imminent danger of collapsing or where the condition of the structure poses an immediate and
present threat to fife, health or safety of the public.
15.02.040 Procedure to Abate
A. Whenever the building official or fire chief has inspected or caused to be inspected any building or
structure and has found and determined that such building or structure is an immediately dangerous
building or structure as defined in Section 15.02.030, the same may be summarily abated and
removed by the City without compliance with the provisions of this code prior to such abatement.
B. The building official or fire chief may summarily abate the immediately dangerous building and/or
the dangerous conditions in any reasonable manner which he/she determines will eliminate the
immediate threat to the health, safety and welfare of the public. Reasonable means to abate the
immediately dangerous building and/or the dangerous conditions include, but are not: limited to,
demolition, repairing, boarding to city specifications, securing, fencing and vacating.
C. No action shall be taken to summarily abate an immediately dangerous building without prior
approval of the city attorney or his/her authorized representative.
15.02.050 Lien or Personal Obligation
The cost of abatement including all reasonable administrative and engineering costs incurred by the
City as a result of any action taken pursuant to this chapter may be assessed as a lien against the property
upon which the immediately dangerous building or structure was located and may be made a personal
obligation of the property owner. The recovery of such costs shall be governed by the procedures provided
in Chapter 15.05 of this title.
Chapter 15.03
SUMMARY ABATEMENT - IMMEDIATELY DANGEROUS CONDITIONS
Sections:
15.03.010
15.03.020
15.03.030
15.03.040
15.03.050
Applicable Procedures
Authority and Administration
Definition - Immediately Dangerous Condition
Procedure to Abate
Lien or Personal Obligation
15.03.010 Applicable Procedures
Notwithstanding any provisions of this title to the contrary, the procedures for the abatement of an
immediately dangerous condition, as defined, shall be regulated by the provisions of this chapter.
22
15.03.020 Authority and Administration
The health officer, fire chief, building official and the director of development services and their
respective designees are.each authorized to administer and enforce all provisions of this chapter, including
but not limited to the classification of immediately dangerous conditions for the purpose of abating those
conditions which exist as the result of a violation of those ordinances for which their respective departments
have primary enforcement responsibility.
15.03.030 Definition - Immediately Dangerous Condition
For the purpose of this chapter, an immediately dangerous condition shall be defined as a condition
on any premises or property which, in the opinion of the health officer, the fire chief, the building official
or the director of development services, is of such a nature as to be imminently dangerous to the health,
safety or welfare of the public, which if abated according to the procedures of this code, would, during the
pendency of such proceedings, subject the public to potential harm of a serious nature.
15.03.040 Procedure to Abate
A. Whenever the health officer, the fire chief, the building official, or the director of development
services has inspected or caused to be inspected any premises or property and has found and
determined that there exists on such premises or property an immediately dangerous condition as
defined in Section 15.03.030, the same may be summarily abated and removed by the City without
compliance with the provisions of this code prior to such abatement.
B. The health officer, the fire chief, the building official, or the director of development services may
abate the immediately dangerous condition in any reasonable manner which he/she determines will
eliminate the immediate threat to the health, safety or welfare of the public. Reasonable means to
abate the immediately dangerous condition include, but are not limited to, demolition, repairing,
boarding to city specifications, securing the perimeter of the property with fencing, gates or
barricades, vacating, and removal of junk and debris.
C. No action shall be taken to summarily abate an immediately dangerous condition without prior
approval of the city attorney or his/her authorized representative.
15.03.050 Lien or Personal Obligation
The cost of abatement including all reasonable administrative and engineering costs incurred by the City as
a result of any action taken pursuant to this chapter may be assessed as a lien against the premises or
property upon which the immediately dangerous condition was located and may be made a personal
obligation of the property owner. The recovery of such costs shall be governed by the procedures provided
in Chapter 15.05 of this title.
Chapter 15.04
ABATEMENT - DANGEROUS BUILDINGS
Sections:
PART I. GENERAL PROVISIONS
15.04.010 Title
15.04.020 Authority and Administration
15.04.030 Violations
23
15.04.040 Abatement Hearing Officer
15.04.050 Abatement
15.04.060 Dangerous Buildings Specified
PART H. PROCEDURE
15.04.110 Notices and Orders of the Building Official
15.04.120 Service and Method of Service
15.04.125 Notice of Pendency of Action - Notice of Final Disposition of Action
15.04.130 Standards
15.04.140 Notice to Vacate
15.04.150 Disconnection of Hazardous Utilities
PART llL APPEAL
15.04.210 Appeal - Generally
15.04.220 Effect of Failure to Appeal
15.04.230 Staying of Orders Under Appeal
PART IV. CONDUCT OF HEARING ON APPEALS
15.04.310 Scope of Hearing on Appeal
15.04.320 Hearing on Appeal - Generally
15.04.330 Conduct of Hearing
15.04.340 Inspection of Property
15.04.350 Form and Contents of Decision - Finality of Decision
15.04.360 Service of the Final Decision and Order
PART V. ENFORCEMENT OF DECISION AND ORDER
15.04.410 Compliance With Decision and Order
15.04.420 Extension of Time
15.04.430 Interference With Repair or Demolition Work Prohibited
15.04.440 Performance of Work of Repair, Demolition or Securement
PART VI.
15.04.510
15.04.515
15.04.520
15.04.525
15.04.530
15.04.535
15.04.540
15.04.545
15.04.550
15.04.555
15.04.560
15.04.565
15.04.575
RECOVERY OF COST OF ABATEMENT
Liability for Costs of Abatement
Sale of Materials
Account of Expenses - Filing of Report - Contents
Service of the Report and Notice of Hearing
Making of Protests or Objections
Nature of Protests to be Heard
Hearing of Protests and Confirmation, Rejection or Modification of Report
Order of Abatement Hearing Officer
Final Decision and Order - Service
Personal Obligation and Lien Against the Property
Recordation of Lien
Form of Notice of Lien
Discharge of Lien
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PART I.
GENERAL PROVISIONS
15.04.010 Title
This chapter shall be known as the "Dangerous Buildings Code," may be cited as such, and will be
referred to herein as "this chapter."
15.04.020 Authority and Administration
The building official is authorized to administer and enforce all provisions of this chapter, including
but not limited to the classification of buildings as dangerous buildings. As used herein, the teton "building
official" shall include his or her authorized representatives and/or designees.
15.04.030 Violations of Chapter
No person, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter,
repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause
or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any
order issued by the building official hereunder. For purposes of this chapter "person" includes individuals,
partnerships, corporations, joint ventures, receivers, limited liability company, trust, estate, cooperative,
association or any other entity. Any person violating the provisions of this section or any other provision
of this chapter shall be guilty of a misdemeanor for each day such violation continues. Any person violating
the provisions of this section or any other provision of this chapter shall also be liable for civil penalties of
not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000) for each day the
violation continues. The city attorney may seek civil penalties in any civil action brought to enforce any
provision of this chapter.
15.04.040 Abatement Hearing Officer
Subject to ratification by a majority of the City Council, the City Manager' shall appoint the
Abatement Hearing Officer(s) for proceedings under this chapter. The term of office of the Abatement
Hearing Officer shall be two (2) years. The City Manager may designate more than one Abatement Hearing
Officer, however, no more than one Abatement Hearing Officer shall preside over any particular proceeding
under this chapter. The City Manager may re-appoint an Abatement Hearing Officer for successive two-year
terms. Compensation for the Abatement Hearing Officer(s) may be established by resolution of the City
Council.
15.04.050 Abatement
All buildings or portions thereof which, after inspection, are determined by the building official to
be dangerous, as defined in this chapter, are hereby declared to be public nuisances and shall be abated by
repair, rehabilitation, demolition, securement or removal in accordance with the procedure specified in this
chapter.
15.04.060 Dangerous Buildings Specified
For purposes of this chapter, any building or structure which has one or more of the conditions or
defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or
defects exist to the extent that the life, health, property, or safety of the public or its occupants are
endangered:
A. Whenever any door, aisle, hallway, passageway, stairway or other means of exit is not of sufficient
width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or
25
panic.
Whenever the walking surface of any aisle, hallway, passageway, stairway, or other means of exit
is so warped, buckled, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is
more than one and one-half (1½) times the working stress or stresses allowed in the Redding
Municipal Code, the California Building Code, or any other code adopted by the City for new
buildings of similar structure, purpose or location.
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other
cause, to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the Redding Municipal Code,
the California Building Code, or any other code adopted by the City for new buildings of similar
structure, purppse or location.
Whenever any portion or member of a building or appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage property.
Whenever any portion ora buildifig or any member, appurtenance or ornamentation on the exterior
thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place
so as to be capable of resisting a wind pressure of two thirds (%) of that specified in the Redding
Municipal Code, the California Building Code, or any other code adopted by the City for new
buildings of similar structure, purpose or location without exceeding the working stresses permitted
in the Redding Municipal Code, the California Building Code, or any other code adopted by the City
for such buildings.
Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls
or other structural portions have materially less resistance to winds or earthquakes than. is required
in the case of similar new construction.
Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration,
or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or
inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for
the purpose for which it is being used.
Whenever the exterior walls or other vertical structural members list, lean or buckle to such an
extent that a plumb line passing through the center of gravity does not fall inside the middle
one-third (l/a) of the base.
Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%)
or more damage or deterioration of its supporting member or members, or fifty percent (50%)
damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has
become so dilapidated or deteriorated as to become (i) an attractive nuisance to chi. ldren; (ii) a
harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort: thereto for
the purpose of committing unlawful or immoral acts.
Whenever any building or structure has been constructed, exists or is maintained in violation of any
specific requirement or prohibition applicable to such building or structure provided by the Redding
Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted
by the City or of any law or ordinance of this state or City relating to the condition, location, or
structure of buildings.
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Whenever any building or structure which, whether or not erected in accordance 'with all applicable
laws and ordinances, has in any nonsupporting part, member or portion, less than ~iffy percent
(50%), or in any supporting part, member, or portion less than sixty-six percent (66%), of the (i)
strength, (ii) fire-resisting qualities or characteristics, or (iii) weather- resisting qualities or
characteristics required by law in the case of a newly constructed building of like area, height and
occupancy in the same location.
Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, ak or sanitation facilities, insects, rodents, pests or other vectors, or otherwise, is
determined by the building official or health officer to be unsanitary, unfit for human habitation or
in such a condition that is likely to cause sickness or disease.
Whenever the fire chief has determined that a building, structure, or the premises thereof constitute
a fire hazard for any of the following reasons: · .
1. Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous
materials;
2. Hazardous conditions arising from defective or improperly installed equipment for
handling or using combustible or explosive or otherwise hazardous materials;
3. Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly
flammable materials;
4. Accumulations of dust or waste material in air conditioning or ventilating systems or
of grease in kitchen or other exhaust ducts;
5. Obstructions to or on fire escapes, staks, passageways, doors or windows, liable to interfere
with the operations of the fire department or egress of occupants in case of fire;
6. Other conditions including, but not limited to, want of repairs, lack of adequate exit
facilities, required automatic or other fire alarm apparatus or fire extinguishing equipment,
which create a hazardous condition.
Whenever any building or structure, because of lack of fire-resistive construction, or other cause,
is determined by the building official or fire chief to be a fire hazard to life, health or property.
Whenever any building or structure, because of faulty electrical wiring, or other cause, is determined
by the building official or fire chief to be an electrical or fire hazard to life, health or property.
Whenever any bu~flding or structure, because of faulty gas connections, heating apparatus or water
and sewer systems, or other cause, is determined by the building official or fire chief to be a hazard
to life, health or property.
Whenever any portion of a building or structure remains on a site after the demolition or destruction
of the building or structure or whenever any building or structure is vacant, unoccupied, or
abandoned for a period in excess of six (6) months such that the building or portion thereof is an
attractive nuisance or hazard to the health, safety and welfare of the public.
Whenever any well, septic tank or other excavation appurtenant to any existing or demolished
structure has been abandoned.
PART H. PROCEDURE
15.04.110 Notices and Orders of the Building Official
A. Commencement of Proceeding: Whenever the building official has inspected or caused to be
inspected any building or structure and has found and determined that such building or structure is
a dangerous building, he/she shall commence proceedings to repair, vacate, secure or demolish the
27
building.
Notice and Order: The building official shall issue a notice and order directed to the record owner
of the building. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon
which the building is located.
2. A statement that the building official has found the building to be dangerous with a brief and
concise description of the conditions found to render the building dangerous under the
provisions of Section 15.04.060 of this chapter.
3. A statement advising that, in accordance with Sections 17274 and 24436.5 of the California
Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes,
depreciation, or amortization paid or incurred in the taxable year.
4. A statement that the building official has determined that the building must be repaired or
demolished at the option of the owner in the manner and within the time limitations
hereinafter specified.
a. If the owner elects to repair the building, all required permits for repair shall be
secured therefore and the work physically commenced thirty (30) days from the date
of the order and completed within such time as the building official shall determine
is reasonable under all of the circumstances, or
b. If the owner elects to demolish the building, all required demolition permits shall be
secured therefore and demolition commenced not later than thirty (30) days from the
date of the order, and that demolition be completed within such time as the building
official shall determine is reasonable.
c. If, prior to compliance, the building or conditions in the building or on the property
becomes an immediately dangerous building as defined in Chapter 1.5.02 or an
immediately dangerous condition as defined in Chapter 15.03, the City may abate
the immediately dangerous building as provided in Chapter 15.02 or the City may
abate the immediately dangerous condition as provided in Chapter 15.03.
5. Statements advising that if any required repair or demolition work is not conunenced or
completed within the time specified, the building official:
a. May order the building vacated and posted to prevent further occupancy until the
work is completed 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 its
occupants, or if the building official determines that repair or demolition of the
building or structure cannot be accomplished without making it immediately
dangerous to life, limb, property or safety of the public or its occupants;
b. May order the immediate disconnection of hazardous utility services (electricity, gas,
sewer or water); and
c. May proceed to repair, secure or demolish the building and charge the costs thereof
against the property and its owner.
6. Statements advising:
a. That any person having any record title or legal interest in the building may appeal,
from the notice and order or any action of the building official to the Abatement
Hearing Officer, provided the appeal is made in writing, as provided in this chapter,
and fried with the building official within thirty (30) days from the date of the order;
and
28
That failure to appeal will constitute a waiver of all rights to an administrative
hearing and a final determination of the matter. The final order is subject only to
judicial review pursuant to California Code of Civil Procedure Section 1094.5.
Whether the City elects to seek its attorneys' fees in the abatement proceeding
pursuant to Section 15.01.070.
That every owner of property within the City is liable to the City for the total cost
of abatement proceedings undertaken pursuant to this chapter on his/her property.
How and where interested persons may contact the building official or his/her
designee about the notice and order.
15.04.120 Service and Method of Service
A. 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 (1) copy thereof
shall be served on each of the following if known to the building official or disclosed fi'om official
public records:
1. The holder of any mortgage or deed of trust or other lien or encumbrance of record;
2. The owner or holder of any lease of record; and
3. Any known tenants actually occupying the property or occupying that portion affected by
the notice and order.
B. Method of Service: Service of the notice and order may be made upon all persons entitled thereto,
either by personal delivery or by certified mail, return receipt requested. Service may be made upon
the record owner at his/her/their address as it appears on the latest equalized assessment roll of
Shasta County or the supplemental roll, whichever is more current, or as known to the building
official. Service by certified mail in the manner herein provided shall be effective on the date of
mailing. A copy of the notice and order and any amended or supplemental notice and order shall
also be posted on the premises.
In lieu of personal service or service by certified mail, service of the notice and order and
any amended or supplemental notice and order may be made as follows:
1. In the event that service by certified return receipt mail cannot be effected or the recipient
cannot be personally served, service may be made by substituted service. Substituted
service may be accomplished as follows:
a. By leaving a copy during usual business hours in the recipient's business with the
person who is apparently in charge, and by thereafter mailing by first-class mail a
cOpy to the recipient at the address where the copy was left; or
b. By leaving a copy at the recipient's dwelling or usual place of abode in the presence
of a competent member of the household and therea~er mailing by first-class mail
a copy to the recipient at the address where the copy was left.
2. In the event the recipient refuses to accept certified return receipt mail or cannot be
personally served and has a property manager or rental agency overseeing the premises,
substituted service may be made as set forth in subsection B. 1 above upon the property
manager or rental agency.
3. If the recipient fives out of state and will not accept certified return receipt: mail, then service
may be made by first-class mail.
4. , If the recipient cannot be located or service cannot be effected as set forth in this section,
service may be made by publication in a Redding newspaper of general circulation which is
most likely to give actual notice to the owner. Service shall be deemed sufficient when it
29
is accomplished pursuant to Government Code Section 6062.
Failure tO Serve: The failure of the building official to serve any person required herein to be served
shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any
such person from any duty or obligation imposed on him by the provisions of' this chapter. The
failure of any person served pursuant to this section to receive such notice and order shall not affect
the validity of any proceedings taken under this section.
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 person effecting service, declaring
the time, date and manner in which service was made. The declaration, together with any receipt
returned in acknowledgment of receipt by certified mail shall be a~ed to the copy of the notice and
order retained by the building official.
15.04.125 Notice of Pendency of Action - Notice of Final Disposition of Action
A. Kecordation of Notice ofPendeng-3,_ of Acgi0n: Concurrent with service of the notice and order, the
building official shall record a notice of pendency of action with the county recorder. The building
official shall instruct the coianty recorder to record the notice and index it in the property index as
well as in the name of each owner of record as shown in the last equalized assessment roll or the
supplemental roll, whichever is more current, and/or as known to the building official. The notice
shall be in substantially the following form:
NOTICE OF PENDENCY OF ACTION
NOTICE IS HEREBY GIVEN that pursuant to Redding Municipal Code Title 15,
Chapter 15.04, an administrative abatement action was commenced on ,
by the City of Redding against the property described herein and the action is now pending.
The action alleges that the property is in violation of Redding Municipal Code
Chapter 15.04 in that it constitutes a dangerous building and that such dangerous building
must be abated.
As of the date of commencement of the abatement action, the name and address of
the record owner of the property described herein is:
The real property against which the abatement action is pending is that certain real
property commonly known as , Assessor Parcel Number
, and more particularly described in Exhibit A, attached hereto and
incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
Recordation of Final Disposition of Action: The building official shall record a notice of final
disposition of action within fifteen (15) days following the earlier of the following dates: (i) the date
the building official verifies both voluntary compliance in abating the dangerous building and
payment of all accrued costs of abatement to which the City is entitled pursuant to this title; or (ii)
the date of final resolution of the abatement action. The notice of final disposition of action shall be
in substantially the following form:
30
NOTICE OF FINAL DISPOSITION OF ACTION
NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Title
15, Chapter 15.04:
1. Final disposition has been reached in the administrative abatement action
referenced in that notice of pendency of action recorded on , in Book
, at Page , of the Official Records of Shasta County,
California.
2. The City of Redding does hereby withdraw the above-referenced notice of
pendency of action.
3. The above-referenced notice of pendency of action affected that certain real
property commonly known as , Assessor Parcel Number
, and more particularly described in Exhibit A, attached hereto and
incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
15.04.130 Standards
Any building declared a dangerous building under this chapter shall either be repaired, secured or
demolished by the owner in accordance with the applicable provisions of the Redding Municipal Code, the
California Building Code, or any other code adopted by the City.
15.04.140 Notice to Vacate
A. Order to Vacate: If any building or structure declared a dangerous building is in such condition as
to make it immediately dangerous to the life, limb, property, or safety of the public or its occupants,
it shall be ordered to be vacated as provided in this chapter.
B. Posting: Every notice to vacate shall, in addition to being served as provided in Section 15.04.120,
be posted at or upon each exit of the building or upon any individual unit to be vacated, and shall
be in substantially the following form:
DANGEROUS BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
You are hereby ordered and required to vacate this building on or betbre
It is a misdemeanor pursuant to Redding Municipal Code Sections
15.04.030 and 15.04.140 to occupy this building on or at~er
31
or to remove or deface this notice.
Building Official
City of Redding
By.
Compliance: Whenever a notice to vacate is posted, the building official shall specify irt the notice
to vacate the conditions which necessitate an immediate notice to vacate.
Violation: No person shall remain in or enter any building which has been so posted, except that
entry may be made to repair, demolish or remove such building under permit without the consent
of the building official. No person shall remove or deface any such notice after it is posted until the
required repairs, securement, demolition, or removal have been completed and a certificate of
occupancy issued pursuant to the provisions of the Redding Municipal Code and the California
Building Code. Any person violating this subsection shall be guilty of a misdemeanor.
The building official may permit occupancy of the building or individual units if the owner corrects
those problems which pose an immediate danger to life, limb, property and safety of the public or
occupants.
Prior to issuing a notice to vacate, the building official shall obtain approval of the city attorney or
his/her representative.
15.04.150 Disconnection of Hazardous Utilities
Whenever a notice to vacate has been posted and served in accordance with Section 15.04.140, the
building official may order the immediate disconnection of any utility services determined to be hazardous
by the building official. If the sewer service is ordered disconnected pursuant to this section, city water
service to such building shall also be disconnected in order to prevent the accumulation of sewage on such
premises. It shall be unlawful and a misdemeanor for any person to fail to disconnect utility services when
ordered to do so pursuant to the provisions of this section.
PART m. APPEAL
15.04.210 Appeal - Generally
A. Form of Appeal: Any person entitled to service under Section 15.04.120, and any person who is
a tenant may appeal from any notice and order or any action of the building official under this
chapter by filing with.the building division, a written appeal containing:
1. A brief statement setting forth the legal interest of each of the appellants in the building or
the land involved in the notice and order.
2. A brief statement in ordinary and concise language of the specific order or action protested,
together with any material facts claimed to support the contentions of the appellant.
3. 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.
4.The signatures of all parties named as appellants, and their official mailing addresses.
5. A declaration under penalty 0fperjury of at least one appellant setting forth the truth of the
matters stated in the appeal.
32
Processing of Appeal: Upon receipt of any appeal filed and the appeal fee pursuant to this section,
the building official shall calendar the appeal for heating before the Abatement Heating Officer as
follows:
1. If the appeal is received by the building official not later than fifteen days prior to the next
regular hearing of the Abatement Hearing Officer, if any, it shall be calendared for hearing
at that hearing.
2. If the appeal is received by the building official on a date less than fifteen days prior to the
next regular heating of the Abatement Heating Officer, if any, it shall be calendared for
hearing at the next subsequent hearing of the Abatement Hearing Officer.
3. If more than one appeal is received by the building official regarding a notice and order on
the same property, all such appeals shall be calendared to be heard at the same hearing of
the Abatement Hearing Officer as the last timely appeal received by the building official.
Noticing Appeal for Hearing: Written notice of the time and place of the hearing shall be given at
least ten (10) days prior to the date of the hearing to each appellant by the building official 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 his address shown on the appeal and to all
other people receiving the appealed-from notice and order.
Appeal Fee: The building official may collect and require an appeal fee to be paid at the time the
written appeal notice is filed pursuant to this section. The appeal fee shall be set by resolution of
the City Council. The fee shall be calculated to recover the total city costs incurred in the appeal
including, but not limited to, staff time to process and handle the appeal, preparation and service
of notices, staff appearance at the appeal hearing, and compensation of the Abatement Hearing
Officer, if any. No appeal shall proceed without payment of the fee at the time the appeal is filed.
The building official may waive the appeal fee upon written request for good cause shown. Good
cause may include severe economic hardship, significant attempts to comply with the notice and
order, and other factors indicating good faith attempts to comply with the order(s).
15.04.220 Effect of Failure to Appeal
Failure of any person to file an appeal in accordance with the provisions of Section 15.04.210 shall
constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the
building official's order, or any portion thereof, subject only to review pursuant to California Code of Civil
Procedure Section 1094.5.
15.04.230 Staying of Orders Under Appeal
Except for orders to vacate made pursuant to Section 15.04.140, and utility disconnection orders
made pursuant to Section 15.04.150, enforcement of any notice ~and order of the building official issued
under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely
filed.
PART IV. CONDUCT OF HEARING ON APPEALS
15.04.310 Scope ofllearing On Appeal
Only those matters or issues specifically raised by the appellant in the appeal notice shall be
considered in the heating of the appeal.
33
15.04.320 Hearing on Appeal - Generally
A. Hearing by Abatement Hearing Officer:
At the time fixed in the notice required 'by Section
15.04.210, the Abatement Hearing Officer shall proceed to hear the testimony of the building official
or designee and the testimony of the appellant and other competent persons, including members of
the public, respecting those matters or issues specifically listed by the appellant in his/her notice of
appeal.
Recor0.: A record of the entire proceedings shall be made by tape recording, or by any other means
of permanent recording determined to be appropriate by the Abatement Hearing Officer. If the
appellant seeks judicial review of the decision of the Abatement Heating Officer, preparation of a
record of the proceeding shall be governed by California Code of Civil Procedure Section 1094.5,
as presently written or hereinafter amended.
Reporting: The proceedings at the heating may also be reported by a certified shorthand reporter
if such reporter is provided by the appellant at his/her own expense.
Continuances: The Abatement Hearing Officer may, upon request of the appellant or the building
official, grant continuances from time to time for good cause shown, or upon his/her own motion.
Reasonable Dispatch: The Abatement Hearing Officer and its representatives shall proceed with
reasonable dispatch to conclude any matter before him/her. Due regard shall be shown for the
convenience and necessity of any parties or their representatives.
15.04.330 Conduct of Hearing
A. Rules: Hearings need not be conducted according to the technical rules relating to evidence and
witnesses.
B. Exclusion of Evidence: Irrelevant and unduly repetitious evidence shall be excluded.
C. Rights of Parties: Each party shall have these rights, among others:
1. To testify and call others to testify on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To rebut the evidence against him/her;
4. To represent himself or herself or to be represented by anyone of his/her choice.
5. If a party does not proficiently speak or understand the English language, he/she may
provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall
not have had any involvement in the issues of the case prior to the hearing
15.04.340 Inspection of Property
A. The Abatement Heating Officer may, with the owner(s)' consent, or by inspection warrant, inspect
the building or premises involved in the hearing prior to, during, or after the hearing, provided that:
1. Notice of such inspection shall be given to the parties before the inspection is made;
2. The parties are given an opportunity to be present during the inspection; and
3. The Abatement Hearing Officer shall state for the record during the hearing, or file a written
statement after the hearing for inclusion in the hearing record, upon completion of the
inspection, the material facts observed and the conclusion drawn therefrom; and
4. Each party then shall have a right to rebut or explain the matters so stated by the Abatement
Hearing Officer either for the record during the heating or by filing a written statement af~er
the hearing for inclusion in the hearing record.
B. Neither inspection warrant nor the owner(s)' consent to inspect the building and surrounding
properties is required if such inspection can be made from areas in which the general public has
access or with permission of other persons authorized to provide access to the property on which
34
the building is located.
15.04.:350 Form and Contents of Decision - Finality of Decision
A. If it is shown by a preponderance of the evidence that the owner has violated provisions of this
chapter, then the Abatement Hearing Officer shall order the owner to correct the dangerous
conditions or demolish the building within a reasonable time. The Abatement Hearing Officer shall
also order that if the owner fails, refuses or neglects to correct the dangerous conditions or demolish
the building within the time set forth in its order that the City may repair, demolish or secure the
building pursuant to this chapter or institute an action to compel compliance with its order.
B. The decision of the Abatement Hearing Officer is a final decision subject only to judicial review
pursuant to California Code of Civil Procedure Section 1094.5, and shall be in the form of an order
and shall contain findings of fact, a'determination of the issues presented, and the requirements
which the owner shall comply. The order shall also inform the appellant that the decision of the
Abatement Hearing Officer is a final decision and that the time for judicial review is governed by
California Code of Civil Procedure Section 1094.6.
C. The effective date of the decision and order and the period or periods within which the appellant
must comply with the requirements of the decision shall be as stated in the decision.
15.04.360 Service of the Final Decision and Order
A copy of the decision and order shall be served on the appellant or appellants personally or sent
to him/her/them at the address shown on the appeal(s) by certified mail, postage prepaid, return receipt
requested and a copy shall be posted on the property. .
PART V. ENFORCEMENT OF DECISION AND ORDER
15.04.410 Compliance With Decision and Order
A. General: After the decision and order of the Abatement Hearing Officer or the notice and order of
the building official made pursuant to this chapter is final, no person to whom any such order is
directed shall fail, neglect, or refuse to obey any such order or decision. Any such person who fails
to comply with any such order or decision is guilty of a misdemeanor.
B. F0Jlure 1[0 Obey Order: If, after the decision and order of the Abatement Hearing Officer or the
notice and order of the building official has become final, the person(s) to whom such order is
directed shall fail, neglect or refuse to obey such order, the building official may (i) cause such
person to be prosecuted under subsection A of this section; (ii) institute any appropriate action to
abate such building as a public nuisance; or (iii) repair, demolish or secure the building in
accordance with the provisions of this chapter or as provided in the order of the Abatement Hearing
Officer or building official. In any action brought by the City to enforce the provisions of this
chapter, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs
whether or not the matter proceeds to judgment.
C. Failure to Commence or Complete Work: Whenever the required repair or demolition is not
commenced or completed within the time limits prescribed in the final decision and order of the
Abatement Hearing Officer or the notice and order of the building official, the following shall apply:
1. 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 its occupants, or if the building official
determines that repair or demolition of the building or structure cannot be accomplished
without making it immediately dangerous to life, limb, property or safety of the public or
35
its occupants, it shall be ordered to be vacated as provided in Section 15.04.140.
2. No person shall occupy any building which has been posted with a notice to vacate as
specified in this subsection. No person shall remove or deface any such notice so posted
until the repairs, demolition, or removal ordered by the building official or the Abatement
Hearing Officer shall have been completed.
3. To the extent permitted by law, the building official may, in addition to any other remedy
herein provided, cause the building to be repaired to the extent necessary to correct the
conditions that render the building dangerous as set forth in the notice and order; may cause
the building or site to be secured as set forth in the order; or may cause the building to be
demolished and the materials, rubble and debris therefrom removed and the lot cleared and
graded to provide proper drainage and sediment control. Any such repair, demolition or
work to secure the building or site shall be accomplished and the cost thereof paid and
recovered in the manner hereinat~er provided in this chapter.
4. No action shall be taken by the building official to repair, secure, vacate or demolish a
building pursuant to this chapter without prior approval of the city attorney's office.
Enforcement of the decision and order of the Abatement Hearing Officer or the notice and order
of the building official made pursuant to this chapter shall be stayed during 'the pendency of a
properly and timely filed appeal therefrom to the Superior Court.
15.04.420 Extension of Time
Upon receipt of a building permit application accompanied by the required permit fees from the
person required to conform to a final order and an agreement by such person that he/she will comply with
the order if allowed additional time, the building official may, in his/her discretion, grant an extension of
time, not to exceed an additional one hundred twenty (120) days, within which to complete tlhe required
repair, rehabilitation, or demolition, if the building official determines that such an extension of time will
not create or perpetuate a situation imminently dangerous to life or property. The building official's
authority to extend time is limited to the physical repair, rehabilitation, securement or demolition of the
building and will not in any way affect or extend the time to appeal a final order or challenge any order of
the Abatement Hearing Officer or building official.
15.04.430 Interference With Repair or Demolition Work Prohibited
It shall be unlawful and a misdemeanor for any person to obstruct, impede or interfere with any
officer, employee, contractor or authorized representative of the City, or with any person who owns or
holds any estate or interest in any building which has been ordered repaired, secured, vacated or
demolished under the provisions of this chapter whenever such officer, employee, contractor or authorized
representative of the City, person having an interest or estate in such building or structure, or purchaser is
engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the
provisions of this chapter, or is performing any necessary act preliminary to or incidental to such work or
authorized or directed pursuant to this chapter.
15.04.440 Performance of Work of Repair, Demolition or Securement
A. Procedure: When any work of repair, demolition or securement is to be done pursuant to Section
15.04.410 by the City or its agents or contractors, the building official shall provide the final order
or decision to the city engineer and the work shall be accomplished by city personnel or by private
contract under the direction of such engineer and the building official. Plans and specifications
therefore may be prepared by such engineer, or he/she may employ such architectural and
36
engineering assistance on a contract basis as he/she may deem reasonably necessary.
Costs: The cost of such repair, demolition or securement work shall be paid from the Abatement
P~epair and Demolition Fund, and may be made a lien against the property involved and may be
made a personal obligation of the property owner, as the Abatement Hearing Officer shall determine
is appropriate pursuant to this chapter.
PART VI. RECOVERY OF COST OF ABATEMENT
15.04.510 Liability for Costs of Abatement
A. Every owner of property within the City is liable to the City for the total cost of abatement
proceedings undertaken pursuant to this chapter on his or her property accrued to the date of final
resolution of the proceedings, including the recordation of liens pursuant to this chapter if any. Such
costs shall include without limitation, costs of inspection, including inspections which form the basis
of the building official's notice and order; expenses associated with issuing and serving the building
official's notice and order and the final decision and order, if any; expenses associated with the
appeal of the building official's notice and order, if any; attorneys' fees pursuant to Section
15.01.070, if any; the cost of repair, securement, demolition or any other abatement of the
dangerous building or structure; costs of title reports, placing or removing liens and closing the file,
and any other related administrative costs.
B. The director of development services or his/her designee, in his/her sole discretion, may waive any
portion of or all of the costs of abatement proceedings in the event the owner of the property
voluntarily complies with the building official's notice and order.
C. All costs not otherwise paid by the owner or waived by the building official shall be collected
pursuant to the procedures set forth in this part of this chapter.
15.04.515 Sale of Materials
A. In the event the City repairs, secures, demolishes or otherwise abates the dangerous building and
the abatement consists in part of removal of materials or demolition of a building or structure, the
City may, at the City's sole discretion, sell the removed materials or materials contained in the
demolished building or structure at public sale to the highest responsible bidder. The City shall
notice the sale by publication at least five (5) days prior to the date of the sale. The notice shall be
published twice in a newspaper of general circulation in the City. The notice by publication may
occur either before or alter the removal of the materials or demolition of the building or structure.
B. Any moneys received from the sale of such removed materials or materials contained in the
demolished building or structure shall be deducted from the expense of abatement.
1.5.04.520 Account of Expenses - Filing of Report - Contents
A. The building official shall keep an itemized account of all expenses incurred by the City in the
abatement of the dangerous building, including without limitation, those costs and expenses set forth
in Section 15.04.510.
B. The building official shall keep an itemized account of all revenue received by the City for any sale
of materials pursuant to Section 15.04.515.
C. Upon the completion of the work, the building official shall prepare a report, verified by the city
official in charge of doing the work, specifying the following information:
1. The work done in repairing, securing, demolishing or otherwise abating the dangerous
building, if any.
37
5.
6.
7.
The itemized and total cost of the abatement proceedings undertaken pursuant to this
chapter, including without limitation those costs and expenses set forth in Section
15.04.510.
The itemized and total revenue received from any sale of materials pursuant to Section
15.04.515.
The net expense of the abatement (gross expenses less the revenue from any sale of
materials pursuant to Section 15.04.515).
A description of the real property upon which the building or structure :is or was located.
The names and addresses of the persons entitled to notice pursuant to Section 15.04.120.
Notice of the time, date and place when and where the Abatement Heating Officer will hear
and pass upon the report, together with any objections or protests which may be filed by any
person interested in or affected by the proposed charge, and shall confirm, reject or modify
the report and determine whether the charge shall be made a personal obligation of the
property owner(s) and charged as a lien against the property involved.
A statement that the decision and order of the Abatement Hearing Officer after the hearing
is a final decision and order and is subject only to judicial review pursuant to California
Code of Civil Procedure Section 1094.5.
15.04.525 Service of the Report and Notice of Hearing
A. The building official's report and notice of the hearing shall be posted on the property and served
by certified return receipt mail and first class mail, postage prepaid, addressed to the persons entitled
to notice pursuant to Section 15.04.120 as their names and addresses appear on. the last equalized
assessment roll of the county or supplemental roll whichever is more current, if such so appears, or
as known to the building official.
B. Service of the report and notice shall be made at least ten (10) days prior to the date set for hearing.
C. All costs associated with service of the report and notice shall be added to total expenses to be
reviewed by the Abatement Hearing Officer.
15.04.530 Making of Protests or Objections
Any person interested in or affected by the proposed charge may file written protests or objections
with the building official at any time prior to the time set for the hearing on the report of the building official
or may make an oral protest at the hearing. Each written protest or objection must contain a description
of the property in which the signer thereof is interested and the grounds of such protest or objection. The
building official shall endorse on every such protest or objection the date it was received by him/her. The
building official shall present such protests or objections to the Abatement Hearing Officer at the time set
for the hearing,' and no other written protests or objections shall be considered.
15.04.535 Nature of Protests to be Heard
The protests heard by the Abatement Heating Officer pursuant to Section 15.04.540 shall relate only
to the charge to be made for abatement, and no protest concerning the action of the building official or the
Abatement Hearing Officer in ordering the repair, securement, demolition or other abatement of the
dangerous building shall be heard at this time.
15.04.540 Hearing of Protests and Confirmation, Rejection or Modification of Report
Upon the day and hour fixed for the hearing, the Abatement Hearing Officer shall hear and pass
upon the report of the building official together with any such objections or protests and shall confirm,
38
reject or modify the report. The Abatement Hearing Officer may make such revision, correction or
modification of the report or the charge as it may deem just; and in the event the Abatement Hearing Officer
is satisfied with the correctness of the charge, the building official's report (as submitted or as revised,
corrected or modified) together with the charge, shall be confirmed or rejected.
15.04.545 Order of Abatement Hearing Officer
The Abatement Hearing Officer may order that the charge be made a personal obligation of each
owner of the property and charged against the property involved as a lien.
15.04.550 Final Decision and Order - Service
A. The decision and order of the Abatement Hearing Officer is a final decision subject only to judicial
review pursuant to California Code of Civil Procedure Section 1094.6.
B. A copy of the final decision and order of the Abatement Hearing Officer shall be served in
accordarice with Section 15.04.120.
15.04.555 Personal Obligation and Lien Against the Property
A. If the Abatement Hearing Officer orders that the charge shall be a personal obligation of the
property owner, it shall direct the city attorney or the finance division to collect the same on behalf
of the City by the use of all appropriate legal remedies.
B. If the Abatement Hearing Officer orders that the charge shall be charged against the property as a
lien, then in the event the charge confirmed by the Abatement Hearing Officer is not paid within five
(5) days after service of the decision of the Abatement Hearing Officer, the charge shall constitute
a lien on the property. The lien shall continue until the amount of the charge and interest thereon
at the legal rate, computed from the date of confirmation of the charge, is paid or until it is
discharged of record.
C. The lien shall have the priority of a judgement lien.
15.04.560 Recordation of Lien
After notice to the property owner(s) as provided in Section 15.04.570, the city clerk shall record
a notice of lien with the county recorder within sixty (60) days after the confirmation of the charge by the
Abatement Hearing Officer.
15.04.565 Form of Notice of Lien
The notice of lien shall be in substantially the following form:
NOTICE OF LIEN
NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Chapter
15.04, the City of Redding undertook the following actions:
1. On , the Abatement Hearing Officer of the City of Redding
ordered the abatement of a dangerous building on the real property described herein.
2. On , the City of Redding abated the dangerous building.
3. On , the City of Redding confirmed the cost of the
abatement of the dangerous building and charged such cost as a lien against the real
property described herein.
39
4. As of the date of recordation of this Notice of Lien, the cost of the abatement
has not yet been paid, and the City of Redding does hereby claim a lien on the real property
described herein for the net expense of abating the dangerous building on the property in
the amount of ($ ) and this amount shall be a lien upon the
real property described herein until the full amount, with interest at the legal, has been paid
in full and discharged of record.
5. As of the date of recordation of this Notice of Lien, the name and address
of the record owner of the property described below is:
6. The real property upon which the lien is claimed is that certain real property
commonly known as , Assessor Parcel Number
, and more particularly described in Exhibit A, attached hereto and
incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
15.04.570 Service of Notice of Lien
A. The city clerk shall serve the notice of lien on the owner of record of the property on which the
dangerous building was located based on the last equalized assessment roll or the supplemental roll,
whichever is more current.
B. The notice of lien shall be served in the same manner as a summons in a civil action in accordance
with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California
Code of Civil Procedure. If the owner of record cannot be found, the notice may be served by
posting a copy of the notice in a conspicuous place upon the property for a period often (10) days
and by publication in a Redding newspaper of general circulation pursuant to Government Code
Section 6062.
15.04.575 Discharge of Lien
In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the
city clerk shall record a notice of discharge in substantially the following form:
DISCHARGE OF LIEN
NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Chapter
15.04, the City of Redding undertook the following actions:
1. On ., the Abatement Hearing Officer of the City of Redding
ordered the abatement of a dangerous building on the real property described herein.
2. On , the City of Redding abated the dangerous building.
3. On , the City of Redding confirmed the cost of the
abatement of the dangerous building and charged such cost as a lien against the real
property described herein.
40
4. The amount of the lien claimed by the City of Redding was
($ ), with interest at the legal rate.
5. As of the date of recordation of this Discharge of Lien, the name and address
of the record owner of the property described below is:
6. The lien claimed by the City of Redding has been discharged, released or
satisfied and the City of Redding no longer claims a lien on the real property described
herein.
7. The real property upon which the lien was claimed is that certain real
property commonly known as , Assessor Parcel
Number , and more particularly described in Exhibit A, attached hereto and
incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
Chapter 15.05
ABATEMENT - SUBSTANDARD BUILDINGS AND PUBLIC NUISANCES
Sections:
PART I. GENERAL PROVISIONS
15.05.010 Title
15.05.020 Application
15.05.030 Authority and Administration
15.05.040 Violations of Chapter
15.05.050 Abatement Hearing Officer
15.05.060 General Definitions
PART H SUBSTANDARD BUILDINGS
15.05.110 Substandard Buildings Specified
PART IH. PUBLIC NUISANCES
15.05.210 Public Nuisances Specified
PART IV. PROCEDURE
15.05.310 Hearing Notice
15.05.320 Service and Method of Service
15.05.32t0 Notice of Pendency of Action - Notice of Final Disposition of Action
15.05.340 Standards
41
PART V.
15.05.410
15.05.420
15.05.430
15.05.440
15.05.450
HEARING
Hearings - Generally
Conduct of Hearing
Inspection of Property
Form and Contents of Decision - Finality of Decision
Service of the Final Decision and Order
PART VI. ENFORCEMENT OF DECISION AND ORDER
15.05.510 Compliance With Decision and Order
15.05.520 Extension of Time
15.05.530 Interference With Work Prohibited
15.05.540 Performance of Work
PART VII.
15.05.610
15.05.615
15.05.620
15.05.625
15.05.630
15.05.635
15.05.640
15.05.645
15.05.650
15.05.655
15.05.660
15.05.665
15.05.670
15.05.675
RECOVERY OF COSTS OF ABATEMENT
Liability for Costs of Abatement
Sale of Materials
Account of Expenses - Filing of Report - Contents
Service of the Report and Notice of Hearing
Making of Protests or Objections
Nature of Protests to be Heard
Hearing of Protests and Confirmation, Rejection or Modification of Report
Order of Abatement Hearing Officer
Final Decision and Order - Service
Personal Obligation and Lien Against the Property
Recordation of Lien
Form of Notice of Lien
Service of Notice of Lien
Discharge of Lien
PART I. GENERAL PROVISIONS
15.05.010 Title
This chapter shall be known as the "Substandard Building and Nuisance Code," may be cited as
such, and will be referred to herein as "this chapter."
15.05.020 Application
The provisions of this chapter shall apply generally to all property throughout the City of Redding
wherein any of the conditions, hereinafter specified, are found to exist; provided, however, that any
condition which would constitute a violation of this chapter, but which is duly authorized under any city,
state or federal law, shall not be deemed to violate this chapter.
15.05.030 Authority and Administration
The health officer, fire chief, building official and the director of development services and their
respective designees are each authorized to administer and enforce all provisions of this chapter, including
but not limited to the classification of substandard buildings and public nuisances for the purpose of abating
42
those conditions which exist as the result of violation of those ordinances for which their respective
departments have primary enforcement responsibility.
15.05.040 Violations of Chapter
Any responsible person, whether owner, lessee, sublessor, sublessee or occupant of any property
or premises who violates the provisions of this chapter shall be guilty of a misdemeanor for each day such
violation continues. For purposes of this chapter "person" includes individuals, partnerships, corporations,
joint ventures, receivers, limited liability company, trust, estate, cooperative, association or any other entity.
Any person violating the provisions of this section or any other provision of this chapter shall also be liable
for civil penalties of not less than two hundred fifty dollars ($250) or more than one thousand dollars
($1,000) for each day the violation continues. The city attorney may seek civil penalties in any civil action
brought to enforce any provision of this chapter.
15.05.050 Abatement Hearing Officer
Subject to ratification by a majority of the City Council, the City Manager shall appoint the
Abatement Hearing Officer(s) for proceedings under this Chapter. The term of office of the Abatement
Hearing Officer shall be two (2) years. The City Manager may designate more than one Abatement Hearing
Officer, however, no more than one Abatement Hearing Officer shall preside over any particular proceeding
under this Chapter. The City Manager may re-appoint an Abatement Hearing Officer for successive two-
year terms. Compensation for the Abatement Heating Officer(s) may be established by resolution of the City
Council.
15.05.060 General Definitions
For purposes of this chapter, the following words shall have the following specified meanings:
A. Common Area: The entire common interest development as that term is defined in California Civil
Code Section 1351, except the separate interests therein, or any area defined as a "common area"
within a homeowners association's declaration of covenants, conditions and restrictions.
B. Drive-in Enterprise: Any commercial enterprise such as a service station or drive-.in restaurant upon
which enclosed buildings occupy less than fifty percent (50%) of the lot area and where a primary
method of providing goods and services to customers is by means of a drive through service.
C. Homeowners Association: Any California corporation, California nonprofit mutual benefit
corporation or unincorporated association created for the purposes of controlling, managing, or
maintaining the common areas of a common interest development as that term is defined in
California Civil Code Section 1351.
D. Junk: Any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out
or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement,
plastic or other synthetic substance, fiber, glass, metal, paper, plaster, Plaster of Paris, rubber, terra
cora, wool, cotton, cloth, canvas, organic matter or other substance, having no substantial market
value or requiring reconditioning in order to be used for its original purpose.
E. Junk Yard: A "junkyard" as that term is defined in Title 18 or any premises from on or which any
junk is abandoned, bailed, bartered, bought, brought, bundled, deposited, disassembled, disposed
of, exchanged, handled, kept, packed, processed, scattered, shipped, sold, stored or transported,
regardless 'of whether or not such activity is done for profit.
F. Owner: Owner of record of real property, occupant, lessee, sublessee, interested holder in real
property, or homeowners association, as the case may be. For purposes of this chapter, a
homeowners association which exercises management and/or control over a common area shall be
43
deemed an owner of the area over which such control is exercised. Exercising control includes but
is not limited to ownership, maintenance, easements and/or assessing fees on property owners
pursuant to agreements, deeds or recorded documents.
Premises: Any real property and/or improvements thereon, as the case may be, including but not
limited to, an area designated as a common area within a condominium or similar project.
Property: Premises.
Responsible Official: The health officer, fire chief, building official or the director of development
services, or their respective designees, authorized to use the provisions of this chapter for violations
of those ordinances for which their respective departments have primary enforcement authority.
Service Station: Any premises upon which the improvements are designed and built for the primary
purpose of selling to or providing others with fuels for internal combustion engines of motor
vehicles, whether or not providing related automotive maintenance and repair services.
PART H. SUBSTANDARD BUILDINGS
15.05.110 Substandard Buildings Specified
Any building or structure or any portion thereof, including any dwelling unit, guest room, or suite
of rooms, or the premises on which the same is located, in which there exists any of the following conditions
to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants
thereof shall be deemed and hereby is declared to be a substandard building and a public nuisance.
A. In0,dequate Sanitation: Inadequate sanitation shall include but not be limited to the following:
1. Lack of, or improper water closet, lavatory, bath tub or shower in a dwelling unit, lodging
house or congregate residence.
2. Lack of, or improper water closets, lavatories, and bath tubs or showers per number of
guests in a hotel.
3. Lack of, or improper kitchen sink.
4. Lack of hot and cold running water to plumbing fixtures in a dwelling unit, lodging house,
hotel or congregate residence.
5. Lack of adequate heating facilities.
6. Lack of, or improper operation of required ventilating equipment.
7. Lack of minimum amounts of natural light and ventilation required by the Redding
Municipal Code, the California Building Code, or any other code adopted by the City.
8. Room and space dimension less than required by the Redding Municipal Code, the
California Building Code, or any other code adopted by the City of Redding However, a
condition which would require displacement of sound walls or ceilings to meet height,
length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be
considered sufficient existence of dangerous conditions making a building a substandard
building, unless the building was constructed, altered, or converted in violation of such
requirements in effect at the time of construction, alteration or conversion.
9. Lack of required electrical lighting.
10. Dampness of habitable rooms.
11. Infestation of insects, vermin, or rodents as determined by city officials and/or the health
officer.
12. General dilapidation or improper maintenance.
13. Lack of connection to required sewage disposal system.
44
Co
14. Lack of adequate garbage and rubbish storage and removal facilities as determined by city
officials and/or the health officer.
Structural Hazards: Structural hazards shall include but not be limited to the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due
to defective material or deterioration.
5. Members of walls, partitions, or other vertical supports that are °finsufficient size to carry
imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which
sag, split, or buckle due to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are
of insufficient size to carry imposed loads with safety.
8. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with
safety.
Nuisances: Any nuisance as defined in this code, state law or common law.
Hazardous Wiring: Hazardous wiring includes all wiring not installed, maintained or used in
conformance with the Redding Municipal Code, the California Building Code or any other code
adopted by the City. Except as provided in any federal, state, or local law or ordinance now or
hereinafter enacted, hazardous wiring shall not include wiring which conformed with all. applicable
laws in effect at the time of installation and which has been adequately maintained in a good and safe
condition and is being used in a safe manner.
Hazardous Plumbing: Hazardous plumbing includes all plumbing not installed, maintained or used
in conformance with the Redding Municipal Code, the California Building Code or any other code
adopted by the City. Except as provided in any federal, state, or local law or ordinance now or
hereinat~er enacted, hazardous plumbing shall not include plumbing which conformed with all
applicable laws in effect at the time of installation and which has been adequately maintained in a
good and safe condition and which is free of cross connections and siphonage between fixtures.
Hazardous Mechanical Equipment: Hazardous mechanical equipment includes all mechanical
equipment, including vents, not installed, maintained or used in conformance with the Redding
Municipal Code, the California Building Code or any other code adopted by the City. Except as
provided in any federal, state, or local law or ordinance now or hereinat~er enacted, hazardous
mechanical equipment shall not include mechanical equipment which conformed with all applicable
laws in effect at the time of installation and which has been adequately maintained in a good and
safe condition and is being used in a safe manner.
Faulty Weather Protection: Faulty weather protection, which shall include, but not be limited to,
the following:
1. Deteriorated, crumbling or loose plaster.
2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors,
including broken windows or doors.
3. Defective or lack of weather protection for exterior wall coverings, including lack of paint
or weathering due to lack of paint or other approved protective covering.
4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
45
Fire Hazard: Any building or portion thereof, device, apparatus, equipment, combustible waste, or
vegetation which, in the opinion of the building official or fire chief, is in such a condition as to
cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or
explosion arising from any cause, shall be deemed to be a fire hazard.
Faulty Materials of Construction: Faulty materials of construction shall include all materials of
construction except those which are specifically allowed or approved by Redding Municipal Code,
the California Building Code and any other code adopted by the City, and which have been
adequately maintained in good and safe condition.
Hazardous or Unsanitary Premises: Hazardous or unsanitary premises shall include those premises
on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal,
rat harborages, stagnant water, combustible materials and similar materials or conditions which, in
the opinion of city officials or the health officer, constitute fire, health or safety hazards.
Unsafe Building: Any building or portion thereof which is determined to be an unsafe building due
to inadequate maintenance or any other reason, in accordance with the Redding Municipal Code,
the California Building Code, the Uniform Fire Code or any other code adopted by the City.
Inadequate Exits:
1. Inadequate exits includes all buildings or portions thereof not provided with adequate exit
facilities as required by the Redding Municipal Code, the California Building Code, the
Uniform Fire Code, or any other code adopted by the City. Except as provided in any
federal, state, or local law or ordinance now or hereinafter enacted, inadequate exits shall
not include those buildings or portions thereof whose exit facilities conformed with all
applicable laws at the time of their construction and which have been adequately maintained
in a good and safe condition and increased in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.
2. When an unsafe condition exists through lack of, or improper location of exits, additional
exits may be required to be installed.
Inadequate Fire-Protection or Fire-Fighting Equipment: Inadequate fire-protection or fire-fighting
equipment includes all buildings or portions thereof which are not provided with the fire-resistive
construction or fire-extinguishing systems or equipment required by the Redding Municipal Code,
the California Building Code, the Uniform Fire Code, or any other code adopted by the City. Except
as provided in any federal, state, or local law or ordinance now or hereinat~er enacted, inadequate
fire-protection or fire-fighting equipment shall not include those buildings or portions thereof which
conformed with all applicable laws at the time of their construction and whose fire-resistive integrity
and fire-extinguishing systems or equipment have been adequately maintained in good and safe
condition and improved in relation to any increase in occupant load, alteration or addition, or any
change in occupancy.
Improper Occupancy: Improper occupancy includes all buildings or portions thereof occupied for
living, sleeping, cooking, or dining purposes which were not designed or intended to be used for
such occupancies.
Inadequate Structural Resistance: Inadequate structural resistance includes all buildings or portions
thereof not constructed with adequate structural resistance to horizontal forces as required by the
Redding Municipal Code, the California Building Code, or any other code adopted by the City.
Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted,
inadequate structural resistance shall not include any building which conformed with all applicable
laws at the time of its construction and which has been adequately maintained in a good and safe
condition and is being used in a safe manner.
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PART Ill. PUBLIC NUISANCES
15.05.210 Public Nuisances Specified'
It is hereby declared a public nuisance for any person owning, leasing, subleasing, occupying or
having charge or possession of any premises in this City to maintain such premises in such a manner that
any one or more of the conditions or activities described in the following subsections are found to exist.
A. The keeping, storage, depositing, or accumulation on the premises of any personal property which
is within the view of persons on adjacent or nearby real property or the public right of way when
such personal property constitutes visual blight, reduces the aesthetic appearance of the
neighborhood, is offensive to the senses, or is detrimental to nearby property or property values.
Personal property includes, but is not limited to, junk as defined in Section 15.05.060, abandoned,
wrecked or dismantled automobiles, abandoned, wrecked, dismantled, or not seaworthy boats or
vessels, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap
metal, wood, building materials, rubbish, and debris.
Wood and building materials being used or to be used for a project of repair or renovation
for which an active building permit is in existence may be stored for such period of time as is
necessary to expeditiously complete the project. Upon finalization, expiration or cancellation of the
permit, the wood and building materials of any nature for the project must be irmnediately removed.
B. The keeping, storage, depositing, or accumulation on the premises of any deadgrass, weeds, brush,
or rubbish of any kind likely to increase the danger of fire, or any manure, dead animals, decayed
vegetables, offal, or other similar matter which is in the view of persons on adjacent or nearby real
property or the public right of way when such items constitutes visual blight, a danger to the health,
safety or welfare of the public, reduces the aesthetic appearance of the neighborhood, or is offensive
to the senses or is detrimental to nearby property or property values.
C. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar
materials that constitutes visual blight or reduces the aesthetic appearance of the neighborhood or
is offensive to the senses or is detrimental to nearby property or property values.
D. The operation of a junk yard or automobile dismantling yard, except in an industrial zone pursuant
to a use permit.
E. Any dangerous, unsightly, or blighted condition which is detrimental to the health., safety or welfare
of the public.
F. Any condition in violation of Title 7 (Animals) or Chapter 18.71 (Animal Permits) of the Redding
Municipal Code.
G. Any condition in violation of Title 9 (Health and Safety) of the Redding Municipal Code or in
violation of the Uniform Fire Code.
H. Any condition in violation of Title 16 (Buildings and Construction) of the Redding Municipal Code,
or in violation of the California Building Code, the Uniform Housing Code, the California Electrical
Code, or the California Plumbing Code.
I. Any condition in violation of Title 18 (Zoning) of the Redding Municipal Code.
J. Any condition specified in the Redding Municipal Code as a public nuisance.
K. Any condition recognized in law or in equity as constituting a public nuisance.
L. The maintenance of the exterior of any vacant or unoccupied building or the interior of any such
building which is readily visible from any public street or adjacent parcel of property in a state of
unsightliness so as to constitute a blighted condition detrimental to the property values in the
neighborhood or otherwise detrimental to the public welfare.
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The draining or allowing or suffering to be drained any sewage into or onto the ground of any
premises, whether or not occupied or improved, except that sewage may be properly disposed of
in an adequate private sewage disposal system as otherwise permitted by law.
Any unimproved real property or improved, but unoccupied real property which has become a
dumping ground for litter, garbage, junk, debris, discarded vehicles, vehicle parts and/or vehicle
hulks, and which real property has been subject of two (2) or more written requests by the City to
remove litter, garbage, junk, debris, discarded vehicles, vehicle pans and/or vehicle hulks from the
property within a twelve (12) month time period or which has been subject to abatement action on
one or more occasions by the City. Once proceedings have been commenced pursuant to this
chapter to declare property a public nuisance under this subsection, no such property shall be
deemed to be in compliance with this chapter solely because such property thereafter becomes
occupied.
PART IV. PROCEDURE
15.05.310 Hearing Notice
A. Whenever the responsible official has inspected or caused to be inspected any premises and has
found and determined that such premises are in violation of this chapter, he/she shall commence
proceedings to cause abatement of the substandard building and/or public nuisance as provided
herein.
B. The responsible official shall issue a notice directed to the record owner of thc premises. The notice
shall contain:
1. The street address and such other description as is required to identify the premises.
2. A statement that the building official has found the building or structure to be substandard
with a brief and concise description of the conditions found to render the building or
structure substandard under the provisions of this chapter and/or a statement that the
responsible official has found the premises constitutes a public nuisance with a brief and
concise description of the conditions which constitute the public nuisance.
3. A statement advising that, in accordance with Sections 17274 and 24436.5 of the California
Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes,
depreciation, or amortization paid or incurred in the taxable year.
4. An order to the owner to appear before the Abatement Hearing Officer at a stated time, but
in no event less than thirty (30) calendar days after having mailed such notice, to show cause
why the premises should not be declared a substandard building and/or a public nuisance and
the same abated in accordance with this chapter.
5. A statement advising the owner that he/she has the option of voluntarily abating the
substandard building and/or public nuisance prior to the date set for hearing. If the owner
chooses voluntary abatement, such abatement must be completed prior to the hearing date.
The owner must advise the responsible official in writing that he/she will voluntarily abate
the substandard building and/or public nuisance, and the proposed date of completion. The
responsible official will inspect the premises on the completion date, and if the substandard
building and/or public nuisance has been abated, the hearing will be taken off calendar. The
owner may request a continuance of the hearing pursuant to Section 15.05.410.
6. A statement that the decision and order of the Abatement Hearing Officer after the hearing
is a final decision and order and is subject only to judicial review pursuant to California
Code of Civil Procedure Section 1094.5.
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9.
10.
A statement that if, prior to compliance, the substandard building or conditions in the
building or on the property or the public nuisance becomes an immediately dangerous
building as defined in Chapter 15.02 or an immediately dangerous condition as defined in
Chapter 15.03, the City may abate the immediately dangerous building as provided in
Chapter 15.02 or the City may abate the immediately dangerous condition as provided in
Chapter 15.03.
A statement advising the owner whether the City elects to seek its attorneys' fees in the
abatement proceeding pursuant to Section 15.01.070.
A statement that every owner of property within the City is liable to the City for the total
cost of abatement proceedings undertaken pursuant to this chapter on his/her property.
A statement about how and where interested persons may contact the responsible official
or his/her designee about the hearing notice.
15.05.320 Service and Method of Service
A. Service of Hearing Notice: The hearing notice, and any amended or supplemental notice, shall be
served upon the record owner, and posted on the property, and one (1) copy thereof shall be served
on each of the following if known to the responsible official or disclosed from official public
records:
1. The holder of any mortgage or deed of trust or other lien or encumbrance of record;
2. The owner or holder of any lease of record; and
3. Any known tenants actually occupying the property or that portion affected by the hearing
notice.
B. Method of service: Service of the hearing notice may be made upon all persons entitled thereto,
either by personal delivery or by certified mail, return receipt requested. Service may be made upon
the record owner at his/her/their address as it appears on the latest equalized assessment roll of
Shasta County, or the supplemental roll, whichever is more current, or as known to the responsible
official. Service by certified mail in the manner herein provided shall be effective on the date of
mailing. A copy of the heating notice and any amended or supplemental notice shall also be posted
on the premises.
In lieu of personal service or service by certified mail, service of the hearing notice and any
amended or supplemental notice may be made as follows:
1. In the event that service by certified return receipt mail cannot be effected or tlhe recipient
cannot be personally served, service may be made by substituted service. Substituted
service may be accomplished as follows:
a. By leaving a copy during usual business hours in the recipient's business with the
person who is apparently in charge, and by thereafter mailing by first-class mail a
copy to the recipient at the address where the copy was left; or
b. By leaving a copy at the recipient's dwelling or usual place of abode in the presence
of a competent member of the household and thereafter mailing by first-class mail
a copy to the recipient at the address where the copy was left.
2. In the event the recipient refuses to accept certified return receipt mail or cannot be
personally served and has a property manager or rental agency overseeing the premises,
substituted service may be made as set forth in subsection B. 1 above upon the property
manager or rental agency.
3. If the recipient lives out of state and will not accept certified return receipt mail, then service
may be made by first-class mail.
49
4. If the recipient cannot be located or service cannot be effected as set forth in this section,
service may be made by publication in a Redding newspaper of general circulation which is
most likely to give actual notice to the owner. Service shall be deemed sufficient when it
is accomplished pursuant to Government Code Section 6062.
Failure to Serve: The failure of the responsible official to serve any person required herein to be
served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve
any such person fi.om any duty or obligation imposed on him by the provisions of this chapter. The
failure of any person served pursuant to this section to receive such notice and order shall not affect
the validity of any proceedings taken under this section.
Proof of Service: Proof of service of the heating notice shall be certified to at the time of service
by a written declaration under penalty of perjury executed by the person effecting service, declaring
the time, date and manner in which service was made. The declaration, together with any receipt
returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the hearing
notice retained by the responsible official.
15.05.330 Notice of Pendency of Action - Notice of Final Disposition of Action
A. Recordation of Notice of Pendency of Action: Concurrent with service of the notice of hearing, the
responsible official shall record a notice of pendency of action with the county recorder. The
responsible official shall instruct the county recorder to record the notice and index it in the property
index as well as in the name of each owner of record as shown in the last equalized assessment roll
or the supplemental roll, whichever is more current, and/or as known to the responsible official. The
notice shall be in substantially the following form:
NOTICE OF PENDENCY OF ACTION
NOTICE IS HEREBY GIVEN that pursuant to Redding Municipal Code Title 15,
Chapter 15.05, an administrative abatement action was commenced on ,
by the City of Redding against the property described herein and the action is now pending.
The action alleges that the property is in violation of Redding Municipal Code
Chapter 15.05 in that it constitutes a substandard building and/or public nuisance and that
such substandard building and/or public nuisance must be abated.
As of the date of commencement of the abatement action, the name and address of
the record owner of the property described herein is:
The real property against which the abatement action is pending is that certain real
property commonly known as , Assessor Parcel Number
, and more particularly described in Exhibit A, attached hereto and
incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
Recordation of Final Disposition of Action: The responsible official shall record a notice of final
disposition of action within fifteen (15) days following the earlier of the following dates: (i) the date
the responsible official verifies both voluntary compliance in abating the substandard building and/or
50
public nuisance and payment of all accrued costs of abatement to which the City is entitled pursuant
to this title; or (ii) the date of final resolution of the abatement action. The notice of final disposition
of action shall be in substantially the following form:
NOTICE OF FINAL DISPOSITION OF ACTION
NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Title
15, Chapter 15.05:
1. Final disposition has been reached in the administrative abatement action
referenced in that notice of pendency of action recorded on , in Book
, at Page , of the Official Records of Shasta County,
California.
2. The City of Redding does hereby withdraw the above-referenced notice of
pendency of action.
3. The above-referenced notice of pendency of action affected that certain real
property commonly known as , Assessor Parcel Number
, and more particularly described in Exhibit A, attached hereto and
incorporated by reference herein.
Dated:
CITY OF REDDING
Name of Officer
15.05.:540 Standards
Any premises declared to be a substandard building or public nuisance under this chapter shall be
abated by the owner in accordance with the applicable.provisions of the Redding Municipal Code, the
California Building Code, or any other code adopted by the City.
PART V. HEARING
15.05.410 Hearings - Generally
A. Hearing by Abatement Hearing Officer:
At the time fixed in the notice required by Section
15.05.310, the Abatement Hearing Officer shall proceed to hear the testimony of the responsible
official or designee and the testimony of the owner and other competent persons, including members
of the public, respecting the condition of the building, structure, and/or premises.
Record: A record of the entire proceedings shall be made by tape recording, or by any other means
of permanent recording determined to be appropriate by the Abatement Hearing Officer. If the
owner or other competent party seeks judicial review of the decision of the Abatement Hearing
Officer, preparation of a record of the proceeding shall be governed by California Code of Civil
Procedure Section 1094.5, as presently written or hereinaiter amended.
Reporting: The proceedings at the hearing may also be reported by a certified shorthand reporter
if such reporter is provided by the owner or other competent party at his/her own expense.
Continuances: The Abatement Hearing Officer may, upon request of the owner, other competent
party, or the responsible official, grant continuances from time to time for good cause shown, or
upon his/her own motion.
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Reasonable Dispatch: The Abatement Hearing Officer and its representatives shall proceed with
reasonable dispatch to conclude any matter before him/her. Due regard shall be shown for the
convenience and necessity of any parties or their representatives.
15.05.420 Conduct of Hearing
A. Rules: Hearings need not be conducted according to the technical rules relating to evidence and
witnesses.
B. Excl08i0n of Evidence: Irrelevant and unduly repetitious evidence shall be excluded.
C. Rights of Parties: Each party shall have these rights, among others:
1. To testify and call others to testify on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To rebut the evidence against him/her;
4. To represent himself or herself or to be represented by anyone of his/her choice.
5. If a party does not proficiently speak or understand the English language, he/she may
provide an interpreter, at the party's own cost, to translate for the party. An interpreter shall
not have had any involvement in the issues of the case prior to the hearing.
15.05.430 Inspection of Property
A. The Abatement Hearing Officer may, with the owner(s)' consent, or by inspection warrant, inspect
the building or premises involved in the hearing prior to, during, or after the heating, provided that:
1. Notice of such inspection shall be given to the parties before the inspection is made;
2. The parties are given an opportunity to be present during the inspection; and
3. The Abatement Heating Officer shall state for the record during the hearing, or file a written
statement after the hearing for inclusion in the hearing record, upon completion of the
inspection, the material facts observed and the conclusion drawn therefrom; and
4. Each party then shall have a right to rebut or explain the matters so stated by the Abatement
Heating Officer either for the record during the hearing or by filing a written statement after
the hearing for inclusion in the hearing record.
B. Neither inspection warrant nor the owner(s)' consent to inspect the building and surrounding
properties is required if such inspection can be made from areas in which the general public has
access or with permission of other persons authorized to provide access to the property on which
the building is located.
15.05.440 Form and Contents of Decision - Finality of Decision
A. If it is shown by a preponderance of the evidence that the owner has violated provisions of this
chapter, then the Abatement Hearing Officer shall order the owner to commence abatement of the
substandard building and/or public nuisance not later than fifteen (15) calendar days a~er issuance
of the decision. The Abatement Hearing Officer shall further order the owner to complete the
abatement within such time as specified by the Abatement Hearing Officer, or in the alternative,
within the time specified by the responsible official. The Abatement Hearing Officer shall also order
that if the owner f~s, refuses or neglects to abate the substandard building and/or public nuisance
within the time set forth in its order that the City may abate the substandard building and/or public
nuisance in such a manner as may be ordered by the responsible official pursuant to this chapter or
institute an action to compel compliance with its order, and the expense thereof made a lien on the
property.
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The decision of the Abatement Hearing Officer is a final decision, subject only to judicial review
pursuant to Califomia Code of Civil Procedure Section 1094.5, and shall be in the form of an order
and shall contain findings of fact, a determination of the issues presented, and the requirements with
which the owner shall comply. The order shall also inform the owner that the decision of the
Abatement Hearing Officer is .a final decision and that the time for judicial review is governed by
California Code of Civil Procedure Section 1094.6.
The effective date of the decision and order and the period or periods within which the owner must
comply with the requirements of the decision shall be as stated in the decision.
15.05.450 Service of the Final Decision and Order
A copy of the final decision and order of the Abatement Hearing Officer shall be served and posted
in accordance with Section 15.05.320.
PART VI. ENFORCEMENT OF DECISION AND ORDER
15.05.510 Compliance With Decision and Order
A. General: After any decision and order of the Abatement Hearing Officer made pursuant to this
chapter is final, no person to whom any such order is directed shall fail, neglect, or refuse to obey
any such order or decision. Any such person who fails to comply with any such order or decision
is guilty of a misdemeanor.
B. Failure to Obey Order: If, after the decision and order of the Abatement Hearing Officer has
become final, the person(s) to whom such order is directed' shall fail, neglect or refuse to obey such
order, the responsible official may (i) cause such person to be prosecuted under subsection A of this
section; (ii) institute any appropriate action to abate such substandard building and/or public
nuisance; or (iii) abate the substandard building and/or public nuisance in accordance with the
provisions of this chapter or as provided in the order of the Abatement Hearing Officer. In any
action brought by the City to enforce the provisions of this chapter, the prevailing party shall be
entitled to recover its reasonable attorney's fees and costs whether or not the matter proceeds to
judgment.
C. Failure to Commence or Complete Work: Whenever the required abatement is not commenced or
completed within the time limits prescribed in the final decision and order of the Abatement Hearing
Officer, the following shall apply:
1. If the substandard building and/or public nuisance is in such condition as to make the
premises immediately dangerous to the life, limb, property or safety of the public or its
occupants, or if the building official determines that abatement of the substandard building
or public nuisance cannot be accomplished without making it immediately dangerous to life,
limb, property or safety of the public or its occupants, the building official shall order the
building, structure or premises to be vacated pursuant to a notice to vacate as provided in
this subsection C. 1.
a. Every notice to vacate shall, in addition to being served as provided in Section
15.05.320, be posted at or upon each exit of the building or upon any individual unit
to be vacated, and shall be in substantially the following form:
53
DANGEROUS BUILDING
DO NOT ENTER
UNSAFE TO OCCUPY
You are hereby ordered and required to vacate this building/premises
on or before
It is a misdemeanor pursuant to Redding Municipal Code Sections
15.05.040 and 15.05.510 to occupy this building/premises on or
after or to remove or deface this notice.
Building Official
City of Redding
By.
b. Whenever a notice to vacate is posted, the building official shall specify in the notice
and order to vacate the conditions which necessitate an immediate notice to vacate.
c. No person shall remain in or enter any building, structure or premises which has
been so posted, except that entry may be made to abate the substandard building
and/or public nuisance under permit without the consent of the building official. No
person shall remove or deface any such notice after it is posted until the abatement
required by the Abatement Hearing Officer has been completed, and a certificate of
occupancy issued pursuant to the provisions of the Redding Municipal Code and the
California Building Code, if necessary. Any person violating this subsection shall
be guilty of a misdemeanor.
d The building official may permit occupancy of the building or individual units if the
owner corrects those problems which pose an immediate danger to life, limb,
property and safety of the public or occupants.
e. Whenever a notice to vacate has been posted and served in accordance with this
subsection, the building official may order the immediate disconnection of any utility
services determined to be hazardous by the building official. If the sewer service is
ordered disconnected pursuant to this section, city water service to such building
shall also be disconnected in order to prevent the accumulation of sewage on such
premises. It shall be unlawful 'and a misdemeanor for any person to fail to
disconnect utility services when ordered to do so pursuant to the provisions of this
subsection.
f. Prior to issuing a notice to vacate, the building official shall obtain approval of the
city attorney or his/her representative.
To the extent allowed by law, the responsible official may, in addition to any other remedy
herein provided, cause the substandard building and/or public nuisance to be abated as set
forth in the decision and order of the Abatement Hearing Officer. Any such abatement shall
be accomplished and the cost thereof paid and recovered in the manner hereinafter provided
in this chapter.
No action shall be taken by the responsible official to abate a substandard building and/or
public nuisance pursuant to this chapter without prior approval of the city attorney's office.
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Enforcement of the decision and order of the Abatement Heating Officer made pursuant to this
chapter shall be stayed during the pendency of a properly and timely filed appeal therefrom to the
Superior Court.
15.05.520 Extension of Time
Upon receipt of(i) an application for an extension of time from the person required to conform to
the final decision and order (ii) an agreement by such person that he/she will comply with the order if
allowed additional time, and (iii) an application for any required permits accompanied by the required permit
fees, the responsible official may, in his/her discretion, grant an extension of time, not to exceed an
additional one hundred twenty (120) days, within which to complete the required abatement, if the
responsible official determines that such an extension of time will not create or perpetuate a situation
imminently dangerous to life or property. The responsible official's authority to extend time is limited to
the physical abatement of the substandard building and/or public nuisance and will not in any way affect or
extend the time to appeal the final decision and order or challenge any order of the Abatement Hearing
Officer.
15.05.530 Interference With Work Prohibited
It shall be unlawful and a misdemeanor for any person to obstruct, impede or interfere with any
officer, employee, contractor or authorized representative of the City, or with any person who owns or
holds any estate or interest in any substandard building and/or premises on which a public nuisance exists
which has been ordered abated and/or vacated under the provisions of this chapter whenever such officer,
employee, contractor or authorized representative of the City, person having an interest or estate in such
building premises, or purchaser is engaged in the work of abating and/or vacating any such building or
premises, pursuant to the provisions of this chapter, or is performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to this chapter.
15.05.540 Performance of Work
A. Procedure: When any abatement work is to be done pursuant to Section 15.05.510 by the City or
its agents or contractors, the responsible official shall provide the final order or decision to the city
engineer and the work shall be accomplished by city personnel or by private contract under the
direction of such engineer and the responsible official. Plans and specifications therefore may be
prepared by such engineer, or he/she may employ such architectural and engineering assistance on
a contract basis as he/she may deem reasonably necessary.
B. Costs: The cost of such abatement work shall be paid from the Abatement Repair and iDemolition
Fund, and may be made a lien against the property involved and may be made a personal obligation
of the property owner, as the Abatement Hearing Officer shall determine is appropriate pursuant
to this chapter.
PART VII. RECOVERY OF COST OF ABATEMENT
15.05.610 Liability for Costs of Abatement
A. Every owner of property within the City is liable to the City for the total cost of abatement
proceedings undertaken pursuant to this chapter on his or her property accrued to the date of final
resolution of the proceedings, including the recordation of liens pursuant to this chapter if any. Such
costs shall include without limitation, costs of inspection, including inspections which form the basis
of the building official's notice and order; expenses associated with issuing and serving the building
55
official's notice and order and the final decision and order, if any; expenses associated with the
appeal of the building official's notice and order, if any; attorneys' fees pursuant to Section
15.01.070, if any; the cost of repair, securement, demolition or any other abatement of the
dangerous building or structure; costs of title reports, placing or removing liens and closing the file,
and any other related administrative cosls.
The director of development services or l~is/her designee, in his/her sole discretion, may waive any
portion of or all of the costs of abatement proceedings in the event the owner of the property
voluntarily complies with the building official's notice and order.
All costs not otherwise paid by the owner or waived by the director of development services shall
be collected pursuant to the procedures set forth in this part of this chapter.
15.05.615 Sale of Materials
A. In the event the City abates the substandard building and/or public nuisance and the abatement
consists in part of removal of materials or demolition of a building or structure, the City may, at the
City's sole discretion, sell the removed materials or materials contained in the demolished building
or structure at public sale to the highest responsible bidder. The City shall notice the sale by
publication at least five (5) days prior to the date of the sale. The notice shall be published twice in
a newspaper of general circulation in the City. The notice by publication may occur either before
or at, er the removal of the materials or demolition of the building or structure.
B. Any moneys received from the sale of such removed materials or materials contained in the
demolished building or structure shall be deducted fi'om the expense of abatement.
15.05.620 Account of Expenses - Filing of Report - Contents
A. The responsible official shall keep an itemized account of all expenses incurred by the City in the
abatement of the substandard building and/or public nuisance, including without limitation, those
costs and expenses set forth in Section 15.05.610.
B. The responsible official shall keep an itemized account of all revenue received by the City for any
sale of materials pursuant to Section 15.05.615.
C. Upon the completion of the work, the responsible official shall prepare a report, verified by the city
official in charge of doing the work, specifying the following information:
1. The work done in abating the substandard building and/or public nuisance, if any.
2. The itemized and total cost of the abatement proceedings undertaken pursuant to this
chapter, including without limitation those costs and expenses set forth in Section
15.05.610.
3. The itemized and total revenue received from any sale of materials pursuant to Section
15.05.615.
4. The net expense of the abatement (gross expenses less the revenue from any sale of
materials pursuant to Section 15.05.615).
5. A description of the real property upon which the building or structure is or was located.
6. The names and addresses of the persons entitled to notice pursuant to Section 15.05.320.
7. Notice of the time, date and place when and where the Abatement Hearing Officer will hear
and pass upon the report, together with any objections or protests Which may be filed by any
person interested in or affected by the proposed charge, and shall confirm, reject or modify
the report and determine whether the charge shall be made a personal obligation of the
property owner(s) and charged as a lien, against the property involved.
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A statement that the decision and order of the Abatement Heating Officer after the hearing
is a final decision and order and is subject only to judicial review pursuant to California
Code of. Civil Procedure Section 1094.5.
15.05.625 Service of the Report and Notice of Hearing
A. The responsible official's report and notice of.the heating shall be posted on the property and served
by certified return receipt mail and first class mail, postage prepaid, addressed to the persons entitled
to notice pursuant to Section 15.05.320 as their names and addresses appear on the last equalized
assessment roll of the county or supplemental roll whichever is more current, if such so appears, or
as known to the responsible official.
B. Service of the report and notice shall be made at least ten (10) days prior to the date set for heating.
C. All costs associated with service of the report and notice shall be added to total expenses to be
reviewed by the Abatement Hearing Officer.
15.05.630 Making of Protests or Objections
Any person interested in or affected by the proposed charge may file written protests or objections
with the responsible official at any time prior to the time set for the hearing on the report of the responsible
official or may make an oral protest at the heating. Each written protest or objection must contain a
description of the property in which the signer thereof, is interested and the grounds of such protest or
objection. The responsible official shall endorse on every such protest or objection the date it was received
by him/her. The responsible official shall present such protests or objections to the Abatement Hearing
Officer at the time set for the heating, and no other written protests or objections shall be considered.
15.05.635 Nature of Protests to be Heard
A. Except as provided in subsection B of this section, the protests heard by the Abatement Hearing
Officer pursuant to Section 15.05.640 shall relate only to the charge to be made f,or abatement, and
no protest concerning the action of the responsible official or the Abatement Heating Officer in
ordering the abatement of the substandard building and/or public nuisance shall be heard at this time.
B. Where the charge to be made is the result of. summary abatement pursuant to Chapters 15.02 or
15.03, the Abatement Hearing Officer may determine whether or not the action to summarily abate
was proper, and may modify the charge or not as he or she may deem proper.
15.05.640 Hearing of Protests and Confirmation, Rejection or Modification of Report
Upon the day and hour fixed for the hearing the Abatement Hearing Officer shall hear and pass upon
the report of'the responsible official together with any such objections or protests and shall confirm, reject
or modify the report. The Abatement Hearing Officer may make such revision, correction or modification
of the report or the charge as it may deem just; and in the event the Abatement Hearing Officer is satisfied
with the correctness of'the charge, the responsible official's report (as submitted or as revised, corrected
or modified) together with the charge, shall be confirmed or rejected.
15.05.645 Order of Abatement Hearing Officer
The Abatement Heating Officer may order that the charge be made a personal obligation of each
owner of the property and charged against the property involved as a lien.
15.05.650 Final Decision and Order - Service
A. The decision and order of the Abatement Heating Officer is a final decision subject only to judicial
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review pursuant to California Code of Civil Procedure Section 1094.6.
B. A copy of the final decision and order of the Abatement Hearing Officer shall be served in
accordance with Section 15.05.320.
15.05.655 Personal Obligation and Lien Against the Property
A. If the Abatement Heating Otticer orders that a charge shall be a personal obligation of the property
owner, it shall direct the city attorney or the finance division to collect the same on behalf of the
City by the use of all appropriate legal remedies.
B. If the Abatement Hearing Officer orders that the charge shall be charged against the property as a
lien, then in the event the charge confirmed by the Abatement Hearing Officer is not paid within five
(5) days after service of the decision of the Abatement Heating Officer, the charge shall constitute
a lien on the property. The lien shah continue until the amount of the charge and interest thereon
at the legal rate, computed from the date of confirmation of the charge, is paid or until it is
discharged of record.
C. The lien shall have the priority of a judgement lien.
15.05.660 Recordation of Lien
After notice to the property owner(s) as provided in Section 15.05.670, the city clerk shall record
a notice of lien with the county recorder within sixty (60) days after the confirmation of the charge by the
Abatement Hearing Officer.
15.05.665 Form of Notice of Lien
The notice of lien shall be in substantially the following form:
NOTICE OF LIEN
NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Chapter
15.05, the City of Redding undertook the following actions:
1. On , the Abatement Hearing Officer of the City .of Redding
ordered the abatement of a substandard building and/or public nuisance on the real property
described herein.
2. On , the City of Redding abated the substandard
building and/or public nuisance.
3. On , the City of Redding confirmed the cost of the
abatement of the substandard building and/or public nuisance and charged such cost as a lien
against the real property described herein.
4. As of the date of recordation of this Notice of Lien, the cost of the abatement
has not yet been paid, and the City of Redding does hereby claim a lien on the real property
described herein for the net expense of abating the substandard building and/or public
nuisance on the property in the amount of ($ ) and this
amount shall be a lien upon the real property described herein until the full amount, with
interest at the legal rate, has been paid in full and discharged of record.
5. As of the date of recordation of this Notice of Lien, the name and address
of the record owner of the property described below is:
6. The real property upon which the lien is claimed is that certain real property
commonly known as , Assessor Parcel Number
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, and more particularly described in Exhibit A, attached hereto and incorporated by
reference herein.
CITY OF REDDING
Dated:
Name of Officer
15.05.670 Service of Notice of Lien
A. The city clerk shall serve the notice of lien on the owner of record of the property on which the
substandard building and/or public nuisance was located based on the last equalized assessment roll
or the supplemental roll, whichever is more current.
B. The notice of lien shall be served in the same manner as a summons in a civil action in accordance
with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California
Code of Civil Procedure. If the owner of record cannot be found, the notice may be served by
posting a copy of the notice in a conspicuous place upon the property for a period often (10) days
and by publication in a Redding newspaper of general circulation pursuant to Government Code
Section 6062.
15.05.675 Discharge of Lien
In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the
city clerk shall record a notice of discharge in substantially the following form:
DISCHARGE OF LIEN
NOTICE IS HEREBY GIVEN THAT pursuant to Redding Municipal Code Chapter
15.05, the City of Redding undertook the following actions:
1. On , the Abatement Hearing Officer of the City of Redding
ordered the abatement ora substandard building and/or public nuisance on the real property
described herein.
2. On , the City of Redding abated the substandard
building and/or public nuisance.
3. On , the City of Redding confirmed the cost of the
abatement of the substandard building and/or public nuisance and charged such cost as a lien
against the real property described herein.
4. The amount of the lien claimed by the City of Redding was
($ ), with interest at the legal rate.
5. As of the date of recordation of this-Discharge of Lien, the name and address
of the record owner of the property described below is:
6. The lien claimed by the City of Redding has been discharged, released or
satisfied and the City of Redding no longer claims a lien on the real property described
herein.
7. The real property upon which the lien was claimed is that certain real
property commonly known as , Assessor Parcel
59
Number , and more particularly described in Exhibit A, attached hereto and
incorporated by reference herein.
CITY OF REDDING
Dated:
Name of Officer
SECTION VI.
The Redding Municipal Code is further amended as follows:
Miscellaneous/Clean-Up Revisions Relating to Code
Enforcement:
Add Section 1.04. 050 to Chapter 1.04 (General Provisions) of Title 1 of the Redding Municipal
Code:
1.04.050 Recovery of Collection Costs.
Any person who fails to pay any fee, fine, charge, municipal tax or other amount owed to the city
shall be liable in any action brought by the city for all costs incurred in securing payment of the delinquent
amount, including but not limited to administrative costs and attorneys' fees. Such collection costs shall be
in addition to any penalties, interest, and late charges imposed pursuant to state law or to an ordinance or
resolution of the city council.
Amend section 1.12. 010 of Chapter 1.12 (General Penalty) of Title 1 of the Redding Municipal
Code to read as follows:
1.12.010 Violations
It shall be unlawful for any person to violate any provision or to fail to comply with any requirement
of this code. Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of this code is guilty of a misdemeanor, unless the offense is specifically classified in this code
or by state law as an infi-action, in which case the person shall be guilty of an infraction. Each day that any
condition caused or permitted to exist in violation of this code continues shall constitute a new and separate
violation and offense.
Amend section 2. 04. 260 (Appeal to Council by Aggrieved Persons) of Chapter 2.04 (City Council)
in Title 2 (Administration and Personnel) of the Redding Municipal Code as follows:
2.04.260 Appeal to Council by Aggrieved Persons
Except as otherwise specifically provided in this code, any person aggrieved by the action of any
employee of the City in the conduct of his work or in the enforcement of the provision of this code shall
60
have the right of appeal to the City Council. Unless otherwise provided in this section, in availing himself
of the right of appeal, the aggrieved person shall observe the following procedure:
A. A written complaint shall be filed with the city clerk not later than the date of the second regular
council meeting following the occurrence of the action causing the complaint.
B. If the complaint is received by the city clerk not later than seven (7) days prior to the next regularly
scheduled council meeting, the city clerk shall schedule a hearing of the complaint at that meeting.
If the complaint is received by the city clerk on a date less than seven (7) days prior to the next
regular council meeting, the city clerk shall schedule a hearing on the complaint at the next
subsequent regular council meeting.
C. The council shall reject the complaint or take such other action as it may deem necessary to effect
a just and equitable disposition of it.
D. The decision of the council as to all matters in connection with the appeal shall be final.
Chapters 9. 32 and 9.36 of the Municipal Code are hereby repealed, however the repeal of these
sections shall not affect any proceedings for abatement initiated pursuant to Chapter 9. 32 or
Chapter 9. 36 prior to the repeal.
5. Add Section Z 04. 095 to Chapter Z 04 (General Provisions) of Title 7 (Animals) as follows:
7.04.095 Slaughterhouses Prohibited.
It is declared to be a nuisance and it is unlawful for any person to establish or maintain any
slaughterhouse within the City limits.
Amend Section Z 04.100 of Chapter Z04 (General Provisions) of Title 7 (Animals) to read as
follows:
7.04.100 Slaughtering or Butchering of Animals.
It is declared to be a nuisance and it is unlawful for any person to slaughter or butcher livestock
animals except for personal consumption except as specifically authorized pursuant to a valid animal permit
issued pursuant to Chapter 18.71. This section shall not prohibit the butchering of legally acquired game
animals for personal consumption by the resident of the property on which the animal is butchered, provided
that such butchering is done within an enclosure that completely blocks it from view of adjoining property
and public rights of way. All byproducts of animal slaughter or butcher shall be sealed in an air-tight
container in such a manner as to eliminate odor and attraction of insects, rodents and other animals or
vermin and shall be promptly disposed of as permitted by law.
7. Amend Section 9. 20.190 of Chapter 9. 20 (Fire Prevention) to read as follows:
9.20.190 Penalties
A. In addition to any other remedy the city may have, a violation of the Uniform Fire Code as adopted
pursuant to Section 9.20.010, the provisions of Chapters 9.20 and 9.28, subsection E of Section
16.08.020, the provisions in Chapters 9.10, 9.11, 15.04 and 15.05 which concern issues of fire
61
prevention or fire control, the provisions of the California Building Code which concern issues of
fire prevention or fire control or life safety, or any state statute addressing fire prevention or fire
control is punishable as follows:
1. A violation is an infraction punishable by a fine not to exceed one hundred dollars;
2. A second violation of the same section within one year is an infraction punishable by a fine
not to exceed two hundred dollars; and
3. A third violation of the same section within five years of a first violation is a misdemeanor.
In addition to any other remedy the city may have, a violation of Section 9.20.180 is punishable as
follows:
1. A violation is an infraction punishable by a fine of not less than one hundred dollars nor
more than five hundred dollars;
2. A second violation within five years of a first violation is an infraction punishable by a fine
of not less than two hundred fifty dollars nor more than five hundred dollars;
3. A third violation within five years of a first violation is a misdemeanor punishable by a fine
of not less than five hundred dollars.
8. Amend Section 9.20.200 of Chapter 9.20 (Fire Prevention) to read as follows:
9.20.200 Enforcement - Citation Authority
A. The fire chief, fire marshal, assistant fire marshal, battalion chiefs and fire inspectors ("designated
officials") are authorized to issue field citations to any person whenever a designated official has
reasonable cause to believe that the person has committed a violation of the Uniform Fire Code as
adopted by Section 9.20.010, the provisions of Chapters 9.20 and 9.28, subsection E of Section
16.08.020, the provisions in Chapters 9.10, 9.11, 15.04 and 15.05 which concern issues of fire
prevention or fire control, the provisions of the California Building Code which concern issues of
fire prevention or fire control or life safety, or any state statute addressing fire prevention or fire
control in his or her presence, and are further authorized to exercise the authority provided by Penal
Code Sections 19.7 and 836.5.
B. Nothing in this section or Section 9.20.190 shall diminish or otherwise modi:~ the authority of
persons who are empowered to enforce the Redding Municipal Code or state law because of their
status as peace officers or because of other authorizing status.
9. Amend Section 9.28.070 of Chapter 9.28 (Garbage and Rubbish) to read as fi>llows:
9.28.070 Garbage - Accumulation Prohibited
A. It is unlawful for any person to deposit, keep or accumulate, or cause, permit or suffer to be
deposited, kept or accumulated, for more than seven days, any garbage, rubbish, castaway furniture,
appliances, automobile parts, packing material, vehicle body parts, cardboard, or any other matter
that constitutes a public nuisance pursuant to this code or any other law in or upon any lot or parcel
of land or any public or private drive, alley or street, house, ,store, restaurant, business, or any place
in the city.
B. A person violating the provisions of this section shall be charged with a misdemeanor as provided
in Section 9.28.300.
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10. ,4mend Section 9.28.100 of Chapter 9.28 (Garbage and Rubbish) to read as follows:
9.28.100 Depositing in Unauthorized Place
A. It is unlawfial for any person in the city to throw or deposit any garbage, rubbish, or other matter
that constitutes a public nuisance pursuant to this code or any other law or to cause the same to be
thrown or deposited upon any street, alley, gutter, sidewalk, curb, park, median strip, public
planters, or other public places, or deposit or throw upon any vacant lot, private lot, or any other
public or private parcel of land regardless of where it is deposited on such land, or to store or keep
the same otherwise than in cans or receptacles as required by Section 9.25.150.
B. Any person violating the provisions of this section shall be charged with a misdemeanor as provided
in Section 9.28.300.
11.
,4mend Section 18. 37 of Chapter 18. 37 (Special Agricultural (,4) Combining Distric0 to read as
follows:
18.37.020 Generally
The regulations set forth in this chapter shall apply in any R-1 district, where the district is combined
with the A district, and shall be subject to the provisions of Title 7, Chapter 9.10, Chapter 9.11, Title 15,
and Chapter 18.08; provided, however, that if any of the regulations specified in this chapter differ from any
of the regulations specified in this title, Chapter 9.10, Chapter 9.11, Title 7, or Title 15 for any district with
which is combined an A district, then in such case the provisions of this chapter shall govern.
SECTION VII:
The passage of this ordinance is not a "project" according to
the definition in the California Environmental Quality Act, and
therefore is not subject to the provisions requiring
environmental review.
SECTION VIII:
This ordinance shall take effect 30 days after the date of its
adoption, and the City Clerk shall certify to the adoption
thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance No. 2204 was introduced and read
by the City Council of the City of Redding at a regular meeting on the 16th day of
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Ordinance No. 2204, continued:
December, 1997; and was duly read and adopted at a regular meeting on the 6th day of January, 1998,
by the following vote:
AYES: COUNCIL MEMBERS: Anderson,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Kehoe, McGeorge and Murray
/S/ Ken Murray
KEN MURRAY, Mayor
A~es~
/s/ Connie Strohmayer
Connie Strohmayer, City Clerk
Form Approved:
/s/ W. Leonard Wingate
W. Leonard Wingate, City Attorney
64