The Administrator may issue an order to vacate and may issue an order condemning a dwelling, a dwelling unit, or a structure, when he or she has declared it to be unsafe or unfit for occupancy pursuant to Section 1462.20. Where a dwelling, dwelling unit, or structure is ordered vacated or condemned, the following applies:
(a) Order to Vacate. The Administrator will issue the order to vacate in writing which contains at least the following:
(1) A bold, capitalized, caption prominently displayed at the top of the page in at least a 15 point font stating "Order To Vacate";
(2) The address of the dwelling, dwelling unit, or structure that must be vacated;
(3) The reason it must be vacated;
(4) The date and/or time by which it must be vacated in accordance with subsection (c);
(5) The right to appeal the order to vacate in accordance with this chapter;
(6) Be signed and dated by the Administrator on the date of issuance.
(b) Notice of Order to Vacate. The Administrator will give notice of the order to vacate as follows:
(1) In the case of a condition such that there is an imminent danger to life, limb, property or safety of the occupants or the general public, the notice to vacate may be given orally and shall be effective as if given in writing. After the notice is given orally, the notice shall be reduced to writing at the soonest reasonable opportunity.
(2) In all other cases, the notice shall be in writing, as follows:
A. By personal service to the owner, the owner’s legal agent, if any, and the tenant(s) of a rental dwelling or rental unit;
B. By posting the notice on the entrance door of the dwelling, or if it’s a rental dwelling with more than one rental unit, then on the entrance door of each rental unit to be vacated;
C. By sending the notice by certified mail-return receipt requested, to the owner at the address for the owner in the City Assessors records, or, if a rental dwelling to the owner and the owner’s legal agent at the most recent address for the owner and the owner’s legal agent in the City Clerk’s records, or if none to the address for the record owner in the City Assessors records; and,
D. If a rental dwelling or rental unit, by sending the notice by certified mail-return receipt requested, to the address of the rental dwelling or rental unit subject to the order to vacate, addressed to the renter by name, if known, or if the renter’s name is not known, then sent by first class mail addressed to "tenant".
(3) If it is documented that service, after reasonable efforts, has not been able to be accomplished as provided pursuant to the above paragraphs of this section, service may be made by publication.
(4) If service has been accomplished pursuant to the above paragraphs of this section, or it is established that the person had actual or constructive knowledge of the order to vacate, claims of non-receipt of any required notice shall not affect the validity of any proceedings taken under this chapter.
(c) When to Vacate. An order to vacate shall state a date and/or time to vacate in accordance with the following:
(1) In the case of an emergency condition such that there is an imminent danger to life, limb, property or safety of an occupant or the general public, the property can be ordered to be vacated immediately.
(2) Where the property is already vacant, the order to vacate may be given immediate effect.
(3) Where the property is being ordered vacated for failure to have a valid rental permit and for no other reason, the property is to be ordered vacated at the soonest date using the most expeditious means available to the owner under the law, whether eviction, or otherwise, but in any case no later than 60 days unless the owner or owner’s legal agent provides documentation that any delay beyond 60 days is not attributable to the actions or inactions of the owner or owner’s legal agent.
(4) In all other cases, the property is to be ordered vacated within 30 days.
(5) The order to vacate shall remain in effect unless and until it shall be set aside or is modified by the Administrator, the Board of Appeals, or judicial action.
(d) Condemnation. When the Administrator condemns a dwelling, dwelling unit, or structure, the following applies:
(1) Placard. There shall be posted, on the dwelling, dwelling unit, or structure, in a conspicuous place, a placard containing at least:
A. The word "Condemned" in bold letters and at least 15-point font;
B. The address of the dwelling, dwelling unit, or structure;
C. A statement advising that the dwelling, dwelling unit, or structure, is unsafe or unfit and its use or occupancy has been prohibited;
D. The penalties provided for occupying the dwelling, dwelling unit, or structure, or removing the placard; and
E. Signed and dated by the Administrator.
(2) Effective date of condemnation.
A. Where the dwelling, dwelling unit, or other structure is occupied, the condemnation is effective on the effective date of an order to vacate under this chapter or the date the placard is posted, whichever is later.
B. If there is no order to vacate issued because the dwelling, dwelling unit, or structure is already vacant, then the condemnation is effective upon posting of the condemnation placard.
C. The condemnation shall remain in effect unless and until it shall be set aside or is modified by the Administrator, the Board of Appeals, or judicial action.
(3) Removal of placard. The Administrator shall remove the condemnation placard whenever the defect or defects upon which the condemnation was based, have been eliminated.
(Ord. 19-85. Passed 8-20-85; Ord. 15-07. Passed 10-16-07; Ord. 05-2011. Passed 4-19-11; Ord. 08-2016. Passed 6-21-16.)