Notice and orders are primarily used for structural or technical code violations such as illegal construction, conversions, alterations, illegal plumbing, mechanical or electrical installations, dangerous buildings, sub-standard housing or similar. When issued, the violation must be remedied in 30 calendar days, unless there is an immediate danger risk. If there is an eminent threat of danger the violation must be remedied immediately.
(A) Grounds for issuance. A notice and order may be issued under any of the following circumstances:
(1) When a notice of violation has been served, and the specified time has passed without adequate correction and abatement of the violation;
(2) When a stop work order has been issued but has not been complied with;
(3) When the city has performed a summary abatement pursuant to this chapter;
(4) When the same type or character of violation has been committed by the same person, or on the same premises, or a notice of violation, an administrative citation, or a notice and order has been served on the same person, or on the same premises, within the past 12 months.
(B) Contents of notice and order. A notice and order shall contain the following:
(1) The name and address of the person, corporation, or entity in violation, and the street address of the property where the violation is present;
(2) A statement specifying the condition(s) which constitute a violation and nuisance;
(3) A statement explaining which specific code section(s) have been violated;
(4) A statement informing the recipient of the number of days from the date of the notice and order the recipient has to voluntarily abate the violation and nuisance;
(5) A statement informing the recipient of his or her right to appeal the determination to Planning Commission by filing with the Community Development Department within ten calendar days from the date of the notice and order, and on a form available from the Community Development Department, a written statement requesting a hearing and providing a factual and specific explanation of: why the premises should not be declared to be a public nuisance and abated; and why the costs of such abatement should not become a special assessment lien against the premises;
(6) A statement that if the person, corporation or entity fails to abate the violation and nuisance or fails to file on a timely basis a request for an appeal hearing, the notice and order shall be final and not subject to judicial review, and all persons served with such notice shall be deemed to have consented to the abatement of the nuisance and that, at the election of the city, the city will abate the nuisance and the costs of such abatement may be charged against the premises and may be recorded as a special assessment lien against the premises; and
(C) Service of notice and order.
(1) Persons entitled to service. The notice and order shall be served upon the owner of the premises, any occupants of the premises, and any other person, corporation, or entity in violation. If the city proposes to impose a special assessment lien on the property, the city official issuing the notice and order shall also serve one copy on each of the following if known or disclosed from official public records: the holder of any mortgage, deed of trust, or other encumbrance of record; and the owner or holder of any lease of record. The failure of the city official issuing the order to serve any person required to be served shall not invalidate any proceedings under this chapter or relieve any person who was duly served from any duty or obligation imposed on him by the provisions of this section.
(2) Method of service. Unless otherwise provided in this section, service of a notice and order shall be made by personal service or by First Class U.S. mail, postage prepaid with confirmation of delivery by the U.S. Postal Service. Service on any property owner in violation is deemed complete when it is served or delivered at the address listed by the property owner on the latest equalized assessment roll of Stanislaus County, or as known to the city official issuing the order. If personal service or service by mail with confirmation of delivery is not reasonably feasible, service of the notice and order may be made by posting the notice on the subject premises and sending a copy by regular United States mail service. Service posting in the manner herein provided shall be effective on the date of posting. As an alternative, substituted service of the notice and order may be made as follows:
(a) 1. By leaving a copy during usual business hours at the recipient's business with the person who is apparently in charge, and then mailing a copy by first class mail to the recipient at the address where the copy was left; or
2. 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 then mailing a copy by first class mail to the recipient at the address where the copy was left.
(b) If the party entitled to service has a property manager or rental agency overseeing the premises, substituted service may be made as set forth above upon the property manager or rental agency.
(c) Substituted service may be made by posting the notice and order on the premises and mailing a copy of the notice and order to the person, corporation, or entity in violation at the address of the property on which the violation has occurred or is occurring.
(d) If the person, corporation, or entity in violation or other person entitled to service cannot be located or service cannot be made as set forth in this section, service may be made by publication in a newspaper of general circulation in the City of Riverbank. Service shall be deemed sufficient when it is accomplished pursuant to Cal. Gov't Code § 6063.
(D) Preparation of a record of the proceeding shall be governed by California Code of Civil Procedure § 1094.6, as presently written or hereinafter amended.
(Ord. 2008-016, passed 1-12-09)