A. Referral to Board. The building inspections division, fire department or department of environmental management shall refer to the board any building containing any untenantable residential unit within ten (10) days after the expiration of the period allowed for compliance with an order or citation issued by the citing division or department where there has not been such compliance, or ninety (90) days after the date such order or citation was issued, whichever first occurs.
The referral to the board shall contain the street address of the property, a description of the uncorrected deficiencies, the names and addresses of the landlord, any interested parties, any tenants as shown on the records of the citing department, the apartment number or address of each untenantable residential unit, and any other information as required by such regulations as the board may promulgate. The citing division or department shall specify that the noncompliance with the citation or order appears to render the building or a portion thereof untenantable. In any appeal, a referral shall not be invalidated solely because required information is not included, or is inaccurate or incomplete.
B. Notice of Eligibility. Within ten (10) working days after receiving the referral, the board shall give to the landlord, tenants, any interested parties and any other person who has requested such notification in writing, a notice of eligibility to place the building into REAP.
The notice of eligibility shall provide written notification to the landlord of the eligibility of the building for placement into REAP and shall list the street address of the property, a description of the uncorrected deficiencies, the apartment number or address of each untenantable residential unit, and any other information required by such regulations as the board may promulgate. The notice of eligibility shall specify a date and time, not less than fourteen (14) and not more than thirty (30) calendar days from the date of the notice, at which the landlord may appear for a formal conference before the secretary of the board or a designee of the secretary. The notice of eligibility shall also state that if the building is placed into REAP, the city shall establish an escrow account for the deposit of monthly rent payments, with a nonrefundable administrative fee of fifty dollars ($50.00) per individual rent payment.
C. Manner of Giving Notice. The notice described in this section shall be given in writing and may be given either by personal delivery thereof to the landlord or by deposit in the United States mail in a sealed envelope, postage pre-paid, addressed to the landlord at the address known to the citing division or department, or as shown on the last equalized assessment roll if not known. Service by mail shall be deemed to have been completed at the time of deposit in the United States mail. The failure of any landlord or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving any such notice may be made by a declaration signed under penalty of perjury by any employee of the city which shows service in conformity with this section.
D. Formal Conference. At the formal conference, and in accordance with any regulations which the board may promulgate, the landlord may demonstrate that the deficiencies have been corrected, that the landlord has obtained the necessary permits and has substantially commenced the work necessary to abate the deficiencies, or that the building does not come within the scope of this article. Prior to the date specified in the notice of eligibility, the landlord, in lieu of or in addition to the personal appearance provided for in this subsection, may submit to the secretary written information upon a form and with the number of copies prescribed by the board. Such submissions shall be accompanied by a declaration stating that the information is true and correct.
The secretary, or the designee of the secretary, shall provide a written report concerning the eligibility of a property for REAP to the board within five working days of the formal conference or the date set for the formal conference where no conference is held. (Prior code § 49.14.1403)