A. Notice of Preliminary Acceptance. Within ten (10) working days of the acceptance by the board of a building into REAP, the secretary shall mail notification of the preliminary acceptance to the landlord as identified in the title report, any creditors of the landlord known to the secretary, to SMUD, to PG&E, to city revenue division, any interested parties, all tenants in the building who are known to the secretary, and the occupants of each untenantable residential unit, and any other person who has requested such notice in writing.
The notice of preliminary acceptance shall state that the property, subject to the final approval of the city council, has been accepted into REAP and shall state the following:
1. The street address of the property;
2. A description of the uncorrected deficiencies;
3. Which residential units in the building are eligible for payment into the escrow account;
4. The proposed date upon or after which an escrow account shall be established into which tenants of untenantable residential units may deposit their rent in lieu of payment to the landlord;
5. That a nonrefundable administrative fee of fifty dollars ($50.00) per residential unit per monthly rent payment shall be collected by the city from the escrow account;
6. The date, if no appeal is filed, on which the city council will consider, by resolution, whether to approve the acceptance of the building into REAP; and
7. The right of the landlord or other interested party to appeal the determination of the board to accept the building to the city manager.
B. City Council Approval of Acceptance.
1. The city council, by resolution, may accept a building into REAP, adopting the determination of the hearing officer or the board where no appeal is filed, and finding that each of the factors set forth in Section 8.100.1100(C) of this chapter exists. The action of the city council accepting a building into REAP shall be final, except as provided in subsection (B)(2) of this section.
2. The city council may, at any time, upon its own motion or the application of the board, rescind the resolution of acceptance if it finds that the resolution is no longer necessary.
C. Notice of Acceptance. Within ten (10) working days of the acceptance by the city council of a building into REAP, the secretary shall mail notification of the acceptance to the parties entitled to notice under subsection A of this section.
The notice of acceptance shall state that the property has been accepted into REAP and shall state the following:
1. The street address of the property;
2. A description of the uncorrected deficiencies;
3. Which residential units in the building are eligible for payment into the escrow account;
4. The date upon or after which an escrow account shall be established into which tenants of untenantable residential units deposit their rent in lieu of payment to the landlord; and
5. That a nonrefundable administrative fee of fifty dollars ($50.00) per residential unit per monthly rent payment shall be collected by the city from the escrow account.
D. Service of Notices. The notice of preliminary acceptance and the notice of acceptance shall be sent to each landlord and interested party both by certified mail, postage prepaid, return receipt requested, and by first-class mail, postage prepaid, at the address or addresses of such person as it appears on the last equalized assessment roll of the county or as known to the secretary. Service on other persons entitled to a notice may be sent by first-class mail, postage prepaid. In addition, a copy of the notice of preliminary acceptance or the notice of acceptance shall be posted in a conspicuous place upon the building involved. The failure of any landlord or other person to receive such notice shall not affect in any manner the validity of any proceedings taken thereunder.
E. Declaration of Service. The designee of the secretary, upon giving notices as provided in this section, shall make a declaration under penalty of perjury certifying to the date and manner in which such notice was given. Any receipt card which may have been returned to the secretary in acknowledgment of the receipt of such notice by certified mail shall also be filed with the declaration.
F. Recording. At the time that the secretary gives the notice described in subsection A of this section, the secretary shall file and record with the county recorder of the county of Sacramento a certificate legally describing the real property and stating that the subject building has been placed into REAP and that the owner thereof has been so notified. After the building has been removed from REAP, the secretary shall file and record with the county recorder a certificate terminating the above-recorded status of the subject building. The board may, by regulation, provide for the reimbursement to the secretary from the escrow trust account for the fees and costs incurred. (Prior code § 49.14.1406)