Section 1101 of said Uniform Housing Code is amended to read as follows:
Sec. 1101. Notices and Orders.
(a) Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition of the building.
(b) 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 the identification of the premises upon which the building is located;
2. A statement that the Building Official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 202 of this Code;
3. A statement of the action required to be taken as determined by the Building Official.
(i) If the Building Official has determined that
the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed sixty (60) 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.
(ii) If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the Building Official to be reasonable.
(iii) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed sixty (60) days from the date of the order); that all required permits be secured therefor within sixty (60) days from the date of the order; and that the demolition be completed within such time as the Building Official shall determine is reasonable;
4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (i)will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii)may proceed to cause the work to be done and charge the costs thereof against the property or its owner; and
5. Statements advising (i)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 Housing Code Advisory and Appeals Board, provided the appeal is made in writing as provided in this Code, and filed with the Building Official within thirty (30) days from the date of service of such notice and order; and (ii)that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(c) Service of Notice and Order. Service of the first notice and order shall be made upon the record owners and posted on the property.
(d) Compliance by Mortgagee or Beneficiary. If such building shall not have complied with the order of the Building Official on or before the expiration of the time set for the completion of work or demolition ordered by the Building Official, the mortgagee or beneficiary under such deed of trust may, within fifteen (15) days after the expiration of such period, comply with the requirements of the order of the enforcement agency.
(e) Noncompliance. If the order of the Building Official shall not have been complied with on or before the time specified therein, the Building Official may institute such appropriate actions or proceedings to correct or abate the condition as would be taken to correct or abate any nuisance or any violation of any other provision of this Code, or, as an alternative procedure, he may institute proceedings for the abatement of such nuisance before the Housing Code Advisory and Appeals Board.
(f) Method of Service. All of the notices required herein shall be given in the following manner: the Building Official shall post conspicuously at least one copy of the notice on the building alleged to be unfit and shall send another copy by registered or certified mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as such person’s name and address appear on the last equalized assessment roll or as known to the Clerk of the governing board of such enforcement agency, and to any deed of trust of record, at the last known address of such mortgagee or beneficiary; and, if such address is unknown to the enforcement agency, then such fact shall be so stated in the copy mailed, and it shall be addressed to him at the county seat of the county wherein such property is situated.
(g) Proof of Service. The Building Official, upon giving the notice referred to in subsection (b)of this section, shall file proof of service thereof with the Clerk of the Board of Supervisors certifying to the time and manner in which such notice was given. He shall also file therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by registered mail. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.
(h) Second Notice. If the Building Official determines to proceed with the abatement of such nuisance through proceedings instituted before the Housing Code Advisory and Appeals Board, he shall give a second notice, in the same manner as set forth in this section, directing the owner of such building to appear before said Board at a stated time and place and show cause why such building should not be condemned as a nuisance and such nuisance be abated as provided in this section, and a copy of such notice shall be mailed to each mortgagee or beneficiary under any deed of trust of record in the manner prescribed in this section. Such notice shall be headed “Notice to Abate Nuisance” in letters not less than three-fourths (3/4”) inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building situated at _____
is hereby notified to appear before the Housing Code Advisory and Appeals Board of the County of Yolo at its meeting to be held _____, 19_, at (place of meeting), at the hour of ____ o’clock., _m., or as soon thereafter as he may be heard, and show cause, if any he has, why said building should not be condemned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or by razing or removing same in accordance with the provisions of Ordinance No. _________.
Dated __________ .
___________________________
(Name of Enforcement Agency)
BY ___________________________
(Name of Officer)
(i) Affldavit of Posting. The officer or employee of the enforcement agency giving such notice shall file an affidavit of posting and mailing in the manner required by Section 1015 of Title 25 of the California Administrative Code, but the failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to the provisions of this section.
(j) Notice to Prospective Purchasers. The owner of any property for which a notice has been issued pursuant to this section shall deliver a copy of such notice to prospective purchasers of the property before making (or accepting) an offer to sell (or purchase) the property. (§ 2, Ord. 718, eff. April 23, 1975, as amended by § 3, Ord. 1003, eff. March 28, 1985)