Actions instituted by the city to abate substandard buildings shall be in accordance with the provisions set forth in Article 3 (commencing with Section 17980) of Division 13, Part 1.5 of the Health and Safety Code.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The procedures for abatement, prescribed by this chapter, prescribed by applicable law or other procedures as determined by the city to be equivalent for the purpose intended, may be used. The planning and development director, building official, chief of police, fire chief, and public works director, or their respective designees, shall be the city officials responsible for the enforcement procedures set forth in this chapter. In the discharge of their duties, these officials shall have the right to enter on any site, or to enter any structure for the purpose of investigation and inspection.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

Whenever the city determines any building or portion thereof has become substandard as described in Section 17920.3 of the California Health and Safety Code or is a building described in Section 17920.10 of the California Health and Safety Code and when determined to be a nuisance as defined in Section 17920 of the California Health and Safety Code by the city, the following procedures shall apply.

The city shall notify the owner of the building and any mortgagee or beneficiary under any deed of trust of record, as follows. The notice shall state the conditions causing the building to be substandard or in violation of Section 17920.10 of the Health and Safety Code, and may order the building or portion thereof, vacated and the owner shall institute proceedings for the correction or abatement of the building or portion thereof, either by demolition or repair, which correction or abatement shall be completed within thirty (30) days after the date of the notice. If, in the opinion of the city, these conditions can be corrected or abated by repair, the notice shall state the repairs which are required.

If the building is encumbered by a mortgage or deed of trust, of record and the owner of the building has not complied with the requirements identified in the notice from the city on or before the expiration of thirty (30) days after the date of mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within fifteen (15) days after the expiration of the thirty-day period, comply with the requirements of the notice from the city, in which event the cost to the mortgagee or beneficiary shall be added to, and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.

If the notice from the city has not been complied with on or before the expiration of forty-five (45) days after the date of mailing and posting of the notice, the city may institute an appropriate action or proceeding 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 chapter or, as an alternative procedure, the city may institute proceedings for the abatement of the nuisance and substandard building, after notice and hearing, before the city council as provided in this chapter.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

For the purpose of providing for the advancement of costs in the enforcement of the provisions of this chapter, the city may create a revolving fund or funds from which may be paid the costs of enforcing the provisions of this chapter and into which may be paid the receipts from the collection of costs or fines imposed by the city in the enforcement of this chapter.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The notices required in Section 17.94.030 shall be given in the following manner. The city shall post conspicuously at least one copy of the notice identified in Section 17.94.030 on the substandard building, 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 that person's name and address appear on the last equalized assessment roll, or as known to the city clerk and to any mortgagee or beneficiary under a deed of trust of record. If the address of the owner cannot be determined by the city, this fact shall be stated in the copy so mailed and the notice shall be addressed to the owner at the county seat of the county where the property is located.

The officer or employee of the city upon giving the notice, shall file an affidavit with the city clerk, certifying the time and the manner in which the notice was given along with any receipt card returned either acknowledging of the receipt of the notice by registered mail or acknowledging the notice was refused or undeliverable. The refusal of delivery of the notice or if the notice was undeliverable, shall satisfy the notice requirement set forth in this Section 17.94.050. The failure of any owner or other person to receive the notice, shall not affect in any manner the validity of any proceedings taken hereunder.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

A.

If the city elects to proceed with the abatement of the nuisance through proceedings instituted before the city council as provided in this chapter, it shall give a second notice in the same manner as set forth in Section 17.94.050 directing the owner of the building to appear before the city council at a stated time and place and show cause why the building should not be found to be a nuisance and the nuisance be abated as provided in this chapter. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust of record in the manner prescribed in Section 17.94.050. The notice shall be headed "Notice to Abate Nuisance" in letters of not less than three-fourths (¾) of an inch in height and shall be substantially in the following form:

NOTICE TO ABATE NUISANCE

The owner of the building located at _______, Kingsburg, California ("building") is hereby notified to appear before the Kingsburg City Council at its regular/special meeting to be held _______, 20___, at the City Council Chambers, 1401 Draper Street, Kingsburg, California, at the hour of _______ o'clock ___.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be declared a public nuisance and the nuisance be abated by reconstructing or repairing the building or by razing or removing the building.

Dated: _______, 20___

CITY OF KINGSBURG

By: ___________

   ___________, City Clerk

B.

The officer or employee of the city giving such notice shall file an affidavit of posting and mailing in the manner required by Section 17.94.050.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

A.

At the time fixed in notice identified in Section 17.94.060, the city council shall hold a hearing and receive testimony from city staff, the owner of the building or its representatives, if present at said hearing, and other persons who may be present and desire to testify, respecting the condition of the building, the estimated cost of its reconstruction, repair or removal, and any other matter which the city council may deem pertinent thereto. Upon the conclusion of the hearing, the city council shall, by resolution, declare its findings and decision whether the building is a nuisance and direct the owner to abate the nuisance within thirty (30) days after the date of posting on the building a notice of the passage of said resolution by properly reconstructing, repairing, or having the building razed or removed and notifying the owner of the building that if the nuisance is not abated within the thirty-day period, the nuisance will be abated by the city by reconstruction, repair or razing and removing the building and the expense thereof made a lien on the lot or parcel of land upon which said building is located.

B.

At any time within sixty (60) days after the passage of any resolution directing the abatement of a nuisance, the city shall post a copy of the resolution conspicuously on the building so declared to be a nuisance and mail another copy by registered 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 city, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such addresses are unknown to the city, then said fact shall be stated in said copy so mailed and it shall be addressed to the owner of the land or the mortgage or beneficiary under the deed of trust at the county seat of the county where the property is located. The officer or employee of the city, upon giving the notice, shall file an affidavit thereof in the manner provided for in Section 17.94.050. The city council may grant any extension of time to abate the nuisance as it may deem justifiable upon good cause therefore being shown.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The owner of the building or other interested person offering objections during the abatement hearing before the city council at which a resolution of abatement of the nuisance is passed, must bring an action in a court of competent jurisdiction within thirty (30) days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

Thirty (30) days after the posting of the copies of the resolution declaring a building a nuisance, the city shall be deemed to have acquired jurisdiction to abate such nuisance by reconstructing, repairing, razing or removing the building, unless the nuisance is abated by the owner or other person within said thirty-day period or any extension thereof granted by the city council. In the event that the nuisance is not abated within the time prescribed, the city may thereupon take the abatement action identified in the city council resolution or have the abatement action performed by a contractor under its direction and supervision.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

The building materials contained in a building razed or removed may be sold by the city at public sale to the highest responsible bidder after not less than five (5) days' notice of the intended sale is published at least once in a newspaper of general circulation published in the city or county where the building is located, either before or after said building has been razed or removed. Any amount received from the sale of such building materials shall be deducted from the expense of razing or removing the building. The city shall keep an itemized account of the expenses involved in the razing or removing of any building and shall deduct therefrom the amount received from the sale of the building materials. The city shall cause to be posted conspicuously on the property from which the building was razed or removed a statement verified by the officer or employee of the city in charge of performing the work showing the gross and net expense of the razing or removing of such building together with a notice of the time and place when and where said statement shall be submitted to the city council for approval and confirmation and at which time said city council shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of the abatement work and any other interested persons. A copy of said statement and notice shall be mailed in the manner prescribed in Section 17.94.050 and an affidavit of such posting and mailing shall be filed in the manner prescribed in that section. The time for confirmation shall be not less than five (5) days after the date of the posting and mailing of said statement and notice.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)

A.

At the time fixed for the hearing of the statement of expense the city council shall consider the statement, together with any objections or protests which may be raised by any of the property owner liable to be assessed for the abatement work and any other interested persons. At the conclusion of the hearing, the city council may make such revision, correction, or modification to the statement of expense as it may deem necessary, after which, by motion, said statement of expenses as submitted, or in the event any revisions, corrections or modifications have been made by said city council said statement of expenses as revised, corrected or modified, shall be approved.

B.

In the event that the cost for abating the nuisance exceeds the proceeds received from the sale of any materials, the amount of the net expense of abating the nuisance, if not paid within five (5) days after the decision of the city council on the statement of expense, shall constitute a lien on the real property upon which the building is or was located, which lien shall continue until the amount thereof and interest thereon at the rate of ten percent (10%) per annum, computed from the date of approval and confirmation of the statement of expense until paid, or until it is discharged of record. This lien shall, for all purposes, be upon parity with the lien of state, county, and municipal taxes. In the event of nonpayment, the city council shall, at any time within sixty (60) days after the decision of the city council on the statement of expense, cause to be filed in the office of the county recorder of the county in which the property is located a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority vested in the undersigned by Division 13, Part 1.5 of the Health and Safety Code and California Code of Regulations, Title 25, Chapter 1, Subchapter 1, of the State of California, the undersigned did on the ___ day of _______, 20___, cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the ___ day of _______, 20___, by action duly recorded in its official minutes as of that date, assess the cost of the abatement, less the amount received from the sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Kingsburg does hereby claim a lien on the real property hereinafter described for the net expense of the abatement of the nuisance in the sum of $_____, and the same shall be a lien upon the real property until the sum, with interest at the rate of ten percent (10%) per annum, from the ___ day of _______, 20___, has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain real property located in the City of Kingsburg, County of _______, State of California, and particularly described as follows:

Dated: _______, 20___

CITY OF KINGSBURG

By: ___________

   ___________, City Clerk

C.

From and after the date of the recording of said notice of lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of said lien.

D.

In the event that the amount received from the sale of material exceeds the expenses of abating the nuisance, such excess shall be deposited with the finance director of the city to the credit of the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership of the property satisfactory to the finance director.

(Ord. No. 2017-007, § 2, 9-6-2017; Ord. No. 2024-07, § 1, 12-18-2024)