§ 8.38.020. Inspection and notice to repair.

A.

Preliminary Title Report. To commence proceedings under this chapter, the building official shall examine or cause to be examined every building or structure or portion thereof reported dangerous, damaged, or substandard. If such is found to be a dangerous, damaged or substandard building, the building official shall obtain a preliminary title report as to the building or structure or land on which it is located which shall identify all owners of record, lessees of record, mortgagees, beneficiaries, and other holders of deeds of trust. The cost of said title report shall be charged to the owner in the same manner and using the same procedure as all other costs incurred by the city which are to be charged to the owner as set forth in this section.

B.

Initial Notice to Abate Substandard Buildings. The building official shall serve upon each such person, by certified or registered mail, postage prepaid, return receipt requested, a written Notice to Abate Substandard Building stating the conditions rendering the building substandard, listing defects of the building or structure and ordering correction by repair or demolition within thirty days. If in the opinion of the building official the conditions can be abated by repair, the notice shall state the required repairs. The notice shall be sent in substantially the following form:

NOTICE TO OWNER TO ABATE SUBSTANDARD BUILDING

The building located at _______(street address and such other description as is required to identify the premises) has been determined to be a substandard building and public nuisance in violation of state and city law. You are hereby ORDERED to abate such nuisance within thirty days by either repairing the violations and substandard conditions, as indicated on the attached inspection report, or by obtaining a demolition permit and demolishing the building.

You must choose whether to repair or demolish the building and inform the City in writing as to such choice. You must submit for city approval a reasonable and feasible schedule for expeditious repair or demolition. In the absence of facts submitted by you in writing it is presumed that thirty (30) days is an adequate and reasonable period of time to complete abatement of the nuisance. Please call the undersigned for review of your abatement plan.

If (a) you do not make a timely choice of repair or demolition, or (b) the repair work is not done as scheduled, or (c) you select an option which cannot be completed in a reasonable period of time, as determined by the building official, a hearing may be scheduled before the City Council at which time the City Council may order that the building be repaired or demolished and all costs of abatement will be made a lien on the property. The City of El Cerrito (has/has not) elected to include its full actual and reasonable attorney's fees, if any, as part of the costs for which you may be responsible.

In accordance with Sections 17274 and 24436.5 of the state Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in this year if you fail to timely abate this nuisance.

This notice is sent under the authority of Title 25, Article 6 of the California Code of Regulations, and Chapter 8.38 of the El Cerrito Municipal Code.

C.

Violations Affecting Tenant Health and Safety.

1.

If the conditions rendering the building substandard affect the health and safety of occupants, and if the premises are not solely owner-occupied, add the following paragraph:

You are advised that Civil Code Section 1942.5 prohibits a landlord from retaliating against a tenant because of this Notice.

2.

If vacation is ordered, add the following paragraph:

NOTICE TO VACATE

The building official of the City of El Cerrito has further found this building to be unsafe and unfit for continued human occupancy, and that this fact outweighs the needs for housing expressed in the city's housing element. This building or structure must be vacated not later than _______. Continued occupancy beyond such date is unlawful and constitutes an infraction.

D.

Posting and Service of Notice.

1.

The notice shall be sent to each such person at his or her address as it appears on the last equalized assessment roll of the county, or as known to the building official. If no address of any such person so appears or is known to the building official, then that fact shall be stated in the notice and a copy of the notice shall be so mailed, addressed to such person, at the address of the building or structure found by the building official to be dangerous, damaged, or substandard, and at the county seat. Service by certified mail shall be effective on the date of mailing. An affidavit of service and posting, and any receipt card, shall be retained by the building official. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of the proceedings taken hereunder.

2.

The building official shall cause at least one copy of the notice to be posted. conspicuously on the building, structure or portion thereof alleged to be dangerous, damaged or substandard.

3.

If the conditions rendering the building substandard affect the health and safety of occupants, and if the premises are not solely owner-occupied, an additional copy of the notice shall be provided for each residential unit at the premises, either by posting a copy of the notice in a prominent place on each affected residential unit or by first-class mail to each affected residential unit.

E.

Recordation of Notice. The building official shall also file a copy of such notice declaring a building or portion thereof to be a public nuisance with the recorder of Contra Costa County.

(Ord. 2002-9 Div. V1, 2003.)