§ 8.38.080. City council finding of nuisance.

A.

At the time fixed on the notice, the city council shall proceed to swear all witnesses and hear the testimony of the building official and his or her assistants or witnesses and the testimony of the owner or representatives, and other competent 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. In determining whether to order demolition, the city council shall consider the need for housing as expressed in the city's housing element, and shall give preference to repair of the building Wit is economically feasible to do so without having to repair more than seventy-five percent of the dwelling, as determined by the building official.

B.

Upon the conclusion of the hearing, the city council may by resolution declare its findings and, in the event it so concludes, may declare the building or the pertinent portion thereof to be a public nuisance and direct the owner to obtain the proper permits and abate the nuisance within thirty days after the date of posting on the premises of a notice of adoption of the resolution and a copy thereof. The notice and resolution shall be conspicuously posted as soon as possible after its adoption. The abatement shall be accomplished by having the building or pertinent portion thereof properly reconstructed or repaired, or by having the building or pertinent portion thereof demolished or removed.

C.

The city council may extend the thirty-day period upon substantial evidence submitted by the owner that the owner has not had a reasonable time to choose whether to repair or demolish, that the time necessary for repair will exceed thirty days, or for any other reason the city council deems just or reasonable.

D.

Such resolution shall state that it was adopted under the authority of Title 25, Article 6 of the California Code of Regulations, and Chapter 8.38 of the El Cerrito Municipal Code and, farther, shall notify the owner that if the nuisance is not abated, the building or pertinent portion thereof may be demolished or removed by the city, and that the expenses thereof and of safely securing the property shall be assessed against the property, and made a lien on the lot where the building or pertinent portion thereof is located.

E.

On or about the day the premises are posted, the city clerk shall send copies of the resolution 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 city clerk, and to each lessee, mortgage holder, deed of trust holder, or holder of any other lien, encumbrance, estate, or legal interest of record as shown on the preliminary title report obtained pursuant to this section, at the last known address of each such person.

F.

The city clerk shall file a certified copy of any resolution declaring a building or portion thereof to be a public nuisance with the recorder of Contra Costa County.

G.

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

(Ord. 2002-9 Div VIII, 2003; Ord. 2000-7 Div. 1 (part), 2001.)