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HomeMy WebLinkAboutOrdinance 794 ORDINANCE NO. 794 � AN ORDINANCE OF THE CITY OF CUPERTINO ADDING CHAPTER 16 . 44 TO THE CUPERTINO MUNICIPAL CODE, TO PROVIDE FOR THE ABATEMENT OF UNSAFE, DILAPIDATED AND ABANDONED BUILDINGS THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS : Chapter 16. 44 is hereby added to the Cupertino Municipal Code, to read in full as follows: Chapter 16. 44 UNSAFE, DILAPIDATED AND ABANDONED BUILDINGS Sections: 16 . 44. 010 Legislative Findings of City Council. 16. 44. 020 Public Nuisance. 16 . 44. 030 Declaration of Nuisance. 16 . 44. 040 Abatement of. 16 . 44. 050 Notice of Hearing to Abate. 16 . 44. 060 Posting and Serving Notice. 16 . 44. 070 Form of Proper Service of Notice. 16 . 44 . 080 Hearing by City Council. 16 . 44. 090 Rules of Procedure for Conducting Hearing. 16. 44. 100 Service on Owner of City Council Resolution. 16 . 44 . 110 Record of Cost for Abatement. 16 . 44. 120 Report - Hearing and Proceedings. 16 . 44. 130 Assessment of Costs Against Property , Lien. 16 . 44. 140 Alternates. Appendix A Rules of Procedure for Conducting Hearing. 16 . 44. 010 Legislative Findings of Citv Council. The City Counci hereby finds and determines that there are unsafe , dilapi- dated and abandoned buildings or structures within the city; that the vacant interiors of such buildings or structures are used by trespassers as places of habitation, and such buildings and struc- tures are hazards and capable of being destroyed by fire ; that these structures are lbeing used for the deposit of garbage and debris ; that these structures impair the stability and value of both improved and unimproved real property in such areas ; that these structures , (1) serve as an attractive nuisance to children, (2) harbor vagrants or criminals , and (3) enable persons to resort thereto for tne pur- pose of committing unlawful or immoral acts . 16. 44. 020 Public Nuisance. All buildings or structures in the Ci�E-y—wh-1TET are structurally unsafe or not provided with adequate egress , or which constitute a fire hazard , or are otherwise dangerous to human life , or which in relation to existing use constitute a hazard to safety, health, or public welfare , by reason of inadequate maintenance, dilapidation , obsolescence , fire hazard , disaster damage, or abandonment, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal *: in accordance with the procedure provided by this Chapter. 16. 44. 030 Declaration of Nuisance. Whenever the Chief Building Official ins that any building or structure is being maintained contrary to the provisions of Section 16 . 44. 020 hereof, the City Council shall , by resolution, declare its intent to con- duct a public hearing to determine whether the same constitutes a public nuisance; said Resolution shall indicate the City Council ' s intent to commence abatement proceedings, as hereir provided , and shall describe the premises involved by the street- address or other description as is reasonably necessary to identify the same . 16. 44. 040 Abatement of. All or any part of any building or structure, found by the City Council to constitute a public nuisance, which is ordered to be abated , shall be abated by rehabilitation, demolition or repair, pursuant to the procedures set forth in this Chapter. 16. 44. 050 Notice of Hearing to Abate. Within fifteen ( 15) days after the passage of the Resolution referred to in Section 16 . 44. 030 hereof, the Chief Building Official shall cause to be con- spicuously posted upon the premises : (1) a certified copy of sac:`► Resolution, and (2) at least two (2) notices of the time and place of hearing before the City Council , which said notices shall be entitled : "NOTICE OF HEARING TO ABATE NUISANCE" in letters of not less than one (1) inch in height and shall be substantially in the following form: "Notice is hereby given that on the day of 01 19 , the City Council of the C y of Cupertino passed a resolution declaring its intention to conduct a public hearing to determine whether those certain (buildings) (structures) , located upon that certain real property, situated in the City of Cupertino, State of California, known and designated as (street address) , in said City, more par- ticularly described as (description) , constitutes a public nuisance which must be abated by the rehabilit- ation, repair or demolition of said (buildings) (struc- tures) ; if said (buildings) (structures) , in whole or in part, are found to constitute a nuisance, and if not abated, the same will be abated by the City of Cupertino , in which case, the cost of such abatement will be assessed upon and against the land on which said (buildings) (struc- tures) (is) (are) located and that the cost therecf will be constituted a lien upon such land until paid . Said nuisance consists of the following: (description) All persons having any objection to, or interest 2 - . s • in said matter, are hereby advised to attend a meeting of the City Council of the City of Cupertino, to be held in the City Hall, located at 10300 Torre Avenue, Cupertino, California, on the day of 19 , at the hour of (a.m. ) (p.m. ) of said ay, when their evidence relating to said :natter will be heard and given due consideration. jA'TED: This d"' ^f 19_ By order of the City Council city -Clerk 16 44 060 Posting and Serving Notice. The Chiet Building official shall cause to be served upon the owner of the affected premises a copy of the notice referred to in Section 16 . 44. 050 hereof , and a certified copy of the Resolution of the City Council referred to in Section 16 . 44. 030 hereof. Said Notices and Resolutions shall be posted and served as aforesaid, at least fifteen (15) days before the time fixed for the hearing before the City Council. Proof of Posting and service of such Notices and Resolutions shall be made by Affidavits , which shall be filed in the office of the City Clerk. 16 . 44. 070 Form of Pro er Service of Notice. Service of said Notice an Resolution shall be by depo3iting a copy of said Notice and Resolution with the U. S. Postal Service , enclosed in a sealed envelope, with the postage tnereon fully prepaid. Said envelope shall be registered or certified, and shall be addressed to said owner at the last known address of said owner. The service is com- pl.ete at the time of its deposit in the United States Postal Service. "Owner" as used herein , shall mean all persons having, or claiming to have, any legal or equitable interest in or to the fee relating to said premises, as disclosed by a title search to be con- ducted under the supervision of the City Attorney, using an accept- able title company. 16 . 44. 080 Hearin b City Council. At the time stated in the Notices , the City Counci s all hear- and consider all relevant evidence , including, but not limited to, testimony from owners , wit- nesses and parties interested and staff reports, relative to said matter; said hearing may be continued from time to time. Upon the evidence, determine whether the premises , or any part thereof , as maintained . constitute a nuisance. If it is determined that the same does constitute a nuisance, the City Council shall order the same abated within a reasonable time; such time shall be determined by the City Council , and set forth in its Resolution of Abatement . 3 - The City Council ' s decision shall be by resolution, which shall contain the findings of the City Council upon which such determination is based . If said nuisance is not abated within the time permitted by the City Council, the Chief Building Of- ficial is hereby expressly authorized to enter upon the premises for the purpose of abating the same, as hereinafter provided. 16 . 44. 090 Rules of Procedure for Conductin Hearin The Rifles of Procedure for Cond;;ctin Hearin as Appendix "A" , which is incorporated herein andended made aereto part hereof by reference, shall be followed in the conduct of any such hearing by the City Council. 16 . 44 . 100 Service on Owner of City Council Resolution Resolution ordering the abatement of said nuisance copy of Said shall be served upon the owner or other persons having an interest therein, of the affected premises, in accordance with the provisions of Section 16. 44. 060 and shall contain a description of the needed corrections and/or repair, necessary to comply with the abatement order. Any property owner shall have the right to have the nuisance as declared, abated, provided the same is completed prior to the ex- piration of the period of time set forth in said Resolution, or if no time is so specified, within not to exceed sixty (60) days after the date of adoption of such Resolution. The time set for abate- ment, upon good cause shown, may be extended for a reasonable time, by the City Council. Provided, that if such nuisance is not abated within such time, the Chief Building Official shall, by City forces, or private contract, cause the same to be abated. 16 . 44. 110 Record of Cost for Abatement. The Chief Building Officia rshall keep an accounting of the cost, including incidental expenses, of abatement of such nuisance for each separate lot, or parcel of land, where the abatement work has been done and shall render an itemized report in writing to the City Council showing the cost of abatement, including salvage value, if applicable. Pro- vided, that before said report is submitted to the City Council for confirmation, a copy of the same shall be posted for at least fifteen (15) days upon the premises or property upon which such building (s) or structure (s) were situated, together with a notice of the time when said report shall be submitted to the City Council for confirm- ation; a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of Section 16 . 44. !00 hereof, at least fifteen (15) days prior to the time set for City Council action regarding confirmation; proof of such posting and ser- vice shall be made by Affidavit and filed with the City Clerk of the City. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the Citv in the prepar- ation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailings required hereunder. 16 . 44. 120 Report - Hearin and Proceedins. At the time and place ixe or receiving and considering sai report the City Council shall hear and pass upon the report of the Chief Building Official, together with any objections or protests , which must be in writing , 4 submitted by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon the City Council may make such revision, correction or modification to said report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. The decision of the City Council shall be final and conclusive. 16 . 44. 130 Assessment of Costs A ainst Property, Lien. The amount of the cost of abatement of such nuisance upon any lot or parcel of land, including incidental expenses, as confirmed by the City Council , shall constitute a special assessment against the respective lot or parcel of land, to which it relates, and after its recording, as thus made and confirmed, shall constitute a lien on said property in the amount of such assessment. After the confirm- ation of said report, a copy thereof shall be transmitted to the Assessor and Tax Collector for the City, whereupon it shall be the duty of said Assessor and Tax Collector to add the amounts of such assessment or assessments, to the next regular bill of taxes levied against said respective lots and parcels of land for municipal pur- poses , and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. 16. 44. 140 Alternates . Nothing in this Chapter shall be deemed to prevent the City Council from ordering the City Attorney to com- mence a civil action to abate a nuisance, as an alternative to, or in conjunction with, the proceedings herein set forth. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 5th day of April , 1977, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 18th day of April 1977 , by the following vote : Vote Members of the City Council AYES: .;ackson, Meyers , O'Keefe, Frolich NOES: Hone ABSENT: Nellis ABSTAIN: None APPROVED: "4d i lca� Mayor, City of-Cupertino ATTEST:�k-A�Z City C erk I hereby certify t5at attached hereto the s City of Cupertino 0 r been d orPostede and coursuant rrect published copy of saidOrdinancence o p to law. which has "m F• Ryde Citv Cler APPENDIX "A" RULES OF PROCEDURE FOR CONDUCTING HEARING i. PARTIES : The only parties to the hearing are the Chief Building Official of the City of Cupertino and the owner, occupant or person in charge and control, mortgagee or beneficiary under any deed of trust, lessee, or any other person having any estate or interest in said building or structure which is the subject of the City Council ' s Resolution of Abatement. 2 . CHIEF PRESIDING OFFICER: The Mayor of the City is the Chief Pre- siding Officer for the hearing. It shall be his or her duty, subject to being overruled by a majority vote of the City Council, to conduct the hearing and the manner of the proceedings, to rule on questions of evidence and the relevancy thereof , to maintain order at the hearing , to interpret and apply these rules of pro- cedure, and to do all other acts necessary to provide a fair and orderly hearing. In the absence of the Mayor , the Vice Mayor of the City Council shall be the Presiding Officer. 3. HEARING CLERK: The City Clerk shall be charged with the taking and keeping of the records , and keep in his or her possession any exhibits or documents offered as evidence for the consideration of the City Council. The City Clerk shall make the necessary ar- rangements for the taking of a stenographic record of the testi- mony whenever such record is requested by one or more parties. The requesting party or parties shall pay the cost of such record. 4. ATTENDANCE AT HEARING: The Chief Presiding Officer shall have the power to require the exclusion of any witness or witnesses during the testimony of other witnesses. 5 . OATHS : Before proceeding with the testimony of any witness, the Chief Presiding Officer shall require witnesses to testify under oath or affirm to the truth. The oath or affirmation shall be administered by any duly qualified person. 6 . ORDER Or PROCEEDING: A hearing shall be opened by the Chief Pre- siding 0 ficer; the Hearing Clerk shall record in the minutes the place, time and date of the convening of the hearing; the presence of the members of the City Council, and the presence of the parties and the respective counsel , if any. Prior to the presentation of any opening statements or the offering of any evidence, there shall be entered into the record for said hearing al. exhibits , proofs of service and hosting , notices of public nuisance, orders to repair, demolish, or vacate, affidavits or other evidence presented to or filed with the Chief Building Official regarding the matter before the City Council, and proofs and affidavits of posting, mailing or personal service of notice of the time and place set for the hearing. At the beginning of the hearing, the Chief Presiding Of- ficer MAY ask for statements clarifying the issues involved. The Chief Building Official may then present his claims, proofs and his witnesses , who shall thereafter submit to ques- tions or other examination by counsel for the City, the other parties to the hearing, and by any member of the City Council. The other parties may then present their claims, proofs and witnesses, who shall thereafter submit to questions or other examination by counsel for the City, counsel for the Chief Building Official, ad by any member of the City Council. Tt,e Chief Building Official shall be allowed to rebut such defenses and proofs offered by said other parties. The Chief Presiding Officer may, in his or her discretion, vary this procedure, but shall afford boti. the Chief Building Official and the appellants a full and fair opportunity to present all material or relevant proofs. Exhibits , when offered, may be received in evidence and when so received shall be numbered and made a part of the re- cord of the hearing by the Hearing Clerk. The Clerk shall also keep as part of the record a list of names and addresses of all witnesses. 7 . HRARING IN THE ABSENCE OF A PARTY: The hearing may proceed in the absence of any party who, a?-ter due notice, fails to be present or fails to obtain any adjournment from the Chief Pre- siding Officer. 6 . EVIDENCE: (a) Oral evidence shall be taken only on oath or affirm- ation. (b) Each party shall have these rights : To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relpi,ant to the issues even though that matter was not covered in the direct ex- amination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If a party does not testify in his own behalf, he may be called and examined as if under cross-examination. (c) The hearing need not be conducted according to tech- nical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to relay in the con- duct of serious affairs , regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplement-- ing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions . The rules of privilege shall be effective to the extent that the., are otherwise required by statute to be recognized at the hearing, and irrelevant and un- duly repetitious evidence shall be excluded . 2 - 0 9. CLOSING OF HEARLNG: The Chief Presiding Officer shall inquire of all parties , whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies , the Chief Presiding Officer may allow argument by counsel or a party to the proceeding regarding the evidence. After the conclusion of such argument , the hearing shall be closed and a minute thereof shall be recorded. The matter shall then be taken under submission, and the City Council shall thereafter announce its decision. - 3