DATE: December 1, 2015
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Filing Nuisance Abatement/Municipal Code Liens with the County Recorder’s Office for Non-Abatable Code Violations
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) confirming the report, non-abatable code violations, and penalty liens associated with the Code Enforcement Division and Community Preservation/Rental Housing Programs.
BACKGROUND
The purpose of the Nuisance Abatement/Municipal Code confirmation is to consider the proposed report and filings of liens with the County Recorder's Office as a third collection tool for the Community Preservation and Rental Housing Programs. The Resolution will officially confirm the properties in violation of the following City ordinances and will be filed with the County.
Community Preservation and Improvement Ordinance: Article 7, Chapter 5 of the Hayward Municipal Code (HMC), otherwise known as the Community Preservation and Improvement Ordinance, makes it unlawful for Hayward property owners to allow the condition of their property to deteriorate to the point that it becomes detrimental to the public health, safety, or general welfare of the community. This includes both inhabited properties and vacant properties, whether residential or commercial. Typical violations included debris, trash, vegetation, graffiti, signs, zoning issues, abandoned and/or inoperable vehicles, and the like.
Residential Rental Inspection Ordinance: Article 5, Chapter 9 of the Hayward Municipal Code (HMC), otherwise known as the Residential Rental Inspection Ordinance creates an inspection program for residential rental units in the City. The purpose of the Ordinance is to safeguard the stock of safe and sanitary rental housing by inspecting units for violations of housing and building codes. This includes all rental housing units and hotels and motels. Typical violations include housing violations involving inadequate maintenance, and un-permitted building, plumbing, electrical and mechanical work.
Public Nuisance Ordinance: Article 1, Chapter 4 of the Hayward Municipal Code (HMC), otherwise known as the Public Nuisance Ordinance, defines a public nuisance as anything which is injurious to health, or is indecent, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable or safe enjoyment of life or property of the community.
These ordinances provide staff an alternative method of enforcement and collections for non-- abatable violations of the HMC. A condition on property is considered non-abatable when City staff cannot perform the abatement and the property owner fails to comply with the City’s requirement to perform abatement. Examples of non-abatable conditions include fence height(s) and/or setback requirements , illegal structures, businesses operating without an approved Use Permit (if applicable) or failing to comply with Conditions of Approval of an approved use permit , parking violations, rental housing violations, and illegal units. Adoption of the Resolution will authorize staff to file a lien against the property with the County. When a lien is filed against the property, the property cannot be sold or transferred until the violation is corrected.
This additional enforcement process does not affect or change the Administrative Hearing request process, nor the Special Assessment Process. However, this Nuisance Abatement/ Municipal Code Violations lien process is an additional means of enforcement when dealing with non-abatable code violations. Authority for this process is granted under the Community Preservation and Improvement Ordinance, Residential Rental Inspection Ordinance and Government Code Section 38773.1.
DISCUSSION
As of the date of this report, there are seventeen (17) properties being submitted to Council for the filing of a Nuisance Abatement/Municipal Code Violations lien as listed below (Attachment I). The unpaid charges, plus any administrative costs of the County, will become a lien of the property title. When the properties are sold or refinanced, the lien will be paid through escrow.
Staff sends a minimum of three notices to the property owner in question and, if applicable, to the tenants. The first notice informs the recipient of the violation and the right to an Administrative Hearing to dispute the factual findings. The notices are sent by first class mail with proof of service. The final notice is also delivered by way of process server. The final notice details all related costs and/or fees and informs the affected parties of the opportunity to request an Administrative Hearing. The notice also encourages them to make the needed corrections(s) to bring their properties into compliance. To date, no Administrative Hearings have been requested. A confirmed copy of the Nuisance Abatement/Municipal Code Violations form will be sent to the owner, tenant and lender once received from the County Recorder’s Office.
FISCAL IMPACT
There is no negative fiscal impact to the City of Hayward resulting from this action. There will be 100% cost recovery reimbursement through the lien process. In order to change ownership of a property, a lien must be satisfied. If the property is sold or the owner refinances, the City will receive reimbursement through escrow. All reimbursed funds are allocated to the General Fund.
PUBLIC CONTACT
Notice of City Council’s confirmation of this report was published in the Daily Review on November 21, 2015.
Prepared by: Eusebio Espitia, Code Enforcement Supervisor
Recommended by: Kelly McAdoo, Assistant City Manager
Approved by:
Fran David, City Manager
Attachments:
|
Attachment I |
Property Summary and Fees |
|
Attachment II |
Resolution |