DATE: June 16, 2026
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT Adopt a Resolution Confirming the Report and Nuisance Abatement/Municipal Code Violation Liens List and Approving the Filing of Nuisance Abatement/Municipal Code Liens with the County Recorder’s Office for Non - Abatable Code Violations
RECOMMENDATION
That the City Council adopts the attached resolution (Attachment II) confirming the report (Attachment III) of non -abatable code violations, and penalty liens associated with the Community Preservation and Rental Housing Programs administered by the Code Enforcement Division of the Development Services Department.
SUMMARY
This Nuisance Abatement/Municipal Code report is the annual process to confirm filing of liens with the County Recorder's Office as a third enforcement and collection tool for the Community Preservation and Rental Housing Programs where property owners have failed to address outstanding code enforcement violations and fail to pay associated penalties. The attached resolution officially confirm s the properties in violation of City ordinances . Following confirmation, the City will file Nuisance Abatement/Municipal Code Violations liens against each parcel.
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. 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. All reimbursed funds are allocated to the General Fund and support the Code Enforcement Division’s on-going compliance efforts.
BACKGROUND
Hayward’s 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 include debris, trash, overgrown vegetation, graffiti, signs, zoning issues, abandoned and/or inoperable vehicles, and the like.
Hayward’s Residential Rental Inspection Ordinance (Article 5, Chapter 9 of the HMC), otherwise known as the Residential Rental Inspection Ordinance (RRIO), creates an inspection program for residential rental units in the City. The purpose of the RRIO 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 such as inadequate maintenance, and un-permitted building, plumbing, electrical and mechanical work.
Hayward’s Public Nuisance Ordinance (Article 1, Chapter 4 of the 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 that interferes with the comfortable or safe enjoyment of life or property in the community.
These ordinances provide staff with methods of enforcement and collections for non- abatable violations of the HMC. A condition on a 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 structures that do not meet 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, rental housing violations, and illegal units.
Adoption of the Resolution will authorize staff to file a lien with the County Recorder’s Office against properties in violation of the HMC.
This additional enforcement process does not affect or change the Administrative Hearing request process, or 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. Staff uses the lien and special assessment processes independently or in conjunction with other processes to enhance compliance efforts. The lien process differs from that used for special assessments in that a violation and fee are recorded on a property’s title to alert potential buyers or those with a fiduciary interest in the property, such as a lending institution, of the property violation and the need to pay associated fines, fees, penalties and lien costs. The primary function of special assessments, related to action taken by Council, is to allow the City to collect past due fees via annual tax bills. Authority for this process is granted under the Community Preservation and Improvement Ordinance, RRIO and Government Code Section 38773.1.
DISCUSSION
As of the date of this report, there are fifteen (15) properties being submitted to Council for the filing of a Nuisance Abatement/Municipal Code Violations lien for non-abatable code violations, as listed in Attachment III. The unpaid charges, which total $146,077.00 plus any administrative costs of the County, will become liens on the property titles. When the properties are sold or refinanced, the liens will be paid.
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 to be heard by the City’s hearing officer. 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.
ECONOMIC IMPACT
The filing of liens with the County Recorder’s Office supports the Code Enforcement Division’s preservation, nuisance, and rental programs in ensuring well-maintained, safe, and sanitary neighborhoods and properties.
STRATEGIC ROADMAP
This is a routine operational item
PUBLIC CONTACT
In addition to Three (3) Notices served to the property owner(s), and a formal Notice served by Process Server, a notice of City Council’s confirmation of this report was published in The Daily Review on June 5, 2026 and June 12, 2026.
NEXT STEPS
The City will file Nuisance Abatement/Municipal Code Violations liens against each parcel. That lien will then appear on the property title until the fees have been paid and violation(s) are abated.
Prepared by: Junior Lee, Acting Code Enforcement Supervisor
Recommended by: Sara Buizer, AICP, Director of Development Services
Approved by:
Jennifer Ott, City Manager