Agenda packet, special meeting — San Mateo City Council, June 20, 2022

CITY OF SAN MATEO
City Council Special Meeting
June 20, 2022
5:30 PM
City Hall Conference Room C
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
THIS MEETING IS BEING HELD PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDERS WHICH SUSPEND CERTAIN REQUIREMENTS OF THE BROWN ACT.

THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here: J une 20, 2022
To join via telephone: (408) 638-0968
Webinar ID: 895 6742 4857 Passcode: 675961

CALL TO ORDER
Roll Call

CLOSED SESSION
The public will have an opportunity to comment before the consideration of these items. Following the meeting a report of action from Closed Session will be provided if required.

1. Conference with Legal Counsel – Existing Litigation, Workers' Compensation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Eric Avila

2. Conference with Legal Counsel – Existing Litigation
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Lalonde v. City of San Mateo, San Mateo Superior Court Case No.: 20-CIV-05837

STUDY SESSION
The public will have an opportunity to comment during the consideration of these items.

3. “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units” – Municipal Code Review
Receive information about the implementation and efficacy of San Mateo Municipal Code Chapter 7.50 “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units” and related code enforcement tools and provide direction on potential code amendments including adoption of a dangerous buildings code.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS: Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record. (continue on next page)
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PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to: [email protected] until 4 p.m. the day of the meeting.

During the meeting
By Zoom: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

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ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 2 of 48

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: CLOSED SESSION File ID: 21-5105-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: June 20, 2022
SUBJECT:

Conference with Legal Counsel – Existing Litigation, Workers' Compensation RECOMMENDATION:
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Eric Avila

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Yuliya Shukhat, Senior Risk Management Analyst
[email protected]
(650) 522-7263
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: STUDY SESSION File ID: 22-5775 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: June 20, 2022
SUBJECT:
“Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Unit” – Municipal Code Review
RECOMMENDATION:

Receive information about the implementation and efficacy of San Mateo Municipal Code Chapter 7.50 “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units” and related code enforcement tools and provide direction on potential code amendments including adoption of a dangerous buildings code.

BACKGROUND:

San Mateo Municipal Code (SMMC) Chapter 7.50, “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units” (Relocation Ordinance or Ordinance) was adopted by the City Council in 2019. This Ordinance requires property owners to provide relocation payments to tenants who are displaced from their rental unit either because the unit is unpermitted and unsafe to occupy, or because the unit is substandard or in a life-threatening condition due to various code violations.

At the January 30, 2021, Annual Goal Setting Meeting, the City Council set a goal to strengthen the penalties for repeat offenders of the Relocation Ordinance. On October 4, 2021, Council received the mid-cycle review of the 2021-22 Strategic Plan. At that time, staff gave a brief overview of the current enforcement tools that are available. City Council expressed interest in receiving more detailed information about all the currently available penalties and how they can be used to potentially enhance the Relocation Ordinance, specifically for repeat offenders, in order to determine whether amending the Relocation Ordinance may be appropriate.

The purpose of this study session is to provide City Council with information on the effectiveness of the Relocation Ordinance, what works well and what has been problematic, and information on the currently available penalties and appeal process when those penalties are imposed. Staff is also seeking direction as to whether we should begin work on amending Chapter 7.50 to add or modify penalties or to revise the appeal procedures, and whether we should begin work on a draft ordinance for a Dangerous Buildings Code.

Since its adoption, the City’s Code Enforcement Division (Code Enforcement) has utilized the Relocation Ordinance for both temporary and permanent relocation of tenants due to substandard or life-threatening conditions. Staff has found that the Ordinance has been an effective tool to protect tenants that are living in substandard conditions and to gain compliance from property owners. To date, Code Enforcement is not aware of repeat offenders, and in most cases, property owners have complied with the requirements to correct substandard conditions within the required time resulting in no relocation. There has been only one known property owner who was the subject of Code Enforcement action for other properties separate from the property wherein tenant(s) were relocated prior to adoption of the 4 of 48

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Ordinance.

The Relocation Ordinance, as currently adopted, does not have a specific penalty for repeat violators; however, Title 1 of the San Mateo Municipal Code (SMMC) details various penalties available for violations of any provision of the SMMC, including the Relocation Ordinance. These penalties range from administrative citations issued by Code Enforcement staff to criminal proceedings that may be initiated by the City Attorney’s Office.

CURRENTLY AVAILABLE PENALTIES:
Administrative Citations: Code Enforcement may issue administrative citations to any person responsible for violating the Relocation Ordinance. The administrative citation is classified as a nuisance abatement fee ranging from $100 to $500, which if not paid, becomes a lien on the property tax roll. Administrative citations may be issued for each violation and continue to be issued every day that the violation(s) exist. For example, for a property that has two citable violations, the administrative citation would start at $200 the first day, would be $400 the second day, and would increase to $1,000 on the third day. The $500 amount per violation could be issued each day that the violation continues to exist. Administrative citations are appealable to the Community Relations Commission (CRC). The CRC decision is appealable to City Council, and thereafter to Superior Court in San Mateo County. (SMMC Chapter 1.10.)
Civil Penalties: The City Manager, or designee, may issue a notice of imposition of a civil penalty against a property owner who violates the SMMC. A hearing shall then be given to the person or entity against whom a civil penalty is imposed. The hearing officer, who may be appointed by the City Manager, may issue civil penalties ranging from not less than $10.00 per day to no more than $10,000 per day for each day of violation if violation(s) are found.

Civil penalties greater than $10,000 per day may be imposed if the hearing officer finds that a greater penalty is necessary to remedy the economic gain that resulted, or could have resulted, from the violation and/or the harm to the community or individuals exceeds $10,000 per day. The hearing officer’s decision is the City’s final administrative decision and available to judicial review pursuant to Code of Civil Procedure section 1094.5. (SMMC Chapter 1.11.)
Administrative Compliance Order: Code Enforcement may issue a written compliance order, providing a reasonable time for correction of not less than 10 working days, to any person responsible for a municipal code violation, including the Relocation Ordinance. If the responsible person does not comply, an administrative compliance hearing is scheduled before the CRC to determine whether a violation has occurred. If the CRC determines that a violation did occur and has not been corrected, the CRC then issues an administrative order which may include an order to correct code violations, including a schedule for correction, if appropriate, administrative penalties, and administrative costs of enforcement. Administrative penalties may be ordered up to $1,000 per violation and per day, and may accrue for each day the violation(s) continues after the administrative order is issued. The administrative order is appealable to City Council within 10 working days of the order being served. The City Council’s decision may thereafter be reviewed in Superior Court in San Mateo County. (SMMC Chapter 1.14.)
Criminal Prosecution: Violations of the SMMC may be punishable as an infraction or misdemeanor by the City Attorney and upon a filing a complaint by the City Attorney in Superior Court. Associated fines for an infraction range from $100 to $500. Misdemeanors are punishable by a fine not to exceed $1,000 and/or possible imprisonment up to six months. (SMMC § 1.04.010.)
Injunctive Relief: The City of San Mateo may file a civil action against the property owner in Superior Court seeking injunctive relief including a request for the appointment of a receiver, when appropriate.

APPEALS AND HEARING BOARD:

Currently, appeals and hearings associated with the above referenced administrative processes are within the powers and 5 of 48

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duties of the CRC. This has been problematic because many of the violations, which may require tenant relocation, relate to technical building codes, health and safety codes, and zoning regulations. Currently, CRC commissioners are not required to have any training or specific knowledge related to interpretation and implementation of the technical building codes or health and safety codes. Therefore, Code Enforcement staff has not utilized these available administrative penalties for violations associated with these codes. To effectively utilize the administrative processes, staff recommends establishing a process with an impartial hearing officer rather than an alternative board, with a further appeal to Council, which is discussed in more detail below.

POTENTIAL ENFORCEMENT TOOLS:

Staff has found the Relocation Ordinance useful to encourage compliance by property owners, deter repeat offenders, and ultimately help tenants most often in need. The circumstances surrounding relocation situations are diverse, and on occasion, a property may be substandard or dangerous due to conditions that cannot be reasonably attributable to a property owner or any tenants. In these investigations, Code Enforcement is able to determine the facts and circumstances of both the tenant(s) and property owner in each code case. In doing so, Code Enforcement is then able to determine which penalties are appropriate, if any, including those that may be issued against a property owner in relocation scenarios.

As stated previously, staff has not had any cases with repeat offenders since adoption of the Relocation Ordinance and believes Title 1 offers adequate remedies to address repeat offenders when appropriate. However, there are two key areas that staff believes may be improved, which include: (1) a change to certain administrative appeal procedures; and (2) adoption of an ordinance that more comprehensively addresses dangerous buildings, which require relocation in landlord/tenant situations.
Administrative Appeals Procedures: Currently, the majority of appeals and hearings associated with the administrative processes detailed above are required to be heard by the CRC. To efficiently and effectively utilize the administrative processes, staff recommends establishing a process with an impartial hearing officer, with experience with technical building codes and health safety codes, rather than a board or commission. Staff recommends that the hearing officer’s decision be appealable to City Council. Appointing a hearing officer is a common practice, as evidenced by the nearby jurisdictions of South San Francisco, Redwood City, Burlingame, and San Mateo County.
Adoption of a Dangerous Buildings Code: Staff currently relies on provisions of the International Property Maintenance Code (IPMC) when confronted with a building deemed to be “dangerous.” When a building is declared “dangerous” as determined by the Building Official, the building is “red-tagged,” ordered to be vacated, and thus, any tenants residing in the building are displaced. The 1997 Uniform Code for the Abatement of Dangerous Buildings (Dangerous Buildings Code) is a set of code provisions that specifically addresses these types of buildings, and is more comprehensive in its definitions and procedures than those found within the IPMC.

Therefore, staff believes use of the Dangerous Buildings Code, and its included provisions to address dangerous buildings, would be another useful tool when addressing tenant relocation situations or any dangerous building found within the City. In order to utilize the Dangerous Buildings Code, City Council would need to adopt the code as an ordinance at a future City Council regular meeting.

Questions for Council:
Are any additional penalty provisions required for effective enforcement of Chapter 7.50? Should the City establish an impartial hearing officer review procedure with City Council being the final appeal body for building code violations?
Should city staff begin work on a draft ordinance for a Dangerous Buildings Code? Is there any additional direction to staff?
BUDGET IMPACT:

This item is for discussion purposes only and there is no budgetary impact. 6 of 48

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ENVIRONMENTAL DETERMINATION:

This study session is not a project subject to CEQA, because the City Council is providing direction to staff and is not taking action at this time. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Chapter 7.50 - Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units Att 2 - Uniform Code for the Abatement of Dangerous Buildings

STAFF CONTACT
Christine Civiletti, Code Enforcement Manager
[email protected]
(650) 522-7154
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Chapter 7.50 Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units.

7.50.010 Title.

This Chapter shall be known as Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units.
(Ord. No. 2019-6 § 1.)

7.50.020 Definitions.

For the purposes of this Chapter 7.50, the following words and phrases shall have the meanings set forth herein:
(a) "Declaration of substandard condition" means a declaration, notice, or order executed by an Enforcement Officer under the authority of the applicable provision of law declaring that a dwelling is substandard.
(b) "Dwelling" means any structure that a person uses as a place of permanent or customary abode within San Mateo city limits, including, but not limited to, a single-family dwelling, a unit in multifamily or multipurpose dwelling, a unit of a condominium or cooperative housing project, a mobile home, a garage or shed, or any other unit or property that is considered to be real property under State law. A dwelling is any structure that is actually used for residential purposes regardless of whether the structure is decent, safe or sanitary and regardless of whether the actual residential use is legally permitted or conforming under any applicable laws or regulations. (c) "Department" means the Community Development Department. (d) "Director" means the head of the Department, or his or her designee. (e) "Enforcement Officer" means any City employee or agent of the City whose position requires enforcement of any provision of the City of San Mateo Municipal Code, any City ordinance or any state law or regulation related to zoning, building or housing standards, and/or other technical codes adopted by the City for existing residential properties including, but not limited to, code enforcement officers, building officials and environmental health specialists. (f) "Noncomplying dwelling or room" means a dwelling or room within San Mateo city limits which has been found or determined by an Enforcement Officer to be substandard, blighted, unsafe, a public nuisance, a drug nuisance, or otherwise not in conformity with applicable state or local zoning, building and/or housing standards and/or other technical codes adopted and enforced by the City for existing residential properties; and "noncomplying condition" or "noncompliance" means any physical condition or use with respect to the dwelling or room that contributes to such finding or determination. (g) "Notice to abate life-threatening condition" means a notice and/or order to abate a substandard or noncomplying condition issued by the City pursuant to its code enforcement activities, however such notice or order is denominated, that indicates on its face that a life-threatening condition is present. 8 of 48
(h) "Notice to vacate" means a notice and/or order, however denominated, issued by the City or a court to a property owner and/or a tenant household pursuant to the City's code enforcement activities requiring that a dwelling or room be vacated, either immediately or at some future specified time, as a result of a determination that such dwelling or room fails to comply with applicable building, housing, zoning, or other code standards. For purposes of this chapter, a "notice to vacate" includes a complaint or action filed by the City with a court and served on the property owner pursuant to the City's code enforcement activities whereby the City asks for vacation of the property as requested relief. (i) "Permanent displacement" means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the building or complex), in the judgment of the Enforcement Officer, cannot foreseeably be brought into code compliance or will not otherwise be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and the property owner have agreed that the displacement shall be permanent.
(j) "Property owner" means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. In the case of multiple ownership of the subject real property, "property owner" means each entity holding any portion of the fee interest in the property and the property owner's obligations in this chapter shall be joint and several as to each
property owner.
(k) "Temporary displacement" means the vacating of a dwelling or room by a tenant household due to code enforcement activities when that dwelling or room (or an equivalent dwelling or room in the same building or complex) will foreseeably be brought into code compliance and be available for re-occupancy by the tenant household within ninety (90) days from the date of vacating; or when the tenant household and property owner have otherwise agreed that the displacement shall be considered temporary.
(l) "Tenant household" means one or more individuals who rent or lease a dwelling or room as their primary residence and who share living expenses.
(Ord. No. 2019-6 § 1
.)

7.50.030 Tenant eligibility for relocation payments.
(a) A tenant household shall be eligible for relocation payments from a property owner under this chapter if the tenant household is displaced from its dwelling or room due to the City's code enforcement activities. For purposes of this chapter, a tenant household shall be deemed to be displaced from its dwelling or room due to code enforcement activities in either of the following circumstances:

1. The tenant household receives a notice from the property owner requiring the household to vacate or quit the dwelling or room at any time after the City or a court has issued a notice to vacate, notice to abate life-threatening condition or a declaration of substandard condition covering that dwelling or room; or
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2. The tenant household vacates its dwelling or room (whether or not the property owner requires vacation) after (a) the City or a court has issued a notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition covering that dwelling or room, and (b) the abatement period has expired without correction of the noncomplying condition (if a time period to abate the noncomplying condition is specified in such notice or declaration and the City or court does not order earlier vacation).
(b) Notwithstanding subsection (a) above, a tenant household shall not be deemed displaced due to code enforcement activities in any of the following cases:

1. The property owner demonstrates to the satisfaction of the Director that vacation of the dwelling or room was due primarily to a cause other than either (a) the noncomplying condition, (b) the City's or court's determination that the dwelling or room was a noncomplying dwelling or room, or (c) the need to make repairs to rectify any noncomplying condition;

2. The property owner demonstrates to the satisfaction of the Director that the noncomplying condition was created by the tenant household or the tenant household's guests or invitees, and was not created by the property owner or the property owner's agent, or that the condition giving rise to the code enforcement activities existed at the time that the tenant household occupied the dwelling or room and that the tenant household occupied the dwelling or room for the purpose of receiving relocation benefits;

3. The property owner demonstrates to the satisfaction of the Director that the tenant household unreasonably prevented the property owner or the property owner's agent from undertaking maintenance or repairs that would have prevented or rectified the noncomplying condition;

4. All noncomplying conditions are corrected, as determined by the City, prior to the time the tenant household has taken definitive steps to move from the dwelling or room;

5. The notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition is rescinded or withdrawn by the City or the court or is overturned on appeal prior to the time the tenant household has taken definitive steps to move from the dwelling or room;

6. The property owner offers, in writing, to move the tenant household immediately into a replacement dwelling or room in the same building or complex , and all of the following are true: (a) the replacement dwelling or room comparable in size, condition and amenities to the formerly occupied dwelling or room; (b) the replacement dwelling or room complies with all applicable zoning, building and housing codes; (c) the replacement rent is no greater than the rent charged for the formerly occupied dwelling or room; and (d) the offer was made prior to the time the tenant household has taken definitive steps to move; or

7. The tenant household is required to vacate the dwelling or room due solely to damage resulting from an earthquake, fire, flood, natural disaster, civil disturbance, or accident outside the control of the property owner, if (a) the vacation is required within six months of such event, and (b) the property owner demonstrates to the satisfaction of the Director that such damage was not caused by the acts or the negligence of the property owner or by a preexisting condition in the building in violation of applicable building, housing, fire, or other health and safety code s.
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(c) Any provision of a lease or rental agreement for a dwelling or room in which the tenant household agrees to modify or waive any of its rights under this chapter, including its rights to relocation payments, shall be void as contrary to public policy.
(Ord. No. 2019-6 § 1.)

7.50.040 City notices to property owners.
(a) An Enforcement Officer or other authorized official, along with issuance of any notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition to a property owner covering a dwelling or room shall inform the property owner that any tenant household that vacates said dwelling or room may be eligible for relocation payments from the property owner, that failure to make required relocation payments to eligible tenant households before vacation may result in the City making payments on behalf of the property owner, and that failure to reimburse the City for all relocation payments made and other costs incurred may result in a lien being placed on the property.

Following issuance of any such notice or declaration and expiration of the period to abate the noncomplying condition (if an abatement period is specified in any such notice or declaration), the City shall also use reasonable efforts to deliver information to each affected tenant household in the building regarding the relocation benefits and assistance, if any, to which the tenant household may be entitled. (b) Failure by the City to supply or attempt to supply any of the information or notices provided for in this chapter
shall not affect the validity of any code enforcement notice, order, or action, nor shall any such failure impact any property owner's obligation to abate any noncomplying conditions or provide relocation assistance as required under this chapter.
(Ord. No. 2019-6 § 1.)
Cross References
Section 7.50.060(b)

7.50.050 Property owners' notices to tenants.

Any notice from a property owner to an eligible tenant household to vacate or quit a dwelling or room following the issuance by City of a notice to vacate, notice to abate a life threatening condition, or declaration of substandard condition must set forth the reasons for the need to vacate, the tenant household's entitlement to relocation payments from the property owner, the tenant household's right to re-occupancy following completion of repairs (if the property is one to be repaired), and the estimated date for re-occupancy. The property owner shall send a copy of all notices to theDirector. (Ord. No. 2019-6 § 1
.)
Cross References
Section 7.50.060(b)

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7.50.060 Relocation payments by property owners.
(a) The property owner shall be responsible for providing relocation payments, in the amounts specified in section 7.50.090, to an eligible tenant household in the form and manner prescribed in this chapter.

The property owner shall furnish proof of any relocation payments made to tenant households to the Director.
(b) Except as set forth in section 7.50.060(e), in the case of permanent displacement, the property owner shall make the relocation payment directly to an eligible tenant household no later than ten (10) days before the expected vacation date of the dwelling or room specified in either a City or court notice or order or the property owner's notice to vacate pursuant to sections 7.50.040 and 7.50.050, whichever date is earliest in the event of multiple notices. If less than ten (10) days' advance notice of vacation is given, or no vacation date is specified in such notice or order, then the payment by the property owner to the tenant household shall be made no later than the actual time of vacation. (c) If an eligible tenant household vacates a dwelling or room on its own initiative pursuant to section

7.50.030(a)(2) in response to a notice to abate life-threatening condition or declaration of substandard condition issued by the City (rather than in response to a notice to vacate by the City, a court or a property owner), and if that tenant household has not given advance notice to the property owner of its intention to vacate, then the payment by the property owner to the tenant household shall be made no later than ten (10) days after written demand for such payment is made by the tenant household to the property owner; provided, however, that in such case, such a demand must be made in writing by the tenant household within thirty (30) days following the actual vacation of the dwelling or room. (d) In the case of temporary displacement, the property owner shall make the payment directly to an eligible tenant household within five (5) days after the tenant household has submitted reasonably probative documentation (such as bills, invoices, rental agreements, estimates, etc.) to the property owner of the actual moving and temporary housing expenses the tenant household will incur or has incurred as a result of the temporary displacement during the expected displacement period. (e) If the property owner and the tenant household agree in writing that a displacement initially treated as a temporary displacement is to be a permanent displacement, the property owner shall provide the tenant household relocation payments for temporary displacement required under section

7.50.090(b) within the period required under section 7.50.060(d), as well as relocation payments for permanent displacement required under section 7.50.090(a) within ten (10) days after the displacement is determined, in writing, to be a permanent displacement. (f) The obligation of the property owner to deliver relocation payments to a tenant household shall be suspended pending the outcome of an appeal pursuant to section 7.50.100 of this chapter, if the property owner has made a timely request for appeal.
(g) Notwithstanding other provisions of this chapter, a tenant household shall not be required to vacate the dwelling or room until the required relocation payment has been made and any appeal requested by the property owner has been concluded, unless (1) the Enforcement Officer has determined for health and safety reasons that vacation must occur sooner; or (2) the property owner has complied with the provisions of
California Government Code section 7060, et seq., to withdraw such dwelling or room from rental or lease. However, a property owner remains liable for payment of relocation payments to 12 of 48
eligible tenant households under this chapter notwithstanding the applicability of the exceptions above in clauses (1) and (2).
(Ord. No. 2019-6 § 1.)
Cross References
Section 7.50.090(c)
Section 7.50.070(a)
Section 7.50.060(e)
Section 7.50.060(b)

7.50.070 Relocation payments by City chargeable to property owners. (a) The City, in its sole discretion and subject to funding availability, may make any of the payments required of a property owner under this chapter, including advancing eligible tenant household(s) reimbursable "moving expenses" and "temporary housing accommodations costs" as each of these terms are defined below in section 7.50.090(b). Such payments shall continue to be an obligation of the property owner and shall be reimbursed by the property owner to the City. The City may consider making such payments in its own discretion or if a tenant household makes a written request to the Department following a property owner's failure to pay the required payments within the period mandated under
section 7.50.060, but in no event later than sixty (60) days following the tenant household's vacation of the dwelling or room. Prior to any City payment to a tenant household, the Director shall make a determination regarding the eligibility of the tenant household for relocation payments. The Department will make reasonable efforts to contact a representative of the property owner prior to making the determination or authorizing the City's payment. However, failure to give prior notice to the property owner shall not relieve the property owner of any obligations under this chapter.
(b) When the City makes any relocation payments that are the responsibility of the property owner under this chapter, the City shall bill the property owner for the amount of payment, plus any administrative and other direct and/or indirect costs that it would not have incurred but for the failure of the owner to make the required payment. The City Manager, in consultation with the City Attorney, shall have the discretion to reduce the amount of any required reimbursement from a property owner to the City in cases where the factual and legal circumstances warrant such a reduction. The property owner shall reimburse the City within five (5) days of receipt of billing from the City. If the property owner does not make full and timely payment to the City, the City is entitled to recover an additional amount equal to the sum of one-half the amount paid by the City on the property owner's behalf, but not to exceed ten thousand dollars ($10,000.00), as a penalty for failure to make timely payment. The City may also record a lien on the subject property with the County of San Mateo Recorder and shall provide notice of such lien to the property owner and to the County of San Mateo Assessor. The form of such lien and the manner of enforcement and collection shall be as authorized by state or local law.

Alternatively, the City may include the unreimbursed amount in any other lien placed on the property by the City to secure payment of enforcement costs. Notwithstanding the above, the intent of this 13 of 48
chapter is to place primary responsibility for making relocation payments to displaced tenant households on those property owners who are responsible for code violations, and nothing in this section is intended to relieve or release any such property owner from this responsibility. (Ord. No. 2019-6 § 1.)

7.50.080 Tenant households' return rights.
(a) An eligible tenant household who has experienced temporary or permanent displacement from its dwelling or room due to code enforcement activities shall have the right to return to that dwelling or room, or, if this is not possible, to move into an equivalent dwelling or room in the same building or complex if there is an equivalent dwelling or room owned by the same owner, if and when the dwelling or room is ready for occupancy and under the same terms and conditions that applied to the tenancy prior to the period of displacement. If a tenant household intends to exercise this right, it must inform the property owner in writing of its current address at all times during the period of displacement. (b) The property owner shall notify the eligible relocated tenant household at least thirty (30) days in advance by certified mail of the availability of the dwelling or room. If a shorter notice is given and the tenant household indicates that it wishes to return, the dwelling or room must be held vacant at no cost to the household for a period no less than thirty-five days after the mailing of the notice of availability.

The notice shall provide that within seven days of receipt of notice of availability of the dwelling or room, a tenant household wishing to return must notify the property owner in writing of this election. (c) If a tenant household wishing to return to the dwelling or room is required to pay a security deposit, the tenant household must be permitted sufficient time to obtain a refund of any deposit paid to obtain replacement housing during the period of relocation.
(d) This return right is in addition to an eligible tenant household's entitlement to monetary relocation payments from the property owner under the terms of this chapter 7.50 , and the exercise of this option
by a tenant shall not affect the household's eligibility for such payments. (Ord. No. 2019-6 § 1.)

7.50.090 Amount of relocation payments.
(a) Permanent Displacement. An eligible tenant household that will experience permanent displacement as defined above shall receive a monetary relocation payment from the property owner equal to three times the current monthly United States Department of Housing and Urban Development (HUD) Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs, plus a payment not to exceed one thousand dollars ($1,000.00) for actual moving costs and related expenses incurred by the tenant household and substantiated by reasonably probative documentation. The property owner shall treat any non-complying dwelling or room that does not have one or more separate bedrooms as an "efficiency unit" for purposes of determining the applicable HUD Fair Market Rent and calculating the required monetary relocation payment on that basis. In addition, the tenant household is entitled to a refund and/or accounting for any security deposit held by the 14 of 48
property owner pursuant to California Civil Code section 1950.5. For purposes of this chapter, "HUD Fair Market Rent" means the amount specified in the schedule of Fair Market Rents for existing housing published by the U.S. Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, applicable to the City of San Mateo and current as of the date the City or court issues the notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition.
(b) Temporary Displacement.

1. An eligible tenant household that will experience temporary displacement as defined above shall receive monetary relocation payment or payments from the property owner to cover the tenant household's actual and reasonable moving expenses in addition to temporary housing accommodations costs incurred as a result of the temporary displacement. "Moving expenses" shall include the cost of removing, transporting, and/or storing the tenant household's personal property during the displacement period. "Temporary housing accommodations costs" shall include the cost of rental payments and hotel or motel payments during the displacement period. The total amount of temporary housing accommodations costs paid by the property owner shall not exceed three times the current monthly HUD Fair Market Rent for a unit of comparable size and type to the dwelling or room from which the displacement occurs. If the tenant household is not paying rent during the displacement period, then the property owner shall be entitled to deduct the amount the tenant household would have paid from the relocation payments required under this paragraph.

2. In lieu of the relocation payments required under subsection (b)(1), the property owner may offer to provide a tenant household temporary housing accommodations. Tenant household shall have the sole option to accept or decline this offer.

3. Temporary housing accommodations shall be (a) comparable in size, condition, or amenities to the formerly occupied dwelling or room and (b) comply with all applicable zoning, building and housing codes and (c) shall be located within San Mateo city limits or any jurisdiction that borders San Mateo, unless the tenant agrees in writing to accept temporary housing accommodations in a different location.

4. If the temporary housing accommodations are not comparable in size, condition, or amenities, or not located within San Mateo city limits or a jurisdiction that borders San Mateo, the property owner shall pay a living stipend in the amount of 50% of the current U.S. General Services Administration meals & incidentals per diem rate for San Mateo/Foster City/Belmont, per tenant household member, per day, not to exceed $1000 per tenant household.
(c) Except as provided in section 7.50.060(e)
, in no event shall the property owner be liable for making payments in excess of the amount the tenant household would receive in the case of permanent displacement under section 7.50.090(a).
(d) Immediate Vacation. When the condition of a dwelling or room is a danger to the public health and safety such that the City requires vacation with fewer than thirty (30) days advance notice either from the City or from the property owner to the tenant household of the need to vacate, an eligible tenant household displaced from such a dwelling or room shall be entitled to an additional payment from the property owner in the amount of one thousand dollars ($1,000.00), in addition to the amounts set forth 15 of 48
above. Such additional payment is intended to compensate the tenant household for the additional costs associated with short-notice moves and the added inconvenience of such moves. (e) Payments for relocation shall not be considered by the City as income or assets for any government benefits program.
(Ord. No. 2019-6 § 1.)
Cross References
Section 7.50.090(c)
Section 7.50.070(a)
Section 7.50.060(e)
Section 7.50.060(e)
Section 7.50.060(a)

7.50.100 Appeals process.
(a) Written Appeal.

1. A property owner or tenant household may contest a decision, order, or determination regarding relocation payments or a notice of penalty or fine assessed this chapter by submitting an appeal in writing together with the appeal fee listed in the City's fee schedule. The appeal shall set forth the factual basis for disputing the decision, order, or determination.

2. Appeals must be addressed to the Director, and must be received within ten (10) days of the date appearing on the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. A copy of the appeal must be provided by the appellant to any tenant household(s) or property owner(s) directly affected by the appeal on or by the same date that the appeal is received by the Director.
(b) Hearing Procedure.

1. Upon receipt of a written appeal and appeal fee, the Director shall schedule a hearing before the City Council. Any tenant household(s) or property owner(s) directly affected by the appeal shall have the right to attend and participate in the hearing.

2. The appeal hearing shall be set for a date within thirty (30) days from the date that the appeal is filed, unless the Director determines that good cause exists for an extension of time. The appellant and any tenant household(s) or property owner(s) directly affected by the appeal shall receive notice of the time and place at least fifteen (15) days prior to the hearing unless the Director determined, in writing, that the matter is urgent, in which case the appellant and any tenant household(s) or property owner(s) directly affected by the appeal shall receive at least five (5) days prior notice of the hearing.

3. Documentary evidence and names of potential witnesses shall be provided by the Enforcement Officer and the appellant to the City Council and any tenant household(s) or property owner(s) directly 16 of 48
affected by the appeal at least five (5) days prior to the appeal hearing or as soon as practicable prior to the hearing. At the hearing, the tenant household(s) or property owner(s) directly affected by the appeal shall be given the opportunity to testify and to present evidence concerning the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. The failure of appellant to appear at the appeal hearing shall constitute a forfeiture of the fine or penalty (if applicable).

4. The decision, order, or determination regarding relocation benefits or the notice of penalty or fine and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
(c) Decision on Appeal.

1. After considering all of the testimony and evidence submitted at the hearing, the City Council shall issue a written decision to uphold or cancel all or part of the decision, order, or determination regarding relocation benefits or the notice of penalty or fine and shall state the reasons for that decision. The decision of the City Council shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any proper grounds for the order to pay relocation benefits or the notice of penalty or fine. A copy of the City Council's written decision shall be provided to the property owner as well as any tenant household(s) directly affected by the appeal.

2. If the City Council determines that the decision, order, or determination regarding relocation benefits or the notice of penalty or fine should be upheld, then the property owner shall pay the appropriate sum(s) to the tenant household and/or the City within ten (10) days after the property owner's receipt of the City Council's written decision.

3. To the extent allowed by law, the decision and the decision, order, or determination regarding relocation benefits or notice of penalty or fine shall have the same force and effect as a resolution of the City Council for the purpose of filing a lien, special assessment, or for pursuing any other method of collection.
(Ord. No. 2019-6 § 1
.)
Cross References
Section 7.50.060(f)

7.50.110 Retaliation Barred.
(a) No property owner shall take any of the following actions in retaliation against any member of a tenant household for exercising rights granted under this chapter:

1. Engage in conduct that violates subdivision (a) of Section 484 of the California Penal Code.

2. Engage in conduct that violates Section 518 of the California Penal Code.

3. Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 of the California Civil Code t hat would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief. 17 of 48

4. Commit a significant and intentional violation of Section 1954 of the California Civil Code.

5. Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant.

This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.
(b) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section. (c) This section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. (Ord. No. 2019-6 § 1
.)

7.50.120 Private right of action.
(a) A tenant household that believes that a property owner has violated the provisions of this chapter s hall have the right to file an action for injunctive relief and/or actual damages against such party. Treble damages shall be awarded for a property owner's willful failure to comply with the payment obligations established under
this chapter. In any action brought under this chapter, the court may award reasonable attorney's fees to any prevailing party. (b) Nothing herein shall be deemed to interfere with the right of a property owner to file an action against a tenant or non-tenant third party for the damage done to said owner's property. Nothing herein is intended to limit the damages recoverable by any party through a private action. (Ord. No. 2019-6 § 1.)

7.50.130 Severability.

In the event any section, clause or provision of this chapter shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
(Ord. No. 2019-6 § 1.)

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101306967
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1997

UNIFORM CODE

FOR THE ABATEMENT

OF DANGEROUS

BUILDINGSTM
Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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First Printing
Publication date: March 1997
ISSN 0896-971X
ISBN 884590-76-4
COPYRIGHT © 1994, 1995, 1996, 1997
by
International Conference of Building Officials
5360 WORKMAN MILL ROAD
WHITTIER, CALIFORNIA 90601-2298
(800) 284-4406 • (562) 699-0541
PRINTED IN THE U.S.A.

This code is designed to be compatible with the Uniform Building Code™ and the Uniform Housing Code™. While the Housing Code is applicable only to residential buildings, the Uniform Code for the Abatement of Dangerous Buildings™ is designed to apply to all types of buildings and structures. The notices, orders and appeals procedures specified have been fonnd to be workable and are referenced by the Uniform Building Code.

If properly followed, the provisions of this code will provide the building official with the proper legal steps in abating dilapidated, defective buildings which endanger life, health, property and public safety within concepts of fair play and justice. iii
Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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CODES AND RELATED PUBLICATIONS
The International Conference of Building Officials (lCBO) publishes a family of codes, each correlated with the Uniform Building Code n, to provide jurisdictions with a complete set of building-related regulations for adoption. Some of these codes are published in affiliation with other organizations such as the International Fire Code Institute (IFCI) and the International Code Council (ICC). Refer ence materials and related codes also are available to improve knowledge of code enforcement and administration of building inspec tion programs. Publications and products are continually being added, so inquiries should be directed to Conference headquarters for a listing of available products. Many codes and references are also available on CD-ROM or floppy disk. These are denoted by (*). The following publications and products are available from ICBO:

CODES
*Uniform Building Code, Volumes 1, 2 and 3. The most widely adopted model building code in the United States, the performance based Uniform Building Code is a proven document, meeting the needs of government units charged with the enforcement of building regula tions. Volume 1 contains administrative, fire- and life-safety and field inspection provisions; Volume 2 contains structural engineering design provisions; and Volume 3 contains material, testing and installation standards.
*Uniform Mechanical Code n., • Provides a complete set of require ments for the design, construction, installation and maintenance of heating, ventilating, cooling and refrigeration systems; incinerators and other heat-producing appliances.

International Plumbing Code n'. Provides consistent and techni cally advanced requirements that can be used across the country to pro vide comprehensive regulations of modern plumbing systems. Setting minimum regulations for plumbing facilities in terms of performance objectives, the IPC provides for the acceptance of new and innovative products, materials and systems.

International Private Sewage Disposal Code n.' • Provides flexibil ity in the development of safety and sanitary individual sewage disposal systems and includes detailed provisions for all aspects of design, installation and inspection of private sewage disposal systems.

International Mechanical Code Th, • Establishes minimum regula tions for mechanical systems using prescriptive and performance related provisions. It is founded on broad-based principles that make possible the use of new materials and new mechanical designs.

Uniform Zoning Code 'M • This code is dedicated to intelligent com munity development and to the benefit of the public welfare by provid ing a means of promoting uniformity in zoning laws and enforcement. *Uniform Fire Code n', Volumes 1 and 2. The premier model fire code in the United States, the Uniform Fire Code sets forth provisions necessary for fire prevention and fire protection. Published by the International Fire Code Institute, the Uniform Fire Code is endorsed by the Western Fire Chiefs Association, the International Association of Fire Chiefs and ICBO. Volume 1 contains code provisions compatible with the Uniform Building Code, and Volume 2 contains standards ref erenced from the code provisions.
*Urban-Wildland Interface Code n,. Promulgated by IFCI, this code regulates both land use and the built environment in designated ur ban-wildland interface areas. This newly developed code is the only model code that bases construction requirements on the fire-hazard severity exposed to the structure. Developed under a grant from the Federal Emergency Management Agency, this code is the direct result of hazard mitigation meetings held after devastating wildfires.

Uniform Housing Code'M . Provides complete requirements affect ing eonservation and rehabilitation of housing. Its regulations are com patible with the Uniform Building Code.

Uniform Code for the Abatement of Dangerous Buildings n., • A code eompatible with the Uniform Building Code and the Ulliform Housing Code which provides equitable remedies consistent with other laws for the repair, vacation or demolition of dangerous buildings.

Uniform Sign Code'M . Dedicated to the development of better sign regulation, its requirements pertain to all signs and sign construction attached to buildings.

Uniform Administrative Code 'M • This code covers administrative areas in connection with adoption of the Ulliforlll Building Code, iv
Uniform Mechanical Code and related codes. It contains provisions which relate to site preparation, construction, alteration, moving, repair and use and occupancies of buildings or structures and building service equipment, including plumbing, electrical and mechanical regulations.

The code is compatible with the administrative provisions of all codes published by the Conference.

Uniform Building Security Code n.,. This code establishes mini mum standards to make dwelling units resistant to unlawful entry. It regulates swinging doors, sliding doors, windows and hardware in con nection with dwelling units of apartment houses or one- and two-family dwellings. The code gives consideration to the concerns of police, fire and building officials in establishing requirements for resistance to bur glary which are compatible with fire and life safety.

Uniform Code for Bnilding Conservation n., • A building conserva tion guideline presented in code format which will provide a communi ty with the means to preserve its existing buildings while achieving appropriate levels of safety. It is formatted in the same manner as the Uniform Building Code, is compatible with other Uniform Codes, and may be adopted as a code or used as a guideline.

Dwelling Construction under the Uniform Building Code'M.

Designed primarily for use in home building and apprentice training, this book contains requirements applicable to the construction of one and two-story dwellings based on the requirements of the Uniform Building Code. Available in English or Spanish.

Dwelling Construction under the Uniform Mechanical Code'M .

This publication is for the convenience of the homeowner or contractor interested in installing mechanical equipment in a one- or two-family dwelling in conformance with the Uniform Mechanical Code.

Supplements to UBC and related codes. Published in the years be tween editions, the Supplements contain all approved changes, plus an analysis of those changes.

Uniform Building Code-1927 Edition. A special 60th anniversa ry printing of the first published Uniform Building Code.

One and Two Family Dwelling Code. Promulgated by ICC, this code eliminates conflicts and duplications among the model codes to achieve national uniformity. Covers mechanical and plumbing require ments as well as construction and occupancy.

Application and Commentary on the One and 1\vo Family
Dwelling Code. An interpretative commentary on the One and Two Family Dwelling Code intended to enhance uniformity of interpretation and application of the code nationwide. Developed by the three model code organizations, this document includes numerous illustrations of code requirements and the rationale for individual provisions.

Model Enel'gy Code. This code includes minimnm requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings. It is based on American Society of Heat ing, Refrigeration and Air-conditioning Engineers Standard 90A-1980 and was originally developed jointly by ICBO, BOCA, SBCCI and the National Conference of States on Building Codes and Standards under a contract funded by the United States Department of Energy. The code is now maintained by ICC and is adopted by reference in the Uniform Building Code.

National Electrical Code®. The electrical code used throughout the United States. Published by the National Fire Protection Association, it is an indispensable aid to every electrician, contractor, architect, build er, inspector and anyone who must specify or certify eleetrical installa tions.

TECHNICAL REFERENCES AND EDUCATIONAL

MATERIALS
Analysis of Revisions to the Uniform Codes n, • An analysis of changes between the previous and new editions of the Uniform Codes is provided. Changes between code editions are noted either at the begin ning of chapters or in the margins of the code text.
*Handbook to the Uniform Building Code. The handbook is a completely detailed and illustrated commentary on the Uniform Build ing Code, tracing historical background and rationale of the codes through the current edition. Also included are numerous drawings and figures clarifying the application and intent of the code provisions. Also available in electronic format.
*Handbook to the Uniform Mechanical Code. An indispensable tool for understanding the provisions of the current UMC, the handbook traces the historical background and rationale behind the UMC provi sions, includes 160 figures which clarify the intent and application of the code, and provides a chapter-by-chapter analysis of the UMC. *Uniform Building Code Application Manual. This manual
discusses sections of the Uniform Building Code with a question-and answer format, providing a comprehensive analysis of the intent of the code sections. Most sections include illustrative examples. The manual is in loose-leaf format so that code applications published in Building Standards magazine may be inserted. Also available in electronic format.
*Uniform Mechanical Code Application Manual. As a compan ion document to the Uniform Mechanical Code, this manual provides a comprehensive analysis of the intent of a number of code sections in an easy-to-use question-and-answer format. The manual is available in a loose-leaf format and includes illustrative examples for many code sections.
*Unifonn Fire Code Applications Manual. This newly developed manual provides questions and answers regarding UFC provisions.

A comprehensive analysis of the intent of numerous code sections, the manual is in a loose-leaf format for easy insertion of code applications published in IFCI's Fire Code Journal.

Quick-Reference Guide to the Occupancy Requirements of the 1997 UBC. Code requirements are compiled in this publication by occupancy groups for quick access. These tabulations assemble requirements for each occupancy classification in the code. Provisions, such as fire-resistive ratings for occupancy separations in Table 3-B, exterior wall and opening protection requirements in Table 5-A-l, and fire-resistive ratings for types of construction in Table 6-A, are tabu lated for quick reference and comparison.

Plan Review Manual. A practical text that will assist and guide both the field inspector and plan reviewer in applying the code requirements.

This manual covers the nonstructural and basic structural aspects of plan review.

Field Inspection Manual. An important fundamental text for courses of study at the community college and trade or technical school level. It is an effective text for those studying building construction or architecture and includes sample forms and checklists for use in the field.

Building Department Administration. An excellent guide for im provement of skills in departmental management and in the enforce ment and application of the Building Code and other regulations administered by a building inspection department. This textbook will also be a valuable aid to instructors, students and those in related profes sional fields.

Building Department Guide to Disaster Mitigation. This new, expanded guide is designed to assist building departments in develop ing or updating disaster mitigation plans. Subjects covered include guidelines for damage mitigation, disaster-response management, immediate response, mutual aid and inspections, working with the media, repair and recovery policies, and public information bulletins.

This publication is a must for those involved in preparing for and responding to disaster.

Building Official Management Manual. This manual addresses the unique nature of code administration and the managerial duties of the building official. A supplementary insert addresses the budgetary and financial aspects of a building department. It is also an ideal resource for those preparing for the management module of the CABO Building Official Certification Examination.

Legal Aspects of Code Administration. A manual developed by the three model code organizations to inform the building official on the le gal aspects of the profession. The text is written in a logical sequence with explanation of legal terminology. It is designed to serve as a refresher for those preparing to take the legal module of the CABO Building Official Certification Examination.
lIIustrated Guide to Conventional Construction Provisions of the UBC. This comprehensive guide and commentary provides detailed explanations of the conventional construction provisions in the UBC, including descriptive discussions and illustrated drawings to convey the prescriptive provisions related to wood-frame construction.

Introduction to the Uniform Building Code. A workbook that pro vides an overview of the basics of the UBC.

Uniform Building Code Update Workbook. This manual address es many of the changes to the administrative, fire- and life-safety, and inspection provisions appearing in the UBC.

UMC Workbook. Designed for independent study or use with instructor-led programs based on the Uniform Mechanical Code, this comprehensive study guide consists of 16 learning sessions, with the first two sessions reviewing the purpose, scope, definitions and admin istrative provisions and the remaining 14 sessions progressively explor ing the requirements for installing, inspecting and maintaining heating, ventilating, cooling and refrigeration systems.

UBC Field Inspection Workbook. A comprehensive workbook for studying the provisions of the UBC. Divided into 12 sessions, this workbook focuses on the UBC combustible construction requirements for the inspection of wood- framed construction.

Concrete Manual. A publication for individuals seeking an under standing of the fundamentals of concrete field technology and inspec tion practices. Of particular interest to concrete construction inspectors, it will also benefit employees of concrete producers, contractors, test ing and inspection laboratories and material suppliers.

Reinforced Concrete Masonry Construction Inspector's Hand book. A comprehensive information source written especially for ma sonry inspection covering terminology, technology, materials, quality control, inspection and standards. Published jointly by ICBO and the Masonry Institute of America.

You Can Build It! Sponsored by ICBO in cooperation with CABO, this booklet contains information and advice to aid "do-it-yourselfers" with building projects. Provides guidance in necessary procedures such as permit requirements, codes, plans, cost estimation, etc.

Guidelines for Manufactured Housing Installations. A guideline in code form implementing the Uiliform Building Code and its compan ion code documents to regulate the permanent installation of a man ufactured home on a privately owned, nonrental site. A commentary is included to explain specific provisions, and codes applying to each component part are defined.

Accessibility Reference Guide. This guide is a valuable resource for architects, interior designers, plan reviewers and others who design and enforce accessibility provisions. Features include accessibility require ments, along with detailed commentary and graphics to clarify the pro visions; cross-references to other applicable sections of the UBC and the Americans with Disabilities Act Accessibility Guidelines; a check list of UBC provisions on access and usability requirements; and many other useful references.

Educational and Technical Reference Materials. The Conference has been a leader in the development of texts and course material to assist in the educational process. These materials include vital informa tion necessary for the building official and subordinates in carrying out their responsibilities and have proven to be excellent references in con nection with community college curricula and higher-level courses in the field of building construction technology and inspection and in the administration of building departments. Included are plan review checklists for structural, nonstructural, mechanical and fire-safety pro visions and a full line of videotapes and automated products. v
Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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TABLE OF CONTENTS
Chapter 1 Title and Scope ......................... .

Section 101 Title .............................. .

Section 102 Purpose and Scope .................. .

Section 103 Alterations, Additions and Repairs ...... .

Chapter 2 Enforcement ........................... .

Section 201 General ........................... .

Section 202 Abatement of Dangerous Buildings ..... .

Section 203 Violations ......................... .

Section 204 Inspection of Work .................. .

Section 205 Board of Appeals ................... .

Chapter 3 Definitions ............................. .

Section 301 General ........................... .

Section 302 Dangerous Building ................. .

Chapter 4 Notices and Orders of Building Official ..... .

Section 401 General ........................... .

Section 402 Recordation of Notice and Order
Section 403 Repair, Vacation and Demolition ....... .

Section 404 Notice to Vacate .................... .

Chapter 5 Appeal ................................ .

Section 501 General ........................... .

Section 502 Effect of Failure to Appeal ............ .

Section 503 Scope of Hearing on Appeal ........... .

Section 504 Staying of Order under Appeal ......... .

Chapter 6 Procedures for Conduct of Hearing Appeals ..

Section 601 General ........................... .

Section 602 Form of Notice of Hearing ............ .

Section 603 Subpoenas ......................... .
1 1
1 3
3 3
3 3
3 5
5 5
7 7
7 7
8 9
9 9
9 9
11 11
11 11
Section 604 Conduct of Hearing . . . . . . . . . . . . . . . . . . . 11 Section 605 Method and Form of Decision 12
Chapter 7 Enforcement of the Order of the
Building Official or the Board of Appeals 13
Section 701 Compliance . . . . . . . . . . . . . . . . . . . . . . . . . 13 Section 702 Extension of Time to Perform Work . . . . . . 13 Section 703 Interference with Repair or Demolition
Work Prohibited ..................... 13
Chapter 8 Performance of Work of Repair or Demolition 15 Section 801 General ............................ 15
Section 802 Repair and Demolition Fund . . . . . . . . . . . . 15 Chapter 9 Recovery of Cost of Repair or Demolition . . . . 17 Section 901 Account of Expense, Filing of Report .... 17 Section 902 Notice of Hearing .................... 17
Section 903 Protests and Objections . . . . . . . . . . . . . . . . 17 Section 904 Hearing of Protests ................... 17
Section 905 Personal Obligation or Special Assessment 17 Section 906 Contest ............................ 17
Section 907 Authority for Installment Payment of
Assessments with Interest . . . . . . . . . . . . . . 17 Section 908 Lien of Assessment . . . . . . . . . . . . . . . . . . . 17 Section 909 Report to Assessor and Tax Collector:

Addition of Assessment to Tax Bill 17
Section 910 Filing Copy of Report with
County Auditor . . . . . . . . . . . . . . . . . . . . . . 18 Section 911 Collection of Assessment: Penalties for
Foreclosure ......................... 18
Section 912 Repayment of Repair and Demolition
Fund .............................. 18
vii
Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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1997 ABATEMENT OF DANGEROUS BUILDINGS 101
103
Chapter 1

TITLE AND SCOPE
SECTION 101 - TITLE
These regulations shall be known as the Uniform Code for the Abatement of Dangerous Buildings, may be cited as such, and will be referred to herein as "this code."
SECTION 102 - PURPOSE AND SCOPE
102.1 Purpose. It is the purpose of this code to provide a just, eq uitable and practicable method, to be cumulative with and in addi tion to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or struc tures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.

The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.
102.2 Scope. The provisions of this code shall apply to all dan gerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction.

SECTION 103 - ALTERATIONS, ADDITIONS AND

REPAIRS
All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Sec tion 3403 of the Building Code.

ENFORCEMENT
SECTION 201 - GENERAL
201.1 Administration. The building official is hereby autho rized to enforce the provisions of this code.

The building official shall have the power to render interpreta tions of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions.

Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
201.2 Inspections. The health officer, the fire marshal and the building official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.
201.3 Right of Entry. When it is necessary to make an inspec tion to enforce the provisions of this code, or when the building official or the building official's authorized representative has rea sonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested.

If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other per sons having charge or control of the building or premises and re quest entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. "Authorized representative" shall include the officers named in Section 201.2 and their authorized inspection personnel.

SECTION 202 - ABATEMENT OF DANGEROUS

BUILDINGS
All buildings or portions thereof which are determined after in spection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accord ance with the procedure specified in Section 401 of this code.

SECTION 203 - VIOLATIONS
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or struc ture or cause or permit the same to be done in violation of this code.

SECTION 204 - INSPECTION OF WORK
All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be sub ject to inspection by the building official in accordance with and in the manner provided by this code and Sections 108 and 1701 of the Building Code.

SECTION 205 - BOARD OF APPEALS
205.1 General. In order to hear and decide appeals of orders, de cisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters per taining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be ap pointed by the governing body and shall hold office at its pleasure.

The board shall adopt rules of procedure for conducting its busi ness and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regula tions adopted by the board shall be delivered to the building offi cial, who shall make them freely accessible to the public. 205.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
3 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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1997 ABATEMENT OF DANGEROUS BUILDINGS 301
302
Chapter 3

DEFINITIONS
SECTION 301 - GENERAL
For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chap ter or as specified in the Building Code or the Housing Code.

Where terms are not defined, they shall have their ordinary ac cepted meanings within the context with which they are used.

Webster s Third New International Dictionmy of the English Lan guage, Unabridged, copyright 1986, shall be construed as provid ing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the mas culine.

BUILDING CODE is the Uniform Building Code promul
gated by the International Conference of Building Officials, as adopted by this jurisdiction.

DANGEROUS BUILDING is any building or structure
deemed to be dangerous under the provisions of Section 302 of this code.

HOUSING CODE is the Uniform Housing Code promulgated
by the International Conference of Building Officials, as adopted by this jurisdiction.

SECTION 302 - DANGEROUS BUILDING
For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such condi tions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or pan ic.

2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

6. Whenever any portion of a building, or any member, appur tenance or ornamentation on the exterior thereof is not of suffi cient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the work ing stresses permitted in the Building Code for such buildings.

7. Whenever any portion thereof has wracked, warped,
buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

S. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty con struction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such build ing; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

11. Whenever the building or structure, exclusive of the foun dation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterio ration of its nonsupporting members, enclosing or outside walls or coverings.

12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing un lawful or immoral acts.

13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is deter mined by the health officer to be unsanitary, unfit for human habi tation or in such a condition that is likely to cause sickness or disease.

16. Whenever any building or structure, because of obsoles cence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is de termined by the fire marshal to be a fire hazard.

17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in eq uity jurisprudence.
5 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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302

18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or struc ture or whenever any building or structure is abandoned for a peri od in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. 6 1997 ABATEMENT OF DANGEROUS BUILDINGS
Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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1997 ABATEMENT OF DANGEROUS BUILDINGS 401
403
Chapter 4

NOTICES AND ORDERS OF BUILDING OFFICIAL
SECTION 401 - GENERAL
401.1 Commencement of Proceedings. When the building of ficial has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the building official shall commence proceedings to cause the re pair, vacation or demolition of the building.
401.2 Notice and Order. The building official shall issue a no tice and order directed to the record owner of the building. The no tice and order shall contain:

1. The street address and a legal description sufficient for iden tification of the premises upon which the building is located.

2. A statement that the building official has found the building to be dangerous with a brief and concise description of the condi tions found to render the building dangerous under the provisions of Section 302 of this code.

3. A statement of the action required to be taken as determined by the building official.

3.1 If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work
physically commenced within such time (not to exceed
60 days from the date of the order) and completed with in such time as the building official shall determine is reasonable under all of the circumstances.

3.2 If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable.

3.3 If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the
building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all re quired permits be secured therefor within 60 days from
the date of the order; and that the demolition be com
pleted within such time as the building official shall de termine is reasonable.

4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the board of ap peals, provided the appeal is made in writing as provided in this code and filed with the building official within 30 days from the date of service of such notice and order; and (ii) that failure to ap peal will constitute a waiver of all right to an administrative hear ing and determination of the matter.
401.3 Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encum brance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the build ing official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
401.4 Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their ad dress 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 a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings.

The failure of any such person to receive such notice shall not af fect the validity of any proceedings taken under this section. Serv ice by certified mail in the manner herein provided shall be effective on the date of mailing.
401.5 Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting serv ice, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official.

SECTION 402 - RECORDATION OF NOTICE AND
ORDER
If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a cer tificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so noti fied. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county re corder certifying that the building has been demolished or all re quired corrections have been made so that the building is no longer dangerous, whichever is appropriate.

SECTION 403 - REPAIR, VACATION AND

DEMOLITION
The following standards shall be followed by the building official (and by the board of appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or struc ture:

1. Any building declared a dangerous building under this code shall be made to comply with one of the following:

1.1 The building shall be repaired in accordance with the current building code or other current code applicable
to the type of substandard conditions requiring repair; or

1.2 The building shall be demolished at the option of the building owner; or
7 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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403
404.2

1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.

2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.

SECTION 404 - NOTICE TO VACATE
404.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 401.3, be posted at or upon each exit of the building and shall be in substantially the following form:
8 DO NOT ENTER

UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.

Building Official
....... of ...... .
1997 ABATEMENT OF DANGEROUS BUILDINGS
404.2 Compliance. Whenever such notice is posted, the build ing official shall include a notification thereof in the notice and order issued under Section 401.2, reciting the emergency and specifying the conditions which necessitate the posting. No per son shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or re move such building under permit. No person shall remove or de face any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code.

1. A heading in the words: "Before the board of appeals of the .......... of ......... "

2. A caption reading: "Appeal of ........ ," giving the names of all appellants participating in the appeal.

3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.

5. A brief statement in ordinary and concise language of the re lief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

6. The signatures of all parties named as appellants and their official mailing addresses.

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the ap peal.

The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official.
501.2 Pmcessing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. 501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the board of ap peals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be less than 10 days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mail ing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

SECTION 502 - EFFECT OF FAILURE TO APPEAL
Failure of any person to file an appeal in accordance with the pro visions of Section 501 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.

SECTION 503 - SCOPE OF HEARING ON APPEAL
Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

SECTION 504 - STAYING OF ORDER UNDER
APPEAL
Except for vacation orders made pursuant to Section 404, en forcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
9 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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1997 ABATEMENT OF DANGEROUS BUILDINGS 601
604.7.2
Chapter 6

PROCEDURES FOR CONDUCT OF HEARING APPEALS
SECTION 601 - GENERAL
601.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision. 601.2 Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board.
601.3 Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved.
601.4 Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter re mains before the examiner.
601.5 Oaths-Certification. In any proceedings under this chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.
601.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter be fore it. Due regard shall be shown for the convenience and neces sity of any parties or their representatives.

SECTION 602 - FORM OF NOTICE OF HEARING
The notice to appellant shall be substantially in the following form, but may include other information:
"You are hereby notified that a hearing will be held before (the board of appeals or name of hearing examiner)
at ........... on the ........... day of ........... ,
19 ....... , at the hour. . . . . . . .. ,upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-ex amine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (board of appeals or name of hearing ex aminer)."
SECTION 603 - SUBPOENAS
603.1 Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of wit nesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be ob tained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be is sued when the affidavit is defective in any particular. 603.2 Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner.
603.3 Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misde meanor.

SECTION 604 - CONDUCT OF HEARING
604.1 Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
604.2 Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
604.3 Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
604.4 Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible per sons are accustomed to rely in the conduct of serious affairs, re gardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
604.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
604.6 Rights of Parties. Each party shall have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter rele vant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence; and

6. To be represented by anyone who is lawfully permitted to do so.
604.7 Official Notice.
604.7.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or depart ments and ordinances of the city or rules and regulations of the board.
604.7.2 Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended there to.
11 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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604.7.3
605.8
604.7.3 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presen tation of authority, the manner of such refutation to be determined by the board or hearing examiner.
604.7.4 Inspection of the premises. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present dur ing the inspection, and (iii) the board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner.

SECTION 605 - METHOD AND FORM OF DECISION
605.1 Hearing before Board Itself. When a contested case is heard before the board itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision.
605.2 Hearing before Examiner. If a contested case is heard by a hearing examiner alone, the examiner shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examin er's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be ad opted by the board as its decision in the case. All examiner's re ports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board.
12 1997 ABATEMENT OF DANGEROUS BUILDINGS
605.3 Consideration of Report by Board-Notice. The board shall fix the time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each in terested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of the parties.
605.4 Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written excep tions to any part or all of the examiner's report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the board, any party may present oral argument to the board.
605.5 Disposition by the Board. The board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision.
605.6 Proposed Decision Not Adopted. If the proposed deci sion is not adopted as provided in Section 605.5, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a report and proposed decision as provided in Section 605.2 hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section.
605.7 Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues pre sented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. 605.8 Effective Date of Decision. The effective date of the de cision shall be as stated therein.

ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL

OR THE BOARD OF APPEALS
SECTION 701 - COMPLIANCE
701.1 General. After any order of the building official or the board of appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, ne glect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. 701.2 Failure to Obey OrdCl~ If, after any order of the building official or board of appeals made pursuant to this code has be come final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Section 701.1 or (ii) in stitute any appropriate action to abate such building as a public nuisance.
701.3 Failure to Commence Work. Whenever the required re pair or demolition is not commenced within 30 days after any fi nal notice and order issued under this code becomes effective:

1. The building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING

DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.

Building Official
....... of ...... .

2. No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal or dered by the building official have been completed and a certifi cate of occupancy issued pursuant to the provisions of the Building Code.

3. The building official may, in addition to any uther remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dan gerous as set forth in the notice and order; or, if the notice and or- der required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demo lition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawful ly entitled thereto.

SECTION 702 - EXTENSION OF TIME TO PERFORM
WORK
Upon receipt of an application from the person required to con form to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the no tice and order.

SECTION 703 - INTERFERENCE WITH REPAIR OR

DEMOLITION WORK PROHIBITED
No person shall obstruct, impede or interfere with any officer, em ployee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursant to the provisions of this code, whenever such officer, employee, contractor or autho rized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursant to the provisions of this code, or in per forming any necessary act preliminary to or incidental to such work or authorized or directed pursant to this code.
13 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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1997 ABATEMENT OF DANGEROUS BUILDINGS 801
802.2
Chapter 8

PERFORMANCE OF WORK OF REPAIR OR DEMOLITION
SECTION 801 - GENERAL
801.1 Procedure. When any work of repair or demolition is to be done pursuant to Section 701.3, Item 3, of this code, the build ing official shall issue an order therefor to the director of public works and the work shall be accomplished by personnel of this ju risdiction or by private contract under the direction of said direc tor. Plans and specifications therefor may be prepared by said director, or the director may employ such architectural and engi neering assistance on a contract basis as deemed reasonably nec essary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.
801.2 Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obliga tion of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.

SECTION 802 - REPAIR AND DEMOLITION FUND
802.1 General. The legislative body of this jurisdiction shall es tablish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the director of public works to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.
802.2 Maintenance of Fund. The legislative body may at any time transfer to the repair and demolition fund, out of any money in the general fund of this jurisdiction, such sums as it may deem necessary in order to expedite the performance of the work of re pair or demolition, and any sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction who shall credit the same to the repair and demolition fund.
15 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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1997 ABATEMENT OF DANGEROUS BUILDINGS 901
909
Chapter 9

RECOVERY OF COST OF REPAIR OR DEMOLITION
SECTION 901 - ACCOUNT OF EXPENSE, FILING OF
REPORT
The director of public works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 701.3, Item 3, of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3.

SECTION 902 - NOTICE OF HEARING
Upon receipt of said report, the clerk of this jurisdiction shall pre sent it to the legislative body of this jurisdiction for consideration.

The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections there to. The clerk of this jurisdiction shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the clerk. Such notice shall be given at least 10 days prior to the date set for the hearing and shall specify the day, hour and place when the legislative body will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge.

SECTION 903 - PROTESTS AND OBJECTIONS
Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jurisdiction at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protest or objection the date of re ceipt. The clerk shall present such protests or objections to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered.

SECTION 904 - HEARING OF PROTESTS
Upon the day and hour fixed for the hearing, the legislative body of this jurisdiction shall hear and pass upon the report of the direc tor together with any such objections or protests. The legislative body may make such revision, correction or modification in the report or the charge as it may deem just; and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legisla tive body of this jurisdiction on the report and the charge, and on all protests or objections, shall be final and conclusive.

SECTION 905 - PERSONAL OBLIGATION OR

SPECIAL ASSESSMENT
90S.1 General. The legislative body of this jurisdiction may thereupon order that said charge shall be made a personal obliga tion of the property owner or assess said charge against the prop erty involved.
905.2 Personal Obligation. If the legislative body of this juris diction orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use of all appro priate legal remedies.
905.3 Special Assessment. If the legislative body of this juris diction orders that the charge shall be assessed against the proper ty, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall con stitute a special assessment against and a lien upon the property.

SECTION 906 - CONTEST
The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be per fected within 30 days after the entry of such judgment.

SECTION 907 - AUTHORITY FOR INSTALLMENT

PAYMENT OF ASSESSMENTS WITH INTEREST
The legislative body of this jurisdiction, in its discretion, may de termine that assessments in amounts of $500.00 or more shall be payable in not to exceed five equal annual installments. The legis lative body's determination to allow payment of such assess ments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.

SECTION 908 - LIEN OF ASSESSMENT
908.1 Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assess ments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.
908.2 Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall be come delinquent and shall bear interest at the rate of 7 percent per annum from and after said date.

SECTION 909 - REPORT TO ASSESSOR AND TAX
COLLECTOR: ADDITION OF ASSESSMENT TO TAX
BILL
After confirmation of the report, certified copies of the assess ment shall be given to the assessor and the tax collector for this 17 Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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909
912
jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal pur poses.

SECTION 910 - FILING COPY OF REPORT WITH

COUNTY AUDITOR
If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor on or before Au gust 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.

SECTION 911 - COLLECTION OF ASSESSMENT:

PENALTIES FOR FORECLOSURE
The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected 18 1997 ABATEMENT OF DANGEROUS BUILDINGS
and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes.

All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment.

If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordi nary property taxes in successive years. If any installment is de linquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes.

SECTION 912 - REPAYMENT OF REPAIR AND

DEMOLITION FUND
All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the re pair and demolition fund.

Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101306967
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Copyright © 1997 ICC. ALL RIGHTS RESERVED. Accessed by Christine Civiletti ([email protected]), (City of San Mateo) Order Number #101306967 on Jun 07, 2022 10:41 AM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY

UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.
101306967
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San Mateo City CouncilJune 20, 2022

San Mateo City Council
June 20, 2022