§ 11-333. FAILURE TO COMPLY WITH A FINAL ORDER.  


Latest version.
  • (a)

    After any Notice and Order of the Building Official made pursuant to this article shall have become a final order, either by decision of the Building Commission affirming or modifying the same, or by failure to file an appeal within the time prescribed herein, no person or entity shall fail, neglect, or refuse to obey any such order. Any such person or entity who fails to comply with any such order is guilty of a misdemeanor.

    (b)

    If, after any Notice and Order of the Building Official made pursuant to this article has become a final order, as described in Subsection (a) above, and the responsible party has failed to timely commence the corrections or failed to timely complete the corrections, as required by the final order, the Building Official may:

    (1)

    Cause the building to be vacated by posting pursuant to subsection (c) until the repair or rehabilitation is complete or the building or structure demolished; and/or,

    (2)

    Issue administrative citations pursuant to Section 1.105 et seq.; and/or

    (3)

    Request the City Attorney to exercise his/her discretion in the alternative, or cumulatively, to institute court action; and/or,

    (4)

    Proceed with administrative abatement by scheduling an administrative enforcement hearing, pursuant to subsection (d);

    (5)

    Secure the building or structure against entry;

    (c)

    If the Building Official proceeds under subsection (b)(1), the Building Official may cause the substandard building to be vacated by posting at each entrance thereto a notice reading:

    SUBSTANDARD BUILDING
    DO NOT OCCUPY
    BUILDING OFFICIAL OF THE CITY OF FRESNO

    It is a misdemeanor to occupy this building or to remove or deface this notice.

    Fresno Municipal Code Section 11-424.

    No person shall occupy any building which has posted. No person shall enter any building which has been posted except that entry may be made to repair, demolish, or remove such building or as otherwise permitted by the Building Official.

    No person shall remove or deface any such notice until the repairs, demolition, or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of the Fresno Building Code.

    (d)

    If the Building Official elects to proceed with administrative abatement of such violation pursuant to subsection (b)(4), the Building Official shall schedule and notice an administrative abatement hearing under Chapter 1, Article 4. Notice of the hearing shall be served in the same manner as the Notice and Order. The Notice shall state how the city intends to abate the nuisance, i.e., demolition and that said abatement will be done at the expense of the owner. The notice shall direct the owner to appear before the City Hearing Officer and show cause why such building should not be found to be a nuisance and said nuisance be abated by the city, in the manner proposed by the city at the cost and expense of the record owner. The hearing shall be set no earlier than 15 calendar days from the date of service. The Hearing Officer shall be limited to considering evidence respecting the condition of said building or structure, the estimated cost of repair or rehabilitation and the estimated value of the building or structure, solely for the purpose of confirming, modifying or rejecting the Building Official's abatement procedure as set forth in the Notice and Order. The Hearing Officer shall consider and the order shall include a reflection on the economic feasibility or infeasibility of repair and consider the need for housing as expressed in the current housing element. The Hearing Officer shall then confirm, modify or reject the Building Official's proposal for administrative abatement. If the Hearing Officer confirms or modifies the Building Official's proposal for administrative abatement, the Hearing Officer shall issue an order directing the Building Official to proceed with administrative abatement as confirmed or modified at the owner's expense.

    (e)

    Reserved.

    (f)

    Recovery of Abatement Costs. The city shall recover the costs of abatement incurred under the provisions of this article, pursuant to Chapter 1, Article 5 of the Code.

(Added Ord. 97-69, § 2, eff. 1-4-98; Am. Ord. 2002-51, § 24, eff. 10-31-02; Am. Ord. 2005-14, §§ 17, 46, eff. 4-9-05).