§ 11-414. NOTICE AND ORDER.

(a)  Issuance. The Building Official may issue a Notice and Order. The Notice and Order shall contain:

(1) The street address and assessors parcel number of the premises on which the building or structure is located, sufficient for identification;

(2) Reference to all code sections violated with a brief and concise description of the conditions found which render the building dangerous under the terms of one or more sections of this code or any applicable state law.

(3) A statement of the required action to permanently correct outstanding violations, which may include any or all of the following measures:

(i)  Repair and Rehabilitation. If the Building Official determines that the building or structure can be reasonably repaired, the Notice and Order shall advise that all required permits be obtained and work physically commenced within a reasonable time. The Notice and Order shall also establish a reasonable time to complete all repairs.

(ii)  Repair or Demolition. If the Building Official determines that the building or structure cannot be economically feasibly repaired, the Notice and Order shall advise that all required permits be immediately obtained and that repair or demolition shall be commenced within a reasonable time. The Notice and Order shall also establish a reasonable time to complete the repair or demolition.

(4) A statement enumerating the action that can be taken by the city should the responsible party fail to comply with the terms and deadlines as prescribed in the Notice and Order.

(5) A statement advising that any person having any record title or interest in the building may appeal any Notice and Order served, provided the appeal is made in writing, pursuant to Article 5 of Chapter 11 of this code, within 15 days of the service of the Notice and Order. Failure to file an appeal in accordance with this article shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or any portion thereof.

(6) If the building is used or intended to be used for dwelling purposes, a statement advising the owner that in accordance with sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year.

(b)  Service.

(1) The Notice and Order, or any amended Notice and Order, shall be served on the following parties:

(i) The record owner of the property; and,

(ii) The holder of a mortgage holder, deed of trust or other lien holder on the property, if recorded or otherwise actually known to the Building Official at the time the Notice and Order is served.

(iii) If different than (i) or (ii) above, the tenant of any building or structure pursuant to California Health and Safety Code Section 17980(c).

(2) Service shall be completed in the following manner:

(i) Posting the notice conspicuously on or in front of the property; and,

(ii) Simultaneously, the same notice shall be sent by regular mail and certified mail (return receipt requested). If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. Service by certified or regular mail in the manner described above shall be effective on the date of mailing. Tenants do not need to be served with Notice and Order under this subsection, posting of the building or structure under subsection (i) above is sufficient; or

(iii) Personal service;

(iv) If the Building Official is unable to effectively serve the Notice and Order as permitted under subsection (b)(2)(i), (ii) or (iii) above, the Building Official may publish the Notice and Order in a newspaper of general circulation (as defined in Govt. Code § 6000), published in this jurisdiction. Publication of the Notice and Order pursuant to this section shall be for ten days. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day. Publication shall be made on each day on which the newspaper is published during the period. Service is deemed complete on the last day of publication.

(3) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this article.

(4) Proof of service of the Notice and Order shall be documented at the time of service by a declaration under penalty of perjury, executed by the person effecting service, declaring the time and manner in which service was made. If service is effectuated by certified mail, 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.

(c) Recording of Notice and Order. At the time the Notice and Order is served the Building Official may record with the County Recorder a notice of pending administrative action. When the Notice and Order becomes final pursuant to Section 11-420(a), the Building Official shall file in the office of the County Recorder a certificate legally describing the property and certifying that the building is a dangerous building and the owner has been so notified. Whenever the corrections ordered shall have been completed, or the Notice and Order reversed, modified or set aside by the Building Commission upon appeal, so that the building 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 Recorder that the building has been demolished or removed or is no longer dangerous. (Added Ord. 97-70, § 2, eff. 1-4-98).