§ 9-8.604. Issuance of Notice and Order.

The Building Official shall issue a Notice and Order directed to the record owner of the building. The Notice and Order shall contain the following:

(a)

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

(b)

A statement that the Building Official has found the building to be unsafe, unfit for human occupancy, or is unlawful, with a brief and concise description of the conditions found to render the building unsafe, unfit for human occupancy, or is unlawful under the provisions of this chapter.

(c)

A statement of the action required to be taken as determined by the Building Official.

(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 that the work be physically commenced within such time (not to exceed sixty (60) days from the date of the Order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.

(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 certain time from the date of the Order as determined by the Building Official to be reasonable.

(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 reasonable (not to exceed sixty (60) days from the date of the Order), that all required permits be secured therefor within sixty (60) days from the date of the order and that the demolition be completed within such time as the Building Official shall determine is reasonable.

(d)

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.

(e)

The Notice and Order shall establish a daily amount of civil penalties. The Building Official shall determine the daily amount of civil penalties pursuant to the criteria set forth in Article 3 of Chapter 6 of Title 1 of the Modesto Municipal Code.

(f)

The Notice and Order shall identify a date when civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the Notice and Order until the violations are corrected.

(g)

Statements advising (i) that any person having any record title or legal interest in the building may appeal from the Notice and Order of any action of the Building Official to the Board of Building Appeals, provided the appeal is made in writing, as provided in this Code, and filed with the Building Official within thirty (30) days from the date of service of such Notice and Order, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(Ord. 3513-C.S., § 2, effective 6-12-09)