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HomeMy WebLinkAboutMINUTES - 11042008 - SD.3 e t TO: BOARD OF SUPERVISORSsE L °� Contra FROM: PUBLIC PROTECTION COMMITTEE Costa s-� DATE: OCTOBER 31, 2008 County SUBJECT: POSSIBLE MEASURES TO MITIGATE_ THE IMPACT OF THE HOUSING FORECLOSURE CRISIS ON LOCAL COMMUNITIES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT status report on possible measures to mitigate the impact of the housing foreclosure crisis on local communities. 2. INTRODUCE'Ordinance No. 2008-29, amending the County Vacant Structures Ordinance to shorten the time period for abating vacant structures; WAIVE READING, and FIX November 18, 2008 for adoption. 3. FIND for the purposes of compliance with the California Environmental Quality Act(CEQA)that the proposed ordinance text amendment is exempt pursuant to CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the proposed ordinance change will have a significant effect on the environment. 4. REQUEST the Committee to report back to the Board on November 18, 2008 with recommendations for allocating Housing and Economic Recovery Act of 2008,Neighborhood Stabilization Program funding. CONTINUED ON ATTACHMENT: YES SIGNATURE: ❑,RECOMMENDATION OF COUNTY ADMINISTRATOR ® RECOMM N ATION OF BOARD COMMITTEE ®APPROVE ❑ OTHER SIGNATURE(S): JOHN GIOIA, CHAIR FEDERAL D.GLOVER ACTION OF BOARD ONJV o 1 APPROVED AS RECOMMEN D OTHER ❑ VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND �UNANIMOUS.(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED: NOVEMBER 4, 2008 Contact: JULIE ENEA(925)335-1077 DAVID J.TWA,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: COUNTY ADMINISTRATOR CONSERVATION&DEVELOPMENT DIRECTOR DISTRICT ATTORNEY ` COUNTY COUNSEL By: eputy Mitigating Community Impacts of the Housing Foreclosure Crisis October 31,2008 Public Protection Committee Page 2 Back rg o At the May 23, 2008 Public Protection Committee (PPC)meeting, Bay Point resident Mark Sullivan commented on community issues resulting from the high number of foreclosed homes, such as property dereliction and associated public health.issues, theft, vandalism, and reduced property values. Communities in Contra Costa County have been impacted by the foreclosure crisis. According to foreclosuredata.com, as of July 2, 2008, there were 2,616 properties in a foreclosed or prospective foreclosure situation. The situation appears most acute in Antioch, Concord, Pittsburg/Bay Point, Richmond, and San Pablo. Many foreclosed homes have been abandoned, leaving behind junkyard conditions, and abandoned animals. Many become magnets for squatters and are neither secured nor maintained for months. Some homeowners at risk of losing their homes to foreclosure have been the victims of fraud while exploring ways to keep their homes. In addition to the loss a homeowner experiences due to a foreclosure, the problems for the neighborhood are substantial and remain for months. The PPC decided to schedule for discussion the foreclosure crisis and ways to address the fallout from the crisis impacting neighborhoods and resulting in blight at its June 16 meeting, and invited staff from the appropriate County departments and Vector Control to attend the discussion. The PPC had a thorough discussion about the impacts that local communities are currently experiencing and their relative severity. The Mosquito Abatement and Vector Control District representative reported that mosquito breeding issues in pools at homes that have been foreclosed or at which the occupants cannot afford to maintain the pools have increased from 700 pools last year to 2,000 pools this year. Chief Richter advised that the fire district's involvement typically occurs due to weed abatement needs, which generally take 4-6 weeks to complete and are funded through payment by the property owner or property lien. It was observed that government response is generally complaint driven. However, the District Attorney's Office proactively sends out notices to owners of properties that are pending.foreclosure to warn the owners of fraud risks and consumer scams. The PPC outlined the following issues for further research and discussion: ♦ Is there a way to accelerate the intervention/abatement process? ♦ How can the County proactively move any change to the process forward? ♦ Can blanket liability waivers from foreclosed property lenders be obtained so that the County can access the property? ♦ Can Redevelopment Agency funds be made available for cleaning up abandoned properties? The Committee directed staff to research ways in which to address these blighting conditions and suggest funding sources for these efforts. On June 18 and July 8, 2008, staff met to discuss ideas and brought the following information back to the PPC on August 4: Mitigating Community Impacts of the Housing Foreclosure Crisis October 31,2008 Public Protection Committee Page 3 Abatement Process Current Process. Under current Building Inspection Division(BID)policy, nuisance vacant properties are abated in the same manner as any other code enforcement action, a process that usually a minimum of six months. These procedures are geared to provide maximum notification to ensure that the property owner fully understands the violations and has ample time to correct them, the goal being voluntary compliance by the owner. Alternate Process. County Code Chapter 720-4, also known as the Vacant Structures Ordinance (VSO), sets up alternate procedures to abate vacant structures. With the current emphasis on the increasing number of vacant homes due to foreclosures, Department of Conservation and Development (DCD) staff advocates a change in policy to more closely follow chapters 720-4 for abatement of these cases. The use of the procedures in the VSO provide for the abatement of a vacant house in approximately 60 days, instead of the 120-180 days it currently takes. The VSO only requires one notification letter be sent and posted on the property prior to proceeding with the abatement. It should be noted that abatement of a vacant structure under the VSO is complete when the property meets the standards listed in County ordinance 720-4.406 as follows: 1) All waste, rubbish or debris removed from the interior of the structure, 2) All waste, rubbish, debris or excessive vegetation removed from the premises surrounding the vacant structure, 3) All unsecured doorways, windows, or exterior openings barricaded with plywood, 4) All utility services to the building disconnected by removal of the meters and termination of electric power at the pole, 5) Capping of the sewer, 6) The premises posted with metal "DO NOT ENTER" signs at or near each entrance to the structure and on fences or walls, 7) A fence around the property. Under the VSO, the owner of a vacant property must bring the property into compliance with the above standards after receiving notice from the County.. Currently, under section 720-4.606 of the VSO, a property owner must obtain a boarding permit within 30 days of receiving notice from the County, and must board the vacant structure 10 days after receiving a boarding permit. The abatement of a vacant home under the VSO as currently written takes approximately 60 days. Streamlined Alternate Process. The PPC directed staff to draft an ordinance to amend Section 720-4.606 to reduce the 30-day notice period to 10 days. Under the amending ordinance, attached as Attachment#I for introduction today, a property owner would be required to obtain a boarding permit within 10 days of receiving notice from the County, and,would be required to board the vacant structure 10 days after receiving a boarding permit. If this ordinance change is implemented, a vacant home could be brought into compliance with the above standards in approximately 40 days. The amending ordinance also authorizes the County to board an unsecured vacant structure if a property owner does not apply for a boarding permit within the 10-day period, or if the property owner does not board the structure within 10 days after a boarding permit is issued. The ordinance further provides that the County may maintain a property where a vacant structure is located, including the abatement of graffiti, and recover its costs, if the property owner does not maintain the property after receiving notice. Mitigating Community Impacts of the Housing Foreclosure Crisis October 31,2008 Public Protection Committee Page 4 Staff is also investigating the possibility of streamlining the process for entering into agreements with abatement contractors. Senate Bill (SB) 1137 Another tool that has recently been given to local agencies, and shown on the attached flowchart, is Senate Bill 1137, also known as Civil Code section 2929.3. Civil Code section 2929.3 requires a legal owner to maintain vacant residential real property purchased by that owner at a foreclosure sale or acquired by that owner through foreclosure under a mortgage or deed of trust. Under section 2929.3,the County may impose a civil fine of up to $1,000 per day on a legal owner who purchased or acquired foreclosed property if the owner fails to maintain the property. The statute applies to banks that acquire title through the foreclosure process as well as to individual property owners. Under section 2929.3, "failure to maintain" means the failure to adequately care for the exterior'of the property, including but not limited to permitting excessive foliage growth that diminishes the value of surrounding properties, failing to take action to prevent trespassers or squatters from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water. If the County chooses to impose a fine under.section 2929.3, the County must give notice of the claimed violation, including a description of the conditions giving rise to the violation. Notice is mailed to the address specified in the deed. The notice must give the legal owner time to correct the violation before. imposing a fine. The owner must be given at least 14 days to begin correcting the violation and at least 30 days to finish correcting it. No fine can be imposed before the end of the correction period established in the notice. The maximum fine is $1,000 for each day that the owner fails to maintain the property, beginning on the day after the end of the correction period established in the notice. In determining the amount of the fine, the County must consider any timely and good faith efforts by the owner to correct the violation. The County must give the legal owner an opportunity to contest the fine at a hearing. The statute also requires fines collected pursuant to section 2929.3 to be directed to the County's nuisance abatement program. The County may not impose fines under section 2929.3 and under its ordinances at the same time, but section 2929.3 does not preempt any County ordinances. The statute does not authorize the imposition of a lien against the subject property, so presumably the fines would be collected in the same manner as other County debts; that is, first by administrative efforts, then by referral to the Office of Revenue Collection, and finally through the judicial system. Civil Code section 2929.3 went into effect on July 8, 2008, and will remain in effect until January 1, 2013. Besides giving the power to levy fines, SB 1137 contains no other tools to aid local agencies in the abatement of nuisance properties. Notices to At-Risk Home Owners The District Attorney's (DA) office has been sending notices to homeowners at risk of losing their homes to foreclosure. DA staff reviews the published legal notices from the Contra Costa New Register and pulls out Mitigating Community Impacts of the Housing Foreclosure Crisis October 31,2008 Public Protection Committee Page 5 the default notices to send a letter warning a homeowner of scams. A sample of the letter, both in English and Spanish, is attached as Attachment 2. DA staff has participated in forums on the foreclosure crisis in both the east and west County areas to help at-risk property owners from being victimized by scam artists. One of the more recent scams has been a third party (non-owner) renting out a vacant home, only to have an unknowing renter evicted by the actual owner. DCD also recommends sending a copy of the attached letter(Attachment 3), entitled "Contra Costa County Department of Conservation& Development Information about Foreclosures" to homeowners informing them of their responsibilities and options if their home goes into foreclosure. The mailing list will be pulled from the Contra Costa News Register, which lists properties in the county that are at risk of foreclosure. Financing Abatements Staff costs to gain compliance of vacant foreclosed homes currently involve approximately 11 percent of an inspector's time, plus administrative support, property title search costs, contractor costs and other miscellaneous expenses. An average cost of boarding up of a vacant building is approximately $5,000, with costs going up if property clean-up is also necessary. Oftentimes, property title changes several times before a foreclosed property is finally reoccupied by a new owner. The changing title results in the need for staff to start any proceedings from the beginning. For these reasons, it is often difficult to recover costs incurred by the County. Aside from fines imposed under Section 2929.3 of the Civil Code described above, some possible funding sources to cover costs associated with abatements are described below: 1. Housing and Economic Recovery Act of 2008 Neighborhood Stabilization Program The Housing and Economic Recovery Act of 2008 Neighborhood Stabilization Program was examined in greater detail at the PPC's October 6 meeting. The Housing and Economic Recovery Act of 2008 was signed into law on July 30, 2008 and provides nearly$4 billion nationwide for a new program called the Neighborhood Stabilization Program(NSP). NSP provides targeted emergency assistance to state and local governments to acquire and redevelop foreclosed properties that might otherwise be abandoned and become a source of blight within our communities. Contra Costa County(except for Antioch, Concord, Pittsburg, Richmond, and Walnut Creek, which are "entitlement jurisdictions") is expected to receive about $6 million in NSP funding. Of the five County entitlement jurisdictions, only Antioch and Richmond will receive NSP allocations. The U.S. Department of Housing and Urban Development (HUD)requires the priority emphasis and consideration be given to low and moderate income areas with the greatest need, i.e.,the greatest percentage of home foreclosures and the highest percentage of homes financed by a subprime mortgage related loan. Preliminary data indicate that North Richmond, Bay Point, Oakley, Brentwood, and San Pablo should receive high consideration in this County. In order to access NSP funds, the County must provide public notification and enter into a contract with HUD, including an expenditure plan, by December 1. For this reason, the PPC has scheduled a special meeting on November 10 to discuss this matter and will return to the Board on November 18 with specific recommendations. Mitigating Community Impacts of the Housing Foreclosure Crisis October 31,2008 Public Protection Committee Page 6 2. Redevelopment Funds Redevelopment funds could be used to alleviate blight in a community. The Agency currently budgets non-housing funds for Dumpster Grants (Bay Point), Community Preservation Program (Rodeo), and an Abatement Revolving Loan Program (North Richmond). In addition, the Redevelopment Agency partially funds an abatement attorney in County Counsel (approximately 48,000 annually). If warranted, these programs could be expanded in the Fiscal Year 2008/09 budgets to address the current crisis within the redevelopment areas of Bay Point, Rodeo, Montalvin Manor, and North Richmond. Funds would not be eligible for use outside of the redevelopment project area boundaries. State Legislation(AB 2594) is pending that would allow Redevelopment Agencies to use non-housing funds to acquire foreclosed properties and resell them to qualified buyers. If the units are deed restricted (an option for the Redevelopment Agency),the Agency would be eligible for limited credit for the creation of affordable housing units. Property acquisition/resale activity is not limited to the redevelopment project areas. AB2594 does not require a deed restriction. 2. Keller Funds (East County Keller Canyon Mitigation Funds could be allocated to assist with the increase in Code Enforcement and abatement costs within the District V area. 5. Good Neighbor Program (Rodeo/Crockett/Tormey The Conoco Phillips Good Neighbor Grant program considers funding requests for use in the Rodeo and Crockett area of West Contra Costa County. The program may be a source for additional funding to cover the cost of abatements. 6. Transfer Station(West County Discretionary funds from the Transfer Station in North Richmond could assist in financing additional code enforcement efforts in District I. ORDINANCE NO. 2008-29 REGULATION OF VACANT STRUCTURES The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance amends provisions of the County's Vacant Structures Ordinance, Chapter 720-4 of the Ordinance Code, to require a property owner to apply for a boarding permit within 10 days after a vacant structure becomes unsecured. An unsecured vacant stnicture is a vacant structure where one or more doors, windows, or other openings are broken or missing. This ordinance also authorizes the County to board an unsecured vacant structure if a property owner does not apply for a boarding permit no later than 10 days after receiving notice from the County or does not board the structure no later than 10 days after a boarding permit is issued. SECTION II. Section 720-4.208 of the County Ordinance Code is amended to read: 720-4.208 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a) "Owner"means a person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. (b) "Property" includes.tracts, lots, easements, or parcels of land and any and all improvements thereon. . (c) "Unsecured"means a structure where one or more doors, windows, or other openings are broken or missing. (d) "Vacant Structure" means any building, dwelling, or other structure: (1) that lacks the habitual presence of persons who have a legal right to be on the premises or at which substantially all lawful business operations or residential occupancy has ceased; and (2) where either of the following conditions exist: (A) the structure is unsecured; or ORDINANCE NO. 2008-29 1 . (B) the structure's exterior or premises contain any waste, rubbish, debris, excessive vegetation, or graffiti. (Ords. 2008-29 § 2, 2002-46 § 3.) SECTION III. Section 720-4.402 of the County Ordinance Code is amended to read: 720-4.402 Duty of Property Owner. Every owner shall maintain property in accordance with the provisions of this chapter and correct all violations of this chapter, and is liable for violations of this chapter regardless of any contract or agreement with any third party concerning the property. If more than one person or entity holds any portion of the fee interest in the property, the owners' obligations under this chapter are joint and several as to each owner. (Ords. 2008-29 § 3, 2002-46 § 3.) SECTION IV. Section 720-4.404 of the County Ordinance Code is amended to read: 720-4.404 Duty to Maintain Property. It is unlawful for property to be maintained in such a manner that any one or more of.the conditions described in the following subsections are found to exist: (a) Any vacant structure whose interior, exterior, or premises contain any waste,rubbish, debris, excessive vegetation, or graffiti. (b) Any unsecured vacant structure that is not secured by boarding in compliance with Section 720-4.406. (c) Any'vacant structure secured by boarding or any other method permitted by Section 720- 4.406, at any time at which there is no current and valid boarding penult as required by Section 720-4.412. (Ords. 2008-29 § 4, 2002-46 § 3.) SECTION V. Section 720-4.406 of the County Ordinance Code is amended to read: 720-4.406 Standards for Securing and Maintaining a Vacant Structure. The owner shall secure and maintain a vacant structure according to the following specifications and requirements: (a) All waste, rubbish, debris, excessive'vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises. (b) If a vacant structure is unsecured, the vacant structure shall be secured as follows: (1) Barricade all unsecured doorways, windows, or exterior openings with minimum one-half inch thickness exterior glade plywood which shall extend to the molding stops or studs. ORDINANCE NO. 2008-29 (2) Mount at least two wood stocks of minimum two by four inch thickness to the reverse face of the plywood with minimum three-eighths inch carriage bolts mated with nuts and two flat washers. (3) Extend the stock a minimum of eight inches on each side of the interior wall. (4) Cause all hardware to be galvanized or cadmium plated. (5) Paint all exterior barricade material the predominant color of the structure. (6) In lieu of requiring the owner to board a vacant structure using the materials and methods of constriction specified in this subsection, the County Building Official may authorize the owner to board the vacant structure using one or more alternative materials or methods of construction, provided the County Building Official determines the proposed alternative adequately prevents unauthorized entry or vandalism to the vacant structure. (c) All utility service to the dwelling or building must be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the County Building Official as to the electric utility service if electricity is needed to power exterior security lighting ,an alarm system, or equipment to be used in connection with rehabilitation of the dwelling or building for which there is an active and current building permit. (d) If applicable, the sewer must be capped in a-manner approved by the County Building Official to prevent the accumulation of methane gas in the dwelling or building. (e) Post the premises. One or more metal signs must be posted at or near each entrance to the .structure and on fences or walls as appropriate. The signs must remain posted until the stricture is either lawfully occupied or demolished. Signs must contain the following information: DO NOT ENTER. It is illegal to enter or occupy this building or premises or to remove or deface this notice. Trespassers will be prosecuted. (Contra Costa County Ordinance Code, California Penal Code.) (f) The County Building Official may require the owner to erect a fence that meets the specifications of the building inspection division on the property where the vacant structure is located. Any fence erected in accordance with this section shall be maintained in a safe condition without tears, breaks, rust, or dangerous protuberances. (Ords. 2008- 29 § 5, 2002-46 § 3.) ORDINANCE NO. 2008-29 3 SEC'T'ION VI. Section 720-4.412 of the County Ordinance Code is amended to read: 720-44.412 Permit Required for Boarding a Vacant Structure. (a) No.unsecured vacant structure shall be secured by boarding or any means other than the conventional method used in the original construction and design of the structure unless a. boarding permit has been'first issued by the County Building Official. (b) An owner of an unsecured vacant structure must apply to the County Building Official for a boarding permit within 10 days after the vacant structure becomes unsecured. (c). The application.for a boarding permit shall include all of the following information: (l) The expected period of vacancy. (2) A plan for regular maintenance during the period of vacancy. . (3) . A plan and timeline for the lawful occupancy; rehabilitation or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the structure. (d) The County Building Official will issue a boarding permit required by subsection (a) upon the submission of a complete and accurate boarding permit application by the owner of the structure and upon payment of the required fee. (e) The owner of an unsecured vacant structure must board or otherwise secure the vacant structure in compliance with Section 720-4.406 no later than-10 days after a boarding . permit is issued. The County Building Official will confirm through inspection that the boarding or other method of securing the structure has been completed in compliance with Section 720-4.406. (f) The boarding permit issued pursuant to this section shall authorize the boarding or other securing of a structure for a period of no greater than six months from the date of issuance. (g) The boarding permit may be renewed after the initial period for up to an additional six months,upon the submission of a written application by the.owner. The submission of the.application must occur no later than 10 days before the original permit expires, upon the payment of the required fee and upon the confirmation through inspection by the County Building Official that the boarding or other method of securing the structure has been completed in accordance with Section 720-4.406. The application shall include the ORDINANCE NO. 2008-29 4 information required by subsection (c). (h) A boarding permit may not be extended beyond the renewal period nor may a new application for the same structure be accepted by the County Building Official within one year of the expiration date of the prior permit, unless all of the following occur: (1) The owner of the structure submits a written application for extension that includes the information required by subsection (c). (2) The owner of the structure pays the required fee. (3) The County Building Official confirms through inspection that the boarding or other method of securing the structure has been done in compliance with Section 720-4.406. (4) Good cause for the renewal exists. "Good cause" requires a showing by the owner that the permit renewal is made necessary by conditions or events beyond the owner's.control, such as inability to obtain financing for repair or rehabilitation or locate a suitable buyer despite diligent efforts to do so, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. If the County Building Official determines that good cause exists to renew the permit and that all other conditions are met, the permit may be renewed by the County Building Official for one or more six-month terms, subject to the conditions imposed on the original renewal permit. (Ords. 2008-29 § 6, 2002-46 § 3.) SECTION VII. Section 720-4.606 of the County Ordinance Code is amended to read: 720-4.606 Notice to Secure and Maintain a Vacant Structure. (a) If the County Building Official determines that a violation of this chapter exists, the County Building Official may transmit a Notice to Secure and Maintain a Vacant Structure to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412. (b) The Notice to Secure and Maintain a Vacant Structure will contain the following information: (1) The street address or other legal description of the property. (2) A statement of the conditions constituting the violation and a description of how the violation must be abated. ORDINANCE NO. 2008-29 i Q) An order that all waste, rubbish, debris, excessive vegetation, and graffiti shall be regularly removed from the vacant structure's interior, exterior, and premises. (4) If a vacant structure is unsecured, an order that the owner do both of the following: (A) Apply for a boarding permit no later than 10 days after the transmittal date specified on the Notice to Secure and Maintain a Vacant Structure. (B) Board or otherwise secure the vacant structure in compliance with Section 720-4.406 no later than 10 days after the.boarding permit is issued. (5) A statement that if the.violation is not abated within the time specified, the County may abate the violation in accordance with Section 720-4.610. (6) The order may require the owner to erect a fence in accordance with Section 720-4.406. (7) A statement that the owner has the right to submit in writing any information relating to a determination of the existence of a violation. If the County Building Official determines that an effort is being.made to correct the violation, he or she may grant an additional period of time for correction of the violation. (c) Within 10 days after the date a Notice to Secure and Maintain a Vacant Structure is transmitted to the owner, the owner may appeal the notice to the Board of Supervisors in accordance with Section 14-6.416. (Ords. 2008-29 § 7, 2002-46 § 3.) SECTION VIII. Section 720-4.608 of the County Ordinance Code is amended to read: 720-4.608 Remedies. (a) If a property owner fails to comply with the Notice to Secure and Maintain a Vacant Structure within the time specified in the notice or does not timely appeal, the County may abate the violation pursuant to.Section 720-4.610. (b) Nothing in this chapter shall be construed as requiring the securing of a substandard vacant structure prior to an abatement of the substandard building under Chapter 14-6, Division 712, or the State Housing Law (Health and.Safety Code § 17910 et seg.). If a substandard building becomes a vacant structure before or during abatement under Chapter 14-6, Division 712, or the State Housing Law, the notice and order to abate may require the securing of the building in accordance with the standards set forth in Section ORDINANCE NO. 2008-29 6 720-4.406. (c) Nothing in this chapter shall be construed to limit the County from pursuing any other remedies allowed by this code or otherwise allowed by law to enforce violations of this chapter. (Ords. 2008-29 § 8, 2002-46 § 3.) SEC'T'ION IX. Section 720-4.6.10 of the County Ordinance Code is amended to read: 720-4.610 Abatement by County. (a) If a property owner fails to comply with the Notice to Secure and Maintain a Vacant Stricture within the time specified in the notice or does not timely appeal, the County Building Official may abate the violation and recover costs as provided for in this chapter. Abatement.may include issuing a boarding permit in the name of the owner and erecting a fence. (b) After abating the violation, the County Building Official will transmit a notice to the owner by certified mail and posting, or by personal service, in accordance with Section 14-6.412. The notice will inform the owner of all of the following: (1) The owner must maintain the property in a condition that complies with this chapter. (2) If a boarding permit was issued in the name of the owner, the notice will inform the owner that the boarding permit is effective for six months; and that before the permit expires, the owner must establish a plan and timeline for..the lawful occupancy, rehabilitation or demolition of the vacant structure, or alternatively, a plan and timeline for sale of the property to another person or entity with provision in the sale for the lawful occupancy, rehabilitation or demolition of the structure. (3) If the County Building Official erects a fence, the notice will inform.the owner that the owner must maintain the fence in a condition that complies with this chapter. (4) A description of the actual work of abatement performed. (5) A statement that the owner is responsible for permit fees and the costs of abatement, including the cost to perform the actual work, the cost of materials, administrative costs, and inspection and reinspection costs. (c) If a boarding permit is issued pursuant to subsection (a) of this section-, the permit may be ORDINANCE NO. 2008-29 7 renewed by the County Building Official or by the owner in accordance with Section 720- 4.412. (d) If the County Building Official abates a violation under this section and the owner fails to. maintain the property in a condition that complies with this chapter. the County Building Official may maintain the property and recover costs as provided for in this chapter. (Ords. 2008-29 § 9, 2002-46 § 3.) SECTION X. Section 720-4.618 of the County Ordinance Code is,repealed.in its entirety. SECTION XI. EFFECTIVE BATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in'the Contra Costa Times, a.newspaper published in this County. PASSED on by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID TWA, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy TLG: H:\2008\Code Enforcement\vacant structwrc revise ord-final2.wpd ORDINANCE NO. 2008-29 8