West Sacramento, CA (MPG) - In October 2014, the City of West Sacramento Code Enforcement Department received a complaint from a resident living in a multi-tenant building at 3500 Jefferson Blvd. This building has five rental units. The tenant complained about numerous problems, which included holes in the walls, a wall heater that required the pilot light to be re-lit each time it was used, and a back door with no door handle.

When an inspection took place, numerous unpermitted repairs to the exterior building were also discovered. Windows did not close or were broken, there were missing window screens, a toilet was unsecured to the floor, the foundation was failing, and there were cracks in the walls and ceilings, dry rot, and doors that did not open properly. In addition, both smoke and carbon monoxide detectors were missing and the water heater had not been installed to comply with the building code.

There was no ground-fault circuit interrupter protection at kitchen counter receptacles, and the breakers in the sub panel were not labeled. The bedrooms appeared to be settling, and there were uneven floors throughout one unit. Multiple violations were also discovered in other rental units of the property. A Code Enforcement Department Hearing Report was filed, stating that “a nuisance existed and ordering the property owner to abate, by way of rehabilitation or demolition, all of the identified violations pursuant to Title 19 of the City’s Municipal Code.”

As of June 29th, 2015, no permits had been issued for the property and no changes had been made. The property owners appealed the hearing officer’s decision in August and did not contest the findings, but insisted that their property was not in violation of the California Health and Safety Code.

After the Code Enforcement Officer made an inspection and filed a report, the property owner received a Notice to Abate. Yolo County Health Department was notified of the problems. Repairs needed to be made in order to prevent any life-safety issues from occurring.

The owners of the property appealed the decision made by Hearing Officer Ryan J. Raftery, citing California Health and Safety Code section 17920.3. CHS Codes include bad plumbing, pest infestations, and structural and appliance problems. The owners of the property disagreed with the finding that the property was infested with insects, vermin, or rodents, as there were no photographs, and no written declarations had been provided.

At the last meeting of the Board of Appeals, the owners of the property were present with legal representation from the Law Office of Aldon Bolanos. The attorney maintained that the infestation was not determined by a CE Officer who had completed a course of study in the appropriate subject matter as determined by the local jurisdiction.

The Board of Appeals disagreed with the argument and rejected the appeal. They affirmed the Hearing Officer’s decision, and compelled the property owners to obtain the appropriate permits, abate all nuisance and substandard property conditions, and pay the City of West Sacramento for incurred fees.

All businesses and property located in the City of West Sacramento are subject to review as needed. Code enforcement and City ordinances must be followed. The Municipal Code of West Sacramento states that “any building, dwelling, guestroom, or suite that endangers the life, limb, health, property, safety, or welfare of the occupants or the public is declared to be a substandard building. The unsafe conditions throughout the residential complex, unpermitted work done not to code, exposed wiring, modified gas wall heaters, uneven floors, doors, and windows out of plumb, secondary exit doors out of plumb and unable to be opened. These conditions constitute a substandard building.”

The Board of Appeals serves as the code appeals board, relocation appeals board, and the hazardous materials advisory commission.

Sources: City of West Sacramento Board of Appeals, July 22^nd and October 14th, 2015. CHSC Section 17920.3