Notice & Order to Vacate

Notice & Order to Vacate

Common Questions:

Why did I receive a Notice and Order to Vacate (NAO)?

According to the San Leandro Municipal Code, your structure has one or more violations. Affixed to the structure you will find the NAO accompanied by the Red Tag. Do not remove the Red Tag. Contact the issuing Building Code Enforcement officer (listed on the NAO) for instructions on how to comply.
(San Leandro Municipal Code Title 7, Chapter 5, Section 1400)
(San Leandro Municipal Code Title 7, Chapter 5, Section 325)

What if I need access to the building that was red-tagged?

You will need to contact the issuing Building Code Enforcement officer (listed on the NAO) to make arrangements in order to gain access.

How much time do I have to correct the violation(s)?

A time frame will be posted on the notice. Please contact the issuing officer prior to the deadline to avoid any penalties.

How do I apply for a permit?

You may need to provide professional drawing(s) such as a site plant, floor plan, elevations, etc. The citation(s) will determine what will be needed for permit issuance. You may need to hire a designer, architect, or engineer.

Where do I get a permit?

Permits applications are submitted at the One Stop Permit Center located within City Hall, at 835 East 14th Street, San Leandro, California 94577.

Who can apply for the permit?

Depending on the type of repairs needed to bring the property into compliance, you may need to hire a licensed contractor to apply for the permit.

Can I appeal the NAO?

In accordance with the San Leandro Municipal Code (7-5-1210), any person aggrieved by a notice and order of the Building Official to repair, vacate and repair, or demolish any building or portion thereof, may appeal such order to the Board of Appeals within ten days from the date of service of such notice and order. The written appeal shall be delivered to the City of San Leandro, Community Development Department, 835 East 14th Street, San Leandro, California 94577.
(San Leandro Municipal Code Title 7, Chapter 5, Section 1210)

A written appeal must contain the following:

 - The names and addresses of all appellants
 - A brief statement setting forth the legal interest of each of the appellants in the land or building involved in the NAO
 - A brief statement of the specific order protested
 - A brief statement of the relief sought and the reasons therefore.

On receipt of such appeal, the Building Official shall set the matter for hearing before the Board of Appeals. Notice of the date, hour and place of hearing shall be posted and served at least ten (10) days before the date set for the hearing in the manner and upon the person specified in Section 7-5-1135 of the Municipal Code. The notice of hearing shall order all interested parties who desire to be heard to appear and show cause, if any, why the building or portion thereof involved in the proceedings should not be repaired, vacated and repaired or demolished.

Failure to appeal within ten (10) days of the date of service of notice and order shall constitute a waiver of all rights to a hearing and determination of the matter.

(San Leandro Municipal Code Title 7, Chapter 5, Section 1135)