Title 26 BUILDING CODE*
CHAPTER 99 BUILDING AND PROPERTY REHABILITATION
SECTION 9901--SCOPE
SECTION 9902--DEFINITIONS
SECTION 9903--DEFINITION OF SUBSTANDARD BUILDING
9903.2 Deleted. (Ord. 2010-0053 § 87, 2010.)
SECTION 9904--SUBSTANDARD CONDITIONS
9904.1 Inadequate Sanitation.
9904.2 Structural Hazards.
9904.4 Inadequate or Faulty Plumbing.
9904.5 Inadequate or Faulty Mechanical Equipment.
9904.6 Faulty Weather Protection.
SECTION 9905--SUBSTANDARD PROPERTY
SECTION 9906--BUILDING REHABILITATION APPEALS BOARD
SECTION 9907--ALTERNATES
SECTION 9908--DETERMINATION BY BUILDING OFFICIAL
SECTION 9909--INFORMAL NOTICE
SECTION 9910--NOTICE OF SUBSTANDARD BUILDING
SECTION 9911--NOTICE OF SUBSTANDARD PROPERTY
SECTION 9912--COMBINING NOTICES
SECTION 9913--SERVICE OF NOTICE
SECTION 9914--OTHER INTERESTED PARTIES
SECTION 9915--DECLARATION OF SUBSTANDARD BUILDING OR PROPERTY
SECTION 9916--POSTING OF SIGNS
SECTION 9917--RIGHT OF HEARING
SECTION 9918--HEARING BY BUILDING REHABILITATION APPEALS BOARD
SECTION 9919--HEARING NOT REQUESTED
SECTION 9920--NOTICE OF HEARING
SECTION 9921--FORM AND CONTENTS OF NOTICE
SECTION 9922--POSTING OF NOTICE
SECTION 9923--ORDER: SUBSTANDARD BUILDING
SECTION 9924--ORDER: SUBSTANDARD PROPERTY
SECTION 9925--WORK BY PRIVATE PARTY
SECTION 9926--WORK BY COUNTY
SECTION 9927--COSTS
SECTION 9928--NOTIFICATION OF COSTS
SECTION 9929--COLLECTION
SECTION 9930--SALVAGE
SECTION 9931--INTERFERENCE PROHIBITED
SECTION 9932--PROSECUTION
SECTION 9933--OTHER ABATEMENT PROCEDURES
SECTION 9934--VEHICLES
Title 26 of the Los Angeles County Code is amended by adding Chapter 99,
entitled “BUILDING AND PROPERTY REHABILITATION,” to read as
follows:
SECTION 9901--SCOPE
9901.1 General. The provisions of this Chapter shall apply to
all substandard buildings, substandard structures, and substandard property, as
defined in this Chapter. (Ord. 2010-0053 § 85, 2010; Ord. 99-0040 § 77
(part), 1999.)
9901.2 Existing Buildings. Occupancies in existing buildings
may be continued except in such structures as are ordered vacated in accordance
with this Code. (Ord. 2010-0053 § 85, 2010; Ord. 99-0040 § 77 (part),
1999.)
SECTION 9902--DEFINITIONS
For the purposes of this Chapter, and in addition to the definitions
set forth in the previous Chapters of this Code, certain terms, phrases and
words and their derivatives shall be defined as set out in this Section. Words
used in the singular include the plural and vice versa. (Ord. 99-0040 § 77
(part), 1999.)
9902.1 BOARD is the Building Rehabilitation Appeals Board as
set forth in Section 9906. (Ord. 99-0040 § 77 (part),
1999.)
9902.2 BUILDING is any structure. (Ord. 99-0040 § 77
(part), 1999.)
9902.3 COMPLETION. Where a building is found to be substandard
due to having been under construction for an unreasonable time, as defined in
Section 9903.2, the terms “demolition, improvement, removal, repair or
rehabilitation,” as used in this Chapter shall include
“completion.” (Ord. 99-0040 § 77 (part), 1999.)
9902.4 DEMOLITION. Whenever the word “demolish” or
“demolishment” is used in this Chapter, it shall include the removal
of the resulting debris from such demolition and the protection by filling of
excavations exposed by such demolition and abandonment of sewer or other waste
disposal facilities as may be required by this Code or other applicable codes,
ordinances, or laws. (Ord. 2010-0053 § 86, 2010; Ord. 99-0040 § 77
(part), 1999.)
9902.5 PARTY CONCERNED. As used in this Chapter, “party
concerned” means the person, if any, in real or apparent charge and
control of the premises involved, the record owner, the holder of any mortgage,
trust deed or other lien or encumbrance of record, the owner or holder of any
lease of record, the record holder of any other estate or interest in or to the
building or structure or the land upon which it is located. As used in this
paragraph all reference to “record” means matters of record with the
Registrar-Recorder/County Clerk which definitely and specifically describes the
premises involved. (Ord. 2007-0108 § 32 (part), 2007: Ord. 99-0040 §
77 (part), 1999.)
9902.6 VEHICLE--DEFINED. As used in this Chapter,
“vehicle” means a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved by human
power or used exclusively upon stationary rails or tracks. (Ord. 99-0040 §
77 (part), 1999.)
9902.7 PUBLIC NUISANCE. A public nuisance is
one which affects at the same time an entire community or neighborhood, or any
considerable number of persons, although the extent of the annoyance or damage
inflicted upon individuals may be unequal. (Ord. 2010-0053 § 86,
2010.)
SECTION 9903--DEFINITION OF SUBSTANDARD BUILDING
9903.1 Any building or structure or portion thereof, or the
premises on which the same is located, in which there exists any of the
conditions listed in Section 9904 to an extent that endangers the life, limb,
health, property, safety or welfare of the public or occupants thereof, shall be
deemed and hereby is declared to be a substandard building. (Ord. 99-0040 §
77 (part), 1999.)
9903.2 Deleted. (Ord. 2010-0053 § 87, 2010.)
SECTION 9904--SUBSTANDARD CONDITIONS
Substandard building conditions shall include, but are not limited to,
the following, when found in buildings or structures which are vacant or
occupied by unauthorized persons. (Ord. 2010-0053 § 88, 2010.)
9904.1 Inadequate Sanitation.
9904.1.1 Lack of hot and cold running water to plumbing
fixtures. Lack of hot and cold running water to plumbing fixtures in a hotel
or dwelling unit. (Ord. 2010-0053 § 88, 2010; Ord. 99-0040 § 77
(part), 1999.)
9904.1.2 Lack of the minimum amounts of natural light and
ventilation required by this Code. (Ord. 99-0040 § 77 (part), 1999.)
9904.1.3 Room and space dimensions less than required by this
Code. (Ord. 99-0040 § 77 (part), 1999.)
9904.1.4 Dampness of habitable rooms. (Ord. 99-0040 § 77
(part), 1999.)
9904.1.5 Deleted. (Ord. 2010-0053 § 88, 2010.)
9904.2 Structural Hazards.
9904.2.1 Deteriorated or inadequate foundations. (Ord. 99-0040
§ 77 (part), 1999.)
9904.2.2 Defective, deteriorated or inadequate size flooring
and/or floor supports. (Ord. 99-0040 § 77 (part), 1999.)
9904.2.3 Defective, deteriorated or inadequate size members of
walls, partitions or other vertical supports. (Ord. 99-0040 § 77 (part),
1999.)
9904.2.4 Defective, deteriorated or inadequate size ceiling,
roof or other horizontal supports. (Ord. 99-0040 § 77 (part), 1999.)
9904.2.5 Defective, damaged or inadequately constructed
fireplace or chimney. (Ord. 99-0040 § 77 (part), 1999.)
9904.3 Inadequate or Hazardous Wiring.
9904.3.1 All wiring except that which conformed with all
applicable laws in effect at the time of installation and which has been
maintained in good condition and is being used in a safe manner. (Ord. 2010-0053
§ 88, 2010; Ord. 99-0040 § 77 (part), 1999.)
9904.3.2 All wiring except that which conformed with all
applicable laws in effect at the time of installation and which has been
maintained in good condition and is being used in a safe manner. (Ord. 99-0040
§ 77 (part), 1999.)
9904.4 Inadequate or Faulty Plumbing.
9904.4.1 Lack of plumbing fixtures required elsewhere in this
Code. (Ord. 99-0040 § 77 (part), 1999.)
9904.4.2 All plumbing except that which conformed with all
applicable laws in effect at the time of installation and which has been
maintained in good condition and which is free of cross connections. (Ord.
99-0040 § 77 (part), 1999.)
9904.5 Inadequate or Faulty Mechanical Equipment.
9904.5.1 Lack of safe, adequate heating facilities in a
dwelling. (Ord. 2010-0053 § 88, 2010; Ord. 99-0040 § 77 (part),
1999.)
9904.5.2 Lack of, or improper operation of, required
ventilating equipment. (Ord. 99-0040 § 77 (part), 1999.)
9904.5.3 All mechanical equipment, including vents, except that
which conformed with all applicable laws in effect at the time of installation
and which has been maintained in good and safe condition. (Ord. 99-0040 §
77 (part), 1999.)
9904.6 Faulty Weather Protection.
9904.6.1 Lack of a sound and effective roof covering. (Ord.
99-0040 § 77 (part), 1999.)
9904.6.2 Lack of a sound and
effective exterior wall covering. (Ord. 99-0040 § 77 (part), 1999.)
9904.6.3 Broken windows and doors. (Ord. 99-0040 § 77
(part), 1999.)
9904.6.4 Deteriorated or ineffective waterproofing of
foundation walls or floor. (Ord. 99-0040 § 77 (part), 1999.)
9904.7 Faulty Materials of Construction. Any material of
construction except those which are allowed or approved by this Code and which
have been adequately maintained in good and safe condition. (Ord. 99-0040 §
77 (part), 1999.)
9904.8 Hazardous or Insanitary Premises. Those premises on
which an accumulation of weeds, vegetation, junk, dead organic matter, debris,
garbage, offal, rat harborages, stagnant water, combustible materials, and
similar materials or conditions which constitute undue fire, health or safety
hazards. (Ord. 99-0040 § 77 (part), 1999.)
9904.9 Hazardous Buildings. Any building or portion thereof
which is determined to be an unsafe building as defined in Section 102 of this
Code. (Ord. 99-0040 § 77 (part), 1999.)
9904.10 Inadequate Exits. All buildings or portions thereof not
provided with exit facilities as required by this Code except those buildings or
portions thereof whose exit facilities conformed with all applicable laws at the
time of their construction and provide adequate safe exits for the building
occupants. (Ord. 99-0040 § 77 (part), 1999.)
9904.11 Fire Hazard. Any building or portion thereof, device,
apparatus, equipment, combustible waste or vegetation which is in such a
condition as to cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause. (Ord. 99-0040
§ 77 (part), 1999.)
9904.12 Inadequate Fire Protection or Firefighting Equipment.
All buildings or portions thereof which are not provided with the fire-resistive
construction or fire-extinguishing system or equipment required by this Code,
except those buildings or portions thereof which conform with all applicable
laws at the time of their construction and whose fire-resistive integrity and
fire-extinguishing systems and equipment provide adequate firesafety. (Ord.
99-0040 § 77 (part), 1999.)
9904.13 Improper Occupancy. All buildings or portions thereof
occupied or used for any purpose for which they were not designed or intended to
be used. (Ord. 99-0040 § 77 (part), 1999.)
9904.14 Abandoned Buildings. Abandoned buildings are all
buildings or portions thereof which are abandoned, open, or vandalized or both.
(Ord. 2010-0053 § 88, 2010; Ord. 99-0040 § 77 (part), 1999.)
9904.15 Deleted by Ord. 2010-0053 § 88, 2010.
SECTION 9905--SUBSTANDARD PROPERTY
Any one or more of the following conditions shall constitute
substandard property.
9905.1 Substandard buildings. (Ord. 99-0040 § 77 (part),
1999.)
9905.2 Unpainted buildings causing dry rot, warping and termite
infestation. (Ord. 99-0040 § 77 (part), 1999.)
9905.3 Broken windows constituting hazardous conditions and
inviting trespassers and malicious mischief. (Ord. 99-0040 § 77 (part),
1999.)
9905.4 Overgrown vegetation causing detriment to neighboring
properties or property values. (Ord. 99-0040 § 77 (part), 1999.)
9905.5 Dead trees, weeds and debris:
1. Constituting
unsightly appearance, or
2. Dangerous to public safety and welfare,
or
3. Detrimental to nearby property or property values. (Ord. 99-0040
§ 77 (part), 1999.)
9905.6 Inoperable or abandoned motor vehicles, trailers,
campers, boats and other mobile equipment stored for unreasonable periods on the
premises and causing depreciation of nearby property values. (Ord. 2010-0053
§ 89, 2010.)
9905.7 Attractive nuisances dangerous to children in the form
of:
1. Abandoned and broken equipment, or
2. Neglected machinery; or
3. Swimming pools, mine shafts, test holes, wells, pits, or similar
excavations that are not properly secured, locked, covered, closed, or rendered
inaccessible. (Ord. 2010-0053 § 89, 2010.)
9905.8 Broken or
discarded furniture and household equipment left in yard areas for unreasonable
periods. (Ord. 2010-0053 § 89, 2010.)
9905.9 Clothesline in
front yard areas. (Ord. 2010-0053 § 89,
2010.)
9905.10 Garbage cans stored in front or side yards and
visible from a public street except when placed in places of collection at the
times permitted. (Ord. 2010-0053 § 89,
2010.)
9905.11 Packing boxes and other debris stored in yards and
visible from public streets for unreasonable periods. (Ord. 2010-0053 § 89,
2010.)
9905.12 Maintenance of premises in such condition as to be
detrimental to the public health, safety, or general welfare or in such manner
as to constitute a public nuisance. (Ord. 2010-0053 § 89,
2010.)
9905.13 Property, including, but not limited to, building
exteriors which are maintained in such condition as to become so defective,
unsightly, or in such condition of deterioration or disrepair that the same
causes appreciable diminution of the property values of surrounding property or
is materially detrimental to proximal properties and improvements. This
includes, but is not limited to, the keeping or disposing of or the scattering
over the property or premises of any of the following:
1. Lumber, junk,
trash or debris;
2. Abandoned, discarded, or unused objects of equipment
such as automobiles, furniture, stoves, refrigerators, freezers, cans, or
containers,
3. Stagnant water, or excavations; or
4. Any device,
decoration, design, fence, structure, clothesline, or vegetation which is
unsightly by reason of its condition or its inappropriate location. (Ord.
2010-0053 § 89, 2010.)
9905.14 Maintenance of premises so
out of harmony or conformity with the maintenance standards of adjacent
properties as to cause substantial diminution of the enjoyment, use, or property
values of such adjacent properties. (Ord. 2010-0053 § 89,
2010.)
9905.15 Grading which does not meet the minimum standards
set forth in Appendix J of this Code or which is done in violation of this Code
or any other County or State law regulating grading. (Ord. 2010-0053 § 89,
2010.)
SECTION 9906--BUILDING REHABILITATION APPEALS BOARD
In order to hear appeals provided for in Chapter 98 and in this
Chapter, there shall be and is hereby created a Building Rehabilitation Appeals
Board consisting of five members who are qualified to pass on matters pertaining
to substandard buildings and property. The members of the Board shall be
appointed by and hold office at the pleasure of the Board of Supervisors and may
recommend such new legislation as deemed necessary. The Board shall adopt
reasonable rules and regulations for conducting its investigations. The Building
Official shall be an ex officio nonvoting member and act as secretary.
The Building Official shall keep a record of all proceedings and notify all
parties concerned of the findings and decisions of the Board. (Ord. 99-0040
§ 77 (part), 1999.)
SECTION 9907--ALTERNATES
Every member of the Building Board of Appeals (created by Section 105)
is an ex officio alternate member of the Building Rehabilitation Appeals Board
and may serve in the place and stead of any regular member of the Building
Rehabilitation Appeals Board who is absent from any meeting and, at such
meeting, shall be deemed to be a regular member of the Building Rehabilitation
Appeals Board. (Ord. 2002-0076 § 176, 2002: Ord. 99-0040 § 77 (part),
1999.)
SECTION 9908--DETERMINATION BY BUILDING OFFICIAL
Whenever the Building Official determines by inspection that any
existing building or portion thereof is substandard or any lot or other premises
is substandard, or both, as defined in this Chapter, such building or premises,
or both, are hereby declared a public nuisance, and the Building Official shall
order the abatement of the nuisance by demolition, repair, or rehabilitation of
the substandard building or portion thereof or, at the option of the party
concerned, by demolition or demolishment thereof. The order also may require
that the building be vacated if found to be unsafe in accordance with Section
102 of Chapter 1. If the premises are substandard, the Building Official also
may order that the substandard conditions be removed. (Ord. 2010-0053 § 90,
2010; Ord. 99-0040 § 77 (part), 1999.)
SECTION 9909--INFORMAL NOTICE
When the Building Official has so found, in addition to any notices
hereafter required by this Chapter, the Building Official may give to the
occupants of the substandard property, and to any other person whom he or she
deems should be so notified, information concerning the provisions of this
Chapter, any violation thereof, how the person notified may comply and any other
information deemed expedient. The Building Official may post such information on
the substandard property or on the substandard building. (Ord. 99-0040 § 77
(part), 1999.)
SECTION 9910--NOTICE OF SUBSTANDARD BUILDING
If, in the opinion of the Building Official, a building is found to be
substandard as defined in this Chapter, the Building Official shall give to the
party concerned written notice stating the defects thereof.
The notice may
require the owner or person in charge of the building or premises to complete
the required repairs, improvements, demolition, or removal of the building or
portions thereof within 30 days, or such other time limit as the Building
Official may stipulate. Such notice may also require the building, or portion
thereof, to be vacated if found to be unsafe in accordance with Section 102 of
Chapter 1, and not reoccupied until the required repairs and improvements are
completed, inspected, and approved by the Building Official. A person notified
to vacate a substandard building by the Building Official shall vacate within
the time specified in the order.
EXCEPTION: Whenever any building or structure or portion thereof
constitutes an immediate hazard to life or property, and in the opinion of the
Building Official the conditions are such that repairs or demolition or other
work necessary to abate the hazard must be undertaken sooner than provided by
the procedures set forth in this Chapter, the Building Official may make such
alterations or repairs, or cause such other work to be done to the extent
necessary to abate the hazard or demolish the building or structure or portions
thereof as are necessary to protect life or property, or both, after giving such
notice to the parties concerned as the circumstances will permit or without any
notice whatever, when, in the Building Official’s opinion, immediate
action is necessary.
(Ord. 2010-0053 § 91, 2010; Ord. 99-0040 § 77 (part),
1999.)
SECTION 9911--NOTICE OF SUBSTANDARD PROPERTY
If, in the opinion of the Building Official, property is found to be
substandard property as defined in this Chapter, the Building Official shall
give to the party concerned written notice stating the conditions which make the
property substandard.
The notice may require the owner or person in charge
of the premises to remove within 30 days, or other time limit which the Building
Official may stipulate, the conditions which cause the property to be
substandard. If, in order to comply with such notice, it is necessary to remove
any vehicle or any part thereof, such notice shall include a description of such
vehicle and the correct identification number and license number, if available
at the site. (Ord. 99-0040 § 77 (part), 1999.)
SECTION 9912--COMBINING NOTICES
A notice of substandard property and of a substandard building on such
property may be combined into one notice. (Ord. 99-0040 § 77 (part),
1999.)
SECTION 9913--SERVICE OF NOTICE
Proper service of a notice provided for in Sections 9910, 9911 and
9912 shall be by personal service or by registered or certified mail upon every
party concerned, by posting on the substandard building, if any, and upon the
substandard property, if any, a copy of the notice. It shall be deemed a
reasonable effort has been made to serve such notice when registered or
certified letters have been mailed to the address of the interested party as
shown on the official record. When an address is not so listed or contact cannot
be made at the listed address, the service shall be by posting on the
substandard building, if any, otherwise upon the substandard property, a copy of
the notice.
The designated period within which the owner or person in charge
is required to comply with such notice shall begin as of the date the owner or
person in charge receives such notice by personal service or registered or
certified mail. If such notice is by posting, the designated period shall begin
10 days following the date of posting.
Failure of any owner, party concerned
or other person to receive such notice shall not affect the validity of any
proceedings taken hereunder. (Ord. 99-0040 § 77 (part), 1999.)
SECTION 9914--OTHER INTERESTED PARTIES
If the Notice of Substandard Building or Property requires the repair
or demolition of any building and if the demolition or other work necessary to
remove the substandard conditions set forth in such notice is not completed
within the time specified in such notice and the Building Official intends to
directly proceed to demolish the substandard building or portions thereof, or
cause such other work to be done to the extent necessary to eliminate the hazard
or other substandard conditions which have been found to exist and, by a
document recorded in the office of the Registrar-Recorder/County Clerk prior to
the recordation of the Declaration of Substandard Building or Property, whether
such document describes the property or not, it appears that a person other than
a party concerned has any right, title, lien, or interest in the property or any
portion thereof, and such person has not previously been notified of the
substandard building or property conditions or previously been served a copy of
the Notice of Substandard Building or Property and the address of such person is
known to the Building Official or can be ascertained by the exercise of due
diligence, then the Building Official shall serve a copy of the Notice of
Substandard Building or Property on such person as provided in this Chapter.
Such person may request a hearing before the Building Rehabilitation Appeals
Board. The request must be made in writing to the Board within 10 days of the
receipt of the copy of the notice of substandard building or property. If a
Notice of Substandard Property does not require the repair or demolition of any
building, then no notice need be given to any person other than a party
concerned. (Ord. 2010-0053 § 92, 2010; Ord. 2007-0108 § 32 (part),
2007: Ord. 99-0040 § 77 (part), 1999.)
SECTION 9915--DECLARATION OF SUBSTANDARD BUILDING OR PROPERTY
The Building Official may file with the Registrar-Recorder/County
Clerk a declaration that a substandard building or substandard property or both
have been inspected and found to be such, as defined in this Chapter, and that
all parties concerned have been or will be so notified. The costs incurred by
the Building Official in the investigation of such properties and the processing
of the declaration and notification of concerned parties shall be as specified
in Table 1-F. After the Building Official finds that the public nuisance had
been abated and either that such abatement has been accomplished at no cost to
the County, or that such costs have been placed upon the tax rolls as a special
assessment pursuant to Section 25845 of the Government Code, or when the
Building Official’s jurisdiction has been prompted by government
acquisition of the property, the Building Official shall record with the
Registrar-Recorder/County Clerk a document terminating the above declaration.
(Ord. 2007-0108 § 32 (part), 2007: Ord. 2002-0076 § 176, 2002: Ord.
99-0040 § 77 (part), 1999.)
SECTION 9916--POSTING OF SIGNS
The Building Official may cause to be posted at such substandard
building or property a notice of substandard building or property and/or a sign
to read: SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE, BY ORDER OF THE
DEPARTMENT OF PUBLIC WORKS, BUILDING AND SAFETY DIVISION, COUNTY OF LOS ANGELES.
Such sign may contain such additional information and warnings as in the opinion
of the Building Official are expedient. Such notice or sign shall remain posted
until the required repairs, demolition, removal, barricading or property cleanup
are completed. Such notice or sign shall not be removed without permission of
the Building Official and if the substandard building has been ordered vacated,
no person shall enter except for the purpose of making the required repairs or
of demolishing the substandard building. (Ord. 2007-0108 § 32 (part), 2007:
Ord. 99-0040 § 77 (part), 1999.)
SECTION 9917--RIGHT OF HEARING
9917.1 Hearing. Any person having any right, title, lien or
interest in the property or any part thereof, or the Building Official, may
request a hearing regarding the substandard condition of a building or property
after the building or property is posted. A request by any person other than the
Building Official shall be made in writing to the Building Rehabilitation
Appeals Board within 30 days after the building or property is posted. All
persons who desire to be heard may appear before the Building Rehabilitation
Appeals Board to show that the building or property is or is not substandard or
to show cause why the building, even if substandard, should not be ordered
barricaded, demolished, repaired, rehabilitated or vacated. (Ord. 99-0040 §
77 (part), 1999.)
9917.2 Vehicles to Be Removed. The owner of such vehicle or the
owner of the land on which such vehicle is located may request a hearing. This
request shall be made in writing to the Building Rehabilitation Appeals Board
within 10 days after the mailing of notice of intention to abate and remove the
vehicle. If the owner of the land on which the vehicle is located submits a
sworn written statement denying responsibility for the presence of the vehicle
on the land within such time period, this statement shall be construed as a
request for hearing which does not require the presence of the owner submitting
such request. If such a request is not received within such period, the Building
Official shall have the authority to remove the vehicle. (Ord. 99-0040 § 77
(part), 1999.)
9917.3 All persons described in Section 9917.1 above shall be
notified that prior to abatement of the public nuisance by the County, they are
entitled to a hearing before the Building Rehabilitation Appeals Board. However,
if they do not request in writing a hearing before the Building Rehabilitation
Appeals Board within 30 days of notification, or if they fail to appear at such
a hearing which they have requested, they will be deemed to have waived their
right to a hearing before the Building Rehabilitation Appeals Board. (Ord.
2002-0076 § 178, 2002: Ord. 99-0040 § 77 (part), 1999.)
9917.4 Delegation of Board of Supervisors Hearing. Pursuant to
Government Code Section 25845, Subsection (h), the Board of Supervisors has
delegated to the Building Rehabilitation Appeals Board the hearing, prior to
abatement of a public nuisance, required by Subsection (a) of Government Code
Section 25845. The Building Rehabilitation Appeals Board will hear all such
hearings, as are requested under Section 9917, and will make written
recommendations to the Board of Supervisors after each hearing. The Board of
Supervisors may adopt the recommendations without further notice of hearing, or
may set the matter for a de novo hearing before the Board of Supervisors.
(Ord. 99-0040 § 77 (part), 1999.)
SECTION 9918--HEARING BY BUILDING REHABILITATION APPEALS BOARD
The Building Rehabilitation Appeals Board shall hold a hearing and
consider all competent evidence offered by any person pertaining to the matters
set forth in the report of the Building Official.
The Building
Rehabilitation Appeals Board shall make written findings of fact as to whether
or not the building or property is a substandard building or substandard
property as defined in this Chapter. (Ord. 99-0040 § 77 (part),
1999.)
SECTION 9919--HEARING NOT REQUESTED
If neither the Building Official nor any other person requests a
hearing and the substandard condition as set forth in the Notice of Substandard
Building or Property is not completed within the time specified in such notice,
the Building Official may demolish such portions of the structures, or may cause
such other work to be done to the extent necessary to eliminate the hazards and
other substandard conditions which had been found to exist. (Ord. 99-0040 §
77 (part), 1999.)
SECTION 9920--NOTICE OF HEARING
If either the Building Official, or any other person, requests a
hearing within the proper time as provided in Section 9917 of this Code, the
Building Rehabilitation Appeals Board shall hold such hearing. Not less than 10
days prior to the hearing the Building Official shall serve or cause to be
served either in the manner required by law for the service of summons or by
first class mail, postage prepaid, a copy of the Notice of Hearing upon every
person to whom this Chapter requires that the Notice of Substandard Building or
Property be served. (Ord. 2007-0108 § 32 (part), 2007: Ord. 99-0040 §
77 (part), 1999.)
SECTION 9921--FORM AND CONTENTS OF NOTICE
The notice of hearing shall state:
1. The street address and a
legal description sufficient for identification of the premises which is
substandard or upon which the building is located.
2. The conditions because
of which the Building Official believed that the building or property is
substandard.
3. The date, hour and place of the hearing. (Ord. 99-0040
§ 77 (part), 1999.)
SECTION 9922--POSTING OF NOTICE
The Building Official shall post one copy of the notice of hearing in
a conspicuous place on the substandard building involved, if any, otherwise on
the substandard property, not less than 10 days prior to the hearing. (Ord.
99-0040 § 77 (part), 1999.)
SECTION 9923--ORDER: SUBSTANDARD BUILDING
9923.1 When the Building Rehabilitation Appeals Board finds
that the building is a substandard building, it is hereby declared a public
nuisance and, based on its findings, the said Board shall order the abatement of
this nuisance by barricading, demolition, repair, or rehabilitation of the
substandard building or portion thereof or at the option of the party concerned,
by the demolition or demolishment thereof. The order also may require that the
substandard building be vacated if found to be unsafe in accordance with Section
102 of Chapter 1.
The order shall state a reasonable time within which the
work shall be completed which shall not be less than 10 days after the service
of this order. The Board, for good cause, may extend the time for completion in
writing. (Ord. 2010-0053 § 93, 2010; Ord. 99-0040 § 77 (part),
1999.)
9923.2 The Building Official, after determining that conditions
warrant reconsideration, may bring any matter before the Board for rehearing. At
such a rehearing, the Board will consider all evidence submitted and after such
reconsideration may find that further postponement is unwarranted and so order,
or may find that a new order for abatement and/or postponement of County action
is warranted and order any abatement work considered necessary to be performed
by a specified date, after which date the Building Official shall cause such
work to be performed or completed without further notice. (Ord. 99-0040 §
77 (part), 1999.)
SECTION 9924--ORDER: SUBSTANDARD PROPERTY
9924.1 When the Board finds that any property is substandard
property, it is hereby declared a public nuisance and, based on its findings,
the said Board shall order the abatement of the nuisance by such means as the
said Board deems most feasible. If such means include the removal of any vehicle
or any part thereof, such order shall include a description of such vehicle and
the correct identification number and license number, if available at the site.
(Ord. 99-0040 § 77 (part), 1999.)
9924.2 The Building Official, after determining that conditions
warrant reconsideration, may bring any matter before the Board for rehearing. At
such a rehearing, the Board will consider all evidence submitted and after such
reconsideration may find that further postponement is unwarranted and so order,
or may find that a new order for abatement and/or postponement of county action
is warranted and order any abatement work considered necessary to be performed
by a specified date, after which date the Building Official shall cause such
work to be performed or completed without further notice. (Ord. 99-0040 §
77 (part), 1999.)
SECTION 9925--WORK BY PRIVATE PARTY
Any person having the legal right to do so may repair or demolish a
substandard building or do any other work required to remove the substandard
conditions at any time prior to the time when the County does so, but if such
person does such work after the time specified in the Notice of Substandard
Building or Substandard Property if no hearing was requested, otherwise, after
the time specified in the last order of the Building Rehabilitation Appeals
Board, all costs incurred by the County in preparation for the doing of such
work are chargeable to the property and shall be collected as provided in
Sections 9928 and 9929.
If such work is completed after the Building
Official or purchasing agent has awarded a contract for such work, the
contractor shall receive the Contract Cancellation Fee as specified in Table
1-F, for the building official’s overhead and incidental expenses, unless
specifically excluded by contract, and said fee plus the amount specified in
Section 9927 shall be the costs incurred by the County. If such work is
completed before the Building Official or purchasing agent has awarded a
contract, the amount specified in Section 9927 shall be the costs incurred by
the County. (Ord. 2002-0076 § 181, 2002: Ord. 99-0040 § 77 (part),
1999.)
SECTION 9926--WORK BY COUNTY
9926.1 Procedures. If the order of the Board requires the
repair or demolition of any building, the order of the Board is not complied
with within the period designated by the Board and the public records show that
there is any person who has any right, title or interest in the property or any
part thereof by virtue of a document duly recorded prior to the recordation of
the Declaration of Substandard Building or Property, whether such document
describes such property or part thereof, or not, and such person has not been
previously notified of the action of the Board during the processing of the
case, the Building Official shall serve upon such person as provided in Section
9920 a notice of the action of the Board which notice also shall contain a
statement that the County will demolish the building or take such other action
as may be necessary to remove the substandard conditions unless such person,
within 10 days, requests, in writing, a hearing. If such person requests such a
hearing the Board shall hold such hearing as provided in this Chapter at which
hearing the Board shall redetermine the facts and make a new order as provided
in Section 9923 and the former order shall cease to be of any force or effect.
If any Board order made pursuant to Section 9923 or 9924 and not superseded, or
any order made pursuant to this Section is not complied with within the period
designated, the Building Official may then demolish the substandard building or
portions thereof, or may cause such other work to be done to the extent
necessary to eliminate the hazard and other substandard conditions determined to
exist by the Board. If the order of the Board does not require the repair or
demolition of any building, no notice of such order need be given to any person
other than the party concerned. (Ord. 99-0040 § 77 (part), 1999.)
9926.2 Emergency Procedures. When in the opinion of the
Building Official a substandard structure or portion thereof is an immediate
hazard to life and property, and the abatement of such hazard requires action
pursuant to the exception in Section 9910, the Building Official may then
demolish the substandard building, or portion thereof, or may cause such other
work to be done to the extent necessary to eliminate the hazard. (Ord. 99-0040
§ 77 (part), 1999.)
SECTION 9927--COSTS
The costs involved in the demolition or other work by the Building
Official, including, in addition to other costs, the applicable processing costs
as set forth in Table 1-F, shall become a special assessment against the
property. (Ord. 2002-0076 § 182, 2002: Ord. 99-0040 § 77 (part),
1999.)
SECTION 9928--NOTIFICATION OF COSTS
The Building Official shall notify, in writing, all parties concerned
and all persons notified pursuant to Section 9914, 9917, or 9926 of the amount
of such assessment resulting from such work. Within five days of the receipt of
such notice any such party concerned and any other person having any right,
title, or interest in the property or part thereof may file with the Building
Official a written request for a hearing on the correctness or reasonableness,
or both, of such assessment.
Any such person who did not receive a notice
pursuant to Sections 9910, 9911, 9914 or 9920, and who has not had a hearing on
the necessity of the demolition or other work, in such request for hearing also
may ask that such necessity be reviewed. The Building Rehabilitation Appeals
Board thereupon shall set the matter for hearing, give such person notice
thereof as provided in Section 9914, hold such hearing and determine the
reasonableness or correctness of the assessment, or both, and if requested, the
necessity of the demolition or other work. The Building Rehabilitation Appeals
Board shall notify all such persons of its decision in writing.
If the total
assessment determined as provided for in this Section is not paid in full within
10 days after mailing of such notice by the Building Official, the Building
Official shall place such charge as a special assessment on the tax bill for the
property pursuant to Section 25845 of the Government Code. (Ord. 2002-0076
§ 183, 2002; Ord. 99-0040 § 77 (part), 1999.)
SECTION 9929--COLLECTION
The assessment shall be collected at the time and in the same manner
as ordinary County taxes are collected, and shall be subject to the same
penalties and the same procedure and sale in case of delinquency as provided for
ordinary County taxes. All laws applicable to the levy, collection and
enforcement of County taxes shall be applicable to such special assessment.
(Ord. 99-0040 § 77 (part), 1999.)
SECTION 9930--SALVAGE
If a building is demolished or necessary work done by the County
pursuant to the provisions of this Chapter, the value of any salvage resulting
from such demolition or other work may be applied to the cost of such work as
follows:
1. If the County enters into a contract with a private contractor,
the County may provide in such contract that as a part of the consideration for
the services rendered, the contractor shall take title to such
salvage.
2. If the contract does not so provide or if the County does the
work without such a contract, the County may take title to such salvage and
credit the reasonable value thereof on the costs incurred by the County. In any
hearing pursuant to this Section to determine the reasonable cost of doing the
work, the Building Rehabilitation Appeals Board also may determine the
reasonable value, if any, of such salvage.
This Section is permissive only
and does not require that the value of such salvage be applied to the cost of
the work. (Ord. 99-0040 § 77 (part), 1999.)
SECTION 9931--INTERFERENCE PROHIBITED
A person shall not obstruct, impede, or interfere with the Building
Official or any representative of the Building Official, or with any person who
owns or holds any interest or estate in a substandard building which has been
ordered by the Building Official or by the Building Rehabilitation Appeals Board
to be barricaded, repaired, vacated and repaired, or vacated and demolished or
removed, or in any substandard property whenever the Building Official or such
owner is engaged in barricading, repairing, vacating and repairing, or
demolishing any such substandard building or removing any substandard
conditions, pursuant to this Chapter, Section 102 of Chapter 1, or in the
performance of any necessary act preliminary to or incidental to such work, or
authorized or directed pursuant hereto. (Ord. 2010-0053 § 94, 2010; Ord.
99-0040 § 77 (part), 1999.)
SECTION 9932--PROSECUTION
In case the owner shall fail, neglect or refuse to comply with the
directions in the Notice of Substandard Building or Substandard Property (if
neither the owner nor any other person requests a hearing) or with any order of
the Building Rehabilitation Appeals Board, the owner shall be guilty of a
misdemeanor and the Building Official may cause such owner of the building or
property to be prosecuted as a violator of this Code. (Ord. 99-0040 § 77
(part), 1999.)
SECTION 9933--OTHER ABATEMENT PROCEDURES
The provisions of this Chapter shall not in any manner limit or
restrict the County or the District Attorney from enforcing County Ordinances or
abating public nuisances in any other manner provided by law. (Ord. 99-0040
§ 77 (part), 1999.)
SECTION 9934--VEHICLES
9934.1 Adoption by Reference of Section 22661 of Vehicle Code.
All of the provisions of this Chapter relating to the abatement and removal, as
public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or
parts thereof from private property are enacted pursuant to Vehicle Code Section
22661. All of the provisions of Section 22661 of the Vehicle Code are hereby
adopted by reference as a part of this Ordinance. In the case of any conflict
between the provisions of this Chapter and the provisions of said Section 22661,
the provisions of said Section 22661 shall prevail. (Ord. 99-0040 § 77
(part), 1999.)
9934.2 Notification of Department of Motor Vehicles. Within
five days after the County or any officer thereof removes, pursuant to this
Chapter, any vehicle or a part thereof, the Building Official shall so notify
the Department of Motor Vehicles identifying the vehicle or part thereof. (Ord.
99-0040 § 77 (part), 1999.)
9934.3 Notification of Highway Patrol. Not less than 10 days
before the hearing provided for in Section 9920 the Building Official shall
notify the California Highway Patrol thereof identifying the vehicle or part to
be removed. (Ord. 99-0040 § 77 (part), 1999.)
9934.4 Not to Be Reconstructed. A person shall not reconstruct
or make operable any vehicle which has been removed by the County pursuant to
this Chapter. (Ord. 99-0040 § 77 (part), 1999.)
9934.5
Exceptions. A vehicle or any part thereof shall not be removed pursuant to
this Chapter if such vehicle or part is:
1. Completely enclosed within a
building in a lawful manner where it is not visible from the street, highway or
other public or private property, or
2. Stored or parked in a lawful manner
on private property in connection with the business of a licensed dismantler,
licensed vehicle dealer or junkyard. This exception does not authorize the
maintenance of a public or private nuisance. (Ord. 99-0040 § 77 (part),
1999.)
9934.6 Registration of Vehicle. If any vehicle is removed
pursuant to this Chapter, the Building Official shall forward to the Department
of Motor Vehicles any evidence of registration available, including registration
certificates, certificates of title and license plates. (Ord. 99-0040 § 77
(part), 1999.)
9934.7 Proof of Nonresponsibility. The owner of any land upon
which a vehicle which has been removed was located may appear in person at any
hearing provided for in this Chapter or present a written statement in time for
consideration at such hearing and deny responsibility for the presence of the
vehicle on the land with reasons for such denial. If it is determined at the
hearing that the vehicle was placed on the land without the consent of the land
owner and that the land owner has not subsequently acquiesced in its presence,
then the County shall not assess costs of administration or removal of the
vehicle against the property upon which the vehicle was located or otherwise
attempt to collect such costs from such owner. (Ord. 99-0040 § 77 (part),
1999.)
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