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.)