HomeMy WebLinkAboutORD 641 (1975) ! ORDINANCE NO. 641
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
' AMENDING TIlE TUSTIN CITY CODE RELATIVE TO ABATE-
~" MENT OF DANGEROUS BUILDING AND RELATED NUISANCES.
4 The City of Tustin, California, does ordain as follows.
5 ,~ The Tustin City Code is he'reby amended hy the addition
S ~ thereto of Article VI to Chapter 6 to read as follows:
!:
~ I.~ ARTICLE Vi Abatement of Dangerous Buildings And
~ Related Nuisances.
~ Section 6-8 Adopted
For the purpose of providing a just., equitable and practic-
10~
~, able method, to be cummulative with and in addition to any other
remedy provided in the 1973 Uniform BUildii~g Code, or otherwise
available at law, whereby buildings or structures which ~rom any
cause endanger the life, limb, bealth, morals, property, safety
or welfare of the general public or their occupants, may be
required to be repaired, vacated or demolished, all of the
provisions of the 1973 Uniform Code for the Abatement of Dangerous
17
Buildings, adopted and published ,by the international Conference
of Building Officials, including any appendicias thereto, of
19
which not less than three (3) copies have been and now are filed
aO
" in the office of the City Clerk, City of Tustin, are hereby
~2 adopted and incorporated herein as fully as though set forth in
full herein, save and except such porti.ons as are hereinafter
deleted, modified or amended.
Section 6-9 Amendments, Additions and Deletions
The 1973 edition of the Uniform Code for Abatement of
Dangerous Buildings, is hereby amended as follows:
28 (A) Chapter
" The title of' chapter 4 is hereby amended to read "Notices
Anal Orders of Building Official (Summary Abatement)"
~0.
(B) Section 40].(b)(2)
Sectior~ 401(b)(2) :is hereby amended to read as follows:
A statement sworn to under penalty of perjury that the
Building Official, or his authorized representative, has
· per-sonai].y and by his own knowledge found the building to
be dangerous. Such statement shall contain a brief and
concise description of the conditions found to render the
building dangerous under the provisions of Section 302 of
this Code.
(C) Section 401 (b) (3) (iii)
Section 401(b)(3)(iii) is hereby amended to read as follows:
If the Building Official has determined that it is not
economically feasib],e to repair the b~ilding or structure
and it must be demolished, the order shall require that the
building be vacated within such time as the Building Officia,]
shall determine is reasonable (not to exceed 60 days from
the date of the order); that all required permits secured
therefor within 60 days from the date of the order, and tha~.
the demolition be completed within such time as the Buildin~
Official shall determine is reasonable.
(D) Chapter 4A
Chapter ~A is hereby added to read as follows:
Chapter 4A - Abatement by Notice and Hearing.
Section. 405(a) Commencement of Proceedings.
Whenever the' Building Official has inspected or caused
to be inspected any building and has found and determined
that such building is a dangerous building, he shall commence
proceedings to cause the repair, vacation or demolition of
the building.
Section 405(b) Noti. ce of IIearing
The bui]ding. official sh~}ll issue a notice of hearing
-~.
to the record owner of the building-. The notice sba]! l}e
1. substantially in the following form, but may include other
o in f o rma t ion:
"YOU ARE HEREBY NOTIFIED that a hearing will be
~ held before the Board of Appeals at on the
~ day of , 19~, at the hour of.
6 o'clock, _.m., in regard to the disposition
,~.i of the property which is the subject matter of this
8 notice. YOU MAY BE PRESENT AT THE HEARING AND DEFEND
'9 TttlS MATTER IF YOU SO WISH, OTIIERWISE, A DEFAULT WILL
t0 BE ENTERED AGAINST YOU AND YOU WILL BE BOUND BY THE
].D~ DETERMINATION OF THIS BOARD. You may be, but need not
I~ be, represented by counsel. You may present any
i~ relevant evidence and will be giv~en full opportunity to
l~ cross-examine all witnesses testifying against you.
15" You may request the issuance of subpenas to compel the
16 attendance of witnesses and the production of books,
I? documents or other things by filing an affidavit
18 therefor with the Board of Appeals."
19
~0 ~ The notice shall also conta{n:
~1= (!) The street address and a legal description sufficient
1
~.~ ~. for identification of th.e premises upon which the
~! building is located;
~= i: (2) A statement sworn to unde~ penalty of perjury that the
~5! Building Official, or his authorized representative,
~6 i. has personally and by 'his own knowledge found tlie
~? ~ building to be dangerous. Such statement shall contain
~8~ a brief and concise description of the conditions
29 !' fonnd to render the building dangerous under the provisi
50 !' of Section 302 of this Code.
52 ~! - 3- .
(3) A statement of the proposed action to be taken as
determined by the Building Official.
Sect:ion 405(_c:~ Time for Hearin8.
The hear:[ng shall be scheduled within thirty (30) days of
the date of service of the notice of hearing, but not more than
sixty (60) days from the date of said service, except if any
party submits to the Board of Appeals af'fid~vits showing good
cause why such hearing date shou]_d be moved ahead or postponed,
and such change would not prejudice any part~ to the mauter, the
Board of Appeals may schedule the hearing' for a date which is
just and equitable to all parties concerned.
Section 405(d). Service of Notice. '
The notice, and any amended or supplemental notice, 'shall be
served upon the record owner, and posted on the property; and one
copy thereof shall be served on each of the following, if known
to the Building Official or disclosed from official public
records: ~he holder of any mortgage or deed of trust or any othe
lien or encumbrance ~f record; the owner or holder of any lease
of record; and the holder of any other estate or legal interest
of record in or to the building or land on which it is located.
The failure of the Building Official to serve any person required
herein to be served shall not invalidate any proceedings here-
under as to any other person duly served or relieve any such
person from any duty or obligation imposed on him by the provision
of this section.
Section &05(e) Method of Service.
Service of the notice shall be made upon all persons en-
titled thereto either personally or by.mailing a copy of such
notice by ccrtif:[ed mail, postage prepaid, ~eturn receipt reques
to each such peak'son at his address as it appears on the ]Last
equal:i. zed assessment roll of the cockney or is known to the
Bu~-lding Official If no address of any'such person so appears
or is known to the Building Offici~l, then a copy of the notice
shall be so mai].e~l, addressed to such person, at the address of
the build-ing involved in the proceedings- The failure of any
sucb per'son to receive such notice shall not effect the validity
of any proceedings taken under this Section- Service by certified
mail in the manner herein provided shall..b.e effective on the date
of mailing-
Section 405_X.~) i'roof of'Service.
Proof of service of the notice shall be certified to at the
time of service by written declaration under penalty of perjury
executed by the person effecting the service, declaring the time,
date, and manner in which service was marie. The declaration,
of
together with any receipt card returned and acknoledgement
receipt of certified mail shall be affixed to the copy of the
notice retained by the Building Official-
Section 405(g_) Recordation of Notice of Proceedings Pending.
At the time of serving the notice of hearing the Building
Offi.cial shal] ca~se to be filed in the office of the County
Recorder for the County of Orange a verified notice of Proceeding
Pending. Such notice shall contain the street address and a
legal description sufficient for identification of the premises
upon which the building is located, and a brief and concise
description 'of the proposed action to be taken by the Building
Of-ficial. Whenever the corrections ordered shall thereafter have
been completed or the building demolished so that it no longer
exists as a daHgerous build:ing on the property described in the
notice, the ]]uilding Official shall file a ne~.; notice with said
County Recorder certifying that the building has been demolished
or all required corrections have been made so that the building
is no longer dangerous, whichever is appropr-i. ate-
~i If the building or structure is in suc. h conditiou a.s to make
3 it immediately dangerous to life limb property er safety of the
~H public or its occupants, it shall be ordered to be vacat-ed.
8~ Section 406(a) PostinS Of NOtice.
6 h A notice to vacate sha.lt, in additibn to being served as
~j provided in Section 405(d) be posted at or upon each exit of the
1'
8~ 'building, and shall be in substantially the following form:
9 [i "DO NOT ENTER. UNSAFE TO OCCUPY.
10 ~ IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING
il '~
OR TO REMOVE OR DEFACE THIS NOTICE.
lS ~ Building Official
I ~itv of Tustin"
l~ ~ Section 406(b) Notification and Compliance.
~ Whenever such notice is posted, the Building Official shall
-
inclnde a, notification thereof in the notice issued by him unde
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Section 405, reciting the emergency and specifying the conditions
!8;
~ which necessitate the posting. No person shall remain in or
enter any buildin~ which has heen so posted except that entry
gO
may be made to repair, demolish or remove such building Under
permit. No person shall remove or deface any such notice after
it is posted until the required repairs, demolition or removal
i:
have been completed and a certificate of occupancy issued pur-
i suant to the provisions of the Uniform Buildin~ Code. Any person
~ violating this subsection sl~sll be gui].ty of a misdemeanor.
I~ Section 407 - Chapter 5 Not A~licable.
~: Chapter 5 of this Code dealing with appeals f'rom notice an'd
29 ~' order pursuant to Section 401 is e:~pressly..made inapplicable to
~i proceeding. s pursuant to Chapter
~0 ~:
-,
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Section I~08 - Procedure for Conduct of
Any bearinE pursuant to Chapter 4A sha].] follow the
~ procedures set forth in Chapter VI of this Code with the
~ following exceptions:
~ ~ (a) any refcrence to "appeal" shall be construed as
"; reference to "appellant" shall be.
"hearing any
6
,~ construed as "record owner or other interest~d
~ par ty";
9~ (b) delete Section 602 in its entirety;
!O~ (c) Section 605(c) shall be amended to read as fo].]_ows:
lt~:~ Section 605(c) - Consideration of Report by Board -
~ Notice.
The Board shall fix a time, date and place to
consider the examiner's report and proposed decision.
Notice thereof shall be mailed to each interested
-- ]' party not less than five (5) days (]5 days to out-
!6
of-state parties) prior to the date fixed, unless
i~ is o~herWise s~ipula~ed by all of ~he pa~hies-
18 ~ (E) Chapter VII
19 ~
, 1. Chapter VII is hereby amended to read as
. follows:
21 ~;
[. Any reference to "Building Official" shall be
~2~ construed to include the Board of Appeals.
~3
" 2. 'Subsection (d) is hereby added to Section 701
to"read as follows:
25
Immediate Danger. When the Building Official
and ~he City Council have ordered actions
__ ~ pursusnt to Chapter 4B o~ this Code, the
28~
Builtling Official. and the City Engineer shall
SO ~ proceed to t'ake any actions deemed necessary
to immediate].y abate the condition purs. uant
31 .~
~ to S~ct~on 70] (c)(3) and Chapter 2 o'f this
32 ~
(F) Chapter ViII
Chapter VIII is hereby amendec] to read as follows:'
Any reference to the "direc',tor of public works"
shall be construed to mean "City Engineer."
(G) Section 80]. (b)
Section 80t(b) is' hereby amende'd ~:.o read as follows:
Section 801(b) - Costs.
The cost of such work shall be paid by the City,
and may be made a special 'assessment against the
property involved, or may be made the personal
obligation of the property owner, whichever the
City Council shall determine to be appropriate-
(H) Section 802.
Section 802 is hereby deleted in its entirety-
(I) Chapter IX.
Chapter IX is hereby amended to read as follows:
Any reference to "director of public works" or
"Ci
"director" shall be construe'd to mean ty Engineer
(J) Section 902.
Section 902 is hereby amended to read as follows:
Section 902. Upon receipt of said report, the City
Clerk shall present it to the City Council for consideration~
The City Council shall fix a time date and place for
hearing said report, and any protests or objections
thereto- The City Cleric shall cause notice of said
hea'Ling to be posted upon the property involved, publish.ed
once in a newspaper of general circulation in the City,
and served by certified mail, postage prepaid, addressed
to the owner of the prc~pc.~r~y as his name and address
appears on the l. ast equalized assessment roll of the
County, if such so appc. ars, or if known to the C. lerk.
Such not.ice; sh:~ll br, ,q, ivc, n nt ]easL ten (]0) clays (30
(]{)y~ tO out-of-.~tatct p;1Fi i(',~;) prLor to the date set for
hearing ~,~D.d s;hal]. spcc~lfy the d~y, hour, and place when
the Council shall hear and pass upon the director's
rep~rt, together with any ol~ject:ions or protests which
may be fi].ed ss herei,~afte. r .provided by any person
interested in or effected by the proposed charge.
(K) Section 9].0.
Section 9].0 is hereby amended to read"as follows:
section 910. If the County Assessor and the
County Tax Col.].ector assess property and collect
taxes for the City, a certified copy of the assessment
shall be filed with the County Auditor. Descriptions
of the parcels reported shall be .those used for
the same parcels on the County Assessor~s map
books for the currb-nt fisdal year.
(L) Section 912.
Section 912 is hereby amended to read as follows:
Section 912. All money recovered by payment of
the charge or assessment or from the sale of the
property at foreclosure sale up to the amount of
said charge or assessment shall be paid to the
City Treasurer. Any sums in excess of the charge
or assessment realized in a foreclosure sale shall
be paid to the person or persons legally entitled
thereto -
(M) Chapter 4B
Chapter 4B is hereby added to read as follows:
Chap,.ter 4B - Emerg_eJj_c-_X Abatement Procedures
Section 409'- Commencement of Procecdin~_~.
1. Whenever the Building Official has
'[n. spected or c~used to be ~.nspected any building
and has found and determined that such constitutes
an ~m~nc, di. atc, danger to life, l:~n,,b property or
safety of the pub].ic or its occupants he shal~
info~:m the City Council. of such ma~ter and upon
their approval shall commence p~oceedings to cau~.;e
the repair, vacation or demolition of the building.
The essence of the procedure in this chapter ts to
provide an expedient remedy to.hbate conditi. ons .of
immediate danger. Therefore, -the Building Offices!
is expressly empowered to commence the the necessary
actions, with or without "notice to the record
owner, provided such action has been approved by
the City Conncil.
2. An imminent danger may include,' but is
not limited to the following conditions:
(a) Where the destruction of the building is
reasonably deemed necessary, to prevent
the spread of communicable disease;
(b) Where destruction of the building is
reasonably necessary to prevent serious
injury to the public from unsafe structures;
(c) Where destruction of the building is
reasonably dee~ed necessary to prevent
the spread of fire to other structures;
'(d) Where the building i'tself constitutes an
immediate fire hazard;
(e) Where the building is built in violation
of fire regulations, and it is not
economically feasible nor chronologically
feasible to correct such violations
within. the immediate future, meanwhile
the building constituting an immediate
fire hazard; --,
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(f) Conditions which by cor:~mon law or statnte
have been declared a nuisance, per
or which or by tl~eir 'very nature are
palpably and ind~sbutably a nuisance;
(g) Where immcd'iate actj. on i~ essential to
abate or prevent ~mpending injury or
harm to persons or broperty;
(h) Where the requirement of preliminary,
judicial proceedings or quasi-judicial
proceedings would effectively defeat the
beneficial purpose of ~xpedient summa. ry
abatement sought to be obtained.
3- The.'=above--conditions shall serve as a
guideline to the Building Official in determining
when an imminent dange~ exists, and the procedures_
of this chapter should be instituted. The Building
Official shall. endeavor to enforce the spirit of
this chapter with due regard for the constitutional
rights of citizens to be secure in their persons
and property-
Section 409~a) - Notice of PropOsed Action.
The Building Official'may issue a notice of
the proposed ac[i'ons of the Building Department to
the record owner of the building and any other
party entitled to notice under Section 401(c)- If
~ssued, the notice shall be substantially in the
fol].ox.:i~g form, but may include .other information:
"IMPORTANT NOTICE REGARt)ING DiS'POSTION OF
PROPERTY LOCATEI) AT
"Tht~ City of Tustin Building I}cpartment has
determinccl that t-hc~ bu i. lding located at
1 , and legally described as
3 constitutes an imminent danger to the life,
~ li~:~b, property or safety of the public or its
5 occupants ~.:ithin the meani~ng of Section 302
6 '~ and Section 409 of the ]973 Uniform Code for
V the Abatement of Dangerous Buildings, as
8 amended by 'Tustin City Ordinance No.
9!I and is subject to immediate, corrective
10 measures or domo].it~on."
11
l~ The notice shall also .contain:
1~ il (1) A statement sworn to under penalty of
I~-L perjury that the Building Official, or
15i hi~ authorized representative, has
16 personally and by his own knowl. edge
t7 found the building to constitute an
18 imminent danger to the life, limb,
19 property or safety of the public or its
~0 occ~pants. Such statement shall contain
~i a brief and concise description of
2~ conditions found to render the building
~% an imminent danger under the aforementioned
24 provisions of the 1973 Uniform (:ode for
25 the Abatemc:nt of Dangerous Buildings.
26 (2) A statement of the proposed action to be
27 taken as determined by the Building
28 i Official.
29 ~I (3) A statement- to the effect that a notice
,50 to vncatc ha,q bee. n"vpQsted upon the
i~r~l~c'rt:y, and a copy of said notice
52 .qha ] I 1}c i nc I .ded S,-~ i d no: t i co: to
~ vacate shall be subsi.~:ntjaliy in the
2 i~ form provided in 'Section 410(a) -
~ i} The above notice shal]. be served in
!{
51 compliance ~,~ith the applicable provisions
of Chapter 4 of this Code-
v i Se .,:io 4 .0- Vacate.
8 }' If the building or structure is in such
'9 i~ condition as to make it :immediately dangerous to
10 life, limb, property or safety of the pub].ic or
11 its occupants, it shall be ordered to be vacated.
12 Section 410(a) - Postin.g_ of Noti'ce:"
].~ A Notice to Vacate shall be posted at or upon
1~ each exit of the building, and shall be in substantially
15 the following form:
16 "DO NOT ENTER- UNSAFE TO OCCUPY-
1~ IT IS A MISDEMEANOR TO OCCUPY THIS
18 BUILDING OR TO REMOVE OR DEFACE
19 THIS NOTICE-
20
21 Building Official
City of Tustin."
~2 Sect'ion 410(b) - Compliance With Notice To Vacate.
2~ Whenever such notice is posted, no person
24 shalI remain in or enter any building which has
25 been so posted, excep~ that entry may be made to
26 repair, demol:ish or remove such building under
27 permit- No person shall remove or deface any such
2~ notice sfter it is posted unt~il the required
29 repa:/rs, demo].ition or removal have- been completed
~0 and a certificate of occupancy issued pursuant to
~i the provi,~;ions of the Untform-."Buil, d'jng Code. Any
~ per.~;on v~o'l, atTrng th i s sttb-scction sha] t be guilty
of a mtsd~.mc, a ~or.
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Section 4'1 ] - Prc~cc,<lures After Abatement.
(1) Within 30 (thirty) days after the ~l~l~gerous
condition has been aba[-ed by the Building Official,
he shall give written notice to the record ow~er
of the p~yoperty or any other interested p;~rty
listed in Section 401(c) of said par~.es' right ~:o
apt~eal the actions of the Bu:i. lding Official. The
service of such notice shall be pursuant to the
applicable procedures of' Chapter 4 of this Code.
(2) Such notice shall be substantially in
the following form:
"IMPORTANT NOTICE REGARDING DISPOSITION
OF PROPERTY LOCATED AT
and legally described as:
On or about the Building
Official determined that the above-
described property constituted an immed'iate
danger to the life, limb, property or
safety of the' public o.r its occupants,
within the meaning of Section 302 and
Chapter 4B of the 1973 Uniform Code for
the Abatement of Dangerous Buildings, as
amended by Tustin City Ordinance No.
~_ - Action was taken by this Department
to abate said condition commencin~ on
the __ day of , 197_, and
be:Ing coml~].eted on the d:~y of
, 197_. Such action consisted
of.:
1
2 ~! YOU ARE HlCREBY NO'FIFIED that you have
--
3 i rhe right' to at~pe. al said actions of the
~, ]}u.ilding Official within thirty days
5 ~I from the date of service of ..this notice
6 upon you by filing a written appeal
? pursuant to Chapter 5 of the 1973 Uniform
8 Code 'for the. Abatement of Dangerous
9 Buildings.
10
II (S]gned)
12 Ba~lding Official, City of '."
i5 Section. 411(a) -_ A.p_peals Procedure,
i4 (1) The appeals procedure for this section
15 shall be in accordance with Chapters 5, 6 and 9 of
16 the 1.973 Uniform Code for the Abatement of Dangerous
!7 Buildings, and any other provisions of the said
18 Code which are found to be applicable, except for
19 the following changes:
20 (a) The proceeding~ under Chapter 9 of this
21 Code and especially Secti. ons 903, 904
'~2 and 905 sba!l be combined into one
2~ hearing with the hearing provided in
24 Section 501 (c) .
25 This ordinance is hereby declared to be an urgency
26 vrdinance which it is necessary ~e in force and effect
27 immediately upon its adoption ~n order to preserve and
28 !~ t,,rotect the puhtic health, safety and we]fare.
29 ~ PASSED AND ADOPTI'2D st a regular meeting of the City
50 Council., City of T,,stin, California, held-on the 6th day of January 1975. / ,
52 {
2 ]~IAYOR
4
5
6 ATTEST:
9
10'
ll
12
14 STATE OF C~LIFOI~IA)
CO~NTY OF O~NGE )SS
18 C~ O~ ~S~ ) --
16 R~H C. POE, City Clerk and ex-o~Eicio Clerk o~ the City Council ~
the City o~ Tustin, Cali~o~n~ does hs~-s~ certify that ths whole
1V n~e~ o~ ~s~ers o~ the City Council o~ the City o~ ~k~stin, is Eivs~
that' the a~ove and ~o~9oin90~dinance ~o. 6~1 was duly and r~gularly
18 introduced and read at a ~egula~ ~set~n9 o~ ths City Council ~eld o.n
the 6th day o~ January, 19V~, and was 9iven its second ~eadin9 and
19 duly passed and ad~ptsd as an u~gency o~dinancs at a ~egula~ meetin9
held on ths 6th day o~ January, 19VE, ~y the Eol. lowin9 vote:
~0
~YES: ~CI~N ~NGLEY v S~LT~P~ ~I ~ WE~H v EDG~E
-B1
NOES: ~CIDIEM MONE
B2
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City C!ezc~i.ty of Tustin, Cali~ox-nj_a
30 ~hb].ish Tuskin News
January !6, 1975
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