Chapter 14.52
SUBSTANDARD HOUSING, UNSAFE STRUCTURES AND UNSAFE USE OF PROPERTY—NUISANCES
Sections:
14.52.030 Warning of proceeding and fees.
14.52.050 Proceeding before the board of review.
14.52.070 Appeal to city council.
14.52.080 Time to bring action.
14.52.090 Jurisdiction to abate.
14.52.100 Itemization and posting of expenses.
14.52.110 Statement of expense.
14.52.120 Interpretation and penalty for violation.
14.52.010 Nuisance.
The following conditions are public nuisances:
A. Any property or portion thereof which, as the result of the development, use and/or conditions created thereon, has become unsafe, injurious to health, indecent, offensive to the senses, or which unlawfully obstructs the free passage or use, in the customary manner, of any city park, square, sidewalk, street, or highway, or which constitutes a fire hazard or which may have a deleterious impact on the monetary values of neighboring properties;
B. Any dangerous building or structure;
C. Any substandard housing or dwelling;
D. Any attractive nuisance;
E. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of land, buildings or premises established, conducted, operated or maintained contrary to the provisions of Title 17 (zoning ordinance). (Ord. 2015-08 § 2 (part), 2015; Ord. 2003-3 § 1, 2003: Ord. 90-21 § 2 (part), 1990)
14.52.020 Definitions.
For the purpose of this chapter, the words set out in this section shall have the following meanings:
A. “Abandoned building or structure” means any building or structure which has not been actively utilized for a lawful purpose, which has not been maintained, and which has not been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than six months.
B. A “dangerous building or structure” means that the condition or defect hereinafter described exists to the extent that life, health, property or safety of the public or its occupants are endangered:
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the city building code for new buildings of similar structure, purpose or location;
3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the city building code for new buildings of similar structure, purpose or location;
4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the city building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the city building code for such buildings;
6. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
7. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;
8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base;
10. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;
11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated through lack of maintenance, as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
12. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
13. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the enforcement officer, to be unsanitary, unfit for human habitation of in such condition that is likely to cause sickness or disease;
14. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, faulty gas connections or heating apparatus, faulty construction, or other cause, is determined to be a fire, health, or safety hazard;
15. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;
16. Whenever any building or structure is abandoned.
C. 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.
D. “Substandard housing” and/or “unsafe use of property” means, in addition to the conditions described in subsection (B)(1) through (16) of this section, and the definition of “substandard building” as set forth in the state of California, Health and Safety Code 17920.3, as amended, that one or more of the following conditions or defects are present in a dwelling unit, guest room, suite of rooms or the premises on which the same are located; or a condition created on the property through use of the property, which are ordinarily and customarily used for human habitation, to the extent that the life, limb, health, safety or property of the occupants or the public are in danger:
1. Inadequate sanitation, which shall include but not be limited to the following:
a. Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit,
b. Lack of or improper water closet, lavatories, and bathtubs or showers per number of guests in a hotel,
c. Lack of or improper kitchen sink,
d. Lack of hot and cold running water to plumbing fixtures in a hotel,
e. Lack of hot and cold running water to plumbing fixtures in a dwelling unit,
f. Lack of adequate heating facilities,
g. Lack of or improper operation of required ventilation equipment,
h. Lack of minimum amounts of natural light and ventilation as required by Title 14 of this code,
i. Room and space dimensions less than required by Title 14 of this code,
j. Lack of required electrical lighting,
k. Excessive dampness of habitable rooms,
l. Excessive infestation of insects, vermin or rodents,
m. General dilapidation,
n. Lack-of connection to functional sewage disposal system,
o. Discharge of sewage on the surface of the ground, and
p. Lack of an adequate and safe water supply;
2. Structural hazards, which include but are not limited to the following:
a. Deteriorated or inadequate foundations,
b. Defective or deteriorated flooring or floor supports,
c. Flooring or floor supports of insufficient size to carry imposed loads with safety,
d. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration,
e. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety,
f. Members of ceiling, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration,
g. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety,
h. Fireplaces or chimneys which list, bulge or have settled, due to defective materials or deterioration,
i. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety, and
j. Cesspools and septic tanks which are structurally unsound;
3. Hazardous wiring;
4. Hazardous plumbing, which includes but is not limited to the following:
a. Any trap which is defective, unprotected against siphonage and back-pressure by vent pipe or does not have a functional sanitary trap seal,
b. Any plumbing fixture or other waste-discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition, and
c. Any other plumbing condition which is sanitarily unsafe to any person who may occupy the building;
5. Hazardous mechanical equipment;
6. Faulty weather protection, which includes but is not limited to the following:
a. Deteriorated, crumbling or loose plaster,
b. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors,
c. Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering, and
d. Broken, rotted, split or buckled exterior wall or roof coverings;
7. Fire hazard, which shall mean any building (or portion thereof), device, apparatus, equipment, combustible waste vegetation which is likely to provide a ready source of fuel to augment the spread and intensity of a fire or explosion;
8. Faulty material of construction;
9. Hazardous or unsanitary premises, which shall mean those premises on which an accumulation of weeds, vegetation, junk, abandoned refrigerators/freezers, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, hazardous materials, and similar materials of conditions constitute fire, health or safety hazards;
10. Inadequate exits;
11. Inadequate fire-protection or fire-fighting equipment, which shall mean all buildings or portion thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by Title 14 of this code, or whose fire-resistive integrity and fire-extinguishing systems or equipment have not been adequately maintained and improved in relation to any increase in occupant load, alteration, addition, change in occupancy or change in use;
12. The presence, disposals, releases or threatened releases of hazardous substances, or hazardous wastes, on, from or under the property. The terms “disposal,” “releases,” “threatened release,” “hazardous substances” and “hazardous wastes” shall have definitions assigned thereto by the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, as amended. Also including all hazardous materials that is defined by the State of California Health and Safety Code Sections 25117 and 25124;
13. Overcrowding as defined by the Uniform Housing Code. (Ord. 90-21 § 2 (part), 1990)
14.52.030 Warning of proceeding and fees.
Upon inspection, if the enforcement officer identifies conditions which may lead to a substandard structure enforcement proceeding, the owner shall be provided, in person or by mail, a warning letter describing the procedure and the associated fees. (Ord. 90-21 § 2 (part), 1990)
14.52.040 Notice to owners.
A. The enforcement officer of the city or the chief of police or their respective designees, may determine that a building or structure or other property within the city constitutes a public nuisance. The community development department will have primary authority for the enforcement of substandard housing, unsafe structure, and/or unsafe use of property violations.
B. If it appears to the enforcement officer that a substandard housing, unsafe structure and/or unsafe use of property is located or existing on private or public property, he may follow such administrative procedures to secure voluntary removal, destruction, correction and/or abatement of such substandard housing, unsafe structure and/or unsafe use of property as appears advisable in each individual case prior to giving a notice of intention to abate pursuant to this chapter.
C. Upon such determination, the enforcement officer shall notify, by means of certified or registered mail, the owner, as such person’s name appears on the last equalized county assessment roll, mortgagees and beneficiaries under any deed of trust relating to such property of record (if such persons’ addresses are known or reasonably available) that the building, structure, use of property, or property is a public nuisance. A copy of such notice shall also be posted at conspicuous places (front and rear) on such building, structure or property and recorded in the office of the Tulare County recorder.
D. Upon such determination and noticing, the property owner shall be liable to pay a fee for initial actions to enforce against substandard housing, unsafe structure and/or unsafe use of property violations as set forth in the schedule of fees, charges and costs recovery. The fee, if not paid within thirty days of noticing, shall constitute a lien on the real property subject to the enforcement action.
E. Such notice shall contain a statement describing the condition which renders such building, structure, property and/or use of property, a nuisance. If, in the opinion of such official, such condition can be corrected or abated by repair or other work, such notice shall also state and describe the specific repairs or other work required to abate such condition. The notice shall order that the conditions which constitute the nuisance be abated by demolition, repair or other means within thirty days after the date such notice was mailed. Such official may further order upon a finding that there exists extreme and imminent danger to the lives or safety of the occupants, that the building, structure or property, or any portion thereof be immediately vacated, or disconnection of any utility service causing the dangerous condition.
F. At any time after a property owner has been notified of an unsafe structure, substandard housing and/or unsafe use of property pursuant to this chapter, any interested party may cause such unsafe structure, substandard housing and/or unsafe use of property to be removed, razed, corrected and/or abated. If the official has assessed administrative costs and the cost of removal, destruction, correction and/or abatement against the property on which the unsafe structure, sub-standard housing and/or unsafe use of property is located or exists, and the unsafe structure, substandard housing and/or unsafe use of property is removed, razed, corrected and/or abated, without costs to the city, only the administrative costs shall thereafter be collected from the property owner. (Ord. 90-21 § 2 (part), 1990)
14.52.050 Proceeding before the board of review.
A. If, within forty-five days of the date of mailing and posting of the notice described in Section 14.52.040, the nuisance condition described in the notice has not been abated as required therein, the enforcement official may institute proceedings before the board of review for the abatement of such nuisance.
B. Proceedings shall be instituted before the board of review by filing a “Notice to Abate Public Nuisance.” A copy of such notice shall be served upon the owners, mortgagees and beneficiaries under any deed of trust relating to such property of record. Such notice shall be served and posted in the manner prescribed in Section 14.52.040(C) and in the event all such persons’ addresses are not known or reasonable available to the official, it shall also be published once in a newspaper of general circulation in the city. A copy of such notice may also be filed with the Tulare County recorder. The property owner shall be liable to pay a second fee for actions to enforce against substandard housing, unsafe structure and/or unsafe use of property violations as set forth in the schedule of fees, charges and costs recovery adopted by city council and as subsequently amended.
C. Such notice shall state the time, place and date of the hearing before the board of review (which in no event shall be sooner than fifteen days from the date of such notice); the specific conditions which constitute the public nuisance; and shall direct such owner to appear and show cause why such building, structure, use of property, or property should not be determined a public nuisance and said nuisance be abated. The notice to abate public nuisance shall be in letters not less than three-fourths of an inch in height and be in substantially the following form:
“NOTICE TO ABATE PUBLIC NUISANCE”
The owner of the building, structure or property situated at ______, is hereby notified to appear before the Board of Review of the City of Dinuba at its meeting to be held on _______, 19__, at (place of meeting), at the hour of _____, __m., or as soon thereafter as he may be heard, and show cause, if any he has, why said building, structure or other property should not be declared a public nuisance and said nuisance be abated by reconstructing, properly repairing, razing, removing or other appropriate means.
DATED: ___________
COMMUNITY DEVELOPMENT DEPT.
BY: ____________________
D. The failure of any owner or other person to receive any notice required to be given or posted by this chapter shall not affect in any manner the validity of any proceedings taken hereunder. (Ord. 90-21 § 2 (part), 1990)
14.52.060 Hearing.
A. At the time fixed in the notice, the board of review shall proceed to hear all competent, relevant and reliable evidence respecting the condition of the building, structure, use of property, or property, the estimated costs of its reconstruction, repair, removal or other work, and any other matter which the board of review may deem pertinent thereto.
B. Upon the conclusion of the hearing, the board of review shall, by resolution, make its findings based on the weight of the evidence presented at such hearing. In the event that it so concludes, it may declare the building, structure, use of property, or property a public nuisance and direct the owner thereof to abate the same within thirty days after the date of posting on the premises a notice of the passage of the resolution. The resolution may further order the building, structure, use of property, or property be razed, removed or otherwise abated by the city if the nuisance is not abated within the thirty days, and that the expense thereof be made a lien on the lot or parcel of land upon which the building, structure or property is located.
C. At any time within sixty days after the passage of such resolution directing the abatement of a public nuisance, the enforcement officer shall conspicuously post a copy thereof on the building, structure or property declared a public nuisance, and shall mail another copy of such resolution to the owners thereof, as well as to the mortgagees and beneficiaries under any deed of trust relating to such property of record. If the address of any such person is unknown to the official, then a copy of such resolution shall be published once in a newspaper of general circulation in the city.
D. The board of review may grant reasonable extensions of time to abate the nuisance upon good cause therefor being shown. (Ord. 90-21 § 2 (part), 1990)
14.52.070 Appeal to city council.
Any interested party, including the enforcement officer, may appeal the decision of the board of review to the city council by filing an appeal in writing with the clerk of the city council within ten days of such final decision of the board of review. Upon the filing of an appeal, the city council shall schedule and notify the parties of a hearing to be conducted in accordance with the provisions of Section 14.52.060. The city council shall consider all relevant, competent and reliable evidence. It may sustain, modify or reverse the decision of the board of review. The decision of the city council shall be final, except as hereinafter provided. (Ord. 90-21 § 2 (part), 1990)
14.52.080 Time to bring action.
Any interested person feeling aggrieved by the actions of the city council may, within thirty days after the date of notice to the parties of its decision, bring an action in a court of competent jurisdiction to contest the validity of the proceedings. (Ord. 90-21 § 2 (part), 1990)
14.52.090 Jurisdiction to abate.
Thirty days after posting the resolution of the board of review or of posting or mailing the notice of the resolution of the city council respecting the building, structure, use of property, or property, the city may take such action to abate the nuisance as was authorized and directed by the board of review or the city council unless the nuisance has previously been abated by the owner or other interested person. (Ord. 90-21 § 2 (part), 1990)
14.52.100 Itemization and posting of expenses.
A. The enforcement officer shall keep an itemized account of the expenses incurred in razing, removing, or otherwise abating any such building, or structure or use of property.
B. The enforcement officer shall cause to be conspicuously posted on the property from which the building, structure or use of property was razed, removed, or otherwise abated, a statement, verified by the police department, showing expenses incurred in the work, together with a notice of the time and place that the statement will be submitted to the board of review for approval and confirmation.
C. The board of review shall consider objections or protests, if any, which may be raised by any person liable to be assessed for the cost of such work and any other interested person. A copy of the statement and notice shall be mailed in the manner prescribed in Section 14.52.040. The time for submitting the statement to the board of review for confirmation shall be not less than five days from the date of posting and mailing the statement and notice. (Ord. 90-21 § 2 (part), 1990)
14.52.110 Statement of expense.
A. At the time fixed for hearing objection or protest to the statement of expenses, the board of review shall consider the statement, together with any objections or protests which may be raised. The board of review may make such revisions, corrections, or modifications in such statement as it may deem just. The board’s decisions on the statement, protests and objections shall be final and conclusive.
B. The cost of razing, removing or abating the nuisance, if any, if not paid within five days after the decision, shall constitute a lien on the real property upon which the same was abated or removed or on any other real property as authorized under Health and Safety Code Sections 510 and 510.7 as amended. Such lien shall continue until the amount thereof and interest thereon (at the rate of ten percent per year computed from the date of confirmation of the statement) is paid or discharged of record. Such costs shall be collected with the property taxes for such property, and such lien shall have, for all purposes, parity with state, county and municipal tax liens. The enforcement officer, within sixty days after the decision of the board of review on the statement, shall cause to be filed in the office of the recorder of Tulare County a certificate substantially in the following form:
“NOTICE OF LIEN”
Pursuant to the authority vested in the undersigned by Chapter 14.52 of the Ordinance Code of the City of Dinuba, Government Code Section 38773.5 of the State of California and Title 25 of the Code of Regulations of the State of California, the undersigned did on the day of ___, 20__ cause a nuisance to be abated on the real property hereinafter described; and the undersigned did, on the day of ___, 20__ assess the cost of such abatement, upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the said City of Dinuba does hereby claim a lien on said real property for the expense of doing said work in the sum of $___ and the same shall be a lien upon said real property to be collected, together with the real property taxes, until the said sum, with interest at the rate of ten percent (10% per annum) from the day of ___, 20__, (insert date of confirmation of statement) has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the County of Tulare, State of California and particularly described as follows:
(space left for description and Assessor’s parcel number)
DATED:
COMMUNITY DEVELOPMENT DEPT.
BY:
C. From and after the date or recording the notice of lien, all persons shall be deemed to have notice of the contents thereof. The statute of limitations shall not run against the right of the city to enforce the payment of the lien. (Ord. 90-21 § 2 (part), 1990)
14.52.120 Interpretation and penalty for violation.
A. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the requirements of this chapter may be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars and/or imprisonment in county jail up to six months.
B. Any person, firm or corporation violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of an infraction and the penalty shall be that as prescribed in Section 1.16.010 of this code.
C. No provisions of this chapter shall be deemed to bar any legal, equitable, or summary remedy to which the city or any person may otherwise be entitled to under applicable state and/or federal laws, regulations and statutes. This chapter is not the exclusive regulation of substandard housing, unsafe structures and/or unsafe uses of property. It shall supplement and be in addition to the other regulatory statutes and ordinances heretofore or hereafter enacted by the state, the city or any other legal entity or agency having jurisdiction. (Ord. 90-21 § 2 (part), 1990)