Chapter 15.12
CONDEMNATION OF BUILDINGS

Sections:

15.12.010    Definitions.

15.12.020    Board of condemnation.

15.12.030    Powers of board.

15.12.040    Notice of hearing.

15.12.050    Determination of board.

15.12.060    Notification of findings.

15.12.070    Failure to comply.

15.12.080    Declaration and abatement of nuisances.

15.12.090    Vacant buildings.

15.12.100    Abatement by city.

15.12.110    Approval by city council.

15.12.010 Definitions.

A. For the purpose of this chapter, “a building constituting a menace to public safety” is defined as:

1. Any building, or other structure, located in the city of Etna, so constructed as to more than ordinarily endanger the safety of persons therein in case of fire, or so situated as to more than ordinarily endanger other buildings or property in the vicinity in case of fire, or so constructed or situated as to render the same peculiarly susceptible to fire from within or without; or

2. Any building or other structure in the city of Etna, which by reason of rot, weakened joists, walls, floors, underpinning, roofs, ceilings, insecure foundations, or other cause, has become so dilapidated or deteriorated as to endanger the safety of persons therein or nearby.

B. For the purpose of this chapter, “owner” means the holder or holders of the record title and all recorded interests therein on the day upon which the notice of hearing is issued. (Ord. 62 §§ 1, 2, 1966)

15.12.020 Board of condemnation.

The board of condemnation is created and shall consist of the fire chief, chief of police and superintendent of maintenance with the assistance of the county building inspector. (Ord. 62 § 3, 1966)

15.12.030 Powers of board.

The board is granted the power, after hearing, to conclusively find and determine whether any building constitutes a menace to public safety. The board may, as part of the hearing, inspect such building and the facts observed by the board at such inspection shall constitute evidence upon which it may base its findings. (Ord. 62 § 4, 1966)

15.12.040 Notice of hearing.

Notice of hearing shall be given by the board by posting in a conspicuous place on the building at least 10 days prior to the date of hearing a notice directed to “all persons having or claiming any interest” in the building, designating the building sought to be condemned, the grounds therefor and the time and place of hearing. A copy of the notice shall be sent by registered mail at least 10 days prior to such hearing to each owner at his last known address, or if such address cannot, after due diligence, be ascertained, then to the owner at Etna, California. (Ord. 62 § 4, 1966)

15.12.050 Determination of board.

Whenever the board shall have determined that a building constitutes a menace to public safety, it shall thereupon conclusively find and determine what repairs or alterations are necessary or whether the total destruction of such building is necessary in order that such building shall not constitute a menace to public safety. The board shall also conclusively determine and find the length of time necessary to complete such repairs, alterations or destruction, such time to begin to run upon service of finding, and the board may, for good cause, extend such time for not to exceed 30 days. (Ord. 62 § 5, 1966)

15.12.060 Notification of findings.

The findings of the board shall be in writing and shall be served upon the owner personally, and if, after due diligence, he cannot be found, shall in lieu thereof be posted for 10 days in a conspicuous place on the building. (Ord. 62 § 6, 1966)

15.12.070 Failure to comply.

It shall be unlawful and punishable by a fine not exceeding $500.00 or by imprisonment in the county jail for not more than six months, or both, for any owner of any building which has been found by the board of condemnation to constitute a menace to public safety to fail, after service of findings as provided in EMC 15.12.060, to destroy, alter or repair such building in accordance with the findings of the board and within the time allowed by the board, provided such owner has the legal power to do destroy, alter or repair such building, and it shall be unlawful and similarly punishable for any owner after he has received the notice of hearing above provided to disable himself from destroying, altering or repairing such building. Each day’s failure to so alter, destroy or repair such buildings shall constitute a distinct and separate offense. (Ord. 62 § 7, 1966)

15.12.080 Declaration and abatement of nuisances.

Every building constituting a menace to public safety, as the same is defined in EMC 15.12.010, is declared to be a public nuisance and said nuisance may be abated summarily or by civil action. (Ord. 62 § 8, 1966)

15.12.090 Vacant buildings.

Any vacant building shall be made secure against any unlawful entry. If such building is not made secure, it shall be declared a public nuisance. (Ord. 62 § 9, 1966)

15.12.100 Abatement by city.

Every building found by the board of condemnation to constitute a menace to public safety shall, if not destroyed, altered or repaired within the time allowed by and in accordance with the findings of the board, be deemed and every such building is declared to be a public nuisance and every such nuisance may be abated summarily or by civil action. (Ord. 62 § 10, 1966)

15.12.110 Approval by city council.

All condemnation, cleanup or other project governed by this chapter shall be presented to the city council for approval before any action is taken. (Amendment dated 9/5/67; Ord. 62 § 13, 1966)