Chapter 8. Abatement of Dangerous Buildings Code

Sec. 9-8.01 Administration.

These regulations shall be known as the “Code for Abatement of Dangerous

Buildings,” and may be so cited, and will be referred to herein as “this Chapter.”

This Code is one of the technical codes of Building Regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 324 Div. 9 (part), 1994)

Sec. 9-8.02 Adoption by Reference.

The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter. (Ord. 500 § 8 (part), 2017)

Sec. 9-8.03 Copies on File.

One (1) copy and the Abatement of Dangerous Buildings Code as adopted by Section 9-8.02, and all amendments thereto, are kept on file in the office of the Building Official for inspection by the public. (Ord. 324 Div. 9 (part), 1994)

Sec. 9-8.04 Amendments, Additions and Deletions.

Addition to Chapter 1, Section 102(b), Scope, to read as an additional paragraph as follows:

Section 102(b). The Administrative part of this chapter is in addition to the City of Hercules Building Regulations Administrative Code, Title 9, Chapter 1, of the Hercules Municipal Code. Where conflicts occur between this chapter and Chapter 1, the provisions of Chapter 1, Title 9 of the Hercules Municipal Code shall govern. (Ord. 324 Div. 9 (part), 1994)

Sec. 9-8.05 Dangerous Building Defined.

Dangerous building shall be as defined in Section 302 of the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted in Section 9-8.02. (Ord. 500 § 8 (part), 2017)

Sec. 9-8.06 Repair, Vacation and Demolition.

See Section 403 of the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted in Section 9-8.02. (Ord. 500 § 8 (part), 2017)

Sec. 9-8.07 Enforcement of the Order of the Building Official.

(a) Issuance of Order. After any order of the Building Official or the Board of Appeals made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of an infraction.

(b) Failure to Obey Order. If, after any order of the Building Official made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under subsection (a) of this Section or (ii) institute any appropriate action to abate such building as a public nuisance.

(1) The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING

DO NOT OCCUPY

It is an infraction to occupy this building, or to remove or deface this notice.

Building Official

City of Hercules

(2) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code and Chapter 9 of this Code.

(3) The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and ordered required demolition, to cause the building to be sold and demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this Code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. (Ord. 324 Div. 9 (part), 1994)