Chapter 15.32
ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.32.010 Adoption of the Uniform Code for the Abatement of Dangerous Buildings.
15.32.020 Deletions, revisions and additions.
15.32.030 Section 201 amended.
15.32.040 Section 202 amended.
15.32.050 Section 204 amended.
15.32.060 Section 205 is deleted.
15.32.110 Section 801 amended.
15.32.010 Adoption of the Uniform Code for the Abatement of Dangerous Buildings.
There is adopted and incorporated by reference herein the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, promulgated and published by the International Code Council, including such provisions as are hereinafter added, deleted or amended. (Ord. 827 § 3 (Exh. 1), 2019)
15.32.020 Deletions, revisions and additions.
The deletions, revisions and additions set forth in Sections 201, 202, 204, 205 and 801 and Chapters 4, 5, 6 and 7 are made to the Uniform Code for the Abatement of Dangerous Buildings. (Ord. 827 § 3 (Exh. 1), 2019)
15.32.030 Section 201 amended.
Section 201 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Sec. 201.
(a) Administration. The Director of Development Services or his/her designee is hereby authorized to enforce the provisions of this code.
The Director of Development Services shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as he or she may deem necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
(b) Inspections. The health officer, the fire marshal, the building official and the Director of Development Services or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.
“Authorized representative” shall include the officers and their designees named in Section 201(b) and their authorized inspection personnel.
(Ord. 827 § 3 (Exh. 1), 2019)
15.32.040 Section 202 amended.
Section 202 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Sec. 202. All buildings or portions thereof which are determined after inspection by the Director of Development Services to be dangerous as defined in this code are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code.
(Ord. 827 § 3 (Exh. 1), 2019)
15.32.050 Section 204 amended.
Section 204 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Sec. 204. All buildings or structures within the scope of the code and all construction or work for which a permit is required shall be subject to inspection by an Authorized Representative in accordance with and in the manner provided by this code and Sections 110 and 1704 of the 2016 California Building Code.
(Ord. 827 § 3 (Exh. 1), 2019)
15.32.060 Section 205 is deleted.
Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is deleted from the code. (Ord. 827 § 3 (Exh. 1), 2019)
15.32.070 Chapter 4 amended.
Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
CHAPTER 4
NOTICES AND ORDERS OF DIRECTOR OF DEVELOPMENT SERVICES
General.
Sec. 401.
(a) Commencement of Proceedings. Whenever the Director of Development Services has inspected or cause to be inspected any building and has found and determined that such building is a dangerous building, the Director may commence proceedings to cause the repair, vacation or demolition of the building.
(b) Notice and Order. The Director of Development Services shall issue a notice and order directed to the record owner of the building. If readily available, the notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. A statement that the Director of Development Services has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code.
3. A statement of the action required to be taken as determined by the Director of Development Services.
(i) If the Director of Development Services has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Director of Development Services shall determine is reasonable under all of the circumstances.
(ii) If the Director of Development Services has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Director of Development Services to be reasonable.
(iii) If the Director of Development Services has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Director of Development Services shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Director of Development Services shall determine is reasonable.
4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Director of Development Services:
(i) will order the building vacated and posted to prevent further occupancy until the work is completed, and
(ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. Statements advising.
(i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Director of Development Services to the Hearing Officer in accordance with Chapter 2.20, provided the appeal is made in writing as provided in this code and filed with the city clerk within 10 days from the date of service of such notice and order; and
(ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(c) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served by mail upon the record owner or posted on the property.
(d) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either by mailing a copy of such notice and order by first class mail, postage prepaid, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the Director of Development Services. If no address of any such person so appears or is known to the Director of Development Services, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by mail in the manner herein provided shall be effective on the date of mailing.
Recordation of Notice and Order.
Sec. 402. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Director of Development Services may file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the Director of Development Services shall file a new certificate with the 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 appropriate.
Repair, Vacation and Demolition.
1. In addition to any other remedy authorized by law, any building declared a dangerous building under this code shall be made to comply with one of the following.
(i) The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair.
(ii) The building shall be demolished; or
(iii) If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.
2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
Notice to Vacate.
Sec. 404. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 401(c), be posted at or upon each exit of the building and shall be substantially the following form.
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Director of Development Services, the City of Poway
(b) Compliance. Whenever such notice is posted, the Director of Development Services shall include a notification thereof in the notice and order issued by him or her under Subsection (b) of Section 401, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under an active permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.
(Ord. 827 § 3 (Exh. 1), 2019)
15.32.080 Chapter 5 amended.
Chapter 5 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
CHAPTER 5
APPEAL
General.
Section 501 Form of Appeal. Any person entitled to service under Section 401(c) may appeal any notice and order or any action of the Director of Development Services under this code in accordance with Chapter 2.20 of the Poway Municipal Code.
Effect of Failure to Appeal.
Section 502. Failure of any person to file an appeal in accordance with the provisions of Section 501 shall constitute a waiver of that person’s right to an administrative hearing and adjudication of the notice and order, or any portion thereof.
Staying Order Under Appeal.
Section 503. Except for vacation orders made pursuant to Section 403, enforcement of any notice and order of the Director of Development Services issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, unless the Director of Development Services determines that good cause exists to proceed with enforcement.
(Ord. 827 § 3 (Exh. 1), 2019)
15.32.090 Chapter 6 deleted.
Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings is deleted from the code. (Ord. 827 § 3 (Exh. 1), 2019)
15.32.100 Chapter 7 amended.
Chapter 7 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Chapter 7
ENFORCEMENT OF THE ORDER OF THE DIRECTOR OF DEVELOPMENT SERVICES
Compliance.
(a) Sec. 701 General. After any order of the Director of Development Services 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 a misdemeanor.
(b) Failure to Obey Order. If, after any order of the Director of Development Services 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 Director of Development Services 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.
(c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective.
1. The Director of Development Services may 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 a misdemeanor to occupy this building or to remove or deface this notice.
Director of Development Services, the City of Poway
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 Director of Development Services have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.
3. The Director of Development Services 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 order required demolition, to cause the building to be sold and demolished or 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.
Extension of Time to Perform Work.
Sec. 702. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Director of Development Services or designee may, in the discretion of the Director, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the Director of Development Services determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.
Interference with Repair or Demolition Work Prohibited.
Sec. 703. No person shall obstruct, impede or interfere with any officer, employee, contractor, or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
(Ord. 827 § 3 (Exh. 1), 2019)
15.32.110 Section 801 amended.
Section 801 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
(a) Sec. 80 Procedure. When any work of repair or demolition is to be done pursuant to Section 701(c)(3) of this code, the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of the Director of Development Services. Plans and specifications therefor may be prepared by the Director of Development Services, or his/her representative, or he/she may employ such architectural and engineering assistance on a contract basis as he/she may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard contractual procedures shall be followed.
(b) Costs. The cost of such work may be made a special assessment or lien against the property involved or may be made a personal obligation of the responsible person(s), whichever the legislative body of this jurisdiction shall determine is appropriate.
(Ord. 827 § 3 (Exh. 1), 2019)