Chapter 15.20
DANGEROUS BUILDINGS
Sections:
15.20.010 Purpose.
15.20.020 Definition of building.
15.20.030 Dangerous buildings constitute a public nuisance.
15.20.040 Inspection and determination that a building is dangerous.
15.20.050 Corrective actions to abate a dangerous building.
15.20.060 Emergency summary abatement.
15.20.070 Administrative charge.
15.20.080 Notice and order to demolish a dangerous building.
15.20.090 Notice to tenants.
15.20.100 Administrative hearing.
15.20.110 Written decision and order.
15.20.120 Appeal to City Council.
15.20.130 Demolition by City.
15.20.140 Disposition of materials from demolition.
15.20.150 Abatement costs.
15.20.160 Collection of unpaid costs and City Council confirmation hearing.
15.20.170 Enforcement costs – Revolving fund created.
15.20.010 Purpose.
The purpose of this chapter is to establish procedures for the abatement of dangerous buildings by demolition, removal, or by making the buildings safe either by the owner or the City pursuant to the California Building Code and other uniform codes adopted by the City in LMC Title 15, Buildings and Construction. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.020 Definition of building.
For the purposes of this chapter, the term “building” means any structure built or otherwise constructed in the City, whether or not it is occupied and regardless of whether it was constructed with or without a building permit. By way of example, a residence is an occupied structure, and a fence is an unoccupied structure, but both a residence and a fence are buildings for the purposes of this chapter. By way of another example, a wall less than three feet in height is not occupied and generally does not require a building permit for construction, but it is a building for the purposes of this chapter. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.030 Dangerous buildings constitute a public nuisance.
The creation, maintenance, or mere existence of any of the following conditions constitutes a dangerous building and a public nuisance:
A. Unsafe, Substandard, and Dangerous Buildings. Any building that has one or more of the conditions declared to be a public nuisance in LMC 8.14.040.
B. Unfit for Human Habitation or Occupancy. Any building intended or used for human habitation or occupancy that has one or more of the following conditions:
1. It is unsanitary.
2. It lacks adequate means of egress.
3. It lacks adequate light and ventilation.
4. It has been inadequately maintained for human habitation or occupancy, such as dilapidation from old age, neglect, decay, or other causes.
C. Hazardous Conditions. Any building that has one or more of the following conditions:
1. Constitutes a fire hazard.
2. Is partially destroyed by fire.
3. Has an illegal or improper occupancy.
4. Is not secured against illegal or improper entry.
5. Is dangerous to human life or the public welfare. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 1985 § 9, 2013)
15.20.040 Inspection and determination that a building is dangerous.
The building official, public health officer, and fire marshal are authorized to make such inspections and take such actions as may be necessary to enforce the provisions of this code. The building official, or his or her designee, may determine that a building is dangerous based upon an inspection report for that building prepared by an enforcement officer defined by LMC 8.15.020, the public health officer, fire marshal, or building official’s designee. The building official’s determination that a building is dangerous shall be set forth in a written report that identifies the specific conditions upon which that determination was made. The building official shall post the report on the building determined to be dangerous along with a tag to restrict occupancy to the extent warranted by the conditions. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 1985 § 9, 2013)
15.20.050 Corrective actions to abate a dangerous building.
Upon determining that a building is dangerous, the building official shall also determine the corrective actions to be taken to abate the dangerous condition, whether through demolition, removal, or by making the building safe.
A. Repair of Dangerous Building. The building official shall give preference to the repair of the building whenever it is economically feasible to do so; provided, that repairs are not needed to more than 75 percent of the building. If the building official determines that the conditions can be repaired and made safe, the notice and abatement procedures set forth in Chapter 8.15 LMC shall be followed, including the provisions of this section, if applicable.
B. Demolition of Dangerous Building. If the building official determines that the building is in such a dangerous condition that the only feasible economic alternative is to demolish it, the building official may, as warranted in his or her discretion, issue compliance orders, citations, administrative charges and penalties as set forth in Chapter 8.15 LMC, or immediately proceed with the notice and order to demolish a dangerous building and the administrative hearing set forth in this chapter to gain compliance. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.060 Emergency summary abatement.
Whenever the building official determines that a building is so imminently dangerous to life or adjacent property that such condition must be immediately corrected or isolated, the emergency summary abatement procedures set forth in LMC 8.15.040 may be instituted to abate those conditions. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.070 Administrative charge.
If the building official issues a compliance order pursuant to LMC 15.20.050(B) for the dangerous conditions, and the responsible party does not correct the dangerous conditions as set forth in the notice, then the responsible party shall be assessed an administrative charge in the same amount and manner set forth in LMC 8.15.080. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.080 Notice and order to demolish a dangerous building.
A. Contents of Notice. The notice and order to demolish a dangerous building shall contain the following information:
1. The street address, legal description, or other description of the location for the building.
2. The names and addresses of the responsible party, owner, agent or person in control of the building, and any mortgagee or beneficiary under any deed of trust of record, as well as any other responsible parties that can be identified, for the building.
3. A description of the conditions that have been determined to be dangerous and that require the building to be demolished, along with the specific statutes and code sections that have been violated by the conditions.
4. A statement directing the responsible party to notify the building official within 10 calendar days of the date of the notice whether or not a responsible party will voluntarily obtain a demolition permit and take the necessary steps to demolish the building by no later than 90 days from the date of the notice.
5. A statement that if the responsible party does not comply with the order to demolish the building, the City will enter the property to abate the nuisance and demolish the building, and that the total costs and expenses incurred by the City will become a charge against the owner and a lien or special assessment against the property until paid.
6. The anticipated administrative charge incurred pursuant to LMC 15.20.070 and an estimate of the City’s costs and expenses to abate the public nuisance that are likely to be incurred by the City pursuant to this chapter if the building is not demolished by the responsible party.
7. A statement that all responsible parties shall be jointly and severally responsible for all penalties assessed for the violations and all costs and expenses to demolish the building that are incurred by the City from the date that the notice and order to demolish is sent.
8. A statement notifying the owner of record for the property and the responsible party that a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year pursuant to Revenue and Taxation Code Sections 17274 and 24436.5 and Health and Safety Code Section 17980.
9. A statement that the City will schedule an administrative hearing for the responsible parties to contest the building official’s determination that the building must be demolished, and why any required abatement costs of the City shall not be charged against the responsible party. The date, time, and location may be included in the notice if available, but a separate notice must still be sent to the responsible parties and as set forth in LMC 8.15.110(C).
10. A statement that the building official will send notice to tenants of the building pursuant to LMC 15.20.090, if applicable.
B. Manner of Giving Notice. The notice and order to demolish the building shall be sent by certified mail to the registered owner of the property where the dangerous building is located at the owner’s address as it appears on the last equalized assessment roll or as known to the building official. It shall also be sent to the agent or person in control of the building, any mortgagee or beneficiary under any deed of trust of record, and any responsible party engaged in the violations by certified mail at their addresses gathered though the investigation, and to any tenant by first class mail. A copy of the notice and order to demolish a dangerous building shall also be posted in a conspicuous place upon the subject property. The building official may also provide the notice and order to abate by hand delivery, in which case the building official shall not be required to send the notice by certified mail to that particular responsible party or owner. Notice is deemed complete at the time the notice and order to abate is hand delivered or deposited in the mail and posted on the property.
C. Validity of Notice. The failure of a person to receive notice shall not affect the validity of proceedings under this chapter. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.090 Notice to tenants.
If a building occupied by residential tenants is determined to be dangerous pursuant to this chapter, any order or notice issued pursuant to this chapter shall also be provided to each tenant pursuant to Health and Safety Code Sections 17980(d) and 17980.6. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.100 Administrative hearing.
The administrative hearing shall be conducted in the same manner as set forth in LMC 8.15.100 and 8.15.110 with the following modifications:
A. Appointment. The Community Development Director shall appoint a hearing officer to conduct an administrative hearing upon issuance of a notice and order to demolish a dangerous building.
B. Notice of Hearing. The building division will send out the notice of hearing date to all responsible parties of interest, including any tenants, the hearing officer, building official, Community Development Director, City Manager and City Attorney.
C. Burden of Proof. The City has the burden of proving by a preponderance of the evidence that the dangerous conditions exist and constitute a violation of the code and that demolition of the building is the only economically feasible alternative. The notice and order to demolish a dangerous building and any reports submitted by the building official or designee shall constitute prima facie evidence of the respective facts contained in those documents. The City shall present evidence of the following:
1. The dangerous condition of the building;
2. That it is not economically feasible for the building to be repaired and made safe;
3. The economic cost of repair in comparison to demolition or removal and/or any other evidence to show that demolition is the only reasonable or viable alternative; and
4. The history of attempts to gain the responsible party’s compliance to correct the condition of the building.
A responsible party may contest the building official’s determination by providing evidence or expert testimony about the building’s condition, and by providing evidence of the responsible party’s willingness and economic capability to complete the necessary repairs to make the building safe and bring it into compliance in a timely manner, regardless of cost.
D. Inspection of Building. The hearing officer may inspect the building, to the extent it is determined safe by the building official to do so, as part of the hearing process; provided, that the parties mutually agree, and the owner for the subject property consents to the inspection. The hearing officer must give written notice to the parties of the date and time of the inspection, and the parties are permitted to be present during the hearing officer’s inspection. The City may request all parties to sign a waiver of liability to be present during the inspection. When the hearing resumes after the inspection, the hearing officer shall state for the record the material facts observed during the inspection. The parties shall be afforded an opportunity to rebut or explain the material facts stated by the hearing officer.
E. Failure to Appear. The failure to appear at the hearing by the responsible party shall constitute a failure to exhaust administrative remedies and a waiver of all rights to maintain an action to appeal, modify, or set aside a building official’s notice and order to demolish a dangerous building, and any subsequent City abatement action. Despite the failure to appear, the hearing officer is directed to hear the City’s case in the responsible party’s absence and issue a written decision based upon the City’s evidence. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.110 Written decision and order.
After the administrative hearing, the hearing officer shall a issue a written decision and order as set forth in LMC 8.15.120 with the following modifications:
A. Notice Upheld or Modified.
1. If the hearing officer upholds the building official’s determination that the building is dangerous and should be demolished, the decision must include a demolition order that provides a reasonable schedule for the responsible party to obtain a City demolition permit and to take all necessary steps to demolish or remove the building. In no event shall the demolition date be less than 90 days from the date the decision is mailed.
2. If the hearing officer determines that the responsible party may repair the dangerous building, rather than demolish it, the decision must include an abatement order that provides a reasonable and feasible schedule for expeditious repair, including obtaining all necessary City permits, providing required architectural and engineering plans or other needed studies, and completing the work. Except under unusual or extenuating circumstances, the date of completion should not exceed 180 days from the date the decision is issued. The building official may extend the date of completion as needed to accommodate reasonable good faith progress by the responsible party to eliminate the dangerous conditions.
3. If the hearing officer determines that the nuisance is likely to recur after abatement, the hearing officer’s written decision may order the person to take adequate precautions for a period of time not to exceed 12 months so that the nuisance will not recur.
4. The written determination shall further state that if the building is not demolished, or if the nuisance is not abated, by the date specified in the order, then the City is ordered and authorized to demolish the building, or abate the nuisance, and to recover the administrative charges, costs and expenses to abate the nuisance from the responsible party as set forth herein and in LMC 8.15.150.
B. Finality of Decision – Judicial Review of Non-Building Code Violations. For any public nuisance violations and associated consolidated hearing issues pursuant to LMC 8.15.100 that are not violations of a building code, the hearing officer’s decision is final and conclusive for the City. The written decision and order shall contain a statement of the right to seek judicial review of that portion of the hearing officer’s decision by filing a petition within 90 days with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
C. Appeal to City Council – Building Code Violations. For any public nuisance violations that are violations of a building code, the written decision and order shall contain a statement that the responsible party may appeal to the City Council pursuant to LMC 15.20.120 that portion of the hearing officer’s decision pertaining to public nuisances that are violations of the building code by filing a written request to the City Clerk requesting an appeal of the hearing officer’s decision and paying an appeal fee set by City Council resolution within 10 calendar days of the date of the decision. (Ord. 2105 § 3 (Exh. A), 2020; Ord. 2065 § 1(A), 2018; Ord. 1985 § 9, 2013)
15.20.120 Appeal to City Council.
A. If the responsible person attended the administrative hearing, he or she may appeal the hearing officer’s decision by filing a written request to the City Clerk requesting an appeal hearing within 10 calendar days of the date of the hearing officer’s decision. An appeal fee as set by City Council resolution must be paid within the same 10-calendar-day period for the appeal application to be complete.
B. Within 30 calendar days of receipt of a complete and timely appeal, the hearing before the City Council will be scheduled to take place within 60 days of the date the appeal is received, or as soon thereafter as possible. The City Clerk shall inform the appellant of the date and time of the appeal hearing.
C. The appeal hearing shall be de novo and shall observe the following procedures:
1. The City Council shall receive and consider all relevant testimony, evidence, objections, or protests presented.
2. The person requesting the hearing may represent themselves or may be represented by the person of their choice.
3. The formal rules of evidence and discovery will not apply to the appeal hearing, but the person requesting the hearing, and the building official, shall have the following rights:
a. To appear and present testimony and evidence relevant to any activity or condition identified in the hearing officer’s decision or the notice and order to demolish a dangerous building that is being contested. Hearsay evidence may be presented for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in California. Relevant evidence may be admitted if it is the type of evidence that is competent and may be relied upon by reasonable persons to make a decision, provided the evidence is more than speculation or conjecture. Irrelevant and unduly repetitious evidence shall be excluded.
b. To produce and examine witnesses on any matter relevant to the condition of the premises constituting a nuisance.
c. To introduce documentary and physical evidence.
d. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing.
e. To impeach any witness, regardless of which party first called that witness to testify.
f. To rebut the evidence.
g. The proceedings at the hearing shall be recorded.
4. The person requesting the hearing, or the building official, may use a certified shorthand or stenographic reporter to maintain a written record of the proceedings at the party’s own expense. When a certified shorthand or stenographic reporter is used, the preparation of a record of the proceeding shall be governed by California Code of Civil Procedure Section 1904.6, as it is amended from time to time.
5. The building official’s enforcement file, including the notice and order to demolish a dangerous building and the written decision of the administrative hearing officer, shall constitute prima facie evidence that the public nuisance exists, that the building is dangerous, and that the administrative charge assessed is appropriate, and shall be deemed evidence of sufficient substantiality to shift the burden of proof to the person contesting the notice and written decision to show cause why the dangerous condition does not exist or should not be abated, or why the administrative charge should not be assessed. The person requesting the hearing has the burden of proving there is a substantial conflict of evidence, or that different conclusions must be drawn from the building official’s evidence, that warrants modifying or setting aside the contested portion of the notice and order to demolish a dangerous building. The building official has the ultimate burden of proving by a preponderance of the evidence that the activity or condition identified in the notice and order to abate exists, and establishing that the administrative charge should be assessed.
6. The City Council may request additional information from the building official or the person requesting the appeal hearing, or conduct an inspection of the activity or condition that is being contested, at any time before issuing a written decision.
7. The failure of any person requesting the appeal to appear at the appeal hearing shall constitute a waiver of all rights to a hearing and a waiver of all rights to maintain an action to modify or set aside the building official’s notice and order to demolish a dangerous building. The failure to appear shall also constitute a failure to exhaust administrative remedies, and the City Council shall issue a written decision and order upholding the notice and order to demolish a dangerous building as to that party.
D. Upon the completion of such hearing, the City Council shall, by resolution, declare its findings and its decision to uphold, modify, or set aside the building official’s notice of demolition of a dangerous building for the building code violation and shall follow the form set forth in LMC 8.15.120 for a written decision.
E. Judicial Review. The City Council’s decision after appeal is final and conclusive for the City. The resolution shall contain a statement of the right to seek judicial review of the hearing officer’s decision by filing a petition within 90 days with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6. (Ord. 2105 § 3 (Exh. A), 2020)
15.20.130 Demolition by City.
A. Noncompliance. If there is not substantial compliance with the hearing officer’s or City Council’s order to demolish a dangerous building by the date set forth in the order, then the City Manager may, with the City Attorney’s concurrence, proceed to demolish the building using City resources, which include any City officer, employee, agent, contractor, or authorized representative of the City to abate the nuisance. In no event shall City demolition take place any sooner than 90 days after the issuance of the hearing officer’s or City Council’s decision and order.
B. Notice of City Demolition. Prior to abatement, a notice of City demolition must be sent to the owner, agent or person in control of the building, any mortgage holder or beneficiary, all tenants on the property where the building is located, and any other responsible party informing them that the City intends to enter the property to demolish the building due to the responsible party’s failure to comply with the hearing officer’s or City Council’s order to demolish. The notice should include the intended date of the demolition, which should not be less than 14 days from the date of the notice. It should provide the name and number of the building official or designee who can be contacted if the recipients have any questions. The notice may be served in person or sent by certified mail, return receipt requested, to the last known address of the property owner and all responsible and interested parties. Additionally, the notice shall be posted on the property for 14 days prior to the demolition. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of the City’s subsequent abatement action.
C. Demolition. City resources, which include any City officer, employee, agent, contractor, or authorized representative of the City, may enter upon the property with either the owner’s written consent or an abatement warrant from a court of competent jurisdiction, to demolish the dangerous building. The building shall be safely demolished or removed, while retaining any salvageable building materials in the process. The City resources shall take all steps to remove and properly catalog and store any personal effects remaining inside the building prior to demolition, unless express written permission is given by the owner that any remaining personal effects within the building can also be demolished.
D. No person shall obstruct, impede or interfere with any City resources whenever such person is engaged in the work of abatement or demolition, or in performing any necessary act preliminary to or incidental to such work, as authorized or directed pursuant to this chapter. (Ord. 2105 § 3 (Exh. A), 2020)
15.20.140 Disposition of materials from demolition.
A. The building materials salvaged from the demotion shall be sold by the City pursuant to state law. Any amount received from the sale of such building materials shall be deducted from the City’s expense of demolishing or removing the building.
B. The building official shall keep an itemized account of the expenses involved in the demolition or removal of any building, and the itemized offset from the sale of the building materials that shall be used to create the statement of expenses in LMC 15.20.150.
C. In the event that the amount received from the sale of materials exceeds the expense of demolishing or removing the building, then the excess shall be reimbursed to the owner of such property, or to such other person legally entitled to the proceeds, upon producing evidence of ownership satisfactory to the City. (Ord. 2105 § 3 (Exh. A), 2020)
15.20.150 Abatement costs.
A. Each and every responsible party is liable to the City for the costs and expenses to abate the nuisance and demolish the dangerous building that are incurred by the City. Such costs and expenses include any administrative penalties and charges, as well as all City costs and expenses outlined herein and in LMC 8.15.150.
B. The building official shall keep an accurate accounting of all such costs and expenses, as offset by any sold salvage material pursuant to LMC 15.20.140(A). The costs and expenses to abate the nuisance shall constitute a civil debt owed jointly and severally by all responsible parties to the City. The costs and expenses are due to the City within 30 calendar days of the date the statement of costs is sent to the responsible parties. (Ord. 2105 § 3 (Exh. A), 2020)
15.20.160 Collection of unpaid costs and City Council confirmation hearing.
If the responsible party does not pay the City’s costs and expenses to abate the nuisance and demolish the dangerous building, then those costs and expenses, as well as administrative charges and penalties, may be collected pursuant to LMC 8.15.160, or assessed as a nuisance abatement lien or special assessment against the subject property as approved by a City Council confirmation hearing pursuant to LMC 8.15.170 through 8.15.190. (Ord. 2105 § 3 (Exh. A), 2020)
15.20.170 Enforcement costs – Revolving fund created.
For the purpose of providing for the advancement of costs in the enforcement of this chapter, the City does hereby create a revolving fund which may be used to pay for the costs of enforcement of the provisions of this chapter, and into which fund must be paid the receipts from the collection of costs or fines imposed in the enforcement. (Ord. 2105 § 3 (Exh. A), 2020)