Chapter 15.28
ABATEMENT OF SUBSTANDARD BUILDINGS
Sections:
15.28.010 Definition—Substandard Building.
15.28.020 Substandard Buildings as Public Nuisances.
15.28.060 Nuisance Abatement Hearing.
15.28.070 Hearing on Expense Statement.
15.28.090 Authority to Appoint Rehabilitation Commission—Powers and Duties.
15.28.010 Definition—Substandard Building.
The term “substandard building” shall mean any building or portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof:
A. Inadequate sanitation, which shall include but not be limited to the following:
1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit.
2. Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
3. Lack of, or improper kitchen sink.
4. Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
5. Lack of hot and cold running water in a hotel.
6. Lack of adequate heating facilities.
7. Lack of, or improper operation of required ventilation.
8. Lack of minimum amount of natural light and ventilation as required by the Uniform Building Code.
9. Room and space dimensions less than required by the Uniform Building Code.
10. Lack of required electrical lighting.
11. Dampness of habitable rooms.
12. Infestation of insects, vermin or rodents as determined by the Building Official.
13. General dilapidation or improper maintenance.
14. Lack of connection to required sewage disposal system.
15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Building Official.
16. Discharge of sewage on the surface of the ground.
17. Lack of an approved water supply.
B. Structural hazards, which shall include but not be limited to the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions, or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
6. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
8. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
10. Cesspools and septic tanks which are structurally unsound.
C. Hazardous Wiring. All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.
D. Hazardous Plumbing. All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures.
E. Hazardous Mechanical Equipment. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.
F. Faulty weather protection, which shall include but not be limited to the following:
1. Deteriorated, crumbling, or loose plaster.
2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.
3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective coverings.
4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
G. Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which in the opinion of the Fire Department is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
H. Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved by the Uniform Building code and which have been adequately maintained in good and safe condition.
I. Hazardous or Unsanitary Premises. Those premises on which there exists an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute fire, health or safety hazards.
J. Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by the Uniform Building Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
K. Inadequate Fire Protection or Fire-Fighting Equipment. All buildings or portions thereof which are not provided with fire-resistive construction or fire-extinguishing systems or equipment required by the Fire Prevention Code, as adopted by the City of Newport Beach, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (Ord. 2013-11 §§ 101, 102, 2013; Ord. 1216 § 1 (part); May 8, 1967)
15.28.020 Substandard Buildings as Public Nuisances.
All such substandard buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure hereinafter set forth. (Ord. 1216 § 1 (part); May 8, 1967)
15.28.030 Notice to Owner.
The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be a substandard building, the Building Official shall give to the person, if any, in real or apparent charge or control of the premises involved, and the owner of record as such appears on the tax assessment roll, the holder of any mortgage, trust deed, or other lien or encumbrance of record, the owner or holder of any lease of record, and the record holder of any other estate or interest in or to the building or structure on the land, written notice stating the defects thereof. This notice shall require the owner to commence either the required repairs or improvements or, if the building is deemed by the Building Official to be irreparable, the demolition and removal of the building or structure or portions thereof within ten (10) days and to complete such work within sixty (60) days from the date of the notice, unless otherwise stipulated by the Building Official. If the Building Official determines that the structure creates imminent danger to the lives of persons therein residing, he shall include within the notice an order to the owner or occupant that the structure be vacated as soon as possible, or within a specified time, after receipt of the notice. (Ord. 2013-11 § 103, 2013: Ord. 1216 § 1 (part); May 8, 1967)
15.28.040 Service of Notice.
Proper service of such notice shall be by personal service or by registered or certified mail upon each party specified in Section 15.28.030. In the event the Building Official, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting a copy of the notice on the building or structure alleged to be substandard. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. The Building Official shall also post or cause to be posted at least one copy of the notice on the building or structure alleged to be substandard, and shall cause a copy of the notice to be recorded with the Orange County Recorder’s office.
The Building Official, upon giving notice as aforesaid, shall file an affidavit in the Community Development Department certifying to the time and manner in which said notice was given. There shall also be filed therewith a receipt card which may have been returned to him or her in acknowledgement of such notice by registered or certified mail. (Ord. 2013-11 § 104, 2013: Ord. 1216 § 1 (part); May 8, 1967)
15.28.050 Second Notice.
If the owner, or other persons having an interest in the property, does not comply with said notice by commencing the required work within the time allowed or by making such other arrangements as may be satisfactory to the Building Official, the Building Official shall send or cause to be sent a second notice to the owner of the property and a copy to the other persons having an interest therein to appear before the City Council at a stated place and time to show cause why such building or structure should not be declared a nuisance and abated as herein provided. Service of the second notice shall be made following the procedure set forth in Section 15.28.040.
Said notice shall be in substantially the following form:
Notice to Abate Nuisance
The owner of the building situated at ________ is hereby notified to appear before the City Council of the City of Newport Beach at its meeting to be held ________, at the Council Chambers, Civic Center, located at 100 Civic Center Drive, Newport Beach, California, at the hour of ________ or as soon thereafter as he may be heard, and show cause, if any he or she has, why said building or structure should not be determined to be a public nuisance and said nuisance abated by the City of Newport Beach by repairing and rehabilitating, or razing, demolishing and removing same and charging the costs thereof to the owner.
Dated: ________
City of Newport Beach Community Development Department By _________________
(Ord. 2013-11 § 105, 2013: Ord. 1216 § 1 (part); May 8, 1967)
15.28.060 Nuisance Abatement Hearing.
At the time, date and place fixed in the notice to abate nuisance, the City Council shall proceed to hear the testimony of the Building Official, his assistants and representatives, and other competent persons who may be present and desire to testify respecting the condition of the building or structure, the estimated cost of its reconstruction, repair or removal, and any other information which the City Council may deem pertinent thereto. Upon the conclusion of the hearing, the City Council shall by resolution declare its findings and, in the event it so concludes, it may declare said building or structure to be a nuisance and direct the owner to abate the same within fifteen (15) days after the date of posting on the premises a notice of the passage of the resolution, by having the same repaired and rehabilitated or razed, demolished and removed, and that if the nuisance is not so abated the Building Official shall cause the building to be repaired and rehabilitated or razed, demolished and removed and the expense thereof made a lien on the parcel of land upon which the building is located. The City Council, if it determines that the structure creates imminent danger to the lives of persons residing therein, may further declare that the owner, occupant, lessee or other person in possession must vacate said building or structure. Subsequent to the adoption of such resolution the City Clerk shall cause to be recorded with the County Recorder of Orange County a copy of the resolution declaring the existence of a substandard building or structure which shall become a cloud over the title of the property upon which the substandard building or structure exists. At such time as the substandard building or structure has been repaired and rehabilitated or razed, demolished and removed, the cloud over the title of the property involved, occasioned by the recordation of said resolution, shall be cleared by the recordation of a certificate of compliance by the City Clerk with the Orange County Recorder. In the event that the nuisance is not abated by the owner or occupant within the time prescribed by the City Council, the Council may direct the City Manager to repair and rehabilitate or raze, demolish and remove the building or structure, and the City Manager and his or her authorized representatives shall thereby be authorized to enter upon the property for that purpose. The City Manager may use an independent contractor to repair and rehabilitate or raze, demolish and remove the building or structure. The City Council may further declare, if the building or structure is razed and demolished by the City, that the material of any such building or structure be sold after notice to the owner in any manner in which the City Council may determine reasonable; provided, that any such sale shall be upon condition that the wreckage and debris shall be removed and the lot cleaned. Any surplus, over and above the costs to the City, from the sale of such building shall be retained to be distributed to the parties lawfully entitled thereto. The proceeds and monies from such sale shall be used, whenever possible, to reduce the cost of razing, demolishing and removing the building or structure. Within ten (10) days after the premises are posted, the City Clerk shall send copies of the resolution to the owner and other persons in interest as hereinbefore set forth and in like form and manner. (Ord. 2013-11 § 106, 2013: Ord. 1216 § 1 (part); May 8, 1967)
15.28.070 Hearing on Expense Statement.
The City Manager shall keep an itemized account of the expenses involved in the actual repair and rehabilitation or razing, demolishing and removal of the building or structure, as well as incidental and overhead expenses related thereto. The word “incidental” shall include, but not be limited to, the expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder. The City Manager shall submit this itemized statement to the City Clerk, who shall set a date for a hearing on the statement by the City Council, and shall mail a copy of the statement to the owner and other parties in interest, along with a notice of the time and place the statement shall be reviewed by the City Council. A copy of the itemized statement shall be posted on the building or structure involved.
At the time fixed for the hearing of the statement of expense the City Council shall consider the statement together with any objections or protests which may be raised by any of the property owners liable to be assessed for the doing of the work and by any other interested persons, and thereafter, the statement as submitted or as ordered revised, corrected or modified by the City Council shall be confirmed and adopted by resolution. If such statement is not paid within fifteen (15) days after the passage of the resolution it shall constitute a lien on the real property upon which the building or structure was located and shall be collected as a special assessment against such real property. The resolution shall contain the provision that if such statement is paid within fifteen (15) days such resolution shall become void. (Ord. 1216 § 1 (part); May 8, 1967)
15.28.080 Transmission of Adopted Expense Statement to County Auditor, County Assessor and County Tax Collector.
Certified copies of the resolution and expense statement as adopted by the City Council shall be filed with the County Auditor, the County Assessor and the County Tax Collector unless the expense statement is paid within fifteen (15) days after the adoption of the resolution. The auditor shall be requested to enter the amounts of the respective assessments on the County tax roll opposite each parcel of land. Thereafter, the amount of the assessment shall be collected at the same time and in the same manner as City taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary City taxes. (Ord. 1216 § 1 (part); May 8, 1967)
15.28.090 Authority to Appoint Rehabilitation Commission—Powers and Duties.
The City Council may appoint a Rehabilitation Commission consisting of five qualified electors of the City who are competent by reason of their experience and training to pass upon matters relating to the rehabilitation and demolition of substandard buildings. If the City Council appoints a Rehabilitation Commission, the Commission shall be vested with and shall exercise all of the powers and duties conferred on the City Council by this chapter. (Ord. 1216 § 1 (part); May 8, 1967)