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HomeMy WebLinkAbout1162 ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY,COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING TO THE ARCADIA MUNICIPAL,CODE A NEW SECTION 8130.18 'AMENDING SECTION 203 OF THE BUILDING CODE., , , ,THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1,. That ~he Arcadia Municipal' Code be amended , , by' adding thereto a new Section 8130.18 amending Section 203 of the Building Code, the same to read as follows: 8130.18. AMENDMENT. Section 203 of said Uniform Build- ing Code is hereby amended to read as follows: Sec. 203 (a) General. Every building, structure, equip- ment or facility or any portion thereof which is structurally un- safe, or ,which is not provided with adequate egress, or which constitutes a fire hazard, or which is otherwise dangerous to - human life, or which in relation to the existing use thereof con- sti~utes a hazard to safety or to health or to the ,public welfare, , ' ' or which cannot be lawfully used in its present location or condi- tion for any purpose for which it was designed, intended or con- structed, or which does not comply with one or more provisions of the Code or other applicable law or regulation and cannot be al- tered, repaired or relocated so as to make it so comply, or which by reason of inadequate maintenance, dilapidation, obsolescense, ,abandonment, continued disuse, or other cause, constitutes either a hazard to safety, to health, to public welfare or to the reasona- ble use and enjoyment of adjacent properties or causes deterioration or depreciation of property values in the immediate vicinity, is, for the purpose'of this section, declared to be an unsafe building. All such unsafe buildings are hereby declared to be public nui- sances and shall be abated by repair, improvement, rehabilitation, -1- 1162 demolition, relocation or removal in accordance with the procedure specified in the following subsections hereof, (b) Notice of Hearing, The Building Official shall examine or cause to be examined each building, structure, equip- ment or facility or portion thereof reported to be an unsafe build- ing as hereinbefore defined, and if the same is determined by him to be an unsafe building as thus defined the Building Official shall give written notice in accordance with Subsection (c) herein- after specifying the conditions which cause the same to be an unsafe building and notice that a public hearing will be held by and before the City Council at a date, hour and place specified in such notice at which time and place the City Council will hear and receive tes- timony and evidence from the owner of the unsafe building therein described and from a~l other persons desiring to be heard or to present evidence relative thereto, and that the City Council will thereupon determine whether or not such building, structure, equip- ment or facility is an unsafe building as defined by this section and whether the same shall be abated by repair, improvement, reha- bilitation, relocation,' demolition or removal in accordance with the procedure hereafter prescribed in this section. (c) Service of Notice, The notice specified in the pre- ceding subsection shall be served by delivering the same personally to the owner or to the person in possession of or using or occupy- ing the unsafe building therein described, or if 'any such person cannot be located within the City then by mailing such notice by registered mail to any of the persons thus enumerated. A copy of such notice shall also be published once in the official newspaper of the City, and a copy thereof shall also be posted in at least one conspicuous location upon such unsafe building. Such service, publication and posting shall be completed at least ten (10) days prior to the date of the hearing therein referred to. -2- 1162 (d) Council Hearing. The City Council shall conduct a public hearing at the time and place specified in the notice served pursuant to Subsection (c) hereinbefore, at which hearing the City Council shall afford to the, owner and to all persons so desiring an opportul')ity, to be heard and to present evidence. At the con- clusion of such hearing the City Council shall determine from the evidence presented at the hearing and .shal1 by resolution declare whe,ther or not such building, structure, equipment or .facility is an unsafe building as hereinbefore de'fined and whe ther the same shall be abated by repair, improvement, rehabilitation, demolition, , , , relocation or removal in accordance with the procedure prescribed in the following subsections. (e) Notice to Repair. After the City Council thus de- termines and by resolution declares that the building, structure, equipment or facility is an unsafe building as hereinbefore defined, the Building Official'shall serve written notice of such determina- tioQ, which notice shall require the owner or person in possession of or using such unsafe building to commence, within forty-eight (48) hours after such service of notice, the repair, improvement, rehabilitation, demolition, relocation or removal of the unsafe building or portions thereof as determined by the Council and speci- fied in such notice. All such work shall be completed within ninety (90) days from the date of such service of the notice, unless the Building Official in writing and for good cause extends the time of completion. The notice prescribed by this subsection shall be served in the same manner as prescribed for the service of notice in Subsection (c) hereinbefore, except that it need not be pub- lished in the official newspaper of the City. (f) Posting of Signs. The Building Official may also cause to be posted at each entrance to an unsafe building or struc- ture o~ upon each unsafe equipment or facility a notice substan- tially as follows: "UNSAFE BUILDING OR EQUIPMENT. DO NOT ENTER OR -3- 1162 USE. Building Department. City of Arcadia." Any such notice shall remain thus posted until the repair, improvement, rehabilitation, demolition, relocation or removal required by the City Council is completed. No person shall remove any such notice without the writ- ten'permission of the Building Official, and no person shall enter, use or occupy the building, structure, equipment or facility thus posted except for the purpose of accomplishing the required re- pair"improvement, rehabilitation, demolition, relocation or re- moval thereof. (g) Prosecution. If the owner or person in possession of or using any unsafe building fails or refuses to comply with any provision of a notice served upon him in accordance with Subsection (e) hereinabove, or fails to repair, improve, rehabilitate, demolish, relocate or remove the building, structure, equipment or facility as directed in such notice, the City Council may order the owner thereof or the person in possession of or using the same, or any or all of them, to be prosecuted as a violator of the provisions of the Building Code. (h) Right to Demolish. Whether or not the Council thus orders prosecution for violation of the provis~ons of the Building , Code, if after notice as hereinbefore required the rep~ir, improve- ment, rehabilitation, demolition, relocation or removal required by the City Council is not commenced within the forty-eight (48) hours after service of notice or is not completed within the time specified in such notice, the City Council may order the Building , Official to proceed with the work specified in any such notice. Upon completion of such work, the Building Official shall prepare and transmit to the City Council a statement of ,the costs and ex- penses of such work, which costs and expenses shall include admin- istrative overhead expense and the cost of giving of any notices pursuant to any of the provisions of this section. The Building -~ 1162 Official shall also transmit, by registered mail or by personal delivery, a copy of such statement of cost's and expenses to the person against whom the same is to be charged, together with a notice of the time and place at which the City Council will con- sider and pass upon such statement of costs and expenses which time shall be not less than ten (10) days after such service of the notice herein prescribed. 'At the time specified in such notice the City Council shall consider the costs and expenses in- curred in the performance of the work, and by resolution shall de- termine the amount of such costs and expenses and order and cause I the same to be paid and levied as a special assessment against the real property upon which such work was thus performed. (1) Notice of Lien. In addition to the foregoing~the Building Official may execute a notice of lien describing the real property upon which any work was performed under Subparagraph (h) hereof, the authority under which such work was done, the cost of such work as determined by the City Council, and specifying that such amount shall bear interest at the rate of six percent (6%) per annum from date of the Council's determination of cost until the same is paid, and may r~cord the same in the office of the County Recorder. SECTION 2. The City Clerk shall certify to the adoption of this ordinance. I HEREBY CERTIFY that the foregoing ordinance was adopted - , at a regular meeting of the City Council of the City of Arcadia held on the 16th day of January , 1962,by the affirmative vote of at least three councilmen, to wit: " . .l...,_!., AYES: NOES: Councilmen Butterworth, Camphouse, Phillips, Reibold and Balser None City C;lerk ofthe:':City'of Arcadia 16th day of JanuarY~j' 1962. M~~ ABSENT: None (SEAL) ~~ City Clerk SIGNED AND APPROVED this -5- 1162