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HomeMy WebLinkAbout1732 . , MUNICIPAL CODE PERTAINING TO PROPERTY MAIN- TENANCE STANDARDS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLO\~S : SECTION 1. That Sections 9402.1, 9405, and 9406 of the Arcadia Municipal Code are hereby amended to read as follows: "9402.1. DEFINITION. BUILDING OFFICIAL. 'Build_ing Official' shall mean the Chief Building Official of the City, or his authorized representative." "9405. SUBSTANDARD CONDITIONS. Any of the following listed con- ditions on real property are substandard: 1. Any condition which is maintained in violation or in noncom- pliance with any regulation of the Arcadia Municipal Code. 2. Any unsafe building or structure as defined by section 203 of the Uniform Building Code, as adopted by Article VIII of the Arcadia Municipal Code. 3. Any building of, and the site upon conditions: or structure, including components or which it stands, which has any of the parts there- follO\~ing (a) Faulty weather protection, which limited to the following: shall include but not be ," loose plaster. waterproofing of exterior I 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 covering. (4) Deteriorated, broken, rotted, split, or buckles exterior wall coverings or roof coverings. 4. A building or structure or part thereof which was constructed, or partially constructed, without complying with applicable provisions of the Arcadia Municipal Code or other law. (1) (2) Deteriorated, crumbling, or Deteriorated or ineffective -1- 1732 " . {,....; .~~-:::~!":.. ': " has inspected or caused to be inspected any premises and has found and determined that a substandard condition exists thereon, he shall com- mence proceedings to cause the repair, rehabilitation, vacation, or demolition of the condition. (b) Notice and Order. The Building Official shall issue a Notice and Order directed to the record-owner of the premises. The Notice and Order shall contain: 1. The street address and a legal description sufficient for identification of the premises. 2. A statement that the Building Official has found a substandard condition with a concise description of the condition. 3. A statement of the action required to be taken as determined by the Building Official. (a) If the Building Official has determined that a 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 and completed within such time as the Building Official shall determine is reasonable under all of the circumstances. (b) If the Building Official 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 Building Official to be reasonable. (c) If the Building Official has determined that the building or structure must be demolished, the order shall require that the build- ing or structure be vacated within such time as the Building Official shall determine reasonable; that all required permits be secured there- for, and that the demolition be completed within such time as the Building Official 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 Building Official (i) will order the building vacated and posted to prevent further occupancy until the work is com- pleted, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. -~ 1732 be lawfully used in its existing location and condition for any purpose for which it is designed. 6. Any partially constructed building or structure, together with material and equipment used for construction, which is not completed within a reasonable time, or upon which there is a cessation of work for more than sixty (60) days, unless such completion or cessation of labor is caused by factors which are not within the control of the owner, such as war, labor strikes, and litigation. 7. Unoccupied buildings left open or unlocked, or otherwise un- secured from intrusion by persons, animals, or the elements, or which have been secured by unlawful means, including but not limited to windows, doors, and other openings which are not boarded up. 8. Weeds or dead vegetation on the premises or adjacent parkways. 9. Vegetation which is excessively overgrown so as to constitute a fire, health or safety hazard. 10. An accumulation of debris, or equipment, which is not lawfully screened from view from adjacent property, public or private. , 11. Refuse, rubbish, garbage, offal, animal excrement or other waste material which is not kept or disposed of in accordance with regu- lations of the Arcadia Municipal Code or other provisions of law. 12. A lack of maintenance of buildings, structures and landscaping, including lawns, trees, and shrubbery, which results in conditions out of harmony or conformity with the maintenance standards of adjacent property. 13. Soil which is in such a condition, from whatever cause, that dust clouds form when the soil is disturbed by any cause. 14. Vehicles parked or stored in front or side yards or on any part of property used or zoned for residential purposes, other than on a lawfully installed paved surface. This Subsection shall not be sub- ject to the requirements of Section 9406 and any Notice and Order given pursuant to this Subsection shall become final for purposes of Section 9403(a) within the time period specified by the Building Official in the Notice and Order. -3- 1732 ... ..l. -l:'I:''-......... .....lo..VHL l,..LH:;: .L'\IU l...J..l,.;e dnG Order or any action of the Building Official to the City Council, pro- vided the appeal is made in writing and in the form as provided in this Code and filed with the Building Official within fifteen (15) days from the date of such Notice and Order; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and deter- inination of the matter." SECTION 2. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. ' SECTION 3. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City ~f Arcadia within fifteen (l5) days after its adoption. -4- 1732 PASSED ~~D ADOPTED BY THE CITY COUNCIL of the ing held on the 15th day of December, 1981. Arcadia ~av City Clerk of the City of Arcadia I HEREBY CERTIFY that the foregOing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 15th day of December, 1981, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilrren Dring, Haltom, NOES: None ABSENT: None >ell_lin, _~ _ ~~ ~ A~ _ City Clerk -5- 1732