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HomeMy WebLinkAbout1452 ORDINANCE NO. 1452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,ADD!NG CHAPTER 4 TO ARTICLE IX OF THE ARCADIA MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE REGULATIONS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 4 is hereby added to Article IX of the Arcadia Municipal Code to read as follows: "ARTICLE IX. DIVISION AND USE OF LAND CHAPTER 4. PROPERTY MAINTENANCE 9400. TITLE. The provisions of this Chapter shall be known as the Property Maintenance Code and will be referred to herein as "this Code." 9401. PURPOSE. The purpose of this Code is to insure proper maintenance of property within the City of Arcadia so that the public health, safety and welfare are not endangered ,by sub- standard properties and the blighting effect such'propert.ies have on the entire community. 9402. DEFINITION. PUBLIC NUISANCE. Any condition of real property which is substandard as described in Section 9405 of this Code is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal. 9402.1. DEFINITION. BUILDING OFFICIAL. "Building Official" I shall mean the Superintendent of Building and Safety of the City, or his authorized representative. 9403. ENFORCEMENT OF ORDER TO ABATE NUISANCE. (a) Misdemeanor. After any order of the Building Official or of the City Council, made pursuant to this Code, shall have become -1- 1452 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) Abatement. Prosecution. If, after any order of the Building Official or the City Council 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 Building Official may (1) cause such person to be prosecuted under subsection (a) of this Section, or (2) institute any appropriate action or procedure to abate the public nuisance. 9404. ENFORCEMENT BY BUILDING OFFICIAL. (a) Authority. The Building Official is hereby authorized and directed to administer and enforce all of the provisions of this Code. (b) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises substandard as defined in Sec- tion 9405 of this Code, the Building Official may enter such building or premises at all reasonable times to inspect the same or to per- form any duty imposed upon the Building Official by this Code; pro- vided that if such building or premises be occupied, he shall first present proper credentials and demand entry. If such entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. "' , ... , , -2~ 1452 9405. SUBSTANDARD CONDITIONS. Any of the following listed conditions on real property are substandard: 1. Any condition which is maintained in violation of or in noncompliance 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. A building or structure, including components or parts thereof, and the site upon which it stands, which has any of the following conditions: (a) 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 covering. (4) Deteriorated, broken, rotted, split, or buckled 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. -3- 1452 5. Any building or structure or portion thereof which cannot 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 comple- tion 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 other- wise unsecured from intrusion by persons, animals, or the elements, or which have been secured by unlawful means, including the boarding up of windows, doors, and other openings. 8. Weeds or dead vegetation on the premises or adjacent parkways which are detrimental to the public health, safety, or welfare. 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 usable or operable, and 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 regulations 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 so unsightly and so out of harmony or conformity with -4- 1452 the maintenance standards of adjacent property as to cause appreciable diminution of the value of adjacent properties. 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 on other than lawfully installed paved surfaces. 9406. (a) Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any premises and has found and determined that a substandard condition exists thereon, he shall commence proceedings to cause the repair, rehabili- tation, 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 com- pleted 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 -5- 1452 require that the building or structure shall be vacated within a time certain from the date of the order as deter- mined 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 building be vacated within such time as the Building Official shall determine reasonable; that all required permits be secured therefor, and that the demoli- tion 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 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 Building Official to the City Council, provided the appeal is made in writing and in the form as provided in this Code and filed with the Building Official within thirty (30) 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 determination of the matter. 9407. SERVICE OF NOTICE AND, ORDER. The notice and order shall be served in accordance with procedures established by a resolution of the City Council. -6- 1452 9408. STANDARDS TO BE FOLLOWED. The following standards shall be followed by the Building Official (and by the City Council if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure: 1. If any building declared a substandard building under this Code shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner. 2. If any building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. 9409. APPEAL. Any person entitled to notice pursuant to Section 9407 may appeal to the City Council from any notice and order or any action of the Building Official under this Code by filing a written notice of appeal with the City Clerk. The form of the notice of appeal and all procedures for hearing and disposing of the appeal shall be established by a resolution of the City Council. 9410. WORK DONE BY CITY. COST. ASSESSMENT. The City Council by resolution may establish procedures for carrying out the order of the Building Official in the event that the owner fails to do so. The City Council may order the cost of any work done pur- suant to such procedures assessed aginst the property and collected at the same time and in the same manner as ordinary municipal taxes are collected in accordance with and subject to the provisions of Government Code Section 38773.5." SECTION 2. The City Clerk shall certify to the adoption of this ordinance. -7- 1452 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 5th day of July , 1972, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Butterworth, Helms, Scott and Hage NOES: None AESENT: None SIGNED AND APPROVED this 5th day of July , 1972. ~ CJ.k. ~ jj J.~'~ ayor of the City o~~rcadia :t:~' :P ~ty ~ti{e/~ (SEAL) ;;; r r " ',:- , -- ::.-::- ~:'" -8- 1452