It is the purpose of this chapter to provide a just, equitable
and practicable method, to be cumulative with and in addition to any
other remedy provided by law, or this code, whereby buildings or structures
which from any cause endanger the life, limb, health, morals, property,
safety or welfare of the general public or their occupants, or which
constitute a public nuisance, may be required to be repaired, vacated
or demolished.
The purpose of this chapter is not to create or otherwise establish
or designate any particular class or group of persons who will or
should be especially protected or benefited by the terms of this chapter.
(Ord. 2989 § 1, 1996)
The provisions of this chapter shall apply to all dangerous
buildings, as herein defined, which are now in existence or which
may hereafter become dangerous in this jurisdiction.
(Ord. 2989 § 1, 1996)
The building official, under the direction of the director of
the development services department, is hereby authorized to enforce
the provisions of this chapter.
The building official shall have the power to render interpretations
of this chapter and to adopt and enforce rules and supplemental regulations
in order to clarify the application of its provisions. Such interpretations,
rules and regulations shall be in conformity with the intent and purpose
of this chapter.
Enforcement of this code section may include demolition, receiverships
and/or stipulated agreements.
(Ord. 2989 § 1, 1996; Ord. 4283 § 2, 2005; Ord. 4918 § 5, 2011; Ord. 5279 § 17, 2014)
When it is necessary to make an inspection to enforce the provisions
of this chapter, or when the building official or the building official's
authorized representative has reasonable cause to believe that there
exists in a building or upon a premises a condition which is contrary
to or in violation of this chapter which makes the building or premises
unsafe, dangerous or hazardous, the building official may enter the
building or premises at reasonable times to inspect or to perform
the duties imposed by this chapter, provided that if such building
or premises be occupied that credentials be presented to the occupant
and entry requested. If such building or premises be unoccupied, the
building official shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or
premises and request entry. If entry is refused, the building official
shall have recourse to the remedies provided by law to secure entry.
(Ord. 2989 § 1, 1996; Ord. 4283 § 2, 2005)
All buildings or portions thereof which are determined after
inspection by the building official to be dangerous as defined in
this chapter are declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition or removal in accordance with
the procedure specified in this chapter.
(Ord. 2989 § 1, 1996; Ord. 4283 § 2, 2005)
It is unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, moved, remove, convert or demolish,
equip, use, occupy or maintain any building or structure or cause
or permit the same to be done in violation of this chapter.
(Ord. 2989 § 1, 1996)
All buildings or structures within the scope of this chapter
and all construction or work for which a permit is required shall
be subject to inspection by the building official.
(Ord. 2989 § 1, 1996; Ord. 4283 § 2, 2005)
Appeals of orders, decisions, or determination made by the building
official relative to the application and interpretation of this code
shall be referred to the board of appeals.
(Ord. 4283 § 1, 2005)
The board of appeals shall have no authority relative to interpretation
of the administrative provisions of this chapter nor shall the board
be empowered to waive requirements of this chapter.
(Ord. 2989 § 1, 1996)
For the purpose of this chapter, certain terms, phrases, words
and their derivatives shall be construed as specified in either this
chapter or as specified in the Uniform Building Code or the Uniform
Housing Code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context with which they are used. Words
used in the singular include the plural and the plural the singular.
Words used in the masculine general include the feminine and the feminine
the masculine.
is the Uniform Building Code promulgated by the International
Conference of Building Officials, as adopted by this jurisdiction.
is any building or structure deemed to be dangerous under the provisions of Section 16.35.110 of this chapter.
is the Uniform Housing Code promulgated by the International
Conference of Building Officials, as adopted by this jurisdiction.
(Ord. 2989 § 1, 1996)
For the purpose of this chapter, any building or structure which
has any or all of the conditions or defects hereinafter described
shall be deemed to be a dangerous building, provided that such conditions
or defects exist to the extent that the life, health, property or
safety of the public or its occupants are endangered:
1.
Whenever
any door, aisle, passageway, stairway or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe
and adequate means of exit in case of fire or panic;
2.
Whenever
the walking surface or any aisle, passageway, stairway or other means
of exit is so warped, worn, loose, torn or otherwise unsafe as to
not provide safe and adequate means of exit in case of fire or panic;
3.
Whenever
the stress in any materials, member or portion thereof, due to all
dead and live loads, is more than one and one half times the working
stress or stresses allowed in the Building Code for new buildings
of similar structure, purpose or location;
4.
Whenever
any portion thereof has been damaged by fire, earthquake, wind, flood
or by any other cause, to such an extent that the structural strength
or stability thereof is materially less than it was before such catastrophe
and is less than the minimum requirements of the Building Code for
new buildings of similar structure, purpose or location;
5.
Whenever
any portion or member or appurtenance thereof is likely to fail, or
to become detached or dislodged, or to collapse and thereby injure
persons or damage property;
6.
Whenever
any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof is not of sufficient strength or stability,
or is not so anchored, attached or fastened in place so as to be capable
of resisting a wind pressure of one half of that specified in the
Building Code for new buildings of similar structure, purpose or location
without exceeding the working stresses permitted in the Building Code
for such buildings;
7.
Whenever
any portion thereof has wracked, warped, buckled or settled to such
an extent that walls or other structural portions have materially
less resistance to winds or earthquakes than is required in the case
of similar new construction;
8.
Whenever
the building or structure, or any portion thereof, because of: (a)
dilapidation, deterioration or decay; (b) faulty construction; (c)
the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; (d) the deterioration,
decay or inadequacy of its foundation; or (e) any other cause, is
likely to partially or completely collapse;
9.
Whenever,
for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used;
10.
Whenever the exterior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through
the center of gravity does not fall inside the middle one third of
the base;
11.
Whenever the building or structure, exclusive of the foundation,
shows 33 percent or more damage or deterioration of its supporting
member or members, or 50 percent damage or deterioration of its nonsupporting
members, enclosing or outside walls or coverings;
12.
Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated
as to become: (a) an attractive nuisance to children; (b) a harbor
for vagrants, criminals or immoral persons; or as to (c) enable persons
to resort thereto for the purpose of committing unlawful or immoral
acts;
13.
Whenever any building or structure has been constructed, exists or
is maintained in violation of any specific requirement or prohibition
applicable to such building or structure provided by the building
regulations of this jurisdiction, as specified in the Uniform Building
Code or Uniform Housing Code, or of any law or ordinance of this state
or jurisdiction relating to the condition, location or structure of
buildings;
14.
Whenever any building or structure which, whether or not erected
in accordance with all applicable laws and ordinances, has in any
nonsupporting part, member or portion less than 50 percent, or in
any supporting part, member or portion less than 66 percent of the:
(a) strength; (b) fire-resisting qualities or characteristics; or
(c) weather-resisting qualities or characteristics required by law
in the case of a newly constructed building of like area, height and
occupancy in the same location;
15.
Whenever a building or structure, used or intended to be used for
dwelling purposes, because of inadequate maintenance, dilapidation,
decay, damage, faulty construction or arrangement, inadequate light,
air or sanitation facilities, or otherwise, is determined by the Placer
County health department to be unsanitary, unfit for human habitation
or in such a condition that is likely to cause sickness or disease;
16.
Whenever any building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient
fire-resistive construction, faulty electric wiring, gas connections
or heating apparatus, or other cause, is determined by the fire marshal
to be a fire hazard;
17.
Whenever any building or structure is in such a condition as to constitute
a public nuisance known to the common law or in equity jurisprudence;
18.
Whenever any portion of a building or structure remains on a site
after the demolition or destruction of the building or structure or
whenever any building or structure is abandoned for a period in excess
of 120 days so as to constitute such building or portion thereof an
attractive nuisance or hazard to the public.
(Ord. 2989 § 1, 1996; Ord. 4918 § 6, 2011)
When the building official has inspected or caused to be inspected
any building and has found and determined that such building is a
dangerous building, the building official shall commence proceedings
to cause the repair, vacation or demolition of the building.
(Ord. 2989 § 1, 1996; Ord. 4283 § 2, 2005)
The building official shall issue a notice and order directed
to the record owner of the building. The notice and order shall contain:
1.
The
street address and a legal description sufficient for identification
of the premises upon which the building is located;
2.
A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 16.35.110 of this chapter;
3.
A
statement of the action required to be taken as determined by the
building official.
a.
If the building official has determined that the 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 (not to exceed 60 days from the date of the order) 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 building be vacated
within such time as the building official shall determine is reasonable
(not to exceed 60 days from the date of the order); that all required
permits be secured therefor within 60 days from the date of the order;
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 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 board of appeals, provided the appeal
is made in writing and filed with the building official within 30
days from the date of service of such notice and order; and (ii) that
failure to appeal will constitute a waiver of all rights to an administrative
hearing and determination of the matter.
(Ord. 4283 § 1, 2005)
The notice and order, and any amended or supplemental notice
and order, shall be served upon the record owner and posted on the
property; and one copy thereof shall be served on each of the following
if known to the building official or disclosed from official public
records; the holder of any mortgage or deed of trust or other lien
or encumbrance of record; the owner or holder of any lease of record;
and the holder of any other estate or legal interest of record in
or to the building or the land on which it is located. The failure
of the building official to serve any person required herein to be
served shall not invalidate any proceedings hereunder as to any other
person duly served or relieve any such person from any duty or obligation
imposed by the provisions of this section.
(Ord. 4283 § 1, 2005)
Service of the notice and order shall be made upon these persons listed in Section 16.35.140 either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(Ord. 4283 § 1, 2005)
Proof of service of the notice and order shall be certified
to at the time of service by a written declaration under penalty of
perjury executed by the persons effecting service, declaring the time,
date and manner in which service was made. The declaration, together
with any receipt card returned in acknowledgment of receipt by certified
mail shall be affixed to the copy of the notice and order retained
by the building official.
(Ord. 4283 § 1, 2005)
If compliance is not had with the order within the time specified
therein, and no appeal has been properly and timely filed, the building
official shall file in the office of the county recorder a certificate
describing the property and certifying (i) that the building is a
dangerous building and (ii) that the owner has been so notified. Whenever
the corrections ordered shall thereafter have been completed or the
building demolished so that it no longer exists as a dangerous building
on the property described in the certificate, the building official
shall file a new certificate with the county recorder certifying that
the building has been demolished or all required corrections have
been made so that the building is no longer dangerous, whichever is
appropriate.
(Ord. 4283 § 1, 2005)
The following standards shall be followed by the building official
(and by the board of appeals if an appeal is taken) in ordering the
repair, vacation or demolition of any dangerous building or structure:
1.
Any
building declared a dangerous building under this chapter shall be
made to comply with one of the following:
a.
The building shall be repaired in accordance with the current building
code or other current code applicable to the type of substandard conditions
requiring repair; or
b.
The building shall be demolished based upon a finding by the building
official or board of appeals that the costs of repair make it economically
infeasible and thus not practicable under the provisions of this chapter
to allow repair of the structure according to current building and/or
other applicable code standards; or
c.
If the building does not constitute an immediate danger to the life,
limb, property or safety of the public it may be vacated, secured
and maintained against entry.
2.
If
the building or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or its
occupants, it shall be ordered to be vacated.
(Ord. 2989 § 1, 1996; Ord. 3056 § 1, 1996; Ord. 4283 § 2, 2005)
Every notice to vacate shall, in addition to being served as provided in Section 16.35.150, be posted at or upon each exit of the building and shall be in substantially the following form:
|
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to
remove or deface this notice.
Building Official
City of Roseville
|
(Ord. 2989 § 1, 1996; Ord. 4283 § 2, 2005)
Whenever such notice is posted, the building official shall
include a notification reciting the emergency and specifying the conditions
which necessitate the posting. No person shall remain in or enter
any building which has been so posted, except that entry may be made
to repair, demolish or remove such building under permit. No person
shall remove or deface any such notice after it is posted until the
required repairs, demolition or removal have been completed and a
certificate of occupancy issued pursuant to the provisions of the
Uniform Building Code. Any person violating this section shall be
guilty of a misdemeanor.
(Ord. 2989 § 1, 1996; Ord. 4283 § 2, 2005; Ord. 4487 § 1, 2007)
After any order of the building official or the board of appeals
made pursuant to this chapter shall have become 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.
(Ord. 4283 § 1, 2005)
If, after any order of the building official or board of appeals made pursuant to this chapter has become final, the person whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Section 16.35.460 or (ii) institute any appropriate action to abate such building as a public nuisance.
(Ord. 4283 § 1, 2005)
Whenever the required repair or demolition is not commenced
within 30 days after any final notice and order issued under this
chapter becomes effective:
1.
The
building official shall cause the building described in such notice
and order to be vacated by posting at each entrance thereto a notice
reading:
|
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to
remove or deface this notice.
Building Official
City of Roseville
|
2.
No
person shall occupy any building which has been posted as specified
in this subsection. No person shall remove or deface any such notice
so posted until the repairs, demolition or removal ordered by the
building official have been completed and a certificate of occupancy
issued pursuant to the provisions of the building code. Any person
violating this subsection shall be guilty of a misdemeanor.
3.
The
building official may, in addition to any other remedy herein provided,
cause the building to be repaired to the extent necessary to correct
the conditions which render the building dangerous as set forth in
the notice and order; or, if the notice and order required demolition,
to cause the building to be sold and demolished or demolished and
the materials, rubble and debris therefrom removed and the lot cleaned.
Any such repair or demolition work shall be accomplished and the cost
thereof paid and recovered in the manner hereinafter provided in this
chapter. Any surplus realized from the sale of any such building,
or from the demolition thereof, over and above the cost of demolition
and of cleaning the lot, shall be paid over to the person or persons
lawfully entitled thereto.
(Ord. 4283 § 1, 2005; Ord. 4487 § 1, 2007)
Upon receipt of an application from the person required to conform
to the order and by agreement of such person to comply with the order
if allowed additional time, the building official may grant an extension
of time, not to exceed an additional 120 days, within which to complete
said repair, rehabilitation or demolition, if the building official
determines that such an extension of time will not create or perpetuate
a situation imminently dangerous to life or property. The building
official's authority to extend time is limited to the physical repair,
rehabilitation or demolition of the premises and will not in any way
affect the time to appeal the notice and order.
(Ord. 4283 § 1, 2005)
No person shall obstruct, impede or interfere with any officer,
employee, contractor or authorized representative of this jurisdiction
or with any person who owns or holds any estate or interest in any
building which has been ordered repaired, vacated or demolished under
the provisions of this chapter; or with any person to whom such building
has been lawfully sold pursuant to the provisions of this chapter,
whenever such officer, employee, contractor or authorized representative
of this jurisdiction, person having an interest or estate in such
building or structure, or purchaser is engaged in the work of repairing,
vacating and repairing, or demolishing any such building, pursuant
to the provisions of this chapter, or in performing any necessary
act preliminary to or incidental to such work or authorized or directed
pursuant to this chapter.
(Ord. 4283 § 1, 2005)
When any work of repair or demolition is to be done pursuant
to this chapter, the building official shall issue an order therefor
and the work shall be accomplished by personnel of this jurisdiction
or by private contract under the direction of said building official.
Plans and specifications therefor may be prepared by said building
official, or the building official may employ such architectural and
engineering assistance on a contract basis as deemed reasonably necessary.
If any part of the work is to be accomplished by private contract,
standard public works contractual procedures shall be followed.
(Ord. 4283 § 1, 2005)
The building official shall keep an itemized account of the expense incurred by the city in the repair or demolition of any building done pursuant to the provisions of Section 16.35.480 of this chapter. Upon the completion of the work of repair or demolition, said building official shall prepare and file with the city clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 16.35.140.
(Ord. 4283 § 1, 2005)
Upon receipt of said report, the clerk of this jurisdiction
shall present it to the legislative body of this jurisdiction for
consideration. The legislative body of this jurisdiction shall fix
a time, date and place for hearing said report and any protests or
objections thereto. The clerk of this jurisdiction shall cause notice
of said hearing to be posted upon the property involved, published
once in a newspaper of general circulation in this jurisdiction, and
served by certified mail, postage prepaid, addressed to the owner
of the property as the owner's name and address appears on the last
equalized assessment roll of the county, if such so appears, or as
known to the clerk. Such notice shall be given at least 10 days prior
to the date set for the hearing and shall specify the day, hour and
place when the legislative body will hear and pass upon the building
official's report, together with any objections or protests which
may be filed as hereinafter provided by any person interested in or
affected by the proposed charge.
(Ord. 4283 § 1, 2005)
Any person interested in or affected by the proposed charge
may file written protests or objections with the clerk of this jurisdiction
at any time prior to the time set for the hearing on the report of
the building official. Each such protest or objection must contain
a description of the property in which the signer thereof is interested
and the grounds of such protest or objection. The clerk of this jurisdiction
shall endorse on every such protest or objection the date of receipt.
The clerk shall present such protests or objections to the legislative
body of this jurisdiction at the time set for the hearing, and no
other protests or objections shall be considered.
(Ord. 4283 § 1, 2005)
Upon the day and hour fixed for the hearing, the legislative
body of this jurisdiction shall hear and pass upon the report of the
building official together with any such objections or protests. The
legislative body may make such revision, correction or modification
in the report or the charge as it may deem just; and when the legislative
body is satisfied with the correctness of the charge, the report (as
submitted or as revised, corrected or modified) together with the
charge, shall be confirmed or rejected. The decision of the legislative
body of this jurisdiction on the report and the charge, and on all
protests or objections, shall be final and conclusive.
(Ord. 4283 § 1, 2005)
The legislative body of this jurisdiction may thereupon order
that said charge shall be made a personal obligation of the property
owner or assess said charge against the property involved.
(Ord. 4283 § 1, 2005)
If the legislative body of this jurisdiction orders that the
charge shall be a personal obligation of the property owner, it shall
direct the attorney for this jurisdiction to collect the same on behalf
of this jurisdiction by use of all appropriate legal remedies.
(Ord. 4283 § 1, 2005)
If the legislative body of this jurisdiction orders that the
charge shall be assessed against the property, it shall confirm the
assessment, cause the same to be recorded on the assessment roll,
and thereafter said assessment shall constitute a special assessment
against and lien upon the property.
(Ord. 4283 § 1, 2005)
The validity of any assessment made under the provisions of
this chapter shall not be contested in any action or proceeding unless
the same is commenced within 30 days after the assessment is placed
upon the assessment roll as provided herein. Any appeal from a final
judgment in such action or proceeding must be perfected within 30
days after the entry of such judgment.
(Ord. 4283 § 1, 2005)
Immediately upon its being placed on the assessment roll the
assessment shall be deemed to be complete, the several amounts assessed
shall be payable, and the assessments shall be liens against the lots
or parcels of land assessed, respectively. The lien shall be subordinate
to all existing special assessment liens previously imposed upon the
same property and shall be paramount to all other liens except for
state, county and property taxes with which it shall be upon a parity.
The lien shall continue until the assessment and all interest due
and payable thereon are paid.
(Ord. 4283 § 1, 2005)
All such assessments remaining unpaid after 30 days from the
date of recording on the assessment roll shall become delinquent and
shall bear interest at the rate of seven percent per annum from and
after said date.
(Ord. 4283 § 1, 2005)
After confirmation of the report, certified copies of the assessment
shall be given to the assessor and the tax collector for this jurisdiction,
who shall add the amount of the assessment to the next regular tax
bill levied against the parcel for municipal purposes.
(Ord. 4283 § 1, 2005)
If the county assessor and the county tax collector assess property
and collect taxes for this jurisdiction, a certified copy of the assessment
shall be filed with the county auditor on or before August 10th. The
descriptions of the parcels reported shall be those used for the same
parcels on the county assessor's map books for the current year.
(Ord. 4283 § 1, 2005)
The amount of the assessment shall be collected at the same
time and in the same manner as ordinary property taxes are collected;
and shall be subject to the same penalties and procedure and sale
in case of delinquency as provided for ordinary property taxes. All
laws applicable to the levy, collection and enforcement of property
taxes shall be applicable to such assessment.
If the legislative body of this jurisdiction has determined
that the assessment shall be paid in installments, each installment
and any interest thereon shall be collected in the same manner as
ordinary property taxes in successive years. If any installment is
delinquent, the amount thereof is subject to the same penalties and
procedure for sale as provided for ordinary property taxes.
(Ord. 4283 § 1, 2005)
All money recovered by payment of the charge or assessment or
from the sale of the property at foreclosure sale shall be paid to
the treasurer of this jurisdiction, who shall credit the same to the
repair and demolition fund.
(Ord. 4283 § 1, 2005)
