Note: Prior ordinance history: Ords. 98-931, 98-934, 2003-1000
and 2010-1113.
The ordinance codified in this chapter shall be known as the
"Substandard Building Code" of the City of Imperial Beach.
(Ord. 2013-1143 § 3)
The purpose of this code is to regulate all existing buildings
and structures to ensure that they are maintained to the standard
desired by the City to ensure a safe, healthy, and attractive community.
The City Council and citizens of this community have determined that
to maintain a vibrant and active lifestyle the physical condition
of the City is an important aspect of government. In addition to the
provisions of the Building and Fire Codes, the City may enforce these
provisions through an administrative process, or through other options
under the municipal code, to identify and cause correction of these
standards.
(Ord. 2013-1143 § 3)
For the purpose of this chapter, except as otherwise provided
herein, certain words, phrases and terms, and their derivatives, shall
be construed as specified in this chapter. Words, phrases and terms
used in this chapter, but not specifically defined herein, shall have
the meanings stated in the currently adopted regulatory codes of the
City, including the building code, the residential code, the plumbing
code, the mechanical code, the electrical code, and the fire code.
Where not defined in this chapter or in the foregoing codes, such
words, phrases and terms shall have the meanings stated in Webster's
New International Dictionary of the English Language, Unabridged,
Third Edition.
(Ord. 2013-1143 § 3)
For the purpose of this chapter, the definition of an unsafe
building will be as stated in Section 116 of the adopted building
code for unsafe structures and equipment. Unsafe structures are by
inference substandard and a blight on the community and shall be made
safe or removed in accordance with this standard and that of the adopted
building and fire codes.
(Ord. 2013-1143 § 3)
For the purpose of this chapter, any building, structure or
portion thereof, including any dwelling unit, guest room or suite
of rooms, which has any or all of the conditions or defects hereinafter
described to an extent that endangers the life, limb, health, property,
safety or welfare of the public, or the occupants thereof, shall be
deemed and is declared to be a substandard building. Substandard buildings
shall include inadequate sanitation, which includes, but is not limited
to, the following:
A. Lack
of or improper water closet, lavatory, bathtub or shower in a dwelling
unit;
B. Lack
of or improper kitchen sink;
C. Lack
of hot and cold running water to plumbing fixtures in a dwelling unit;
D. Lack
of or improper operation of necessary heating and ventilating equipment;
E. Lack
of reasonable amounts of natural light and ventilation;
F. Room
and space dimensions less than required by this code;
G. Lack
of necessary electrical lighting;
H. Infestation
of insects, vermin or rodents;
I. Lack
of connection to required sewage disposal system;
J. Lack
of garbage removal or storage;
K. Water
damage or lack of adequate drainage.
(Ord. 2013-1143 § 3)
Substandard buildings shall include, structural hazards, which
shall include, but are not limited, to whenever the building, structure
or any portion thereof, is likely to partially or completely collapse
or detach because of:
A. Dilapidation,
deterioration or decay;
C. The
removal, movement or instability of any portion of the ground necessary
for the purpose of sup-porting such building;
D. The
deterioration, decay or inadequacy of its foundation;
E. Deteriorated
or inadequate foundations;
F. Defective
or deteriorated flooring or floor supports;
G. Flooring
or floor supports of insufficient size to carry imposed loads with
safety;
H. Members
of walls, partitions or other vertical supports that split, lean,
list or buckle due to defective material or deterioration;
I. Members
of walls, partitions or other vertical supports that are of insufficient
size to carry imposed loads with safety;
J. Members
of ceilings, roofs, ceiling and roof supports or other horizontal
members which sag, split or buckle due to defective material insufficient
size or deterioration;
K. Fireplaces
or chimneys which list, bulge or settle, due to defective material
or deterioration;
L. Fireplaces
or chimneys which are of insufficient size or strength to carry imposed
loads with safety;
M. Glass
windows or doors of the structure that are broken;
N. All
premises on which any abandoned underground storage tanks, cesspools,
wells, pits, shafts or other dangerous excavations may exist.
(Ord. 2013-1143 § 3)
Substandard buildings shall include damaged buildings, which
shall include, but not be limited to, whenever the building, structure
or portion thereof has been so damaged by fire, wind, earthquake or
flood, or has become so dilapidated or deteriorated as to:
A. Become
an attractive nuisance to people;
B. Become
a harbor for trespassers; or
C. Enable
persons to resort thereto for the purpose of committing unlawful or
immoral acts.
(Ord. 2013-1143 § 3)
Substandard buildings shall include the following use violations:
A. Use
violations occur whenever any building, structure or portion thereof
has been used, constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable to such building
or structure provided by this code;
B. Improper
Occupancy. All buildings, structures or portions thereof occupied
for any purpose other than that for which they were approved, including
all buildings or portions thereof occupied for living, sleeping, cooking
or dining purposes which were not designed or intended to be used
for such occupancies. Garages are not habitable spaces and are not
intended for any other use than storage and vehicle parking.
(Ord. 2013-1143 § 3)
Substandard buildings shall include problematic utility systems,
egress and fire systems, which shall include, but not be limited to:
A. Hazardous
Wiring. Wiring that was installed without the benefit of inspection,
has degraded, become overloaded, or misused will be considered unsafe.
Except that installed in accordance 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;
B. Hazardous
Plumbing. Plumbing that was installed without the benefit of inspection,
has degraded, failed, collapsed, or become unsanitary. 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;
C. Hazardous
Mechanical Equipment. All mechanical equipment installed without the
benefit of inspections, that has degraded, become inoperable, lacks
combustion air, adequate vents, improper gas connections, and inoperable
controls. Except those that conformed with all applicable laws in
effect at the time of installation, and which has been maintained
in good and safe condition;
D. Inadequate
Exits. All buildings, structure or portions thereof, not provided
with adequate exit facilities as required by the building code at
the time of construction. Those buildings, structures 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 occupancy load, alteration
or addition or any change in occupancy;
E. Hazardous
Residential Emergency Exits from Bedrooms. Bedrooms are unsafe when
not provided with windows or doors that meet the emergency egress
requirements of the current residential building code. When windows
or doors are replaced or repaired in bed-rooms they shall be installed
to meet the current residential code requirements. Bedrooms that lack
emergency egress are not to be utilized for sleeping purposes;
F. Inadequate
Fire Protection or Firefighting Equipment. All buildings, structures
or portions thereof which are not provided with the fire resistive
construction or fire extinguishing systems or equipment required by
this code, 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;
G. Abandoned
or Partial Buildings. 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 six months, so as to constitute such building
or portion thereof an attractive nuisance or hazard to the public.
(Ord. 2013-1143 § 3)
For the purpose of this chapter, any building, structure or
portion thereof which has any one or more of the following conditions
constitutes substandard property but are not unsafe by strict interpretation
and that need to be repaired before becoming unsafe or its dilapidated
appearance affects the surrounding neighborhood:
A. Unpainted
buildings or buildings with dry rot, warping and/or termite infestation;
B. Broken
windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
C. Attractive
nuisances dangerous to children in the form of unattended, abandoned
or broken equipment and neglected machinery;
D. Clotheslines
in front yard areas;
E. Lack
of adequate garbage and rubbish storage and removal facilities;
F. Trash
and garbage containers stored in front of side yards and visible from
public streets, except when placed in areas of collection at times
permitted in compliance with this code;
G. Fences
(including retaining walls) which are not constructed of new or suitable
used material, do not conform with the methods of construction pursuant
to the requirements of the building code, or are not maintained in
a state of good repair. Any dilapidated, dangerous or unsightly fence
or retaining wall shall be repaired or removed. Temporary materials
shall not be permitted as a fencing material;
H. The parking or storage of motorized or non-motorized vehicles, motorcycles, trailers, campers, boats and other mobile equipment in the front yard area of property located in a residential zone (as defined in Section
19.04.650 of this code);
I. The parking or storage of any type of motorized or non-motorized vehicle, motorcycle, or recreational vehicle off a paved driveway, on a lawn or on unpaved areas, on property located in a residential zone (as defined in Section
19.04.650 of this code);
J. Storage of machinery or parts thereof, or material or equipment associated with building, painting, plumbing and electrical contracting and services and similar activities, including implements or tools (other than what is stored and carried in a motor vehicle) having a power rating of greater than one horsepower, on property located in a residential zone (as defined in Section
19.04.650 of this code);
K. Maintenance
of premises in such condition as to be detrimental to the public health,
safety or general welfare or in such manner as to constitute a public
nuisance;
L. Maintenance
of premises so out of harmony or conformity with the maintenance standards
of adjacent properties as to cause substantial diminution of the enjoyment,
use or property values of such adjacent properties;
M. All
premises on which there are any "weeds," as described in Government
Code Section 39561.5, rubbish or refuse found upon parkways, sidewalks,
or private property within the City.
(Ord. 2013-1143 § 3)
The City Manager, Public Safety Director, Building Official, and their designees are authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. By direction the code compliance officers, fire prevention officers and other delegated personnel may enforce the provisions of this code, pursuant to applicable law, including, but not limited to, Chapters
1.12,
1.16,
1.18 and
1.22 of this municipal code.
(Ord. 2013-1143 § 3)
All buildings, structures, properties or portions thereof which
are determined by inspection to be substandard are declared to be
public nuisances, and may be abated by repair, rehabilitation, demolition,
removal or clearing in accordance with the procedure specified in
this chapter or as otherwise provided in this municipal code.
(Ord. 2013-1143 § 3)
A. Whenever
the Building Official or the Public Safety Director has inspected
or caused to be inspected any building, structure, property or portion
thereof, and has found and determined it to be substandard, the Building
Official or the Public Safety Director shall commence proceedings
to cause repair, rehabilitation, demolition or abatement of the violations
of this chapter.
B. Standards
for maintenance of buildings awaiting demolition or repair may be
enforced, which shall include, but not be limited to, the following:
1. Unsafe
structures and buildings shall be made safe by providing a six-foot
tall chain link fence around the property or structure.
2. The
building or structure may be tightly enclosed with structural sheathing
securely fastened within door and window casings and all other openings
covered. The sheathing shall be painted to reduce the detrimental
effect of the abandonment on the neighborhood.
3. The
property shall be kept free of weeds, trash, and vehicles.
4. Utilities
shall be disconnected before the service entrance and made secure.
(Ord. 2013-1143 § 3)
A. The
City Manager and the City Attorney are authorized to determine whether
any rental housing within the City is in violation of state or local
law. Following such determination, the property owner shall be notified
by the Building Official and/or the City Attorney that failure to
correct substandard conditions on the property within six months will
result in notification of the Franchise Tax Board.
B. If the
conditions are not brought into compliance within six months, the
Building Official may be directed to prepare and mail by certified
mail, postage prepaid, return receipt requested, a notice of noncompliance
to the affected property owner. Such notice shall reflect that substandard
housing conditions have not been cured within the time prescribed
by law and shall advise the property owner of a right to appeal.
1. The
affected property owner may appeal the City Manager or City Attorney's
determination by filing a written request with the City Clerk within
10 days of the date of the notice of noncompliance. The filing of
such appeal shall stay notification of the State Franchise Tax Board
until the Council has acted on the appeal.
2. If
no appeal is filed within 10 days, the Building Official shall forward
a copy of the notice of noncompliance to the State Franchise Tax Board.
The Council may also be requested by staff to approve any actions
already taken with respect to such notification, including forwarding
such notice to the Franchise Tax Board.
C. The
City Council shall review evidence submitted on appeal, and affirm,
modify or reverse the determination with respect to the existence
of state law or municipal code violations on the property.
1. If
the Council determines that a violation exists on the property, the
Building Official shall be directed to forward a copy of the notice
of noncompliance to the State Franchise Tax Board.
D. Upon
appeal, the City Council shall make written findings on the evidence
and a copy of such findings shall be mailed by certified mail, postage
prepaid, return receipt requested, to the affected property owner.
Action by the City Council on the appeal shall be final and conclusive.
(Ord. 2013-1143 § 3)
No person, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person violating the provisions of this chapter is guilty of a misdemeanor for each day such violation continues. All violations of this chapter shall be subject to civil penalties in accordance with Chapter
1.12 of this code.
(Ord. 2013-1143 § 3)