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;
B. 
Faulty construction;
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)