Except as provided in Section 18.37.220 below, the building official must serve a written notice of determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such notice of determination must be delivered by hand-delivery, telephone, telegram, facsimile, or other reasonable means, and must clearly indicate that the structure or part of the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the building official, make the structure an imminent hazard and dangerous, and must also include a directive from the building official of the specific action or actions to be taken by the property owner. The notice must specify that within seventy-two hours from the time of issuance of the notice of determination, the owner or other party of record with an equitable or legal interest in the property must submit a hazard abatement plan and abate the nuisance in accordance with the directives written in the notice of determination by the building official.
(Ord. 1593 § 2, 2022)
No prior notice is required, when the building official, after
considering all the facts, determines, in writing, that the structure
or part of the structure is an imminent hazard and dangerous, and
that it must be abated immediately and that time and circumstances
do not permit the giving of prior notice to the owner. In those cases,
where time and circumstances do not permit the city to give the owner
notice prior to abatement, the building official may cause the nuisance
to be summarily abated.
(Ord. 1593 § 2, 2022)
A notice of determination delivered by the building official,
that a building or structure is an imminent hazard and dangerous and
therefore must be abated, may be appealed by the property owner or
any other party of record with an equitable or legal interest in the
property. Such appeal must be made to the building official within
forty-eight hours of delivery of such notice of determination by the
building official. Such appeal must be accompanied by a written hazard
abatement plan signed by a state of California licensed engineer or
architect or by a written report by a state of California licensed
engineer or architect stating why the engineer or architect feels
the building or structure is not an imminent hazard or dangerous at
this time. Such report must include a recommendation by the engineer
or architect as to what should or should not be done at this time.
If the building official accepts the proposed hazard abatement plan
in lieu of the notice of determination, the hazard abatement plan
must be implemented within twenty-four hours of acceptance by the
building official. If the building official accepts an engineer's
report and agrees there is no imminent hazard, the building official
must rescind, in writing, the notice of determination. Should the
building official disagree with the hazard abatement plan, or should
the building official disagree with the engineer's or architect's
report, a hearing must be conducted by the board of appeals, as soon
as a quorum can be assembled.
(Ord. 1593 § 2, 2022)
At the hearing, the appellant has the right to call witnesses,
to submit evidence, and to cross-examine the witnesses of the city.
All witnesses must be sworn. A record of the proceedings must be made
by tape recording. Any relevant evidence may be submitted, regardless
of the existence of any common law or statutory rule which might make
improper the admission of such evidence over objection in civil actions
in the courts of this state. At the close of the hearing, the board
of appeals must act to either uphold, overrule, or modify the determination
and order of the building official. The determination and order of
the building official will be upheld, unless the board of appeals
finds, based upon the evidence in the record, that the building official
erred in determining that the structure is an imminent hazard and
dangerous. The decision of the board of appeals, with the reasons
therefor, may be given orally on the record. If given orally, the
decision must be memorialized in writing and served upon the applicant
within twenty-four hours of the time the oral decision is rendered.
If the board of appeals upholds the decision of the building official,
the property owners of record will be ordered to abate the public
nuisance within the time set forth in the order. If the structure
is determined not to be an imminent hazard and dangerous, the building
official's determination and order will be vacated. The decision of
the board of appeals will be final on the date it is rendered.
(Ord. 1593 § 2, 2022)
Before any work is started to abate the hazard, a hazard abatement
plan shall be submitted for approval. Unless waived by the building
official, a hazard abatement plan shall be signed by a state of California
licensed engineer or architect. If a hazard abatement plan is approved
by the building official, the owner or other interested party of record
must execute such plan within twenty-four hours of obtaining approval
of the plan and permit from the building official. Within twenty-four
hours of completion of the abatement work the owner or other interested
party of record must provide the building official with a written
certification that the public nuisance, as described in the building
official's notice of determination, has been abated. If the work performed
pursuant to the hazard abatement plan amounts to temporary abatement,
the owner or other party of record, prior to proceeding with permanent
repairs, must obtain required permits and file a damage assessment
report with the building official. The damage assessment report must
be reviewed and approved by the building official prior to proceeding
with permanent repairs.
(Ord. 1593 § 2, 2022)
In those instances, where the property owner or other interested
party of record either does not respond to the building official's
notice of determination or approved hazard abatement plan, responds
untimely, or responds timely but fails to abate the public nuisance
within the required time period, the imminent hazard and dangerous
structure will be subject to immediate abatement by the building official.
(Ord. 1593 § 2, 2022)
All structures or portions of such structures which, after inspection by the building official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Section 18.37.250.
(Ord. 1593 § 2, 2022)
Notwithstanding any code provisions to the contrary, the building
official is authorized to suspend abatement work by the city's contractors,
and to allow the property owner or other party of legal interest to
complete the abatement work.
(Ord. 1593 § 2, 2022)
When the conditions making a structure an imminent hazard and
dangerous have been abated, the structure will no longer be considered
an imminent hazard and dangerous. However, if the abatement work is
temporary in nature, as determined by the building official, the structure
will remain subject to the provisions of this article.
(Ord. 1593 § 2, 2022)
If the owner of any building or structure has decided to demolish
rather than repair, the owner, or the owner's representative, must
obtain a demolition permit.
(Ord. 1593 § 2, 2022)
