As used in this chapter:
means the holder or holders of the record title and all recorded
interests herein on the day upon which the notice of hearing by the
Board of Condemnation is issued.
(Rev. Code 1954 § 9801; O1715)
Any building or structure in which there exists any of the following
listed conditions to an extent that endangers the life, limb, health,
property, safety or welfare of the public or the occupants thereof
shall constitute a menace to public safety:
A.
Inadequate
sanitation, which shall include, but not be limited to, the following:
1.
Lack
of, or improper water closet, lavatory, bathtub or shower in a dwelling
unit;
2.
Lack
of, or improper water closets, lavatories and bathtubs or showers
per number of guests in a hotel;
3.
Lack
of, or improper kitchen sink;
4.
Lack
of hot and cold running water to required plumbing fixtures in a hotel;
5.
Lack
of hot and cold running water to required plumbing fixtures in a dwelling
unit;
6.
Lack
of adequate heating facilities;
7.
Lack
of, or improper operation of required ventilating equipment;
8.
Lack
of minimum amounts of natural light and ventilation required by the
Uniform Building Code, as adopted;
9.
Room
and space dimensions less than required by the Uniform Building Code,
as adopted;
10.
Lack of required electrical lighting;
11.
Dampness of habitable rooms;
12.
Infestation of insects, vermin or rodents as determined by the Health
Officer;
13.
General dilapidation or improper maintenance;
14.
Lack of connection to required sewage disposal system;
15.
Lack of adequate garbage and rubbish storage and removal facilities
as determined by the Health Officer;
16.
Discharge of sewage on the surface of the ground;
17.
Lack of an approved water supply.
B.
Structural
hazards, which shall include but not be limited to the following:
1.
Deteriorated
or inadequate foundations;
2.
Defective
or deteriorated flooring or floor supports;
3.
Flooring
or floor supports of insufficient size to carry imposed loads with
safety;
4.
Members
of walls, partitions or other vertical supports that split, lean,
list or buckle due to defective material or deterioration;
5.
Members
of walls, partitions or other vertical supports that are of insufficient
size to carry imposed loads with safety;
6.
Members
of ceilings, roofs, ceiling and roof supports or other horizontal
members which sag, split or buckle due to defective material or deterioration;
7.
Members
of ceilings, roofs, ceiling and roof supports or other horizontal
members that are of insufficient size to carry imposed loads with
safety;
8.
Fireplaces
or chimneys which list, bulge or settle, due to defective material
or deterioration;
9.
Fireplaces
or chimneys which are of insufficient size or strength to carry imposed
loads with safety;
10.
Cesspools and septic tanks which are structurally unsound.
C.
Nuisances.
Any of the following:
1.
Any
public nuisance known at common law or in equity jurisprudence;
2.
Any
attractive nuisance which may prove detrimental to children whether
in a building, on the premises of a building or upon an unoccupied
lot. This includes any abandoned wells, shafts, basements or excavations;
abandoned refrigerators and motor vehicles; or any structurally unsound
fences or structures; or any lumber, trash, fences, debris or vegetation
which may prove a hazard for inquisitive minors;
3.
Whatever
is dangerous to human life or is detrimental to health, as determined
by the Health Officer;
4.
Overcrowding
a room with occupants;
5.
Insufficient
ventilation or illumination;
6.
Inadequate
or unsanitary sewage or plumbing facilities;
7.
Uncleanliness,
as determined by the Health Officer;
8.
Whatever
renders air, food or drink unwholesome or detrimental to the health
of human beings, as determined by the Health Officer.
D.
Hazardous
Wiring. All wiring except that which conformed 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.
E.
Hazardous
Plumbing. All plumbing 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 and siphonage
between fixtures.
F.
Hazardous
Mechanical Equipment. All mechanical equipment, including vents, except
that which conformed with all applicable laws in effect at the time
of installation and which has been maintained in good safe condition.
G.
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.
Broken,
rotted, split or buckled exterior wall coverings or roof coverings.
H.
Fire
Hazard. Any building or portion thereof, device, apparatus, equipment,
combustible waste or vegetation which, in the opinion of the Fire
Chief or his or her deputy, is in such a condition as to cause a fire
or explosion or provide a ready fuel to augment the spread and intensity
of fire or explosion arising from any cause.
I.
Faulty
Materials of Construction. All materials of construction except those
which are specifically allowed or approved by the Uniform Building
Code, as adopted, and which have been adequately maintained in a good
and safe condition.
J.
Hazardous
or Unsanitary Premises. Those premises on which an accumulation of
weeds, vegetation, junk, dead organic matter, debris, garbage, offal,
rat harborages, stagnant water, combustible materials and similar
materials or conditions constitute fire, health or safety hazards.
K.
Inadequate
Maintenance. Any building or portion thereof which is determined to
be an unsafe building in accordance with Section 203(a) of the Uniform
Building Code, as adopted.
L.
Inadequate
Exits. All buildings or portions thereof not provided with adequate
exit facilities as required by the Uniform Building Code, as adopted,
except those buildings 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 occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of or improper
location of exits, additional exits may be required to be installed.
M.
Inadequate
Fire Protection or Firefighting Equipment. All buildings or portions
thereof which are not provided with the fire-resistive construction
of fire-extinguishing systems or equipment required by the Uniform
Building Code, as adopted, 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.
N.
Improper
Occupancy. 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.
(Rev. Code 1954 § 9801; O1715)
There shall be a Board of Condemnation which shall consist of
the Health Officer, the Chief, electrical services/inspection, the
Public Works Director and City Engineer, the Chief Building Inspector,
the Fire Chief, the City Assessor and the Planning Director, or their
designated representatives.
(Rev. Code 1954 § 1660; O1420; O2730)
Upon presentation of proper credentials, the members of the
Board of Condemnation, or their duly authorized representatives, may
enter at reasonable times any building, structure or premises in the
city to perform any duty imposed upon them by this chapter.
(Rev. Code 1954 § 9810; O1715)
The Board of Condemnation is granted the power, after hearing,
to find and determine whether any building constitutes a menace to
public safety. Said board may, as part of said hearing, inspect such
building and the facts observed by said board at such inspection shall
constitute evidence upon which it may base its findings.
(Rev. Code 1954 § 9802; O1715)
Notice of hearing shall be given by the Board by posting in
a conspicuous place on the building sought to be condemned, at least
30 days prior to the date of hearing, a notice directed to the owner,
designating the building sought to be condemned, the grounds therefor
and the time and place of hearing. A copy of this notice shall be
sent by registered or certified mail, postage prepaid, return receipt
requested, at least 30 days prior to the date of such hearing, to
the owner at his or her last known address or if such address cannot
after due diligence be ascertained, then to said owner at "Napa, California."
(Rev. Code 1954 § 9802; O1182; O1715)
Whenever the Board of Condemnation shall have determined that
a building constitutes a menace to public safety, it shall thereupon
find and determine what repairs or alterations are necessary or whether
the total destruction of such building is necessary in order that
such building shall not constitute a menace to public safety, and
said Board shall also find and determine the length of time necessary
to complete such repairs, alterations or destructions, such time to
begin to run upon service of copy of report hereinafter mentioned.
(Rev. Code 1954 § 9803)
The Board shall, with all diligence, make a written report of
its findings and said report shall be filed in the office of the City
Clerk. At the next regular meeting of the Council the City Clerk shall
lay the said report before the Council and the Council shall fix a
time for hearing objections to the same, which time shall not be less
than one week thereafter. The City Clerk shall thereupon send a notice
of such hearing by registered or certified mail, postage prepaid,
return receipt requested, to the owner, at his or her last known address
or if such address cannot after due diligence be ascertained, then
to said owner at "Napa, California."
(Rev. Code 1954 § 9804; O1715)
At the time fixed or to which the hearing may be adjourned,
the Council shall hear the objections, if any, and shall pass upon
the same. If such objections are sustained, all proceedings in regard
to the building sought to be condemned shall be stopped but proceedings
may be again commenced at any time by the Board of Condemnation. If
there are no objections, or if the objections are overruled, the Council
shall proceed to pass upon said report and may confirm, correct or
modify the same and a copy of said report, as finally confirmed, corrected
or modified, shall be sent by registered or certified mail, postage
prepaid, return receipt requested, to the owner at his or her last
known address and, if after due diligence he or she cannot be found,
shall in lieu thereof be posted for 10 days in a conspicuous place
on the building.
(Rev. Code 1954 § 9805; O1715)
Any owner having any objections to, or feeling aggrieved at,
any proceedings taken by the Council in ordering abatement of any
nuisance, must bring an action in a court of competent jurisdiction,
within 30 days after the date of notice of the Council action declaring
the nuisance to exist, to contest the validity of any proceedings
leading up to the Council action; otherwise all objections will be
deemed to have been waived.
(Rev. Code 1954 § 9809; O1715)
Every building found to constitute a menace to public safety
shall, if not destroyed, altered or repaired within the time allowed
by and in accordance with said report as finally confirmed, corrected
or modified, be deemed and every such building is declared to be a
public nuisance and every such nuisance may be abated summarily with
the consent of the property owner or by civil action.
(Rev. Code 1954 § 9808)
The owner of property condemned under this chapter shall within
the time prescribed in such order of condemnation, do the work required
in such order. In the event such work is not so done, the City Engineer
may proceed to have such work done by city crews or by advertising
for bids and awarding a contract. In either case, an accurate record
of the costs thereof shall be kept and said costs shall be billed
to the owner who shall have 30 days from such service to reimburse
the city. If such reimbursement is not made within said time, the
amount of such costs shall become a lien against the property on which
such work is done.
(Rev. Code 1954 § 9801; O1715)
The Finance Director shall note the amount of each lien for
costs incurred hereunder on the assessment books of the city after
the amount of taxes assessed against the respective lots is charged,
and thereafter the amount of each such charge shall be collected in
the same manner and at the same time as city taxes, and if not so
paid, the same penalties shall be added as are now or may hereafter
be added to delinquent taxes, and thereafter the property upon which
it is a lien shall be sold and be subject to redemption in the same
manner as property is now sold for delinquent taxes. The provisions
of this section shall not apply to any piece of property, land or
lot, the charge against which has been paid prior to the delivery
to the county auditor of said abstract.
(Rev. Code 1954 § 9812; O1826; O4112)
It is unlawful for any owner of any building found to constitute a menace to public safety to fail, after service of said report as provided in Section 15.40.090, to destroy, alter or repair such building in accordance with said report and within the time allowed by said report, provided such owner has the legal right and power so to destroy, alter or repair such building, and it is unlawful for any owner, after he or she has received the notice of hearing as provided in Section 15.40.060, to disable him or herself from destroying, altering or repairing such building. Each day's failure so to alter, destroy or repair such building shall constitute a distinct and separate offense.
(Rev. Code 1954 § 9806)
