This chapter shall be known as the Norwalk Administrative Code,
hereinafter referred to as "this Code."
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this Code shall apply to the construction,
alteration, movement, enlargement, replacement, repair, equipment,
use and occupancy, location, maintenance, removal and demolition of
every building or structure or any appurtenances connected or attached
to such buildings or structures.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Provisions in the appendices to the referenced codes shall not
apply unless specifically adopted.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The purpose of this Code is to establish the minimum requirements
to safeguard the public health, safety and general welfare through
structural strength, means of egress facilities, stability, sanitation,
adequate light and ventilation, and energy conservation; to safeguard
life and property from fire and other hazards attributed to the built
environment and to provide safety to firefighters and emergency responders
during emergency operations.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Codes listed in Sections 15.32.010.4.1 through 15.32.010.4.8 and referenced elsewhere in the Codes shall be considered part of the requirements of the Codes to the prescribed extent of each such reference.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Building Code shall apply to
the construction, alteration, relocation, enlargement, replacement,
repair, equipment, use and occupancy, location, maintenance, removal
and demolition of every building or structure or any appurtenances
connected or attached to such buildings or structures other than those
meeting the scoping limitations contained in the California Residential
Code.
(Ord. 22-1738 § 10)
The provisions of the California Residential Code shall apply
to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location, removal and demolition
of detached one-and two-family dwellings and townhouses not more than
three stories above grade plane in height with a separate means of
egress and their accessory structures not more than three stories
above grade plane in height.
Exception: The following shall be permitted to be constructed
in accordance with the California Residential Code where provided
with a residential fire sprinkler system complying with Section R313:
1.
Live/work units located in one-and two-family dwellings or townhouses
and complying with the requirements of Section 508.5 of the California
Building Code.
2.
Owner-occupied lodging houses with five or fewer guestrooms.
3.
A care facility with five or fewer persons receiving custodial care
within a dwelling unit.
4.
A care facility with five or fewer persons receiving medical care
within a dwelling unit.
5.
A care facility for five or fewer persons receiving care that are
within a single-family dwelling.
(Ord. 22-1738 § 10)
The provisions of the California Fire Code shall apply to matters
affecting or relating to structures, processes and premises from the
hazard of fire and explosion arising from the storage, handling or
use of structures, materials or devices; from conditions hazardous
to life, property or public welfare in the occupancy of structures
or premises; and from the construction, extension, repair, alteration
or removal of fire suppression and alarm systems or fire hazards in
the structure or on the premises from occupancy or operation.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Plumbing Code shall apply to
the installation, alteration, repair, and replacement of plumbing
and gas delivery systems, including equipment, appliances, fixtures,
fittings and appurtenances, and where connected to a water or sewage
system and all aspects of a medical gas system. The provisions of
the California Plumbing Code shall apply to private sewage disposal
systems.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Electrical Code shall apply
to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and
appurtenances there-to.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Mechanical Code shall apply
to the installation, alterations, repairs and replacement of residential
and commercial mechanical and gas systems, including equipment, appliances,
fixtures, fittings and appurtenances thereto, including ventilating,
heating, cooling, air-conditioning and refrigeration systems, incinerators
and other energy-related systems. Where there is a conflict between
the California Mechanical and Plumbing Codes, as related to chapters
for gas or fuel, the provisions provided in the Plumbing Code shall
prevail.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The provisions of the California Energy Code shall apply to
all matters governing the design and construction of buildings for
energy efficiency.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
The mandatory provisions of the California Green Building Standards
Code shall apply to all new buildings or structures, unless otherwise
indicated in the referenced code.
(Ord. 22-1738 § 10)
Where, in any specific case, different sections of this Code
specify different materials, methods of construction or other requirements,
the most restrictive shall govern. Where there is a conflict between
a general requirement and a specific requirement, the specific requirement
shall be applicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this Code shall not be deemed to nullify any
provisions of local, State or Federal law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
References to chapter or section numbers, or to provisions not
specifically identified by number shall be construed to refer to such
chapter, section or provision of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Codes and standards referenced in this Code shall be considered
part of the requirements of this Code to the prescribed extent of
each such reference. Where differences occur between provisions of
this Code and referenced codes and standards, the provisions of this
Code shall apply.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In the event that any part or provision of this Code is held
to be illegal or void, this shall not have the effect of making void
or illegal any of the other parts or provisions.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The legal occupancy of any structure existing on the date of
adoption of this Code shall be permitted to continue without change,
except as is specifically covered in this Code, the California Building
Code, California Residential Code or the California Fire Code, or
as is deemed necessary by the Building Official for the general safety
and welfare of the occupants and the public.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
This section pertains to the demolition and reconstruction of
existing buildings. It does not apply to additions to existing buildings.
If the removal of exterior walls exceeds 75% of the entire building,
the entire building shall comply with the Code provisions for new
construction.
For reconstruction of nonconforming buildings as defined in NMC Section 17.01.060, refer to Section 17.01.240.
(Ord. 22-1738 § 10)
A.
Live
Loads Posted. In commercial, institutional or industrial buildings,
for each floor or portion thereof designed for live loads exceeding
50 psf (2.40 kN/m2), such design live loads
shall be conspicuously posted by the owner or the owner's authorized
agent in the part of each story in which they apply, using durable
signs. It is unlawful to remove or deface such notices.
B.
Issuance of Certificate of Occupancy. A certificate of occupancy required by Section 15.32.100 shall not be issued until the floor load signs have been installed.
C.
Restrictions
on Loading. It is unlawful to place, or cause or permit to be placed,
on any floor or roof of a building, structure or portion thereof,
a load greater than is permitted by this Code.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The Building and Safety Division shall be responsible for the
enforcement of the Building Codes and the official in charge thereof
shall be known as the Building Official. Where references in this
Code or State Codes or other regulations refer to the Department of
Building Safety, the term shall mean the Building and Safety Division
of the City of Norwalk, as applicable to this jurisdiction.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In accordance with the prescribed procedures of this jurisdiction
and with the concurrence of the appointing authority, the Building
Official shall have the authority to appoint the related technical
officers, inspectors, plan examiners and other employees. Such employees
shall have powers as delegated by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
General. The Building Official is hereby authorized and directed
to enforce the provisions of this Code. The Building Official shall
have the authority to render interpretations of this Code and to adopt
policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies and procedures shall be
in compliance with the intent and purpose of this Code. Such policies
and procedures shall not have the effect of waiving requirements specifically
provided for in this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall receive applications, review construction
documents and issue permits for the erection, construction, enlargement,
addition, improvement, alteration, demolition and moving of buildings
and structures, installation and repair or replacement of building
service equipment and inspect the premises for which such permits
have been issued and enforce compliance with the provisions of this
Code, or other Technical Codes as applicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall issue all necessary notices or orders
to ensure compliance with this Code, or other Technical Codes as applicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall make all of the required inspections,
or the Building Official shall have the authority to accept reports
of inspection by approved agencies or individuals. Reports of such
inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual.
The Building Official is authorized to engage such expert opinion
as deemed necessary to report upon unusual technical issues that arise,
subject to the approval of the appointing authority.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall carry proper identification when
inspecting structures or premises in the performance of duties under
this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where it is necessary to make an inspection to enforce the provisions
of this Code or where the Building Official has reasonable cause to
believe that there exists in a structure or upon a premises a condition
which is contrary to or in violation of this Code which makes the
structure or premises unsafe, dangerous or hazardous, the Building
Official is authorized to enter the structure or premises at reasonable
times to inspect or to perform the duties imposed by this Code, provided
that if such structure or premises be occupied that credentials be
presented to the occupant and entry requested. If such structure or
premises is unoccupied, the Building Official shall first make a reasonable
effort to locate the owner or other person having charge or control
of the structure 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. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall keep official records of applications
received, permits and certificates issued, fees collected, reports
of inspections, and notices and orders issued. Such records shall
be retained in the official records for the period required for retention
of public records.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official, member of the board of appeals or employee
charged with the enforcement of this Code, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by this Code or other pertinent law or ordinance, shall not thereby
be rendered liable personally and is hereby relieved from personal
liability for any damage accruing to persons or property as a result
of any act or by reason of an act or omission in the discharge of
official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this Code shall be
defended by legal representative of the jurisdiction until the final
termination of the proceedings. The Building Official or any subordinate
shall not be liable for cost in any action, suit or proceeding that
is instituted in pursuance of the provisions of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Materials, equipment and devices approved by the Building Official
shall be constructed and installed in accordance with such approval.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The installation of used materials that meet the requirements
of this Code for new materials is permitted. Used equipment and devices
shall not be installed unless approved by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Wherever there are practical difficulties involved in carrying
out the provisions of this Code, the Building Official shall have
the authority to grant modifications for individual cases, upon application
of the owner or owner's representative, provided the Building Official
shall first find that special individual reason makes the strict letter
of this Code impractical and the modification is in compliance with
the intent and purpose of this Code and that such modification does
not lessen health, accessibility, life and fire safety, or structural
requirements. The details of action granting modifications shall be
recorded and entered in the files of the Building and Safety Division.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this Code are not intended to prevent the
installation of any material or to prohibit any design or method of
construction not specifically prescribed by this Code, provided that
any such alternative has been approved. An alternative material, design
or method of construction shall be approved where the Building Official
finds that the proposed design is satisfactory and complies with the
intent of the provisions of this Code, and that the material, method
or work offered is, for the purpose intended, at least the equivalent
of that prescribed in this Code in quality, strength, effectiveness,
fire resistance, durability and safety.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Supporting data, where necessary to assist in the approval of
materials or assemblies not specifically provided for in this Code,
shall consist of valid evaluation reports from approved sources.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever there is insufficient evidence of compliance with the
provisions of this Code, or evidence that a material or method does
not conform to the requirements of this Code, or in order to substantiate
claims for alternative materials or methods, the Building Official
shall have the authority to require tests as evidence of compliance
to be made at no expense to the jurisdiction. Test methods shall be
as specified in this Code or by other recognized test standards. In
the absence of recognized and accepted test methods, the Building
Official shall approve the testing procedures. Tests shall be performed
by an approved agency. Reports of such tests shall be retained by
the Building Official for the period required for retention of public
records.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Any owner or authorized agent who intends to construct, enlarge,
alter, repair, improve, move, demolish, or change the use or occupancy
of a building or structure, or to erect, install, enlarge, alter,
repair, remove, convert, or perform any grading, or install or replace
any electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this Code, or to cause any such work to be
done, shall first make application to the Building Official and obtain
the required permit.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Exemptions from permit requirements of this Code shall not be
deemed to grant authorization for any work to be done in any manner
in violation of the provisions of this Code or any other laws or ordinances
of this jurisdiction. Permits shall not be required for the following:
A.
Building.
1.
One-story detached accessory structures to an R-3 occupancy less
than 10 feet in height, used as tool and storage sheds, playhouses
and similar uses, such as portable shade structures, provided the
floor area does not exceed 120 square feet (11 m2). Such structures must comply with the setback requirements of the
City zoning ordinance and the Fire Code.
2.
Wood, chain link or tubular steel fences or masonry walls not over
six feet (1,829 mm) high.
3.
Oil derricks.
4.
Retaining walls that are not over four feet (1,219 mm) in height
measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge or impounding Class I, II or III A liquids,
or within 30 inches from a property line.
5.
Water tanks supported directly on grade if the capacity does not
exceed 5,000 gallons (18,925 L) and the ratio of height to diameter
or width does not exceed 1.5:1.
6.
Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade
at any point, are not attached to a dwelling and do not serve the
exit door required by Section R311.2.
7.
Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below, or within 30 inches
from a property line, and are not part of a required exit, means of
egress or an accessible route.
8.
Painting, papering, carpeting, tiling that is not part of a tub or
shower enclosure, cabinets, counters and similar finish work that
does not involve electrical, mechanical, or plumbing work.
9.
Temporary motion picture, television and theater stage sets and scenery.
10.
Prefabricated swimming pools accessory to a Group R-3 occupancy that
are less than 18 inches (457.2 mm) deep, do not exceed 5,000 gallons
(18,925 L) and are installed entirely above ground.
11.
Swings and other playground equipment accessory to detached one-and
two-family dwellings.
12.
Window awnings supported by an exterior wall that do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require
additional support Group R-3 and U occupancies.
13.
Non-fixed and movable fixtures, cases, racks, counters and partitions
not over five feet, nine inches (1,753 mm) in height.
14.
Other incidental structures or improvements of a minor nature may
be exempt from the permit provisions of this Code upon the determination
of the Building Official.
Unless otherwise exempted, separate plumbing, electrical, and
mechanical permits will be required for the above-exempted items.
B.
Electrical.
1.
Repairs and Maintenance. Minor repair work, including the replacement
of lamps, switches, receptacle devices, sockets, or the connection
of approved portable electrical equipment to approved permanently
installed receptacles.
2.
Radio and Television Transmitting Stations. The provisions of this
Code shall not apply to electrical equipment used for radio and television
transmissions, but do apply to equipment and wiring for a power supply
and the installations of towers and antennas.
3.
Temporary Testing Systems. A permit shall not be required for the
installation of any temporary system required for the testing or servicing
of electrical equipment or apparatus.
4.
The wiring for temporary theater, motion picture or television stage
sets.
5.
The repair of fixed motors, transformers, apparatus, or appliances.
6.
Temporary Christmas or other holiday decorative lighting installed
for less than 90 days.
7.
Private telephone, intercom, sound and communication systems, provided,
however, that a permit shall be obtained for the power supplies required
by the above systems.
E.
Plumbing.
1.
The stopping of leaks in drains, water, soil, waste or vent pipe,
provided, however, that if any concealed trap, drain pipe, water,
soil, waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with the new material, such work shall
be considered as new work and a permit shall be obtained and inspection
made as provided in this Code.
2.
The clearing of stoppages or the repairing of leaks in pipes, valves
or fixtures and the removal and reinstallation of water closets, provided
such repairs do not involve or require the replacement or rearrangement
of valves, pipes or fixtures.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord.
22-1738 § 10)
Where equipment replacements and repairs must be performed in
an emergency situation, the permit application shall be submitted
within the next working business day to the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Application or notice to the Building Official is not required
for ordinary repairs to structures, replacement of lamps or the connection
of approved portable electrical equipment to approved permanently
installed receptacles. Such repairs shall not include the cutting
away of any wall, partition or portion thereof, the removal or cutting
of any structural beam or load-bearing support, or the removal or
change of any required means of egress, or re-arrangement of parts
of a structure affecting the egress requirements; nor shall ordinary
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A permit shall not be required for the installation, alteration
or repair of generation, transmission, distribution or metering or
other related equipment that is under the ownership and control of
public service agencies by established right.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
To obtain a permit, the applicant shall first file an application
in writing on a form furnished by the Building and Safety Division
for that purpose. Such application shall:
1.
Identify
and describe the work to be covered by the permit for which application
is made.
2.
Describe
the land on which the proposed work is to be done by legal description,
street address or similar description that will readily identify and
definitely locate the proposed building or work.
3.
Indicate
the use and occupancy for which the proposed work is intended.
5.
State
the valuation of the proposed work.
6.
Be
signed by the applicant, or the applicant's authorized agent.
7.
Give
such other data and information as required by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall examine or cause to be examined
applications for permits and amendments thereto within a reasonable
time after filing. If the application or the construction documents
do not conform to the requirements of pertinent laws, the Building
Official shall reject such application in writing, stating the reasons
therefor. If the Building Official is satisfied that the proposed
work conforms to the requirements of this Code and laws and ordinances
applicable thereto, the Building Official shall issue a permit therefor
as soon as practicable.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
An application for a permit for any proposed work shall be deemed
to have been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued;
except that the Building Official is authorized to grant one or more
extensions of time for additional periods not exceeding 90 days each.
The extension shall be requested in writing and justifiable cause
demonstrated.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The application, plans, specifications, computations, and other data filed by an applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other City Departments to verify compliance with any applicable laws and ordinances under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fees specified in Section 15.32.080 have been paid, a permit shall be issued therefor to the applicant.
When the Building Official issues the permit where plans are
required, he or she shall endorse in writing or stamp the plans and
specifications "APPROVED." Such approved plans and specifications
shall not be changed, modified or altered without authorization from
the Building Official, and all work regulated by this Code shall be
done in accordance with the approved plans.
The Building Official may issue a permit for the construction
of part of the building or structure before the entire plans and specifications
for the whole building or structure have been submitted or approved,
provided adequate information and detailed statements have been filed
complying with all pertinent requirements of this Code. The holder
of such permit shall proceed at his or her own risk without assurance
that the permit for the entire building or structure will be granted.
No permit shall be issued for the erection or construction of any building, or for any structural alteration or addition, upon any lot or parcel which is not a legal building site, as defined in the Zoning Ordinance, (Section 17.01.060), or if the proposed work would be in conflict with the terms, provisions of requirements of any ordinance, resolution, regulation or law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
One set of approved plans, specifications and computations shall
be retained by the Building Official for a period of not less than
90 days from date of completion of the work covered therein, or as
specified in the City's record retention plan, and one set of approved
plans and specifications shall be returned to the applicant, and said
set shall be kept on the site of the building or work at all times
during which the work authorized thereby is in progress.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The issuance or granting of a permit or approval of plans, specifications,
and computations shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions this Code or of
any other ordinance of the City. Permits presuming to give authority
to violate or cancel the provisions of this Code or other ordinances
of the City shall not be valid.
The issuance of a permit based upon plans, specifications and
other data shall not prevent the Building Official from thereafter
requiring the correction of errors in said plans, specifications and
other data, or from preventing building operations being carried on
there under when in violation of this Code or of any other ordinances
of the City.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Every permit issued by the Building Official under the provisions
of this Code shall expire by limitation and become null and void if
the building or work authorized by such permit is not commenced within
12 months from the date of such permit, or if the building or work
authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of 180 days. Before such work can
be commenced or recommenced, a permit shall first be renewed or reissued.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
Any permittee holding an unexpired permit may apply for an extension
of time within which permittee may commence work under that permit
when he or she is unable to commence or recommence work within the
time required by this section for good and satisfactory reasons. The
Building Official is authorized to grant, in writing, one or more
extensions of time for periods not more than 180 days each. The extension
shall be registered in writing and justifying cause demonstrated.
Permits extended in this manner will not require additional permit
fees and will not be subject to new regulations adopted after issuance
of the permit.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
Any permittee holding a permit that has been expired for less
than 180 days may apply for a renewal of permit. Permit renewal fee
shall be based on the current value of the work remaining to be completed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Any permittee holding a permit that has been expired for 180
days or more may apply for reissuance of the permit subject to compliance
with current regulations and payment of full plan check and permit
fees. Plans must be resubmitted for plan check. Portions of the structure
which have been approved under the expired permit will not be subject
to current regulations. For the purpose of permit extension, renewal,
and reissuance, multiple permits of the same structure such as building,
foundation, retaining wall, plumbing, mechanical, and electrical permits
shall be considered as one permit. Each separate permit with work
completed entirely prior to suspension or abandonment will not be
subject to renewal or reissuance.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A permit issued hereunder shall become void upon a change of ownership or a change of contractor regarding the building, structure or grading for which said permit was issued if the work thereon has not been completed, and a new permit shall be required for the completion of the work. If the provisions of Section 15.32.050.7 of this chapter are not applicable and if no changes have been made to the plans and specifications last submitted to the Building Official, no charge, other than the permit issuance fee, shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the Building Official, a permit fee based upon the valuation of the work to be completed as provided for in Section 15.32.080 shall be charged to the permit applicant.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may, in writing, suspend or revoke a permit
issued under provisions of this Code whenever the permit is issued
in error or on the basis of incorrect information supplied or in violation
of any ordinance or regulation or any of the provisions of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The building permit or copy shall be kept on the site of the
work until the completion of the project.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction documents, statement of special inspections and
other data shall be submitted in one or more sets with each permit
application. The construction documents shall be prepared by a registered
design professional where required by the statutes of the jurisdiction
in which the project is to be constructed. Where special conditions
exist, the Building Official is authorized to require additional construction
documents to be prepared by a registered design professional.
Exception: The Building Official is authorized to waive the
submission of construction documents and other data not required to
be prepared by a registered design professional if it is found that
the nature of the work applied for is such that review of construction
documents is not necessary to obtain compliance with this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction documents shall be dimensioned and drawn upon suitable
material. Electronic media documents are permitted to be submitted
when approved by the Building Official. Construction documents shall
be of sufficient clarity to indicate the location, nature and extent
of the work proposed and show in detail that it will conform to the
provisions of this Code and relevant laws, ordinances, rules and regulations,
as determined by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The construction documents shall show in sufficient detail the
foundation, floor, ceiling, roof, and wall elements pertinent to the
support and structural integrity of the structure. Additional connection
details and sections shall be provided as necessary to show in detail
that it will conform to the provisions of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Shop drawings for the fire protection system(s) shall be submitted
to indicate conformance with this Code and the construction documents
and shall be approved prior to the start of system installation. Shop
drawings shall contain all information as required by the referenced
installation standards in Chapter 9 of the Building Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The construction documents shall show in sufficient detail the
location, construction, size and character of all portions of the
means of egress in compliance with the provisions of this Code. In
other than occupancies in Groups R-2, R-3, and I-I, the construction
documents shall designate the number of occupants to be accommodated
on every floor, and in all rooms and spaces.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction documents for all buildings shall describe the
exterior wall envelope in sufficient detail to determine compliance
with this Code. The construction documents shall provide details of
the exterior wall envelope as required, including flashing, intersections
with dissimilar materials, corners, end details, control joints, intersections
at roof, eaves or parapets, means of drainage, water-resistive membrane
and details around openings.
The construction documents shall include manufacturer's installation
instructions that provide supporting documentation that the proposed
penetration and opening details described in the construction documents
maintain the weather resistance of the exterior wall envelope. The
supporting documentation shall fully describe the exterior wall system
which was tested, where applicable, as well as the test procedure
used.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where balconies or other elevated walking surfaces are exposed
to water from direct or blowing rain, snow or irrigation, and the
structural framing is protected by an impervious moisture barrier,
the construction documents shall include details for all elements
of the impervious moisture barrier system. The construction documents
shall include manufacturer's installation instructions.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The construction documents submitted with the application for
permit shall be accompanied by a site plan showing to scale the size
and location of new construction and existing structures on the site,
distances from lot lines, the established street grades and the proposed
finished grades and, as applicable, flood hazard areas, floodways,
and design flood elevations; and it shall be drawn in accordance with
an accurate boundary line survey. In the case of demolition, the site
plan shall show construction to be demolished and the location and
size of existing structures and construction that are to remain on
the site or plot. The Building Official is authorized to waive or
modify the requirement for a site plan when the application for permit
is for alteration or repair or when otherwise warranted.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
An expedited review and permit issuance process shall be provided
for EV charging stations. Simplified forms for submittal will be made
available on City's website.
(Ord. 10-1633 § 1; Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
When the Building Official issues a permit, the construction
documents shall be approved, in writing or by stamp, as "Reviewed
for Code Compliance." One set of construction documents shall be retained
by the Building Official. The other set shall be returned to the applicant,
shall be kept at the site of work and shall be open to inspection
by the Building Official or a duly authorized representative.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
This Code shall not require changes in the construction documents,
construction or designated occupancy of a structure for which a lawful
permit has been heretofore issued or otherwise lawfully authorized,
and the construction of which has been pursued in good faith within
12 months.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The Building Official is authorized to issue a permit for the
construction of foundations or any other part of a building or structure
before the construction documents for the whole building or structure
have been submitted, provided that adequate information and detailed
statements have been filed complying with pertinent requirements of
this Code. The holder of such permit for the foundation or other parts
of a building or structure shall proceed at the holder's own risk
with the building operation and without assurance that a permit for
the entire structure will be granted.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
When it is required that documents be prepared by a registered
design professional, the Building Official shall be authorized to
require the owner to engage and designate on the building permit application
a registered design professional who shall act as the registered design
professional in responsible charge. If the circumstances require,
the owner shall designate a substitute registered design professional
in responsible charge who shall perform the duties required of the
original registered design professional in responsible charge. The
Building Official shall be notified in writing by the owner if the
registered design professional in responsible charge is changed or
is unable to continue to perform the duties.
The registered design professional in responsible charge shall
be responsible for reviewing and coordinating submittal documents
prepared by others, including phased and deferred submittal items,
for compatibility with the design of the building.
Where structural observation is required by Building Code Section
1709, the statement of special inspections shall name the individual
or firms who are to perform structural observation and describe the
stages of construction at which structural observation is to occur
(see also duties specified in Section 1704).
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
For the purposes of this section, deferred submittals are defined
as those portions of the design that are not submitted at the time
of the application and that are to be submitted to the Building Official
within a specified period.
Deferral of any submittal items shall have the prior approval
of the Building Official. The registered design professional in responsible
charge shall list the deferred submittals on the construction documents
for review by the Building Official.
Documents for deferred submittal items shall be submitted to
the registered design professional in responsible charge who shall
review them and forward them to the Building Official with a notation
indicating that the deferred submittal documents have been reviewed
and been found to be in general conformance to the design of the building.
The deferred submittal items shall not be installed until the design
and submittal documents have been approved by the Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Work shall be installed in accordance with the approved construction
documents, and any changes made during construction that are not in
compliance with the approved construction documents shall be resubmitted
for approval as an amended set of construction documents.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
One set of approved construction documents shall be retained
by the Building Official for a period of not less than 180 days from
date of completion of the permitted work, or as required by State
or local laws.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to issue a permit for temporary
structures and temporary uses. Such permits shall be limited as to
time of service, but shall not be permitted for more than 180 days.
The Building Official is authorized to grant extensions for demonstrated
cause.
Permits for temporary Group A, Division 5 structures shall be
valid for a period not exceeding 30 days.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Temporary structures and uses shall conform to the structural
strength, fire safety, means of egress, accessibility, light, ventilation
and sanitary requirements of this Code as necessary to ensure public
health, safety and general welfare.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such
installation has been fully completed and the final certificate of
completion has been issued. The part covered by the temporary certificate
shall comply with the requirements specified for temporary lighting,
heat or power in the California Electrical Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to terminate such permit
for a temporary structure or use and to order the temporary structure
or use to be discontinued.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A fee as established by resolution of the City Council shall
be paid for each permit application at time of processing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The determination of value or valuation under any of the provisions
of this Code shall be made by the Building Official, based on the
cost per square foot as established by the City Council. The valuation
shall be the total value of all construction work for which the permit
is issued, as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators, fire-extinguishing
systems and any other permanent equipment.
Failure to pay fees and obtain a permit before commencing work
shall be deemed a violation of this Code, except when it can be proven
to the satisfaction of the Building Official that an emergency existed
which made it impractical to first obtain the permit. A violation
shall result in an assessment of investigation fees for work done
prior to permit issuance. Payment of investigation fees shall not
relieve any person from fully complying with the requirements of this
Code nor from any other penalties prescribed herein.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever any work for which a permit is required by this Code
has been commenced without first obtaining said permit, a special
investigation shall be made before a permit may be issued for such
work.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
An investigation fee, equal to the amount of the permit fee
or as established by Resolution of the City Council, shall be assessed
by the Building Official whenever work for which a permit is required
by this Code has been commenced without first obtaining said permit.
This fee shall be paid and the investigation shall be made prior to
the issuance of any permit for said work. An investigation fee may
be charged for any investigation of a building, structure, work reports,
certification or any other related work requested by an owner or authorized
agent of such owner. The payment of such investigation fee shall not
exempt any person from compliance with all other provisions of this
Code nor from any penalty prescribed by law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the Building Official in the course of enforcing the provisions
of this Code or any State law issues an order to a person and that
person fails to comply with the order within 10 calendar days following
the due date for compliance specified in the order, including any
extensions thereof, then the Building Official shall have the authority
to collect a non-compliance fee. The non-compliance fee shall not
be imposed unless the order states that a failure to comply will result
in the fee being imposed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
When a plan or other data is required to be submitted by Section 15.32.060, a plan-checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. Said plan-checking fee shall be established by the City Council.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Applications for which no permit is issued within 180 days following
the date of application shall expire by limitation, and plans and
other data submitted for review may thereafter be returned to the
applicant or destroyed by the Building Official. The Building Official
may extend the time for action by the applicant for a period not exceeding
180 days on request by the applicant showing that circumstances beyond
the control of the applicant have prevented action from being taken.
No application shall be extended more than once. In order to
renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may authorize refunding of any fee paid
hereunder, which was erroneously paid or collected. The Building Official
may authorize refunding of the permit fee paid minus $65 when no work
has been done under a permit issued in accordance with this Code,
no refund will be made for issuance fees, record retention fees, Building
Standards Administration fees, or Strong-Motion Instrumentation Fees.
The Building Official may authorize refunding of the plan review fee
paid minus $65 when an application for a permit for which a plan review
fee that has been paid is withdrawn or canceled before any plan reviewing
is done. The Building Official shall not authorize refunding of any
fee paid except on written application filed by the original permittee
not later than 180 days after the date of fee payment.
Permit and plan check fees will be refunded in their entirety
when inadvertently paid for a project outside the jurisdiction of
the City of Norwalk or as duplicate fees, except that no refund will
be made if one year has elapsed from the date of payment.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where plans are incomplete or changed so as to require additional
plan checking, an additional plan-checking fee shall be paid to the
Building Official based upon the value of construction of the proposed
change or redesign. In establishing said fee, no allowance for a decreased
valuation shall be permitted due to the replacement, omission or lessening
of any member or portion of the building shown in the original plans.
Where the value cannot be reasonably established, the fee shall be
the applicable hourly rate or cost to the City. Said fee may be waived
when in the opinion of the Building Official the additional fee is
not warranted. No additional fees shall be charged for checking corrections
required by the Building Official where a responsible effort to correct
the documents has been made.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Construction or work for which a permit is required shall be
subject to inspection by the Building Official and such construction
or work shall remain accessible and exposed for inspection purposes
until approved. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of this
Code or of other ordinances of the jurisdiction. Inspections presuming
to give authority to violate or cancel the provisions of this Code
or of other ordinances of the jurisdiction shall not be valid. It
shall be the duty of the permit applicant to cause the work to remain
accessible and exposed for inspection purposes. Neither the Building
Official nor the jurisdiction shall be liable for expense entailed
in the removal or replacement of any material required to allow inspection.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Before issuing a permit, the Building Official is authorized
to examine or cause to be examined buildings, structures and sites
for which an application has been filed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official, upon notification that the work is ready, shall make the inspections set forth in Sections 15.32.090.3 through 15.32.090.3.10.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Footing and foundation inspections shall be made after excavations
for footings are complete and any required reinforcing steel, anchor
bolts and structural hardware is in place. For concrete foundations,
any required forms shall be in place prior to inspection. Materials
for the foundation shall be on the job, except where concrete is ready
mixed in accordance with ASTM C 94, the concrete need not be on the
job.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Concrete slab inspections shall be made after in-slab reinforcing
steel and/or under-floor building service equipment, conduit, piping
accessories and other ancillary equipment items are in place and approved,
but before any concrete is placed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Under-floor inspections shall be made after building service
equipment, conduit, piping accessories and other ancillary equipment
items are in place, but before any floor sheathing installed, including
the sub-floor.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Floor and roof sheathing nailing shall be made after all nailing
and shear transfer connections are in place but before subsequent
walls or roof covering materials are commenced. For floor sheathing,
each subsequent floor or level shall be inspected. For roof sheathing
the inspection shall be made after materials have been loaded on the
roof but prior to start of roofing activities.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Framing inspections shall be made after the roof covering, all
framing, fire blocking and bracing are in place and pipes, chimneys
and vents to be concealed are complete, and the rough electrical,
plumbing, heating wires, pipes and ducts are approved. The inspector
may perform a combination inspection of the building framing, electrical
wiring, plumbing and mechanical installations at the same time.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Inspections shall be made to determine compliance with State
energy regulations and shall include, but not be limited to, inspections
for: envelope insulation R and U values, fenestration U value, duct
system R value, and HVAC and water-heating equipment efficiency.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Protection of joints and penetrations in fire-resistance-rated
assemblies shall not be concealed from view until inspected and approved.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Lath and gypsum board inspections shall be made after lathing
and gypsum board, interior and exterior, is in place, but before any
plastering is applied or gypsum board joints and fasteners are taped
and finished.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where balconies or other elevated walking surfaces are exposed
to water from direct or blowing rain, snow or irrigation, and the
structural framing is protected by an impervious moisture barrier,
all elements of the impervious moisture barrier system shall not be
concealed until inspected and approved.
Exception: Where special inspections are provided in accordance
with Section 1705.1.1, Item 3.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
In addition to the inspections specified above, the Building
Official is authorized to make or require other inspections of any
construction work to ascertain compliance with the provisions of this
Code and other laws that are enforced by the Building Official. No
work shall be concealed until approved by the Building Official or
an authorized representative.
(Ord. 10-1633 § 1; Ord. 19-1709 § 10; Ord. 21-1722 § 2)
For special inspections, see Section 1704.
(Ord. 10-1633 § 1; Ord. 19-1709 § 10; Ord. 21-1722 § 2)
The final inspection shall be made after all work required by
the building permit is completed. Legally issued permits shall not
be considered valid and complete without final inspection.
(Ord. 10-1633 § 1; Ord. 19-1709 § 10; Ord. 21-1722 § 2)
The Building Official is authorized to accept reports from accredited
or approved inspection agencies, provided such agencies satisfy the
requirements as to qualifications and reliability.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
It shall be the duty of the holder of the building permit or
their duly authorized agent to notify the Building Official when work
is ready for inspection. It shall be the duty of the permit holder
to provide access to and means for inspections of such work that are
required by this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Work shall not be done beyond the point indicated in each successive
inspection without first obtaining the approval of the Building Official.
The Building Official, upon notification, shall make the requested
inspections and shall either indicate the portion of the construction
that is satisfactory as completed, or notify the permit holder or
his or her agent wherein the same fails to comply with this Code.
Any portions that do not comply shall be corrected and such portion
shall not be covered or concealed until authorized by the Building
Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A building or structure shall not be used or occupied, and a
change of occupancy or change of use of a building or structure or
portion thereof shall not be made, until the Building Official has
issued a certificate of occupancy therefor as provided herein. Issuance
of a certificate of occupancy shall not be construed as an approval
of a violation of the provisions of this Code or of other ordinances
of the jurisdiction.
Exceptions:
1.
Certificates of occupancy are not required for work exempt from permits under Section 15.32.050.1.
2.
Group
U occupancy.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
After the Building Official inspects the building or structure
and finds no violations of the provisions of this Code or other laws
that are enforced by the department of building safety, the Building
Official shall issue a certificate of occupancy that contains the
following:
1.
The
building permit number.
2.
The
address of the structure.
3.
The
name and address of the owner.
4.
A
description of that portion of the structure for which the certificate
is issued.
5.
A
statement that the described portion of the structure has been inspected
for compliance with the requirements of this Code for the occupancy
and division of occupancy and the use for which the proposed occupancy
is classified.
6.
The
name of the Building Official.
7.
The
edition of the Code under which the permit was issued.
8.
The
use and occupancy, in accordance with the provisions of Chapter 3.
9.
The
type of construction as defined in Chapter 6.
10.
Any special stipulations and conditions of the building permit.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to issue a temporary certificate
of occupancy before the completion of the entire work covered by the
permit, provided that such portion or portions shall be occupied safely.
The Building Official shall set a time period during which the temporary
certificate of occupancy is valid.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to, in writing, suspend
or revoke a certificate of occupancy or completion issued under the
provisions of this Code wherever the certificate is issued in error,
or on the basis of incorrect information supplied, or where it is
determined that the building or structure or portion thereof is in
violation of any ordinance or regulation or any of the provisions
of this Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
No person shall make connections from a utility, source of energy,
fuel or power to any building or system that is regulated by this
Code for which a permit is required, until released by the Building
Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall have the authority to authorize
the temporary connection of the building or system to the utility
source of energy, fuel or power.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall have the authority to authorize
disconnection of utility service to the building, structure or system
regulated by this Code and the Codes referenced in case of emergency
where necessary to eliminate an immediate hazard to life or property.
The Building Official shall notify the serving utility, and wherever
possible the owner and occupant of the building, structure or service
system of the decision to disconnect prior to taking such action.
If not notified prior to disconnecting, the owner or occupant of the
building, structure or service system shall be notified in writing,
as soon as practical thereafter.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In order to determine the suitability of alternate materials
and methods of construction and to provide for reasonable interpretations
of the Building Codes, there shall be and is hereby created a Board
of Appeals. The Property Maintenance and Building Rehabilitation Appeals
Board of the City of Norwalk shall be the Board of Appeals and may
be referred to herein as the "Board of Appeals," the "Appeals Board"
or the "Board." The members of the Board shall be appointed by and
hold office at the pleasure of the City Council and may recommend
such new legislation as deemed necessary. The Board shall adopt reasonable
rules and regulations for conducting its investigations. The Building
Official shall be an ex officio nonvoting member and act as secretary.
The Building Official shall keep a record of all proceedings and notify
all parties concerned of the findings and decisions of the Board.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Board of Appeals shall have no authority relative to interpretation
of the administrative provisions of this Code nor shall the Board
be empowered to waive requirements of the Building Codes or other
Technical Codes.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A written appeal, outlining the Building or other Technical
Code provision from which relief is sought and the alternate method
or material to achieve compliance or remedy proposed shall be submitted
to the City of Norwalk within 10 calendar days of notification of
violation. Such applicant shall file with the Director of Community
Development a request, in writing, for a deviation from such requirements
of the adopted codes. The request shall be accompanied by an application
fee in such amount as shall be determined by resolution of the City
Council. The request shall set forth:
1.
The
identity of the property for which an alternate method or material
is sought;
2.
The
requirements imposed by the Code upon the applicant;
3.
The
nature of the work in progress or proposed and measures which the
applicant would need to undertake to meet those requirements;
4.
The
fire flow or other fire protection measures available to the property;
and
5.
The
nature and degree of hardship being imposed upon the applicant by
the requirements of the Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
Within
10 days after receipt of an application for hearing before the Property
Maintenance and Building Rehabilitation Appeals Board, the Director
of Community Development shall set the matter for hearing before the
Board, at a meeting for which proper notice can be given.
B.
Notice
of the time and place of the public hearing shall include a general
description of the matter to be considered and the location of the
project and shall be given at least 10 days prior to the hearing,
in the following manner:
1.
By posting the notice in at least three public places in the City,
including at least one notice in the affected area;
2.
By mail or by delivery of the notice to the project proponent and
to all persons, including businesses, corporations, or other public
or private entities shown on the last equalized assessment role as
owning real property contiguous with the property in question; and
3.
By giving such other additional notice as deemed appropriate by the
Property Maintenance and Building Rehabilitation Appeals Board.
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If there is another noticed hearing before the Board relative
to the property, the hearings may be combined.
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(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
At
the conclusion of the public hearing, the Board shall consider all
relevant evidence and may authorize alternate methods or materials
where all of the following findings are made:
1.
That the granting of an alternate method or material is necessary
for the preservation and enjoyment of a substantial property right
of the applicant, which right is possessed by other property owners
under like conditions;
2.
There are exceptional or extraordinary circumstances or conditions
applicable to the property generally not applicable to other property;
3.
An unreasonable hardship would result to the applicant from not granting
the alternate method or material, and the alternate method or material
will permit the use of the property to the same level as other property
and shall not constitute a special privilege to the applicant not
enjoyed by the owners of other property; and
4.
The granting of the alternate method or material will not be materially
detrimental to the public welfare or injurious to property and improvements
in the vicinity of the property.
B.
The Property Maintenance and Building Rehabilitation Appeals Board may, from time to time, continue the item on its agenda, but shall render a decision within 45 days of the date the matter was submitted to it. The decision of the Board shall be final, unless that decision is appealed to the City Council. Any person, including the applicant, may appeal the decision of the Property Maintenance and Building Rehabilitation Appeals Board to the City Council, provided that such appeal is filed with the City Clerk within 10 days after the decision by the Board, and that the appeal is accompanied by a fee in such amount as shall be determined by resolution of the City Council. In the event of such an appeal, the City Council shall conduct a public hearing, shall give the notice required by Section 15.32.120.3, and, upon the conclusion of the hearing, make the findings required and take such actions as it deems appropriate. In that case, the decision of the City Council shall be final and conclusive.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
It shall be unlawful for any person, firm, or corporation to
erect, construct, enlarge, alter, extend, repair, move, improve, remove,
convert or demolish, equip, use, occupy, or maintain any building
or structure, or equipment, or perform any grading, in the City of
Norwalk, or cause or permit the same to be done, contrary to or in
violation of any of the provisions of the Building Codes, Technical
Codes or this Code.
Any person, firm, corporation violating any of the provisions
of the Building Codes, Technical Codes or this Code shall be deemed
guilty of a misdemeanor, and each such person shall be deemed guilty
of a separate offense for each and every day or portion thereof during
which any violation of any of the provisions of said Codes is committed,
continued, or permitted, and upon conviction of any such violation
each such offense shall be punishable by a fine of not more than $1,000
or by imprisonment in the County Jail for a period of not more than
six months, or both such fine and imprisonment.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official is authorized to serve a notice of violation
or order on the person responsible for the erection, construction,
alteration, extension, repair, moving, removal, demolition, use or
occupancy of a building or structure in violation of the provisions
of this Code, or in violation of a permit or certificate issued under
the provisions of this Code. Such order shall direct the discontinuance
of the illegal action or condition and the abatement of the violation.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the notice of violation is not complied with promptly, the
Building Official is authorized to request the legal counsel of the
jurisdiction to institute the appropriate proceeding at law or in
equity to restrain, correct or abate such violation, or to require
the removal or termination of the unlawful occupancy of the building
or structure in violation of the provisions of this Code or of the
order or direction made pursuant thereto.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If (1) the Building Official determines that any property, building
or structure, or any part thereof is in violation of any provision
of this Code; and if (2) the Building Official gives written notice
as specified below of said violation; and if (3) within 45 days of
said notice, the property, buildings, or structures thereon are not
brought into compliance with this Code, then the Building Official
may, in his or her sole discretion, at any time thereafter record
with the County Recorder's office a notice that the property and/or
any building or structure located thereon is in violation of this
Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The written notice given pursuant to this section shall indicate:
A.
The nature of the violation(s); and
B.
That if the violation is not remedied to the satisfaction of the
Building Official within 45 days the Building Official may, at any
time thereafter, record with the County Recorder's office a notice
that the property and/or any building or structure located thereon
is in violation of this Code.
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The notice provided for in this section shall be mailed to the
owner of the property as indicated on the last equalized County assessment
roll, served by personal service upon the owner of record or by posted
on the property. The mailed notice may be by registered, certified
or first class mail. It shall be deemed a reasonable effort has been
made to serve such notice when letters have been mailed to the address
of the interested party as shown on the official record. The 45 day
period for achieving compliance with this Code shall run from the
date the property is posted or personally served or from the date
of the mailing of the notice, whichever is later.
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(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
Any person who desires to have recorded a notice rescinding
the notice of violation may present evidence of compliance to the
Building Official. If the Building Official determines that the violation
has been satisfactorily cured, and that any pending enforcement costs
have been paid, the Building Official shall record a notice rescinding
the prior notice of violation.
Following the recordation of the notice of violation the Building
Official is not required to make any inspection or review of the premises
to determine the continued existence of the cited violation. It is
the responsibility of the property owner, occupant or other similarly
interested private party to present evidence of compliance to the
Building Official.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Pursuant to California Health and Safety Code Section 17951, and any successor statute thereto, responsible persons, as identified in Section 8.36.030 of this Code, who cause, allow or maintain a violation in, or upon, residential structures and associated real property, shall be charged investigation fees by the City to defray its costs of investigation and enforcement actions. Such fees shall not exceed the amount reasonably required to achieve this objective and are chargeable whether the City's actions occur in the absence of formal administrative or judicial proceedings, as well as prior to, during, or subsequent to, the initiation of such proceedings.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the Building Official in the course of enforcing the provisions
of this Code or any State law issues an order to a person and that
person fails to comply with the order within 15 days following the
due date for compliance specified in the order, including any extensions
thereof, then the Building Official shall have the authority to collect
a non-compliance fee. The non-compliance fee shall not be imposed
unless the order states that a failure to comply will result in the
fee being imposed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The amount of such fees for City Officials' time and other resources
that are used for investigation actions and non-compliance fines shall
be established, and may thereafter be amended, by resolution by the
City Council.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The fees imposed pursuant to this section shall be in addition to any other fees or charges that responsible persons may owe pursuant to Chapter 15.04, or in accordance with any other provisions of, or that are adopted by, the Norwalk Municipal Code, or that are imposed pursuant to County or State laws. Investigation fees shall be recoverable in conjunction with any civil, administrative or criminal action to abate, cause the abatement, or cessation of, or otherwise remove a violation.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Failure to pay investigation and/or non-compliance fees shall
constitute a debt that is collectible in any manner allowed by law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever the Building Official finds any work regulated by this
Code being performed in a manner either contrary to the provisions
of this Code or dangerous or unsafe, the Building Official is authorized
to issue a stop work order.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The stop work order shall be in writing and shall be given to
the owner of the property involved, or to the owner's agent, or to
the person doing the work. Upon issuance of a stop work order, the
cited work shall immediately cease. The stop work order shall state
the reason for the order, and the conditions under which the cited
work will be permitted to resume.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law, in addition to the fees as described in Section 15.32.080.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
Unsafe
Buildings. All buildings or structures which are structurally unsafe
or not provided with adequate egress, or which constitute a fire hazard,
or are otherwise dangerous to human life, or which in relation to
existing use constitute a hazard to safety or health or public welfare,
by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster damage, or abandonment, as specified in this Code
or in any other effective ordinance or statute, are, for the purpose
of this section, unsafe buildings and constitute an unsafe condition.
All such unsafe buildings or conditions are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation, improvement,
removal, or demolition, in whole or part, in accordance with the procedures
specified in this section.
B.
Fire
Hazard. No person, including, but not limited to, the State and its
political subdivisions, operating any occupancy subject to these regulations
shall permit any fire hazard, as defined in this section, to exist
on premises under their control, or fail to take immediate action
to abate a fire hazard when requested to do so by the enforcing agency.
Note: "Fire hazard" as used in these regulations means any condition,
arrangement or act which will increase, or may cause an increase of
the hazard or menace of fire to a greater degree than customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire; or which may obstruct, delay or
hinder, or may become the cause of obstruction, delay or hindrance
to the prevention, suppression extinguishing of fire.
C.
Inspection. The Building Official shall examine or cause to be examined every building or structure or portion thereof or other condition reported as unsafe, dangerous, damaged, or otherwise constituting a hazard as set forth in subsection A of this section. Said examination shall be conducted in accordance with the provisions of this Code, other applicable statutes, and the ordinances, rules, and regulations of the City of Norwalk.
D.
Notice of Defects. In any case where this section is made applicable by reference or if any building, structure, or part thereof is found to be an unsafe building as defined in this section, the Building Official shall give notice, setting forth the defects found, to the owner, other responsible person, or authorized representative, hereinafter referred to as "owner," of such building or structure. The notice shall also set forth the requirements of commencement and completion of work and the effect of failure to so do as set forth in subsections G and H of this section.
E.
Whenever the Building Official intends to cause the work to be done by City personnel or contract agents to eliminate a hazard or to remove an unsafe condition or take any action that would result in a cost assessment against the property, the written notice shall contain language informing the concerned parties of their right of a hearing before the Building Rehabilitation Appeals Board per Section 15.32.160.17.
Any person entitled to service of the notice under subsection D of this section, or any other person with a legal interest in the property or building, may appeal the notice and order by filing with the director of Community Development a written appeal containing:
1.
A
heading in the words: "Before the Board of Appeals of the City of
Norwalk."
2.
A
caption reading "Appeal of....." giving the names of all appellants
participating in the appeal.
3.
A
brief statement setting forth the legal interest of each of the appellants
in the building or the land involved in the notice and order.
4.
A
brief statement in ordinary and concise language of the specific order
or action protested, together with any material facts claimed to support
the contentions of the appellant.
5.
A
brief statement in ordinary and concise language of the relief sought
and the reasons why it is claimed the protested order or action should
be reversed, modified or otherwise set aside.
6.
The
signatures of all parties named as appellants and their official mailing
addresses.
7.
The
verification (by declaration under penalty of perjury) of at least
one appellant as to the truth of the matters stated in the appeal.
The appeal shall be filed within 10 days from the date of the service of such order or action of the Building Official: provided, however, that 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 adjacent property and is ordered vacated and is posted in accordance with subsection J, such appeal shall be filed within 10 days from the date of the service of the notice and order of the Building Official.
a.
The Board shall consider the information provided by the appellant
and the statements of the Building Official and other evidence that
may be presented to determine whether such defects are subject to
repair, rehabilitation, or improvement, or whether they are of such
a nature as to require removal or demolition of a part of or the whole
of any such building or structure, and he or she shall order such
repairs, rehabilitation, improvements, or demolition as is considered
necessary in the case.
b.
The determination and order may be made orally at the hearing and
shall be written and transmitted to the owner within a reasonable
time; the determination and order shall become final within five days,
excluding Saturday, Sunday, and holidays, from the time it is first
rendered, or in the event that the owner was not present at the hearing,
within five days of the mailing of the order to the last known address
of said owner, responsible party, or representative, whichever first
occurs.
F.
Commencement
and Completion of Work. The owner shall, upon the expiration of five
days, excluding Saturday, Sunday, and holidays, following the finality
of the determination and order of the Board of Appeals (or, if appealed,
the determination and order to the City Council) commence the repairs,
rehabilitation, improvements, removal, or demolition ordered, and
such work shall be completed within the time specified by the Hearing
Officer.
G.
Failure
of Commencement of Work. If the owner neglects or fails to commence,
within the time provided therefor, activity and the corrective work
deemed necessary and as ordered, the Building Official may cause the
ordered repairs, rehabilitation, or improvements to be performed forthwith
and any cost thereof shall be a charge and expense against the owner
personally and collectible by an action at law.
H.
Right to Demolish. In case the owner shall fail, neglect, or refuse to comply with the notice or order to remove or demolish said building or structure or portion thereof, the City Council of the City of Norwalk may order the Building Official to proceed with the work specified in the notice or order. The cost of such work shall be levied as a special assessment against the property. The Building Official may apply to the City Council for an order under this subsection to proceed with the work specified in this subsection where such work is not deemed by him or her to require emergency action.
J.
Vacation
of Premises, Posting of Signs. If necessary, the notice shall require
the building or structure or portion thereof or other site to be vacated
forthwith, and within the time specified, in the interest of immediate
public safety pending the finality of any determination and order.
The Building Official shall cause to be posted at each entrance
to such building a notice to prohibit occupancy. Such notices shall
remain posted until the corrected conditions, required repairs, rehabilitation,
improvements, removal or demolition are completed and a certificate
of occupancy is issued as set forth in this Code. Such posted notices
shall not be removed without written permission of the Building Official,
and no person shall enter the building except for the purpose of making
the required repairs or of demolishing the building. The notice required
by this section may be served either:
1.
By
delivering a copy to the owner or authorized representative as designated
on papers, applications, or permits on file with the Building Official,
personally; or
2.
If
either or both be absent from his or her place of residence and from
his or her usual or designated place of business, by leaving a copy
with some person of suitable age and discretion at either place, and
sending a copy of certified mail, receipt requested, addressed to
the owner or authorized representative at his or her place of residence;
or
3.
If
such place of residence and business cannot be ascertained, or a person
of suitable age or discretion there cannot be found, then by affixing
a copy in a conspicuous place on the property, building structure,
and also delivering a copy to a person there residing, if any; to
the person in charge, if any; and also sending a copy by certified
mail, return receipt requested, addressed to the owner at the place
where the property, building, or structure is situated, or to the
owner at his or her last known or designated address, or both.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
Scope.
1.
General.
The provisions of this section shall apply to all substandard buildings,
substandard structures and substandard property. It is unlawful for
any person owning, leasing, occupying, using or having charge or possession
of any building, structure or property to maintain it in such as manner
that it is determined by the City or an appropriate agency of the
City to be in a substandard condition.
2.
Existing Buildings. Occupancies in existing buildings may be continued as provided in this Code, the California Building Code, California Residential Code or the California Fire Code, except in such structures as are found to be substandard as defined in this section and ordered vacated or as are found to be unsafe as defined in the Norwalk Municipal Code Section 15.32.150.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
For the purposes of this chapter, and in addition to the definitions
set forth in the previous chapters of this Code, certain terms, phrases
and words and their derivatives shall be defined as set out in this
section. Words used in the singular include the plural and vice versa.
As used in this chapter:
means and refers to any item, object, thing, material or
substance that, by its condition of damage, deterioration, disrepair,
nonuse, obsolescence or location on public real property or on private
real property, causes a reasonable person to conclude that the owner
has permanently relinquished all right, title, claim and possession
thereto, or that the object, thing, material or substance cannot be
used for its intended or designed purpose. Abandoned personal property
may include junk and vehicles.
means a building or other structure that is vacant and is
maintained in a condition of disrepair or deterioration, as discernible
from a public right-of-way or adjoining real property. Factors that
may also be considered in a determination of an abandoned structure
include, without limitation: present operability and functional utility;
the presence of non-functional, broken or missing doors or windows,
such that entry therein by unauthorized persons is not deterred; the
existence of real property tax delinquencies for the land upon which
the structure is located; age and degree of obsolescence of the structure,
and the cost of rehabilitation or repair versus its market value.
means any condition, device, equipment, instrument, item
or machine that is unsafe, unprotected and may prove detrimental to
minors whether in a structure or in outdoor areas of developed or
undeveloped real property. This includes, without limitation, any
abandoned or open and accessible wells, shafts, basements or excavations;
any abandoned refrigerators and abandoned or inoperable motor vehicles;
any structurally unsound fences or structures; or, any lumber, trash,
fences, debris or vegetation which may prove hazardous or dangerous
to inquisitive minors. An attractive nuisance shall also include pools,
standing water or excavations containing water, that are unfenced
or otherwise lack an adequate barrier thereby creating a risk of drowning,
or which are hazardous or unsafe due to the existence of any condition
rendering such water to be clouded, unclear or injurious to health
due to, without limitation, any of the following: bacterial growth,
infectious or toxic agents, algae, insect remains, animal remains,
rubbish, refuse, debris, or waste of any kind.
is the Property Maintenance and Building Rehabilitation Appeals Board as set forth in Section 15.32.160.6.
means any structure having, or originally designed to have,
a roof supported by columns or walls used or intended to be used for
the shelter or enclosure of persons, animals or property.
means the Building Code or Residential Building Code of the City of Norwalk; the latest adopted edition of the California Building Code together with all adopted appendices and amendments as specified in Chapter 15.04 and 15.06 of the Norwalk Municipal Code.
means the City of Norwalk.
means the City Manager or duly authorized representative(s).
refers to the Norwalk Municipal Code and laws incorporated
therein by reference and any adopted and uncodified ordinances.
means any individual employed by the City with primary enforcement
authority for City Codes, or duly authorized representative(s).
means the City employee or representative appointed by the
City Manager, or a designee thereof, to hear all timely appeals from
a notice of public nuisance and intent to abate with City forces or
agents.
means and includes, without limitation, any vehicle that
is immobilized or mechanically incapable of being driven on a highway.
Factors that may be used to determine this condition include, without
limitation, vehicles lacking a current registration, a working engine,
transmission, wheels, inflated tires, doors, windshield or any other
part or equipment necessary for its legal and safe operation on a
highway or any other public right-of-way.
includes, but is not limited to, any cast-off, damaged, discarded,
junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked
appliance, device, equipment, furniture, fixture, furnishing, object,
material, substance, tire, or thing of any kind or composition. Junk
may include abandoned personal property, as well as any form of debris,
refuse, rubbish, trash or waste. Factors that may be considered in
a determination that personal property is junk include, without limitation,
its:
means real property of any zoning classification on which
junk is kept, maintained, placed or stored to such a degree that it
constitutes a principal use or condition on said premises. The existence
of a junkyard is not a nuisance when it is an expressly permitted
use in the applicable zone and the premises are in full compliance
with all provisions of the City's Zoning Laws, and all other applicable
provisions of the City's Municipal Code, as well as all future amendments
and additions thereto.
means and includes any person having legal title to, or who
leases, rents, occupies or has charge, control or possession of, any
real property in the City, including all persons shown as owners on
the last equalized assessment roll of the Los Angeles County Assessor's
office. Owners include persons with powers of attorney, executors
of estates, trustees, or who are court-appointed administrators, conservators,
guardians or receivers. An owner of personal property shall be any
person who has legal title, charge, control, or possession of, such
property.
as used in this section, means and includes any individual,
partnership of any kind, corporation, limited liability company, association,
joint venture or other organization or entity, however formed, as
well as trustees, heirs, executors, administrators, or assigns, or
any combination of such persons. "Person" also includes any public
entity or agency that acts as an owner in the City.
means property that is not real property, and includes, without
limitation, any appliance, article, device, equipment, item, material,
product, substance or vehicle.
means any privately-owned real property, or improvements
thereon, or portions thereof, as the case may be. "Property" includes
any parkway or unimproved public easement abutting such real property.
means anything which is, or likely to become, injurious or
detrimental to health, safety or welfare, or is offensive to the senses,
or an obstruction to the free use of property, so as to interfere
with the comfortable enjoyment of life or property, or unlawfully
obstructs the free passage or use, in the customary manner, of any
public park, square, street or highway. All conditions hereafter enumerated
in this section, or that otherwise violate or are contrary to any
provision of the City's Municipal Code, are public nuisances by definition
and declaration, and said enumerated conditions shall not, in any
manner, be construed to be exclusive or exhaustive. A public nuisance
shall also exist when a person fails to comply with any condition
of a City approval, entitlement, license or permit or when an activity
on, or use of, real property violates, or is contrary to, any provision
or requirement of the City's Municipal Code.
means any person, whether as an owner as defined in this
section, or otherwise, that allows, causes, creates, maintains, or
permits a public nuisance, or any violation of the City's Municipal
Code or County or State law, or regulation thereof, to exist or continue,
by any act or the omission of any act or duty. The actions or inactions
of a responsible person's agent, employee, representative or contractor
may be attributed to that responsible person.
means that which is built or constructed, an edifice, wall,
fence, or building of any kind, or any piece of work artificially
built up or composed of parts joined together in some definite manner.
For purposes of this chapter, this definition shall supersede any
other definition of this term in the City's Municipal Code.
means a construction code such as the Building Code, the
Fire Code, the Electrical Code, the Plumbing Code, the Mechanical
Code, a Fuel Gas Code, or other related codes.
means any device, by which any person or property may be
propelled, moved, or drawn upon a highway or other public right-of-way,
and includes all vehicles as defined by the California Vehicle Code
and all future amendments thereto. "Vehicle" does not include devices
(1) that are propelled exclusively by human power such as bicycles
and wheelchairs, or (2) those that are used exclusively upon stationary
rails or tracks.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Where a building is found to be substandard due to having been under construction for an unreasonable time, as defined in Section 15.32.160.3, the terms "demolition, improvement, removal, repair or rehabilitation," as used in this chapter shall include "completion."
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever the word "demolish" or "demolishment" is used in this
chapter it shall include the removal of the resulting debris from
such demolition and the protection by filing of excavations exposed
by such demolition and abandonment of sewer or other waste disposal
facilities as may be required by this Code or other ordinances or
laws.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
As used in this chapter "party concerned" means the person if
any, in real or apparent charge and control of the premises involved,
the record owner, the holder of any mortgage, trust deed or other
lien or encumbrance of record, the owner or holder of any lease of
record, the record holder of any other estate or interest in or to
the building or structure or the land upon which it is located. As
used in this chapter all reference to "record" means matters of record
in the Department of Registrar-Recorder of the County of Los Angeles
which definitely and specifically describes the premises involved.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 15.32.160.4 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be a substandard building.
B.
Any unfinished building or structure or portions thereof, that are partially constructed or destroyed or allowed to remain in a state of partial construction or destruction for an unreasonable period of time or that has been in the course of construction an unreasonable time, and where the appearance and other conditions of said unfinished building or structure are such that the unfinished structure substantially detracts from the appearance of the immediate neighborhood or reduces the value of property in the immediate neighborhood, or is otherwise a nuisance, shall be deemed and hereby is declared to be a substandard building. As used herein, an "unreasonable" period shall mean either "any portion of time exceeding the period given to a responsible person by the City for the complete abatement of this nuisance condition with all required City approvals, permits and inspections," or "more than two years, except where required inspections as identified in Section 15.32.090.3 are performed under the authority of a valid permit and work is consistently approved within 90 days of each previous approval." Factors that may be used by the City to establish a reasonable period for the complete abatement of this nuisance include, but are not limited to, the following:
1.
The degree of partial construction or destruction and the cause therefor.
2.
Whether or not this condition constitutes an attractive nuisance
or if it otherwise poses or promotes a health or safety hazard to
occupants of the premises, or to others.
3.
The degree of visibility, if any, of this condition from public or
adjoining private real property.
4.
The scope and type of work that is needed to abate this nuisance.
5.
The promptness with which a responsible person has applied for and
obtained all required City approvals and permits in order to lawfully
commence the nuisance abatement actions.
6.
Whether or not a responsible person has complied with other required
technical code requirements, including requesting and passing required
inspections in a timely manner, while completing nuisance abatement
actions.
7.
Whether or not a responsible person has applied for extensions to
a technical code permit or renewed an expired permit, as well as the
number of extensions and renewals that a responsible person has previously
sought or obtained from the City.
8.
Whether or not a responsible person has made substantial progress,
as determined by the City, in performing nuisance abatement actions
under a technical code permit that has expired, or is about to expire.
9.
Whether delays in completing nuisance abatement actions under a technical
code permit have occurred and the reason(s) for such delays.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
Substandard building conditions shall include but are not limited
to the following:
A.
Inadequate
Sanitation.
1.
Lack of hot and cold running water to plumbing fixtures in a hotel
or dwelling unit.
2.
Lack of the minimum amounts of required natural light and ventilation.
3.
Room and space dimensions less than required by the Building Code.
4.
Dampness of habitable rooms.
5.
Infestation of insects, vermin, or rodents.
B.
Structural
Hazards.
1.
Deteriorated or inadequate foundations.
2.
Defective, deteriorated or inadequate size flooring and/or floor
supports.
3.
Defective, deteriorated or inadequate size members of walls, partitions
or other vertical supports.
4.
Defective, deteriorated or inadequate size ceiling, roof or other
horizontal supports.
5.
Inadequate structural resistance to horizontal forces.
6.
Defective, damaged or inadequately constructed fireplace or chimney.
C.
Interior
portions of buildings or structures (including, but not limited to
attics, ceilings, walls floors, basements, mezzanines, and common
areas) that are maintained in a condition of dilapidation, deterioration
or disrepair to such an extent as to result in, or tend to result
in, a diminution in property values, or where such condition otherwise
violates, or is contrary to, the Health Code, where applicable, or
the State Housing Code, where applicable, or other provisions of the
Norwalk Municipal Code, or State law.
D.
Exterior
portions of buildings or structures (including, but not limited to,
roofs, balconies, decks, fences, stairs, stairways, walls, signs and
fixtures), as well as sidewalks, driveways and parking areas, that
are maintained in a condition of dilapidation, deterioration or disrepair
to such an extent as to result in, or tend to result in, a diminution
in property values, or where such condition otherwise violates, or
is contrary to, the Health Code, where applicable, or the State Housing
Code, where applicable, or other provisions of the Norwalk Municipal
Code, or State law.
E.
Inadequate
or Hazardous Wiring.
1.
Lack of required electrical lighting or convenience outlets. In existing
residential occupancies, every habitable room is required to contain
at least two supplied electric convenience outlets or one such convenience
outlet and one supplied electric fixture. Every water closet compartment,
bathroom, laundry room, furnace room and public hallway in such occupancies
is required to contain at least one supplied electric fixture.
2.
All wiring except that conformed to all applicable laws in effect
at the time of installation and that has been maintained in good condition
and is being used in a safe manner.
F.
Inadequate
or Faulty Plumbing.
1.
Lack of plumbing fixtures required elsewhere in this Code.
2.
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.
3.
Lack of connection to an approved sewage disposal system.
G.
Inadequate
or Faulty Mechanical Equipment.
1.
Lack of safe, adequate heating facilities in a dwelling, apartment
house or hotel.
2.
Lack of, or improper operation of, required ventilating equipment.
3.
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 and safe condition.
I.
Faulty
Materials of Construction.
1.
Any material of construction except those which are allowed or approved
by the Building Code and which have been adequately maintained in
good and safe condition.
2.
Maintenance of any tarp or similar covering on, or over, any roof
of any structure, except during periods of active rainfall, or when
specifically permitted under an active roofing or building permit.
J.
Hazardous
or Unsanitary Premises.
1.
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
which constitute undue fire, health or safety hazards.
2.
Items or materials that cause, create, or tend to contribute to,
an offensive odor.
K.
Hazardous Buildings. Any building or portion thereof, which is determined to be an unsafe building as defined in Section 15.32.150 of this Code.
L.
Inadequate
Exits, Light, and Ventilation.
1.
All buildings or portions thereof not provided with exit facilities,
and/or light, and ventilation as required by the Building Code except
those buildings or portions thereof whose exit facilities conformed
with all applicable laws at the time of their construction and provide
adequate safe exits for the building occupants.
2.
Obstructions of any kind, cause or form that interfere with light
or ventilation for a building, or that interfere with, or hinder ingress
and egress there from.
M.
Fire
Hazard. Any building or portion thereof, device, apparatus, equipment,
combustible waste or vegetation which 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.
N.
Inadequate
Fire Protection or Firefighting Equipment. All buildings or portions
thereof which are not provided with the fire-resistive construction
or fire-extinguishing system or equipment required by the Building
Code, except those buildings or portions thereof which conform with
all applicable laws at the time of their construction and whose fire-resistive
integrity and fire-extinguishing systems and equipment provide adequate
fire safety.
O.
Improper
Occupancy. All buildings or portions thereof occupied or used for
any purpose for which they were not designed or intended to be used.
P.
Abandoned
Buildings. All buildings or portions thereof which are abandoned,
open or vandalized or both.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Any one or more of the following conditions shall constitute
substandard property:
A.
Substandard
buildings;
B.
Unpainted
buildings causing dry rot, warping and termite infestation;
C.
Broken
windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
D.
Overgrown
vegetation causing detriment to neighboring properties or property
values;
F.
Trailers,
campers, boats and other mobile equipment stored for unreasonable
periods in yard areas contiguous to streets or highways and causing
depreciation of nearby property values;
G.
Vehicles
exceeding the permissible gross vehicle weight for the streets or
public property upon which they are located, as well as construction
equipment, or machinery of any type or description that is kept, parked,
placed or stored on public or private real property except when such
items are being used during excavation, construction or demolition
operations pursuant to an active building or other technical code
permit;
H.
Inoperable
or abandoned motor vehicles stored for unreasonable periods on the
premises and causing depreciation of nearby property values;
J.
Broken
or discarded furniture and household equipment in yard areas for unreasonable
periods;
K.
Clothesline
in front yard areas;
L.
Garbage cans stored in front or side yards and visible from a public street except when placed in places of collection at the times permitted and in full compliance with NMC Section 8.48.480;
M.
Packing
boxes and other debris stored in yards and visible from public streets
for unreasonable periods;
O.
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 as defined by Civil Code Section 3480;
P.
Property,
including, but not limited to, building exteriors which are maintained
in such condition as to become so defective, unsightly, or in such
condition of deterioration or disrepair that the same causes appreciable
diminution of the property values of surrounding property or is materially
detrimental to proximal properties and improvements. This includes,
but is not limited to, the keeping or disposing of or the scattering
over the property or premises of any of the following:
1.
Lumber, junk, trash or debris,
2.
Abandoned, discarded or unused objects of equipment such as automobiles,
furniture, stoves, refrigerators, freezers, cans or containers,
3.
Stagnant water or excavations, or
4.
Any device, decoration, design, fence, structure, clothesline or
vegetation that is unsightly by reason of its condition or its inappropriate
location;
Q.
Unsanitary,
polluted or unhealthful pools, ponds, standing water or excavations
containing water, whether or not they are attractive nuisances but
which are nevertheless likely to harbor mosquitoes, insects or other
vectors. The likelihood of insect harborage is evidenced by any of
the following conditions: water which is unclear, murky, clouded or
green; water containing bacterial growth, algae, insect larvae, insect
remains, or animal remains; or, bodies of water which are abandoned,
neglected, unfiltered or otherwise improperly maintained;
R.
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;
S.
Property
maintained (in violation of the rights of others) so as to establish
a prevalence of depreciated values, impaired investments, and social
and economic maladjustments to such an extent that the capacity to
pay taxes is reduced and tax receipts from such particular area are
inadequate for the cost of public services rendered therein;
T.
Land,
the topography, geology or configuration of which whether in natural
state or as a result of the grading operations, excavation or fill,
causes erosion, subsidence, or surface water drainage problems of
such magnitude as to be injurious or potentially injurious to the
public health, safety and welfare, or to adjacent properties:
1.
Grading which does not meet the minimum standards set forth in Appendix
J of the Building Code or which is done in violation of this Code,
or any other County or State law regulating grading;
U.
Any
personal property or structure that obstructs or encroaches on any
public property, including, but not limited to, any public alley,
highway, land, sidewalk, street or other right-of-way;
V.
Storage
of hazardous or toxic materials or substances on real property, as
so classified by any local, State or Federal laws or regulations,
in such a manner as to be injurious, or potentially injurious or hazardous,
to the public health, safety or welfare, or to adjacent properties,
or that otherwise violates local, State or Federal laws or regulations;
W.
Any
discharge of any substance or material, other than stormwater, which
enters, or could possibly enter, the City's storm sewer system in
violation of the Norwalk Municipal Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In order to hear appeals provided for in Section 15.32.170 and in this chapter, there shall be and is hereby created a Building Rehabilitation Appeals Board and shall be known as the Property Maintenance and Building Rehabilitation Appeals Board as provided for in Section 15.32.120.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The City Council may choose to appoint an ex officio alternate
member of the Property Maintenance and Building Rehabilitation Appeals
Board to serve in the place and stead of any regular member of the
Rehabilitation Appeals Board who is scheduled to be absent from any
meeting and, at such meeting, shall be deemed to be a regular member
of the Board.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever the Building Official determines by inspection that
any existing building or portion thereof is substandard or any lot
or other premises is substandard, or both, as defined in this chapter,
such building or premises, or both, are hereby declared a public nuisance,
and the Building Official shall order the abatement of the nuisance
by demolition, repair or rehabilitation of the substandard building
or portion thereof or, at the option of the party concerned, by demolition
or demolishment thereof. The order also may require that the building
be vacated. If the premises are substandard the Building Official
also may order that the substandard conditions be removed.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
When the Building Official has so found, in addition to any
notices hereafter required by this chapter, the Building Official
may give to the occupants of the substandard property, and to any
other person whom he or she deems should be so notified, information
concerning the provisions of this chapter, any violation thereof,
how the person notified may comply and any other information deemed
expedient. The Building Official may post such information on the
substandard property or on the substandard building.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If, in the opinion of the Building Official, a building is found
to be substandard as defined in this chapter, the Building Official
shall give to the party concerned written notice stating the defects
thereof.
The notice may require the owner or person in charge of the
building or premises to complete the required repairs, improvements,
demolition or removal of the building or portions thereof within 30
days, or such other time limit as the Building Official may stipulate.
Such notice may also require the building, or portion thereof, to
be vacated and not reoccupied until the required repairs and improvements
are completed, inspected, and approved by the Building Official. A
person notified to vacate a substandard building by the Building Official
shall vacate within the time specified in the order.
The written notice shall contain language informing the concerned parties of their right of a hearing before the Property Maintenance and Building Rehabilitation Appeals Board per Section 15.32.160.17 whenever the Building Official takes or intends to take any one of the following actions:
1.
Issue an order to vacate a substandard premises;
2.
Cause work to be done by City personnel or contract agents to eliminate
a hazard or to remove a substandard condition or take any action that
would result in a cost assessment against the property;
3.
File a declaration of substandard building and/or substandard property
with the Department of Registrar-Recorder.
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Such written notice of the right of a hearing shall not be construed as a stay on: (1) an order to vacate; (2) the filing of a declaration of substandard building and/or property with the Department of Registrar-Recorder; or an abatement or demolition performed by City personnel or contract agents when such abatement or demolition is done pursuant to the emergency procedures permitted by Section 15.32.160.27(B) of this Code.
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Exception: Whenever any building or structure or portion thereof
constitutes an immediate hazard to life or property, and in the opinion
of the Building Official the conditions are such that repairs or demolition
or other work necessary to abate the hazard must be undertaken sooner
than provided by the procedures set forth in this section, the Building
Official may make such alterations or repairs, or cause such other
work to be done to the extent necessary to abate the hazard or demolish
the building or structure or portions thereof as are necessary to
protect life or property, or both, after giving such notice to the
parties concerned as the circumstances will permit or without any
notice whatever, when, in the opinion of the Building Official, immediate
action is necessary.
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(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If, in the opinion of the Building Official, property is found
to be substandard property as defined in this chapter, the Building
Official shall give to the party concerned written notice stating
the conditions which make the property substandard.
The notice may require the owner or person in charge of the premises to remove within 30 days, or other time limit which the Building Official may stipulate, the conditions which cause the property to be substandard. If, in order to comply with such notice, it is necessary to remove any vehicle or any part there-of, such notice shall include a description of such vehicle and the correct identification number and license number, if available at the site. Such written notice shall contain language pertaining to the right of a hearing specified in Section 15.32.160.10.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A notice of substandard property and of a substandard building
on such property may be combined into one notice.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Proper service of a notice provided for in Sections 15.32.160.10, 15.32.160.11 and 15.32.160.12 shall be by personal service or by first class mail upon every party concerned, by posting on the substandard building, if any, and upon the substandard property, if any, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when letters have been mailed to the address of the interested party as shown on the official record. Notice to a property owner or interested party concerning the imposition of an assessment for costs of abating a property nuisance shall be by certified mail. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice.
The designated period within which the owner or person in charge
is required to comply with such notice shall begin as of the date
the owner or person in charge receives such notice by personal service
or registered or certified mail. If such notice is by posting, the
designated period shall begin 10 days following the date of posting.
Failure of any owner, party concerned or other person to receive
such notice shall not affect the validity of any proceedings taken
hereunder.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If the notice of substandard building or property requires the
repair or demolition of any building and if the demolition or other
work necessary to remove the substandard conditions set forth in such
notice is not completed within the time specified in such notice and
the Building Official intends to directly proceed to demolish the
substandard building or portions thereof, or cause such other work
to be done to the extent necessary to eliminate the hazard or other
substandard conditions which have been found to exist and, by a document
recorded in the office of the Department of Registrar-Recorder prior
to the recordation of the declaration of substandard building or property,
whether such document describes the property or not, it appears that
a person other than a party concerned has any right, title, lien or
interest in the property or any portion thereof, and such person has
not previously been notified of the substandard building or property
conditions or previously been served a copy of the notice of substandard
building or property and the address of such person is known to the
Building Official or can be ascertained by the exercise of due diligence,
the Building Official shall serve a copy of the notice of substandard
building or property on such person as provided in this chapter. Such
person may request a hearing before the Building Rehabilitation Appeals
Board. The request must be made in writing to the Board within 10
days of the receipt of the copy of the notice of substandard building
or property. If a notice of substandard property does not require
the repair or demolition of any building, no notice need be given
to any person other than a party concerned.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may file with the Department of Registrar-Recorder
a declaration that a substandard building or substandard property
or both have been inspected and found to be such, as defined in this
chapter, and that all parties concerned have been or will be so notified.
The costs incurred by the Building Official in the investigation of
such properties and the processing of the declaration and notification
of concerned parties shall be adopted by resolution of the City Council.
After the Building Official finds that the public nuisance has been
abated and either that such abatement has been accomplished at no
cost to the City, or that such costs have been placed upon the tax
rolls as a special assessment pursuant to Section 54988 of the Government
Code, the Building Official shall record in the Department of Registrar-Recorder
a document terminating the above declaration.
(Ord. 19-1709 § 10; Ord. 21-1722 § 2; Ord. 22-1738 § 10)
The Building Official may cause to be posted at such substandard
building or property a notice of substandard building or property
and/or a sign to read: SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE,
BY ORDER OF THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING AND SAFETY
DIVISION, CITY OF NORWALK. Such sign may contain such additional information
and warnings as in the opinion of the Building Official are expedient.
Such notice or sign shall remain posted until the required repairs,
demolition, removal, barricading or property cleanup are completed.
Such notice or sign shall not be removed without permission of the
Building Official and if the substandard building has been ordered
vacated, no person shall enter except for the purpose of making the
required repairs or of demolishing the substandard building.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
Hearing. Any person having any right, title, lien or interest in
the property or any part thereof, or the Building Official, may request
a hearing regarding the substandard condition of a building or property
after the building or property is posted when the notice: (1) indicates
that the City has filed or intends to file a declaration of substandard
building and/or property with the Department of Registrar-Recorder;
(2) includes an order to vacate; or (3) the City seeks to abate a
public nuisance by City Personnel or contract agents. A request by
any person other than the Building Official shall be made in writing
to the Building Rehabilitation Appeals Board within 10 days after
the building or property is posted. All persons who desire to be heard
may appear before the Building Rehabilitation Appeals Board to show
that the building or property is or is not substandard or to show
cause why the building, even if substandard, should not be ordered
barricaded, demolished, repaired, rehabilitated or vacated.
B.
All persons described in subsection A of this section are entitled to a hearing before the Board. However, if they do not request in writing a hearing before the Building Rehabilitation Appeals Board with-in 10 days of notification, or if they fail to appear at such a hearing which they have requested, they will be deemed to have waived their right to a hearing before the Building Rehabilitation Appeals Board. No such right shall exist when the City does not: (1) file or intend to file a declaration of substandard building and/or property with the Department of Registrar-Recorder; (2) issue an order to vacate; or (3) seek to abate a public nuisance by City Personnel or contract agents.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Property Maintenance and Building Rehabilitation Appeals
Board shall hold a hearing and consider all competent evidence offered
by any person pertaining to the matters set forth in the report of
the Building Official.
The Board shall make written findings of fact as to whether
or not the building or property is a substandard building or substandard
property as defined in this chapter.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If neither the Building Official nor any other person requests
a hearing and the substandard condition as set forth in the notice
of substandard building or property is not completed within the time
specified in such notice, the Building Official may demolish such
portions of the structures, or may cause such other work to be done
to the extent necessary to eliminate the hazards and other substandard
conditions which had been found to exist.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If either the Building Official, or any other person, requests a hearing within the proper time as provided in Section 15.32.160.17 of this Code, the Property Maintenance and Building Rehabilitation Appeals Board shall hold such hearing. Not less than 10 days prior to the hearing the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the notice of hearing upon every person to whom this chapter requires that the notice of substandard building or substandard property be served.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The notice of hearing shall state:
A.
The street address and a legal description sufficient for identification
of the premises which is substandard or upon which the building is
located.
B.
The conditions because of which the Building Official believed that
the building or property is substandard.
C.
The date, hour and place of the hearing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall post one copy of the notice of hearing
in a conspicuous place on the substandard building involved, if any,
otherwise on the substandard property, not less than 10 days prior
to the hearing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
When the Property Maintenance and Building Rehabilitation Appeals
Board finds that: (1) a declaration of substandard building and/or
property should be filed with the Department of Registrar-Recorder,
or if filed should not be rescinded; (2) an order to vacate should
be upheld; (3) a demolition order should be upheld; or (4) the City
should take action to abate the public nuisance by use of City personnel
or contract agents, it is hereby declared that the building and/or
property is a public nuisance and, based on its findings, the Board
shall order the abatement of this nuisance by barricading, demolition,
repair or rehabilitation of the substandard building and or portion
thereof or at the option of the party concerned, by the demolition
or demolishment thereof. The order also may require that the substandard
building be vacated.
If the order is for the abatement of the public nuisance by
City personnel or contract agents the order shall state a reasonable
time within which the work shall be completed by the party concerned
which shall not be less than 10 days after the service of this order.
The Board, for good cause, may extend the time for completion in writing.
B.
The Building Official, after determining that conditions warrant
reconsideration may bring any matter before the Board for rehearing.
At such a rehearing, the Board will consider all evidence submitted
and after such reconsideration may find that further postponement
is unwarranted and so order, or may find that a new order for abatement
and/or postponement of City action is warranted and order any abatement
work considered necessary to be performed by a specified date, after
which date the Building Official shall cause such work to be performed
or completed without further notice.
(Ord. 10-1633 § 1; Ord. 13-1649 § 11; Ord. 21-1722 § 2)
A.
When the Board finds that any property is substandard property, it
is hereby declared a public nuisance and, based on its findings, the
Board shall order the abatement of the nuisance by such means as the
Board deems most feasible. If such means include the removal of any
vehicle or any part thereof, such order shall include a description
of such vehicle and the correct identification number and license
number, if available at the site.
B.
The Building Official, after determining that conditions warrant
reconsideration, may bring any matter before the Board for rehearing.
At such a rehearing, the Board will consider all evidence submitted
and after such reconsideration may find that further postponement
is unwarranted and so order, or may find that a new order for abatement
and/or postponement of City action is warranted and order any abatement
work considered necessary to be performed by a specified date, after
which date the Building Official shall cause such work to be performed
or completed without further notice.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
Any person aggrieved may appeal from the decision of the Board by
filing at the office of the City Clerk, within 10 calendar days after
the date of such decision, a written, dated appeal containing:
1.
A brief statement setting forth the legal interest of the appellant
in the property involved in the abatement order;
2.
A statement in ordinary and concise language of the specific order
or action protested, together with any material facts supporting the
contentions of the appellant;
3.
The signatures of all persons named as appellants and their official
mailing addresses; and
4.
The verification of at least one appellant as to the truth of the
matters stated in the appeal.
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Any member of the City Council may request a review by requesting
at the meeting at which the City Council receives the resolution and
report of the Property Maintenance and Building Rehabilitation Appeals
Board that the decision be formally reviewed by the City Council.
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An appeal fee shall be required for each appeal to the City
Council. No appeal shall be placed on the agenda of any meeting of
the City Council until such fee has been paid. As soon as practicable
after receiving the appeal, the City Clerk shall set a date for hearing
of the appeal by the City Council, which date shall be not more than
20 days from the date the appeal was filed. Written notice of the
time and place of the hearing shall be given at least 10 days prior
to the date of the hearing to each appellant by the City Clerk, either
by causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy thereof by first class mail, postage
prepaid. Service in a similar manner shall also be made upon all other
parties concerned who appeared at the hearing before the Board or
have corresponded with the Building Official concerning this case.
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B.
Upon the conclusion of the hearing on such appeal, the City Council
shall, by resolution, either:
1.
Terminate the proceedings;
2.
Confirm the action and decision of the Board; or
3.
Modify such decision based upon evidence presented at said hearing.
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Where the proceedings are not terminated, the resolution shall
declare the property to be a property nuisance, and order the abatement
of the conditions constituting the nuisance within such time as is
determined appropriate and in no event less than five or more than
30 days thereafter by having such conditions abated, repaired or cured
in the manner and means specifically set forth in said resolution.
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(Ord. 10-1633 § 1; Ord. 1708 § 1; Ord. 21-1722 § 2)
A.
The applicant for building rehabilitation permits for buildings determined to be substandard by the Building Official pursuant to Section 15.32.160.8 of this Code and where the value of the work exceeds $5,000 shall be a licensed contractor pursuant to Chapter 9, Division 3 of the Business and Professions Code of the State of California when such license includes within its classification limitations the activities set forth on the application for permit and entitles the licensee to perform personally or through his or her employees all such activities without personal local qualifications or registration.
Exception: If the Building Official determines that there is
an urgent necessity, he or she may, in his or her discretion, consider
an application for building rehabilitation permits prepared by persons
other than as specified above.
B.
Any person, subject to the provisions of subsection A, having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the City does so. If such person does such work after the time specified in the notice of substandard building or substandard property if no hearing was requested, otherwise, after the time specified in the last order of the Property Maintenance and Building Rehabilitation Appeals Board, all costs incurred by the City in preparation for the doing of such work are chargeable to the property and shall be collected as provided in Sections 15.32.160.28 and 15.32.160.29.
C.
If such work is completed after the Building Official or purchasing agent has awarded a contract for such work, the contractor shall receive the contract cancellation fee for the Building Official's overhead and incidental expenses, unless specifically excluded by contract, and said fee plus the amount specified by resolution of the City Council shall be the costs incurred by the City. If such work is completed before the Building Official or purchasing agent has awarded a contract, the amount specified in Section 15.32.160.27 shall be the costs incurred by the City.
(Ord. 10-1633 § 1; Ord. 16-1683 § 10; Ord. 21-1722 § 2)
A.
Procedures. If the order of the Property Maintenance and Building Rehabilitation Appeals Board requires the repair or demolition of any building, and the order of the Board is not complied with within the period designated by the Board and the public records show that there is any person who has any right, title or interest in the property or any part thereof by virtue of a document duly recorded prior to the recordation of the declaration of substandard building or property, whether such document describes such property or part thereof, or not, and such person has not been previously notified of the action of the Board during the processing of the case, the Building Official shall serve upon such person as provided in Section 15.32.160.20 a notice of the action of the Board which notice also shall contain a statement that the City will demolish the building or take such other action as may be necessary to remove the substandard conditions unless such person, within 10 days, requests, in writing, a hearing. If such person requests such a hearing, the Board shall hold such hearing as provided in this chapter at which hearing the Board shall re-determine the facts and make a new order as provided in Section 15.32.160.23 and the former order shall cease to be of any force or effect. If any Board order made pursuant to Section 15.32.160.23 or 15.32.160.24 and not superseded, or any order made pursuant to this section is not complied with within the period designated, the Building Official may then demolish the substandard building or portions thereof or may cause such other work to be done to the extent necessary to eliminate the hazard and other substandard conditions determined to exist by the Board. If the order of the Board does not require the repair or demolition of any building, no notice of such order need be given to any person other than the party concerned.
B.
Emergency Procedures. When in the opinion of the Building Official a substandard structure or portion thereof is an immediate hazard to life and property, and the abatement of such hazard requires action pursuant to the exception in Section 15.32.160.10, the Building Official may then demolish the substandard building, or portion thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The costs involved in the demolition or other work by the Building
Official, including, in addition to other costs, the applicable processing
costs as set by the City Council, shall become a special assessment
against the property.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall notify, in writing, all parties concerned and all persons notified pursuant to Section 15.32.160.14, 15.32.160.17, or 15.32.160.26 of the amount of such assessment resulting from such work.
Within five days of the receipt of such notice any such party
concerned and any other person having any right, title, or interest
in the property or part thereof may file with the Building Official
a written request for a hearing on the correctness or reasonableness,
or both, of such assessment.
Any such person who did not receive a notice pursuant to Section 15.32.160.10, 15.32.160.11, 15.32.160.14 or 15.32.160.26, and who has not had a hearing on the necessity of the demolition or other work, in such request for hearing also may ask that such necessity be reviewed. The Property Maintenance and Building Rehabilitation Appeals Board thereupon shall set the matter for hearing, give such person notice thereof as provided in Section 15.32.160.14, hold such hearing and determine the reasonableness or correctness of the assessment, or both, and if requested, the necessity of the demolition or other work. The Board shall notify all such persons of its decision in writing.
If the total assessment determined as provided for in this chapter
is not paid in full within 10 days after mailing of such notice by
the Building Official, the Building Official shall place such charge
as a special assessment on the tax bill for the property pursuant
to Section 25845 of the Government Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The assessment shall be collected at the time and in the same
manner as ordinary County taxes are collected, and shall be subject
to the same penalties and the same procedure and sale in case of delinquency
as provided for ordinary County taxes. All laws applicable to the
levy, collection and enforcement of County taxes shall be applicable
to such special assessment.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If a building is demolished or necessary work done by the City
pursuant to the provisions of this chapter, the value of any salvage
resulting from such demolition or other work may be applied to the
cost of such work as follows:
A.
If the City enters into a contract with a private contractor, the
City may provide in such contract that as a part of the consideration
for the services rendered, the contractor shall take title to such
salvage.
B.
If the contract does not so provide or if the City does the work
without such a contract, the City may take title to such salvage and
credit the reasonable value thereof on the costs incurred by the City.
In any hearing pursuant to this section to determine the reasonable
cost of doing the work, the Appeals Board also may determine the reasonable
value, if any, of such salvage.
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This section is permissive only and does not require that the
value of such salvage be applied to the cost of the work.
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(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A person shall not obstruct, impede or interfere with the Building
Official or any representative of the Building Official, or with any
person who owns or holds any interest or estate in a substandard building
which has been ordered by the Building Official or by the Property
Maintenance and Building Rehabilitation Appeals Board to be barricaded,
repaired, vacated and repaired or vacated and demolished or removed,
or in any substandard property whenever the Building Official or such
owner is engaged in barricading, repairing, vacating and repairing,
or demolishing any such substandard building or removing any substandard
conditions, pursuant to this chapter, or in the performance of any
necessary act preliminary to or incidental to such work, or authorized
or directed pursuant hereto.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
In case the owner shall fail, neglect or refuse to comply with
the directions in the notice of substandard building or substandard
property (if neither the owner nor any other person requests a hearing)
or with any order of the Property Maintenance and Building Rehabilitation
Appeals Board, the owner shall be guilty of a misdemeanor and the
Building Official may cause such owner of the building or property
to be prosecuted as a violator of this Code.
Each person shall be guilty of a separate offense for each and
every day, or part thereof, during which a violation of this chapter,
or of any law or regulation referenced on this chapter, is allowed,
committed, continued, maintained or permitted by such person, and
shall be punishable accordingly.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this chapter shall not in any manner limit
or restrict the City or the City Attorney from enforcing City Ordinances
or abating public nuisances in any other manner provided by law.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A.
Adoption by Reference of Section 22661 of Vehicle Code. All of the
provisions of this section relating to the abatement and removal,
as public nuisances, of abandoned, wrecked, dismantled or inoperative
vehicles or parts thereof from private property are enacted pursuant
to Vehicle Code Section 22661. All of the provisions of Section 22661
of the Vehicle Code are hereby adopted by reference as a part of this
section. In the case of any conflict between the provisions of this
section and the provisions of said Section 22661, the provisions of
said Section 22661 shall prevail.
B.
Notification of Department of Motor Vehicles. Within five days after
the City or any officer thereof removes, pursuant to this section,
any vehicle or a part thereof, the Building Official shall so notify
the Department of Motor Vehicles identifying the vehicle or part thereof.
C.
Notification of Highway Patrol. Not less than 10 days before the hearing provided for in Section 15.32.160.20 the Building Official shall notify the California Highway Patrol thereof identifying the vehicle or part to be removed.
D.
Not to Be Reconstructed. A person shall not reconstruct or make operable
any vehicle which has been removed by the City pursuant to this section.
E.
Exceptions. A vehicle or any part thereof shall not be removed pursuant
to this section if such vehicle or part is:
1.
Completely enclosed within a building in a lawful manner where it
is not visible from the street, highway or other public or private
property; or
2.
Stored or parked in a lawful manner on private property in connection
with the business of a licensed dismantler; licensed vehicle dealer
or junkyard. This exception does not authorize the maintenance of
a public or private nuisance.
F.
Registration of Vehicle. If any vehicle is removed pursuant to this
section, the Building Official shall forward to the Department of
Motor Vehicles any evidence of registration available, including registration
certificates, certificates of title and license plates.
G.
Proof of Nonresponsibility. The owner of any land upon which a vehicle
has been removed was located may appear in person at any hearing provided
for in this chapter or present a written statement in time for consideration
at such hearing and deny responsibility for the presence of the vehicle
on the land with reasons for such denial. If it is determined at the
hearing that the vehicle was placed on the land without the consent
of the land owner and that the land owner has not subsequently acquiesced
in its presence, then the City shall not assess costs of administration
or removal of the vehicle against the property upon which the vehicle
was located or otherwise attempt to collect such costs from such owner.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Notice to Secure Building or Structure. When any unoccupied
building or structure is not properly secured, locked or closed and
is accessible to juveniles, transients and unauthorized persons and
is a health and/or safety hazard to the adjacent community, and the
Building Official so finds, the Building Official shall serve the
record owner and (if not the owner) the person having control of such
building or structure with a notice to secure or close the same forthwith
so as to prevent unauthorized persons from gaining access thereto.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The notice provided for in Section 15.32.170 shall inform the record owner and (if not the owner) the persons having control of such building or structure that:
A.
They
must forthwith secure or close such building or structure so as to
prevent unauthorized persons from gaining access thereto.
The written notice shall contain language informing the concerned parties of their right of a hearing before the Property Maintenance and Building Rehabilitation Appeals Board per Section 15.32.170.2(B) whenever the Building Official secures or intends to secure the building or structure by use of City personnel or contract agents.
Such written notice of the right of a hearing shall not be construed to preclude the Building Official from securing the building pursuant to the emergency procedures permitted by Section 15.32.170.13 of this Code.
B.
If, in their opinion, the building or structure is sufficiently secure and closed, or for any other reason they cannot be required to comply with Section 15.32.170.2(A), within 10 days after receipt of the notice, they may request a hearing by filing with, or mailing to, the Building Official a demand for such hearing. No such right shall exist when the City does not seek to secure or close the same to by City Personnel or contract agents.
C.
If
the required work is not performed within 10 days after service of
notice and if a timely demand for hearing is not made, the City may
perform the work at the expense of the said owner.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official may, but is not required to, send copies of any notice provided for in Section 15.32.170 to the holder of any mortgage, trust deed or other liens or encumbrance, the holder or owner of any lease, or the holder of any other estate or interest in or to the building or structure or the land upon which it is located.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
A copy of the notice shall be posted in a conspicuous place
on the building or structure that is the subject of the notice. Further,
the Building Official may cause to be posted on such building a sign
or signs to read: VACATED BUILDING, DO NOT ENTER OR DAMAGE BY ORDER
OF THE COMMUNITY DEVELOPMENT DEPARTMENT, BUILDING SAFETY DIVISION,
CITY OF NORWALK.
Such sign may contain additional information and warnings as,
in the opinion of the Building Official are expedient. Such notice
shall remain posted until the building again is lawfully occupied.
A person shall not remove such notice without the written permission
of the Building Official. A person, other than a person having the
right of occupancy, shall not enter the building.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Proper service of any notice required by this chapter shall
be by personal service or by first class mail upon the record owner
and (if not the owner) the person having control of such building
or structures.
In the event the Building Official is unable to serve any notice
on any person as specified above, proper service on such person shall
be by posting the notice in a conspicuous place on the building or
structure.
The failure of any owner or other person to receive a notice
shall not affect in any manner the validity of any proceedings under
this chapter.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Within 10 days after service upon the record owner of a notice pursuant to Section 15.32.170, the said record owner or any other person deeming himself or herself aggrieved may request a hearing.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Upon receiving a request for hearing, the Building Official shall set the matter for hearing before the Property Maintenance and Building Rehabilitation Appeals Board and shall serve notice not less than 10 days prior thereto upon the person requesting such hearing and upon every person upon whom the notice provided for in Section 15.32.170 was served.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Except as inconsistent with any other provisions of this chapter,
all procedures taken shall be, and the Board and the City shall proceed
and collect costs, as provided in this chapter in the case of substandard
and unsafe buildings.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
If a person is properly served a notice pursuant to Section 15.32.170 to secure or close a building so as to prevent unauthorized persons from gaining access thereto and neither that person nor any other persons request a hearing, or, after a hearing the Board determines that such person is obliged to so secure or close such building, if such building is not so secured or closed within 10 days after service of notice, if no hearing is requested, or within the time specified by the Board, the City may perform the work as provided in this chapter in the case of substandard or unsafe buildings.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The Building Official shall secure or close any building or structure subject to the provisions of Section 15.32.170.9 so as to limit unauthorized access thereto. The Building Official shall keep an accurate record of the cost of such work.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Nothing in this chapter shall be deemed to preclude, prohibit
or restrict the Building Official from securing the prompt demolition
or repair of buildings found to be substandard or unsafe under other
provisions of the Code.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
Whenever i the opinion of the Building Official the conditions described in Section 15.32.170 constitute such an immediate hazard that access to the building or structure must be limited or closed forthwith or within less than the designated period, or either the Sheriff, Public Safety Director, or Chief of the Fire Department so finds and so notifies the Building Official, he or she shall limit access to such building after giving such notice to the record owner or the person in charge, or both as the circumstances will permit or without any notice whatever when, in the opinion of the Building Official, Sheriff, Public Safety Director, or the Chief of the Fire Department, immediate action is necessary.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
The provisions of this chapter providing for hearings shall apply to any person having any right, title or interest in any building secured pursuant to Section 15.32.170.12. Such person may request a hearing as to the necessity and reasonable cost of the work performed pursuant to Section 15.32.170.12 within 10 days after the building is secured or within 10 days after receiving notice of such work.
(Ord. 10-1633 § 1; Ord. 21-1722 § 2)
