The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is hereby adopted as Chapter
15.16 of Title
15 of this code, with amendments and additions as set forth in this chapter.
(Ord. 991 § 2, 2002)
Section 203 of the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, is amended to read as follows:
203. VIOLATIONS AND PENALTIES. It shall be unlawful
for any person, corporation or any other legal entity to erect construct,
enlarge, alter, repair, move, improve, remove, relocate, convert or
demolish, equip, use, occupy or maintain any building or structure
or cause or permit the same to be done in violation of this code.
A violation of any provision of this code, or of any permit,
approved plans and specifications, or any amendment thereto, is a
misdemeanor and is punishable by a fine of not to exceed $1000 or
by imprisonment not to exceed six months, or by both such fine and
imprisonment. Each separate day or any portion thereof, during which
any violation of the code occurs or continues, constitutes a new and
additional separate offense.
The issuance or granting of a permit or approval of plans and
specifications shall not be deemed or construed to be permit for,
or an approval of any violation of any of the provisions of this Code.
No permit presuming to give authority to violate or cancel the provisions
of this Code shall be valid, except insofar as the work or use which
it authorizes is lawful.
(Ord. 991 § 2, 2002)
Section 205 of the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, is amended by adding the following:
205.3. Application, Fees and Findings. Any person
appealing the decision of the Building Official shall file with the
Building Official a written application accompanied by a filing fee
in accordance with the fee schedule adopted by City Council resolution
at any time not more than 20 days after the decision of the Building
Official. The application shall set forth and include any information
as the Building Official may require.
Upon the filing of a verified application, the Building Official
shall transmit said application forthwith to the Board of Appeals
and such Board shall investigate, examine, review, hear testimony,
from and on behalf of the applicant and shall render its findings
and decisions on the matter in writing to the applicant with a duplicate
copy to the Building Official within 20 days after the conclusion
of its proceedings, the Building Official shall make all findings
and decisions freely accessible to the public.
(Ord. 991 § 2, 2002)
Section 405 of the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, is added to read as follows:
405. In addition to the procedures provided for
Abatement of Nuisances as set forth in Section 401 of this Code, the
Building Official is hereby given summary power to secure from entry
any structure which in his/her discretion he/she determined to be
immediately dangerous, or immediately hazardous or in other manner
injurious to public health or safety. Such structures may be secured
by the Building Official by nailing of boards over the doors and windows
of such structure: however, he/she shall not be limited to only this
method and may use other methods at his/her discretion to accomplish
the same purpose which may be more appropriate under the circumstances.
The Building Official shall also post a sign stating in effect "DANGEROUS
BUILDING, DO NOT ENTER" upon the structure in at least one conspicuous
place. The Building Official shall immediately upon such action send
notice to the owners of the real property upon which the structure
is located, as shown on the last equalized assessment rolls. Such
notice shall contain the following information:
1. That
he/she has secured the structure.
2. The
cost incurred by the City thereby.
3. That
he/she has posted signs as provided by this section.
4. The
reason why he/she has taken the action.
5. That
an appeal may be made within 10 days to the Board of Appeals in this
section.
6. That
if his/her action is not annulled by the Board of Appeals, the cost
of securing the property shall become a lien upon the real property,
unless the cost is paid to the city within 30 days of the mailing
of the notice. If any owner of property, or any person having any
interest in property affected by the action of the Building Official
in securing a structure as permitted by this section is aggrieved
by the action of the Building Official in securing the structure,
such person or persons may appeal the action of the Building Official
by filing a written notice of appeal with the City Clerk within 10
days after the mailing of notice of the action by the Building Official.
The notice of appeal must be verified under oath or under penalty
of perjury and must state the grounds upon which the action of the
Building Official is appealed. The Board of Appeals shall, upon receiving
such notice of appeal, hear any evidence or other relevant matters
presented by the appellant or the Building Official as its next regular
meeting or special meeting after the filing of the notice of appeal.
After hearing all evidence and other relevant matters presented at
said hearing or without hearing if no appeal is made upon the report
of the Building Official, the Board of Appeals may then confirm, amend,
or annul the action of the Building Official. If the action of the
Building Official is annulled, the City at its own expense shall remove
any and all instruments used to secure said structure, and shall remove
any and all signs stating the building is unsafe to enter. If however,
the Board of Appeals confirms the action of the Building Official
in securing the structure at the hearing on appeal, or if no appeal
is taken at any other regular meeting, or adjourned meeting, then
the cost incurred by the City in securing the structure shall become
a lien against the property, and a resolution of the City Council
confirming the action of the Building Official, including the imposition
of a lien upon the property upon which the structure is located to
pay for the cost of securing it, may be adopted upon receipt of a
report from the Building Official.
Such resolution may be filed with the Los Angeles County Tax
Assessor, and the lien imposed thereby may be collected for the City
by him, along with the next annual tax levy and assessment on said
property.
(Ord. 991 § 2, 2002)
Section 406 of the Uniform Code of the Abatement of Dangerous
Buildings, 1997 Edition, is added to read as follows:
406. Summary Abatement of Nuisances. The same procedure,
as provided for in Section 405 of this Code for abating nuisances
through securing from entry any structure which is determined by the
Building Official to be immediately dangerous or immediately hazardous
may also be used by the Building Official in connection with the summary
abatement of all other nuisances upon private property which the Building
Official determines, at his or her discretion, as constituting an
immediately dangerous or hazardous condition. The Building Official
may then summarily abate such nuisance, at his/her discretion, in
the most appropriate manner, under the circumstances, which may include,
but not be limited to the following methods: Fencing, draining water
from swimming pools and filling with appropriate ballast, removing
fire hazards, filling or covering open holes and grading or strengthening
land fills or excavations. Although the manner and methods used by
the Building Official shall be at his/her discretion, he/she shall,
in making his/her determinations, seek the most economical method
and endeavor not to place an undue economical hardship upon the owner
of the property, and only use those measures which will eliminate
the dangerous and hazardous features, Notice of his/her actions shall
be sent to the record owner of the property affected, as shown on
the last equalized assessment rolls, and procedure for appeals, hearings
establishing of liens, collecting of the lien by the assessor, and
other actions by the Appeals Board shall be the same as that provided
in Section 405 of the Code.
(Ord. 991 § 2, 2002)