The City Council hereby finds that the continued presence in
an area or neighborhood of a partially destroyed building causes a
blight on that neighborhood, adversely affects neighboring property
values, invites vandalism, and may result in injury to persons and
property. The City Council further finds that the continued presence
of partially destroyed buildings is an unsightly and blighting physical
object contrary to the general welfare and character of the community.
The City Council further finds that the health, safety and welfare
of the City requires the removal, repair, or reconstruction of partially
destroyed buildings by the property owner or removal of said buildings
by the City at the expense of the property owner after the property
owner has been given the opportunity, but fails to carry out his or
her duty to abate the condition.
(Ord. 4032, 1979)
For the purposes of this chapter, words, phrases and terms not
specifically defined in the municipal code shall have the meanings
stated in the most recent versions of the California Building Code,
as adopted and amended by the City, or Uniform Housing Code that has
been adopted by the City.
(Ord. 4032, 1979; Ord. 5451, 2008)
A partially destroyed building shall be any building or structure
or part thereof which has received damage by fire, earthquake, flood,
wind or by any similar cause except normal usage and which has not
been repaired and which will require reconstruction or repair in order
to restore the building or structure to its prior use and normal exterior
appearance.
(Ord. 4032, 1979)
The Building Official of the City shall give written notice
by either personal service or by mail to the property owner of record
of a partially destroyed building. Said notice shall include a copy
of this chapter of the Code and a statement that the Building Official
has determined that the building is a partially destroyed building
with a brief and concise description of the conditions which make
said building violative of this chapter. Said statement shall also
specify a time within which the partially destroyed building shall
be repaired, reconstructed or removed by the property owner.
(Ord. 4032, 1979)
Within 45 days after receipt of written notice from the Building Official as provided for in Section 22.08.030, the property owner shall either remove the partially destroyed building or begin actual repair or reconstruction of such partially destroyed building. The Building Official, upon a showing of good cause and that the removal, repair or reconstruction is delayed due to causes beyond the control of the property owner, may extend the period of time for commencement and/or completion of the work.
(Ord. 4032, 1979)
In the event the property owner has not begun the repair and reconstruction or removal of the structure within the time limits set forth in Section 22.08.040, the Building Official shall cause to be filed for record with the County Recorder, a Notice of Intention to Record a Notice of Order to Abate describing the real property, naming the property owner thereof, describing the violation and giving notice of the City Council hearing. The Building Official shall give written notice by personal delivery or mail to the property owner that the City intends to carry out the removal of the structure and have the cost of said removal be made a charge against the property owner and lien against the property, unless the building is removed, repaired and/or reconstructed so as to eliminate the condition that is violative of this chapter. The Building Official shall also advise the property owner that he or she has a right to attend and present evidence at a scheduled hearing before the City Council of the City of Santa Barbara for the purpose of final determination that the building is a partially destroyed building as defined under this chapter, that the blighting condition should be eliminated and that the building should be removed by the City if the violation of this chapter is not eliminated by other parties. Said hearing shall begin no later than 30 days after the date of the personal delivery or mailing of the notice and may be continued by the City Council.
(Ord. 4032, 1979)
Upon completion of the hearing, the City Council shall find
as to the fact that the building is a partially destroyed building
and upon such fact being found shall determine that the building shall
be removed, repaired, and/or reconstructed by the property owner within
a prescribed time or the City shall cause the building to be removed.
Said determination shall be made based upon the evidence presented
and a report from the Building Official regarding the existing condition
of the building, the estimated costs of repair, reconstruction and
removal and the desirability of abating the blighted condition. If
the City Council makes such a determination, written findings and
an order shall be approved. After said hearing, the City Clerk shall
cause to be filed for record a Notice of Order to Abate with the County
Recorder and shall give all parties who have a recorded interest in
the property notice of such recordation by mail.
(Ord. 4032, 1979)
If the property owner makes an application to the City Council
for financial assistance for the repair and/or reconstruction of the
partially destroyed building prior to the conclusion of the hearing
conducted under 22.08.050 and during the course of that hearing it
is determined by the City Council that said partially destroyed building
included a legal dwelling as defined by City zoning ordinance; and,
if the City Council finds during said hearing that the property owner
of said partially destroyed building desires to repair and/or reconstruct
the building; and, if the property owner is unable, after making reasonable
efforts, to obtain the necessary financing for said repair and/or
reconstruction and does not have his or her own financial resources
to complete same; and, if the City Council determines that it would
be both appropriate and desirable to repair and/or restore said dwelling,
then under such conditions the City Council may:
A.
Determine
that a financial hardship exists;
B.
Determine
that the restoration of the dwelling is consistent with the City's
housing plans, programs, and priorities thereof;
C.
Authorize
the appropriate City department, advisory committee, commission, or
authority to process an appropriate application for financial assistance
from any source of funds then available to the City or to any resident
of the City, for the purpose of repair and/or reconstruction of said
dwelling;
(Ord. 4032, 1979)
The Public Works Director shall, after completion of the hearing
and approval of the findings by the City Council that the building
is a partially destroyed building, and after the failure of property
owner to remove, repair or reconstruct the partially destroyed building
within the prescribed time as set forth in the order, obtain the necessary
services by contract or by using City forces to carry out the removal
of the partially destroyed building as directed by City Council. A
record shall be kept of all costs incurred by the City including time
spent for the preparation of plans and the supervision of the work
to carry out the removal of the building as a partially destroyed
building. Upon completion of said efforts, the Public Works Director
shall file a report with the City Council as to the costs incurred.
The property owner shall be provided a copy of said report, notice
of a hearing before the City Council, and an opportunity to appear
before the City Council to be heard regarding the reasonableness of
the costs incurred by the City.
(Ord. 4032, 1979)
Upon completion of the hearing before the City Council as to
the reasonableness of the costs, the City Council shall determine
the reasonable costs incurred by the City to remove the partially
destroyed building and the property owner shall be advised of said
amount which shall be due and payable to the City. Upon request of
the property owner, the City may agree to a mutually acceptable payment
schedule.
(Ord. 4032, 1979)
In the event the amount determined to be due and payable to
the City is not paid within 30 days after the determination by the
City Council or as otherwise agreed, said amount shall become a charge
against the property involved. The City Administrator shall thereafter
cause the amount of said charge to be recorded on the assessment roll
as an assessment against the property and thereafter said assessment
shall constitute a special assessment and lien against and upon the
property. Any portion of said assessment remaining unpaid after the
due date for payment thereof shall be subject to the penalties and
proceedings then in effect for property taxes due within the City
of Santa Barbara.
(Ord. 4032, 1979)
The City shall be entitled to interest at the rate applicable for unpaid taxes on all costs incurred by the City as determined pursuant to Section 22.08.090.
(Ord. 4032, 1979)
