This chapter shall be known as the "Vacant and Abandoned Property Maintenance, Security, Registration, and Monitoring Requirements Ordinance" and may be so cited.
(Added Ord. 25-1527, 5/27/2025)
It is the purpose and intent of the Downey City Council, through the adoption of this chapter, to establish standards and requirements for the maintenance and security of all properties and structures within the City that are vacant, as well as to establish a registration program for vacant properties that are either abandoned or otherwise have adverse impacts upon the community, as a mechanism to protect the health, safety, and general welfare. The requirements of this Chapter shall be supplementary, complementary, and cumulative to any other standards, obligations, and/or requirements set forth in any other provision of this Code (including, but not limited to, Article V, Chapter 9 ("Public Nuisances") and other laws applicable to the maintenance of real property. When there is any conflict between the provisions of this chapter and any other provision of the Code, the more restrictive requirement will prevail.
(Added Ord. 25-1527, 5/27/2025)
For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section:
shall mean real property that is vacant and meets any of the following conditions:
Is under a current notice of default;
Is under a current notice of trustee's sale;
Is pending a tax assessor's lien sale;
Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or
Has been transferred under a deed in lieu of foreclosure.
shall mean any property that is accessible through a gate, fence, wall, or other barrier that is broken, unlocked, unsecured, or otherwise missing or lacking.
shall mean a building or structure (as defined by the Building Code) that is unsecured in any manner that could allow access to the interior of the building or structure by unauthorized persons.
shall mean any agreement or written instrument which provides that title to real property shall be transferred or conveyed from one owner to another in any manner (whether by sale, gift, exchange, transfer, partition, assignation, placement in a trust, or any other method).
shall mean an instrument that transfers the beneficial interest under a deed of trust from one lender or entity to another.
shall mean the interest held in a deed of trust by a beneficiary.
shall mean a lender or holder of a note secured by a deed of trust.
shall mean and refer to the coverings of all entry points into a building or structure, including all doors, windows, crawl spaces, and roof openings, for the purpose of preventing entry into the building by any person except the owner or an authorized agent of the owner with materials as specified in this chapter.
shall mean the City of Downey.
shall mean a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
shall mean an instrument by which an interest in title to real estate is transferred to a third party trustee as security for a real estate loan (and often used in California instead of a mortgage). This definition applies to any and all subsequent deeds of trust (e.g., second deed of trust, third deed of trust).
shall mean the failure to fulfill a contractual obligation, monetary or conditional.
shall mean a property that meets any of the following conditions: (1) is under a current notice of default; (2) is under a current notice of trustee's sale; (3) is pending a tax assessor's lien sale; (4) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (5) has been transferred under a deed in lieu of foreclosure.
shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions shall include, but shall not be limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers, and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or other debris; the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items and/or commercial furnishings consistent with the permitted residential or commercial uses permitted within the zone of the real property; and statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
shall mean the process by which real property is sold at auction to satisfy a debt.
shall mean within 15 driving miles distance of the subject property.
shall mean a business or consultant that has a physical address located within the City from which the business or consultant performs business on a day-to-day basis, and holds a valid business license in the City.
shall mean a recorded notice that a default has occurred under deed of trust and that the beneficiary intends to proceed with a trustee's sale and/or other foreclosure proceeding.
shall mean a recorded notice that follows a Notice of Default to announce the date, time, and place that a sale of real property may occur as a result of a default under a Deed of Trust. This Notice remains current so long as an instrument evidencing its cancellation, withdrawal, or rescission has not been recorded.
shall mean not within 15 driving miles distance of the subject property.
shall mean any person having legal or equitable title or any interest in any real property.
shall mean the person having title to the property at any given point in time as recorded with the Los Angeles County Recorder's office.
shall mean and include any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization, 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.
shall mean property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle.
shall mean any improved or unimproved real property owned by any person and/or any building, structure, or other improvement thereon, or any portions thereof.
shall mean the complete abatement of all substandard building and property conditions, and the restoration of the building or structure to a condition suitable for occupancy. A building or structure shall not be deemed rehabilitated if still vacant or until there is a lawful occupant therein utilizing the building or structure as approved.
shall mean any person that has title to or control over real property. "Responsible party" includes, but is not limited to, owners, owners of record, beneficiaries, lien holders, trustees, servicing companies, real estate agents, and property management companies, as well as any person acting on behalf of another responsible party.
shall mean and include such measures as may be directed by the Community Development Director (or designee thereof) that assist in rendering real property inaccessible to unauthorized persons, including, but not limited to, the repair of fences, walls, and other barriers, chaining or pad locking of gates, and/or the repair or boarding of doors, windows, and/or other openings. The boarding of any window, door, or other opening shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required and shall be consistent with the requirements of this chapter.
shall mean a minimum of 1/4-inch thick clear shatter-proof polycarbonate material with strength capable of sustaining impact without breaking or shattering, absent excessive force.
shall mean any residential or commercial building where fewer than 25% of the units are occupied.
shall mean the person holding a deed of trust on real property.
shall mean a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
shall mean any of the following:
shall mean the category assigned to a vacant property by the Community Development Department at the time a vacant property is registered in accordance with this chapter, and shall include the following categories that shall be further defined as follows:
"Stable property," which shall mean a vacant property that exhibits some or all of the following characteristics:
The real property is maintained in accordance with Section 8615(b) of this chapter and other applicable requirements of this Code, and does not exhibit evidence of vacancy;
Every building and structure at the property is maintained with Section 8615(b) of this chapter and other applicable requirements of this Code, and in a manner that would readily allow for safe occupancy for its approved use, and does not otherwise exhibit evidence of vacancy;
There is no evidence of intrusion by unauthorized persons; and/or
The owner or owner's agent is responsive to City requests, and regularly monitors the property on a proactive basis.
"At-risk property," which shall mean a vacant property that exhibits some or all of the following characteristics:
The real property is maintained substantially in compliance with Section 8615(b) of this chapter and other applicable requirements of this Code, or otherwise has minimal evidence of vacancy;
Every building and structure at the property is maintained in compliance with Section 8615(b) of this chapter and other applicable requirements of this Code; however, minimal or minor repairs may be necessary before the building could be safely occupied for its intended use;
There are no cracked or broken windows on, nor unsecured openings into, any building or structure at the property, and there is no evidence of intrusion by unauthorized persons; and/or
The owner or owner's agent is responsive to City requests, but does not regularly monitor the property on a proactive basis.
"Hazardous property," which shall mean a vacant property that exhibits some or all of the following characteristics:
The property is abandoned (as defined in this chapter);
The real property is not being maintained in accordance with Section 8615(b) of this chapter or other applicable requirements of this Code, or otherwise demonstrates significant evidence of vacancy;
Any building or structure at the property is not being maintained in accordance with Section 8615(b) of this chapter or other applicable requirements of this Code, or where significant repairs would be necessary to allow for safe occupancy of the building or structure for its intended use;
Any building or structure at the property is subject to an Order to Vacate issued by the City of Downey or any other governmental agency;
Any building or structure at the property has broken or cracked windows or other unsecured openings into the structure; any building or structure has been boarded; or there is otherwise evidence of intrusion by unauthorized persons; and/or
The owner or owner's agent is unknown or unresponsive, and there appears to be no monitoring of the property.
(Added Ord. 25-1527, 5/27/2025)
(a)
Every responsible party for any real property, building, or structure that is vacant shall maintain said property, building, and/or structure, or portion thereof, in a neat, clean, healthful, and sanitary condition, and shall otherwise adhere to all of the provisions of this chapter.
(b)
All Vacant Properties and Structures. No responsible party for any vacant real property, building, or structure, or portion thereof, shall cause, permit, allow, or suffer any of the following conditions at any time:
(2)
Any entryway into a vacant building or structure (including, but not limited to, any window, door, vent, crawl space, or other opening of such a size that it may allow a child to access the interior of the building or structure) that is unsecured;
(i)
The boarding of any window, door, vent, crawl space, or other opening that is not in compliance with the Section 8620(b) of this chapter, or other applicable provision of this Code;
(3)
Accumulations on exterior portions of the real property of lumber; junk; trash; debris; construction material; household furniture; appliances; cardboard boxes or other containers; clothing; shopping carts; equipment; combustible, flammable, or other hazardous material; or discarded, unused, or abandoned personal property;
(4)
Accumulations of newspapers, circulars, flyers, notices, or other printed material that would lead a reasonable person to believe that the property is vacant, except for any such material that is required by Federal, State, or local law;
(5)
Any building or structure with graffiti, tagging, or other unauthorized markings, or graffiti, tagging, or other unauthorized markings that have not been completely removed or painted over with a color matching the exterior of the remaining portion of the building or structure;
(6)
Parking or storage on exterior portions of the real property of any wrecked, dismantled, or inoperative vehicle, or any vehicle that does not have a current and valid registration with the Department of Motor Vehicles (including any vehicle that is registered as planned non-operational ("PNO");
(7)
Vegetation that is overgrown, dead, decaying, or otherwise that is not adequately trimmed, pruned, cut, fertilized, watered, or replaced as necessary;
(8)
Lack of any vegetation that is required by this Code, or as to otherwise create or promote dust or soil erosion;
(9)
Pest or rodent infestation; and/or
(10)
Swimming pools, spas, fountains, or other bodies of water that are not maintained in such a manner as to be free and clear of pollutants or debris, or that are maintained in such a manner as to be likely to harbor mosquitoes, insects, or vector, including, but not limited to, water that is clouded or green, water containing bacterial growth, algae, insect larvae, insect remains, or animal remains; or swimming pools that are not covered, secured, and/or maintained in such a manner that water cannot collect or accumulate therein or on top of a cover thereon.
(c)
Properties or Structures Vacant for 30 Consecutive Calendar Days. In addition to the requirements and obligations of Sections 8615(a) and 8615(b) of this chapter, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for more than 30 consecutive calendar days shall also adhere to the following:
(1)
Submit a fully executed "Letter of Agency" to the Downey Police Department on a Police Department approved form to authorize the Downey Police Department to enter the property, request unauthorized persons to leave the property on behalf of the property owner, and/or to arrest all unauthorized persons from the property; and thereafter, submit a new Letter of Agency to the Downey Police Department upon expiration of the former Letter of Agency;
(2)
Install "No Trespassing" signs at locations on the property as determined by the Downey Police Department; and
(3)
Provide the Downey Police Department and Code Enforcement Division with the name, telephone number, and e-mail address for a person who will be responsible for the maintenance and security of the vacant property;
(4)
Drain all water from any swimming pool, jacuzzi, spa, or fountain, and comply with the following:
(d)
Properties or Structures Vacant for 60 Consecutive Calendar Days. In addition to the requirements of Sections 8615(a), 8615(b), and 8615(c) of this chapter, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for at least 60 consecutive calendar days shall also adhere to the following:
(1)
In accordance with Section 8635 of this chapter, register the property, on a form provided by the City, and tender all corresponding vacant property registration and monitoring fees, in an amount set by Council resolution and based upon the Vacant Property Registration Category assigned by the Department of Community Development;
(2)
Submit a Vacant Property Mitigation Plan to the Community Development Department, which demonstrates how the property will be regularly inspected, secured, and maintained in a manner that protects the health, safety, general welfare, and aesthetic standards of the community, as well as which demonstrates goals and plans for demolishing any vacant structure or for the re-occupancy of the vacant property, buildings, and/or structures;
(3)
Conduct or cause to be conducted sufficient and adequate inspections of any vacant property, building, or structure, or portion thereof, to monitor and immediately abate any condition that does not adhere to the provisions of this chapter and this Code;
(i)
Such inspections shall be conducted, at a minimum, once each calendar week, and the results of the inspections shall be documented and submitted in writing to the Community Development Director or designee thereof within 48 hours of each inspection;
(4)
For any vacant property categorized as a Hazardous Property, remove all furniture and personal property from the interior of any real property, building, or structure, or portion thereof, that is vacant;
(5)
For any vacant property categorized as a Hazardous Property, remove all curtains, blinds, and window coverings from all windows located on the ground level of any vacant building or structure to allow a clear view to the interior of the vacant building or structure, or portion thereof.
(e)
Properties or Structures Vacant for 90 Consecutive Days. In addition to the requirements of Sections 8615(a), 8615(b), 8615(c), and 8615(d) of this chapter, responsible parties of any real property, building, or structure, or portion thereof, that has been vacant for at least 90 calendar days shall also adhere to the following:
(1)
For any vacant property categorized as a Hazardous Property, install motion-activated security lighting to adequately illuminate all entrances and exits to the vacant property and any vacant buildings or structures, and maintain said lighting in operable condition from dusk to dawn;
(2)
For any vacant property categorized as a Hazardous Property, install motion-activated video surveillance cameras that cover all entrances and exits to the vacant property and any vacant buildings or structures and that provide two-way communication and mobile live-view video, and maintain said surveillance cameras in operable condition. Property owner shall provide surveillance footage within two calendar days upon request from the Community Development Director and/or Chief of Police;
(3)
For any vacant property categorized as a Hazardous Property and where the property owner does not reside within 15 miles of the property, retain the services of a local property management company, in accordance with Section 8630 of this chapter, that shall be responsible for the maintenance, security, and registration of the property.
(f)
Rehabilitation of Structures Vacant for More Than 365 Consecutive Calendar Days. The maintenance and security requirements set forth in this chapter are designed to temporarily alleviate the public nuisance conditions and activities that typically result from vacant, unoccupied, and/or abandoned properties and structures. Irrespective of these requirements, structures that are vacant for extended periods of time attract littering; dumping; graffiti; unauthorized entries by persons experiencing homelessness, minors, and criminals; and other nuisance conditions, and are also extremely vulnerable to being stripped of electrical and copper plumbing, and of being set on fire. Accordingly, structures that are vacant for more than 365 consecutive calendar days, other than those categorized as a Stable Property by the City, are hereby deemed a public nuisance subject to summary abatement.
(1)
Responsible parties of any building or structure that has been vacant for more than 365 consecutive calendar days, other than those on a vacant property that has been categorized as a Stable Property, shall either demolish or rehabilitate the vacant building or structure for occupancy (with all required City approvals, permits, and inspections) as follows:
(i)
Within 15 calendar days of a Notice to Rehabilitate from the City, responsible parties shall submit a "Letter of Intent" which confirms whether the building or structure will be demolished or rehabilitated in accordance with this section;
(ii)
Within 30 calendar days of a Notice to Rehabilitate from the City, responsible parties shall submit all required applications, plans, supporting documents, and fees to the City's Community Development Department either to obtain a demolition permit or to obtain all required building, plumbing, electrical, and mechanical permits for the rehabilitation of the vacant building or structure for its approved occupancy;
(iii)
Within 60 calendar days of permit issuance (and no later than 90 calendar days of a Notice to Rehabilitate from the City unless an extension is granted by the City in writing), if demolition is the confirmed method set forth in the Letter of Intent, complete the demolition, lawfully remove and dispose of all debris resulting therefrom, and schedule, undergo, and pass a final City inspection;
(iv)
Within 90 calendar days of permit issuance (and no later than 120 calendar days of a Notice to Rehabilitate from the City unless an extension is granted by the City in writing), if rehabilitation is the confirmed method set forth in the Letter of Intent, complete all required rehabilitation work in accordance with City-approved plans and City-issued permits, and schedule, undergo, and pass a final City inspection.
(Added Ord. 25-1527, 5/27/2025)
(a)
Every responsible party of any real property, building, or structure that is vacant shall maintain said property, building, and/or structure, or portion thereof, closed, locked, and secured in such a manner that prevents unauthorized access and/or entry.
(b)
Boarding of Openings to Vacant Buildings and Structures. No door, window, vent, crawl space, and other opening to any vacant building or structure shall be boarded without prior written approval of the Director of Community Development (or designee thereof), and when such approval has been granted, the boarding of any door, window, vent, crawl space, and other opening shall be completed in accordance with the standards identified in this chapter.
(1)
Boarding of Openings to Structures Vacant for 30 Consecutive Calendar Days. All doors, windows, vents, crawl spaces, and other opening to buildings and structures that have been vacant for 30 consecutive calendar days and have been categorized as an At-Risk Property or Hazardous Property, shall be boarded in adherence to the standards set forth in this section. Only exterior grade screws and round-head plated carriage bolts shall be used in the boarding of any door, window, or other opening of a vacant building or structure. Nails shall not be used.
(i)
Sheeting Material. Unless specified herein or otherwise approved by the Director of Community Development, responsible parties shall board and secure all doors, windows, vents, crawl spaces, and other openings to vacant buildings and structures with approved sheeting material, and shall install such material in a manner intended to provide an appearance approximating glass in the window casings, and consistent in appearance with the surrounding surface in the case of all other openings that require securing.
(ii)
Plywood or Similar Material. No responsible party shall secure any door, window, vent, crawl space, or other opening into a vacant building or structure with plywood, except as set forth in this chapter.
(A)
Plywood may be used temporarily on openings to repair damage or vandalism, or to prevent unauthorized entry into a vacant building or structure.
(B)
Plywood on openings visible from the public vantage may not be installed or used for a period exceeding 60 calendar days.
(C)
Plywood on openings visible from the public vantage shall be painted in a color consistent with the color of the abutting exterior covering of the vacant building or structure.
(D)
Plywood shall be of un-sanded CDX grade, and shall have a minimum thickness of 3/4 inch for window openings, 3/4 inch for door openings, and 3/4 inch for sliding door and French door openings.
(E)
Plywood used to secure any door, window, vent, crawl space, or other opening into a vacant building or structure shall be installed in accordance with current United States Department of Housing and Urban Development (HUD) and Federal Housing Authority (FHA) securing standards, or as otherwise required by the Director of Community Development.
(iii)
Exterior Access Door. Responsible parties may maintain access to the interior of any vacant building or structure by means of one exterior access door by securing said access door by using:
(A)
A solid core wood or steel door with no windows or other openings in the door; or
(B)
Hinged sheeting material attached to the door entry with three case hardened strap hinges of the type specified by the Building Official, and at least two case hardened hasps and minimum two-inch case hardened padlock of a type approved by the Building Official.
(c)
Security Patrol Services Required. In addition to all other requirements of this chapter, responsible parties of any real property, building, or structure (or portion thereof) that has been vacant for at least 180 consecutive calendar days and that is on a property that has been categorized as an At-Risk or Hazardous Property shall provide security personnel (fully licensed, registered, and bonded as required by State and local law) as follows:
(1)
Security patrol services that drive by and inspect the real property for unlawful activity (including unauthorized entry) at least once every 12 hours if there have been less than three instances of unauthorized entry, or other violations of this chapter in the preceding 30-day period;
(2)
On-site security patrol services during the hours of 7:00 p.m. and 7:00 a.m. if there have been three or more instances of unauthorized entry, and/or other violations of this chapter in the preceding 30-day period; or
(3)
On-site security patrol services 24 hours per day, seven days per week if there have been at least five instances of, unauthorized entry, or other violations of this chapter in the preceding 30-day period;
(4)
All security patrol service measures may be required prior to 180 consecutive calendar days at the discretion of the Community Development Director (or designee thereof).
(d)
Additional Security Measures Required by Community Development. Vacant properties shall be secured against unauthorized entry as set forth in this section. The Community Development Director may impose additional security requirements, such as fencing, cameras, increasing security staffing, lighting, etc. The Community Development Director may impose additional standards to the security measures mentioned in Sections 8620(a), 8620(b), and 8620(c).
(e)
Police and Community Development Collaboration. Deviations to security measures established in this Code may be authorized at the discretion of the Community Development Director and Chief of Police. A written request must be submitted indicating the deviation request with a justification.
(Added Ord. 25-1527, 5/27/2025)
(a)
Recordation of Transfer of Loan/Deed of Trust. Within 10 calendar days following the purchase or transfer of a loan or deed of trust secured by real property, the new beneficiary and trustee shall record with the Los Angeles County Recorder's office an assignment of rents or similar document that lists the name of the person purchasing or acquiring the loan or deed of trust and the mailing address and contact number of the new beneficiary and trustee responsible for receiving payment associated with the loan or deed of trust. This requirement shall not apply to the sale or transfer of a property when such sale or transfer does not include the sale or transfer of any loan or deed of trust associated with such property.
(b)
Inspections and Determination of Abandonment.
(1)
Any beneficiary and trustee who holds a deed of trust on real property located within the City of Downey shall, prior to recording a notice of default, perform an inspection of said real property. Notwithstanding the provisions of Section 8615 of this chapter, if the property is found to be abandoned or shows evidence of vacancy (as these terms are defined by this Chapter), the beneficiary and trustee shall register the real property with the City, in accordance with Section 8635 of this Chapter, within 10 calendar days of the inspection.
(2)
If the property is occupied at the time of the initial inspection but remains in default, it shall be inspected by the beneficiary and trustee every subsequent calendar month until: (i) the trustor or other party remedies the default; or (ii) the foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or trustee; or (iii) the real property is found to be vacant or shows signs of vacancy, at which time, notwithstanding the provisions of Section 8615 of this chapter, the beneficiary and trustee shall register the real property with the City, in accordance with Section 8635 of this chapter, within 10 calendar days of said inspection.
(3)
The beneficiary and trustee shall register with the City any real property which becomes vacant or shows evidence of vacancy after a foreclosure where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant or shows evidence of vacancy after being transferred under a deed in lieu of foreclosure/sale. Notwithstanding the provisions of Section 8615 of this chapter, registration shall be filed, in accordance with Section 8635 of this chapter, within 10 calendar days of the inspection demonstrating the vacancy or the evidence of vacancy.
(c)
Abandoned Property Maintenance Requirements.
(1)
Any party that is responsible for an abandoned property in the City shall retain the services of a local property management service provider in accordance with Section 8630 of this chapter.
(2)
Abandoned properties shall adhere to all maintenance requirements set forth in Sections 5902 and 8615 of this Code, as well as all other applicable requirements of this chapter. When there is any conflict between the provisions of this section and any other provision of the Code, the more restrictive requirement will prevail.
(d)
Abandoned Property Security Requirements. Abandoned properties shall adhere to all security requirements set forth in Section 8620 of this chapter, as well as all other applicable requirements of this chapter. When there is any conflict between the provisions of this section and any other provision of the Code, the more restrictive requirement will prevail.
(Added Ord. 25-1527, 5/27/2025)
Any party that is responsible for a vacant property in the City (including abandoned real property) that is required pursuant to this chapter to retain the services of a local property management service provider shall adhere to the following:
(a)
Responsible parties shall retain the services of a local property management service provider within 10 calendar days of the effective date of this obligation. Responsible parties shall advise the local property management service provider of the application of this chapter to the vacant property and the local service provider. The failure of the responsible party to advise the local service provider of any requirements or obligations pursuant to this chapter shall not relieve the local service provider of any requirements or obligations imposed by this chapter or other applicable law.
(b)
Local property management service providers retained to satisfy the requirements of this chapter shall be responsible for the maintenance, security, and registration of the vacant property, as well as any other requirements of this chapter. The retention of a local property management service provider shall not relieve other responsible parties of their obligations, duties, and/or responsibilities pursuant to this chapter or other applicable laws.
(c)
Responsible parties shall, within five calendar days of retention of a local property management service provider, provide in writing the name and telephone number of the local property management service provider to adjoining neighbors in case of emergency or other issues that arise in connection with the subject property.
(d)
Responsible parties shall cause the on-site inspection of the real property on a weekly basis and shall submit a written inspection report to the City Manager (or designee thereof) on or before the tenth day of each calendar month for which the real property remains vacant. The written report shall consist of, at a minimum: (1) the address of the real property being inspected; (2) the dates of inspection; (3) a description of any unlawful conditions observed; and (4) the actions taken or proposed to be taken by the responsible party to abate the unlawful conditions.
(e)
Responsible parties shall cause the abatement of any unlawful condition existing on the vacant property within 48 hours of observing or of being notified of the unlawful condition. Nothing in this chapter relieves any responsible party of the need to obtain approvals, permits, and/or licenses as otherwise required by the Downey Municipal Code or other applicable law.
(Added Ord. 25-1527, 5/27/2025)
Any person required to register a vacant property (including, but not limited to, an abandoned property) pursuant to this chapter shall submit a Vacant Property Registration form to the Director of Community Development (or designee thereof) in accordance with the provisions of this Section. A Vacant Property Registration form shall be accompanied by a vacant property registration and monitoring fee, as set by Council resolution, that corresponds to the Vacant Property Registration Category assigned to the property by the Director of Community Development (or designee thereof).
(a)
A Vacant Property Registration shall be on a form provided by the City, and shall contain, at a minimum, the following information:
(1)
General Vacant Property Registration Information.
(i)
The Los Angeles County Assessor Parcel Number and street address of the property being registered;
(ii)
The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the owner of the property;
(iii)
The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the any agent of the property owner responsible for the maintenance and security of the vacant property;
(iv)
The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the local property management service provider, if applicable;
(v)
The most recent legal use of the vacant property;
(vi)
Whether there are active utility services to the property (including electric, water, gas, and waste/recycling services);
(vii)
Whether there is fire and liability insurance coverage; and
(viii)
Any other information as the Director may require.
(2)
Abandoned Property Registration Information. In addition to the information required as set forth in Section 8635(a)(1), a Vacant Property Registration form for an abandoned property shall also contain the following information:
(i)
The name and street address (not a P.O. Box) and, if different, the mailing address, as well as a contact telephone number of the beneficiary and trustee;
(ii)
A direct contact name and telephone number for the person handling the deed of trust and/or foreclosure;
(iii)
A statement of intent which provides the following information:
(b)
City Inspection Required. Concurrently with the registration of any vacant property pursuant to the provisions of this chapter, a responsible party shall schedule a City inspection with the Community Development Department to be conducted within 15 calendar days of registration, and provide access to the vacant property (and any building or structure thereon) for the inspection.
(c)
Vacant Property Registration and Monitoring Fees.
(1)
Vacant property registration and monitoring fees corresponding to the Vacant Property Registration Category assigned by the City shall be paid on the following schedule:
(i)
Stable Property — Upon initial registration, and then annually thereafter — unless re-categorized as an At-Risk Property or Hazardous Property.
(ii)
At-Risk Property — Upon initial registration or re-categorization as an At-Risk Property, and then quarterly (every three months) thereafter — unless re-categorized as a Hazardous Property.
(iii)
Hazardous Property—Upon initial registration or re-categorization as a Hazardous Property, and then monthly thereafter.
(2)
The vacant property registration and monitoring fee for any vacant property designated as an At-Risk Property shall remain due quarterly/every three months, unless recategorized by the City as Stable Property for at least 12 months or as Hazardous Property.
(3)
The vacant property registration and monitoring fee for any vacant property designated as a Hazardous Property shall remain due monthly, unless recategorized by the City as a Stable Property or At-Risk Property for at least 12 months.
(d)
Change of Information.
(1)
Persons required to register vacant property pursuant to this chapter shall also report in writing to the Director of Community Development or designee thereof any change of information contained in the Vacant Property Registration form or any other submission pursuant to the provisions of this chapter, within 10 calendar days of the change.
(2)
When abandoned property subject to registration pursuant to this chapter becomes occupied or title is transferred to another responsible party, the beneficiary and trustee or prior responsible party shall notify, in writing, the Community Development Director (or designee thereof) within 10 calendar days of the property's occupancy or the transfer of title.
(e)
Continued Registration.
(1)
Persons required to register real property pursuant to the provisions of this Chapter shall keep such property registered and shall comply with all maintenance, security, and registration requirements of this Chapter and this Code for the entire time such property remains vacant or shows evidence of vacancy.
(2)
In such instance where title to any vacant real property (including, but not limited to, abandoned properties) has been transferred to another responsible party, the new responsible party shall complete and submit a new Vacant Property Registration form (as set forth in Section 8635 of this chapter), and tender the corresponding vacant property registration and monitoring fee (as set forth in Section 8635(c) of this chapter), within 10 calendar days of the transfer.
(Added Ord. 25-1527, 5/27/2025)
(a)
No person shall re-occupy or cause, permit, or suffer the re-occupancy of any real property (or building or structure thereon) that has been subject to registration pursuant to this chapter and which property has been categorized as an At-Risk Property or Hazardous Property without having first met the following conditions:
(1)
All charges, fees, and/or costs imposed pursuant to this chapter or other applicable provisions of this Code have been tendered in full to the City;
(2)
City officials have conducted an onsite inspection of the real property (including all structures located thereon) to confirm it is in compliance with applicable provisions of this Code; and
(3)
All substandard, hazardous, or otherwise unlawful conditions existing at the subject property have been corrected and abated with all requisite approvals, permits, and/or inspections.
(Added Ord. 25-1527, 5/27/2025)
(a)
Administration. The Director of Community Development shall have the authority to promulgate rules, regulations, policies, and procedures for the implementation, administration, and enforcement of this chapter.
(b)
Alternative Methods of Securing Vacant Building or Structure. Upon application by the owner of any vacant property, building, or structure, and a showing that the requirements for boarding and securing a vacant building or structure imposed pursuant to this chapter are impractical, the Director of Community Development (or designee thereof) may permit alternative methods of securing a vacant building or structure so as to achieve substantial compliance with this chapter. The approval of an alternative method of securing a building or structure does not relieve a responsible party of the obligation to otherwise secure any vacant property, building, or structure to prevent unauthorized entry, nor to comply with all other requirements of this chapter.
(1)
The proposed rehabilitation or demolition of a property, building, or structure does not constitute sufficient grounds for demonstrating the impracticability of boarding or securing unless the City has already approved plans and issued permits for the rehabilitation of the property, building, or structure, and the responsible party attests in writing that the rehabilitation or demolition is scheduled to commence within the subsequent 30 days.
(c)
Additional Requirements for the Boarding, Securing, and Maintenance of a Vacant Property, Building, or Structure. In addition to the specific maintenance and security requirements provided in this chapter, the Director of Community Development (or designee thereof) shall have the authority to require responsible parties for vacant properties to implement additional maintenance and security measures in order to effectuate the purposes of this chapter and to protect the health, safety, and welfare of the general public. Such measures may include, but are not limited to, installation of security lighting, fencing, disconnection of utilities, increasing the frequency of on-site inspections, employment of an on-site security guard, retention of a local property management service provider, and/or posting of additional signage at the subject property.
(1)
In making any decision to impose additional maintenance and/or security requirements, the Director of Community Development may rely upon reports from any City division or department that, in its current condition, the property constitutes a danger to the public health, safety, or general welfare, or that the property has become an attractive nuisance or public nuisance, and that the current maintenance and security requirements are insufficient to terminate the nuisance or other illegal activity.
(i)
Additional maintenance and security requirements may be considered for any vacant property that satisfies the criteria set forth in this section; however, additional maintenance and security requirements shall be considered for any vacant property where five or more instances of, unauthorized entry, or other violations of this chapter or other applicable law have occurred at the property within any 60-day period.
(d)
Appeal. In accordance with the requirements, procedures, and provisions of Chapter 4 of Article I of the Downey Municipal Code, any responsible party may request a hearing before the Community Development Director (or designee thereof) in order to challenge or appeal the imposition of any additional maintenance and/or security requirements pursuant to this section. Responsible parties shall not have any right to appeal the application of the maintenance or security requirements otherwise set forth in this chapter (including those set forth in Sections 8615 and 8620), Notwithstanding the provisions of Chapter 4 of Article I of the Downey Municipal Code, nothing contained within this chapter authorizes a hearing or appeal to the Planning Commission or the City Council, and the decision of the Community Development Director (or designee thereof) following a timely appeal shall be final and binding.
(Added Ord. 25-1527, 5/27/2025)
(a)
Notwithstanding any other provision of the Downey Municipal Code to the contrary, any person who causes, permits, or suffers a violation of any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor violation punishable in accordance with Chapter 2 of Article I of the Downey Municipal Code and is also subject to administrative citations in accordance with Chapter 4 of Article I of the Downey Municipal Code.
(b)
Any violation of this chapter is also hereby declared to be a public nuisance, and may be remedied by administrative or civil action, including, but not limited to, civil injunction or other abatement action.
(c)
This chapter does not exclusively regulate the use, maintenance, and security of real and/or personal property within the City, and the remedies provided in this chapter are cumulative and in addition to other remedies and penalties authorized by the Downey Municipal Code, or by the laws of the State of California or of the United States.
(Added Ord. 25-1527, 5/27/2025)
The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. It is the purpose of this chapter to promote the public health, safety and general welfare, to safeguard life, limb, and property by regulating grading on private property, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(a)
Control excavation, grading and earthwork construction, including fills and embankments;
(b)
Establish the administrative procedure for issuance of permits;
(c)
Provide for approval of plans and inspection of grading construction;
(d)
Protect human life and health;
(e)
Minimize expenditure of public money for costly flood control projects;
(f)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(g)
Minimize prolonged business interruptions;
(h)
Minimize damage to public facilities and utilities such as water and gas mains, electrical, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
(i)
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
(j)
Insure that potential buyers are notified that property is in an area of special flood hazard; and
(k)
Insure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
In order to accomplish its purposes, this chapter includes methods and provisions for:
(a)
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
(b)
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(c)
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(d)
Controlling filling, grading, dredging and other development which may increase flood damage; and
(e)
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
means a request for a review of the Building Official's and/or City Engineer's interpretation of any provision of this chapter or a request for a Flood Zone Exception.
means a designated AR (with base flood depth) Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flow is characterized by ponding or sheet flow.
means a special flood hazard area that results from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide a 100-year or greater level of flood protection.
is the extent of surface conditions on completion of grading.
means the flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood").
means the elevation for which there is a 1% chance in any given year that flood levels will equal or exceed it. The BFE is generally based on statistical analysis of stream flow records for the watershed and rainfall and runoff characteristics in the general region of the watershed, and application of hydraulic backwater models.
shall mean, for the purposes of this section, any area of a building having its floor subgrade (below ground level) on all sides.
is in-place solid rock.
is a relatively level step excavated into earth material on which fill is to be placed.
is earth material acquired from an off-site location for use in grading on a site.
shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind and having a roof supported by columns or walls and attached to the ground.
is a professional engineer registered in the State to practice in the field of civil works.
is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.
is the densification of a fill by mechanical means.
means an area of community that is:
A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has a basic urban infrastructure, including roads, utilities, communications and public facilities to sustain industrial and commercial activities; and
Within which 75% or more of the parcels, tracts or lots contain commercial, industrial or residential structures or uses; or
Is a single parcel, tract or lot in which 75% of the area contains existing commercial or industrial structures or uses; or
Is a subdivision developed at a density of at least two residential structures per acre within which 75% or more of the lots contain existing residential structures.
Undeveloped parcels, tracts or lots, the combination of which is less than 20 acres and contiguous on at least three sides to areas meeting the criteria of paragraph (1).
A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual "start of construction" of structures has occurred on at least:
Per the definition above, all of the land within the corporate limits of the City of Downey is a "developed area" for the following reasons:
The City of Downey is a fully urbanized, built-up contiguous area which has basic infrastructure, including roads, utilities, communications and public facilities to sustain industrial, residential and commercial activities; and
There are no undeveloped parcels, tracts or lots within the City that are 20 acres or greater in area. Nor are there undeveloped parcels, tracts or lots contiguous to each other that equal or exceed 20 acres in area.
means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.
is any rock, natural soil or fill and/or any combination thereof.
means the advancement or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
is a geologist experienced and knowledgeable in engineering geology.
is the application of geologic knowledge and principles in the investigation and evaluation of the naturally occurring rock and soil for use in the design of civil works.
is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.
is the mechanical removal of earth material.
is a deposit of earth material placed by artificial means.
means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of flood waters, (2) the unusual and rapid accumulation of runoff of surface waters from any source, and (3) the condition resulting from flood-related erosion.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.
means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to this community.
means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
means any land area susceptible to being inundated by water from any source. See flood.
The City Manager or his designee who shall act as the floodplain administrator. For purposes of implementing the requirements set forth in this chapter, certain duties and responsibilities have been assigned to the Building Official and City Engineer.
means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such Federal, state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."
See Soils engineer.
is the vertical location of the ground surface.
"Existing grade"
is the grade prior to grading.
"Rough grade"
is the stage at which the grade approximately conforms to the approved plan.
"Finish grade"
is the final grade of the site which conforms to the approved plan.
is any excavating or filling or combination thereof.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior, or;
Individually listed on a local inventory of historic preservation in communities with historic preservation programs that have been certified by the State.
is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure below the lowest floor, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
means the reasonable replacement value of the existing structure based on its latest equalized assessed improvement valuation. The property owner may submit a market analysis or market survey prepared by a State licensed real estate professional in cases where the assessed improvement valuation is exceptionally low.
means, for purposes of the National Food Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which flood elevations shown on a community's Flood Insurance Rate Map are referenced.
means, for floodplain management purposes, new freestanding structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the City of Downey.
means a flood which has a 1% annual probability of being equaled or exceeded in any given year. It is identical to the "base flood", which will be the term used throughout this chapter.
shall mean and include any person, firm, association, organization, partnership, business trust, company, or corporation and any municipal, political, or governmental corporation, district, body, or agency other than the City of Downey.
shall mean a camp car, truck pickup camper, truck-mounted camper, converted bus or van, motorhome, travel trailer, or tent trailer designed for human habitation for recreational or emergency occupancy, with a living area of less than 320 square feet, excluding built-in equipment, such as wardrobes, closets, cabinets, kitchen units, baths, toilet rooms, and driver's areas, which vehicle may be moved upon the public highway without a special permit or chauffeur's license. For the purposes of this section "recreational vehicle" shall not include boats, boat trailers, dune buggies, and off-road vehicles.
means to bring a structure or other development into compliance with the City of Downey Floodplain Management Regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring similar violations in the future, or reducing State or Federal financial exposure with regard to the structure or other development.
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
is naturally occurring superficial deposits overlying bed rock.
is an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering and registered in the State of California to practice in the field of soils engineering.
is the application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and/or testing of the construction thereof.
means an area in the floodplain subject to a 1% or greater chance of flooding in any given year, and shown on a FIRM as Zone A, or AR. For purposes of this chapter, Zone A as identified on the FIRM are areas within the flood control channels under the jurisdiction of the County of Los Angeles.
for purposes of this chapter, means the date the building permit was issued, provided that the actual start of construction was within 180 days from the date of the permit. The actual start means either the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading or filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
shall mean anything constructed or erected which requires a location on the ground or which is attached to something having a location on the ground, but not including fences or walls seven feet or less in height. Structure shall also mean a walled and roofed building that is principally above ground; this includes a gas or liquid tank or a manufactured home.
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the reasonable replacement value of the structure at the time of its damage based on its assessed valuation.
is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as the documentation is provided to the Building Official.
means a natural or artificial channel in which a flow of water occurs either continually or intermittently.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The floodplain management provisions of this chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Downey.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for the City of Downey" with an accompanying Flood Insurance Rate Map dated July 6, 1998 and all subsequent revisions is hereby adopted by reference and is the basis for this chapter. This Flood Insurance Study is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City of Downey by the City Engineer. Such studies, maps and information shall be maintained at the City of Downey, Engineering Division, 11111 Brookshire Avenue, Downey, California 90241.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, deed restriction, or City approvals conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Compliance with both the floodplain management portions and the grading portions of this chapter are required. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Downey from taking such lawful action as is necessary to prevent or remedy a violation.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the City of Downey, and deemed neither to limit not repeal any other powers granted under State statutes.
(Added by Ord. 1053, adopted 7-14-98)
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Downey, any officer or employee thereof, or the Federal Insurance Administration, or Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
A building or grading permit shall be obtained before new construction or development or substantial improvement begins within any area of special flood hazards, established in Section 8700.05. Application for a building permit shall be made on forms furnished by the City.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Plans drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing shall by filed with the City. Such plans may be reviewed by other divisions and departments of the City to check compliance with the laws and ordinances under their jurisdiction. Specifically, all of the following information is required:
(a)
Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AR (with base flood depth), elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
(b)
Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
(c)
All appropriate certifications listed in Section 8710.04(b) of this chapter; and
(d)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
If the Building Official is satisfied that the work described in an application for a permit and the plans filed therewith conform to the requirements of this Code and other pertinent laws and ordinances, and that the fee specified in Section 8710.03 of this chapter has been paid, the Building Official shall issue a permit thereof to the applicant. |
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Fees shall be assessed as set forth in the fee schedule adopted by resolution of the City Council.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The duties and responsibilities of the Building Official shall include, but not be limited to:
(a)
Review all building permits to determine that the permit requirements of this chapter have been satisfied; and
(b)
Obtain and maintain for public inspection and make available as needed certifications for:
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The duties and responsibilities of the City Engineer shall include, but not be limited to:
(a)
Obtain and maintain for public inspection and made available as needed the certified elevation required in Section 8710.08(b) (Subdivision Standards) and;
(b)
Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 8720.01.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
In all areas of special flood hazards the following standards are required:
(a)
Anchoring. All new construction shall be designed with anchoring to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(b)
Construction Materials and Methods.
(1)
All new construction shall be constructed with materials and utility equipment resistant to flood damage.
(2)
All new construction shall be constructed using methods and practices that minimize flood damage.
(3)
All new construction shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4)
Require within Zones AR adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(c)
Elevation and Floodproofing.
(1)
New residential construction shall meet the standards of Section 8710.06 and shall have the lowest floor, including basement, elevated as follows:
a.
In the AR (with base flood depth) zone, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet (2') if no depth number is specified.
b.
In the AR zone, elevated using the lower of either the AR base flood elevation or the elevation that is three feet above the highest adjacent grade.
c.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor. Such certification shall be provided to the Building Official.
(2)
Nonresidential construction shall either be elevated in conformance with Section 8710.06(c)(1) or (2) together with attendant utility and sanitary facilities or shall meet all the following:
a.
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b.
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c.
Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Building Official.
(3)
On all new construction, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a.
Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters: or
b.
Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
(a)
All new and replacement water supply and sanitary sewage systems shall be designed to minimize infiltration of flood waters into the system and discharge from systems into flood waters.
(b)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
(a)
All tentative subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
(b)
All final subdivision plans shall provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a qualified registered professional civil engineer or licensed land surveyor and provided to the City Engineer.
(c)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(d)
All subdivision proposals shall have public utilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(e)
All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
New manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The Building Official may require cash or instrument of credit in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be completed to eliminate hazardous conditions.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The variance criteria set forth in this section of the chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristics must pertain to the land itself, not the structure, its inhabitants or the property owners. Flood Zone Exceptions shall be considered a variance for purposes of this section.
Because of the need to protect the City of Downey and its property owners from flooding, granting a Flood Zone Exception shall only be considered in an unusual case and the following criteria shall apply in making a determination.
(Added by Ord. 1053, adopted 7-14-98)
(a)
The Board of Building Appeals shall hear and decide appeals and requests for Flood Zone Exceptions from the requirements of this chapter.
(b)
The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official or the City Engineer in the enforcement or administration of this chapter.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; amended by Ord. 1053, adopted 7-14-98)
In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors, and/or standards specified in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other lands to the injury of others;
(b)
The danger of life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility to the community;
(e)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(f)
The compatibility of the proposed use with existing and anticipated development;
(g)
The relationship of the proposed use to the general plan and floodplain management program for that area;
(h)
The safety of access to the property in time of flood for ordinary and emergency vehicles;
(i)
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(j)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; amended by Ord. 1053, adopted 7-14-98)
The decision of the Board of Building Appeals, within 15 calendar days after the date of such action, may be appealed to the City Council by written notice of appeal filed in duplicate with the City Clerk and upon payment of an appeal fee remitted to the City Clerk. Such appeal shall set forth specifically wherein it is claimed the Board of Building Appeals' findings were in error, and wherein the decision of the Board of Building Appeals is not supported by the evidence in the matter, and wherein the public necessity, convenience, and welfare require such exception or permit. Upon the receipt of such notice of appeal the City Clerk shall transmit one copy of the notice of appeal to the Building Official with notice of the date, time, and place where the appeal shall be given before the City Council. The Building Official shall transmit to the City Council a copy of all pertinent information contained in the Board of Building Appeals' permanent file.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; amended by Ord. 1053, adopted 7-14-98)
The Building Official shall maintain the records of all appeal actions and report any Flood Zone Exceptions to the Federal Insurance Administration upon request.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; amended by Ord. 1053, adopted 7-14-98)
Flood Zone Exceptions may be issued for the repair or rehabilitation of historic structures upon a determination that (1) the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and (2) the variance is the minimum necessary to preserve the historic character and design of the structure.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; amended by Ord. 1053, adopted 7-14-98)
(a)
Flood Zone Exceptions shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(b)
Flood Zone Exceptions shall only be issued upon a determination of all of the following:
(1)
A showing of good and sufficient cause;
(2)
That failure to grant the Flood Zone Exception would result in exception hardship to the applicant. Exceptional hardship means a condition of extraordinary suffering or privation resulting from a denial of a Flood Zone Exception which must be unusual, peculiar, and singular to the property involved. Economic or financial hardships, inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors shall not qualify as exceptional hardships; and
(3)
That the granting of a Flood Zone Exception will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.
(c)
Flood Zone Exceptions may be issued for new construction necessary for the conduct of a functionally dependent use provided that the provisions of Sections 8720.06 through 8720.07(b) are satisfied and that the structure or other development is projected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(d)
Any applicant to whom a Flood Zone Exception is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Building Official in the Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; amended by Ord. 1053, adopted 7-14-98)
All improvements for which a building or grading permit is required shall be subject to inspection by the Building Official. When required by the Building Official, special inspection and testing shall be performed to the satisfaction of the Building Official.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; amended by Ord. 1053, adopted 7-14-98)
Adoption by reference of California Building Code, Appendix J. Except as provided herein, Appendix J of the 2025 Edition of the California Building Code (California Code of Regulations, Title 24, Part 2), based upon the 2024 International Building Code, is hereby adopted by reference as fully set forth herein, and shall constitute and is hereby established as the "Downey Grading Regulations." A copy of the 2025 Edition of the California Building Code, including Appendix J, is on file in the Building and Safety Division and the office of the City Clerk for use and examination by the public.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 1053, 7-14-98; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
Section J103.1 of Appendix J of the 2025 Edition of the California Building Code is amended to read as follows:
J103.1 – Permits required. Except as exempted in Section J103.2, grading shall not be performed without first having obtained a permit therefor from the Building Official. A grading permit does not include the construction of retaining walls or other structures. A separate permit shall be required for each site; each permit may cover both excavations and fills at the same time.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 1053, 7-14-98; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
Section J103.2, Item 8, is added under "Exemptions" to read as follows:
8.
Cut and fill less than fifty (50) cubic yards and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or less than three (3) feet in depth, not intended to support structures, which do not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 1053, 7-14-98; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
Section J104.1 is amended to read as follows:
J104.1 – Submittal requirements. In addition to the provisions of Section 8999.28.3, the applicant shall state the estimated quantities of excavation and fill.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 1053, 7-14-98; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
Section J105.1 is amended to read as follows:
J105.1 – Inspections. Inspections shall governed by Section 8999.38 of Downey Municipal Code.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 1053, 7-14-98; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
Section J112 is added to Appendix J of the 2025 Edition of the California Building Code to read as follows:
J112 Fees.
J112.1 Payment of Fees. A permit shall not be valid until the fees prescribed as set forth in the City of Downey Schedule of Fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
J112.2 Schedule of Fees. On excavation and/or fill requiring a permit, a fee for each permit shall be paid as required, in accordance with the Schedule of Fees established by resolution of the City Council.
J112.3 Work Commencing Before Permit Issuance. Any person who commences any work on grading before obtaining the necessary permits shall be subject to an investigation fee to be made before any permit may be issued for such work. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued for the illegal work. The investigation fee shall be equal to the amount of a permit fee required by this chapter for the commenced or completed work as set forth in the City adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title or Downey Municipal Article VIII, Chapter 5-33, nor from any penalty prescribed by law.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 1053, 7-14-98; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
Section J113 is added to Appendix J of the 2025 Edition of the California Building Code to read as follows:
J113 Refunds.
J113.1 The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.
J113.2 The Building Official may authorize the refunding of not more than eighty (80%) percent of the grading permit fee paid when no work has been done under a permit issued in accordance with this title. The Building Official may authorize the refunding of not more than eighty (80%) percent of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started.
J113.3 The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 1053, 7-14-98; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
Section J114 is added to Appendix J of the 2025 Edition of the California Building Code to read as follows:
J114 – Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
(Added by Ord. 932, 8-13-91; amended by Ord. 1010, 12-12-95; Ord. 20-1454, 10-13-20; Ord. 22-1501, 11-10-22; Ord. 26-1536, 1/27/2026)
The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. It is the purpose of this chapter to promote the public health, safety and general welfare, to safeguard life, limb, and property by regulating paving on private property.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The requirements of this chapter shall apply to all private property.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
A paving permit shall be secured for all paving, walkways, driveways, and subgrade preparation.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
(a)
Plans shall be presented to the Building Official for review and approval prior to the commencement of any work. Such plans shall be properly drawn to a scale acceptable to the City and shall show the location of the existing and proposed buildings and structures together with the contours and elevations and any other data affecting the subject property or adjacent properties and the public way.
(b)
Drainage appurtenances shall be designed for not less than a 10 year storm, unless otherwise approved. In Special Flood Hazard Areas (SFHA), drainage design shall include consideration for the protection of the flooding of any structures subjected to a 100 year storm as required in Section 8700 of this Code.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Fees shall be assessed as set forth in the fee schedule adopted by resolution of the City Council.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Automobile driveways for parking areas and playground surfacing shall be constructed of Portland cement concrete or asphaltic concrete. Driveway approaches in the public way shall be constructed of Portland cement concrete.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Pedestrian walkways, driveways, and parking area slabs of Portland cement concrete shall meet the minimum design requirements for plain concrete, as specified in Chapter 26 of the Building Code, and shall conform to all of the following:
(a)
Vehicular driveways and parking areas and drainage gutters shall be a minimum of four inches in thickness. The thickness for driveways and parking areas used for heavy traffic shall be a minimum of six inches.
(b)
Pedestrian walkways shall be a minimum of three inches in thickness.
(c)
All concrete shall be laid on scarified and firmly compacted soil, free of deleterious matter. The minimum gradient shall be 0.25%.
(d)
Expansion joints shall be provided a minimum of 20 feet on centers each way.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Pedestrian walkways, driveways, and parking areas of asphaltic concrete shall meet the minimum requirements set forth in this chapter.
(a)
Traffic. Traffic is divided into three classifications as follows:
(b)
Pavement Thickness Design. The following table shall be used in selecting the minimum thickness of base course and asphaltic surface course, or of full depth asphaltic concrete. A design submitted by a State licensed civil engineer specializing in soil mechanics is required for special conditions such as unusual loadings or subgrade and sandy, silty, or organic clay soil conditions.
Traffic | Base Compacted Thickness (Minimum) | Asphaltic Concrete Compacted Thickness (Minimum) Surface Course | *Full Depth Asphaltic Concrete Compacted Thickness (Minimum) |
|---|---|---|---|
Light | 2″ | 2″ | 3″ |
Medium | 4″ | 2″ | 4″ |
Heavy | 6″ | 3″ | 6″ |
* Maximum thickness laid in one lift shall be four inches (4"). |
(c)
Composition and Grading. The grading of the combined aggregates and the percentages of asphalt shall be such as to conform to the requirements indicated in the following tabulation in which the percentages shown are based on the weight of dry aggregate only:
TYPE II ASPHALT CONCRETE * Percentage Passing Sieves | ||||||||
|---|---|---|---|---|---|---|---|---|
Class | B | C | D | E | ||||
Sieve | Medium-Course | Medium | Fine | Extra-Fine | ||||
Size | Min | Max | Min | Max | Min | Max | Min | Max |
1 | 100 | |||||||
¾ | 95 | 100 | 100 | |||||
½ | 74 | 88 | 95 | 100 | 100 | |||
3/8 | 62 | 76 | 72 | 88 | 95 | 100 | 10 | |
No. 4 | 38 | 52 | 46 | 60 | 58 | 72 | 65 | 85 |
No. 8 | 28 | 40 | 28 | 42 | 34 | 48 | 45 | 65 |
No. 30 | 12 | 22 | 13 | 23 | 16 | 28 | 20 | 36 |
No. 50 | 6 | 14 | 6 | 14 | 8 | 18 | 10 | 22 |
No. 200 | 2 | 6 | 2 | 6 | 2 | 7 | 3 | 9 |
Asphalt % | 4.5 | 5.8 | 4.6 | 6.0 | 4.8 | 6.5 | 5.8 | 7.8 |
* Modified from Standard Specifications for Public Works Construction (Green Book) |
The asphalt binder to be used shall be either AR-4000 or AR-8000, as determined by the City at the time of lay-down.
(d)
Drainage Gradient. To insure proper surface run-off, the pavement shall be designed and constructed with a minimum gradient of one percent. The asphalt pavement surface shall receive a fog seal coat of a uniform application of from 0.05 to 0.10 gallons per square yard of emulsified asphalt, Type "SS-1h". Water shall be controlled by the use of concrete curbs and gutters. Gutters shall be two feet minimum in width and designed to carry contemplated loads with a minimum gradient of 0.25 percent.
(e)
Preparation of Surface to be Paved. Asphaltic concrete base, leveling, or surface course shall be spread upon a firm, properly prepared surface, true, to grade, and free of standing water and of all loose and foreign materials. The surface to be paved may be damp, but not saturated; wholly, in part, or in spots. Concrete surfaces shall be entirely dry. Portland cement concrete or old asphaltic concrete surfaces shall receive a tack coat of a uniform application of from 0.05 to 0.10 gallons per square yard of emulsified asphalt, Type "SS-1h".
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
All drainage facilities shall be of such design as to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer. Drainage waters shall not flow over a public sidewalk or parkway, but shall be deposited in a concrete receptor, located outside the driveway and parking area where possible, and approved for the purpose, and then carried under the sidewalk or parkway, through the curb into the gutter in a manner approved by the City Engineer.
Exception: Private garages or other similar structures (Group M Occupancies) and single-family residential (R-3 Occupancies), other than townhouses, may flow over a public sidewalk or parkway.
Surface waters entrapped on adjacent properties by reason of any fill shall be drained, by the installation of pipes, conduits, culverts, or flumes in keeping with good engineering practices and design, to the nearest street, storm drain, or natural watercourse, as approved by the City Engineer, and shall be the responsibility of the owner or other responsible party of the property on which the fill is placed.
No slope of any kind shall drain surface waters onto adjoining property. Retaining walls shall be constructed to retain fill at property limits and where fill exceeds twelve inches (12") in depth. See Chapter 70 of said Building Code for excavating and grading requirements.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Soil sterilization shall be used in all areas to be paved where there is evidence of vegetation. This should be done by or under the supervision of a reputable organization specializing in this type of work, or it may be done by the contractor if he uses equipment equal to that used by specialists in soil sterilization.
The soil sterilant shall be Hyvar-X or Bromacial, or equal, mixed and applied in the presence of the inspector at the rate of 40 pounds per acre. The application shall be after the shaping and compacting of the subgrade and just prior to paving.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; aOrd. 1053, adopted 7-14-98)
All improvements for which a paving permit is required shall be subject to inspection by the Building Official. When required by the Building Official, special inspection and testing shall be performed to the satisfaction of the Building Official.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
Pavements regulated by this chapter shall be maintained at all times in a state of good repair.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95; Ord. 1053, adopted 7-14-98)
The Building Official may require cash or instrument of credit in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
(Added by Ord. 932, adopted 8-13-91; amended by Ord. 1010, adopted 12-12-95)