There is adopted and incorporated by reference herein as the city code for the abatement of dangerous buildings (for the purpose of providing a method, to be cumulative with and in addition to any other remedy provided by the building code, housing code or otherwise available law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished) the Uniform Code for Abatement of Dangerous Buildings, promulgated and published by the International Code Council, including such provisions as are hereinafter added, deleted or amended.
(Ord. 454 § 3, 2019)
The deletions, revisions and additions set forth in Sections 201, 202, 204, 205 and 801 and Chapters 4, 5, 6 and 7 are made to the Uniform Code for the Abatement of Dangerous Buildings.
(Ord. 454 § 3, 2019)
Section 201 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Sec. 201.
(a) 
Administration. The community development manager is hereby authorized to enforce the provisions of this code.
The community development manager shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as he or she may deem necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
(b) 
Inspections. The health officer, the fire marshal, the building official and the community development manager or their designees are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.
(c) 
Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the community development manager or the manager's authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the community development manager or the manager's authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the community development manager by this code, provided that if such building or premises be occupied, the authorized representative shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the community development manager, or the manager's authorized representative, shall have recourse to every remedy provided by law to secure entry.
"Authorized representative" shall include the officers and their designees named in Section 201(b) and their authorized inspection personnel.
(Ord. 454 § 3, 2019)
Section 202 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Sec. 202. All buildings or portions thereof which are determined after inspection by the community development manager to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code.
(Ord. 454 § 3, 2019)
Section 204 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Sec. 204. All buildings or structures within the scope of the code and all construction or work for which a permit is required shall be subject to inspection by an Authorized Representative in accordance with and in the manner provided by this code and Sections 110 and 1704 of the 2019 California Building Code.
(Ord. 454 § 3, 2019)
Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
CHAPTER 4
NOTICES AND ORDERS OF THE COMMUNITY DEVELOPMENT MANAGER
General.
Sec. 401.
(a) 
Commencement of Proceedings. Whenever the community development manager has inspected or cause to be inspected any building and has found and determined that such building is a dangerous building, the manager shall commence proceedings to cause the repair, vacation or demolition of the building.
(b) 
Notice and Order. The community development manager shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
1. 
The street address and a legal description sufficient for identification of the premises upon which the building is located.
2. 
A statement that the community development manager has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code.
3. 
A statement of the action required to be taken as determined by the community development manager.
(i) 
If the community development manager has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the community development manager shall determine is reasonable under all of the circumstances.
(ii) 
If the community development manager has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the community development manager to be reasonable.
(iii) 
If the community development manager has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the community development manager shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the community development manager shall determine is reasonable.
4. 
Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the community development manager:
(i) 
Will order the building vacated and posted to prevent further occupancy until the work is completed, and
(ii) 
May proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. 
Statements advising.
(i) 
That any person having any record title or legal interest in the building may appeal from the notice and order or any action of the community development manager to the city council, provided the appeal is made in writing as provided in this code and filed with the city clerk within 10 days from the date of service of such notice and order; and
(ii) 
That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(c) 
Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the community development manager or disclosed from official public records; the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the community development manager to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section.
(d) 
Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the community development manager. If no address of any such person so appears or is known to the community development manager, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(e) 
Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the community development manager.
Recordation of Notice and Order.
Sec. 402. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the community development manager shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the community development manager shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.
Repair, Vacation and Demolition.
Sec. 403.
1.
Any building declared a dangerous building under this code shall be made to comply with one of the following:
(i)
The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or
(ii)
The building shall be demolished at the option of the building owner; or
(iii)
If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.
2.
If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
Notice to Vacate.
Sec. 404.
(a)
Posting. Every notice to vacate shall, in addition to being served as provided in Section 401(c), be posted at or upon each exit of the building and shall be substantially the following form.
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Community Development Manager, the City of Lemon Grove
(a)
Compliance. Whenever such notice is posted, the community development manager shall include a notification thereof in the notice and order issued by him or her under Subsection (b) of Section 401, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.
(Ord. 454 § 3, 2019)
Chapter 5 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
CHAPTER 5
APPEAL
General.
Section 501.
(a) 
Form of Appeal. Any person entitled to service under Section 401(c) may appeal any notice and order or any action of the community development manager under this code by filing with the city clerk a written appeal within 10 calendar days of the date of the written notice. The written appeal shall contain the following:
1. 
Completed application form and processing fee.
2. 
A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contention of the appellant.
3. 
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside.
4. 
The signatures of all parties named as appellants and their official mailing addresses.
(b) 
Processing of the Appeal. Upon receipt of any appeal filed pursuant to this section, the community development manager shall set the item for a hearing before a hearing officer.
(c) 
Scheduling and Noticing Appeal Hearing. The date of the hearing shall not be less than 10 days nor more than 60 days from the date the appeal was filed with the city clerk. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the city clerk either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(d) 
Hearing Procedures. Hearing procedures shall be governed in the same manner as administrative citation appeal hearings in accordance with Section 1.24.100 of the Lemon Grove Municipal Code.
(e) 
Hearing Officer. Hearing Officer appointment and procedures shall be governed in the same manner as administrative citation hearing officer appointment and procedures in accordance with Section 1.24.090 of the Lemon Grove Municipal Code.
Effect of Failure to Appeal.
Section 502. Failure of any person to file an appeal in accordance with the provisions of Section 501 shall constitute a waiver of that person's right to an administrative hearing and adjudication of the notice and order, or any portion thereof.
Staying Order Under Appeal.
Section 503. Except for vacation orders made pursuant to Section 403, enforcement of any notice and order of the community development manager issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(Ord. 454 § 3, 2019)
Chapter 7 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Chapter 7
ENFORCEMENT OF THE ORDER OF THE COMMUNITY DEVELOPMENT MANAGER
Compliance.
Sec. 701.
(a) 
General. After any order of the community development manager made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.
(b) 
Failure to Obey Order. If, after any order of the community development manager is made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the community development manager may (i) cause such person to be prosecuted under subsection (a) of this section or (ii) institute any appropriate action to abate such building as a public nuisance.
(c) 
Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective:
1. 
The community development manager shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Community Development Manager, the City of Lemon Grove.
2. 
No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the community development manager have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Building Code.
3. 
The community development manager may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
Extension of Time to Perform Work.
Sec. 702. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the community development manager may, in the discretion of the manager, grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the community development manager determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property.
Interference with Repair or Demolition Work Prohibited.
Sec. 703. No person shall obstruct, impede or interfere with any officer, employee, contractor, or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
(Ord. 454 § 3, 2019)
Section 801 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
Sec. 801.
(a) 
Procedure. When any work of repair or demolition is to be done pursuant to Section 701(c)(3) of this code, the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of the community development manager. Plans and specifications therefor may be prepared by the community development manager, or his/her representative, or he/she may employ such architectural and engineering assistance on a contract basis as he/she may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.
(b) 
Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.
(Ord. 454 § 3, 2019)