[Added by Ord. 405; amended by Ord. 480; Ord. 81-13; Ord. 2008-2; 11-11-2025 by Ord. No. 2025-2]
Chapter 2 of the Building Code are amended by adding the following definition:
UNSAFE BUILDING. Unsafe building, as used in this Code, shall include the following and are hereby declared to be a public nuisance: |
1. | Any building which has been partially destroyed by fire, wind, earthquake, flood or from any other cause in such a manner that the continual use or occupancy of the building would be dangerous to the life, safety, morals or the general health and welfare of the occupants of the City of Lakewood. |
2. | Any building which, because of the structural design or condition, or because of damage or deterioration may no longer be used safely for the purposes for which it is constructed. |
3. | Any building or structure wherein a door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway or other means of exit. |
4. | Any building where a portion of a member or appurtenance thereof is likely to fail, or to become detached or dislodged or to collapse and thereby injure persons or damage property. |
5. | Any building or any portion thereof which by reason of dilapidation, deterioration, decay, faulty construction or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or other case, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give away. Any building that has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated a to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts. |
6. | Any building intended to be used for dwelling purposes which, because of dilapidation, deterioration, damage decay or faulty construction or maintenance or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to endanger the life of the occupants of the building. |
7. | Any building or portion thereof constructed in violation of the provisions of the Building Code, Plumbing Code, Electrical Code, Fire Code, Mechanical Code, or Existing Building Code of this City. |
8. | Any building unfit for human habitation or occupancy as defined in Chapter 99 of the LA County Building Code. |
9. | All buildings or structures which are structurally unsafe or not provided with adequate egress or which constitute a fire hazard, or which are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. |
All unsafe buildings as herein defined are hereby declared to be a public nuisance and shall be repaired, vacated or demolished as herein provided. The following standards shall be applied in respect to repair, vacation or demolition of unsafe buildings: |
1. | If the "unsafe building" can be reasonably repaired so that it will no longer exist in violation of the terms and provisions of Chapter 99 of the LA County Building Code, it shall be ordered repaired. |
2. | If the "unsafe building" is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered vacated. |
3. | In any case where an "unsafe building" is 50% damaged or destroyed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist as an "unsafe building" it shall be demolished. |
As used in this Code, "party concerned" means the person, if any, in real or apparent charge and control of the premises involved, any tenant occupying the same, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.
Section 116 of the Building Code is amended by adding the following:
116.6 Cost. The cost of the work and the expense of the abatement of the nuisance shall be a lien against the property on which it is maintained and a personal obligation against the property owner. Cost, as used herein, shall mean the cost after deducting there from any consideration or price received, if any, for materials removed from the structure constituting a nuisance. In the event the cost is not paid within five days after the decision confirming the statement, such shall constitute a lien upon the real property upon which the nuisance was abated or removed, which lien shall continue until the amount thereof and interest, at the rate of 6% per annum computed from the date of confirmation of the statement until paid, has been paid, or until it is discharged or record. Such a lien shall, for all purposes, be upon a parity with the lien of State, County and Municipal taxes. In the event of nonpayment, the Chief Building Official shall at any time within sixty days after the confirmation of the statement cause to be filed in the office of the Los Angeles County Recorder a certificate substantially in the following form, to-wit:
NOTICE OF LIEN |
Pursuant to the authority vested in the undersigned by the Building Code of the City of Lakewood and Sections 38660, 38773 and 38773.5 of the Government Code of the State of California, the undersigned did on the _____ day of _____, 2_____, cause a nuisance to be abated on the real property hereinafter described and the undesigned did on the _____ day of _____, 2_____, by action duly recorded in its official minutes as of the date assess the cost of the abatement, less the amount received from the sale of any building materials, upon the real property hereinafter described, and the same has not been paid nor any part thereof and the undersigned does hereby claim a lien on the real property for the net expenses for the doing of the work in the sum of $_____ and the same shall be a lien upon the property until the same sum, with interest at the rate of 6% per annum, from the _____ day of _____, 2_____, (insert date of confirmation of statement), has been paid in full and discharged of record, as well as the personal obligation against (insert name of property owner). |
When, as authorized by the Building Code, being an Ordinance establishing a procedure for the abatement of nuisances and making the cost of abatement of a nuisance a special assessment against real property, this notice of lien has been delivered to the County Assessor or Tax Collector for collection on the tax bill, the same shall be collected in the manner as ordinary municipal taxes are collected. |
The real property hereinbefore mentioned, upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Lakewood, County of Los Angeles, State of California, and more particularly described as follows: |
(insert legal description) |
Dated this _____ day of _____, 2_____ |
City of Lakewood |
By: |
________________________________ Chief Building Official |
In the event the amount received from the sale of materials from the building in the abatement of the nuisance exceeds the expense of the abatement, such excess shall be deposited with the City Director of Finance to the credit of the owner of the property or to such other person legally entitled thereto and such excess shall be payable to the owner or other person on demand and upon producing evidence of ownership satisfactory to the City Treasurer.
The cost of abatement shall also constitute a special assessment against that parcel pursuant to Section
38773.5 of the Government Code of the State of California. Confirmation of the statement or report shall be confirmation of the assessment and shall be a lien on the property or parcel where the abatement was performed. Failure to record the Notice of Lien shall not bar collection hereunder or otherwise.
After confirmation of the statement, a certified copy of the Notice of Lien may be filed with the County Auditor or Tax Collector before August 10. The description of the parcel or parcels shall be those used for the parcels in the County Assessor's Map Book for the current year. The County Auditor or Tax Collector shall enter each assessment on the County Tax Roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessments.