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HomeMy WebLinkAbout1/24/19941 GL�1 Monday, January 24, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairwoman Commissioner Commissioner Commissioner David Meyer Lydia Plank Jack Grothe Bruce Flamenbaum Michael Li Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar. requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drini in the Auditorium 'he City of Diamond Bar uses recycfed paper and encourages you to do the same. Next Resolution No. 941 CALL TO ORDER- 7:00 p.m. PLEDGE OF ATI 3Gi4,NCE ROLL CALL: COMIVIISSIONER& Chairman David Meyer, Vice Chairwoman Lydia Plunk, Bruce Flamenbaum, Jack Grothe, and Michael 11 This is the time and place for the general public to address the members of the Planning Commis- sion on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary) There is a five minute maximum time limit when addressing the Planning Commission CONSENT CALENDAR- The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 1• Minutes of December 13, 1993 OILD BUSINESS: N. n (►`Ii�j:il 1►1 •. 2. Request by the Pomona Unified School District finding conformity with the Draft General Plan for construction of Diamond Ranch Pfigh School pursuant to Section 21151.2 of the Public Resources Code. RECOMMENDATION: It is recommended that the Planning Commis- sion direct staff to send a letter to the Pomona Unified School District .regarding the consistency of the proposed high school with the City's Draft General Plan. 1 CONTINUED PUBLIC EEARINGr 3• .Development Review No. 93-1 & Conditional Use Permit No. 93-4. The Conditional Use Permit is as request to allow live entertainment within a restaurant, the sale and on-site consumption of alcoholic .beverages in the C -M Zone; The Development Review is a request to allow the construc- tion of a restaurant. (Continued from September 13, 1993) Property Location: 21671 E Gateway Center Drive, Diamond Bar. Applicant: Dr. Akbar Omar, 2216 E Merced, West Covina, CA Environmental Determination: Pursuant to the provisions of the Califor- nia Environmental Quality Act (CEQA), the City has determined that this project requires a Mitigated Negative Declaration. RECOMMEN' DATION: Staff recommends that the Planning Commis- sion continue the project until February 14, 1994, or such time that project can be processed. 4. Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance The consideration of an ordinance to amend Title 22 of the Los Angeles County Code by adding a new chapter establishing property maintenance standards. (continued from December 13, 1993 Applicant: City of Diamond Bar Property Location: All property within the City limits of Diamond Bar. ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has deter- mined that this project is Categorically Exempt pursuant to Section 15321. RECOMMENDATION: Staff recommends the Planning Commission consider an approach that blend the PMO, Chapter 99 of the Los Angeles County Code, and the Uniform Housing Code into one- document E Status of Parldng Standards Review Status of Sign Code Review Status of Draft General Plan - Verbal Presentation 1994 Planners' Institute --- Verbal Piesmtatioin ADJOURNAHM- February 14, 1994 3 CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION DECEMBER 13, 1993 .CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 p. . m. at the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF The audience. was led in the Pledge of Allegiance by Chairman ALLEGIANCE: Meyer. ROLL CALL: Commissioner Grothe, Vice Chairman Plunk and Chairman Meyer. Commissioner Flamenbaum arrived at 7:12 p.*m. Commissioner Li was absent (excused). Also Present were Community Development Director James DeStefano; Planning Technician Ann Lungu; City Engineer Mike Myers; Interim City Attorney Michael Montgomery; and Recording Secretary Liz Myers INTRODUCTION OF CDD/DeStefano introduced and welcomed the new Interim City NEW CITY Attorney Michael Montgomery. ATTORNEY: ICA/Montgomery expressed his pleasure to be working with the City and the Planning Commission. MATTERS FROM None THE AUDIENCE: CONSENT VC/Plunk requested the -following changes to the minutes of CALENDAR: November 22, 1993: indicate "Chairperson" as one word; properly indicate "...and equal split vote..." on page 3; properly Min. of Nov. 22 indicate "...or urgency of the item..." on page 4; hyphenate the word "non-binding"; and properly indicate "C/Flamenbaum". Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to approve the Minutes of November 22, 1993, as amended. OLD BUSINESS: Chair/Meyer noted that the Planning Commission received the final draft of the Planning Commission Policies and Procedures Final Draft Manual for review, incorporating the revisions of the Brown Act Planning which will become effective April 1, 1994. Commission Policies and VC/Plunk inquired if ICA/Montgomery had an opportunity to Procedures Manual review the document. ICA/Montgomery stated that he has reviewed the document and finds everything to be in order. December 13, 1993 N Page 2 VC/Plunk then made the following suggestions to amend the Planning Commission Policies and Procedures Manual: rewrite the second paragraph, on page 6, under "Effectiveness" to read "Effective Commissions set clear objectives, prioritize tasks, anticipate and analyze concerns. They listen empathetically, and they diagnose options to develop a plan of action."; delete the second sentence in the first paragraph, under "Effectiveness"; add "and goals" to the end of the third sentence in the first paragraph, under "Effectiveness"; and correct the word "maybe" to "may be" in the first sentence of the third paragraph. VC/Plunk then questioned if. items 3-6, on page 6, are appropriate. ICA/Montgomery explained that it is appropriate for the Planning Commission to place as many sensitivity training goals in the policy as desired, subject to State statute. VC/Plunk then requested that the last sentence in item 12, on page 7, be corrected to read "No one should..." C/Flamenbaum suggested that the statement "A split vote (negative, affirmative, or neutral)...", on page 8, under "Quorum", be moved under "Motion". It was the consensus of the Commission to accept the suggested changes to the document. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to adopt the final Draft Planning Commission Policies and Procedures Manual, as amended. NEW BUSINESS: None CONTINUEDPUBLIC Chair/Meyer suggested that, following the public hearing, the HEARING: matter be continued to a meeting in January of 1994 in order to give the new City Attorney and City Council sufficient time to ZCA No. 93-3 properly review the document. Property Maintenance CDD/DeStefano reported that.the Planning Commission continued Ordinance the public hearing regarding the Property Maintenance Ordinance at the October 11, 1993. meeting in order to allow for further preparation and revision of the Ordinance. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. December 13, 1993 Page 3 Mr. Bob Zirbes, President of the Diamond Bar Improvement Association (DBIA), suggested the following changes to the document: page 16, under "Penalties", should include a provision for an appeal process; the document should be sensitive to the needs of financially disadvantaged residents; delete the statement, "...and a resulting decline in the property Values within the City of Diamond Bar," from "Purpose and Intent", on page 2, because it cannot be enforced; a boat is a recreational vehicle that is allowed further in the document and should therefore be stricken from section 22.54.030 A, on page 4; delete the entire section 22.54.040 B on page 4; deleted "sagging roof" from section 22.54.060 A, on page 5; amend section 22.54.060 B, on page 5, to read, "Substantial areas of visible deteriorated..."; section 22.54.060 D, on page 5, is a Health and Safety issue and should be removed; items 22.54.060 E, F, and G, on page 5, are covered -under Building and Safety Codes and should be removed; the suggestions made should also be applied to multi -family standards, etc., as well; and the statement "commercial purposes" in section 22.54.050 B, on page 5, should be more explicit because there may be confusion among those owning pick up trucks, or vehicles that have a high gross vehicle -weight. CDD/DeStefano explained that the Enforcement/Abatement Procedures is not specifically a part of this draft because it is the Planning Commission's responsibility to establish the standards and recommend policy for those standards, and the purview of the City Council to deal with specific issues of enforcement and the abatement procedures. Chair/Meyer expressed his concern that the Planning Commission is being asked to piece -meal their review of the Ordinance. He stated that even though the penalty phase is not. within the jurisdiction of the Planning Commission, the Planning Commission should be made fully aware of any punitive measures that go along with the Ordinance. He requested that the penalty phase be included with the next Draft Ordinance to be presented to the Commission. C/Grothe stated that if the penalty phase cannot be presented to the Planning Commission for review, then the "Penalty" section should be omitted from the Ordinance. Mr. Oscar Law, residing at 20511 Pathfinder, concurred with the suggestions made by Mr. Zirbes. He questioned why such items as broken toilets, leaking roofs were. not deleted from the draft December 13, 1993 Page 4 Ordinance as was requested at the last public hearing. Mr. Don Schad, a resident, also supported the comments made by Mr. Zirbes. He made the following comments: section 22.54.060 A -G fall under the purview of the Building and Safety Department; and the "Penalty" section should include a provision ion to allow those financially disadvantaged an appeal process. Mr. Don Fisher, residing at 465 Burgante Drive, refer . ring to section 22.54.050 B, on page 5, noted that the State considers any vehicle with a commercial plate to be of a commercial use in California. He also noted that the Walnut Recreational parking area for motor vehicles is all gravel, not paved, which is contrary to section 22.54.260 "Motor Vehicle Parking", on page 13. Mr. John Okel, residing on Burgante Drive, expressed his support with the intent of the Ordinance, but 'emphasized that a person in violation should not be placed in jail, nor should it be suggested. Mr. Frank Dursa, a resident, expressed his support that the Ordinance was amended to al , low recreational vehicles to be parked in the driveway. Chair/Meyer stated that staff has been directed to do a comparative analysis of Chapter 99 of the Los Angeles County Building Code, which dealt with property, maintenance standards for the City, and the proposed Property Maintenance Ordinance. Red Calkins, a resident, expressed his dissatisfaction with the Code Enforcement Officer. Mr. Don Gravdahl, a resident, suggested that section 22.54.050 B, on page 5, be amended to define "commercial" by the gross weight of the vehicle when fully encumbered. Fie then suggested that the proposed Ordinance indicate specifically how much of the frontage of a house can be a paved surface. Mr. Max Maxwell, 'a resident, inquired if the proposed Ordinance affects existing CC&R's. Chair/Meyer explained that CC&R's are separate documents created under the terms of the subdivision and are enforced by the Homeowners Association, not by municipalities. The proposed Property Maintenance Ordinance would not impact the CC&R's. Deceenber 13, 1993 Page 5 Mr. Richard Murietta, a resident, inquired if the proposed Ordinance would apply to problems associated with fraternity houses, such as those operating on his street. Chair/Meyer suggested that Mr. Murietta contact staff for assistance in addressing those problems. Mr. Don Fisher, a resident, concurred that fraternity houses, specifically at 310 Ballena Drive, have been a, problem for some time. There being no one wishing to 'provide further comment, Chair/Meyer returned the matter back to the Commission for consideration. C /Flamenbaum made the following comments: driveways should be covered under the Development Code; the document needs to specifically d - efine front yard, side yard, etc., for enforcement purposes; section 22.54.050 B, on page 5, is poorly written and does not specify any time durations; leaky roofs, bad drainage, etc., c., fall under the Building and Safety Codes; and the Planning Commission had directed staff to include language that the City could place a lien on the property in order to get reimbursed if the City did any repair 'work following the appeal process. C/Flamenbaum then stated that he would not give consideration to the proposed ordinance unless it included an Enforcement/Abatement provision. C/Grothe made- the following comments: omit section 22.54.060, on page 5, from the document, except the first paragraph; delete the statement "free of weeds" from section 22.54.070, on page 6, second line; rewrite item 2 from section 22.54.080, on page 6, to be less restrictive; and section 22.54.030 B, on page 4, should allow for at least two weekends to do repairs. Chair/Meyer, referring to section 22.54.030 B, point . ed out that, with an appeal process included in the proposed Ordinance, an individual would have an opportunity to demonstrate why that specific time period was inappropriate. The Planning Commission concurred that 10 consecutive days was a reasonable time frame to accomplish repairs, as indicated in .section 22.54.030 B. VC/Plunk suggested that ICA/Montgome'ry meet with the Property December 13, 1993 Page 6 Maintenance Ordinance subcommittee to review the document. She stated that it was her impression that some of the examples given in -the different sections were included for enforcement purposes. She inquired if it was the opinion of ICA/Montgomery that some of the items in the -document should be separated from the Development Standards. She also questioned if including definitions in the document was redundant and/or could have the potential to contradict the intent of the proposed Ordinance. VC/Plunk then suggested that the document be reviewed by the Planning Commission one year after its adoption to determine its effectiveness. Chair/Meyer reiterated his request for a comparative analysis, in graph format, of the enforcement provisions of Chapter 99 of the Building Code and the proposed Property Maintenance Ordinance. He suggested that the proposed Property Maintenance Ordinance include the definitions of "blighting conditions" as clearly defined in the Health and Safety Code. Chair/Meyer then reiterated his request that the penalty phase be included for the Planning Commission's review. Chair/Meyer, in response to VC/Plunk's request to send the document back to the subcommittee, stated that the subcommittee has completed their review and the document is now before the Planning Commission for consideration. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue the matter to the meeting of January 24, 1994, and to direct staff to incorporate the statements made by the Commission this evening into the proposed Property Maintenance Ordinance. VC/Plunk requested the revised document be included in the Commission's packet, for the meeting of January 10, 1994, if possible. PUBLIC HEARING: PT/Lungu reported that L.A. Cellular is requesting approval to locate and operate a 75 foot monopole and an unmanned CUP No. 93-7 repeater station for a period not to exceed six months within an L.A. Cellular existing commercial development. The project was initiated as a result of the removal of an unmanned repeater station and monopole from the Diamond Bar High School campus. She stated that the applicant is currently involved in negotiations with the school .district to locate the use, once again, at the school. However, in the interim, the applicant is seeking to re-establish service to the community and public safety agencies until a December 13, 1993 Page 7 permanent location can be secured. PT/Lungu then noted that the staff report, which indicates that the power source for the equipment is a utility generator, is incorrect, and that the power source will be electricity to the site. It is recommended that the Planning Commission approve Conditional Use Permit No. 93-7 with the Findings of Fact and listed conditions. C/Flamenbaum inquired why the applicant is being required to slurry seal and restripe the parking lot when the request is only for a six month use. CDD/DeStefano explained that since a CUP is a discretionary permit, the Planning Commission and staff have the opportunity to review the entire parcel in its consideration. He stated that staff has recommended that the applicant be requested to provide the much needed improvements to the parking lot at the same time the permit is being requested. Chair/Meyer declared the public hearing opened. ICA/Montgomery noted that, because of the present status of the General Plan, there is a question if discretionary land use permits can be granted at this time. He stated that, though the request is only for six month and the applicant is a utility, a land use permit invalidly granted is always subject to challenge. He inquired if the applicant would be willing to waive recourse for any conditions imposed if it turns out that the authority to grant those conditions were invalid because of any technicality. Ms. Linda Paul, an employee of L.A. Cellular located in Cerritos, stated that L.A. Cellular is more than willing to cooperate with the City, and adhere to any condition that would indemnify the City for any improvements incurred by the applicant if a technicality was determined in the future after receiving the permit being requested. Ms. Paul then made the following corrections to the staff report: L.A. C ' ellular has provided service at, Diamond Bar High School since approximately 1986; and the antennas proposed for the site are sectorized, which would not exceed 75 feet by more than six.inches. In response to a series of Planning Commission inquiries, Ms. Paul, made the following responses: there is no intent of having the pole at that location longer than 6 months, an alternate site is being actively pursued; a condition limiting the number of extensions granted to 1 or 2 times is acceptable; there is no intent to use the microwave being requested as an option; December 13, 1993 Page 8 microwave is used in the event of a disaster; sectorized antennas will most likely be used, however, the option to use, a whip antenna is desired; an extension of 6 months is desired; cellular does not cause interference with radio or television reception, but, any complaints received either through hrough the. City or directly would be corrected within 5 working days; the condition to slurry seal and restripe the parking lot is acceptable; the broad cast power ranges from 5-30 watts, and as high as 100 watts per channel; 32 channels are anticipated, which would operate sporadically and very rarely simultaneously; and the microwave dish would broadcast at a 1/2 watt. Ms. Paul then stated that the lack of cellular service along the 57 freeway has caused much consternation among public service agencies because it affects the response time. She pointed out that cellular service is very important to the public's health and safety. Chair/Meyer invited those wishing to speak to come forward. Mr. Oscar Law expressed his concern that the applicant is requesting to install a temporary unmanned cellular communication facility in an area that is extremely parking sensitive, and could be greatly impacted if the monopole fell in the event of a natural disaster. Mr. Don Schad suggested that the CUP include a time frame for the removal of the transmission tower after the 6 months or any extended time frame. He then noted that because of the hilly terrain in the area, it is probable that 2 microwave dishes would be needed to transmit in two directions. There being no one wishing to provide further comment, Chair/Meyer declared the public hearing closed. Ms. Paul, in response to the comments made, stated that parking will not be impacted in any way since the unmanned facility is not in the paved parking area, and there will be no employees on hand. She stated that building permits are obtained from the Building and Safety Department to ensure the pole is installed in a safe manner. She then indicated their willingness to work with staff regarding a timeframe for the removal of the pole. Ms. Paul, in response to C/Flamenbaum, stated.that there would only be one microwave dish, and that the diameter of the service would be approximately three miles. December 13, 1993 Page 9 In response to a series of inquiries made by Chair/Meyer, Ms. Paul stated the following: removal of the facility would take a few days; because there were some technicalities regarding existing permitting, L.A. Cellular decided that, rather than be in possible violation with the Public Utilities Commission, it would be more appropriate to move from the Walnut School District site and begin the process of permitting once again; though providers of the same service can locate within 20 to 30 feet of each other, they cannot locate on the same pole ' because the frequencies used are so similar that ' interference would be created; L.A. Cellular would like to permanently locate at the School District at the end of the 6 month period; and the facility is typically a prefabricated 'State approved shelter with a concrete aggregate finish that will be painted any color desired by the City. Chair/Meyer noted that there was discussion in the General Plan to consider the 57 freeway as a scenic view corridor. He then inquired if the piece of property is an underground utility district. He also -inquired if a design review is needed for facilities on commercial property. CDD/DeStefano explained that the discussion involving the 57 as a scenic view corridor indicated that any development in the area should reflect that scenic nature in terms of preservation. He stated that it has not been determined if the property is an underground utility district, but any new development would be required to put in underground utilities, and, if feasible in terms of provision of service and fixtures, existing facilities would be placed underground. He then explained that design reviews are typically done for permanent facilities over a specific size. However, this monopole is temporary, and the zoning code does not address temporary. installations, a CUP process was utilized. Chair/Meyer expressed concern that the CUP process, which is typically reserved for more permanent land use entitlement, is being used to allow for this temporary use application. ICA/Montgomery suggested that the Planning Commission consider a short term franchise agreement under Utility Code 6264, which is an exception to the provision that would allow a six month franchise to operate the facility at that location without obtaining any zoning or location rights. Chair/Meyer suggested the Planning, Commission consider adding the following conditions: require a cash bond or adequate surety that the facility will be removed; include a time frame for removal December 13, 1993 Page 10 .of the facility after proper notification be included; and require 5 working days to service problems generated from the facility. VC/Plunk inquired if the applicant would be willing to waive the antenna whip. Mr. Royce Cassort, the Construction Manager for L.A. Cellular, explained that they have requested the option of using either the whip or directional antennas because it is uncertain if the directional antennas w * ill perform as needed. It would be acceptable if it were conditioned as "either/or" because both equipment would not be used. He stated that Southern California Edison has indicated that they have the option of setting a temporary 20 foot power pole rather than disturbing the landscaping to go underground. He also stated that the microwave dish is not needed since they are able to get telephone service from the building next door. Moved by C/Grothe, seconded by VC/Plunk and carried unanimously to approve the CUP temporary franchise agreement with the following modifications: amending line four of the title of the Planning Commission Resolution to read "An application to install a temporary franchise for an unmanned cellular."; delete Finding of Fact (e) on page 3 and insert the sentence "The City is operating without a General Plan, therefore the Commission has reviewed the project as a short term utility franchise in conformance with the California Public Utility Code Section No. 6264"; change condition (g) on page 4 to indicate that the repair would be within 5 working days of notification; add condition (1) to read "The pole must be removed within 5 working days and the applicant shall post a cash bond to secure removal in a bond. amount to be determined by the City."; change condition (c) to indicate that no more than one six month extension of this grant may be requested; and add a condition to exclude the microwave dish. RECESS: Chair/Meyer recessed the meeting at 9:11 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 9:26 p.m ZCA No. 92-2; CDD/DeStefano reported that the proposed project is located Vesting Tentative within Significant Ecological Area (SEA) No. 15 and has been Map No. 51169; determined by the City to require an Environmental Impact Report CUP No. 92-3; (EIR) to analyze the project's impacts and appropriate mitigation Oak Tree Permit measures for those specific impacts. The DEIR review period is No. 92-3; and scheduled to close on December 15, 1993. He stated that a December 13, 1993 Page 11 EIR No. 92-2 Significant Ecological Area Technical Advisory Committee (SEATAC) is in the process of reviewing the project, and will provide the Planning Commission with a report regarding their review of the biota aspects of the DEIR. CDD/DeStefano then stated that since the City is presently operating without a General Plan, review of the DEIR, as anticipated, cannot occur. ICA/Montgomery stated that he had a preliminary discussion with the applicant regarding the issue of the lack of a General Plan. Since the Mayor has indicated a desire to adopt a new General Plan within 90 days, ICA/Montgomery asked the applicant if they would be agreeable to continue the matter for 90 days, without prejudice to any time limits that may be under consideration. He stated that the applicant can make a presentation if they so desire, However, since the present General Plan has been suspended by virtue of the filing of the referendum petitions, a decision cannot be made this evening by this body. Lex Williman, the Planning Director for Hunsaker and Associates, 10179 Hunikans, San Diego, representing the applicant, stated that the applicant will acquiesce to continuance, without waiving any rights regarding the hearings, or the vesting map associated with the existing General Plan as originally approved. Upon the recommendation of ICA/Montgomery, the Planning Commission concurred with the applicant's agreement to a continuance, until such time as the General Plan is adopted, upon the condition that the agreement does not constitute a waiver of any rights. Chair/Meyer declared the public hearing open, and invited those wishing to speak to come forward. Mr. Max Maxwell requested clarification of the applicants reference to the General Plan. Chair/Meyer explained that the applicant has indicated a concern that there may be some legal rights associated with the vesting tentative map. Mr. Don Schad pointed out that originally GPAC recommended 1 DU/2.5 acres for that area. He offered to submit his comments regarding the DEIR. However, upon being advised by ICA/Montgomery that since he may be considered as a candidate for Planning Commissioner in the near future, he may want to consider that any testimony presented may foreclose him from December 13, 1993 Page 12 voting on the application when it comes before the Planning Commission. Mr. Schad chose to offer no further comment. CDD/DeStefano recommended that the matter be continued to the meeting of March 28, 1994. Moved by C/Flamenbaum and seconded by Chair/Meyer to continue the matter to the regular meeting of March 28, 1994. The Motion carried with the following ROLL CALL vote: AYES: Grothe, Flamenbaum, Plunk, and Meyer NOES: None ABSTAIN: None ABSENT: Li ANNOUNCEMENTS: CDD/DeStefano reported that the City staff has filed a response to the City of Industry's. Notice of Preparation opposing the site for the proposed Reduction Recycling Element and the Material Recovery Facility. COMMISSION C/Flamenbaurn stated that he received notice from the City of COMMENTS: Brea that an DEIR has been prepared concerning the Olinda Heights project which borders Tonner Canyon. VC/Plunk expressed her opinion that the City needs to move away from "pro growth vs. no growth" and encourage the intelligent use of resources. She welcomed *ICA/Montgomery. She then inquired of the anticipated process to revise the General Plan. I Chair/Meyer noted that, even though a Planning Commission meeting is scheduled for December 27, 1993, no items have been placed on the agenda for that meeting. He then stated that the City Council will be considering, at its December 14, 1993 meeting, a resolution repealing the existing General Plan and appointing a citizens advisory committee, consisting of members of the City Council, City Commissions, business community, citizen's group, and community residents, to facilitate preparation of the 1994 General Plan. Chair/Meyer volunteered to serve on the committee and bring information back to the Planning commission. He then welcomed ICA/Montgomery. ICA/Montgomery, in response to VC/Plunk, reviewed the procedures for the Planning Commission to follow to receive a legal response on any concern,* legal inquiries, or planning matters. He explained that the intent of the procedures, which December 13, 1993 Page 13, now require meetings to be held at City Hall with the presence of two Commissioners and the City Planner, are to establish a spirit of openness as well as to cut down on the costs of legal fees. ADJOURNMENT: Moved by C/Flamenbaum, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 9:57 p.m. to December 27, 1993 at 7:00 p.m.' Respectively, James DeStefano Secretary Attest: David Meyer Chairman - CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: James DeStefano, Community Development Director, SUBJECT: Request by the Pomona Unified School Dis� finding conformity with the Draft General aPlan pursuant to Section 21151.2 of the Public Resources Code, for construction of Diamond Ranch High.School DATE: January 20, 1994 Pursuant to California Public Resources Code Section 21151.2 the Pomona Unified School District must notify the Planning Commission and the city must review a proposal. to construct new school facilities and determine consistency with the General Plan. The C ' ity has supported the efforts of the District in the desire to develop the school for several years. our participation in the drafting of SB1718, the Tres Hermanos Concept Plan, and the Draft General . Plan all indicate the community's support. A representative from the District will make a presentation to the Commission and be available to answer questions. As you know, we are currently operating without a GeneralPlan. However, utilizing the previously adopted General Plan, a . clear commitment to development of a second high school is described within the document. It is recommended the.Planning Commission take action, by minute motion, to direct staff to communicate, in writing, to the Pomona Unified School District the Planning Commission's finding that the proposed high school is consistent with the- City's Draft General Plan. JDS\mco Attachments Pomona Unified School District letter Government Code Section 21151.2 EDUCATION CENTER / BUSINESS SERVICES Pomona Unified School Distract 800 South Garey Avenue, P. O. Box 2900, Pomona, California 91769. Phone: (714) 397-4888 PATRICK D.• LEIER FAX: (714) 397-5050 Asst. Supt., Business Services December 21, 1993, JIM DESTEFANO Community Development Director City of Diamond Bar 21660 East Copley Drive Suite 190 Diamond Bar, CA 91765 Subject: Request by the Pomona Unified School District for Recommendation Construction of Diamond Ranch High School Dear Mr. Destefano: Pursuant to Section 21151.2 of the California Environmental Quality requests the City of Diamond Bar's response and recommendation referenced project. Specifically, the City as governing agency is to be approve and/or find that the project is consistant with the General subject site. a r77 -J Regarding the ,� UJ Act (CEQA), the 45istricty in regard to the 9bove-`" notified and requested to Plan for the area of the The District has been advised that the General Plan for the City is presently "pending" the outcome of further action by the populace and/or governing agency. However, as you are aware, the City has been involved in discussions, and scoping meetings, in regard to this project and current planning for this area of the Tres Hermanos Ranch has included conceptual reference to construction of the subject High School facilities. Further, the Environmental Impact Report recently approved and adopted by the Board of Education provides specific delineation of the project scope and potential impacts on the surrounding environment. Please provide a written response to this request within thrity (30) days of receipt of this letter so that the District may proceed with the project. Thank you for your attention to this matter. Please 'do not hesitate to call Ed Walsh, (909) 397-4920, if you require any further information. S, erely, Patrick Leier ASSISTANT SUPERINTENDENT, BUSINESS SERVICES cc: Ed Walsh. Yvonne Medina BBK File § 21151.1 f OU it t t . (d) ph of subdivision (a) does n ly to any proj� for which the Statelop Resources tan and Development mission has assumed jurisdiction under pter 6 (comma with Section 25590) of 15. (e) phe (2) and (S) of an n (a) shall not apply if the facility only ea hazardous which m identified or listed cant to Section 25140 or 25141 on or afte nary 1, 1992, but before that date, or only nducts activities which are regulated Want to Chapter 6.5 (commencing with Section 25 of Division Zfl of the Health and Safety eon or after January i, 1992, but not before that (f) This section d not exempt any project from any o requirement of this division. (g) For p of this section, offaite facility means fatality that serves more than one generator of us waste. (Aldred by 1986, e. 1134, $ 4 Amended by S 987, c 171, ¢ 1; Stats.1.9, C. 141, § July 14, Gov.Reorg. Plan No. 1 of 1991, , eff. July 17, 1991; Stats -1991, a 719 .1613), 6; S 1992, a 1343 (A.B.3172), 16.) and Statutory Notes 01- IM Lggidatkas Effective date of Governor's Phe No. 1 of 1991, dated flay 17, 1991 Gov, },12080.5. 1.aw Review of se 1888 California legislation 21 Pac.1.,J. 479 ARM of selected 1991 California ' n. W 644 (1992)00, 6 31151.2. School efts Proposed acquisition or addition; notice to planning commission; invesd. SBWU; report To promote the safety of pupils and comprehensive community planning the governing board of each school district before acquiring title to Property for a new school site or for an addition to a present school site, ahall give the Planning commission having jurisdiction notice in writing of the P The pig commission shall investigate the proposed site and within 3o days after receipt of the notice shall submit to the governing board a written report of the investigation and its recom Concerning acquisition of the site. The governing board shall not acquire title to the property until the report of the planning commission has been received. If the report does not favor the acquisition of the property for a site, or for an addition to a present school site, the governing board of the school district shall not acquire title to the property until 30 days after the commission's report is received. (Added by StatL1987, c. 1452, 4 583.) 1987 Lagwadon Sostios 1 of Stata.1987, a 1452, provides: 'Section L The Lgigiiiiaturg finds and declares thick in 197$, the POO& of the state adept an amendment to Section 14 of Article 11 of the i',a9fornia Comt;tu tion, which permita the ..011atare to anthoriae the governing boards of school districts to initiate and carry on any P0. activities, or to otherwise act in any maanor which ie not in conflict with the laws and PurPoess for which school dish ars established. -it is the intent of the Legislature, in ease -ting this ick to dot more fully, for the school districts, education in California boards of othe m� county people of le in adopting the amendment of Section 14 of Article IX of the California Constitution. The Legislature further finds and declares thak in order to do so, it is necessary to amend or repeal many provisions of the Education Code. "Whenever in this act a Power, authorization, or duty Of It school district governing board, county board of edaeatipn, or county office of education, is repealed or otherwise deleted by amendment, it is not the intent of the Legislature to prohibit the board or office from acting ice prescribed by the deleted provisions. Rather, it is the intent of the Legislature, that the school district governing boards, county boards of education, sad county superintendents of schools, respectively, shall have the power, in the absence of other legislation, to so act under the general authority of Section 3516o Of the Education Code." 4 21151.8. lite Stata.1981, c. 1183 ). 4 16 Nieto and Statutory Notes The section, added by State c. 1589, 1 18, oat requirements for pcoJ� involving purchase o schoolsite or construe - 1 eaviroo- tion of a now elessea secondary school by a mental report ce negative n for any school district. by delleth asterleft. s . 116 INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Planning Technician CN+ SUBJECT: Agenda Item #3: and Development taurant DATE: January 17, 1994 Conditional Use Permit No. 93-4 Review No. 93-1 - Dr. Omar's res - The applicant submitted a grading plan to the City. The plan has been review by the Engineering Department and Planning Division. It appears that the applicant has eliminated the high retaining wall adjacent to the north property line. Also, the height of the retaining wall adjacent to the east property line will not exceed six feet. The square footage of the restaurant has also been reduced to approximately 9,000 square feet. A portion of the restaurant structure was located on Los Angeles Country sanitary sewer ease- ment. The restaurant structure is now located 15,feet from the easement. The City requested that the applicant submit a revised site plan, floor plan, and elevations reflecting changes indicated on the grading plan, as well as a lighting plan and landscape/irrigation plan. Staff anticipates receiving the requested plans by the end of next week. Staff recommends that the hearing date be continued to February 14, 1994 in order to have sufficient time to review the revised plans for this project. CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: James DeStefano, Community Development SUBJECT: Property Maintenance Ordinance DATE: , January 19, 1994 Dirl, On December 13, 1993, the Planning Commission continued the scheduled public hearing on the, Property Maintenance Ordinance (PMO) in order for the staff to further evaluate the PMO and compare the draft provisions with Los Angeles County Code Chapter 99, Sections 9901-9934. Chapter 99 was previously a component of the City Code and was replaced in 1992 by the Uniform Housing Code (UHC) with the adoption of City Council Ordinance No. 3(1992). The Interim City Attorney has reviewed the Property Maintenance Ordinance and Chapter 99 and has provided the attached memorandum. The Building Official has reviewed the -provisions of the UHC and Chapter 99. The Planning staff has reviewed the PMO, Chapter 99 and the URC and has prepared the attached comparison matrix. Staff recommends the Planning Commission review the PMO, Chapter 99, and the UHC and consider an approach that "blends" the. PMO, 99, and UHC into one document. We recommend' that if this approach is received favorably that the "Property Maintenance Regulations" be . carried forward in the form of an amendment to the Building/Housing code. Attachments: Interoffice memorandum from Michael Montgomery dated . January 19, 1994 Interoffice memorandum from Mayor Werner dated January 18, 1994 Property Maintenance Ordinance,Review comparison Matrix Interoffice memorandum from Dennis Tarango dated January 14, 1994' Draft Property Maintenance Ordinance Uniform Building Code, Chapter 99 Uniform Housing Code, Chapter 10 Letter from Deputy District Attorney Bill Woods dated August 6, 1993 Letter from Deputy District Attorney Bill Woods dated June 28, 1993 Original Property Maintenance Ordinance from City Council Subcommitte Leppo V City of Petaluma court decision CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: James DeStefano, Community Development Director FROM: ..Michael Montgomery, Interim City Attorney SUBJECT: Review of Draft Property Maintenance Ordinance DATE: .January 19, 1994 Pursuant to your request, I have reviewed the Draft Property Maintenance Ordinance (PMO) and also, at the request of the Mayor, Chapter 99 of the County Code. While the provisions of the Draft Property Maintenance Ordinance are subjective, they do appear similar to private CC&Rf s, which can be more restrictive than public codes, because homeowners voluntarily subject themselves to the CC&Rls when they buy into a tract. As you know, cities may not enforce CC&Rfs, as such. I would only recommend that the Commission back away from any regulation not deemed essential, in order to avoid challenge. As you know the PMO is proposed as an Amendment to the Zoning Code. A Zoning Code Amendment cannot be adopted until the General Plan, or a State OPR Extension, is in place. 'In the interim, the Planning commission could consider and the City Council could adopt Chapter 99 as a Building Code Section. The ultimate ordinance may end up as a blend of the two. sorely missing from the Draft Ordinance are reasonable pre -abatement Notice and Hearing Procedures. The Chapter 99 procedures (Section- 9909, et.seq.) are time -tested and adequate. My recommendation at this time, is that the Commission utilize established code regulations, rather than CC&Rfs when drafting the proposed ordinance. Interoffice Memo Date: 01/18/94 To: Michael Montgomery, City Attorney CC: City Council, Planning Commission and M Staff m From: Gary H. Werner, Mayor �` N K- O C-) (") Subject: Properly Maintenance Ordinaftce n CO �z w w � -` In response to your January 14, 1994 memorandum I would like to take this opportunity to clearly state my intent relative to the re-enactment of Chapter 99, Property Maintenance. As I requested at ' our January 4, 1994 City Council meeting, the City is operating without the benefit of a property maintenance ordinance . subsequent to the deletion of Chapter 99 early last year (1993). While the Planning Commission continues in its review of a newly proposed property maintenance ordinance I feel it is imperative that we bring back Chapter 99, the L.A. County property maintenance ordinance to provide a basic level of protection of property values in the City. Clearly, my intent is not to pre-empt the current effort of the Planning Commission in its review of a property maintenance ordinance that may be more in tune with our needs in Diamond Bar. 01/18/94 1 M E M 0 R A N D U M To: James DeStefano, Community Development Director From: Dennis A. Tarango, Building official Date: January 14, 1994 Re:, Staff Report Per your request, an analysis has been performed to compare Chapter 99 (Building and Property Rehabilitation) with the existing city Housing Code. Along with -the analysis, we have recommended the most expedient.and thorough method of adopting Chapter 99, should the City Council choose to.do so. In September, 1992, the City of Diamond Bar Department of Building and Safety requested the City Council to adopt the most current State Building Codes (1991 ed. ) .., The Department took the position that, should the City wait for ' the County to adopt the 1991 Codes two years later, we would be in violation of the State Statute which requires that all cities in California use the most current code printed by I.C.B.O. within six '(6) months of State adoption. In this case, the State adopted the Building Codes in February, 1992. However, in adopting the uniform Building Code, by reference, Chapter 99 (Building and Property Rehabilitation) of the Los Angeles County Building Code, was not included in the adoption process. Most of the items previously dealt with in Chapter 99 are now included in the City of Diamond Bar uniform Housing Code (1991 ed.,). When comparing the three subsections of Chapter 99 (Definition of Substandard Buildings, Substandard Conditions, and Substandard Property) to the Uniform Housing Code, it is evident that the Substandard Buildings and Substandard Conditions sections are repeated almost verbatim in the Housing Code. The Housing Code actually gets more into depth in some areas, such as: inadequate sanitation, structural hazards, hazardous mechanical equipment, hazardous electrical wiring, and inadequate exits. It is only in the section on substandard property where there is a major deviation from chapter 99. Chapter 99 gives the City more enforcement power as relates to violations such as property maintenance which is detrimental to nearby property or to property values, and unsightly property not in conformance to surrounding neighborhood, or in such deterioration or disrepair as to diminish surrounding property values. In addition, the Los Angeles County Substandard Property section highlights violations such as clotheslines in the front yard, garbage cans stored in the front yard, visible from the 'street. A I - Page 2 of 2 Based upon recent complaints filed with the Code Enforcement Office pertaining to certain properties which are not being maintained in conformity with the neighborhood, and may affect surrounding property values, it appears that the residents of Diamond Bar would benefit from adoption of Chapter 99. Furthermore, due to lack of provision for abandoned vehicle abatement, for which the City currently uses the Vehicle Code, Section 22660 for their removal, another advantage to adopting Chapter 99 would be. the consolidation of property maintenance and abandoned vehicle abatement into one code. Currently, should citizen complaints be received regarding aesthetic -type issues (i.e. dryrot or other exterior structure deterioration)*, Chapter 10, section 1001 (h) of the Uniform Housing Code, entitled" Faulty Weather Protection", which requires that no deterioration, crumbling or looseplaster, deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, defective weather protection for exterior wall coverings, including lack of paint, broken, rotted, split or buckled exterior wall coverings or roof coverings be permitted on any structure, will allow Code Enforcement to cite these violations. Likewise, with complaints about garbage or junk, section 1001 (k) requires the abatement of accumulated weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborage, stagnant water, and combustible materials. It is my recommendation that we repeal the existing Housing Code, adopt Chapter 99, and format it to the City Code. I also recommend that Chapter 99 be reviewed by the Planning Commission for their input, then brought before the City council for approval. Due to the necessity of complying with meeting notice requirements, the need to format the draft ordinance and bring it before the City Attorney, Planning Commission, and City Council, the above procedure is expected to require sixty (60) days or more to complete. Should you have any further questions regarding this matter, please contactmeat my office. . MEMORANDUM DATE: January 18, 1994 TO: Chairman and Planning Commissioners FROM: Al Flores, Code Enforcement Officer RE:. Property Maintenance Ordinance Review Pursuant to the direction from the Planning Commission at the December 13, 1993 Commission meeting, staff has continued to compare and review the draft Property Maintenance Standards. Included for your review is a comparison matrix which allows for easy comparison of specific issues between the Uniform Building Code (Chapter 99), Uniform Housing Code (Chapters 4, 10 11 12, 14, and 16) and the draft. Attached you will find copies of the Uniform Building Code, Uniform Housing Code and the draft standards as approved by the previous City Attorney. Additionally, a copy of the committee approved Abatement Procedures and a copy of the District ' Attorney's comments including a copy of an appeals case (Leppo v. City of Petaluma) regarding the draft proposal are attached. The decision of the.court case and District Attorney comments should be heavily considered in the decision making process. RS: dbm C:\LETTERS\PROPSTD.PC o � F C �r a CON U a� `dpi �U W �p U o o.� O Ga � a _ y O ON C, W � C A s 9• b A 'O � w � p . V� C� w CN C, y �+ Zi Zi Zi Zi Z W f/� Fi C�. •c� . D• w � •� �! t. � O .O o aoi C � "d b ❑ a�3 c p b .O"A � O C s. 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I' �': ­, -,).. ,-WI�1�!.-�,Z64-- .Q­:��­_A�l U­�_--A-:'-,- 7z"�-* ',7­�--�:- -f:.;:- -7_1 ;­ �- - , '�';., , .- ,Z,-,.-;-,."�-,:;o-,.,'.�,�,*- �'- -r�� ','!�2, - - �.,�C-.iW4�"_-� .--.��l-.-,:.-r-�i.:.--,-z;�-.-7---eC,-�L"�-,:�� �_ -.;-% - ---l , " --jt�. - ..., .,__ --,. , '2�, . . - * -,1.2 - - - ". .� . _. .. `j_'.'*'. n'_ . - . .., _ ._:;��z '4� j��4_ . , - 'k ,,I . :'11' .�: !";,: I :""-; " .��� �,=, -P !kt­.--., -, . . -, . -�-,Q."'. ;-_'Z,!�',�� ' ' - .j�..*�Sr , " , , _: -, ,� ,'._i , ' ' - �­,',� I k - ;f -r� .-Z��t? - ,�?-- ­�- .ir '�., - - - - � '... -�f' - -.--,- .':=.�..', - � �?j - �­ A '6'i"'-,*a"zn,*v,,�"s*'r'u�*'-ci*u'*'rc','�,:;. '. '! ... ... - , -i-�7.-Ir.r., , __ ;;f--,*i­-'A'­-- - - li:. ,.,z;�:'.-�*-:��i','�,]��--��*,��i.�,:.�--;�*-��.:�, -.,-N�-,_�---:6._�r " -_,..... - _... , - , - - ., � �� ­­­­­�� .,.L-' -j-,-,.'.- �c�--�.-,-t.-7-';.-'-:��i-�.'-.- - - V- -i -� .; �.�,._ ��, W., � � - _" .�­ -4 .W� -.-,..(b) BUILDIN s t , . , _­,;�rl , ,­ .v_-�­j!�­ - *' ­ '4�..' --I-- .1� Where" ---",.,--. " '��'_,h;,.,!�;:,1. ,:,. . -­-, .,1._-�1,V,,,, . .:��.,*.` R_- -.,�-�-it�:-L�L'��.�'�,'- ..., -, -':,Vl,;,:,���:�-����.;t. .j: !_;��.`. ­­­­ .. , �, .: 1. .. - . .• ... ­ .. 4��t_�:­_­'`­, ��.*.�,,��--.,-.*.,*.�i-.4-",-;-,.%*.�t�.JZ--I �Ii4�_'-14`"`�;- ­Ie,-54�,n­ ­.. . � - . . ._1 I , - ­ ' '-to . wr - - . .- 1. ' - � ' I ��::-.- , .., - I .� -��,;( - -;�::A �� -:;!Q46) COMPLETION. ..'Wher.e'a'Vdil�din'-'is*'fouiid t" '•b6�*­' b' ' ' Bard due .VT " 7-*:;- -.'�,ff.-..-,.-­v��:V ��_` .;-k;��,-,-� su stan -�- I .. -� 1'4;!� : ­­_.- a . . . -:,�. Z�-. �. _-�:.:j, Z.%,� ­�. � �; ­,* ­`.'��-:, ...-.:,�,�.i:..,-,'-'..�a�'�I."�',�"le,;,�!�PL '�'t­ - - .�,­:;�-",­,­&, "'!�­".­ - . - . -F -L��w ­­�­_ .. ---.. , .. . .. _., ,";. . I - I.-��.-i);7,::�.��!e-�,.��'�...*,.",;".,Iv -i.i;�'­-. -t�.tw­.11 .. . _ Section ---.-.*-" ` .:., ITA �� A:v� , - ­ - .. . . .� .r.., * , , , '� - :.f'&:f_-,:"t-A �p-�,'-h "'�"n'a-'15-(e-en�.:u'.�de.r'-co�sir6c-tjo'.'n f -­_­ " ­_ " ' bl - t -'*a '"d fi �d i * .t etl:�7�*�, ,;!��;.i�,.*�-,.W.!��!.*.,�-...4,.--,�,�*-r'..fi.;,�*'i,-->',;�4. -, � �, ­ or.an unreasona e ime� n .5,.:*,i�-A..��.,?.r�t-,.�.,.�.-.�- J. �` ­ , ­­ -1. avi ;t;". .... ­.�­­ ­ ---*�i'-.- * , . '� � :. ,-.!. � 'i .. - � - . - 4': � I- - - - , :.Al 74�,'!� � *.'��!:._­,� :�,.%�....,Z: ,--,- - ­,C,Z.­,­�.�. ­,'-;i-!,�.: - �,, - -� ---p � *2,z:'-'- i�C.7,�,Ii:�,�. ,-%k:"::4��'�:�'�C,�-_'�': "_�,'-%'--f�-_-L`*-�`, _- L. 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'hi '"vehicle" means a device � (f) d *-� ... � ­*� . . .. .- . ... ... , . I " .. t. �- ��- �,* - ... - -, I . . , * - t* ". .1• . ­ - , any person or pro . d .upon. :. . v '-b' *�ich person - , pe�tv maY be:propelled, moved. "6r* rawn a . . ­:`A­.�', - , - - . . .. . . ­ ' 'human- �'­ - _- - �-..- ` . .. . � ,... 1. . . . . _. - V.�� T- �. . ; , . , f:. 4 .-, -�`: - -,h,kay. exceptinz . a ev'ice"' moved by pq,,.yer or u ..­.-.-,- -.e_:�­ . ....- � . . used exclusively upon , * " -, , , , . , �-..­.J_.....:,,:, .. `.-L ':--EL d. : ` * - , �_, .:.:. . ".,. . I , - ­ . - - . . .., ...1. ... .... '. . .: ...: � . . -_ _.'--..� . .A . � . . . . - � '.... .. ...... .: ".. , - .. . . L ---'. stationary rails or tracks'. .. .. - . , . I. * - .., . . I . ' .. " *� --%. �� �.�,.,j ­,'..�':.*.�;­ . - - , - ... ..:. . �,. _ _ -'. � � �',-, , . "' * . b . . , "' , . 1. : . - ,. � .�.-'­ ­,;:-.'_-- � ( . ­ . _. _i:'1-*... � .. � . �. . `:... .:. � -, : � ":,::---- - - -,- �.:-_.. - " �*'�, , -.:� A -:. .. l... '.. : . , '. . I . : --*---.'.Z._.. , .. . ­ .- ­:.:­::� -�'..�.- .*: ­ -�,, - . . .:., - .. .. '�� _ . -­',-.'-­. � ...''.- ­ I .. * .: :.,.., .*. - I I - . - . .. . ' ' ., *� �.�-.�*.-....,*:--.��...;�-......�: .-. -. * ` . .,� jI � " .� � " - �'� 0SubstandardI -'�' " _.. �:..%,,.. A_ �-7-:�.�, -, ­ -, -`A Definiti ii'of Building , � ­-.),�', 1-q .. ....%--...-7..:-... .,....,:,. -.,--- . . '. , .,. .,. . , , - ' - �'� . . . .. :-- - I . . ... . . . , .. . � *;...­.j�,premises ,,­. . 1. .: .'- I . . � . - ,L-4, ­­- ... ._.. . portion . - -*:1 :. . . - , building -or structure or portion thereo . or t e premises on -" *­ . ... - .- - . i ` * f • ...'. ,,,�-;::_­ A ��-.'..��" '� * ' .-: -(a) Any buildin ` ,*. 9903. . . � w . .. - . 1. ... .. .. _. . . . .. . - 11-� . _!_­.- _.......1. . , - : I .. . .. I . .. . .: 1_--..•' * on . � - �....., .1 ..... .. ) - ' ' c ere exists any . r 7 .* ' . ...- is lo'ated. 'i . of the conditions i ' . . . , diti ' s* listed in . `:�";-._:A �;,'.,��'hic the same which . :- fi, " n I .. ... . . . . . . . � ' ­ .. ..... , .. - . '. . . endangers .*. . *health.* " " ' - � _ , ... Z., . .... 1.,-.:.,,.-, extent _6ndan'2e'rs the . .. : .. " . . I .. . - p ol�ert�. safety L' -Section 9904 to tentthat life'. I�..r.... .. . -,. . I . .. I. ! . I . .'"A .- - f - .. . . I . ­... . . ... ... . , . . - . .: :.,�'..'... . .... .1 . .. .- - � . .. � z * .. . !-,. . . .. .. . ..... � . " , . .. .. - " 720.60 ... I . ,-,-�.:--.-*.�--.'-';-��,'-'.-,,'--.-'--, -- I , .. - - ` . . � .- - �.- . . ­ .., .. 985 EDITION "'�,oar-, h I(b)Any GffififsQ'IQing-s ricture ic!a96'n'able time -kin n �nt le -,construction an d un inis ei other said appearance an oerer conditions .that the iinfinished strdci&6:sb t6iiiially.deli ac th6" Imm ediate"neiffi ghbood, *or. ',reduices . orhood;oris'6therW'is&'dnuisance; `shall bi be a s6siandafd bui dina.� J ....'..'Substan ard Con itions 'M i, 0 See;9904.' shy th6* following 4,g 5 Lack hotd (a) Ina equate Sanitation: Ation.j 'fid, _A, Inadequate Rixturesjp h6fel 6r*.fte : r 701 d 5�;��, Lick"of the minimum amounts.6 na ura i %'�'tliis code:'�,r M w '_ - o -d �di 'less than requii "R' om an space mchsioii� h- habitdble� f6dffi§* Dampness or kV t Violation or any ajipl,jcdble oj�qVisidn"Uf Orc U6.6 -A Health Code.' August25 --19 5, Code' ; tiie building bfftcial by the health officer 3, tructural Hazards. -.;.j or in or structure e,,, appearjin4 I a F_-` such L of the --A clared A L -n "A ite'd E A -L A L A L "A 3�d lis.- .-Par itions e ective., d&�fi&dt�d orJna.de'q'u'a'te -'size*;-pieffib�H'. yX M-0 L• U�Z'4'--*Defectiv6 "�'deteriofdt6'd or inaceaudte..*siz�*�&eilina..-.rtobf bf.�6t.146r hbiiidn'tal,"z ."X t,_,T 5 -4T3�. L �AUPP9_ A L 6' tr��t6d f ii�bla`(�� dr chi min'c'v.�:V.K, - deqdate V. 6 A 1 0 s `5 D e fe c i i v e 7d a ffi zf& 6 d b r I n 6. 2F­i-l:�� r. -or Haza a ck-bf rb�dired dlec'tficdl I i �htin!z A na equate occupancie• h b' "bl L utiets"In �xistin_o� ri�sid•entid s"every a ita e room .­.;..6r*conven•ience 6 A redtoco contain e�isttwo*'�uooliedelectncco'nvenienceOLItICtSorob�s such L -'-."convenience outlet t e t and 6 ne'supP I ied c lect c ixf&6.k--EVcF.y­­j I .1srequi A ..54tqrg.o,Ft.co•mpart-:_ _ . . � "I - ­ ­ L A and public way in -�ucfi*occ7Li ii, aun ry room. rnace room a, iiient,- ba ob r' 7" 1 - --1!1---.;. -! L p, required to contain ai ledit tone e ebtric fixtute.- ancies are :A L ffeci'at ---1• :2. "All wiring exce•p __i n ('ihaf�vh*6h'co'fofrn'ed with af�lilicdble I�N�sjn e "A i AQL maintained the time of installation and Whic as een ained in good condition and is O nLaafimanr.beinused i A d) Inadequate 'orFaulty Pltiifibing.A..Lack -o plumbing fixtures requneld, Isew code: here in this L laws in All plumb in &-"e'xcept that'w which co L h with all dl5pli*cab A �d time o in'sta ... d --A f Ration �hd ��hich hb�� been maintained in'-ood con mbn,an f L .: s free of cross connect A ions L Inadequate or Fa�ltv Pyle'chankal Equipment; A .' Lack "of S"are."adeduate A inpfacilities in a'we inz.apartmentnobseo r hotel.,,: 79fl-M NA L D I N G C 0 D 'LACK oi.-or-improper operation ogre uired ventilating equipmer !llme�hanical'•e'"*uh�nt'incluingen s,,•qip: xcept thaf.Wh ich-Ebr-for ` 'hplicabl�'laW�Jheftedt at_the in�tallaiind%, idhi6h hass-b een M aintain i effective . . . . . . . . . . 'ii'eather Protection: l =Lack of around and Faultv roo coverincl% 71 -F -1 au tv lat&ials of onstruct material of construction *excep 6h 'area b this coc c which dV� beeft"adequawl approve llo%�,cd or- d V W ;thosew L �­mamfi e in'd•in,2oodandsafe' orid it ion. .. ...� •M) H;azardous*­6rInsdnitaii- Pr*�rnises. Th o*se premises onwhich"a"niacctimu- L•• k -d d it.-debris.-'La�ba2e."ciffal.-rat: ation of weeds. vege ation. jun ca organic matt( r. stagnant water.'60" mbu'stib1c) is.'and simila'f'miteriao con- .--ditions w ic cons i ute un u ea ors hi h' 6t d 6 fire'.-. h"""Ith"' 'b ildin'gorportion't er�of whi6h_ii`d&*­-­ d h j ar oii� Biiildi ngs., ny u,-,-,,. ermine • Ai :.ip�.,---tut>canunsatet)uil(iin2as'defirf6dinSectiori2O3btthis'itbde.' I "d vn�4 ri� equate'Exits.'--:All.buiiain,-s*' rportions't crep not provid6d;i;ithexd a,ci i jes as req 'I'd 'I'' 'buildings -j ' N f. wired 'thigcdde except t loseorportionsthereof ti�h6se`­' Vy 'd Ii ' bl6ld;�isif'th�6-tiiii'e"o*fth'e-irconstruct' exit faEilities 'co '`f with a app ica ion F 1•` �d I kitsfor the bbildiri&_ bc-Er"u-p-La" t;hn provi e a( equa e sa e e n :srsl Haia�*&tAfi�,,bundjng or poftion*th�reof.�.d&Vic'*e'�*4"a'ppa*ra'tu�-..iq6ip-'..�:�-. b I o ­FV e` -:d �&ohj i i i o n"a s-, t, o 6 us 6"*� L-- ent, com ustib e 2eta ion A!njcn is in sdth _d f fir&`--`--'." ' .;,..,--,::L:-,�i�,fireof'dkplo�ionoro•ro•vidd�t6ady'fueltb"auementthe sred and intensity o rising from any. cause: A or exp cion a 'Meld• A F• Iri'iideqiiate JrEPro'tic�tidii6f Tir&figh tin Equipment.' DUIIQIn2S S ,,, ­w` v' ' ' - ,,.phofhchare roti Vithe fire-icsistle�onstructioior fire�ext ngiiishin_ system or equipment reiLlbirdd by1his ic"O'de'**.**ex"'c'e'r)t*ihd�e build - A h6f66fwhi6h�'c*'o-'nfo'�r"-"m""-"w�ith'-a*lI alicablelays or portions t ppatt e'time of their 7 1," -construction an -:extinguis ing s),stems .%�ho�&*�fir6-*r*e*sistive"�-'in' tegritV.-ifild 'fir-ei' h :TA �A ��te fir& equipment p• : u I rovide'adeq is jffi)'Iifipi:6per.0 All buildin�sbr­ '"i" Ith6fed 6R6 'a d porions pie or use ccupa L re n'bit"! de's i sited ofiritenided to bd'u"s'ed. ij A '�'­-"-for'aby'purpose f6r which on` e"d* B u�ild_ings.'Wl buildings or porti reof Which •are abaii- '.'(n)•'Aband ons "thc' L Adoned. open 6 `ii "vandalized or 'w A toj unfinished L ocated Buildilng's" orSt * u ures or ructures. Bui ngs or Sir Aportions thereof as de9cribedin Section 6811 L . . ... A L Substandard Property A- .:" ­;::"%Sec 9905. Ariv one 110, nditi constitute or. more -of the fo win2' co 0 s t per A property. -A L a) Substandard buildings, L (b' U hpaihted . warping causin2 dry rot. -arid terrh'ite'infestati on: A -.720.62 _ �- . _ _ _ ...... .. -. 0 4, __. - e''4.. _ ..: a. _ i 1 ..-.a . _ .,x.4=. •.; .. .... . � � _ r.: 3`,,. _ r+t:'.?;i ;'` :i• . �.... _ t - _ . .. 985 :,.: -. .+_ -,' "{..:^•�.tx t✓. _'4. .� •y�Y,k lt.�. �;r'f',.r: ��\y-fir 9 i• - .-.,: Broken windows constituting hazardous conditions and inviting trespassers }:L•:%-3 , ^,�;��'.>.IT�f::: t< 'S1'''P's; 'fS=:`•''.:. �'�: ..;A. arid•malicious mischief•• :,.:.._ :•`r .r. ` �:� :};.., ,d,. .:1:-• :`C.. _ f ' ''!'+ aia:• •.r't _ ;'::1.TkT ..,. a ri`'.^.' -,L7.p_..; r, r L'^ :i- _ .• ai .. 6'+• n-• yF:' .JS . �,- _ar tt`kS • "r�r-. riz eh r!_>-••a>.L•;=. ' a r 3.•: • c t• •i>S. •. .'f . •Y. .t V•ti'• n�•�' `: ad Over�rowri've_efation''causiri =detrim'ent to`nei hborin !properties or;L ,'•[`i�r - .y;^r �-. .t•.= .d .,,k.. .a:w :- ."'a':•f:''.^;��.;,, .f -°'•"::i' ::�! :;t .: i•K +iln %Tr'•"i'+tc�.rr;:y ,7,• .:�} _+-,r o-'; r,�i•:: .c}t. .. -_:',E`�{i s+,'fji,'' .�a.i1:' .^f::iy"ri:: .�.`;-3:';`S:p- ,.0 .-uiri -..:a r.: •'1^:,'`n $:,., -.7, ,Io•..rt `values. _ ;;::s5,.,a.; �_,�, •� �= ,x. f� <_ i. =.. , .F P� Y. : s ..�Y�:.:...�.' .z:�.•���:;�a>: �,•y:.�.:;.� �.,�: -•4 ;x•.��r-.:,���� .�::s�,-: �L .� ':%.j ;7:I".J.y. n-.r-.L',•'yr•�;:.. .d:.�e'�•^''fc-•,s-J'+v�.='f ^�..-a�. y, ..,t y..1�'>:7,:.�. ,.. _.£.--.i=• ^` . �, :Jt. •t ,�:r :.t P .t ,'•'T`I•'.ii F:+�,.._t•�K>v.Jr•!eJ.•':.S.+�s���Y, Tweed �.�' 6. 'weeds' 3-..... s "and debris: u. f _ ,x r ;_,,j rt :s�.x.=;. ::,_,: :�.L: . Ji-T.•".:.'d :'.`:: :''.>,{: �:^ -✓;i�'.r4. jF..rL b "v-.i.t:•vt:.::; ^:.:::; •� 1:t onstitutin �unsig tl a arance I :S { l • C C _.Y.. PPe i..}• oy,{}T:� ` A� }i; w•t'�y-^• 7;:,`' _ L > - L ^•. •('tsps :rF c.;=_'r';' 'A 2. Dan'erousto• ublic safet''and welfare or...:�•:• {: - .. _ i'i.. S{...i4:,• .cri7 .err•..._ i _,•ti,_ 'mentalto ne bproperty'v� =A ar i•o"ert or'- slues. .:, Y Y.: P._,._P, .- .. `:A . Trailers; °cam ers:�boacs and other`mobtle a ut ment"stored_for" unreasona- M P •9 _ P "ble periods in • and areas contiguous to streets or hicih�va s "and causing de 'recia A ' «„a -•i' J' t '•ear ro'• rt � aluz V of n b - kr. Y' Pe '.� P _ _ 'A 3.i j: .�� : L lno� enable or abandoned motor vehiclesfstored for unreasonable' eciods on i _ ••��o•f nearsY- "roP'' er-t Y` - alues� _ L'thepremises'ard causin.o.iePreciatio P 41 - `A t acts a nuisan's`da` _ ��tiie` •r: h •At r en'serous to children in fo m of: _:�= f. - A r - aridone an b ok n �e � ui e �t' oi ected•m chiner�-�••..�•�•��- Neil _�:��� = _ :.>� �-:_. <>�; �.�.�'� ;.L . y • •f'=uT� - :_:�', .`rte, T' • - '.:-1:'• -?i,t: 'i.1v;: i'.:; r' 4ti•:: •y2;e•J--..�;J:�= :✓.':t:"iiar=f>::” '-l'-•iL,�: '`ii '.'' __ ij Broken ordiscarded furniture acid household e ui p ment`in 'vard 'areas for :L �-�.==_ _ <F ,+�`. .'1i _ :!v +!1:.',y:-.:=. .':t.^.. - -.., 3:t.�-':'�r :K`yi?=f{.'„• v"4.:. _ ..'Y.:...j. - �Ry Clothesline in front' and areas• y= - •x - •f, - :..: :.ice :riC - - -r.. - ' (k) Garbage cansYstored in front or side ards and visible from-ublicstreets. - :A i except when placed iri'`places of collection -at'•the times_perm-tted and iri full A � ' ":`coi?i liance with- Section' 1. 707.bf`.Ord'inarice No."-.: 860:Fenfitled .`Th 'License :a r:�;' ':�• .!' ?"r+.f• r�"✓.^ice_: �{�=rY �: .-:t•� ' 'Ordiriance adopted_fovembzr?7;319_ 1: Packing bogies andJoiherdebris s+ored tn'Vafd' d visible fromliublil streets A `for unreasonable periods, L i'. 1 =rT !t1 +'_ ,L fir - y A Neglect of premises:: r „• .r i 1 rt �•- a� l L ±�y •_ >. _gy j4 .�'y;_: r;. .._�. r -'+•-:-=,t, Lam•• 4 �7 i f �{ '� -A .^I_.�.tl-i :1 t L A _ ; ' �l�To spite: neighbors, or �r ^�;,, _,;} �:'To influence zone changes arantma of e�cepttons or special use permits or L 3.7 cause iietrirrizntal effect upon_nearby property or propertv,values: Y _ L e -,, .A •n Maintenance -'of rernises'in such-conas s to b detrimen talto t_he p ciblic - •. :_:..._.. :.; �...:: ••:7 is ,..' >•!:: .. .. .. - .: �..::'--"b'•:: _.,�,•_,.a s3fetV Or Qerieral Welfare or .in such~`manner=d8jo°,constitute'.'^a'' 'put) A ` _ ,. .F L - - - - ' - _ `nuisance as defined by Civil Code Sectionl38Q 4 (o) Property, including but not. limited. to buildtn� exteriors tivhic h are 'main- - A'' _. L tamed in such condition as to= become so'defective, unsi`htli or in.such condition A ,., . _ -i of deterioration or disrepair ihat'he same causes -appreciable diminution -ot the property values of surrounding property �r is materialiv detrirriental, to proximal L .' ,.properties and improvements.�This includes but is not limited to the keeping or L .- ..Y . ,....,: : . "disposing of or thescattering over the: property or premises of anv of the fol o :v- ing _ 'A ' L 1. Lumber. junk. trash ordebn's A 2. Abandoned, disc irded or tinusued objects of equipment such as autorno- L `biles, furniture, `stoves. refriaerators,'treezers, cans or containers L :a �. ..A - 3. Staznant water; or excavations A :t 721 "'d bySeEfio ppea th­136ildi6g'Reh Hi Determination. b�Co­unty n, pail L also'ffia� order zl .77 required bV thi 'chapte�. he 'may give to Me occupants or thc'subManda�d !.,rI: h,.S,x�;, r, r-, :. ..,••.re�.r r`t5•_ •.•1 S..�[s�3.+?�j;>•;i.ta`xrjdr';- �•fer`�: `'•":i`:ry::r,=:t:_'ti'*� i-rx-..< r;•: )9909-99130N�.x.,t�198i Jrjs`M _ pro perty, and to any other person whom he deems should be so notitted, intorma _ ar .;, i•+%" Y.1'.1C:1: M.•L i•t.A• F tion concerning`ihe``provtsi6ds of this 'chapter any y'iolation thereof; p e r s o n'h b t i f i e d may comply and driy 6thi5finforriiation �as he deems expedient:�He ` L° • ..+«t'.q•s •„h.: ,.. �•-� .-•p ...:'. A4t^;•, ;a-: �:, ` :� l.',Yy sr,.�.7 ,r...! , c '^ ..•.' '�`•,t''•i• >�ri•'•.E�C`•�i; •::".: •;Fl.. .<`ni�t:itii. „�'it.'.=..-,•..,.;t,-rt�:yc'.�� �.,::'ka..,,,�..,.;ith. L• :•t'. -i »�`t.'''�'-..a •i l.:,7...ry,:r`:iFi':h -- _}�:�-".•-' .!'. w.r...[+'•'...?:-x. .c �.a.•°.tri.^: A=.�*'.i?':i"- �' _,"c', :: .baildiriQ. s a•,,;..-� ,h Ji<F. `i �::; _ A �+�, �, titr�v<.Hitt, : .r 1 , 3. Y = r+ tIi • l r r . 'h t, 'r. + moi- t V r f= <t� �•k t L Notice of Substandard Building A �t 7t •,t i •--...•••f i ,.:r s -r .+° ' f ..1..-r1! -Cr.�.•.: '�• ` -.� ._ �• i �3: :! -...: .. .....r..._,i.::-• i:' ::•a ' .,..'' �r .-._yeti.:'. ,,, 3. ,•). L c.'.9910.'If, in the'opinion"of^tbe county en�_ineer a`buitdina is found'ro 6e1� -,.°.:substandard as defined tri'this'cha tet the'count engineer shall wipe io'chG" arty A :concerned written no the the defects'thereof. a sl._.:r,.w �..� <_:' =tie°. - L .ti. Qr o u' 'w`ec •ar e- �f lie' Idin cir� �==The �tiotice•`ma" �re�•uire � the �o n r`�or�: �erson`inh 'o : b t r y 9 p "v ` e• ~_val X. remises to complete there ^ured.re"airs; irn` ro emerits`demtition�or r mo 'L -of the building or ' ortioris"thereof within 30 days, or such otFier time! limit as the - county"engineer tnav`sti ulafe: Such notice` -ma also're wire the-buildin "=oc- A portion thereof to be vacated and not reoccu ted until the re `wired re airs `and A ` 1• �c-t._.-. Improvements arecompleted inspected,'and approved by the county engineer A A ^`- K . „perso-n notified to vacate�a substandafd buildiriQ'bythe county engineer shall L =: ft . r+ .• vacate�within-the`time.'s.- •cified in the order.-•,�t-:=�..-.. - t _ _ °.'E`CCEPT10Ns Wheneer anybuildinQorstructure orpcirt on thereof constitutesr- L •ani "mediate hazard to life'or property._and to the opimon of the :coumfy engineer the is '\'? ,'.. �,r,.: .•._...t_, :iM ..S. r. ;:conditions"aie'such that:repairs or_demolition or other work necessary to abate the A '•)y ;;Hazard must be"undertaken sooner th5n provided by the procec"ures set torchin this'` L �: chapter. he may make such alterations qr repairs. or cause such other w orkiu be done ; L .'� to the extent necessary to abate the hazard or demolish the buildin6 or structure or.: ins ' theieof ss are necessar}�tEo protect lite"or property. or both.'aftec Jig ink suc;]A C -R -_ notice to the ^artier c'oricemid as the ' circumstances_ will permit or w iih= ani notice `` L - .i r. � whatever, when `tri his'o tnton:'immediate action is necessar�:'� 4 � f •- _ P A fL. 74- ti''t - Property - a arci • -6;6f $tabst nd - `Nolte ,:� <=::��'�:;-�= '•:<� :•if.ii:%r':Y.'-r: Y�ti4.1:. -_:1..;y' _ ....y_;y.•��'•t..ie '•f:+a=-,.r' _ '?i{a t: ., tet%: l^• '.1 s;Y •`Sec 9911.>If,"in`the bpinioii•ot the'';county.enQineer, pro perr y,.is'.106nd.to ; 'substandard property as defined iri this chapter the cc%unty erigmeer shall �i� e . - A ;1 'v. W <,. •tt the`conditions which make theproperty . :the'• art concerned written notice"5ta n_ P r,.. .n: r '' A ;.. .T - r.• . f _ .r. _ _ L �d�a: _ ~ii stars ��s b -t t. P I t e notice mayre~}uire.the owner or person in char_e of the remiseslto rcmo� e:^; t �:withiri 30 da s,'or:athei-bine limit�which_ttie'county eriineer may sti ulate the Y _ _ P...F.: L .. ', ' :,. A : t e' ro- erty to be substandard. If: in order fo colli Iti ttn X: . t.:.:•, .,.:.conditions which cause h p p ,p., _ such notice, it is necessary to remove any vehicle or any part thereof;!s6 ,h'nvtice p . f. Mich vehicle and the'correcf identification number :.shall include a description o s . P .. .- and -available ,- es t.license number, if •at•th _ L - L '. j Cornbining Notices - A L i Sec: 9912. A notice of substandard property and of a substandard butldin vn A such property may be combined• into one notice. L^ •' "1 `service 'f Notice t: S&.'9913. Proper service of a notice provided for in Sections 9910 991 l and ;9912 shall be b ersonal service or by,reQtsiered or certified mail upon zv�ery . partyyconcerned,'.by .posting on the substandard building of any, and upon `the L - 723 ' NG 'o"''--""""�-" '-'­_­­­`sbbsddrd property; anN.-acop} 0f the fi6ti&jt§MI be areascRabl A effort t has 'e'e''n ma c n registered d `to kf-Ve such notice.0 )r certifi�d let-fers q. omailed s of hind6idd party 'ahkn bn-the6fficial r&cbM.',`:!z`%I' :1V en a" n. address is'n6ts6 li's-t-Ed i5f ema eatt the listedaddress.they' h contact cannot dri thd,��bstifidaM b 'ildin,�.Jf �M`qtherwjsc u0ori the L N pos ins! service sha!I b 'b t' '�bb'gtanddrd pro' W th'" r L .*, T" perm a copy,o e notice.,Ie A 'ithi period i�.- sonsi sic is requirec _1 h� designatc own -r or per Ci c6ffip v %N ot cc s Ii such i h�ll bisnn­a.�'of the'date he -receives suchnotice V - - - L •- YjJ service or.register6d or"certified ffiai1.1f sbch'n6tkcjs'bV pcisting'.--the A*;f`,;`de'si2h•ate( pprio •s a ei*th-e-datc of po'stin 2.,*l�i...,,:,,�-�..�-...��.T��-, I I b 6 i i n '10 d a -_ v"! -s'-'f'o I fo-Z. i - n ­ f 6ffied others •t .;,,.Fa i I u r� o any owner. party concern er person o L i�il ff h"' A s not a ect t Cyalidity*Of an proceedinv�� tA6 heriiju­ L 'APatties L• A the' Notice' P•h repair 6�S'u"b*s:*'t'and�rdBuildin2or, roperty requires t --or in ecessary to '7­�S-A "de- olition of. anV building -and if the demol ition 'Or.other -'wbrk n a t L ',' -­ the subs iiiid 'fil c6fididdris'set forth iri'*su*bh rioticels no compete w 'A L �jhe time specified iii `iiich notice and -th*e..countv.,,einiifiE*d*int6nds :t6�dir&tly. bdildir�i-or*06�tjoh§ therd6f."6r �ddse such" m �­.proceeci to cie o is hC'slibstandaid 0 'do h "t"' I -he I rd 'othe A rP -,ot er wor t e ne to the„ exten necessary to:e iminate Or "A ,rsu'b t n-da'r-dcoed itions' which'hav". e"p—...foukd to 'exist and, cu ent L recorded in .. theoffice` VfAhe"'Departm6rit W:Re'�istrar-,Reco r • r rt 0 ope. _U Buildirf& Pr : the ecoidati' n of the De�laration otSubs'I'an A U;-54d&b 'eht de 'cnbe§ the pr "'it pl5du9ti, t m s opert hat a person o er yornot, • -property or any.. -.t-6nCe'fh6d.z'.ha�':ahy fight li e ien or. interest 'in'thC 2� A• F,• --and suc•h 'd h'P'e'rs'o`n' has •e b thereof, c re• 1p�6n notified* bf th' 'su stan nand din or pr•o•per lybeen served a copy o t e Notice of -;A,`1,�b d est conditions or previous `i"-..;Su�,s`t`Andaid Builchng"or •Prpipie* it" d th' dr6ssW �Uch 'i i sk i i 6 `w- filo- t h'e A y an . e ad persor ihtverf2int�er6i6a�-bi��'c""e�ii�Li�6a6y.Lh&exef�is"e-o-fdu'e-dilige'*fii�C'tlf6'c'"O'iiiit 1. ZIP 3 of the Notice of Substandard B uildi opest y.on all serve a copy ng or Pr before ,`g h may request a hearing -6d6d in this'cha'p'ter. S664ji�rson uc person a�s pf6 R e n vmtinR �ildin 2'Rehiibilitation'Appd�ls B6&d.`-�Thd r6quest must b -ffiddej' A" 0 i6'i6ceipt'6f the­&6'p­y"6f -Substandard, '-ft6'thC*Board withini I da of tf. th6 L•• uil8ing-8,r Propehy."If a'N6ticd bf Substandard Pr6peft'�Aocs not"r,equire'the -B. demolition liti6ri of any building ii6'n6dce­n­ d bCiNih to*a,nv person other*' - pair or need -ty concerned. L­­:,-.`,tha'n__a� pa."r De•claration* of Substandard Buildin•g or• Prope y.,,,-, f 9915. The county engineer may file with the 'Department Registrar - A` cc C L - .'Recorder a'declaration that asubstandard building " r §iibsta'n*da'rd 'property or 0 both have' been in! found to be s�6,qs, defin6d in this'chapte'r,*ihid that A i1rid A all parties concerned i d have' been or be notified. After the county engineer L b A finds that the public nuisance has been aba. -and eith'ef'tha' suchabatement has d at no cost to t e count V, or that such costs haveleen laced c6omplishe -ed ,been a h t L . !%*'s " " S 25845'of.the upon the tax rolls as a �special assessment. pursuant to ection A L Government Code', when 4th'C­county en,-in-e'er's'jufisdiction hds' been' pre - A by government acquisition o the •Or6�6rty,he` shall re&6r in ihe Depart= 0 ti whether such �1' -._� - a part �76rtio L b declaration. A 'Ment of Re2istrar-Recorder a document terminating the a ov L EDITIO L '..Po�tingofSigns:.�,*� N A cause to d s 'A 9916.1 e doun y.engineer may Y be poste at suc sub 'R S ec''. �h'"*­ 6­ �a 0 i"fi6tice"' f sbbstah' L d�R[ buildina, 6 •and/or a si•gn to j b6ilding or pro•p�ity F property; A bk' L 1,re BUILDING �!--DO, -NOT:ENTER DAMAGE;�*BY-'t7­ ,SUBSTt&,NDARD I . . .. 1� A A IPENT'.OF PUBLIC:WORKS- U DING. AND 01�DER OFTHE.DEPARTIN S.• contain 'A ;�_:-`SAFETY DIVISION -COUNT•Y..OFLO ANGELES.!' .1 Lich L trier• '-su• A t-� 7. ditioind info 'th "of the county engine rmation an warnings as in e opinion S i6n'shall rerhain posted until t 'requir•ed r�oi.k� e eiis oEdient. uch notice or s ar idon, removal, barrici 'Suchnotice idihL, or�ropertycieanup are comp etea,�' A• di t ••f thoui permission o the county engineer an L shall not.be removed Wi t. 'A and acAted, no pqrs'on'shall enter except ara b�ilding has been ordered v L aldrig the r6qWred repairs or of the substandard ur pose or m A L W -,z ni., d' u: fi He ht jeariann*egi A -A 'h •Hearing. ny person aving any rigy t, tit e. ien or interest in (a) heann.� -,-A- :6 h the'�odnty may reques a the proper y •or any part t cre 'ding the substandard c6 -6f a builds or pt­60�ft•y 'after the buildin!z or regai nditibn' ee'i'shalIbe­.`*.*..L o'erty is posted.,A request'by any person other than th-,­cou­nt,',*r enain. to 'de in writing to the Buildir[L(g Re a I itatidn"Ap"pie"als Boiirdixiithin 30 da�,sA L gz. 7 h 'b I a •lesi #op�rty is posied.2-All O'ersons who retob,�hec�dmdvappear':*­-- -­'.`�-z;;`J`f'the building or -A Board .to show the"Vdilding-or _pp L 'Jvhy','th��,bO •h .." �� -`� '.­ If:""*, --A __..�.-,.,.'%.,property is.or--is not u stan ar or. o, s ow cause.... _A!_­';�'• - -'even..; s b ii1ding. -h• --derriolis ed."fe•vaired. renab* 'tdhdaid.:§h6'uld n6t be'o'r ere r A d' d bar�­kaded.' 'N bs h� :r..7 ta e A L d or V*�c4ed.'-- e county eng 'h'' *i6'.'Afee'of$'-)06.'00�h�llb��a'idtoth ineer*w hem-vor L b) Re earii A - son requests a rehearinii before A per f the Bbildin'� Rehabilitatioh Appeals Board to �ading'todeni'o`litioh` -vt, f. emo al reclue•L 0 qad postpqn�ffie'nf of county action I 'other "a at&he Ilse A • ':propertyqIe:a.nup or, 'procedup 5,,-P�-z' We• b" h f 'a rehearing - find A ch co side�rdtioh' may IF' d n CL wil cons idei all evidence SUDMIEte an a er su "t��if�er postpone- ent is warrant 6d and so� braer, or may f I a t ""A a pos ponem n der"edj"".g. 1.!7. is unwarran ted grid ibi�d�,r..ahv':iibdtement.wbrKtb .4� fidat6 • th­ neer �shall cause.'*--.". e C!ountv:en(2i speci ie _�te atter..wnic L A may performed oi'bbffibl�ted AX�iffiout further'fi 6tice: -T-he'' Boar' to c `;alsothat further reh earins!s, are not warranted and order 'that '*no ur ther rk. In the e `"tehearin2s Will aspect to any or all of th.7.'Fequired %vo h granted be L nted wit re� L sucheverit 'of order, the 'county -engineer reject reques further shall rejec ..t .for A return -any fees tendered. and any such requi!st shall be L rehearings and retui A ,. shall considered to have no bearing on the matter and in no waythey postpone any, , % abatement action ordered by the Board as a result of a reh�earin2 Granted under this A e county , A �f6ven't`&" Board itself or *th section. Nothing in this'sec*tlo L section -.,. .engineer from bringing any matterA efore the Board for.rehearing. ranted a rehearim� v4ihoui - L The county engineer or a person affected may be L A L payment of the prescri edfee,*pf6vi ed the county'eng�inee'r first determines and b AIlk) mends that:.,:�- L A rt 1 The'pu os e A the ., re eann_ c complete --' * & is for an extension of tim to ' h L rp 0 A ordered by the Board an 7 725 5 N ML ^'ai .: ".?'.r. I i. •`'' =-'.L,`,^ L- :........ �''!c,•, t.r_^,•.- - - vr,,-.��.. u, ;.f. �_ :.'*:�'Y�'�,n'E' fv. �+'}�;.: �"t�^/7`:. -U=. .,:tier. ),,.?..-••;D .tom - .iy��+.i:_ .ri r.. ty� �'_ i•:• :;•"� R' .nt� _N:"- :�c: ._d:-. 3•-�� .h.4ti�.•. �•: t' V �;•_ Substantial ro_ress has 6 en 'imadein ac.tcordance with the intent ofthelasi - �!. i- Y T ,a 1,� h Y•F+..:' I':`I.T.--i'v-:�•t„•'':-':�•.�•! Boa4•-`•' ¢-:T;-r_4 , as;;.�... y:-....::.+= :'c-:_•+�'+.. <x� �=•.m -'t.. : •:,; ��t,.:� _ �:,; �: .� rd order or-�.r<�W., --•r.y ,��: _ _:,. `. 'X: 7•... iS. L .: f i• r.. •.h l��< a'r'.y.. ,� c'^.1v' ::}kr'.`_.r� ,..=1'=Y•':�'e� 1 .F� JI:�' ..Js,'r .`4." T. J.:f. i1• r.'rt• kv:". F•.Ja, 1i' /._. - :'Y:r.,. -e �v, .:;=:i L»• !1.. �:^-.i.SS. .•ti:��.A�Si,-`.;`a1. '� 'i::r•� Y^r-J:'^,;:.', �•'t=r':•;5::: ircumstances warrant further further ceview'bf� the Boa d' .:?,C•� - � n' - ,r:Lr i• sr:_s;- ' ^i•:' Jn.`r � -.y' � i5.•,.::5. J :.,•.. .}: >,-,-._ i :!t�' 'iF: :'i.• 'Y ae'`tli-u_ ..+e=; 'Y•C. ^1J.•?`5 'i ...,ek'•.:�: »v:O? .:�. !:•i'd<, {;;f,•Jr't. .yiv�•.. :t._ �?,:. .,ytJ., ..,�,5"• Fy. .ao :V;•s,sr,!-. 7t �, .+'�c.• - :r: - - a �. The couritv`eni?ineer shall notif every rson w s _ _ r } pe who ha, reque"sted a reh6dnn a cif `••,:.. i:^ 'i' .• _ `w,, :(.':;::.. :a • nor;_ ;•t'=.Iti..c._:-!+:;1 vJi 1f::�•..h.;?.r.•,=Z*^_ST,..: t:•r..'v:,,�i':n �...::� •rw. �'.'• '.tr1f:: +;, ..-. �_ the time and place'tliereof or the denial thereof as provided in Section 99?0 of tlff s : - i•r:..�' o;F.'•i �i:.rt"�,.,:�;Jr.,P�l::.; -.•moi+'�:J•-.1.:•v i.>^ n!K • p 'r' i1S yt. •f-�.�•.•,- ve eountv'en inee'r rria} Uut: ti '' h• .-. r.q � code.:exce except ersori who lies wai d such' notice Tae ..i.-'�: •'i:ir:.' :r:L %�: :..�, ,,._.,� ;.; ,cy. ,-__.::. .-.:j' n� o`s:• ,r j+<nC 'Ja Y. •ri ,� 1 is not reouired. to eive such'notice of fiearing to other' rsons concerned 4" h ,1,...' 'a,. +.Tra•i!o-?x.: :�.>1.•�. ^;;; :+-• C+'T"u ,'a.+�,::x�. ». 'E. a..k .•t:•✓.."'NO` cJ:..!`�r,bJ:.S. '•f�•....ts.Y'•'•?:4.. T'J..?.•�.!,c 7"C •r3:`_i'=;,.'c�: - SJ: ,� t'• :t The-counril• "en-ineer-'shall _nofifv_ all ersons 'wha'_either;have,re nested a` _ �7a• l,Y'- ..f'C3 71�t.. . ., :'rehearin o • `w ha- • R R •^ - L' =:�. r who h e comes onded with•fhe count • Engineer concernin_ the case• f the action u' ,. ='o t on o the B ild' e a - f in_ R h bilita`ti` of -:A:. peal .;,�:�:lr _ •p• s Board s. L- P. t a.l L ... t" ;^ c^ hides Bee e To B Removed. e o v' � o ner f -such . ehicle��oi-:•the�owner of the t - A - and- w 'c 'v �I on hi h such epic e' '•r 1 is -locaf ed rma1�'re ` nest a ea h ririi?���T}iisre• uest•shaIlbe �!' O w 'acle ' _ . m n ruin the u' i h Building a1s�Board�v�it ppe• hin:10•days�after the of notice of intention ate a d re 'v J :, , b n mo e the'vehiele: If the o� rier of s> ' A _ r kid. •-: -.� - "v L. ;=;` e•' and o w _ th l n _hick `the' vehicle is��locafed-'submits��a •swor'n "written 'statement - 'den n res � o `i _ s a a ns bilit'� for^fhe nese ce f - e v� 'c n o the ehi le on his land within'such time • - {..-� - rod; this'staement"shall be construed as'a re nest 1a _ pe q for heariri which'does not s}.�!r :+:�• - ter uire the reserice`of the"tw _ q p o ner submittin.. such rek'uest.'lf s,icli Wit:: .. '_,'-»c",�i'L^.^�i ~••7- r:..,•' -: :'f-. .fit - Via'-. .'r eceiv ed within such period, the 'count}',en�ineer''shall shave the :acithont fo �. . i s KKJJ:,,,�J. ".� - •:1•sa,+.Y ..� _ '_T;v;:�:-+`� l.`-'.- _ •r�;i,G ..f��, _tr Ji':^.i}:.: ��'•: - :r •. 37:T:Y.,•5...,•_ - {�.�• •' L rf ::. t:'S. \� K . ^,t v... ••?n..:'.. Wffi,N... .H':-' ..:^.[...t.... =F • �= : r: ; , re' 'ove he ve z ?� _ rt t.m t hide:-��=•ax. _-��:.�,:>i= �,��..,:,� �,•� ��:��_.. -� r"� 1 � i<ti• • 1+=: ,. is � �+: -.y. � a.r+�y% �..;,: -ri-�L'. All rsoris•described in Sufi" ct a ra -v � ' - ,:r_ •-�.�.•, ^ ,O pe se i+on O iio e`shall be notified that: rior to •a. ;X -.-;cf 1 ec? ^:�^" . 7: :, T;• - - . i -.;•c e -:r :•... - �S{T "].':+:'•''ri'.:,:. "'^'y :'.� . ;abatemenf'of the: ublic`nuisance'b 'ttie"count the"are .entitled. 0417 `hearin_ •tr'• a:•"`',tT - ::h' `v�5'-� -,ti:iA '=>:;i .C-,, u.[?::%f:•r.:. _ s:zJ? sbefore the Building Rehabilitation A ealsrBoard and a'with pp ghat if they disakree _�- ••t-. :.+:.. -Yy :.^. Y"JSi�=.. :'t..��.: .:�J ••�.�f:"- rt'lw+... '.K:}`=�."-<; :t.th- p?}.:. _ i,S%-'.2'c_..E-d •`ice.. VC. yc• .J. ,, Rehabilitatio:'t^,^n{,{l✓: zeaIs7:..1?Boa'y7.idtheha �•r _ - `�•- findin_s and orderof the"Building A ve a :.s• - -� A' �t Ti ht o�a -ear and vi' n be hear d�`�b a of an a• "ea _ ti �. l;�before�the' Board of -Su' �rvi-' _ PP PP. Pe - �.L �s �e �a a Ho er ��i •the •.��F.crs `a' :-A , v o r est5��'in ritin.,;��a hearin_ befoTe`tlie'�Buildin_ mss.,5.; ,. i - 'Rehabilitation eat __ _ `A� s�Boaid within;30�days`of'riotificatiori,�or i.f the•'fail`to� �•a r a sticii-a hearin_ v<hich'ihe •have re'-nes'ted�the:�wiIl-ber+deemed •to have PP. _ _ - .}....:__�. ;.s•ti. q _- . Y: _ 1- ,�P_'•x=,�x7:_3t:L-"yt�,. �.y: ma=r.• .^,.`.• _u};ii•:� -:..{- _�.a• _,r�.: •. - .:.•�'. :3• :[t::` 'a. i ,:.s;•�'a.r ^'GM i,., - _•.t�,-v :�.` •'TCc4".71, yam. S•ia .•0, � . - �: L :w aii ed both 'their to a hearing before the Buldin_ .Rehabilitation`A els .•,rx?at':.^ma:, -=.S,r .�- :'y' —7, :rj:. >ryy`.•.} - :Y•+• .gip - -:.:r._. ,.t_-..•. PP'. •,•i 'yid`: �.��- -;�,j: .I •. _ •.•,4r�"r.--7'•',r.�t�. _- y}' Board and their'ri'Qht to' a al to the Board of Su `e - =�:�(�PPe P rvisors. - -G- :moi •i - •'tom �•.t)"'^ c4f1-�...,�.• •ir-a. . ^iL 4 ICY, ;.Hearing by Building `Rehabilitatioii`A eels Boarcl ti rl - - 1-' r(Y _ ec9918.-The u' B ildin e- a to R h bill tion'A' �ea - _I5•Boad`shaIl•hold a hearin_and - -`ar :'consider a c e v' - lI om "et rife idece'' n of•ered b-- - f 'anv 'erson` eitan• a - p inQ-to"the �m tiers - }' P.. P - - `set fort the e r .�,v. forth r o t of the- u.. - - - -L co ri ericineer.^ - - - =his" P t} o' The Builth a n Reh bilitat'o• i n•A• e�lsBcar• d•shall�make•writtteri findin_s�of fact- - � PP o' W g - as to hether or net the btiildin or ...ro..re •. •.= :��� p p rty�is a'substandard building or subsfand- 5 A and property as defined in this chapter _ A Hearin L' g Not Requested A- Sec. 9919. If neither the counfy engineer nor anv other Person requests a A hearing and the substandard con�itior; as sct forth in'the Notic4 of Substandard ` r. . 7 A �Buildina or Property is not con leted within th tim7 e'S ecified in'suchrnotiCe.-the� A county engineer may demolish such portions: of the structures, or may cause such ,'.q • :other work to be done to the extent necessarv'to eliminate :the hazards acid other . conditions which had bee-ri found to exist'` ` ' :q 7 ?26 ? 985 -NoUe-6tHe6rin' Hearing ;r.: .W h e 9920. If either t ec6uhtY,engineeroizffiyoth'r persor -.-Vfthin me, proper,time as proMe'd in"Section, 9917 W this R6hiibilitaii6 p fiA dd s'Board shaIhliold such hebnnQ:'.N& les hearing the county engineer shall or cause lobe required by I D law or e service o summons or y first f die"N­*-i­"�'. f H e c'opY6 o t c e 6 n p" 6` q4" pyery person uires *that the Notice.bf SuVAdridard Mldina' or Subst, F!, Fbrm"and C6nt'en'ts6fNotic6s-"-"""""',--,-,*-", S6c. `9921.- The notice of hedfinci'shall stat*e. - 'i fo. i " 1 The street. address'an'd a lezal description suf f icien r den .. ti premises which'is su stand ard oFupon which the biiii&ni is'locat' F: 2. The conditions b6cau's6.`bf -whi6h`thd_cb�_nt' y -`e-n 6zine_6r'.-.be-1 building or propertyls substafidaYd.­`,7-v.-`W. r. place of the'hedriria*.'-�..-x.--�., `3 'T he da P osting of Notice 0" iv,gays prior I -eithc'r­in_,th­e 1A n this'ch'a­`­­"�` ptpr I -Pr6peftyA " be-r--�-'L 4 r - L A AL ,,;cation of the ::7i'� A e Ve'd that -'thy` L 'A L "A L Z 0022 The count shalt the notice "of hearing i A ec. post on, co' or e icuous place substandard bdildifi'g'irfybly-ed.`if a 11i" con'sp on 'th e su s i�dar ny,k7no erwis b h ays `fiot to the •d p sUbstandard property. not less t an -Oirder.--,_a q In A-*"` Sec .., 923,-Vidii'tlieBui -ilain-'R6n-abilitdtionppeas.-Bo�id' inds1hat the L buildifi�,--:it is hercb"d661aied a*p6blic nu'_.isdn'ce-arid building is a substandardV bd9ed tipOn its f indinlzs he said Board shall -6 er the -abatement of thisbuisaiice ing, bamca d' ""d -'emb litioh*,-repdk 61. i&Abil itdtio6'6f the" or w i=.portion thereof or at the 'option :of the party .concerned 'by .the tdemolitid A emolishiiient tht der -also qmay:-re' * -•thdi Che substandard buiildihf':-,:� uire ;i iX! L A T • --•:�The`�ocder`shall state Am"Within"hich be f d feted which shall not e s thdft- 10 day§ after the service ice 6f this'or. �f.TheB L wri ing' -rioletiori'm t for odcause"mavexteh thdtimeforcoi 0 A L 0'r e a Order 'ridard Property 9924. When, the' Board finds that any property'is's6sta­ ard'pr r IIS eic. A h: here y c ared apu public nuisance �nd based l�6fi its findings, 2s the oar I A shall orde'r the abatement of the`nuisanc6`b�'SLich meads as the said B&rd'deeins L . . ­ ­. - . � w' I , ' , removal .". - - — . ­:, . I . any . A :most fea'sible. If such means mclude­th�'r�moval of 'd6y yenicie..or'any- part L ere lescription or sdch­.Veh�icle'a­nd the correct A thereof, such order shall include a d identification number and licerse fidmber"if available s"teAL L or e k by Privat Party -A - ec.'9925. Any person having the legal right to do so h I may repair or emo is a 7A '.S substandard d othe� work required to building re oy t e substandard ui in2 or o any A co h' i L n itions at any time prior to the time when the county does so, out if such person - 1. .— . - .- A 727 -,2 UNIFORM BUILDING CODE 71"u:e .4t U$ d in the Nonce of Substandard Building or wbrk after theti " me " "s'p" -does such ie Z",'A si.-�'�fter the: i m `301 L S uib*ki an d a rd Property ' -if no'hearini! -as:request6d.,---bthdi��i costs bfth�Buildin*6'Rehiibilit ied in the r ation ppea ==incurred by the count} in preparation for.*the'd6ifi' 6 of s1kh­iv--&k ifEcharq'ie'a�'ble- 16" A the property and shall be collected as provi• ded in: Section 9928 Ail Sh 1 icRi6n 9929. such worn IS completed 'after. the county engineer.or:purchasing liiailreceivethe sbffi6f 10000 L s sjjecificOlv excluded by.con l". K'9927 shilfb�'-` L pecified in Sectio the costs incurred by the couniti If such work Is the county ­diiffiPlEted b6f6i�e^_­` L `' it *' engineer r purchasing asing age'has w e 166htra60theaffiquft specified in L _ :Section 9927 shall be the costs incurred by the L P 7, by County'-. .(i) Pro- c'e'_dures.Jf:th& requires the -repair or 7, L demo] ition of aln-�* 66- il dh n*­-_,­th& -6rd&i of the*Bo'�r­d is h6t comppi.le-d "i't" 'within t e mriod ubl ic desi2na e-. p""ie" 'co­r`ds�_'-§­ho­ w-":tha* t " ere is any ' ted by`�the'B6drd dfid the p rs'6h*.w'ho has any Hi or interest in th 'pJ �&rOV 6r,ii�'pdft th&mff by 4". e r We'of 6 document I I ij*th� recWr ation o t e arati"' r u y r&6ofdcd prior Declaration of X!, f S' Ddcl `;Substandard BuII din or P r o pie ft "u, h e t h d r -s u c h0 d * 6'6'ffi e n t 'd e's"c'' ' n" b 69'� suchr%0l'-_` L ty Aor art thereof, -or . anotnd such person asnot eenprevW iobfi6'tifiddo the ------ "' er7p action of the Board dunn--'the Processin W th66a­sej-t egounty engineer shall -'g* -Z, -.'serye upon such` person'as provided in Sectiofi'99')0'a­notice -6f th& k6oii'bf thd A BWrd which noticealso shall conta*i ii­d.�faie ffie'fil that the countv;�!' demolish e i _f h ill d sh th `AL u'il iriZorta"esuc o erac ion as maybe necessary to removethe s6bif a : _ jA ,:,condit'ions unless suc- p*e rso'n', ` within ""-pi"­hearing: IfV person requests such earngt ng as provided !_in this chapter at, ih an98.�he Bor facts and make a i66iderasprIded Sectjon993ari6bed any ffor6ebriffect.if an:vBoorder made to T"L _ S' 9923br9924� ,supgsedec. orany order madepursuah't his s�cti6nisnot co'm'"liedWith* ithin the 'designated, the county `e"na'ineermavA .sub'�ta n-da'r. hen`deffi-16'lis'1h the h'. -d -7t ui ingorpor r a aU 0 building tionsthef6of. 6 'm',�'c­ se�d&o het�� 'rk to be done to the extent ..necessary to eliminate the azardand '6th'er'siibstandardtbnditioiisdeter:�m�inedto 7 U...'exist"bYthe ' Board. If the'oid6r of thd* ',Board"does'66t -re cfuire *the r - any or - A ! L dern' o'lition of any buildine no.notice of such order* neled'be�'ii v6n to any person j.. othet than the party concerned ' A (b) Ernereency Procedure'. When­idth�e: opinion of the county engineer a L S A substandard structure or portion thereofe iate az' rd to* life and 'is an a -A property, and the abatement "of such hazard.requires action' pursuant to 'the count), engineer may 6 ois exception in Section* 99 10, the th ndem* Ii hth�'substand A L'..: and building. or portion there'of, or may cause such other work- e"done to the A 7.' L extent necessary to eliminate the hazard. A (c) Any person described in Section 9917 (a) �vho'appe4red'a*'t"tfie-"Buildin- L *.Rehabilitation Appeals Board hearing shall be notified that: 'ithev*disa6ree wit h' 4 Ae ha i itation PC;ls '":%th. fiildin2s' and order of the Building* R 61 aBoard, prior to I :::abatement of the public nuisance by the co6nt}.'they"ha e.a right to appear and be % -��, 4 .Y. _ f. y•,; : i '4:..ir. •'.: y:•. •:•.. :..: 1..., n^n.^ - - :'wT':1•i`i5,J:! l.y_- t -:•,I(.. r:4' J4� l; �Lv+4 :wi: .y' y:'S.aW F, '1 - S.,'a+p 5:'. _� •..i, `1S, .57 :.',ly y -Y „<t: -r.. -.»..r.._ :' < T r. ..1:: iS_d -y„axk1 a.[.. A i:^ �.:i ';"' "�.: �;,, a4'•yt>-l. ^; ;? ;,t. `r. h:(CY';:,?;•..;(K. ,,y ..'ct':;" 'w,. 9•y %f.;.?' -- .'; *7i -, B .- -'"Y '.'. ., ; 'tis is '•,'r: n - .✓ [tdt •'.'3:_..«<. 'vT..1. �;![,.4 'S'. -.4...r: .Z i t f`; -`a. ~D TION :e4.. .E.::;;�:, ,�.�fvtn'SNY �..,,t. A,:� '.,_'�v;t;9926-9930 ..n:_ ' .• =' {- :'x ;1985 E t :,; . :•x r: c : =.• : i '. -.� 'w..s �,., - ;.i.:,•'. 'r.'• f .'4'r%%L:C�%:,�" - t K.: .[<:. 4', w ,;..?t=it>.ti^ �,G••?';:]•+ty ,•x• .�F+ :r_ '}'i `:'"•�. :r4': .i n' ,^!"`l:ti.,.�.:i:: :-�.:•+•i': '-z 'A,. .(4.:A- -2 .n .•Y4. _ ?:`E:�'.'-':•3 •,.'il "H 7 t rv,• •7i -`C�:4 ^ � :1.•• :#a <..�: :%V ;' C.+• 1 ••',• .ice Vi•'::µ, t.:,t; . _ fj,_ . { S.a: -Z "� 0.'. rS : s.� v .Rri. rt.' �. • i• } L+ :i1' ii . ,1 'a; l `u �:�= 't a est ,'.r+- _-•, - eardbeforetheBoaI'dofSu'' etvisors:•asana� eal� btit that if they do rio r `.t- �h . P.• .PP , q :: , M5. = A :,�, r �:;=w a Buil -, 4,- 'Retiabilita`• :.r• uch a hearin., in aiiritin .within l O da"'s of notif ication of the L _ •i - , `t a will be deemed'to have`waivzd their �: :_". r' _ :�.:.tion A eals Board firidin_s andorder; h y _ :.- +�;;:. ;.�.. `� "'3;,.-.:o; � +ti',`�.;... 1.', PP ,r,'.Vr. ..;.. , r -r',;;-':'-., r ::.. . ri..a:..'<t:.,S•': '..T. _%: L i?..,: -.= n_�ht to'such a hearin before the`B' a of Su ervlsors: •,�-�� r. ,.i, ql-.,,515P-- - V, ;.�__ ; A :,; �— t:S~t� 'i>'. t::' -"J' -tv ,.� •ti!:•..' •», ii{'... .t'. .\.y ,ni}a_.., •if:- : 1 •:.4:uy i �.. .l,: �._. .1^ \['":V: v:.. i'�ti;i-�.'. j.,z^ '�:' :.�: v:. t•1J'ti'.k,i �+"r: :2:'-�- .,1i.4.. ,.. '.'- •�;C' '::C--a:-l:.•L•l.: :,•.`-�\: i•i �`i. -Y. Y. r.,:�-.Y.. �r ._S','-:',�- y w o.... r ,. tl 1 a... �,. -. L ;; :k OS _ �,,;j :C - 7g d•: -•n .1 :a [Y r�' ;; ... wL: q`'i ` �'' a count ` ey�`w-•'r rb' `th e' o itioil'or oth r o k v vecli ed m I ec` 9927. The costs in of ri"th _ S ..Y, Y� :A 1-; tl :'t v[ - .F� aa_ .et_. `o' c sts s's �'tlie a lcaiile � �roces'siriQ o .L - tneer`includin in addition to other costs en %.P P 'A : 'r :r: 0 et' -e' ro r - e �a ainst�th Table No. 99-A 'shall becrome a's ecial assessor in '< '1-::�=�::forthin � P P .Y• -:�'-L =.r` _ P y:• rr: # ... ' �l : r zn 3 `:i.� ;- -:.. - _ _' A ' L - - - - ':,cam-�. =:i(:- - �� >, -. f ost +' tion C Ot' ica - •N •4'Y' 'w -:: _ ? .; - Seg: 9928. The count en�ineer shall notif , in writing; all parties concerned ` A ='``ti - r ed tirsuant to Section 9914 `99I7�ror 9926 of the amount -of L ;.� - and all persons notifi ,T. A _ ;.;:::: -: - t.ot s tich _ h ecei f =: = ` da soft e 'r ::iris _ e t resultin froii'such work. '.*ithin 5 '-' `- � j such assessor n Y P °: =. g :A - 't e-���or� �L yr t'Vtt 1 a n an h - e sori'h i n conceiri ed and an other r �� 'notice�an such art .� y., .� Y: Y P :�: = - _ - - _fir: 'writ teii t -`e 1 eer a _ - - o •art Thereof ma�itt.e with the coup n n ` is - °:interest in the property r y - � . L' ts P P Y P Y. :{;. �•.I r h' C a e e =oi .both �of�s on the coizectness' or :reason bl n ss re' `nest` for `a hearin ,' q t., :.::' ,::L. ''` - .i'� - is+t•:•[.- _ '�,:`- Y T� - _ _ - ;a 1iI r ji - .;.-- ;A w1� Sym yj, V• f_ ��asse - _ �s.,:<<. r=_ a wr 'S r: h,u '`' ?n :a .�:' l _til �CttU-' 1 _ a•'�t - -.a n'9� 've a notice ur4.1 n - K< [uch rson who did not reset _ Y Pe . s .''Lr - vi �. 7 - a' Barin o ii `o`t��fiad �h _ =: d who has `n _ `4 _ -.$' ection 99 l.4 or `Seciion ,99�0:'an :,� ':� - - 9911,'S - , :;•� _>. ;- .:� - L h. Y - vY 'n -a a5 _ -t � r heating also in •�:�� e ups fo �'= = w `n such r -�; -.�:, :��= �i � •`oT the demolitiori�oro[her orkl ;i,. - �: y,Y 4r_j''': ;. :L _.` w The yBuildin_ R ..... ita�ion`A` zals 'Boaid -Y- tha such .7,, "itv'-be"revie ed. pp _ :.1. - cr: - a:j -_ a rte '_ .. v 'such erson not th ec�of s' :` 4� r. -:w n shall set'the mattes for.heann_ Q1 e :L 1::' there o P :: ° P ,•1,' .:.'mac- - - i •`?} 7 xr •at. r._ he rza�onabl� nc�5 Ur ;.:•--•t� �-E< :., 1-� �h��ld such•hearin_ aid•dctcrniiie`t _ ., =5 _ ,1.. io- -,c. Trig. c - n,99 :%L . :'P. _ - -:i : _ -t' :r :> i - 'J lie .�- 'e�e� �it �of•t �: <a �t e�'n c ss u� to h ti =�• .� ' f �re � s - •`fh�'and �t :��=. �ti' - `e s� of the ��assessmen•t. `or �bo - ,i' L f.: :A . %'�+ . _ ':.x. �j ycc= Wit= •'.�� n w,J• ttlY i ' s: _ ildin Rehabiiitatlon,k' eals Board_ shall no .' r�> t r: `d4rinolition or other viiorti. Thz Bu pp '; A i a'• >t . ice: i7. /' -1 •`• s. .�r... 3 'ii - 4:. :l• - k.�., _ w "tin _ -�: t n `�n ri - - ��s �of t s ecisio t a-. erson 'r:- '�uch - _ =a11 s - - _.T :A P • [••.i Yom'!•.FzJ' L.�" Utz. i': - - y,r •S ,.>>: ,�,.��;"` :<� �-'i�`�ection-is'not ••aid�in _ _. '��-=-�_ t..'! . If the'total assessment determiried as' rcivided for in th s"s p _ *y:r:'�?" - ' Y ==- 'o v the county en�ineer'thelcountt =L '' .t;' . ;SART a5 7. r'•'r full within 10 da § after marling of such"notice b �. y ` i�the' - ectal aissess`inent'on'the tax bilhfo =. ~`'ti= u �' f"en ineer shall , lacefsucn charge as a s_Ii _ fY _ . j. `.'�..--moi-. _ ,rfy. .L':. ..-� :ti:.. e overnment code. u -i -", r;` u uarit to'Section _o8 S , th _ _ ro ertY rs �,I. ._-;et; . Jr:� ,. . Y ,_w. - P P ry_., �: ' f:: S n' e � r ;. - ,v _ 'k i �k�• tk.u:4 :; - - .;.}. >T _ L <'t p.• _ ?_ -•r'c �•ls . - i n - _, - 'Collect o L ,i. -_ - - ? _`S, - - �e m ariner L elected at the time arid'int h sam Sec. 9929. The assessmen'tshall be+ -col '+ = Y ectzd and shall be sub ect'to the same enalties L ' �: _ as ordinary county fazes are coil p A ,.. ......, ;';::' '. r.::•::- -.: ' . and the same ' rocedure and sa=e�in case o ,d elirigLency.as pro tdcd fo _.L - P _ _ .[:. - cement of A laws`a.. •licable'to the^ levV:'collection and enforcement . county takes. All PP . .L - - county taxes shall be applicable to such special assessment. , A i<;• • . - L - - - - - - - A -. , ;1. j Salvage . , ;. L -''S' :Sec. 9930. If a building is~demolish�d or necessary ��ork done by �thecbunty • . - _ i .: pursuant to the provisions of this chapter.` the value of any salvat7e resulting from L - ";'st.uch demolition or other work may be applied to the"cost of such work as follo�� s: ;' . � . ` l .-If the county enters into a`contract with a pri :atr.contractor, the I.county may .- A _ - V provide "in such"contract that as`a:`part of,the consideration for the ser�ices a •" . L t` rendered, the contractor'shall take title to such salvage. ' _ .� - 729 '=i3. G CODE' n oes pqt,.§q,p��de lb'r'i the county N q . 0 . jh q wort: without �ijc f �.-2.jf the contract . ...... -e:tlt h" "I av_6'and veqitj� the co•un y' maN ja contracE. t bl _•q..�iqd�•ona e .­-Lio-value ereo ecount. hi' ont e'cost9'incuffddbyt In u sum to this":., to determine the reasonabfqp�st 6fooing the work -'Ahe uildin 'Rehabili.� atioApeasBoarda]s ma"deterfiii6the ahS'of such_-,::_.*.t�;�`;*�';�-,, Zi `tit'c sa Vaze.. his,section is pe• rm•issive-'Only.--ah•oes 'o S•uc b T h34' I at t T d d- not.requiri"fi' Ye b '4:iL�salvag app•lie'd 't- '`w "A I P 'In rferenc rohibited --A _z_'. all not bbsirucI,­ impede 74• 6 f 'int Wpers6n'_'sh ou . n Y Se�'. ' rewith"the­6 e A L•• --:,.`6fi•2ineer or any representative—bf -the `60`66iV*'en�,ineer. or with"an-y—peir'st6ii who �-A -su stan wns-br holds 'an�,'�int&res'f'"**o"rr"'e"s-i'at'c""in"a" -b 62`,�ihich has een ddrd l5ifild*' b by the county en6h6�f "'b"". e, •ui ine Rehabi itation pp6�ls Bo'�rd L or y t B ld* -A'• • to rr re y e e a d kat d afid'repaired'of*'Vkit* d * 'fid `demolishedor be ba' tri ed' ed or in any "substandard Pfo•perty'Whebe;Ver the c- ou"hinty"c'n" uch gineer ors , Z !�ed in b�ffic.�din_',­repai vacatinE owner is en2aand repairingJeffi6lish ,or'( an), suc d h- �d n 2 -b ildi h -s ard ng br.tremovine any.-su. sta ar con sia:�n u "f -c'e of dfiy n6c ff _ilir�ind Lditions �T­ u"ntto'this'thap•ter,'6r'iiit6e"per ormani essary ac pri j�y to a -or L or•suc wor incideiital to h aiith6fiz'ed or directed pursuant hereto. ...Z `-A '`� L"Pros g6iti dh* V ­ •fail `ii�gleci 6�'i6f• =with the -In �ik' th�:ow er L LSe 9931 C. use to comply - A P h er directions Jn t e' Notice Buildini,­o�-Subst*ari ar rop fy_ (if 'hearin h" d �,i of the"--�`-,r A eithe'r he- n'or*'*a'n'y' oth er--person requests a '.M�-; Buildin- Re abilitation Apppeals Board h6'shall be',guilty of a rhisci mean or and f the' -'c'ounty engineer ma) ause -.sucn owner of the building'or property o be I of this_6&e.: A L d giros as a vio ator !_V 0 es is J.ne Sec.`-: 9933 iori� -of'.this' c'ha­pt'e'r­ahall•not in any -manner imit or provis A' r•'estn t the'6budn'tv b­r_.1he_dis'tnc.t iftorney-ji-om en• forcing county OrGinanceg'--br 1�"ibdting* piiblic �uisa­ her manner -d'b- nces in anyot A provi e. y .3- • • 7 Vehicles - -S6�.� 9934. (a) Adoptiori byl�eferen* ced Sec*tio 22660 of Vehicle All Section the provisions 'of Section ov 0 Me venicic --j Code ereDy.goopted v L e A reference as a part :of this, oidinanc,e.J.n the case OT. any'c'onflict between , n. the provisions o t apt,er* the provisions of said Sec'ti6h 2260 the provisions of L f his ch" A L :said Section 22660 shall prevail. L (b) Notification Of Department of Motor Vehicies.'Within -) .days after the L A COUntv or any officer' thereof removes, pursuant to this chapter, any vehicle or any A part thereof. the county engineer shall so notify the Department of Motor Vehicles.."" A Ientifyin4 the �'ehicleor bart thereof (c) Notification Of - High, i%iy Patr,bl.'No't less than '*l 0 da)'s' before the hearing A provided forin9920 he..coun y engineersha I notifyI e aliforniga ".. J ,A`:Highwav Patrol thereof identifying e vehicle orpart to be'remove 730 AX '?,IA985 EDITION s5 Ir X1 04 d) Not To B6'R6cofistr*ucted.*-A'odt-s6n'ghaI I not tec( ibeen removed -by y'the'��&f an ve icle, C'lifity'pur: has S' Q_ .. ......... th� bf shall n( xce ions. -A vehicIe­b­r­a­n`y part re hi I ­.thi a ter if giich've ic e or enclosed .,Mthin-a-building in a aw C_ lete.1y �pro tv_ "'hi hi v1si r the street,� ig way or toreor'pi&k6d i la��ful'ftfanfi­ n a er on private pr( ..._.,.th6'bd�in•ess'bf a licefiaed dis:&i�fitIei,'-_-'Iicehs&d v6hicl6 m ance o a pu exception Goes not auth6fizelhe Ainten R6gistration:6f Vehicif -'If an"'y"' v­ehicIe'is"i6fii6ve U -ounty engine• er shall, ofWard to- theD• epartmen ICA ilable',`includin2're'�Ist ioi evidence"of r•emstration ava Mt later. 'andlicen"sep !."'d title Prod Of Noinrespor 6f a0 - _`=;"*h ch: has beefi'feindved ;was lcicat6d ffidy*,;appear i A .7 ided for in this ch a*"p`te'r'or present a w_ ritten staberli6rl u"" y•'r' •thd Oresen�� at S chhe"'a'nng and den' espon§ibility or hisfeasons �iich'defflal. 41f it is determ iri�dlt ti -wi h* t la th6dt'the consentpla66'd 66 thie of the7aiid' lhe 'qu dJni presen,ej en to un! "6hic'" -h of ifie'y 16"a�aifi§t'.t e' administration or;removai",4 phi�.e Was ocated or otherwis�attempLt�coiltc pc�_ ce 99�A re :e property,"'or 1 -37K' 'fi h pertyin-connec-ion..w.it. dedI6E6_rjufikyard. --.-This, 'te*ri* isante. ', _g . c or priva u L A pursuant to this -c apte A 0 'Motor... Vehicles IlY A t6ftific tt- _-6 0 -tes a es, er itica L 6d upon �which Yyehicle A -'pe 'h L rson.,.at,any, earing::�_'..-A L in tirh'e-f6f6'on'si(leratio*n"'.;;",* if V6 h i c I e'6h Che land L 'ABLE NO. 99-'A'.*",��r"':;;--"-'z' MON PROCESSING FEES 'osts ich the L L A L A A' L A L .......... Investigation and processing IUU.UU -1 0 00 A Pre paration of job''specifications L BoaYd o updry is drs, or city council appr 00 Z" 'A Contra•ct perfor mance insp•ection*. ............... -V5000 L A .................. L Re66id special assessment.* - ..,0.00 Filingbf special assessment ............. -:50.00 .......... A L _7 ij - _ - -'a, _ - ,�/'• � �':.p. .>; _ tea. :�.L+vi -i:1'• ?;i� `:'%'.,''w�;�^�' :'+�� ,.i�=Vii.'•. �-: ^i�:'.::' _f+Cr.M _�^ ;Cy �•'� `.'l - � fi•, y:•'': �� -moi r t s -i �.: •� �'+•^ `� 't Vis' �;` ♦.:w. '..>..��.a �_•:•f:'t<{Yi .r _r +�'••i.'. _. u.� Y J t r A. +. •r�ti;ur •'�•.-:r'Yt �_y.�.Y �y,h '. :�r'.:••-_r•^:l': :.�:..i •> •r_. _ •� r Jf , � J >:,... w "':sit; : _ _ '",��: � ' t: :,•,-:' ^• _ _ i .d .. •'fes '� f,�- •:� - •f S'Y' - _ - 'y,' .. Jam• - _ .,�KJ �" • 1+.�'. :•:$:L tilt - i j '� •_ - •Jy -�• r S! t ... tc .. ....;,:a�. .. - .. }.. .. . _y'+g.{.,r`a ti- ms's:'•:.:�". �_•. r 401 r: 1991 UNIFORM HOUSING CODE Chapter 4 DEFINITIONS Definitions • Sec. 401.•For therl? u ose of this code, certain terms, phrases, words and thew P derivatives shall be construed as specified in either this chapter'or as specified in the Building Code. Where terms are not defined, they shall have their ordinary ?'=a:a'••.<•7. meanings within the context with which they are used. Webster's Third accepted Unabridged, New International Dictionary of the English Language, copyright 1986, shall be considered as.providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine : `` ' _ =: • , - .-� ^ ` gender include the feminine and the feminine the masculine. BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. .EFFICIENCY DWELLING UNIT is a dwelling unit containing only one habitable room and meeting the requirements of Section 503 (b), Exception. _ HEALTH OFFICER is the legally designated head of the, Department of r f• Health of this jurisdiction. y �E HOT WATER is hot water supplied to plumbing fixtures at a temperature of not less than 110°E MECHANICAL CODE is the Uniform Mechanical Code promulgated t jointly by the International Conference of Building Officials and the International f - Association of Plumbing and Mechanical Officials, as adopted by this jurisdiction. " i• _ "r;9•"_'..<< _ <%: : _ NUISANCE. The followino, shall be defined as nuisances: 1. Any public nuisance known at common law or inequity jurisprudence. 2. Any attractive nuisance which may prove detrimental to children whether on building, the remises of a building, or on an unoccupied lot. This includes in a P any abandoned wells shafts basements or excavations; abandoned refrigerators : J and motor vehicles; or any structurally unsound fences or structures; or any - lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors. 3. Whatever is dangerous to human life or is detrimental to health, as .'• determined by the health officer. 4. Overcrowding a room with occupants. 5. Insufficient ventilation or illumination. 6. Inadequate or unsanitary sewage or plumbing facilities. 7. Uncleanliness, as determined by the health officer. - 8. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. PLUMBING CODE is the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials. j Chapter 10 SUBSTANDARD BUILDINGS substandard when they are unsanitary. Inadequate sanitation shall include but not be limited to the following: 1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. 2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3. Lack of; or improper kitchen sink in a dwelling unit. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 6. Lack of adequate heating facilities. 7. Lack of, or improper operation of required ventilating equipment. 8. Lack of minimum amounts of natural light and ventilation required by this code. 9. Room and space dimensions less than required by this code. 10. Lack of required electrical lighting. 11. Dampness of habitable rooms. 12. Infestation of insects, vermin or rodents as determined by the health officer. 13. General dilapidation or improper maintenance. 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (c) Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. 14 v 0 i Definition General. Any building or thereof which is determined to Sec. 1001. (a) portion bean unsafe building in accordance with Section 203 of the Building Code; or any `i °.._; =. building or thereof, including any dwelling unit, guest room or suite of _ _ ,:• portion the on which the same is located, in which there exists any of rooms, or premises in this section to an extent that endangers the life, limb, i `: �; = =:= the conditions referenced health, property, safety or welfare of the public or the occupants thereof shall be .:.: _• deemed and hereby are declared to be substandard buildings. (h) Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include but not be limited to the following: 1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house. 2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel. 3. Lack of; or improper kitchen sink in a dwelling unit. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 6. Lack of adequate heating facilities. 7. Lack of, or improper operation of required ventilating equipment. 8. Lack of minimum amounts of natural light and ventilation required by this code. 9. Room and space dimensions less than required by this code. 10. Lack of required electrical lighting. 11. Dampness of habitable rooms. 12. Infestation of insects, vermin or rodents as determined by the health officer. 13. General dilapidation or improper maintenance. 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (c) Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry imposed loads with safety. 14 v 0 t{ _ i i t r s rte 1 tt . 1001 HOUSING CODE z x j Q' ' 1991 UNIFORM rye i Members of walls, or other vertical supports that split, lean, list 4. partitions or buckle due to defective material or deterioration. or other vertical supports that are of 5. Members of walls, partitions insufficient size to carry imposed loads with safety. ceiling and roof supports or other horizontal 6. Members of ceilings, roofs, buckle due to defective material or deterioration. members which sag, split or ceiling and roof supports, or other horizontal _ 7. Members of ceilings, roofs, insufficient size to carry imposed loads with safety. members that are of t y which list, bulge or settle due to defective material 8. Fireplaces or chimneys or deterioration. • 9.hich are of insufficient, size or strength to carry Fireplaces or chimneys w r imposed loads with safety. t (d) Nuisance. Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings.• (e) Hazardous Electrical Wiring. Electrical wiring which was installed in in effect at the time of installation or electrical violation of code requirements wiring not installed in accordance with generally accepted construction practices ' in effect or which has not been maintained in good in areas where no codes were is being used in a safe manner shall be considered f condition or which not t substandard. installed in violation of code - '(f) Hazardous Plumbing. Plumbing which was requirements in effect at the time of installation or plumbing not installed in construction practices in areas where no codes accordance with generally accepted in good condition or which is not were in effector which has not been maintained siphonage between fixtures shall be considered �. free of cross -connections or substandard. Equipment. Mechanical equipment which was {, t (g) Hazardous Mechanical installed in violation of code requirements in effect at the time of installation or tx installed in accordance with generally accepted mechanical equipment not r } construction practices in areas where no codes were in effect or which has not t - been maintained in good and safe condition shall be considered substandard. Buildings or portions thereof shall be (h) Faulty Weather Protection. y substandard when they have faulty weather protection which shall { considered include but not be limited to the following: 1. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, found- ations or floors, including broken windows or doors. 3. Defective or lack of weather protection for exterior wall coverings, in- cluding lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. apparatus, equip- which, in the opinion of the chief of the fire ment, combustible waste or vegetation this code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or when other conditions exist which are dangerous to human life. (m) Inadequate Fire -protection or Firefighting Equipment. Buildings or portions thereof shall be considered substandard when they are not,provided with the fire -resistive construction or fire -extinguishing systems or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire -resistive integrity and fire -extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. department, is in such a condition as to cause a fire or explosion or provide a7 ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. (j) Faulty Materials of Construction. The use of materials of construction, ' except those which are specifically allowed or approved by this code and the Building Code, and which have been adequately maintained in good and safe condition, shall cause a building to be substandard. '•. (k) Hazardous or Unsanitary Premises. The accumulation of weeds, vege- tation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant - water, combustible materials and similar materials or conditions on a premises y ° ' • i constitutes fire, health or safety hazards which shall be abated in accordance with the procedures specified in Chapter l l of this code. r (1) Inadequate Exits. Except for those buildings or portions thereof which have been with adequate exit facilities conforming to the provisions of provided this code, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or when other conditions exist which are dangerous to human life. (m) Inadequate Fire -protection or Firefighting Equipment. Buildings or portions thereof shall be considered substandard when they are not,provided with the fire -resistive construction or fire -extinguishing systems or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire -resistive integrity and fire -extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (n) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. ct- i �. .,1 •�-i''T FY P t t�(}c(��r-cow, � A ..: .-. .,. ... ,• 43 tet. 1991 UNIFORM HOUSING CODE 1101 �• • -ay.y„ - iv Chapter 11 I� N ^•41 , f�c w NOTICES AND ORDERS OF THE 1, 4i! N,.•1 4,r C BUILDING OFFICIAL General Proceedings. When the building official Sec. 1101. (a) Commencement of has inspected or caused to be inspected building and has found and determined r r that such building is a substandard building, the building official shall commence the repair, rehabilitation, vacation or demolition of the1 proceedings to cause building. (b) Notice and Order. The building official shall issue a notice and order owner of the building. The notice and order shall contain: directed to the record description sufficient for identification of the 1..The street address and a legal which the building is located.` premises upon that - the building official has found the building to be '� s 2. A statement brief description of the conditions found to render r substandard with a and concise i the building dangerous under the provisions of Section 202 of this code: -f _ Y required to betaken as determined by the building a { 3. A statement of the action official. A. If the building official has determined that the building or structure must shall require that all required permits be secured be repaired, the order therefor and the work physically commenced within such time (not to, from date of the order) and completed within such time exceed 60 days the determine is reasonable under all of the as the building official shall L circumstances. has determined that the building or structure must B. If the building official be vacated, the order shall require that the building or structure shall be � time from the date of the order as determined by 4< Y r vacated within a certain the building official to be reasonable. t �F has determined that the building or structure must , 1� C. If the building official be demolished; the order shall require that the building be vacated within z, building official shall determine reasonable (not to exceed1� such time as the date the order), that all required permits be secured f 60 days from the of days from the date of the orderand that the demolition , therefor within 60 be completed within such time as the building official shall determine is w 1 reasonable. d 4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the (i) will order the building vacated and posted to prevent further , 4 building official 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 t 17 j 1991 UNIFORM HOUSING COBE the owner or o er o any ease o recor , an. o er o any o er es legal interest of record in or to the building or the land on which it is located. The failure of the building official 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 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 their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, 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 person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the building official. Recordation of Notice and Order Sec. 1102. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building, and (ii) that the ownerhas been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the propertydescribed in the certificate, the building official 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 is no longer substandard, whichever is appropriate. building official to the housing advisory and appeals board, provided the appeal „ is made in writing as provided in this code, and filed with the building official within 30 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 r ; if known to the building official or disclosed from official public records: the T ' holder of any mortgage or deed of trust or other lien or encumbrance of record; U ld f 1 f d d th h ld f th tate or the owner or o er o any ease o recor , an. o er o any o er es legal interest of record in or to the building or the land on which it is located. The failure of the building official 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 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 their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, 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 person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the building official. Recordation of Notice and Order Sec. 1102. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building, and (ii) that the ownerhas been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the propertydescribed in the certificate, the building official 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 is no longer substandard, whichever is appropriate. " Y t r ter 4 -.•.:•.•. "; �, , .... . . .. ........ . ... ._ .....•-,....,fe:..x. a r� 1991 UNIFORM HOUSING CODE 1103-1104 •- � • .Y Y Y Repair, Vacation and Demolition See. 1103. The following standards shall be followed by the building official (and by the housing advisory and appeals board if an appeal is taken) in ordering , the repair, vacation or demolition of any substandard building or structure:4. 4 building under this code shall be made building declared 1. Any a substandard to comply with one of the following: A. The building shall be repaired in accordance with the current Building Code or other current code applicable to the type of substandard conditions Y requiring repair; or B. The building shall be demolished at the option of the building owner; or, C. If the building does not constitute an immediate danger to the life, limb,` property or safety of the public, it maybe vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately s y t dangerous to the life, limb, property or safety of the public or of the occupants; it shall be ordered to be vacated. s Notice to Vacate ` Sec. 1104. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101(c), be posted at or upon each exit of the building, and shall be in substantially the following form: C ' i "'M ;.may :`h•L' .F� ti;j� L �. `, DO NOT ENTER i UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, f syr to remove or deface this notice. or Building Official cca •Xi. t F � 4. Jr�., , r f r ........of....... (b) Compliance. Whenever such notice is posted, the building official shall s ` include a notification thereof in the notice and order issued under Subsection (b) of Section 1101, 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. Any person violating this subsection shall be guilty of a misdemeanor. - 3. A bnef statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. 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. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official, provided, however, that 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 adjacent property and is ordered vacated and is posted in accordance with Section 1104, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. (b) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. (c) Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the housing advisory and appeals board shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the building official. 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 secretary of the board 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. I' General Sec. 1201. (a) Form of Appeal. Any person entitled to service under Section 1101(c) may appeal from any notice and order or any action of the building { ` official under this code by filing at the office of the building official a written appeal containing: 1. A heading in the words: "Before the Board of Appeals of the .......... = ry t of..........7." t4 2. A caption reading: "Appeals of ........... giving the names of all , appellants participating in the appeal. 3. A bnef statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of that specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. 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. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official, provided, however, that 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 adjacent property and is ordered vacated and is posted in accordance with Section 1104, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. (b) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. (c) Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the housing advisory and appeals board shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the building official. 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 secretary of the board 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. 1991 UNIFORM HOUSING CODE 1202-1204 Effect of Failure to Appeal Sec. 1202. Failure of any person to file an appeal in accordance with the provisions of Sections 1101 and 1201 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. Scope of Hearing on Appeal Sec. 1203. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Staying of Order under Appeal Sec. 1204. Except for vacation orders made pursuant to Section 1104, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. 1991 UNIFORM HOUSING CODE (b) Failure to Obey Order. If, after any order of the building official or housing advisory and appeals board 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 building official 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 building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this.building, or to remove or deface this notice. Building Official ........of....... 2. No person shall occupy any building which has been posted as specified in s subsection. No person shall remove or deface any such notice so posted until repairs, demolition or removal ordered by the building official have been mpleted and a Certificate of Occupancy issued pursuant to the provisions of the tilding Code. 3. The building official may, in addition to any other remedy herein provided, use the building to be repaired to the extent necessary to correct the conditions rich render the building substandard as set forth in the notice and order, or, if the tice and order required demolition, to cause the building to be sold and molished; or, to be demolished, and the materials, rubble and debris therefrom moved and the lot cleaned. Any such repair or demolition work shall be complished and the cost thereof paid and recovered in the manner hereinafter ovided in this code. Any surplus realized from the sale of any such building, or Chapter 14 ENFORCEMENT OF THE ORDER 'M OF THE BUILDING OFFICIAL OR THE BOARD OF APPEALS ( Compliance .' Sec. 1401. (a) General After any order of the building official or the housing advisory and appeals board made pursuant to this code shall have become final, no T 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 building official or housing advisory and appeals board 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 building official 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 building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this.building, or to remove or deface this notice. Building Official ........of....... 2. No person shall occupy any building which has been posted as specified in s subsection. No person shall remove or deface any such notice so posted until repairs, demolition or removal ordered by the building official have been mpleted and a Certificate of Occupancy issued pursuant to the provisions of the tilding Code. 3. The building official may, in addition to any other remedy herein provided, use the building to be repaired to the extent necessary to correct the conditions rich render the building substandard as set forth in the notice and order, or, if the tice and order required demolition, to cause the building to be sold and molished; or, to be demolished, and the materials, rubble and debris therefrom moved and the lot cleaned. Any such repair or demolition work shall be complished and the cost thereof paid and recovered in the manner hereinafter ovided in this code. Any surplus realized from the sale of any such building, or the lot shall be paid over to the person or persons lawtuny enttttea [Hereto. Extension of Time to Perform Work Sec. 1402. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in anyway affect or extend the time to appeal the notice and order. Interference with Repair or Demolition Work Prohibited Sec. 1403. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city 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 or 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. 1991 UNIFORM_ HOUSING_ CODE 1601-1604 Chapter 16 RECOVERY OF COST OF REPAIR OR DEMOLITION Account of Expense, Filing of Report Sec. 1601. The building official shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 1401(c) 3 of this code. Upon the completion of the work of repair or demolition, said building official shall prepare and file with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 1101. Notice of Hearing Sec. 1602. Upon receipt of said report, the clerk of this jurisdiction shall present.it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place forbearing said report, and any protests or objections thereto. The clerk of this jurisdiction shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in the city, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and Address appears on the last equalized assessment roll of the county, if such so Appears, or as known to the clerk. Such notice shall be given at least 10 days prior to the date set for the hearing and shall specify the day, hour and place when the legislative body will hear and pass upon the building official's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Protests and Objections Sec. 1603. Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jurisdiction at any time prior to the time set for the hearing on the report of the building official. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protestor objection the date of receipt. The clerk shall present such protests or objections to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered. Hearing of Protests Sec. 1604. Upon the day and hour fixed for the hearing, the legislative body of this jurisdiction shall hear and pass upon the report of the building official together with any such objections or protests. The legislative body may make such revision, correction or modification in the report or the charge as it may deem just, 29 (c) Special Assessment. If the legislative body of this jurisdiction orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said as- sessment shall constitute a special assessment againstand a lien upon the property. Contest Sec. 1606. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment. Authority for Installment Payment of Assessments with Interest Sec. 1607. The legislative body of this jurisdiction, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not to exceed five equal annual installments. The legislative body's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. Lien of Assessment Sec. 1608. (a) Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and municipal taxes, with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 7 percent per annum from and after said date. 30 - 16041608 1991 UNIFORM HOUSING CODE r and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legislative body of this jurisdiction on the report and the charge, and on all protests or objections, shall be final and conclusive. Personal Obligation or Special Assessment Sec. 1605. (a) General. The legislative body of this jurisdiction may thereupon ' order that said charge shall be made a personal obligation of the property owner k or assess said charge against the property involved. s= ` ` (b) Personal Obligation. If the legislative body of this jurisdiction orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney of this jurisdiction to collect the same on behalf of the jurisdiction by use of all appropriate legal remedies. (c) Special Assessment. If the legislative body of this jurisdiction orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said as- sessment shall constitute a special assessment againstand a lien upon the property. Contest Sec. 1606. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within 30 days after the entry of such judgment. Authority for Installment Payment of Assessments with Interest Sec. 1607. The legislative body of this jurisdiction, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not to exceed five equal annual installments. The legislative body's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. Lien of Assessment Sec. 1608. (a) Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and municipal taxes, with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of 7 percent per annum from and after said date. 30 T y � r „ t r . .. u . a. J , .. - ._ ...... a-. .l. .r ..•. .•...._+ww_v`i•.•...w 4. i" S. L � .�, t w yµM ` 1991 UNIFORM HOUSING CODE 1609-1612 n. Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill a Sec. 1609. After confirmation of the report, certified copies of the assessment i shall be given to the assessor of this jurisdiction and the tax collector of this ,. • -.�- ,,.;.;j';:.; �:;:'•;- = ,:< :: jurisdiction, who shall add the amount of the assessment to the next regular tax„}: ., x , bill levied against the parcel for municipal purposes. - x K Filing Copy of Report with County Auditor - =• ' `' Sec. 1610. If the county assessor and the county tax collector assess property f and collect taxes for the city, a certified copy of the assessment shall be filed with the county auditor on or before August 10th. The descriptions of the parcels r reported shall be those used for the same parcels on the county assessor's map books for the current year. ' Collections of Assessment: Penalties for Foreclosure Sec. 1611. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected; and shall be subject to the same penalties and procedure and sale in case of delinquency as j 5, provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall x ' be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes. _" .• _ � ,,`, ; Repayment of Repair and Demolition Fund , t Sec. 1612. All money recovered by payment of the charge or assessment or "' from the sale of the property at foreclosure sale shall be paid to the treasurer of r this jurisdiction who shall credit the same to the repair and demolition fund. =: , i " rr" 31 NOV-1Y-91Z WeD IZ:555 MARKMAN W AROZYMSKI P.0:2111V ORDINANCE NO. (1993) AN oRviNANcz or THE CITY COUNCIL OF THZ CITY Or DIAMOND BAR AMENDUG TITLE 22 OF THE LOS ANGELES COMY CODS BY ADDING A NEW CHAPTER 22.34 AND ESTABLISHING MOPERTY MAINTENANCE STANDARDS A. Regitalm. (i) on April 18, 1989, the City Of Diamond Bar was established as a duly organized municipal corporation of the State of California and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including, Title 22 thereof pertaining to Planning and Zoning Regulations for the City of Diamond Bar. (ii) The Planning Commission of the City of Diamond Bar has heretofore conducted and concluded a duly noticed public hearing, as required by law, and has recommended the adoption of the ordinance set forth below. (iii) The city Council of the City of Diamond Bar has heretofore conducted and concluded a duly notice public hearing, as required by law, with respect to the adoption of this ordinance, (iv) All legal prerequisites to the adoption of this Ordinance have occurred. D. QrUnanoe. The City of Diamond Bar does ordain as follows: 1. In all respects as set forth in the Recitals, Part A, of this ordinance. Rity. I1-19-93 NOV-17-93 W E D 1:S 55 V194RKMAN 0 ARGZYNSK I BECTIO 1. The City Council hereby finds and determines that the adoption of this ordinance is categorically exempt from the requirements of the California Environmental Quality Act of 1.970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division 6 of Title 14 of the California Code of Regulations. SECTX0H J. A new Chapter 22.54 is hereby added to Title 22 of the Los Angeles County Code to read,. in words and figures, as follows: "Chapter 22.54 t'PROPERTY XAINTENANCZ STANDARDS "Parts: 1. Purpose and Intent 2. Single -Family Standards 3. Multifamily Standards 4. Commercial Standards 5. Industrial Standards "Part 1 ttppRPOU AND INTENT "Sections: "22.54.010 Purpose and intent. "24.54.010 Purpose ant intent. "The lack of property maintenance has been found to contribute to the deterioration of residential, commercial and industrial properties including structures, landscaping and improvements thereon, and a resulting decline in property values within the City of Diamond Ear. Such deterioration has led to an overall declipe of aesthetic quality within the City including the quality of R4V. 11-19-93 2 Nov-17—VZ W eD 1 Z = SS MARKMAN 0 ARCZYNSK I the appearance of residential, commercial and industrial neighborhoods. Further,:deteriorating conditions of property contribute to the creation of conditions adverse to the public health, safety and welfare. "Establishing property Maintenance standards, through the adoption of this Ordinance, will serve to preserve and improve the overall conditions of properties and structures in the City of Diamond'Bar, and will further serve to minimize the creation of conditions which pose a risk to the public health, safety and welfare. "It is the intent of the City Council of the City of Diamond Bar, in adopting this Ordinance, to be sensitive to the needs of financially disadvantaged residents, while concurrently providing a useful property maintenance enforcement tool to be utilized when informal attempts to prevent or eliminate the conditions described herein have proven ineffective. 11 Part 2 "SINGLE- PARILY BTANDARD8 "Suctions: 1122.54.020 Scope. "22.54.030 Storage -Front yard/side yard abutting a street. "22.54.040 Storage --Side yard, not abutting a street. 1122.54.050 Motor vehicle parking. 1122.54.066 Building maintenance. "`22.54.070 Landscape. maintenance. 1122.54.080 Fence and wall maintenance. 1122.54.020 Scope. "The standards specified in Part 2 shall apply to all lots or parcels within the City designated as single-family, and shall govern over any inconsistent, less stringent provisions contained in this Code. 1122.54.030 storage --Front yard/side yard abutting a, street. "A. The entire front yard, and side yard visible from an adjacent street or sidewalk, shall be kept and maintained free and clear of all construction and automotive materials or parts, trash, refuse, debris, trach storage Rev. 11-19-93 3 N OV_ 1 Y_93 W E D 1:3:t57 M A R K M A N W ARGZYNSK Y receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk,, equipment or similar materials. "B. Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle -owned -by a person residing upon the lot or parcel may be Conducted on an otherwise operative motor'vehicie upon a paved driveway or'paved parking area; provided, however, that such emergenoy.or minor repair shall be concluded within seven (7) Consecutive days of the commencement thereof. "C. Notwithstanding the provisions of subsections A.and B of this section, a side yard abutting a street shall be treated the same as a rear yard so long as the side yard abutting a street is screened from public view by an approved wall or fence. 1122.54.040 Storage --Side yard, not abutting a street. "A. All storage of materials, including, but not limited to, trash and trash receptacles, newspapers.- building ewspapers,building and automotive materials, landscape maintenance tools, equipment, inoperative motor vehicles, camper shells not mounted on motor vehicles or boats and trailers within side yards shall be screened from view from adjacent streets. and sidewalks, and other public and private rights-of-way, by walls, fences, storage buildings and/or landscaping features which comply with all applicable codes including the City's Planning and Zoning Code. A pedestrian access way shall be maintained, within one side yard on a property. 11B. All storage within the side yard shall be kept and maintained free of weeds, overgrown grass, debris, litter or any combination thereof. 1122.54.050 Motor vahicle parking. "A. All parking of motor vehicles, including recreational vehicles,'on a single-family lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking area which is in compliance with all applicable codes including the City's Planning and Zoning Code, within the front yard or side yard abutting a street, or within the side yard or rear yard, if screened from public view. If parked'in a side yard, a pedestrian access way shall be maintained.on one side yard. Rev. 11-19-93 4 NOV-17--VZ WED IZ:57 MARKMAN W ARCZYNSKI P.06/19 "B. No person shall park or store any.vehicle, trailer or related equipment used for commercial purposes Capon any single --family lot or parcel except commercial automobiles, pickup trucks, panel delivery trucks and station wagons which do not exceed a gross weight of three tons (unladen) and, provided that no more than two such vehicles may be parked on any such lot or parcel. "22.54.060 Building maintenance. "All buildings otructures and paved areas within any lot or parcel designated as single-family.shall be kept and maintained in a manner so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and the general public. All such buildings, structures and paved areas shall be deemed substandard and in violation of this section when any or all of the same display evidence of exterior dilapidated conditions, including, but not limited to, the following: "A. Faulty, sagging or leaking roof or roofs; "B.• Substantial areas of deteriorated building siding materials, including, but not limited to, dry rot, termite infestation, dented or rusting metal siding, broken or missing pieces -of stucco or other siding materials; "C. Broken or missing windows; "D. Inadequate site drainage and/or standing water adjacent to building foundations; "E. Broken or inoperable sanitary and plumbing facilities and/or fixtures; _"F. Broken or missing foundation; "G. structural defects such as warped, bowed or sagging structural members, including, but not limited to, headers, sills, beams, eaves, doorways, doorjambs and similar structural or architectural elements. 1122.54.070 Landscape maintenance. "All landscaped areas within any lot or parcel designated as single --family shall be kept and maintained in a manner so as not to detract from the appearance of the i=ediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. kay. 11-19-99 5 NiOV-17--93 WED IZ 58 MARKMAN :0 ARiCZYNSKI P- K3?i1'9 Landscaped areas shall be kept in.a neat and clean condition, free of weeds, debris and dead,'diseased or dying vegetation, and broken or defeotive decorative elements of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy, growing condition. Irrigation systems shall be kept in'good _wrking aondi.tion to -pi o -event public health hazards. '122.54.0801 renco and wall maintenance. "A. All fences and walls upon any.lot or parcel designated as single-family shall be kept and maintained in compliance with all applicable codes and in a manner so as not to detract from.the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user., occupant and general.. public. All such fences ,and walls shall be deemed substandard and in violation of. this section when any or all of the same display evidence of dilapidated conditions, including, but not limited to, the followingz "1. Sagging, broken, rotted or defective support posts or other structural or decorative member; "2. Missing or broken fence boards; "3. Damaged or missing blocks from a block wall; 114. substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall. areas; "5. Chain link. fence material which .is damaged or broken. "e. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, and in such style, so as to be aesthetically similar to other fences and/or walls located on the same property. Ra V. 11-19-93 6 NOV-17­50Z W E 33 1 3: 8 9 ''sections: "22.54.090 1122.54.100 "22.54.110 "22.54.120 "2x.54.130 "22.54.140 "22.54.150 1122.54.1.60 "22.54.090 M A R K N A N W A R C Z Y N S K I "Part 3 "XULTIPAXILY STANDARDS Scope.. Storage-- yarda. Storage --Garage and carports. P . esu 119 Motor vehicle parking. Building maintenance. Landscape -maintenance. Fence and wall maintenance.. Maintenance of parking and similar areas. Scope, "The standards spoc.ified in Part,3 shall apply to all lots or parcels within the City designated as multifamily, and shall govern over any inconsistent, less stringent provisions contained in this Code. "22.54.100 Storage --Yards. "A. The entire front yard and side yard abutting a street shall be kept and maintained free and clear of all construction and automotive materials Or parts, trash, refuse, debris, trash storage receptacles, inoperative motor vehicles, boats, camper shells, discarded or broken materials, appliances, furniture, junk, equipment or similar materials. All rubbish, trash and debris shall only be kept within approved trash enclosure(s). 1R.. Notwithstanding the provisions of subsection A of this section, emergency or minor repairs of a motor vehicle owned by a person residing upon the lot or parcel may be conducted on an otherwise operative motor vehicle within a paved driveway pr paved parking area; provided, however, that such emergency or --minor repair shall be concluded within seven (7) consecutive days of the commencement thereof. "22.54.110 Storage --Garages and carports. "No storage of materials, including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, equipment, debris, Inoperative motor vehicles, camper shells not mounted on motor vehicles or boats and trailers Rev. 11-19-93 7 N O V- 1 Y- 9 3 W E D 1 Z: S 9 M A R -K M A N W A R C Z Y N S K I P. 09--119 shall be permitted within any garage or carport so as to restrict the parking of an operative motor vehicle in the required parking spaces.' 0122.54.120 Motor vehicle parking. "A. All parking of motor vehicles ori A.._ multifamily lot or parcel shall occur within a garage, or carport, or upon a driveway or other paved parking 'area which is in compliance with all applicable codes including the City's Planning and.Zoning Code. "B. No person shall park or store any vehicle, trailer or related equipment used for commercial purposes upon any multifamily lot or parcel except o.ommercial automobiles, pickup trucks, panel delivery trucks and station wagons which do not.exceed a gross weight of three tons (unladen). "22.54.130 . Building maintenanoe. "All buildings structures and paved areae within any lot or parcel designated as multifamily shall be kept and maintained in a manner so as to not detract from the appearance of the immediate neighborhood and to protect the health,•safoty and welfare of the user, occupant and the general public. All such buildings or structures shall be deemed substandard and in violation sof this section when any or all of the Pana display evidence of exterior dilapidated conditions, including, but not, limited to, the following: ItA. Faulty, sagging or .leaking roof or roofs; "B. Substantial, areas of deteriorated building siding materials, including, but not limited to, dry rot, termite infestation, dented or rusting metal siding, broken or missing pieces of stucco or other siding materials; "C. Broken or missing windows; "D. Inadequate site drainage and/or standing water adjacent to building foundations; "E. Broken or inoperable sanitary and plumbing facilities and/or fixtures; "F. Broken or missing foundation; ROV. 11-19-93 8 NOV-17-93 W E D 14:00 M A R K M A N W A R O Z Y N S K I P. 1 0/ 1 9 "G. structural defects such as warped, bowed or sagging structural members, including, but not limited to, headers, sills, beams, eaves, doorways, doorjambs and similar structural or architectural elements. "22.54.140 Landsoape mai.ntenatoo. "All landscaped areas within any lot or parcel designated as multifamily shall be kept and maintained in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept .in a neat and clean condition, free of woods, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy,,growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. "22.54.150 Fanos and wall zaintenanoo. "A. All fences and walls upon any lot or parcel designated as -multifamily shall be kept and maintained in compliance with all applicable codes and in a manner so as not to detract from the appearance of the immediate teighborhood and to protect the health, safety and welfare of the user, occupant and general public. All such fences and walls shall be deemed substandard and 'in violation of this section when any or ,all of the same display evidence of dilapidated conditions, including, but not limited to, the following: r1. Sagging, broken, rotted or defective support posts or other structural or decorative member; 112. Missing or broken fence boards; 113. Damaged or missing blocks from a. block wall; 114. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes,.or warped or leaning fence'or wall areas; 115. Chain link fence material which is damaged or broken. "B. All fences and walls utilized for screening purposes as required by this Fart, shall be constructed of such materials, and in such style, so as to be aesthetically Rev. 11-19-91 9 NOV-17-9Z WED 14:00 MARKMAN :0 ARCZYNSK I P. 1 1--1 19 similar to other fences and/or walls located on the same property. "22.54.260 xaintenance of parking and similar araas. "All parking, loading, storage, driveway and vehicle maneuvering areas within any.lot or Marcel designated as multifamily shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the.health, safety and welfare of the user, occupant and general public. Such areas shall be kept ina neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the .same become faded, damaged or destroyed to such an extent as to no longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. "Part 4 IICOXXZRCXAL STANDARDS "Seotionst 1.122.54.170 Scope. 1122.54.180 storage in yards. "22.54.190 Motor vehicle parking. 1122.54.200 Building maintenance. 1122:54.210 Landscape maintenance. 1122.54.220 Fence and wall maintenance. "22.54.230 Maintenance of parking and similar areas. 1122.54.170 scope. "The standards specified in Part 4 shall apply to all lots or parcels within the city designated as commercial., and shall govern over any inconsistent, less stringent provisions contained in this Code. 1122.54.180 Storage in yards. "All storage within yard areas approved by the City or permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. . Ray. 11-19-93 3-0 NOV- 1?-Vz WaD 14 :01 MARKMAN W ARCZYNSKI P. 12/19 "22.54.190 Xotor vohiale parking. "All parking of motor vehicles on a commercial lot or parcel shall occur upon a paved parking area which is in compliance with all applicable codes including the City's Planning and zoning Code. 1122.54.200 Building maintenance. "All buildings and structures within any lot or parcel designated as commercial shall be kept and maintained in a manner so as to not detract from the appearance of the immediate neighborhood -and to protect,the health, safety and welfare of the user, occupant and the general public. All such buildings or structures shall be'doemed substandard and in violation of this section when any or all of the same display evidence of dilapidated exterior conditions, including, but not limited to, the following.; "A. Faulty, sagging or leaking roof or roofs; "B. Substantial areas of deteriorated building siding materials, including, but not limited to, dry rot, termite infestation, dented or rusting metal siding, broken or missing pieces of stucco or'other siding materials; "C. Broken or missing windows; "p. Inadequate site drainage a»d/or standing water adjacent to building foundations; "E. Broken or inoperable sanitary and plumbing facilities anti/or fixtures; "F. Broken or missing foundation; "G. Structural defects such as warped, bowed or Bagging structural members, including, but not limited to, headers, sills, beams, eaves, doorways, doorjambs and similar structural or architectural elements. 1122.54.210 Landscape maintenance. "All landscaped areas within any lot or parcel designated as commercial shall be kept and maintained in a manner so as not to detract ftoZn'the appearance of.the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall.be kept in,a neat and clean condition, free of weeds, debris and, dead, diseased or dying &.v. 11-19-93 11 Nov— 1 7-93 W E D 14 :02 M A R K M A N W A R G 2 Y N S K I P. 13/ 1'9 vegetation, and broken or defective decorative elements of the landscaped area., vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy, growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. "22.54.220 Fence and wall maintenance. "A. All fences and walls upon any lot or parcel designated as commercial shall be kept and maintained in compliance with all applicable codes and in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. All such fences and walls shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated conditions, including, but not limited to, the followings "1. Sagging, broken, rotted or defective support posts or other structural or decorative memberf 112. Missing or broken fence boards; "3. Damaged *or missing blocks from a block wall; 114: Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas; "5. Chain link fence material which is damaged or broken. "B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, and in such style, so as to be aesthetically similar to other fences and/or walls located on the same property. "22.54.230 Maintenance of parking and similar are4s. "Ali parking, loading, storage, driveway and vehicle maneuvering areas.withi.n any lot or parcel designated as commercial shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas -shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing wafter, ROY. 11-19-99 12 NOV- 17-51Z WED 1 4: 02 N1ARKt" AN 'W ARO:ZYNSK I P. 1 4," 1 9 cracks and/or broken areas.. Parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged.or destroyed -to such an extent as to no, longer be effective. Such areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below. "Part 5 "INDUSTRIAL STANDARDS "Sections: 1122.54.240 scope.. 1122.54.250 Storage in yards. 1122.54.260 Motor vehicle.parking. 1122.54.270 Building maintenance.. "22.54.280 Landscape maintenance. 1122.54.290 Fence and wall maintenance. 4122.54.300 Maintenance of parking.and similar areas. "22.54.240 Baapa. "The standards specified in Part 5 shall apply to all lots or parcels within the City designated as industrial, and shall govern over any inconsistent, less stringent provisions contained in this code. "22.54.250 storage in yards. "'All storage within yard areas approved by the city or permitted by the zoning ordinance shall be maintained in a neat and orderly fashion and shall contain only items and/or vehicles incidental to the business, or owned by the business or owner of the business. 1'22.54.260 xotor vebicle parking. "All parking of motor vehicles on an industrial lot or parcel shall occur upon a paved parking area which is in Compliance with all applicable codes including the City!s Planning and Zoning Code. "22.54.270 Building maintenance. "All buildings and stxuctiireg within any lot or parcel designated as industrial shall be kept and maintained in a manner so as.to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and the general public. All Rve. 1,1-19-91 13 NOV-17`50Z Wall 1 4 : OZ MARKMAN 0 ARCZYNSK T P . 1 Z5/ 1'9 such buildings or structures shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated exterior conditions, including, but not limited to, the following: "A. Faulty, sagging or leaking roof or roofs; 115. Substantial areas of deteriorated building siding materials, including, but not limited to, dry rot, termite infestation, dented or rusting metal siding, broken or missing pieces of stucco or other siding materials: "C. Broken or missing windows; ".D. Inadequate site drainage and/or standing water adjacent to building foundations; "E. Broken or inoperable sanitary and plumbing facilities and/car fixtures; PIF: Broken or missing foundation; "0. Structural defects such as warped, bowed or sagging structural members, including, but not limited to, headers, sills,.beams, eaves, doorways, doorjambs and similar structural or architectural elements. "22.54,280 L*Mdsoape Maintenance. "All landscaped areas within any lot or parcel designated as industrial shall be kept and maintained in a manner so as not to detract from the appearance of the immodiats neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Landscaped areas shall be kept in a neat and clean condition, free of weeds, debris and dead, diseased or dying vegetation, and broken or defective decorative elements of the landscaped area. Vegetation -.in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the sans in a healthy, growing condition. Irrigation systems shall be kept in good working condition to prevent public health hazards. "22.54.290 Fence and wall maintenances "A. All fences, and walls upon any lot or parcel designated as industrial shall be kept and maintained in compliance with all applicable codes and in a manner so as not to detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare jtay. 11-19-9.1 14 NOV— 1 Y—'93 W eD 14 C 04 h79=IRKMAN :0 A R C Z Y N S K I R. IG, -IV of the user, occupant and general public. All such fences and walls shall be deemed substandard and in violation of this section when any or all of the same display evidence of dilapidated conditions, including, but not limited to, the following: "i. Sagging, broken, rotted or defective, support posts or other structural or decorative member; 112. Missing or broken fence boards; 113. Damaged or missing knocks from a block wall; "4. Substantial areas of deterioration including dry rot, broken or missing pieces of stucco, holes, or warped or leaning fence or wall areas; "5. Chain-link fends material which is damaged or.broken. "B. All fences and walls utilized for screening purposes as required by this Part, shall be constructed of such materials, and in such style, so as to be aesthetically similar.to other fences and/or walls located on the same property. 1122.54.300 Maintenance of parking and sixilar mrea�r. "All parking, loading, storage, driveway and vehicle maneuvering areas within any lot or parcel designated as industrial shall be kept and maintained so as to not detract from the appearance of the immediate neighborhood and to protect the health, safety and welfare of the user, occupant and general public. Such areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space delineation, pavement striping and related features and signs shall be repainted, refurbished and/or replaced when the same become faded, damaged or destroyed to such an extent as to no longer be effective. Such, areas shall be periodically resurfaced or sealed in order to minimize seepage of water through such areas into the ground below." Rev. 11-19-97 . it N O %V — 1 7— 9 3 W E D 14:04 M A R K M A N W A R C Z Y N S K 2 R-171-19penalties. It shall.ba unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance or the Chapter adopted hereby. Any person, firm, partnership, or corporation violating any provision of this ordinance or Chapter adopted hereby or tailing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and ,imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this ordinance. The provisions of this Ordinance shall not be construed as permitting conduct not prescribed herein and shall not affect - the enforceability of any other applicable provision of law. BECTIQx 5. v ,i remedies �V3g• The violation of any of the provisions of this Ordinance shall constitute a nui6ance and may be abated by the, City through civil process by means of.restraining order, preliminary or permanent injunction'ox in any such manner provided by law for the abatement of such nuisances. Hay. 11.19-99 16 NOV 1 7-9z W a D 1 4: 05 111 A FZKP1 AN ;0 A RCZYNSK I SECTION seytrability, The City Council declarea that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in.full force an effect. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to Resolution No. 89-6. 1993. ADOPTED AND APPROVED this day of If Mayor 1, LYNDA BURCESS,.City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regxilar meeting - of the City Council of the City of Diamond Bar hold on the day of 1993 and was finally passed at a regular meeting of the Cjty Council Rev. 11-19-93 17 NOV-17-VZ WaD 1-4:05 MARKMAN W ARCZYNSK I of the City of Diamond Bar held on the day of 1993, by the following vote: AYES: COUNCIL MEMBERS: NOES : ` COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of tha C ty of Diamond Bar L\ioii\o[DrRoeivs 1.34.1kPcv. 11-17-93 18 DRAFT GAYLY Not for Release ABATEMENT PROCEDURES Sections:, 1. Procedures for Abatement of Public Nuisances 12. Appeals 3. Abatement of Public Nuisance by the City. 4. Abatement of Imminently Dangerous Public Nuisance 5. Account of Abatement Costs 6. Procedure for Special Assessment 7. Hearing on Proposed Assessment Abatement. 8. Contest of Assessment 9. Notice of Lien 10*. Procedures for Collection with Regular Taxes 11.- Remedies of Private Parties 12. Right of Entry 13. continuing'Violations 14. Penalty for Violation 15. Injunction 1. Procedures for abatement of public nuisances. Whenever the Code Enforcement official has inspected or caused to be inspected any property and has determined that an unlawful condition constituting a public nuisance exists thereon, the code Enforcement official May use the procedures. set forth in this section for the abatement of such public nuisance; provided, however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in this ordinance may be used by the Code Enforcement official. (A) HEARING NOTICE 1. Where the Code Enforcement Official finds that the nuisance exists, he shall give not less than seven days' written notice of the hearing to determine whether a nuisance exists to the owner(s), agent, lessee, occupant or person(s) in possession of the affected properties as shown on the latest equalized tax assessment role by mailing the same to the owner's address as indicated thereon, and further, within the same time period, by conspicuously posting on the affected property, building or structure a copy of the notice. 2. The notice shall indicate the nature of the alleged nuisance, the description of the property involved, and the designation of the time and place of the heating to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance. DRA-17 DRAFT ONLY Not ®r Release 3-. The notice and order of abatement shall be served on every party by regular mail; however, the failure of any person to receive a notice shall not affect the validity.of any proceedings under this chapter. (B) CONDUCT 1. The hearing to determine whether a nuisance exists shall be conducted by the City Manager or his duly authorized representative, who shall act as 'the Hearing officer. The Hearing Officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a). 2. At the hearing, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. 'He shall give any interested -person a reasonable opportunity to be heard in conjunction therewith. All witnesses are subject to cross examination. Based upon the evidence so presented, the Hearing officer shall determine whether a'nuisance within the meaning of this,chapter exists. (3) The decision of the Hearing Officer shall be final and conclusive in the absence. of an appeal as provided in this chapter. (C) ORDER OF ABATEMENT The Hearing Officer shall, within five working days of .the hearing, give a copy of the written notice of his decision by regular mail to the owners) and a copy to any other person requesting the same.. i The decision. shall contain an order of abatement, if a nuisance s determined to exist, directed to the owner(s) o * f the affected property or the person in the control and/or charge of the property, and shall set forth the nature of the nuisance, its location, and the time and manner for its abatement. (See exhibit A) (D) EXTENSION OF TIME TO PERFORM WORK. Upon receipt of a written request from any person required to comply with the notice and order, the Code Enforcement official may grant an extension of time 'Within which' to complete the abatement, if the Code Enforcement Official determines that such an extension of time will not create'a situa'tion.imminently-dangerous to life.or property. The Code Enforcement official shall have the authority to place reasonable conditions on any such extension. 2 DRAY "NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE TO THE OWNER(S), AGENT OF THE OWNER(S), LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: The building, structure, improvement, or property which is the subject of this notice is situated in the City of Diamond Barg Los Angeles County, California, on premises described as LOT—, BLOCK ^, TRACT , and .commonly known as YOUR ATTENTION IS HEREBY DIRECTED to the provisions of of the Municipal Code of the City of Diamond Bar, California on file in the office of the City Clerk in the City Hall. Pursuant to the provisions of , you are hereby notified that the'violations consist of (DESCRIPTION OF UNLAWFUL CONDITIONS) You are further notified and ordered to abate the above specified conditions by taking the following actions (s): DESCRIPTION OF ACTIONS NECESSARY. (TO ABATE UNLAWFUL CONDITIONS) Such action(s) must be completed within (insert time period) days from the date of your receipt of this notice and order, and thereafter you must maintain the property free of any of the unlawful conditions described above. It is your responsibility to obtain all appropriate permits and to dispose of any material or materials involved in the pubic nuisance in a legal manner. In the event you fail to complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges therefor will be a lien upon the property or upon the lot or parcel of land adjoining and abutting the public right-of-way or sidewalk in the event the public right- of-way or sidewalk is 'to be cleaned or otherwise protected. You are advised that any person(s) holding record title or.having any interest -in the property may appeal from this notice and order, or any determination of the Hearing Officer to the City Planning Commission within ten days from the date of service of this notice and order. Written notice of such appeal must be filed in the office of the Planning Commission Secretary in the City Hall at 21865 E. Copley Drive, Suite 190, Diamond Bar, CA 91765. If no appeal is filed within the time prescribed, the determination of the Hearing Officer shall be final. You are further advised that this notice and order may be recorded against the property in the Office of the County Recorder. DATED: This day of 19 Hearing Officer Exhibit A 3 . DRA-ff DRAFT ONLY Not for Release 2. Appeals. Within ten days after the date of service of the notice and order described above, the owner(s), agent of the owner, lessee, occupant, or person in possession of the property who may have- been served with a notice and order, or any person interested in the property affected by such notice and order, may appeal to the Planning Commission as to the requirements of such notice and order. Such appeals shall be in writing, shall state the objections of the person filing the appeal, shall be filed with the Planning Commission secretary within the time specified herein, and shall he presented to the Planning' Commission by the Planning commission secretary at its next regular meeting. The Planning Commission shall thereupon proceed to hear and act upon the appeal. The Planning Commission shall, by resolution, determine whether the Code Enforcement Official shall proceed in accordance with the notice and order as given, or as modified by the Planning Commission, or not at all, and its decision thereon shall be final and conclusive. The hearing may be continued by the Planning Commission from time to time as it deems necessary. Limitation -of filing judicial action. Any owner(s) or other interested person having any objections or feeling aggrieved, at any proceeding taken on appeal by the Planning commission in ordering the abatement of any public nuisance -under the provisions of this Chapter must bring an action to contest such decision within thirty days after the date of such decision of the Planning Commission. Otherwise,, all objections to such decision shall be deemed waived. 3. Abatement of public nuisances by the city, (A) If the.owner(s), agent of the owner, lessee, occupant, or person in possession of the property who may be served with a notice and order shall fail to take action as required by the notice and order within the time therein specified, or as extended by the Planning commission, and in accordance with the provisions of this Chapter, the Code Enforcement Official shall take action as specified in the notice and order to abate the public nuisance existing on the property. (B) Abatement of the public nuisance may, at the discretion of the Code Enforcement official, be performed by- city forces or by a private contractor engaged by the city pursuant to the provisions of this code. (C) Notwithstanding compliance with the notice and order, the owner(s), and any other persons having an interest in the property described in the notice, shall i ' n all events be jointly and severally liable for all costs incurred by the city in securing such compliance. Moneys due the city pursuant to this subsection may be recovered in an appropriate court in the same manner that abatement costs are recovered pursuant to this Chapter. 4 1 DRA17 4. Abatement of imminently dangerous public nuisances. Whenever the City Manager or his duly authorized representative determines that a public nuisance is so imminently dangerous to life or'' adjacent property that such condition must be immediately removed, repaired or isolated, the Code Enforcement Official shall notify all appropriate public safety agencies and implement the following procedures: (A) Notice. The Code Enforcement. Official shall attempt to make contact through a personal interview, or by telephone, with the owner(s) of the property or the person, if any, occupying or otherwise in real or apparent charge and'control thereof. In the event such contact is made, the Code Enforcement official shall notify such person, or persons, of the danger involved and require that such -condition be immediately removed, repaired or isolated so,as to preclude harm to any person or property. (B) Abatement. 'If the Code Enforcement Official is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement Official, do not,take action within such time as may be specified by such official, then the Code Enforcement Official may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use of City forces or a contractor engaged pursuant to the provisions of this Code. 5. Account of abatement costs. (A) The Code Enforcement official, in conjunction with the finance director, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Such costs may include, but are not limited to, any and all direct costs and expenses related to such items as investigation, boundary determination, measurement, personnel salaries and benefits, operational overhead, fees for experts or consultants, legal costs or expenses, including attorney's fees, 'claims' against the city arising as a consequence of, the public nuisance, clerical and administrative cost, and procedures associated with collecting moneys due hereunder. B) Upon completion of the abatement work, the Code Enforcement Official. shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of. the persons entitled to notice pursuant to this Chapter. Any such report may include costs on any number of properties, whether ' or -not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the Planning commission secretary. 5 DRAFT 6. Proce ure for special assessment (A) Hearing Notice. Within ten days after the filing of the report referred to herein, the Planning Commission Secretary shall fix a time and place for hearing g and passing upon the report. The Planning Commission Secretary shall cause notice of the proposed assessment, as set forth in the report, to be given to the owner(s) in the manner specified herein. Such notice shall contain a description of the property sufficient to enable the ,persons served to identify it, and shall specify the day, hour, and place when the Planning Commission will hear and pass upon the report, together with any obj edtions or, protests which may be raised by any persons liable to be assessed for the costs' of such abatement. Notice of the hearing shall be given not less than fifteen (15) days prior totime fixed by the Planning commission Secretary for the hearing, and shall also be published once, at least fifteen days prior to the date of the hearing, in a newspaper of general circulation published in the county. (B) Protests. Any interested person may file a written protest with the Planning commission Secretary at any time prior to the time set for the hearing on the report of the Code Enforcement Official. Each such protest. shall contain a description of the property in which the person signing the protest is interested and the grounds. of such protest. The Planning Commission Secretary shall endorse on every such protest the date and time of filing, and shall present such protest to the Planning commission at the time set for hearing. 7. Hearing on proposed special assessment. Upon the day and hour fixed for the hearing, the Planning Commission shall consider the report of the Code Enforcement.official, together with any protests which have been filed with the Planning commission Secretary. The Planning commission -may make such revisions, corrections, or modifications 'in the report as it may deem just, and when the Planning Commission is satisfied with the correctness of the assessment, the report and the proposed assessment, as submitted, or as revised, corrected, or modified, shall be confirmed by resolution. The decision of the Planning Commission on the report and the assessment and on all protests shall be final and conclusive. The Planning Commission may continue the hearing from time to time as it deems necessary. 8. Contest of special assessment. The validity of any assessment levied under the provisions of this Chapter shall not be contested in any.action or proceeding unless such action or proceeding is commenced within thirty days after the assessment is confirmed by resolution of the Planning Commission. 6 DRAFT' DRAFT ONLY Not for Release 9. Notice of lien --- Form and contents (A) Notice of Lien. Immediately upon confirmation of the assessment by the Planning Commission, the finance director shall execute and,file in the office of the Los Angeles County Recorder a certificate in substantially the following form: (see Exhibit B) "NOTICE OF LIEN Pursuant to the authority vested in the Code Enforcement Official by the Provisions of of the Diamond Bar Municipal Code, on or about the _day of 19_, abated the public nuisance upon the real property commonly known as (address) by taking the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of $ and this amount shall be a lien upon the real property until the sum of $ with interest, at the rate of six percent (6%) per annum from 19_, has been paid in full and discharged of record. The . real property,4erein before mentioned, and upon which a lien is claimed, is that certain parcel of land in the "City 'of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIPTION) Dated: this -day of FINANCE DIRECTOR, CITY OF DIAMOND. BAR (ACKNOWLEDGEMENT)" Exhibit B i DRAYT 0 (B) Recordation. Immediately upon the recording of the notice of lien the assessment shall constitute a lien on the.real property assessed. - lo. Procedures for collection with regular taxes (A) Assessment Book. After recording, the Finance Director shall deliver the notice of lien to the auditor of Los Angeles County, who shall enter -the amount on the county assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes against the property/ .(B) Collection. The amount set forth in the notice of lien shall thereafter be collected as the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency to the levy, collection and enforcement of city taxes are made applicable to such assessment. (C) Refunds. The Planning Commission may order a refund -of all or part of the assessment paid pursuant to this Chapter if it finds that all or part of the assessment was erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the Planning Commission Secretary within six months after the assessment became due and payable. The claim shall be verified by the person who paid the assessment,.or the legal representative of such person. 11. Remedies of private parties The provisions of this Chapter shall in no manner adversely affect the right of the owner(s), lessee, or occupant of any such property to recover all costs and expenses imposed by this Chapter from any person responsible for creating or maintaining the public nuisance. 12. Right of entry (A) Shall be governed by all applicable State and Federal law. (B) It shall be unlawful for any person(s), including an owner(s), agent of the owner(s), lessee or anyone in possession of any property within the city to refuse to allow the Code Enforcement Official, or a contractor engaged by the city, consistent with this ordinance, to enter upon the property at any time during the hours of daylight for the purpose of the abatement of a public nuisance or to obstruct, impede or interfere in any manner with the Code Enforcement official, or a contractor engaged by the city, in any work undertaken pursuant to the provisions of this Chapter. 8' DRAFT DRAFT ONLY Not for Release 13. continuing violations. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly. 14. Penalty for violation No person shallviolate or fail to comply with any provision or requirement of this Code. Any person who 'shall violate or fail to comply with any provision or requirement of this Code shall be guilty of a misdemeanor. However, any provision of this Code may be prosecuted as an infraction at the discretion of the Prosecuting Attorney. 15. Injunction The provisions of this Chapter may be enforced by an injunction issued by any court having -jurisdiction over the suit or the owner(s) or occupant of any real property affected by such violations or prospective violation." Severability. If any section, subsection, *subdivision, sentence, clause - or phrase of this ordinance - is for any reason held to be unconstitutional or otherwise invalid, such decision.shall not affect the. validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more' sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. F:NWP51\WOMORDSU]3ATENWT.PRO CAWP51\RESOLVn\ABATENM 9 DRAFT` r r, W.U!"ITY LOS ANGELES COUNTY DISTRICT ATT9.,.R -EYS %flE BUREAU OF BRANCH & AREA OPERATIONS •CONTRACT CITIES SECTION 4 kivel q 45�*A_-Efl"'� RICHARD W. HECHT • Director GIL GARCETTI 9 District Attorney SANDRA L. BUTTITTA - Chief Assistant District Attorney Region I June 28, 1993 Mr. Jim De Stefano Community Development Director City of Diamond Bar 21.660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-3117 Dear Mr. D6 Stefano: Al Flores has f urnished me with a copy of a proposed property maintenance ordinance for your city. I have taken the opportunity to review the ordinance, and feel the need to make some comments on various aspects. of it. I should make clear that I am looking at this proposed law.from the perspective of a prosecuting attorney concerned only with problems that might arise if a case were to be filed because of a violation of the statute. I want to emphasize that I am fully ' aware that any political decision as to the nature of laws to be enacted rests fully with. your City Council, but I do feel the need to give you some input on the concerns I have after having read and studied your statute and various applicable law. I think probably the best way to proceed would be by going through the ordinance in the order it is written and giving feedback on each particular section about which I an concerned. The only problem with this is that some of -my more important concerns are located at the end of the ordinance, but I still. feel the chronological format will be best. . DEFINITION - OVERGROWN - Undoubtedly one of - the most difficult tasks in writing any ordinance is in trying to achieve language that is clear and concise. For the most part, your ordinance does an excellent job of this, but I do have some Concerns over this definition. ' For example, you say that overgrown is, "to be grown excessively beyond the normal size or scale of the property." Does anyone know exactly what that means? Are you going to enforce this against a property owner who has a seventy year old pine tree or cypress tree that is certainly overgrown beyond the "normal' size or scale of the property"? I imagine the answer is no. Unfortunately, your language defining "excessive" doesn't really help. The author 11234 E. Valley Blvd. Room 110 El Monte, CA 91731 (818) 575-4285 Mr. Jim De Stefano Page Two June 28, 1993 .. - :4. states that excessive is, "going beyond a normal, generally accepted limit dictated by good judgement as established by the character of the neighborhood." This is really meaningless because we have no idea whose "good judgement" we are using or exactly who it is that determines the "character" of the neighborhood. Now you can keep this language in your code, but understand that if you wanted to enforce this phrase in a criminal court we would be unable to prove this type of language beyond a reasonable doubt because it is so vague. DEFINITION - ROOFTOP APPURTENANCES - My concern here is only with the words, "wireless masts". I imagine that your concern here is in regulating what are commonly known as ham radio antennas. The problem is that most local enforcement of such devices has been preempted by the Federal government. I have some information on this if you are interested in more details, or you could contact the Federal Communications Commission for their input. DEFINITION - UNIFORM BUILDING CODE - This is certainly a small matter, but there is really no reason to have inaccurate information in a statute.* The problem is that the Uniform Building Code is not as your author states a "State. Code". Instead, it is a uniform code that is written by the International Conference of Building officials, and that has been adopted by many municipalities as their governing building code. The Uniform Building code has not however been adopted by the State of California. PROPERTY MAINTENANCE STANDARDS (2) - Here you have failed to list in your definition section the origin of the "Uniform Code for the Abatement of Dangerous Buildingste. What the author needs to do is to define this in the sate way you defined the Uniform Building code and the Uniform Housing Code. PROPERTY MAINTENANCE STANDARDS (5) - This section is aimed at individuals who are not keeping adequate landscaping or groundcover on their property. I did want to point out, that to prove a violation of this section you would need to have evidence of erosion, which I imagine you could show by pictures that runoff channels, but it maybe more difficult to show that the lack of groundcover was causing blowing dust. I am not sure how you might deal with this, but it is a . possible enforcement problem in the future. Mr. Jim De Stefano Page Three June 28, 1993 PROPERTY MAINTENANCE STANDARDS (6) - Here my concern is with the last portion of this section, in particular the language, "to allow irrigation,systems to be in * a state of disrepair thereby constituting a fire or health hazard or a danger to the public." No I w by looking at the definition section the reader learns that irrigation is, "The system or methods by which the landscaped areas are to be supplied with water.'11 My question is how can the failure of a lawn sprinkler system become a ' fire or a health hazard or a danger to the public? Are you contemplating that a lawn sprinkler is some kind of fire fighting device? Even if that, I cannot see how this could ever become a health hazard or a danger to the public. If the concern is to require citizens to maintain installed sprinkler systems then why not - just be direct and say, "Irrigation systems must be maintained in an operable condition." While the other may "sound better" it would be impossible to ever prove that someone whose lawn sprinklers -were not working was violating this code section. one other note is that in this section you use the term "Irrigation system", but your definition section only defines "irrigation" when it, appears you really wanted it to define the irrigation, system. It might be advisable to add "system" to the definition thus maintaining an internal consistency between your code and its definitions. PROPERTY MAINTENANCE STANDARDS (7) - Here I.am not sure why. the author inserted the "and" inline two. It seems that your original choice of "or" would be better since it would -mean any of those items is enough to constitute a violation of the statute. PROPERTY MAINTENANCE STANDARDS 11 (D) In this section it ,appears that the author is attempting tosetstandards to ensure that various kinds of junk and -debris are not maintained on property, and the first three sections do an adequate job of this. However, the section here makes it a crime to, have "any device, decoration, design, fence, structure, or vegetation which is unsightly ly by reason of its condition or its inappropriate location." This language is so vague that there is absolutely no way that it could 'ever ..be enforced in a criminal court. No court is going to want to decide whether or not something is an aesthetic violation, especially when you consider that what is one -man's ugly, may be another's beauty. I would suggest that, while you can certainly keep this language if you desire, that since it is unenforceable it would be best to simply delete it. Mr. Jim De Stefano Page Four June 28, 1993 PROPERTY MAINTENANCE STANDARDS (12)_ - This section has basically the same problem as the section above in that its standard is unenforceable. Here the author is attempting to regulate ambient light from one property that falls on adjacent properties. In particular, the section' states, "To maintain any type of illumination which -is directed onto adjacent or proximal properties causing substantial diminution of the enjoyment or use of such properties." My concern is who will determine the latter portion of the sentence. I, one time, dealt with a complaint from a city where one neighbor complained because the next * door neighbor had a sixty watt bulb in her back door porch light. While silly, this is exactly the type of complaint *that would be possible under your proposed code. Not only might you have these type of complaints, but finally there would be no way to resolve the problem because the violation could never be filed because it would be impossible to prove that the sixty watt bulb caused a diminution in the enjoyment or use of the property. PROPERTY MAINTENANCE STANDARDS (15) - The difficulty in this section is simply one of definition. Here you use the term, "commercial trailer or related commercial equipment", butunlike "commercial vehicle" you do not define.the term. Why not use the Vehicle Code definitions for these so that there will not be any argument as to whether or not a particular vehicle is covered, under your code or not.. ABATEMENT PROCEDURES - APPEALS - This is the most important f law in the Code as it is currently written, and needs to be corrected. This whole section gives the city the power to "Abate Public Nuisances" and in it the author establishes the procedures by which the abatements will be accomplished. The problem is 'that as currently written this procedure is clearly unconstitutional! The problem comes from the California court of Appeals case of Leppo v. City of Petaluma, (1971) 20 Cal. App. 3d 771 (enclosed). In the Leppo case the City of Petaluma began an abatement action against a hotel building which the city had determined was unsafe for occupancy. The City reached this conclusion by relying on information provided by its building inspector and city engineer. The owners of the hotel disputed this conclusion with information from their own engineer. There was an extensive correspondence between the parties, and eventually the City Council- passed a resolution declaring 'the building a public nuisance. sometime after the resolution the City had the building destroyed. The property owners sued the City and were successful in recovering the cost of the building. What the plaintiff's in Leppo maintained, among other contentions, was that the procedure adopted by the City was Mr. Jim De Stefano Page Five June 28, 1993 unconstitutional because it did not provide for some form of adversarial hearing before the abatement decision could be made. The court found, "Although it is elementary that an owner of property has no constitutional right to maintain it as a public nuisance, it is equally elementary that he has a clear constitutional right to have it determined by due process whether in fact and law it is such a nuisance. As against this right, no ex parte declaration however formal, by municipal authorities that it is a. nuisance is final against him - - - It is clear that the respondents were not afforded a due process hearing either in the form of judicial determination or a hearing before an administrative body in which respondents had the opportunity to present evidence and cross examine the city's witnesses." What has happened in the procedure currently being contemplated by your city is an abatement procedure without an adversarial hearing. The ordinance currently allows the Code Enforcement official, like the city Council in Lepp , to determine that a violation exists without any adversarial hearing. This problem is not corrected by the current procedure 'which would allow an appeal of the decision to the City Council within ten days. The reason why the appeal is. not enough' is that the Leppo court found that the mere fact that you -could appeal was not enough to discharge the Ci . ty; Is responsibility to provide'an adversarial hearing prior to any abatement. What needs to be established for this ordinance to be constitutional is that a hearing procedure must be set up. This hearing could be conducted by the Planning Commission, Property Maintenance Board, a hearing officer who is not a regular city employee or by the city Council. At the hearing the property owner must have the right to cross examine the City's witnesses, most likely the Code Enforcement official, and have his own witnesses testify. The burden of proof must be on the City to prove the property is not in compliance with the ordinance.. In addition, you would need to have some appeal of the decision either to the City Council, or at least notifying the property owner that they could appeal the decision to Superior Court.' I understand that perhaps. this whole idea of having hearings was not -something that you wanted to get into when you decided to write a property maintenance ordinance. I should point out that if you did not want to abate the nuisances, but only wanted to enforce this as a criminal statute then there would be no need for the hearing process. Instead you would simply refer the violation to the District Attorney's Contract Cities Section for enforcement, action. However, if you. decide to exercise the abatement power then,you must have a hearing system. Mr. Jim De Stefano Page .Six June 28, 1993 .ABATEMENT PROCEDURES - ABATEMENT OF PUBLIC NUISANCES.BY THE CITY - Here the author lays out the procedure to be followed in', the event an abatement needs to be conducted. I noted that you made no provision for seeking a Conner warrant prior to seizing items from a. property that you are. cleaning. I would like to , suggest that you discuss this with your City Attorney since it would be their responsibility to -help you in securing a Conner warrant. I would caution, however, not to proceed with the use of this section until that problem has been corrected. ABATEMENT PROCEDURES - RIGHT OF ENTRY (A) - In Mr. Flores letter tome referring this Code, he asked whether or not it is necessary to include a section on the right of entry in this statute, and the answer is no. Ever since the United States Supreme Court case of Camara v. Municipal Court (1967) 387 U.S. 523, any entry onto private property by a city code enforcement official must meet the same standards that are imposed on police officers. In other words, there are only three ways that you can legally enter property and they are: with the consent of the owner, with an inspection/ search, warrant, or in a true emergency. Therefore/ there is really no reason to attempt to codify in your code the right of entry since it is already limited., I understand that you may have copied this language from some other city or a uniform code, but there really is no reason for it to be there. However, the language you currently have is legally quite acceptable with the exception of the last sentence in the "(A)" section which discusses what the code official will do to seek 'entry. I cannot really imagine why you want that in the code. If, that is a policy you want him/her to follow why not just put that in the officer's training packet. This is especially true since he is not allowed onto the property unless he gets consent, gets a warrant, or there is a true emergency. I would suggest that if you feel the need to . have a "right to entry" section you simply have it say, "The right to enter private property will be governed by all applicable state and federal law." ABATEMENT PROCEDURE - RIGHT OF ENTRY (h) - Let me make clear that my remarks about section (A) do note extend to (B) which is fine as drafted. ABATEMENT PROCEDURE - PENALTY FOR VIOLATION (B) - My section of the District Attorney's office recently received a memorandum from our appellate department which looked at the problem with this type of infraction scheme. I would be happy to share the Mr. Jim De Stefano Page Seven June 28, 1993 results of that inquiry with. you, but here the best thing to say is that it would be best to abandon the increasing fine scheme. Instead make an infraction punishable by one set fine no matter how frequently done. The problem with a defendant who refuses to modify his behavior can be solved by filing a misdemeanor against him as you contemplated in "(A)" of this section. CONCLUSION - I want to thank you for the opportunity you, have provided me to share some of my concerns about the City's new ordinance. I. understand how much time and effort goes into the drafting of a lengthy ordinance such as this, and I certainly do not intend to diminish that work. I felt, however, that there were a number of substantial legal issues that needed to be addressed before this ordinance was passed onto your City Council. If you have any questions or.would like to set up a meeting to - discuss these issues at greater length do not hesitate to 'call me at (818) 575-4285. Very truly yours, GIL GARCETTI District Attorney WILLIAM WOODS Deputy District Attorney it Enclosures 91 LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE A� BUREAU OF BRANCH & AREA OPERATIONS • CONTRACT CITIES SECTION GIL GARCETTI District Attorney RICHARD W. HECHT Director SANDRA L. BUTTITTA • Chief Assistant District Attorney Region I -05 August 6, 1993 Al Flores Code Enforcement officer -10 21660 East Copley Drive Suite 100' Diamond Bar, California. 91766-4177 to Dear Al, I am writing in response to your request for further feedback on the revised Property Maintenance Standards. It appears that all of the concerns that I raised in my prior written response and our meeting have been completed. There are, however, a couple of minor things that need to be corrected before this is submitted to the City Council. The first of these is found in the'definition section and happens every time.t he author refers to the Vehicle Code. The author always cites the particular code'section as "No.," (eg. No. 260)'. The proper way to cite vehicle code sections is as ",section 260". The second concern is in Property Maintenance Standards (6). 1 think a better written expression of this section would be, "To not maintain irrigation systems in an operable condition." This wording is more consistent with the item in a series written construction of this section. The same problem could be corrected in (14)4'fiy deleting the first three words ("No.person shall"), and by simply beginning the sentence with the word,'"To In the Abatement Procedures section there is a typographical error in section 1.(A) 2. the last sentence, where the second "if" should be an "is". In the Abatement Procedures section in the "Conduct" section it z/ might be good, in light of the Leppo case which I previously furnished you, to include 'a sentence which indicates that all witnesses at the hearing are subject to cross examination. This would make it clear that you are providing a full adversary hearing to the property owner, as was required under Leppo. Finally, in the Abatement Procedures section, 12, 1 would suggest that this be reworded as follows: "The right of entry shall be governed by all applicable state and Federal law." I think this would be a clearer statement. 11234 E. Valley Blvd. Room 110 El Monte, CA 91731 (818) 575-4285 AL FLORES Page Two August 6, 1993 Other than these minor changes I feel that the ordinance. as currently drafted could be effectively enforced by your city. If you have any further questions I can be reached at (818) 575- 4285. Very truly yours, GIL GARCETTI District Attorney By WILLIAM WOODS Deputy District Attorney ra DRAFT ONLY PROPERTY MAINTENANCE STANDARDS 'e 6 1A,11 Sections: -Intent and Purpose -Relationship.to other Documents -Definitions -Property Maintenance Standards ... Intent and Purpose. The city Council has determined that,the quality of life in Diamond Bar is directly linked to the character and condition 01 its'Residential, Commercial, and Industrial neighborhoods. It is the purpose of the Maintenance of Real Property ordinance to strengthen provide maintenance standards which shall serve to. sL. visual unity and order, as well as enhance the value of land and development -wi thin the city, and protect the appearance, integrity and character of the community. It is the expressed purpose of this Chapter to declare that property owners shall be responsible for maintaining all L. I structures, landscaping, accessory strucLures, paved areas, appurtenances, fences, and personal property situated on lots and premises in the City of Dia-:.,.ond Bar in a 'manner required to protect - the health and sa_-Fety of users, occupants, and the general public. The property shall be deemed substandard in maintenance if it. violates any portion of this Chapter or any other applicable section of this Municipal Code. ... Relationship to Other Documents. This Chapter is not .the exclusive regulation of property maintenance for the City. It shall be supplemental and in addition to.and not.supersede other regulations contained within the city Municipal Code and other' statutes and ordinances heretofore o --r- . I L. State of California, or any other hereinafter enacted by the City, L 'i legal entity or agency having legal jurisdiction. ct- D ions. eFnen used in this Division, the words, ter -ms and phrases defined in this Chapter she"_ -!l have the meaning and construction given herein/. except - when used * ed in a context which clearly indicates a different meaning or construction. A. Accessory Structure Any 'building, part of a building, structure, or edifice which te the main building, whose use is secondary or subordinate L. to is incidental to, and is used for the benefit of, the main building on the property. This includes, but is not limited to, detached garages, recreation rooms, carports, storage sheds, patios, and work.shops. Adjacent Properties Those.lands, areas or lots lying contiguous to, Or abutting a given property. C. Attractive Nuisance "Attractive . nuisance" -means any condition, instrumentality, or -machine which is unsafe and unprotected and thereby dangerous to children by reason of their inability to appreciate the peril therein, and which may reasonably be exmected to attract children to*the property and to risk . injury by playing with, in or on it. D. Character of*a Neighborhood The distinctive traits, qualities, or attributes which are consistent throughout the immediate, adjoining or surrounding vicinity or district within the City. E. City Of Diamond Bar t A local municipality in the United 'SL -es governed under 'States L. General Law granted by the State of California. F. Code Enforcement official A Code Enforcement official is the city Manager, or any person .L designated by.the city Manager to enforce the provisions of this chapter. G. Commercial Vehicle A 11co-,zaaercial vehicle" is a vehicle as -defined in California Vehicle code section 260 or which exceeds a gross vehicle weight of 3 tons unladen - g. Day A Caldendar day of 24 hours. I* -or vehicle inoperative Ho L - Motor. Vehicle" means any motor vehicle which is unlicensed, unregistered or .otherwise not legally permitted to be driven upon the streets. and highways of the Sta * te of California or any motor vehicle which is disabled, dismantled, wrecked, or from which some essential componentthereof has been removed thereby *rendering such motor vehicle incapable of being driven under its own motive power. 0. Irrigation systems The system or methods by which the landscaped areas are to be su-c-olied-with water 2 L. Mv N. ME IM M DRAFT ONLY Landscaping ".'Landscaping" means a designed or ,natural arrangement* of -plant.' materials including grass, ground cover, shrubs, trees, vines and similar vegetation and may include the use of decorative rock, stones, bark, walls, -fountains, *pools, brick or similar paving as accessory decorativ*e elements. Driveways, parking areas, loading or storage areas and -bare earth, devoid -of living vegetation or accessory decorative elements shall not be considered landscaping. Landscaped Area "Landscaped Area" shall mean those portions of any lot or parcel devoted to or developed with landscaping including those portions of a lot or parcel requited 4- to be landscaped by C' a Conditional Use Permit, Variance, Site Plan,Zoning Ordinance requirement, or other entitlement for use. Motor Vehicle A "motor vehicle" i ' s a- vehicle as defined, in California. Vehicle Code section 415. offending Property, f That real property -Which is in violation oi- the provisions of this chapter.. plainly visible Anything which is perceptible, discernible, clear, distinct, evident, open or conspicuous from any public right of way. Polluted Water llpoiltted water" means water contained in a swimming pool, pond, or other body of water, which includes but is not. limited to bacterial growth,' including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers, and any other foreign matter or material. Property: I. Single f amily. means all property classified as "single family zones" pursuant to. Title 22, .Part 2, Chapter - 22.20 CE the Planning & Zoning Code as the same may be amended from time to time and shall, additionally., mean and include all property, including slopes, actually used for Single family residential purposes-, notwithstanding the underlying zoning of the subject property. 3 1A S. m means all property classified as I'mu 1 zizamily 2. Multifamily �l me 5, Chapter zones" pursuant to Title 22, Parts 3, 4 & 22.20 of the Planning & Zoning Code as the * same may be amended from time to timeand shall'/ additionally, mean and include all .propert property, including slopes, actually used . in . for multifamily residential- purposes, notwithstanding the underlying zoning of the subject property. 3. commercial -means all property classified as "Commercial Zones" pursuant to Title 22, Chapter 22.28 --of the Planning & Zoning Code as the same may be amended I from time to time and shall, additionally, -mean and include all property, including slopes, I actually used for such commercial or special zone purposes,. notwithstanding the underlying zoning of the subject property. 4. Industrial -means all propertyclassificedeas "Induof striale Zones" pursuant to Title 22, r 22.32 th planning & Zoning Code as the same may be amended from time to time and shall, additionally, mean and include including' slopes, actually used for all property, industrial purposes/ notwithstanding the underlying. zoning of the Subject property.. public Nuisance 11publJ c Nuisance" means anything which is injurious to health, L or an obstruction to the free - use of property, so as to life or property L r e enjoyment Of L interfere with the comfortable number of persons in - borhood or by any cons by a neighborhood 0:1C whether the annoyance or damage inflicted upon 3-- the city irrespective naividua'ls is unequal. Refuse and Waste debris and -matter of any kind including but no Rubbish, refuse, concrete, plaster, . tile, - limited to rubble,- asphalt, L_ soils, building materials, crates, cartons, rocks, bricks, containers, boxes, appliances or machinery or parts thereo:ff, scrapmetal ferrous or non ferrous, g L_ triins fs which om furniture, inoperative vehicles and patrs, plants, and trees, cans, bottles and barrels, and mmitem are offensively odorous. L T. Rooftop Roof -L -op Appurtenances Items of structures including, but not. limited to, penthouses,/ stairways, tanks, 'ventilating fans, equipment elevators, parapet walls,, skylights, towers, machinery, fire or parapet flagpoles, chimneys, water tanks, satellite dish, or roof �- ging to, or as an accessory of structures, attached or belonging the roof. 4 DK" T UNLY -esurrounding Property' - Those properties which have one or more of their property lines located within 500 lineal feet of a property line of the offending property. V_ Trailer "Trailer" means a vehicle as defined. in California Vehicle Code section 630. W.- Uniform. Building code The Uniform Code written by the International Conference of Building Officials that has been adopted by the city as their governing building code, and amended from time to time, provides mini -Mum standards to saf eg-uard life or li-mb, health, property egulating and controlling the t -y and public welfare by r design, construction, quality of -materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein. X. Uniform Housing code The Uniform Code written by the International Conference of Building Officials has been adopted by the city as their t coverning building code,. and amended from time to. time, fe or limb, health, prova-des minimum standards to.. safeguard ii -I L property and public welfare by regulating and controlling the use and occupancy, location and -maintenance of all residential buildings and structures within this jurisdiction. Y. Vehicle ,vehicle" means a vehicle as defined in California Vehicle Code section 670. Z.- Yara 1.ront yard" 'means a yard extending across the full widthof a lot between the front lot line and any -main buildingr including the proft i-,Iection of the -main building U -to the side lot lines. ('See Diagram) 2. "Side Yard" means a yard extending from the front yard to the rear yard between the side lot line and any main or accessory building. in the, case of a side yard abutting a Street, the side yard is considered as extending Lr om th e front yard to -the rear lot line. (See Diagram) 3. "Rear Yard" means a yard extending across the full width Of a lot between the rear lot, -line and any main building, including the projections of the -main building to the side lot in 2 above. (See Diagram) lines except as noted 5 DIAGRAM -USTP-AMON .OF LOT AN 'Q Q b-0 4 �J• P. OiN-T Y -A RD . MAIN . f jL Di,G cj)off? �1 1 v UD -0 ''� �'I s DRAFTONLY PROPERTY MAINTENANCE STANDARDS Maintenance of . premises. --Nuisances - It is unlawf ul and a public -nuisance for any person owning, leasing, occupying or having charge or possession of any real property in the City; (1) To maintain -property containing an. "unsafe building or structure" as defined in section 203 of the Uniform Building Code. (2) To abandon or vacate, or cause to be abandoned or vacated any building or structure so that it becomes accessible "to unauthorized persons including/ but not limited to, juveniles or . vagrants.* (3) To maintain property in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute- a public nuisance as defined by civil Code Section 34801 (4) To maintain property without adequate landscaping. or groundcover sufficient to prevent erosion. (5) To naintain property containing dead, diseased or overgrown - trees, bushes, weeds, hedges or other vegetation. (6) To not maintain irrigation systems in an operable condition. (7) To maintain property containing refuse, & waste, garbage/ L offal, animal excrement or other materials or debris which are not kept or disDosed of in accordance with regulations of this code or other provisions visions of law (8) Tomaintainproperty containing attractive nuisances in such k- - limited to: form as but not Abandoned or broken equipment or machinery, or rn (B) Unfenced or otherwise un- protected swianing pools,. spas, ponds or excavations; (9) To riaintain premises with garbage or trash containers stored in front yards and visible from the public right-of-way except when placed in places of I collect' -ion at the times permitted. signs and or n i n i conta (10) To -maintain property or buildings I t - sign structures relating to uses no longer conducted or products no longer stored or sold on comriercial, industrial or institutional buildings in violation of Title 22 Chapter 22,66 of the Planning & Zoning Code. (11) To rmaintain . property including, but not limited to., building exteriors in condition of deterioration or disrepair. This includes, but is' not limited to, the . keeping - c --r- disposing of or the scattering over the property or premises any of the following: (A) jun),-., trash or debris (B) abandoned, discarded or unused objects of equ3pnnent such as automobiles, furniture, appliances, cans or con'-a-iners, (c) stagnant water or excavations,, 7 12 ) plant, shrub hedge or tree on such property so To maintain any p ede the flow of -traffic'? whether s.to interfere with or imp on streets, ehicular or pedestrian, or obstruct visibility, ntersections, sidewalks or other public rights- of -way. 13) To park vehicles) on a single family lot or parcel except rithin a garage or three -sided carport or upon an approved driveway >r other paved parkingarea within the front yard, or within the r yard screened from view. if parked in,a side >ide yard or rea hard, a pedestrian access way shall be maintained on one side yard. (14) To park or store any commercial vehicle, or related commercial equipment upon any single family lot or parcel except exceecommercial vehicles which do not mord agross weight thant.wosuch vehicles may tons (unladen) and provided no be parked on any such lot or parcel. no permit the accumulation or storage, of abandoned, (15) To cause or p trailers campers, wrecked, dismantled or inoperative vehicles, arts thereof, in boats, airplanes or other mobile equipment, or p yard areas or driveways. 16 To construct, use, occupy or maintain any building, structure, ( ) or any part thereof, in violation of any improvement or premises, specific requirement or prohibition applicable to such building, structure or premises contained in the building or zoning regulations of the City or any other law or ordinance of the Citancy or or state relating to. the construction, improvements orcppremises; rlaintenance of buildings, structures, P F:\WFS1\O RD S1?RO?NL".N_T'_ C C:\`YP511RFSOLUT: aeO•'•'•D TN DRAFT ONLY ..q ABATEMENT PROCEDURES sections: .1. Procedures for Abatement of Public Nuisances 2. Appeals 3. Abatement of Public Nuisance by t * he City 4. Abatement of Imminently Dangerous Public Nuisance 5. Account of Abatement Costs 6. Procedure for Special Assessment 7. Hearing on Proposed Assess,..ient Abatement. S. contest of Assessment 9. Notice of Lien 10. Procedures for collection with Regular Taxes 11. - Remedies of Private Parties 12. Right of Entry 13. continuing Violations 14. Penalty for Violation 15. 5. Injunction 1. Procedures for abatement of public nuisances. Whenever the Code Enforcement Official ha . s inspected or caused to be inspected any property and has determined that an unlawful condition - constituting a public nuisance exists thereon, the Code Enforceme'nt. official may use the procedures. set forth in this section for the abatement of such public nuisance; provided/ however, that if the public nuisance is determined to be imminently dangerous to life or adjacent property and to require immediate removal, repair or isolation, the procedures set forth in this used by ordinance, may be u * the Code Enforcement- official., (A) HEARING NOTICE 1. Where the code Enforcement official finds that the nuisance exists, he shall give - not, less than 'seven days' written notice of the hearing to determine whether a nuisance exists to the owner(s) , agent, lessee, occupant or person(s) in possession of the affected properties as shown on the latest equalized tax assessment role by nailing the same to the owner's address as indicated thereon, and further, within the same tii.,-te period, by conspicuously posting on 'he affected property, building or structure a copy of the notice. .2. The notice shall indicate the nature of the alleged. nuisance, the description of the property involved, and the designation of the time and place of the hearing to deter -mine whether the same cons t- i tut- es a nuisance, and the manner of its proposed abatement if the same is found to be . a nuisance. 1 . DRATT DR"TOALX 3, The notice and order of abatement shall be served on every party by regular mail; however,. the failure of any shall not affect the validity of person to receive a notice any proceedings under this chapter. .(B) CONDUCT 1. The hearing to determine n whether a nuisance exists shall be conducted by the city Manager - or his I s - duly . authorized representative, who shall act as the Hearing officer. The Hearing Off icer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of civil Procedure Section 2093 (a) 2.At the hearing, the Hearing officer.shall consider all relev . an4%-- evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. � All witnesses are subject to cross examination. tion.Based upon the evidence so presented, the Hearing officer shall determine whether a . nuisance within the meaning of this chapter exists. (3). The decision of the Hearing officer shall be final. �L and conclusive in the absence of an appeal as provided in this chapter. (c). ORDER OF ABATEMENT' The Heating Officer ,shall, within five working days of .the hearing, give a copy of the written notice of his decision by regular -mail to the owner (s) and a copy to any other person recrues-LL-i-ng the same.. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner(s) of the affected property or the person in the its property, and shall set forth the nature of the nuisance, control and/or charge of. s location, and the time and manner. for its abatement. (See exhibit A) (D) EXTENSION OF TIME TO PERFORM WORK. Upon receipt of a written request from any person required. to comply with the notice and order, the Code Enforcement Official may grant an extension of time within which to complete the abatement, if the Code. Enforcement Official determines that such an extension of time will not .L - . create a situation imminently tly dangerous to life.or property. The code Enforcement official shall have the authority to place reasonable conditions on -any . such extension. 2 DRAFT IM"T ulyi-ly -NOTICE AND ORDER TO ABATE A PUBLIC NUISANCE TO THE OWNER(S), AGENT OF THE OWNER(S),-LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: The building, structure, improvement, or property which is the subject of this notice is situated in the City 'Diamond Bar, Los Angeles County, California, on premises described as LOT—, BLOCK TRACT . and )mmonly known as YOUR ATTENTION IS HEREBY DIRECTED to the provisions of of the Municipal Code of the 'ity of Diamond Bar, California on file in the office of the City Clerk in the City Hall.. Pursuant to the provisions of you are hereby notified that the violations consist of ----------------- (DESCRTpTTON OF UN -LAWFUL CONDITIONS) ied conditions by taking the following actions (s): soecif fou are farther notified and ordered to abate the above DESCRIPTION OF ACTIONS NECESSARY (TO ABATE UNTLANVFUL CONDITIONS) , Such action(s) must be completed within (insert time period) days from the date of your receipt of this notice and order, and theraafter you must maintain the property free of any or the unlawful conditions described above. It is y6ur responsibility, to obtain 211 appropriate permits and to dispose of any material or materials involved in the pubic nuisance in a legal manner. In the event you fall to complete such work within the ti-me.hereinabove mentioned, the undersigned shall cause the appropriate action to be t2l<'en and completed, and the, charges therefor will be a lien upon the property or upon the lot or parcel of land adjoining and abutting the public fight -off -way or sidewalk in the event the public right- of-way or sidewalk is 'to. be clezned or otherwise protected. You are advised that any person(s) holding record title or having any interest -in the property may appeal from determination of the Hearing Officer to the Ci ti' Planning Commission within ten days this notice and order, or any from the date of service of this notice and order. Nlilrinen notice of such, appeal must be filed in the, office of the Planning Commission Secretary in the City Hall at 21865 E. Copley Drive, Suite 190, Diamond - Bar, CA 91765. 117 no appeal is filed within the time prescribed, the deter-i-i!nation of the Hearing Officer shall be final. 'his notice and orde: may be recorded against the property in the Office of the You are far-dier advised that 0 0 County Recorder. DATED, This day of 19 Hearing officer Exhibit A 3 DRAFT Within ten days after the date -of service of the notice and order cribed above, the owner(s), agent of the owner, lessee, occupant, or son in possession of the property who may have- been served with a ,ice and order, or any person interested in the property affected by such order, may appeal to the Planning commission as to the Ice, . and ments.of such notice and order. Such appeals shall be in writing, [uire Lll state the objections of the person filing the appeal, shall he filed Commission s. the time specified. herein, ,h the Planning Comm Secretary within the Planning' Commission by the Planning I shall be presented to . ing ' Comm Commssio innission secretary at its next regular meeting. The Planning mm n ed to hear and act upon the appeal. The Planning u-niss the proceed by oceresolution, determine whether the Code Enforcement zion Eicial shall proceed in accordance with the notice and order as given, or modified by the Planning. Commission, or not at all, and its decision ereon shall be final and conclusive. The hearing may be continued by the anning Commission from time to time as it deems necessary. Limitation of filing judicial action. -Anv owner(s) or other terested person having any objectioiis. or feeling aggrieved at any oceeding taken on appeal by the Planning commission in ordering the ,atement of any public nuisance under the provisions of this Chapter must -ing an action - to con -test such decision within thirty days after the date such decision Of the Planning Commission. otherwise, all objections to Lch decision shall'be deemed waived. Abatement of Public nuisances by the city. (A) If the owner(s) I agent of the owner, lessee, occupant, or person a possession of the property who may be served. with a notice and order hall fail take to saction as required by the notice and order within the t- . C A.- . in ime therein necif ied, or as extended by the Planning commission, and ccordance with the provisions of this Chapter, the Code Enforcement --ficial shall take action as specified in the notice and order to abate he public nuisance existing on the property. (B) Abatement of the public nuisance may, at the discretion of the :ode Enforcement official, be performed by* city forces or by a private. :ontractor engaged by the city pursuant to the provisions of this code. Notwithstanding comDliance with the notice and order, the (C) the property :)wner(s)., and any other persons having an interest in ,.Iescribedin the notice, shall in all events be jointly and severally liable for all costs incurred by the -city in securing such compliance. �r_oneys due the city pursuant. to this subsection may be recovered in an r that abatement -costs are recovered appropriate court in the same Wanner pursuant to this Chapter. 4 DRATT DRATT. ONLY 4. Abatement of imminently dangerous public nuisances. Whenever the city Manager or his duly authorized representative determines that a public nuisance is so imminently dangerous to life or adjacent property that such condition must be immediately removed, repaired or isolated, the Code Enforcement Official shall notify all appropriate public safety agencies and implement the following procedures: (A) Notice- The Code Enforcement Official shall attempt to make contact through -a personal interview, or by telephone, with the owner(s) of the property or the person/ if any,*occupying or otherwise in real or In the event such contact is made, apparent charge,and*control thereof. the Code Enforcement Official shall notify such person, or persons, of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property. .(B) Abatement. If the Code Enforcement official is unable to make contact as herein above noted, or if the appropriate persons, after notification by the Code Enforcement official, do not take action within such time as may be specified by such official, then the Code Enforcement official may take all actions deemed necessary to remove, repair, or isolate such dangerous condition or conditions, with the use of city forces or a contractor engaged pursuantto the provisions of this Code. 5. ' Account of abatement Costs. (A) The Code Enforcement official, in conjunction with the :finance director, shall keep an itemized account of all costs incurred by the city in the abatement of any public nuisance under this chapter. Such costs may include but are not limited to, any and all direct costs and expenses related to such items as investigation, ' boundary determination, measurement, personnel salaries and benefits, operational overhead, fees L .for experts or consultants, legal costs or expenses, including attorney's fees, claims* against the city arising as a, consequence of the public r nuisance, clerical and administrative cost, and procedures associated with collecting moneys due hereunder. (B)Upon completion of the abatement work, the Code Enforcement official shall prepare a report specifying the work done, the itemized costs of the work necessary to abate the public nuisance, a description of the property involved, and the names and addresses of the persons entitled to notice pursuant to this chapter. s Any such report may include coston . any number of properties, whether i or -not contiguous to each other, and whether or not under the same ownership. The report shall be filed with the Planning Commission Secretary.. 5 DRATT Procedure for s ecial assessment (A) . Hearing Notice. Within ten days after the filing of the report :rred to herein, the Planning commission Secretary shall fix a time and passing upon the rep ,e for hearing and pass ort. The Planning commission 7etary shall cause notice of the . . proposed assessment, as set forth in report, to be given to the owner(s) in the manner specified herein. i notice shall contain a description of the property sufficient 'to Dle the persons served to identify it, and shall specify the day, hour, lanning Commission will hear and pass upon the report, ether with any objections or protests place when the P - which may be raised by any persons ble to be assessed for the costs, of such abatement. Notice of the ring shall be given not less than fifteen. (15) days prior to time fixed the Planning Commission Secretary for the hearing,. and shall to the of the hearing, also be h l'in lished once, at least fifteen days prior . county. ewspaper of general circulation published in the ests Any interested person may file -a written protest with (B) protests. - Commission Secretary at any time prior to the time set for the Planning COMMIs such protest rt of the Code Enforcement official. Each s :ring on the repo J- official. .11 contain a description cription of the property in which the person signing the and the grounds of such protest. The Planning )-%-est is interested ;,:omission secretary shall endorse on every such protest the date and time filing, and shall present such protest to the Planning commission at the I t r,e set for hearing. Hearina on -proposed special.., assessment. Upon the I day and hour fixed for the hearing, the Planning Commission ,all consider the report of the Code Enf orcem ent. of f icial, together with. ,y protests, which 'have been f iled with the Planning commission Secretary. , ' Planning Commission may make such revisions, corrections, . or .e k- 3 t nay deem just, and when the Planning )--iif ications 'in the report as i ;-:mission is satisfied with the correctness of the assessment, the report id the proposed assessment, as submitted,, or as revised, corrected, or )dified, shall be L . confirmed ed by resolution. The decision of the Planning D-. porThe eapssb_n,ission on the rerinaand conclusive. Planning con, mission. may continue the hearing ro-,,I time to time'as it deems necessary. Contest of special assessment. en -1-- levied under the provisions of this. The validityofany Assessm " " such - :hapter shall not be contested in any action or proceeding unless. ing is commenced within-thirtv days after the assessment. ,ction or proceed of the Planning Commission. .s confirmed by resolution 6 DRA-ff f 9. Notice of lien --- Form and contents (A) Notice of Lien. Immediately upon confirmation, of the assessment by the Planning Commission, the finance director shall execute and file in the office of the Los Angeles County Recorder a certificate in substantially the following form: (see Exhibit B) "NOTICE OF LIEN Pursuant to the authority vested in the Code Enforcement Official by the Provisions of of the Diamond Bar ;tifunicipal Code, on or about the _day of , 19_, abated the public nuisance upon the real property commonly known as (address) by taking the following actions (s): The same has not been paid nor any part thereof, and the City of Diamond Bar does hereby claim a lien on the real property for the net expense of the doing of the abatement in the amount of S , and this amount shall be a ,with interest at the rate of six percent (6%) per annum lien upon the real property until the sum of $ from , 19_, has been paid in full and discharged of record. The real property herein before mentioned., and upon which a lien is claimed, is.that certain parcel of land in the City of Diamond Bar, County of Los Angeles, State of California, and legally described as follows: (DESCRIPTION) Dated: this day of 19 -- FINANCE DIRECTOR, CITY OF DIAMOND BAR (ACKN,OWLEDGEhfENT)" Exhibit B DRAYf DRATT. ONLY (B).Recordation. . Immediately upon the recording of the notice of lien assessment shall constitute a lien on the real property assessed. Procedures for collection with re lar tax es (A) Assessment Book.. After recording, the Finance Director shall Liver the notice of lien to the auditor of Los Angeles County, who shall book opposite the description of ter the amount on the county assessment e particular property, and the amount shall be collected together with 1 other taxes against the*propertv/ (B) collection. The amount. Set- forth in the notice of lien shall ereaf ter be collected as the same time and in the same manner as ordinary -tv taxes are collected, and shall be subject to the same penalties and Merest and to the same procedure under foreclosure and . sale in case of Jinquency to the levy, collection and enforcement of city taxes are made � )plicable to such assessment. Planning c o -,-,Ln of all or (C) Refunds. The P ,,ission may order a refund ant. -to this Chapter if it finds that all art of the assessment paid pursuant. f the assessment was erroneously levied. An assessment or part aereof part o shall not be refunded unless a claim is filed with the Planning Ommission secretary within six months after the assessment became due and ll esenta ebson who paid the ayable. The clai-m shative of suchperson- ssessment,.o-_ the legal repr Remedies of private parties The provisions of this Chapter shall in � of the owner(s), lessee, or occupant :o manner adversely affect the right cover all costs )f any such proand expenses imposed by this property to. re I ;hapten from any person responsible for creating or maintaining the public iuisance. L2 Right of entry Shall be governed by all applicable State and , Federal law. lawful for any person (s) , including an owner (s) (B) 1t shall be un possession of any property f agent othe owner(s) , lessee or any in L within the Cito refuse to allow the Code Enforcement official, or a t%_y contractor engaged by the city, consistent with this ordinance, to enter unon the property at any time during the hours of daylight for the purpose public nuisance or to obstruct, impede or interfere the abate-ment of a _ -oode Enforcement official, or a contractor engaged A- of this .:- any manner with the C pursuant o the provisions by the city, in any work undertaken pu t Chapter. DRAFT DRAFT ONLY L3. . Continuing violations. It shall constitute a new and separate offense for each and every day wring any portion of 'which a violation of, or failure to comply with, any provision or requirement of this Code is committed, continued, or permitted by any person and shall be punished accordingly, 14. Penalty for violation No person shall. violate 'or 'Lail to comply with any provision. or requirement of this Code. Any person who shall violate or fail to comply with any provision or requirement of this Code shall be guilty of a misdemeanor. However, any provision of this Code may be prosecuted as an infraction at the discretion of the Prosecuting Attorney. 15. Injunction The provisions of this Chapter may be enforced by an injunction issued by any court" having. Jurisdiction over the suit or the owner(s) or occupant of any real property affected by such 'violations or prospective violation." %- section, severability. I J-1-' any sec -t, subsection, 'subdivision, sentence, clause or phrase of this ordinance 'affect the for any reason held to be 'L. unconstitu1onal.or otherwise invalid, such decision shall not validity' of the remaining portions. of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, U .sentences, clauses or phrases be declared unconstitutional. FAIAT5 INWORMORDS�ASATLVWT-P-RO CAWPS 1\-RESOLb=1�ABA7E-'-C1*2 9 DRAFT' 711 L ,PP y CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 Civ.No, 27288. First Dist., Div. Three. Oct. 20, 1971.1 #; ARRISON McNEAR LEPPO, as Trustee, etc., et al., H s arid Respondents, v. Plaintiff Appellants. CITY OF PETALUMA et al., Defendants and App SUMgARY t ' The trial court entered judgment against a city and its demolition con- ers for damages for the demolition of tractor and in favor of property own a building. The city's building inspector and its engineer had concluded that =; t the building was unsafe for occubpa they ownerswhich coAfterioconsaderable disputed ones - s' ' structural engineer employed y pondence between the parties, the city council passed a resolution declaring the building to be a public nuisance and directing its abatement. The city .i then contracted for demolition of the building and after it was razed plain- the brought their action for damages. (Superior Court of Sonoma County, ti 1 No. 57599, F. Leslie Manker, Judge.) The Court of Appeal affirmed the judgment as against the city, but re- versed it as to the contractor, holding that a contractor is not liable under :.5 t held that plaintiffs' complaint, liberally con such circumstances. The cour - strued, stated a cause of action against the city and that there was substan- 7� tial evidence supporting the trial court's determination that the city had not -4,dits burden of proving that the building was an immediate hazard and lic at the time of its demolition. Placing the burden of danger to the pub regarded as proper in that it had not afforded the proof on the city was ' owners a due process hearing either in the form of a judicial determination or an administrative hearing prior to the demolition. No merit was found {' in a contention that the owners were required to seek an extraordinary writ to prevent the demolition rather than suing for damages after it was ac - x. complished. (Opinion by Brown (H. C.), J, with Draper, P. J., and Calde Cott, J., concurring.) ,� [Oct. 19711 712 LEPPO.V. CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 HEADNOTES Classified to McKinney's Digest (1a, 1b) Municipal Corporations § 469—Actions—Pleading-Unlawful Demolition of Building. ---Under the rule of liberal construction set forth in Code Civ. Proc., § 452, and the law applicable, a complaint for damages for the demolition of a building stated a cause of actior against defendant city, where it was alleged that a demolition con tractor engaged by the city unlawfully entered upon plaintiffs' prop erty, over their objections and without their consent, and demolishec the entire building situated thereon, and that the city council tool summary action to abate as a public nuisance plaintiffs' propert: without a court determination. [See Am.Jur.2d, Nuisances, § 198.et seq.] (2) Eminent Domain § 3---0ffier nent domainp prowers ivate p operPtywmay nc the exercise of the right of em be taken without compensation therefor, whereas, in the exercise, c the police power, the use of property may be restricted or it may eve be destroyed, and no legal liability arises to compensate the owns therefor. [See Am.Jur.2d, Nuisances, § 198 et seq.] (3) Constitutional Law § 97—Police Power --Right to Damages: P unjustified or unlawful exercise of the police power in destroying private dwelling will give rise to a cause of action for damages agair the public authority. (4) Nuisances § 27--Remedies--Summary Abatement by Officials. Failure to seek an injunction against demolition of a building by city pursuant to a resolution of its council did not preclude the own, from subsequently seeking damages for such demolition. While owner of property bring do so w'llaction not prevenjoin ent recovery threatened for damai ful destruction, fai ure fo caused by that destruction. (5a -5c) Nuisances § 27 Remedles:Rummary Abatement by Officials In an action by property owners against a city for damages for demolition of a building pursuant to a resolution of its council, trial court prop oly f impose e ev denceupon the city the burden of itt sY by a preponderancethat the building constitute . [Oct. I 713 L,EPPO ` CITY OF PETALUMA 20 C.A.3d 711; 97 Ca1.Fptr. 840 public nuisance and as such warranted summary demolition, where, though the city acted pursuant to summary abatement procedures pro- vided by Gov. Code, §§ 38660, 38771, 38773, 38773.5, the owners were not afforded a due process hearing either in the form of a judicial determination or an administrative 6�aring prior �al duty haslibeen The presumption of Evid. Code, § 664, that an official be applied so as to shift to a property regularly performed cannot his demolished building was in fact owner the burden of proving that not a public nuisance, thereby vitiating the requirement of Cal. Const., art. I, § 13, that no person shall be deprived of property without due process of law. (6) Nuisances § 27—Remedies—Summary Abatement by Officials --Due Process. The official duty of a city in a case in which it seeks to abate a nuisance is to afford the property owner a due process hearing con- sisting of an opportunity to be heard and a determination upon compe- tent sworn testimony. (7) Nuisances § 27—Remedies—Summary Abatement by Officials --Due Process.—An owner of property has no constitutional right to maintain it as a public nuisance, but he has a clear constitutional right to have it determined by due process whether in fact and law it is, such a nuisance; as against such right, no ex parte declaration, however formal, by municipal authorities that it is a nuisance is final as against him. (8) Nuisances § 27—Remedies--Summary Abatement or b tatutory officials.—A, municipality may not, either at common power make a specified property a nuisance by mere declaration, when in fact it is not. (9) Nuisances § 27—Remedies---Summary Abatement by officials—Due process.—Due process of law requires that any order of demolition of private property under the police power must be based on competent sworn evidence that the property falls within the legal concept of a nuisance, and that in fairness and to justice there is no other way rea- sonably to correct the nuisance. (10) Nuisances § 27—Remedies--Summato demoby lition tioon cia build - .—In an action by a property owner for damages ing by a city pursuant to resolution of its council, there was substantial evidence supporting the trial court's determination that the city had [Oct. 19711 714 LEPPO V. CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 not met its burden of proving that the building was an immediate hazard and danger to the public at the time of its demolition, where a structural and civil engineer called by plaintiffs testified that repairs were feasible, that a brick wall did not pose an immediate danger or hazard, and that many buildings in the city had the same condition. (11) Nuisances §'27---Remedies—Summary Abatement by Officials.—In an action by property owners for damages for demolition of a building pursuant to a resolution of a city council, judgment against a contrac. tor employed by the city to do the demolition was improper. If a con- tractor follows plans and specifications furnished by a public agency and damage results, the public agency and not the contractor is liable. COUNSEL Edouard E. Robert. City Attorney, and William B. Boone for Defendants and Appellants. John D. Flitner, City Attorney (Santa Rosa), Michael J., Donovan, Assist- ant City Attorney, Allen Grimes, City Attorney (Beverly Hills), John A. Van Ryn, City Attorney (Santa Maria), John D. Maharg, County Counsel (Los Angeles) and Edward H. Gaylord, Assistant County Counsel, as Amici Curiae on behalf of Defendants and Appellants. Lounibos & Lounibos, John B. Lounibos, Lamson, Jordan, Walsh & Law- rence, Paul S. Jordan and Michael P. Carbone for Plaintiffs and Respond- ents. OPINION BROWN (H. C.), J.—Respondents were awarded a judgment in the sum of $30,636.42 by reason of the demolition of their building by the City of Petaluma and their demolition contractor, Cecil H. Kinney. The City of Petaluma claims (1) that respondents' complaint did not state a cause of action; (2) that the respondents should have instituted an action to restrain the demolition; (3) that the trial court erred in ruling that the city had the burden of proving the dangerous condition of the building, and (4) that the evidence did not support the trial court's ,finding that the building was not a public nuisance. (Oct. 19711 715 LEPPO v. CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 Appellant Kinney contends that the liability, if any, is upon the public agency and not the contractor. Respondents, as trustees of a testamentary trust, r roved wnth�a of t ree, property in the City of Petaluma. The property P story budding known as the American Hotel Building which was approxi- mately too years old at the time of its demolition. The two upper floors were used for hotel or rooming house purposes, and the street floor was divided into three stores occupied by tenants engaged in various types of retail business. In January of 1966, a one=story structure abutting the building was de- molished. The north wall of respondents' building was thus exposed dis- closing its dilapidated condition. The city building inspector and city en- gineer, after examination of its exposed condition, concluded that the building was unsafe for occupancy. The respondents were notified. A struc- tural engineer employed by respondents, however, disputed the city's opinion that the building was imminently dangerous. Thereafter consider- able correspondence was had between the city and respondents. In May, the city wrote to the occupants and suggested that they take immediate steps to relocate because of the opinion that cracks in the building were widening. The city council also determined in May to proceed to demolish the build- ing without any judicial determination that it constituted a nuisance. The city attorney wrote respondents' attorney advising that if respondents did not express an intention by June 10 to act upon their own to demolish the building, the city would proceed with the demolition. At a meeting of the city council on June 13, 1966, a resolution was passed declaring the build- ing to be a public nuisance and directing its abatement. Pursuant thereto, appellant Kinney, a contractor, was awarded a contract by the city council for the demolition. Kinney completed the demolition in September. There- after this action was instituted which resulted in a judgment for respondents in the sum of $30,636.42. (1 a) Appellants contend that the complaint was fatally defective be- cause it failed to allege that the building was not a public nuisance; that there was a failure to give respondents an opportunity to be heard, and that there was a failure to obtain a judicial or administrative determination of whether the building was a nuisance. Respondents' complaint alleged that ". [D]efendant CECIL H. KtN- NEY . entered into a contract with defendant city to undertake the demolition of the building. Purstto said contract ad defendant CECIL Hn KINNE acting at unla ve direction of said defendant city, said [Oct. 1971 716 LEPPO V. CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 heir tions fully entered upon plaintiffs' said lroperty, over demolish thetentire budding dwithout their consent, and proceeded to situ- ated thereon. . . .it (Italics added.) The complaint also alleged that the city council took summary action to abate as a public nuisance plaintiffs' property without a court determination. "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Code Civ. Proc., § 452.) (2) "In the exercise of the right of eminent domain, private property may not be taken without compensation therefor, whereas, in the exercise of the police power, the use of property may be restricted or it may even be destroyed, and no legal liability arises to compensate the owner there - for." (Patrick v. Riley, 209 Cal. 350, 355 [287 P. 4551, quoting from Gray v. Reclamation Dist., 174 Cal. 622, 638 [163 P. 1024].) (3) An un- justified or unlawful exercise of the police power in destroying a private dwelling will give rise to a cause of action for damages against the public authority. (See also House v. L. A. County Flood Control Dist., 25 Cal.2d 384, 388-389 [153 P.2d 950].) (lb) We have concluded that under the rule of construction and the applicable law set forth above, the cause of action was sufficiently pleaded. (See Solly v. City of Toledo, 7 Ohio St.2d 16 [36 Ohio Ops.2d 9, 218 N.E.2d 463].) (4) Appellants' next contention is that respondents should have sought an extraordinary writ to restrain the demolition. It is not disputed that the respondents could have sought relief from the under section 1094.5 of the Code of Civil Pro- city's order by proceeding cedure to restrain the demolition. As appellants point out, this has been done in a number of cases. (E.g., 'Armistead V. City of Los Angeles, 152 Cal.App.2d 319 [313 P.2d 1271; Yen Eng v. Board of Building & Safetti Commissioners, 184 Cal.App•2d 514 [7 Cal.Rptr. 5641; Perepletchikoff v City of Los Angeles, 174 Cal.App.2d 697 [345 P.2d 261].) These cases however, do not hold or contain language which would support a hold'inc that the property owner.waives his right to bring an action for damages b, a failure to proceed by way of an extraordinary writ.. Obviously the cit: also had an alternative to summary abatement and could itself have filed complaint seeking a judicial determination that the building was a publi nuisance. (E.g., City of Bakersfield V. Miller, 64 Cal.2d 93 [48 Cal.Rptr 889, 410 P.2d 393].) The city can hardly now complain that the respond ents did not seek the earlier remedy which it had decided to forego. No California case has been cited or found in which the landowner h€ [Oct. 197 717 j,EPPo v. CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 he brought a suit for damages after �Izio St 2d 16uction of the building. In t [36 Ohio Ops 2d 9,0218 Er . case of Solly V. City of Toledo, 7 ested that, after plaintiff " 2d 463, 467], the court stated: " It may be sugg N.E• trwSzr}r was notified that the city had found public nuisances to exist at her two asn notified and that unless she abated those nuisances within 30 days the city properties plaintiff should have sought to enjoin the city Y would destroy the properties, rri from destroying those propees, and, not having done so, cannot now recover damages because the city did destroy them. However, the owner of property is under no duty to bring an action to enjoin its threatened wrong- do rong- , damages ful destruction and failure to My. lol tnerl not prevent(1934),r252rKy. 249, caused by that destruction (Moll CO.Co 67 S.W.2d i.)„ We agree with the reasoning of Sol1y and apply it here.The remedies . aggrieved owner of prcperty include an action for damages as z; afforded an aggr well as preventive measures by injunction proceedings. (5a) The next question raised is whether the trial court erred in holding i. that the city had the burden of proving that respondents' building consti- d as such warranted summary demolition. tuted a public nuisance an ers Respondents, as plaintiffs, produced evidence that n they rmationre ethatnthe of the building; that their engineer had given the ori - building was not a danger and that they had refused written or oral aut that u.. zation to the City of Petalearin uma t on the demolish quest on of building, he immediate further, ate need for ;. they were, not afforded a bearing ' the demolition and thus were denied the right to cross-examine the city's ti witness. Respondents presented evidence of the value of the building and that the $6,036 bill represented in the bill for demolishing Appellants ellanthe btstlding was thereafter a lien against the property. Respondents then rested. App proceeded with evidence that the building was a nuisance and constituted a danger necessitating its immediate demolition. r te a (6) The official duty of the city in a due ase in `rocesshich thearing which hey seek to acon- nuisance is to afford the property o P lists of an opportunity to be heard (Thain v. City of Palo Alto, 207 Cal. App.2d 173, 191 [24 Cal.Rptr. 515]) and a determination upon competent sworn testimony. (Armistead V. City of Los Angeles, supra, 152 Cal.App. 2d 319, 324.) (7) "Although it is elementary that an owner of property has no constiit is - tutional right to maintain it as a public nuts t determi nd by du process that he has a clear constitutional right to have whether in fact and law it is such a nuisance. As against this right, no ex parte declaration, however formal, by municipal authorities that it is a , nuisance is final as against him. [Oct. 1971] ai' 718 LEPPO V. CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 "It is said that even at common law a city or town has power to abate a public nuisance. Usually it has statutory .power, vested in its governing i body, to declare and abate public nuisances. (8) But neither at common law nor under such express power can it, by its mere declaration that speci- fied property is a nuisance, make it one when in fact it is not." (14 A.L.R. 2d § 8, p. 82.) (5b) It is clear that the respondents were not afforded a due process hearing either in the form of a judicial determination or a hearing before an administrative body in which respondents had the opportunity to present evidence and cross-examine the city's witnesses. (9) " . . . [I]n such cases as this due process of law requires that any order of demolition of private property under the police power must be based upon competent sworn.evidence that the subject property falls within the legal concept of a nuisance [citations], and that in fairness and in justice there is no other way reasonably to correct the nuisance. [Citation.]" (Armistead v. City of Los Angeles, supra; 152 Cal.App.2d 319, 324.) (5c) In an emergency situation involving the physical safety of the populace, the city could dispense with a due process hearing and demolish a building summarily. (See 58 Am:Jur.2d, Nuisances, § 204, pp. 804-805.) However, to then argue, as do appellants, that the presumption of Evidence Ccde section 664* operates to shift to the property owner the burden of proving that his demolished building was in fact not a public nuisance would be to vitiate the requirement of article I, section 13 of the California Constitution that no person shall be deprived of property without due proc- ess of law. Although the city acted pursuant to Government Code sections which provide for the summary abatement of nuisances by the city (see Gov. Code, §§ 38660, 38771, 38773, 38773.5), these sections "like every other legislative, executive, or judicial power, . . . [are] subject to article I, section 13 of our California Constitution." (Armistead V. City of Los Angeles, supra, at p. 323.) While we have not found authority in California that states where the burden of proof lies, other jurisdictions have held that the municipality has the burden of proof of the nuisance and the necessity for. its immediate abatement. (See Solly V. City of Toledo, supra, at p. 466; Crossman v. City of Galveston, 112 Tex. 303 [247 S.W. 810, 815, 26 A.L.R. 1210]; Lawton v. Steele,.152 U.S. 133, 135 [38 L.Ed. 385, 388, 14 S.Ct. 499].) We feel that the reasoning of these cases should be applied here. Such conclusion is consistent with the rule requiring the state to have the burden ,of proving *Evidence Code section 664 provides in pertinent part that: "It is presumed that official duty has been regularly performed. . [Oct. 1.9711 LEPPO V. CITY OF PETALUMA 20 C.A.3d 711; 97 Cal.Rptr. 840 719 the necessity for taking of private property for public use in condemnation' proceedings. We conclude that in emergency situations the city may act summarily to abate a nuisance, but in such case the city must be prepared to establish by a preponderance of evidence that an emergency actually existed. This was the burden imposed upon the appellants by the trial court. (10) The trial court then found upon conflicting evidence that appellants had not met this burden of proving that the building was an immediate hazard and danger to the public at the time of its demolition. Our function as a review- ing court, therefore, is limited to determining whether there was substantial evidence to support this finding. Respondents called Mr. Leslie Wallace Graham, a structural and civil engineer, who testified. that repairs were feasible; that the brick wall did not pose an immediate danger or hazard; and that many buildings in the City of Petaluma had the same condition. This opinion by a qualified ex- pert in the field clearly amounts to substantial evidence. Since the trial court had resolved the issue on "substantial evidence, we are bound by that de- termination. (11) Judgment was also awarded against appellant Cecil H. Kinney, the contractor engaged by the city to do the demolition of respondents' building. The judgment as to Kinney must be reversed. "The law is well settled that the contractors or subdividers could not be held liable for the damage in a direct or inverse condemnation suit. ` "If the contractor follows the plans and specifications furnished by the public agency, and damage results to the adjacent property, the public agency and not the contractor is liable."' [Citations.] The reason for the rule is obvious. In case of damages in an inverse condemnation proceeding it is the public that has devoted the property to the public use, and the public and not the private contractor should pay for the damage. .. ." (Anderson v. Fay Improvement Co., 134 Cal.App.2d 738, 745-746 [286 P.2d 513]; see also Di Maggio v. Mystic Building Wrecking Co., 340 Mass. 686 (166 N.E.2d 213, 2181.) The judgment in favor of respondents as against the appellant City of Petaluma is affirmed. The judgment as to appellant Cecil H. Kinney is reversed. Costs'to be borne by the City of Petaluma. Draper, P. J., and Caldecott, J., concurred. A petition for a rehearing was denied November 8, 1971, and the peti- tion of appellant City of Petaluma for a hearing by the Supreme Court was denied December 16, 1971. [Oct. 19711 INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Planning Technician SUBJECT: Status of Parking Standards Review DATE: January 19, 1994 At the November 8, 1993 Planning Commission meeting, the Commission reviewed and commented on parking standards of Los Angeles County and City of Walnut. At that time, the Commission directed staff to collect, review, and analyze parking ordinances from other cities. The Commission also directed staff to prepare a draft parking ordinance for their review at a later date utilizing parking ordinances from other cities and incorporating the Commission's comments.. The Planning Commission directed staff to consider eliminating compact parking, no overnight on -street parking, the incorporation of transportation demand management standards, parking acquisition fund, size of parking stalls, landscaping, and unique parking situations dealing -with fast-food restaurants. Parking ordinances are being collected from other cities and reviewed. At the conclusion of this process, staff will return to the Planning commission with draft parking ordinance. MEMORANDUM DATE: January 18, 1994 TO: Chairman and Planning Commissioners FROM:. Robert Searcy, Associate PliwW4qr_ � - — t'i 0 RE: Status of Sign ordinance Review pnimlml Pursuant to the direction from the Planning Commission at the November 8, 1993 Commission meeting, staff has begun to compile sign ordinance information from various cities to address the expressed areas of concern. Specifically, staff is reviewing the sign ordinance in the following areas: The size of and yro-cess for obtaining freestanding I standY" , The pro'c9ifs,"fdr olRaining other types of sign permits including but not limited to wall signs, Planned Sign Programs, and other on and off site signs. . The format I and presentation and the possibility of condensing the document into a more user friendly layout. I The sign criteria will be evaluated to determine possible areas of ambiguity where clarifications may be required. Sign ordinances from other Cities are being collected and reviewed. At the conclusion of this process, staff will return to the Commission with a revised draft of the sign ordinance. C:\LETTERS\SIGNS.PC � � � rte". 1 t.... • _- File re iewe by o� a and is ready for- destrucbon by City Clerk