15.04.060 Unsafe structures and equipment.
Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures and equipment shall be taken down and removed or made safe, as the Building Official or his/her authorized representative deems necessary and as provided for in this section. A vacant structure deemed unsafe shall be secured against entry.
When the Building Official or the Building Official’s authorized representative has inspected, caused to be inspected, or received a sufficient amount of verifiable information about any building and has found and determined that such building or structure is unsafe, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building.
A. Notice and Order: The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon which the structure or equipment is located.
2. A statement that the Building Official has found the structure or equipment to be dangerous with a brief and concise description of the conditions found to render it unsafe under the provisions of this chapter.
3. A statement of the action required to be taken as determined by the Building Official;
a. If the Building Official has determined that the structure or equipment must be repaired, the order shall require that all required permits be and the work physically commenced within 60 days from the date of the order and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.
b. If the Building Official has determined that the structure or equipment must be vacated, the order shall require that it shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable.
c. If the Building Official has determined that the equipment or structure must be demolished, the order shall require that it be vacated within such time as the Building Official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured within 60 days from the date of the order; and that the demolition be completed within such time as the Building Official shall determine is reasonable.
4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official;
a. Will order the structure or equipment be vacated and posted to prevent further occupancy until the work is completed, and
b. May proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. Statements advising:
a. That any person having any record title or legal interest in the equipment or structure may appeal from the notice and order or any action of the Building Official to the City Manager, provided the appeal is made in writing as provided in this chapter and filed with the Building Official within 30 days from the date of service of such notice and order; and
b. That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
B. Service of Notice and Order: The notice and order and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: The holder of any mortgage, or deed of trust or other legal interest holder; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official or City Code Enforcement 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.
C. 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.
D. Permitted Work: Where the structure or equipment determined to be unsafe by the Building Official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with this chapter as well as State Law as noted in Section 15.04.010.
1. The provisions of Section 8.08 shall govern abatement of unsafe structures which shall be abated as nuisances.