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CC - Item 2A - Property Maintenance Ordinance No. 854• ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER DATE: NOVEMBER 20, 2007 SUBJECT: PROPERTY MAINTENANCE ORDINANCE NO. 854 SUMMARY On August 28, 2007, the City Council was presented with a draft property maintenance ordinance. Based upon the comments made by the City Council at that meeting, staff researched and revised the ordinance to address the issues that were raised. The revised ordinance was presented to the City Council at the September 11, 2007 City Council meeting. During the meeting, there were several additional issues raised by the City Council including providing a comparative analysis of the City's existing procedures and regulations with the proposed procedures and ordinance. Ultimately, the City Council requested that a study session be held to discuss the proposed ordinance and the existing method of code compliance. On September 25, 2007, the City Council held a study session to discuss the proposed property maintenance ordinance in comparison to existing City regulations and procedures. Based upon input from the City Council during that study session, staff has revised the proposed property maintenance ordinance to address the Council's concerns. The ordinance is attached to this report (Attachment A) as well as Chapter 99 of the Building Code (Attachment B) for the City Council's reference. Staff Recommendation Staff recommends that the City Council approve Ordinance No. 854 on first reading. BACKGROUND After incorporation in 1959, the City adopted all of the County Building regulations by reference. From 1959 to 1981 the City contracted with Los Angeles County Building and Safety Division for Building regulation enforcement. The City continued to use the County Building regulations which include the Building, Electrical, and Plumbing and Mechanical codes, as the City's building laws. As the County amended its regulations, the City has continued to adopt those amendments as part of the City Building code. APPROVED FOR CITY COUNCIL AGENDA: 0 0 City Council Meeting November 20, 2007 Page 2 of 4 Starting in 1963, the County began to develop a Substandard Building and Property Chapter in the County Building Code. The new chapter was based on the 1964 Uniform Housing Code. Both the substandard building and property conditions were taken from the Housing Code and added to the 1965 Los Angeles County Building Code. The City adopted the County Building Code by reference in 1966. Therefore, the City began its Rehabilitation program in 1966 using Chapter 99 of the County Building Code. With the exception of minor additions over time such as adding abandoned vehicles and unfinished building and grading as substandard property conditions, Chapter 99 has remained unchanged. The definitions and description of substandard conditions remain the same as developed in 1965. ANALYSIS The Current Property Maintenance Process Board of Appeals From the 1966 to 1981, the City of Rosemead used the Los Angeles County Rehabilitation Board of Appeals to conduct public hearings for the City of Rosemead Chapter 99 violation appeals. The Board of Appeals members were appointed by the Los Angeles County Board of Supervisors on a County wide basis. During this time, no Rosemead Councilmember served on the County Board of Appeals. In 1981, the City stopped contracting with Los Angeles County for Building and Safety services including enforcement of Chapter 99. However, as stated above, the City continued use all of the County ordinances. Therefore, the City appointed the City Council to act as the Rehabilitation Appeals Board in 1981 and began conducting public hearings in 1982 on the fourth Tuesday of every month. Public Hearinq Process Chapter 99 requirements do not automatically require the City to conduct a hearing before the Board of Appeals. Hearings are only required if the property owner requests in writing a hearing or if the City schedules a hearing. In 1982, the City instituted a policy of sending all Rehabilitation cases to the Appeals Board for a public hearing. Approximately 500 cases have been heard by the Appeals Board since its creation. Starting in 2004, the City modified its hearing process and began sending some cases directly to the City Prosecutor for an office conference instead of a hearing before the Board of Appeals. Cases sent directly to the City Prosecutor involved no substandard conditions other than building without a permit and/or zoning violations. Later in 2006, at the direction of administrative personnel, the City policy of automatically referring all rehabilitation cases to the Board of Appeals was suspended. Based on our current process of utilizing the building code for property maintenance issues, all code enforcement cases require certified building inspection personnel to process violations. This initiative would be more efficiently handled if code enforcement officers had a thorough property maintenance ordinance in the City's Municipal Code to reference, as the building staff no longer would have to be involved. City Council Meeting • • November 20, 2007 Page 3 of 4 The Proposed Property Maintenance Process Many of the sections in the proposed property maintenance ordinance have been modified to be similar, if not identical, to those found in Chapter 99 of the City's existing Building Code. In fact, Section 9905 of Chapter 99 that addresses "Substandard Property" has been incorporated verbatim into the proposed ordinance. The most significant difference between our current regulations and the proposed ordinance is the authority for the City's code enforcement officers to enforce code violations without the involvement of the building division staff. For example, under our current process, if a code enforcement officer cites a property owner for a violation under Chapter 99, and the property owner does not comply, the building staff is notified of the problem and an office conference is scheduled with the City Prosecutor and building division personnel to address the issue. The proposed ordinance and process will not require the building division to be involved for typical property maintenance issues and an example of how a routine violation would be handled is described below: 1. Once a violation is identified, a code enforcement officer will attempt to contact the property owner at the location to inform them of the violation. If compliance is achieved via this route, the process is complete. 2. However, if compliance is not achieved, an informational letter requesting that the property owner contact the City will be sent to the location address as well as any address identified in the most recent Los Angeles County Tax Assessor Rolls. 3. If the property owner cannot be contacted through the informational letter, a notice of violation will be issued which will explain the violation in detail as well as a timeframe to abate the problem. 4. Upon receipt of the notice, the property owner may elect to address the problem or can appeal the notice of violation to the City's Hearing Officer. The Hearing Officer is an individual selected by the City Manger to hold monthly hearings to discuss appealed notices of violation. At the hearing, the property owner would present his/her argument for appealing the notice. 5. At this point, the hearing officer would make a determination to either uphold the code enforcement officer's opinion or find in favor of the property owner. The hearing officer may also grant time extensions and other concessions to property owners. 6. If a property owner does not agree with the decision of the hearing officer, that individual can appeal the decision to the City Council, whose decision in the matter will be final. City Council Meeting November 20, 2007 Page 4 of 4 It should be noted that a fee will not be charged to appeal any decision by staff or the hearing officer to the City Council. CONCLUSION The new proposed property maintenance ordinance will allow for a quicker and more efficient code enforcement operation. The ordinance has been drafted to promote compliance early on prior to the involvement of the City Prosecutor and the City Council. S mi y: Bri aeki Assistant City Manager Attachment A: Proposed Property Maintenance Ordinance No. 854 Attachment B: Chapter 99 of the Building Code • • ORDINANCE NO. 854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, RELATING TO PROPERTY MAINTENANCE STANDARDS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 8 of the Health and Safety portion of the Rosemead Municipal Code is hereby amended to include Chapter 8.44 related to property maintenance standards and shall read as follows: CHAPTER 8.44 - PROPERTY MAINTENANCE* 8.44.010 Purpose and intent. The purpose and intent of this chapter are as follows: A. To define as public nuisances and violations those conditions and uses of land that are detrimental to the public health, safety and welfare, or which reduce property values in the city. B. To develop regulations that will promote the sound maintenance of property and enhance conditions of appearance, habitability, occupancy, use and safety of all structures and premises in the city. C. To establish administrative procedures for the city's use, upon its adoption, to correct or abate violations of this chapter on real property throughout the city. This chapter is not intended to be applied, construed or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law. 8.44.020 Definitions. As used in Chapter 8.44, the following definitions shall apply: 1. "City" means the city of Rosemead. 2. "City manager" means the city manager or his or her duly authorized representative(s). 3. "Code" or "Codes" refers to the Rosemead Municipal Code and laws incorporated therein by reference and any adopted and uncodified ordinances. 4. "Code enforcement officer' means any individual employed by the city with primary enforcement authority for city codes, or his or her duly authorized representative(s). ATTACHMENT A 0 0 5. "Inoperable vehicle" means and includes, without limitation, any vehicle that is immobilized or mechanically incapable of being driven on a highway. Factors that may be used to determine this condition include, without limitation, vehicles lacking a current registration, a working engine, transmission, wheels, inflated tires, doors, windshield or any other part or equipment necessary for its legal and safe operation on a highway or any other public right-of-way. 6. "Owner' means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, or possession of, such property. 7 "Person" as used in this chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city. 8. "Property' or "premises" means any privately-owned real property, or improvements thereon, or portions thereof, as the case may be. "Property" includes any parkway or unimproved public easement abutting such real property. 9. "Personal property" means property that is not real property, and includes, without limitation, any appliance, article, device, equipment, item, material, product, substance or vehicle. 10. "Public nuisance" means anything which is, or likely to become, injurious or detrimental to health, safety or welfare, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway. All conditions hereafter enumerated in this chapter, or that otherwise violate or are contrary to any provision of the Rosemead Municipal Code, are public nuisances by definition and declaration, and said enumerated conditions shall not, in any manner, be construed to be exclusive or exhaustive. A public nuisance shall also exist when a person fails to comply with any condition of a city approval, entitlement, license or permit or when an activity on, or use of, real property violates, or is contrary to, any provision or requirement of the Rosemead Municipal Code. 11. "Hearing officer' means the city employee or representative appointed by the city manager, or a designee thereof, to hear all timely appeals from a notice of public nuisance and intent to abate with city forces or agents. Page 2 of 12 12. "Responsible person" means any person, whether as an owner as defined in this chapter, or otherwise, that allows, causes, creates, maintains, or permits a public nuisance, or any violation of the Rosemead Municipal Code or county or state law, or regulation thereof, to exist or continue, by any act or the omission of any act or duty. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person. 13. "Vehicle" means any device, by which any person or property may be propelled, moved, or drawn upon a highway or other public right of way, and includes all vehicles as defined by the California Vehicle Code and all future amendments thereto. "Vehicle" does not include devices (i) that are propelled exclusively by human power such as bicycles and wheelchairs, or (ii) those that are used exclusively upon stationary rails or tracks. 8.44.030 Public nuisance conditions. The City Council finds and declares that it is a public nuisance and unlawful for any person to allow, cause, create, maintain, or permit others to maintain, property or premises in the city in such a manner that: A. Any one or more of the following conditions are found to exist thereon: 1. Unpainted buildings causing dry rot, warping and termite infestation. 2. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief. 3. Overgrown vegetation causing detriment to neighboring properties or property values. 4. Dead trees, weeds and debris: a. Constituting unsightly appearance, or b. Dangerous to public safety and welfare, or c. Detrimental to nearby property or property values. 5. Trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways and causing depreciation of nearby property values. 6. Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values. 7. Attractive nuisances dangerous to children in the form of: a. Abandoned and broken equipment, or b. Neglected machinery. Page 3 of 12 0 0 8. Broken or discarded furniture and household equipment in yard areas for unreasonable periods. 9. Clothesline in front yard areas. 10. Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods. 11. Neglect of premises: a. To spite neighbors, or b. To influence zone changes, granting of exceptions or special-use permits, or c. To cause detrimental effect upon nearby property or property values. 12. Maintenance of premises 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 3480. 13. Property, including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following: a. Lumber, junk, trash or debris, b. Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers, or c. Stagnant water, or excavations. 14. Grading which does not meet the minimum standards set forth in Appendix Chapter J of this code or which is done in violation of this code or any other County or state law regulating grading. B. A condition, use or activity is present that constitutes a public nuisance as defined by Sections 3479 or 3480 of the California Civil Code, and any future amendments thereto. C. A violation of any uncodified ordinance, or of other provisions of the Rosemead Municipal Code, or of any applicable county or state laws and regulations is present. Page 4 of 12 8.44.040 Penalty. A. Any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, may be guilty of a misdemeanor or an infraction as determined by a the City and/or a prosecuting attorney. 8.44.050 Abatement of public nuisances. All conditions or uses that constitute a public nuisance as defined in Section 8.44.030 of this chapter, or that are contrary to, or in violation of, any other provision or requirement of the Rosemead Municipal Code, or of any applicable county or State law, or regulation thereof, which shall also constitute a public nuisance, shall be abated by rehabilitation, demolition or repair, removal or termination. The procedures for abatement in this part shall not be exclusive and shall not limit or restrict the City from pursuing any other remedies available at law, whether civil, equitable or criminal, or from enforcing City codes and adopted ordinances, or from abating or causing abatement of public nuisances, in any other manner provided by law. A. Responsible persons shall not allow, cause, create, maintain or permit a public nuisance to exist on their premises. If public nuisances do arise or occur, responsible persons shall promptly abate them by rehabilitation, demolition or repair, removal or termination with all required City approvals, permits and inspections, when applicable. B. The City may exercise its administrative, civil/injunctive and criminal remedies, or any one or combination of these remedies, to compel responsible persons to abate a public nuisance when, in its judgment, such persons have not completed nuisance abatement actions in a timely or proper manner, or when responsible persons have failed to prevent an occurrence or recurrence of a public nuisance. 8.44.070 Service of notice of abatement. A. Notices of abatement may be personally given to any responsible person or they may be served by certified mail. The date a notice of abatement is placed in a U.S. Postal Service mail receptacle shall be the date of service. Failure of any responsible person to receive a notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter. B. The official issuing a notice of abatement to an owner of real property may rely on that person's mailing address according to the last equalized assessment roll of the Los Angeles County Assessor's Office in determining a service address for the notice of abatement. Failure of any owner to receive a notice of abatement by mail shall not invalidate any action or proceeding pursuant to this chapter. 8.44.080 Right of appeal from a notice of abatement. A. A responsible person may contest a notice of abatement by filing a written appeal with the City Clerk. Failure of the City Clerk to receive an appeal within twenty (20) calendar days constitutes a waiver of the right to contest a notice of abatement. In this event, the notice of abatement is final and binding. Page 5 of 12 • 8.44.090 Consequence for an untimely appeal. A. If a timely appeal is not received by the City Clerk, the right to appeal is waived and the notice of abatement is final and binding. In such instances, the City may, without any administrative hearing, cause the abatement with City forces of any or all of the nuisance conditions or activities stated in the notice of abatement. Entry on improved private real property shall, excepting instances of an imminent hazard, be with an abatement warrant from the superior court. The City shall follow the procedures stated in this chapter for recovery of all abatement costs, fees and expenses. B. Nothing contained in this chapter shall obligate the City to undertake abatement actions pursuant to a notice of abatement, whether or not there is a timely appeal. 8.44.100 Review by hearing officer. A. Any responsible person who contests a notice of abatement shall, subject to filing a timely appeal, obtain review thereof before a hearing officer. B. At the place and time set forth in the notification of appeal hearing, the hearing officer shall hear the testimony of the appealing person(s), the issuing officer, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the alleged public nuisance(s). C. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The appellant, and the enforcement officer issuing the notice, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The appellant, or other interested persons, may represent himself/herself/themselves or be represented by anyone of his/her/their choice. The appellant, or other interested persons, may bring an interpreter to the hearing at his/her/their sole expense. D. If the appellant fails, or other interested persons fail, to appear, the hearing officer shall cancel the hearing and send a notice thereof to the responsible person(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the notice of abatement is final and binding. A. Within a reasonable time, not to exceed fifteen (15) calendar days following conclusion of the hearing, the hearing officer shall make any one or more of the following determinations in a written decision: 1. A finding and description of each nuisance condition at the subject property, or the non-existence thereof. In the latter instance, the hearing officer shall cancel the notice. Page 6 of 12 0 0 2. The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefore. 3. The required corrective action and completion date for each unabated nuisance condition. Such provisions in the decision may be referred to as an "order of abatement." 4. Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal. B. The decision of the hearing officer shall contain the following statement: "Judicial review of the hearing's officer decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6." C. A copy of the decision shall be served on all responsible persons who contested the notice of abatement by first class mail to the address(es) stated on the appeal form. Failure of a responsible person to receive a properly addressed decision shall not invalidate any action or proceeding by the City pursuant to this chapter. D. Any responsible person who contests the decision rendered by the hearing officer, subject to filing a timely appeal, shall obtain review thereof before the City Council. 8.44.120 Emergency action to abate an imminent hazard. A. Notwithstanding any provision of the Rosemead Municipal Code to the contrary, the sheriff police chief, the fire chief, or the building official, or any of their designees, may cause a public nuisance to be summarily abated if it is determined that the nuisance creates an imminent hazard to a person or persons, or to other real or personal property. Prior to abating the nuisance, the City Manager may attempt to notify a responsible person by telephone or in writing of the imminent hazard and request its abatement by said person. A public official may, in his or her discretion, dispense with an attempt of prior notification of a responsible person if the nature or severity of the hazard justifies such inaction. B. If, in the sole discretion of the public official declaring an imminent hazard, the responsible person(s) fail(s) to take immediate and meaningful steps to abate the imminent hazard, the City may abate the nuisance with city personnel, and charge the costs and fees thereof to the responsible person(s). C. Within ten (10) business days following emergency actions of city personnel to abate an imminent hazard, the City shall serve any responsible person with a notice of emergency abatement of an imminent hazard by certified first class mail. The City may, if a responsible person is a property owner, rely on that person's mailing address according to the last equalized assessment roll of the Los Angeles County Assessor's Office in determining a service address for this notice. Failure of any responsible person to receive a notice of emergency abatement by city personnel of an imminent hazard by mail shall not invalidate any action or proceeding pursuant to this chapter. Page 7 of 12 0 0 D. A notice of emergency abatement by city personnel of an imminent Hazard shall contain the following provisions: 1. The name of a known responsible person who is being served with the notice of emergency abatement by city personnel of an imminent hazard and the address of the real property on which the imminent hazard was present; 2. A brief description of the condition(s) and reasons why it constitutes an imminent hazard; 3. A brief description of the law prohibiting or pertaining to the imminent hazard; 4 A brief description of the actions city personnel took to abate the imminent hazard. E. Omission of any of the foregoing provisions in a notice of emergency abatement by city personnel of an imminent hazard, whether in whole or in part, or the failure of a responsible person to receive this document, shall not render it defective or render any proceeding or action pursuant to this chapter invalid. F. Emergency abatement of an imminent hazard by city personnel shall not preclude the City from recording a notice of substandard property, if conditions thereafter remain at the premises that constitute a violation of law or a public nuisance. G. The City shall be entitled to recover its fees and costs for the abatement of an imminent hazard. In such instances, the City shall follow the procedures set forth in this chapter. 8.44.130 Combination of notices. The notices that are authorized by this chapter may be combined in the discretion of the City. 8.44.140 Establishment of costs of abatement. A. The City shall keep an accounting of the costs, fees and expenses (collectively hereafter, the "costs") of abating a public nuisance. B. The City shall serve a statement of abatement costs on the responsible persons within twenty (20) calendar days of the City's completion of nuisance abatement actions in writing via certified mail. Service of this statement may be made in the manner provided for in Section 8.44.070 of this chapter. C. A responsible person shall tender the costs in U.S. currency to the city within ten (10) calendar days of the date of service of the statement of abatement costs. Alternatively, a responsible person may contest the statement in the manner provided for in Subsection D. Page 8 of 12 • • D. A responsible person has the right to contest a statement of abatement costs by filing an appeal on a city approved form with the city clerk's office (located at 8838 Valley Blvd., Rosemead, California) within ten (10) calendar days of service of the notice of abatement. No fee shall be due for the filing of an appeal. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a statement of abatement costs. In this event, the statement of abatement costs is final and binding. E. The city may proceed to collect its costs as contained in a final statement of abatement costs in any manner allowed by law. F. If a timely appeal is received by the city clerk, a hearing shall be set before the city council. A notice of the date, time and location of the hearing shall be served on all responsible persons who contested the statement of abatement costs by first class mail to the address(es) stated on the appeal form at least ten (10) calendar days prior to the hearing. Failure of a person to receive a properly addressed notice shall not invalidate any action or proceeding by the city pursuant to this chapter. G. At the time and place fixed for receiving and considering the statement of abatement costs, the city council shall hear and pass upon the evidence submitted by city personnel, together with any objections or protests raised by responsible persons liable for said costs. Thereupon, the city council may make such revision, correction or modification to the statement as it may deem just, after which the statement, as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. H. The decision of the city council is final. 1. The city clerk shall cause a confirmed statement of abatement costs to be served upon all responsible persons who contested the original statement by first class mail to the address(es) stated on the appeal form. This document shall also contain the following statement: Judicial review of the city's council's decision is subject to the time limits set forth in California Code of Civil Procedure, Section 1094.6." Failure of a person to receive a properly addressed confirmed statement shall not invalidate any action or proceeding by the city pursuant to this chapter. J. A responsible person shall tender the costs in U.S. currency to the city within ten (10) calendar days of the date of service of the confirmed statement of abatement costs. The city may thereafter proceed to collect its costs as contained in the confirmed statement of abatement costs in any manner allowed by law. 8.44.150 Collection of costs of abatement by special assessment. A. The city may cause a special assessment to be made upon real property upon which a public nuisance was abated pursuant to California Government Code, Section 38775.5, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner. Page 9 of 12 • • B. A notice of special assessment shall be sent to the owner(s) of the subject real property by certified mail at the time the assessment is the imposed which shall contain the following recitals: The property may be sold after three years by the tax collector for unpaid delinquent assessments. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. C. The city attorney or city prosecutor shall establish the notice of special assessment form for use, or consideration by, the tax collector in collecting a special assessment. D. The notice of special assessment shall be entitled to recordation with the Los Angles County Recorder's Office. E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. A. As an alternative to the procedure contained in Section 8.44.090, the City may cause a nuisance abatement lien to be recorded upon real property upon which a public nuisance was abated pursuant to California Government Code, Section 38773.1, and future amendments thereto, in the event a statement of abatement costs or a confirmed statement of abatement costs is not paid in a timely manner. B. A lien shall not be recorded prior to serving the owner of record of the parcel of land on which the public nuisance is maintained, with a notice. This document shall be served in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in a newspaper of general circulation published in the county in which the property is located pursuant to Section 6062 of the Government Code. Page 10 of 12 • • C. The City may recover from the property owner any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien. D. The amount of a nuisance abatement lien shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated. 8.44.170 Recordation of substandard notice. A. Notwithstanding any provision of the Rosemead Municipal Code to the contrary, if the city determines that any property, building or structure, or any part thereof, is in violation of any provision of the Rosemead Municipal Code and said violation has not been fully abated or corrected, as determined by the City, within a thirty (30) day period after written notice to a responsible person, then the City, in its sole discretion, may record a notice of substandard property with the Los Angeles County Recorder's Office against said premises. As used herein, "fully abated or corrected" includes the procurement of all required City approvals, permits, licenses and the passage of all City required inspections. 6. The City may record a notice of substandard property without the issuance of a notice of abatement pursuant to Section 8.44.090 of this chapter, provided that a notice of correction or a notice of violation to a responsible person previously disclosed that a substandard notice may be recorded against a property if a violation is not fully abated or corrected in a period of thirty (30) days. C. A notice of substandard property may be recorded thirty (30) days after service of a notice of abatement provided that: (i) the notice contained this disclosure, (ii) the public nuisance was not fully abated or corrected within that period, and (iii) a timely and proper appeal to the notice of abatement was not made. D. The form that constitutes a notice of substandard property shall be approved by the city attorney or the city prosecutor. E. The City shall record a notice of rescission of substandard property with the Los Angeles County Recorder's Office within ten (10) business days of its determination that a violation or a public nuisance has been fully abated or corrected. F. The City shall cause copies of recorded notices of substandard property and notices of rescission of substandard property to be served on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the Los Angeles County Assessor's Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter. Page 11 of 12 0 0 8.44.180 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. Page 12 of 12 L' CHAPTER 99 BUILDING AND PROPERTY REHABILITATION Title 26 of the Los Angeles County Code is amended by adding Chapter 99, entitled "BUILDING AND PROPERTY REHABILITATION," to read as follows: SECTION 9901-SCOPE 9901.1 General. The provisions of this Chapter shall apply to all substandard buildings, substandard structures and substandard property. (Ord. 99-0040 77 (part), 1999.) 9901.2 Existing Buildings. Occupancies in existing buildings may be continued as provided in Section 3401 except in such structures as are found to be substandard as defined in this Chapter and ordered vacated or as are found to be unsafe as defined in Section 102. (Ord. 99-0040 77 (part), 1999.) SECTION 9902--DEFINITIONS For the purposes of this Chapter, and in addition to the definitions set forth in the previous Chapters of this Code, certain terms, phrases and words and their derivatives shall be defined as set out in this Section. Words used in the singular include the plural and vice versa. (Ord. 99-0040 77 (part), 1999.) 9902.1 BOARD is the Building Rehabilitation Appeals Board as set forth in Section 9906. (Ord. 99-0040 77 (part), 1999.) 9902.2 BUILDING is any structure. (Ord. 99-0040 77 (part), 1999.) 9902.3 COMPLETION. Where a building is found to be substandard due to having been under construction for an unreasonable time, as defined in Section 9903.2, the terms "demolition, improvement, removal, repair or rehabilitation," as used in this Chapter shall include "completion." (Ord. 99-0040 77 (part), 1999.) 9902.4 DEMOLITION. Whenever the word "demolish" or "demolishment" is used in this Chapter, it shall include the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandonment of sewer or other waste disposal facilities as may be required by this Code or other Ordinances or laws. (Ord. 99-0040 77 (part), 1999.) 9902.5 PARTY CONCERNED. As used in this Chapter, "party concerned" means the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, the record holder of any other estate or interest in or to the building or structure or the land upon which it is located. As used in this paragraph all reference to "record" means matters of record in the Department of Registrar-Recorder of the County of Los Angeles which definitely and specifically describes the premises involved. (Ord. 99-0040 77 (part), 1999.) ATTACHMENT B • • 9902.6 VEHICLE--DEFINED. As used in this Chapter, "vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 99-0040 77 (part), 1999.) SECTION 9903--DEFINITION OF SUBSTANDARD BUILDING 9903.1 Any building or structure or portion thereof, or the premises on which the same is located, in which there exists any of the conditions listed in Section 9904 to an extent that endangers the life, limb, health, property, safety or welfare of the public or occupants thereof, shall be deemed and hereby is declared to be a substandard building. (Ord. 99-0040 77 (part), 1999.) 9903.2 Any unfinished building or structure which has been in the course of construction an unreasonable time, in no event less than five years, and where the appearance and other conditions of said unfinished building or structure are such that the unfinished structure substantially detracts from the appearance of the immediate neighborhood or reduces the value of property in the immediate neighborhood, or is otherwise a nuisance, shall be deemed and hereby is declared to be a substandard building. (Ord. 99-0040 77 (part), 1999.) SECTION 9904--SUBSTANDARD CONDITIONS Substandard building conditions shall include, but are not limited to, the following. 9904.1 Inadequate Sanitation. 9904.1.1 Lack of hot and cold running water to plumbing fixtures in a hotel or dwelling unit. (Ord. 99-0040 77 (part), 1999.) 9904.1.2 Lack of the minimum amounts of natural light and ventilation required by this Code. (Ord. 99-0040 77 (part), 1999.) 9904.1.3 Room and space dimensions less than required by this Code. (Ord. 99-0040 77 (part), 1999.) 9904.1.4 Dampness of habitable rooms. (Ord. 99-0040 77 (part), 1999.) 9904.1.5 Violation of any applicable provision of Ordinance No. 7583, an Ordinance adopting a Health Code, adopted August 25, 1959, as determined and reported to the Building Official by the health officer. (Ord. 99-0040 77 (part), 1999.) 9904.2 Structural Hazards. 9904.2.1 Deteriorated or inadequate foundations. (Ord. 99-0040 77 (part), 1999.) Page 2 of 16 • • 9904.2.2 Defective, deteriorated or inadequate size flooring and/or floor supports. (Ord. 99-0040 77 (part), 1999.) 9904.2.3 Defective, deteriorated or inadequate size members of walls, partitions or other vertical supports. (Ord. 99-0040 77 (part), 1999.) 9904.2.4 Defective, deteriorated or inadequate size ceiling, roof or other horizontal supports, (Ord. 99-0040 77 (part), 1999.) 9904.2.5 Defective, damaged or inadequately constructed fireplace or chimney. (Ord. 99-0040 77 (part), 1999.) 9904.3 Inadequate or Hazardous Wiring. 9904.3.1 Lack of required electrical lighting or convenience outlets. In existing residential occupancies, every habitable room is required to contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied electric fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway in such occupancies is required to contain at least one supplied electric fixture. (Ord. 99-0040 77 (part), 1999.) 9904.3.2 All wiring except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner. (Ord. 99-0040 77 (part), 1999.) 9904.4 Inadequate or Faulty Plumbing. 9904.4.1 Lack of plumbing fixtures required elsewhere in this Code. (Ord. 99-0040 77 (part), 1999.) 9904.4.2 All plumbing except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross connections. (Ord. 99-0040 77 (part), 1999.) 9904.5 Inadequate or Faulty Mechanical Equipment. 9904.5.1 Lack of safe, adequate heating facilities in a dwelling, apartment house or hotel. (Ord. 99-0040 77 (part), 1999.) 9904.5.2 Lack of, or improper operation of, required ventilating equipment. (Ord. 99- 0040 77 (part), 1999.) 9904.5.3 All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. (Ord. 99-0040 77 (part), 1999.) Page 3 of 16 • • 9904.6 Faulty Weather Protection. 9904.6.1 Lack of a sound and effective roof covering. (Ord. 99-0040 77 (part), 1999.) 9904.6.2 Lack of a sound and effective exterior wall covering. (Ord. 99-0040 77 (part), 1999.) 9904.6.3 Broken windows and doors. (Ord. 99-0040 77 (part), 1999.) 9904.6.4 Deteriorated or ineffective waterproofing of foundation walls or floor. (Ord. 99- 0040 77 (part), 1999.) 9904.7 Faulty Materials of Construction. Any material of construction except those which are allowed or approved by this Code and which have been adequately maintained in good and safe condition. (Ord. 99-0040 77 (part), 1999.) 9904.8 Hazardous or Insanitary Premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions which constitute undue fire, health or safety hazards. (Ord. 99-0040 77 (part), 1999.) 9904.9 Hazardous Buildings. Any building or portion thereof which is determined to be an unsafe building as defined in Section 102 of this Code. (Ord. 99-0040 77 (part), 1999.) 9904.10 Inadequate Exits. All buildings or portions thereof not provided with exit facilities as required by this Code except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and provide adequate safe exits for the building occupants. (Ord. 99-0040 77 (part), 1999.) 9904.11 Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (Ord. 99-0040 77 (part), 1999.) 9904.12 Inadequate Fire Protection or Firefighting Equipment. All buildings or portions thereof which are not provided with the fire-resistive construction or fire- extinguishing system or equipment required by this Code, except those buildings or portions thereof which conform with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems and equipment provide adequate firesafety. (Ord. 99-0040 77 (part), 1999.) 9904.13 Improper Occupancy. All buildings or portions thereof occupied or used for any purpose for which they were not designed or intended to be used. (Ord. 99-0040 77 (part), 1999.) Page 4 of 16 • • 9904.14 Abandoned Buildings. All buildings or portions thereof which are abandoned, open or vandalized or both. (Ord. 99-0040 77 (part), 1999.) 9904.15 Unfinished Moved Buildings or Structures. Buildings or structures or portions thereof as described in Section 3404. (Ord. 99-0040 77 (part), 1999.) SECTION 9905--SUBSTANDARD PROPERTY Any one or more of the following conditions shall constitute substandard property. 9905.1 Substandard buildings. (Ord. 99-0040 § 77 (part), 1999.) 9905.2 Unpainted buildings causing dry rot, warping and termite infestation. (Ord. 99- 0040 § 77 (part), 1999.) 9905.3 Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief. (Ord. 99-0040 § 77 (part), 1999.) 9905.4 Overgrown vegetation causing detriment to neighboring properties or property values. (Ord. 99-0040 § 77 (part), 1999.) 9905.5 Dead trees, weeds and debris: 1. Constituting unsightly appearance, or 2. Dangerous to public safety and welfare, or 3. Detrimental to nearby property or property values. (Ord. 99-0040 § 77 (part), 1999.) 9905.6 Trailers, campers, boats and other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways and causing depreciation of nearby property values. (Ord. 99-0040 § 77 (part), 1999.) 9905.7 Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises and causing depreciation of nearby property values. (Ord. 99-0040 § 77 (part), 1999.) 9905.8 Attractive nuisances dangerous to children in the form of: 1. Abandoned and broken equipment, or 2. Neglected machinery. (Ord. 99-0040 § 77 (part), 1999.) 9905.9 Broken or discarded furniture and household equipment in yard areas for unreasonable periods. (Ord. 99-0040 § 77 (part), 1999.) 9905.10 Clothesline in front yard areas. (Ord. 99-0040 § 77 (part), 1999.) Page 5 of 16 0 0 9905.11 Garbage cans stored in front or side yards and visible from a public street except when placed in places of collection at the times permitted and in full compliance with Section 1707 of Ordinance No. 5860, entitled The License Ordinance, adopted November 7, 1951. (Ord. 99-0040 § 77 (part), 1999.) 9905.12 Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods. (Ord. 99-0040 § 77 (part), 1999.) 9905.13 Neglect of premises: To spite neighbors, or To influence zone changes, granting of exceptions or special-use permits, or To cause detrimental effect upon nearby property or property values. (Ord. 99- 0040 § 77 (part), 1999.) 9905.14 Maintenance of premises 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 3480. (Ord. 99-0040 § 77 (part), 1999.) 9905.15 Property, including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following: 1. Lumber, junk, trash or debris, 2. Abandoned, discarded or unused objects of equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers, 3. Stagnant water, or excavations, or 4. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition or its inappropriate location. (Ord. 99-0040 § 77 (part), 1999.) 9905.16 Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties. (Ord. 99-0040 § 77 (part), 1999.) 9905.17 Property maintained (in violation of the rights of others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (Ord. 99-0040 § 77 (part), 1999.) Page 6 of 16 0 0 9905.18 Grading which does not meet the minimum standards set forth in Appendix Chapter 33 of this Code or which is done in violation of this Code or any other County or State law regulating grading. (Ord. 2002-0076 § 174, 2002: Ord. 99-0040 § 77 (part), 1999.) SECTION 9906--BUILDING REHABILITATION APPEALS BOARD In order to hear appeals provided for in Chapter 98 and in this Chapter, there shall be and is hereby created a Building Rehabilitation Appeals Board consisting of five members who are qualified to pass on matters pertaining to substandard buildings and property. The members of the Board shall be appointed by and hold office at the pleasure of the Board of Supervisors and may recommend such new legislation as deemed necessary. The Board shall adopt reasonable rules and regulations for conducting its investigations. The Building Official shall be an ex officio nonvoting member and act as secretary. The Building Official shall keep a record of all proceedings and notify all parties concerned of the findings and decisions of the Board. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9907--ALTERNATES Every member of the Building Board of Appeals (created by Section 105) is an ex officio alternate member of the Building Rehabilitation Appeals Board and may serve in the place and stead of any regular member of the Building Rehabilitation Appeals Board who is absent from any meeting and, at such meeting, shall be deemed to be a regular member of the Building Rehabilitation Appeals Board. (Ord. 2002-0076 § 176, 2002: Ord. 99-0040 § 77 (part), 1999.) SECTION 9908--DETERMINATION BY BUILDING OFFICIAL Whenever the Building Official determines by inspection that any existing building or portion thereof is substandard or any lot or other premises is substandard, or both, as defined in this Chapter, such building or premises, or both, are hereby declared a public nuisance, and the Building Official shall order the abatement of the nuisance by demolition, repair or rehabilitation of the substandard building or portion thereof or, at the option of the party concerned, by demolition or demolishment thereof. The order also may require that the building be vacated. If the premises are substandard, the Building Official also may order that the substandard conditions be removed. (Ord. 99- 0040 § 77 (part), 1999.) SECTION 9909--INFORMAL NOTICE When the Building Official has so found, in addition to any notices hereafter required by this Chapter, the Building Official may give to the occupants of the substandard property, and to any other person whom he or she deems should be so notified, information concerning the provisions of this Chapter, any violation thereof, how the person notified may comply and any other information deemed expedient. The Building Official may post such information on the substandard property or on the substandard building. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9910--NOTICE OF SUBSTANDARD BUILDING Page 7 of 16 0 0 If, in the opinion of the Building Official, a building is found to be substandard as defined in this Chapter, the Building Official shall give to the party concerned written notice stating the defects thereof. The notice may require the owner or person in charge of the building or premises to complete the required repairs, improvements, demolition or removal of the building or portions thereof within 30 days, or such other time limit as the Building Official may stipulate. Such notice may also require the building, or portion thereof, to be vacated and not reoccupied until the required repairs and improvements are completed, inspected, and approved by the Building Official. A person notified to vacate a substandard building by the Building Official shall vacate within the time specified in the order. EXCEPTION: Whenever any building or structure or portion thereof constitutes an immediate hazard to life or property, and in the opinion of the Building Official the conditions are such that repairs or demolition or other work necessary to abate the hazard must be undertaken sooner than provided by the procedures set forth in this Chapter, the Building Official may make such alterations or repairs, or cause such other work to be done to the extent necessary to abate the hazard or demolish the building or structure or portions thereof as are necessary to protect life or property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever, when, in the Building Official's opinion, immediate action is necessary. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9911--NOTICE OF SUBSTANDARD PROPERTY If, in the opinion of the Building Official, property is found to be substandard property as defined in this Chapter, the Building Official shall give to the party concerned written notice stating the conditions which make the property substandard. The notice may require the owner or person in charge of the premises to remove within 30 days, or other time limit which the Building Official may stipulate, the conditions which cause the property to be substandard. If, in order to comply with such notice, it is necessary to remove any vehicle or any part thereof, such notice shall include a description of such vehicle and the correct identification number and license number, if available at the site. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9912--COMBINING NOTICES A notice of substandard property and of a substandard building on such property may be combined into one notice. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9913--SERVICE OF NOTICE Proper service of a notice provided for in Sections 9910, 9911 and 9912 shall be by personal service or by registered or certified mail upon every party concerned, by posting on the substandard building, if any, and upon the substandard property, if any, a copy of the notice. It shall be deemed a reasonable effort has been made to serve such notice when registered or certified letters have been mailed to the address of the interested party as shown on the official record. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the Page 8 of 16 • • substandard building, if any, otherwise upon the substandard property, a copy of the notice. The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date the owner or person in charge receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin 10 days following the date of posting. Failure of any owner, party concerned or other person to receive such notice shall not affect the validity of any proceedings taken hereunder. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9914--OTHER INTERESTED PARTIES If the Notice of Substandard Building or Property requires the repair or demolition of any building and if the demolition or other work necessary to remove the substandard conditions set forth in such notice is not completed within the time specified in such notice and the Building Official intends to directly proceed to demolish the substandard building or portions thereof, or cause such other work to be done to the extent necessary to eliminate the hazard or other substandard conditions which have been found to exist and, by a document recorded in the office of the Department of Registrar- Recorder prior to the recordation of the Declaration of Substandard Building or Property, whether such document describes the property or not, it appears that a person other than a party concerned has any right, title, lien or interest in the property or any portion thereof, and such person has not previously been notified of the substandard building or property conditions or previously been served a copy of the Notice of Substandard Building or Property and the address of such person is known to the Building Official or can be ascertained by the exercise of due diligence, the Building Official shall serve a copy of the Notice of Substandard Building or Property on such person as provided in this Chapter. Such person may request a hearing before the Building Rehabilitation Appeals Board. The request must be made in writing to the Board within 10 days of the receipt of the copy of the notice of substandard building or property. If a Notice of Substandard Property does not require the repair or demolition of any building, no notice need be given to any person other than a party concerned. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9915--DECLARATION OF SUBSTANDARD BUILDING OR PROPERTY The building official may file with the Department of Registrar-Recorder a declaration that a substandard building or substandard property or both have been inspected and found to be such, as defined in this Chapter, and that all parties concerned have been or will be so notified. The costs incurred by the building official in the investigation of such properties and the processing of the declaration and notification of concerned parties shall be as specified in Table 1-F. After the building official finds that the public nuisance had been abated and either that such abatement has been accomplished at no cost to the County, or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code, or when the building official's jurisdiction has been prompted by government acquisition of the property, the building official shall record in the Department of Registrar-Recorder a Page 9 of 16 • • document terminating the above declaration. (Ord. 2002-0076 § 176, 2002: Ord. 99- 0040 § 77 (part), 1999.) SECTION 9916--POSTING OF SIGNS The Building Official may cause to be posted at such substandard building or property a notice of substandard building or property and/or a sign to read: SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE, BY ORDER OF THE DEPARTMENT OF PUBLIC WORKS, BUILDING AND SAFETY/LAND DEVELOPMENT DIVISION, COUNTY OF LOS ANGELES. Such sign may contain such additional information and warnings as in the opinion of the Building Official are expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading or property cleanup are completed. Such notice or sign shall not be removed without permission of the Building Official and if the substandard building has been ordered vacated, no person shall enter except for the purpose of making the required repairs or of demolishing the substandard building. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9917--RIGHT OF HEARING 9917.1 Hearing. Any person having any right, title, lien or interest in the property or any part thereof, or the Building Official, may request a hearing regarding the substandard condition of a building or property after the building or property is posted. A request by any person other than the Building Official shall be made in writing to the Building Rehabilitation Appeals Board within 30 days after the building or property is posted. All persons who desire to be heard may appear before the Building Rehabilitation Appeals Board to show that the building or property is or is not substandard or to show cause why the building, even if substandard, should not be ordered barricaded, demolished, repaired, rehabilitated or vacated. (Ord. 99-0040 § 77 (part), 1999.) 9917.2 Vehicles to Be Removed. The owner of such vehicle or the owner of the land on which such vehicle is located may request a hearing. This request shall be made in writing to the Building Rehabilitation Appeals Board within 10 days after the mailing of notice of intention to abate and remove the vehicle. If the owner of the land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on the land within such time period, this statement shall be construed as a request for hearing which does not require the presence of the owner submitting such request. If such a request is not received within such period, the Building Official shall have the authority to remove the vehicle. (Ord. 99-0040 § 77 (part), 1999.) 9917.3 All persons described in Section 9917.1 above shall be notified that prior to abatement of the public nuisance by the County, they are entitled to a hearing before the Building Rehabilitation Appeals Board. However, if they do not request in writing a hearing before the Building Rehabilitation Appeals Board within 30 days of notification, or if they fail to appear at such a hearing which they have requested, they will be deemed to have waived their right to a hearing before the Building Rehabilitation Appeals Board. (Ord. 2002-0076 § 178, 2002: Ord. 99-0040 § 77 (part), 1999.) Page 10 of 16 • • 9917.4 Delegation of Board of Supervisors Hearing. Pursuant to Government Code Section 25845, Subsection (h), the Board of Supervisors has delegated to the Building Rehabilitation Appeals Board the hearing, prior to abatement of a public nuisance, required by Subsection (a) of Government Code Section 25845. The Building Rehabilitation Appeals Board will hear all such hearings, as are requested under Section 9917, and will make written recommendations to the Board of Supervisors after each hearing. The Board of Supervisors may adopt the recommendations without further notice of hearing, or may set the matter for a de novo hearing before the Board of Supervisors. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9918--HEARING BY BUILDING REHABILITATION APPEALS BOARD The Building Rehabilitation Appeals Board shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official. The Building Rehabilitation Appeals Board shall make written findings of fact as to whether or not the building or property is a substandard building or substandard property as defined in this Chapter. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9919--HEARING NOT REQUESTED If neither the Building Official nor any other person requests a hearing and the substandard condition as set forth in the Notice of Substandard Building or Property is not completed within the time specified in such notice, the Building Official may demolish such portions of the structures, or may cause such other work to be done to the extent necessary to eliminate the hazards and other substandard conditions which had been found to exist. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9920--NOTICE OF HEARING If either the Building Official, or any other person, requests a hearing within the proper time as provided in Section 9917 of this Code, the Building Rehabilitation Appeals Board shall hold such hearing. Not less than 10 days prior to the hearing the Building Official shall serve or cause to be served either in the manner required by law for the service of summons or by first class mail, postage prepaid, a copy of the Notice of Hearing upon every person to whom this Chapter requires that the Notice of Substandard Building or Substandard Property be served. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9921--FORM AND CONTENTS OF NOTICE The notice of hearing shall state: 1. The street address and a legal description sufficient for identification of the premises which is substandard or upon which the building is located. 2. The conditions because of which the Building Official believed that the building or property is substandard. 3. The date, hour and place of the hearing. (Ord. 99-0040 § 77 (part), 1999.) Page 11 of 16 SECTION 9922--POSTING OF NOTICE The Building Official shall post one copy of the notice of hearing in a conspicuous place on the substandard building involved, if any, otherwise on the substandard property, not less than 10 days prior to the hearing. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9923--ORDER: SUBSTANDARD BUILDING 9923.1 When the Building Rehabilitation Appeals Board finds that the building is a substandard building, it is hereby declared a public nuisance and, based on its findings, the said Board shall order the abatement of this nuisance by barricading, demolition, repair or rehabilitation of the substandard building or portion thereof or at the option of the party concerned, by the demolition or demolishment thereof. The order also may require that the substandard building be vacated. The order shall state a reasonable time within which the work shall be completed which shall not be less than 10 days after the service of this order. The Board, for good cause, may extend the time for completion in writing. (Ord. 99-0040 § 77 (part), 1999.) 9923.2 The Building Official, after determining that conditions warrant reconsideration, may bring any matter before the Board for rehearing. At such a rehearing, the Board will consider all evidence submitted and after such reconsideration may find that further postponement is unwarranted and so order, or may find that a new order for abatement and/or postponement of County action is warranted and order any abatement work considered necessary to be performed by a specified date, after which date the Building Official shall cause such work to be performed or completed without further notice. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9924--ORDER: SUBSTANDARD PROPERTY 9924.1 When the Board finds that any property is substandard property, it is hereby declared a public nuisance and, based on its findings, the said Board shall order the abatement of the nuisance by such means as the said Board deems most feasible. If such means include the removal of any vehicle or any part thereof, such order shall include a description of such vehicle and the correct identification number and license number, if available at the site. (Ord. 99-0040 § 77 (part), 1999.) 9924.2 The Building Official, after determining that conditions warrant reconsideration, may bring any matter before the Board for rehearing. At such a rehearing, the Board will consider all evidence submitted and after such reconsideration may find that further postponement is unwarranted and so order, or may find that a new order for abatement and/or postponement of county action is warranted and order any abatement work considered necessary to be performed by a specified date, after which date the Building Official shall cause such work to be performed or completed without further notice. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9925--WORK BY PRIVATE PARTY Page 12 of 16 Any person having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the County does so, but if such person does such work after the time specified in the Notice of Substandard Building or Substandard Property if no hearing was requested, otherwise, after the time specified in the last order of the Building Rehabilitation Appeals Board, all costs incurred by the County in preparation for the doing of such work are chargeable to the property and shall be collected as provided in Sections 9928 and 9929. If such work is completed after the Building Official or purchasing agent has awarded a contract for such work, the contractor shall receive the Contract Cancellation Fee as specified in Table 1-F, for the building official's overhead and incidental expenses, unless specifically excluded by contract, and said fee plus the amount specified in Section 9927 shall be the costs incurred by the County. If such work is completed before the Building Official or purchasing agent has awarded a contract, the amount specified in Section 9927 shall be the costs incurred by the County. (Ord. 2002-0076 § 181, 2002: Ord. 99-0040 § 77 (part), 1999.) SECTION 9926--WORK BY COUNTY 9926.1 Procedures. If the order of the Board requires the repair or demolition of any building, the order of the Board is not complied with within the period designated by the Board and the public records show that there is any person who has any right, title or interest in the property or any part thereof by virtue of a document duly recorded prior to the recordation of the Declaration of Substandard Building or Property, whether such document describes such property or part thereof, or not, and such person has not been previously notified of the action of the Board during the processing of the case, the Building Official shall serve upon such person as provided in Section 9920 a notice of the action of the Board which notice also shall contain a statement that the County will demolish the building or take such other action as may be necessary to remove the substandard conditions unless such person, within 10 days, requests, in writing, a hearing. If such person requests such a hearing the Board shall hold such hearing as provided in this Chapter at which hearing the Board shall redetermine the facts and make a new order as provided in Section 9923 and the former order shall cease to be of any force or effect. If any Board order made pursuant to Section 9923 or 9924 and not superseded, or any order made pursuant to this Section is not complied with within the period designated, the Building Official may then demolish the substandard building or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard and other substandard conditions determined to exist by the Board. If the order of the Board does not require the repair or demolition of any building, no notice of such order need be given to any person other than the party concerned. (Ord. 99-0040 § 77 (part), 1999.) 9926.2 Emergency Procedures. When in the opinion of the Building Official a substandard structure or portion thereof is an immediate hazard to life and property, and the abatement of such hazard requires action pursuant to the exception in Section 9910, the Building Official may then demolish the substandard building, or portion Page 13 of 16 • • thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9927--COSTS The costs involved in the demolition or other work by the Building Official, including, in addition to other costs, the applicable processing costs as set forth in Table 1-F, shall become a special assessment against the property. (Ord. 2002-0076 § 182, 2002: Ord. 99-0040 § 77 (part), 1999.) SECTION 9928--NOTIFICATION OF COSTS The Building Official shall notify, in writing, all parties concerned and all persons notified pursuant to Section 9914, 9917, or 9926 of the amount of such assessment resulting from such work. Within five days of the receipt of such notice any such party concerned and any other person having any right, title, or interest in the property or part thereof may file with the Building Official a written request for a hearing on the correctness or reasonableness, or both, of such assessment. Any such person who did not receive a notice pursuant to Sections 9910, 9911, 9914 or 9920, and who has not had a hearing on the necessity of the demolition or other work, in such request for hearing also may ask that such necessity be reviewed. The Building Rehabilitation Appeals Board thereupon shall set the matter for hearing, give such person notice thereof as provided in Section 9914, hold such hearing and determine the reasonableness or correctness of the assessment, or both, and if requested, the necessity of the demolition or other work. The Building Rehabilitation Appeals Board shall notify all such persons of its decision in writing. If the total assessment determined as provided for in this Section is not paid in full within 10 days after mailing of such notice by the Building Official, the Building Official shall place such charge as a special assessment on the tax bill for the property pursuant to Section 25845 of the Government Code. (Ord. 2002-0076 § 183, 2002; Ord. 99-0040 § 77 (part), 1999.) SECTION 9929--COLLECTION The assessment shall be collected at the time and in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary County taxes. All laws applicable to the levy, collection and enforcement of County taxes shall be applicable to such special assessment. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9930--SALVAGE If a building is demolished or necessary work done by the County pursuant to the provisions of this Chapter, the value of any salvage resulting from such demolition or other work may be applied to the cost of such work as follows: Page 14 of 16 • • 1. If the County enters into a contract with a private contractor, the County may provide in such contract that as a part of the consideration for the services rendered, the contractor shall take title to such salvage. 2. If the contract does not so provide or if the County does the work without such a contract, the County may take title to such salvage and credit the reasonable value thereof on the costs incurred by the County. In any hearing pursuant to this Section to determine the reasonable cost of doing the work, the Building Rehabilitation Appeals Board also may determine the reasonable value, if any, of such salvage. This Section is permissive only and does not require that the value of such salvage be applied to the cost of the work. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9931--INTERFERENCE PROHIBITED A person shall not obstruct, impede or interfere with the Building Official or any representative of the Building Official, or with any person who owns or holds any interest or estate in a substandard building which has been ordered by the Building Official or by the Building Rehabilitation Appeals Board to be barricaded, repaired, vacated and repaired or vacated and demolished or removed, or in any substandard property whenever the Building Official or such owner is engaged in barricading, repairing, vacating and repairing, or demolishing any such substandard building or removing any substandard conditions, pursuant to this Chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9932--PROSECUTION In case the owner shall fail, neglect or refuse to comply with the directions in the Notice of Substandard Building or Substandard Property (if neither the owner nor any other person requests a hearing) or with any order of the Building Rehabilitation Appeals Board, the owner shall be guilty of a misdemeanor and the Building Official may cause such owner of the building or property to be prosecuted as a violator of this Code. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9933--OTHER ABATEMENT PROCEDURES The provisions of this Chapter shall not in any manner limit or restrict the County or the District Attorney from enforcing County Ordinances or abating public nuisances in any other manner provided by law. (Ord. 99-0040 § 77 (part), 1999.) SECTION 9934-VEHICLES 9934.1 Adoption by Reference of Section 22661 of Vehicle Code. All of the provisions of this Chapter relating to the abatement and removal, as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property are enacted pursuant to Vehicle Code Section 22661. All of the provisions of Section 22661 of the Vehicle Code are hereby adopted by reference as a part of this Ordinance. In the case of any conflict between the provisions of this Chapter and the Page 15 of 16 provisions of said Section 22661, the provisions of said Section 22661 shall prevail. (Ord. 99-0040 § 77 (part), 1999.) 9934.2 Notification of Department of Motor Vehicles. Within five days after the County or any officer thereof removes, pursuant to this Chapter, any vehicle or a part thereof, the Building Official shall so notify the Department of Motor Vehicles identifying the vehicle or part thereof. (Ord. 99-0040 § 77 (part), 1999.) 9934.3 Notification of Highway Patrol. Not less than 10 days before the hearing provided for in Section 9920 the Building Official shall notify the California Highway Patrol thereof identifying the vehicle or part to be removed. (Ord. 99-0040 § 77 (part), 1999.) 9934.4 Not to Be Reconstructed. A person shall not reconstruct or make operable any vehicle which has been removed by the County pursuant to this Chapter. (Ord. 99-0040 § 77 (part), 1999.) 9934.5 Exceptions. A vehicle or any part thereof shall not be removed pursuant to this Chapter if such vehicle or part is: 1. Completely enclosed within a building in a lawful manner where it is not visible from the street, highway or other public or private property, or 2. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junkyard. This exception does not authorize the maintenance of a public or private nuisance. (Ord. 99-0040 § 77 (part), 1999.) 9934.6 Registration of Vehicle. If any vehicle is removed pursuant to this Chapter, the Building Official shall forward to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 99-0040 § 77 (part), 1999.) 9934.7 Proof of Nonresponsibility. The owner of any land upon which a vehicle which has been removed was located may appear in person at any hearing provided for in this Chapter or present a written statement in time for consideration at such hearing and deny responsibility for the presence of the vehicle on the land with reasons for such denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that the land owner has not subsequently acquiesced in its presence, then the County shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle was located or otherwise attempt to collect such costs from such owner. (Ord. 99-0040 § 77 (part), 1999.) Page 16 of 16