Part 3 — ORGANIZATION AND ENFORCEMENT

When any structure or site is being used or constructed in violation of this code, or any of the codes adopted by reference herein, the Building Official may order such use or construction discontinued and the structure or portions thereof vacated by a written notice served on any person or persons causing such use. Such person or persons shall discontinue such use within the specified time as indicated on the notice. After receipt of such notice, such person or persons shall abate the violations or cause the building or structure to be demolished or removed.

(Ord. 1308, passed 12-19-07; Am. Ord. 1338, passed 11-17-10; Am. Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17; Am. Ord. 1441, passed 11-6-19; Am. Ord. 1473, passed 11-16-22; Am. Ord. 1519, passed 12-3-25) Penalty, see § 10.99

(A) The Building Official shall inspect or cause to be inspected a building or structure where reasonable suspicion exists that said building or structure may be substandard, unsafe or used in violation of this code, California Health and Safety Code, state housing regulations, or any of the codes adopted by reference herein. If after inspecting the building or structure, the Building Official determines that said building or structure is unsafe, substandard or being used in violation of this code, California Health and Safety Code, state housing law, or any of the codes adopted by reference herein, the Building Official shall give a written notice and order to the owner, tenant or user of the building or property pursuant to the provisions of the California Health and Safety Code, state housing law and this code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed or abated immediately.

(B) If a notice and order must be served upon the owner, tenant or user of the building or structure, the Building Official shall assess the owner, tenant or user of the building or structure all applicable fees required to cover expenses incurred by the city in the processing of the notice and order to abate. Such processing fees shall be calculated at the rate indicated in the schedule of service charges adopted by the City Council.

(C) Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds 75% of the valuation of the building prior to the disaster, or when determined by the Building Official that a structure is unsafe for occupancy due to damage the building shall be considered a total loss and be demolished pursuant to this section, and if necessary the safety of the damaged structure will be determined by an engineering study paid by the owner of the property.

(Ord. 1308, passed 12-19-07; Am. Ord. 1338, passed 11-17-10; Am. Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17; Am. Ord. 1441, passed 11-6-19; Am. Ord. 1473, passed 11-16-22; Am. Ord. 1519, passed 12-3-25)

(A) Any person, whether as principal, agent, employee or otherwise, who maintains any premises in violation of the provisions of this code, any of the codes adopted by reference herein, or the state housing law shall be liable for, and obligated to pay to the city all costs incurred by the city in obtaining abatement or compliance which is attributable to, or associated with, the enforcement or abatement action, whether such action is administrative, injunctive or legal and for all damages suffered by the city and its officers, agents, and employees as a result of such violation or efforts to abate the violation.

(B) If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the city, the City Council by resolution may order the cost of the abatement to be specially assessed to the property or parcel. Such assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure shall be applied at the time of sale or in case of delinquency as are provided for ordinary county taxes. (Ord. 1308, passed 12-19-07; Am. Ord. 1338, passed 11-17-10; Am. Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17; Am. Ord. 1441, passed 11-6-19; Am. Ord. 1473, passed 11-16-22; Am. Ord. 1519, passed 12-3-25) Penalty, see § 10.99

Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this code, the state housing law or any code adopted herein, the

Building Official may cause a notice of noncompliance to be recorded with the County Recorder and shall notify the owner of such property of such action. The notice of non-compliance shall describe the property, shall set forth the noncomplying conditions and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the notice of non-compliance with the County Recorder when it has been determined by the Building Official that the non-complying conditions have been corrected.

(Ord. 1308, passed 12-19-07; Am. Ord. 1338, passed 11-17-10; Am. Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17; Am. Ord. 1441, passed 11-6-19; Am. Ord. 1473, passed 11-16-22; Am. Ord. 1519, passed 12-3-25)

Buildings or structures or portions thereof which are regulated by this code, and which are determined by the Building Official to be unsafe or not provided with adequate egress or which constitute a fire hazard, or which are determined substandard under the provisions of the California Health and Safety Code, the state housing law, any other applicable law or ordinance, or which are otherwise dangerous to human life, or which constitute a hazard to health safety or public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or abandonment as specified in this code or any other law or ordinance, shall be declared unsafe buildings and shall be declared a public nuisance and shall be ordered abated by repair, rehabilitation, removal or demolition pursuant to the provision of this code.

(Ord. 1308, passed 12-19-07; Am. Ord. 1338, passed 11-17-10; Am. Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17; Am. Ord. 1441, passed 11-6-19; Am. Ord. 1473, passed 11-16-22; Am. Ord. 1519, passed 12-3-25)

It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain any building, structure or building service equipment regulated by this code, or cause the same to be done in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The penalty shall be as set forth in § 10.99 of this code. Each such person, firm, corporation or association shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or allowed and upon conviction of such violation such person, firm, corporation or association shall be punishable by a fine or imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law.

(Ord. 1308, passed 12-19-07; Am. Ord. 1338, passed 11-17-10; Am. Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17; Am. Ord. 1441, passed 11-6-19; Am. Ord. 1473, passed 11-16-22; Am. Ord. 1519, passed 12-3-25) Penalty, see § 10.99