Carpinteria Municipal Code Ch. 8.40 Building Repair or Demolition Order Procedures

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Editor's Note: Ord 264 created a second prior code § 9809.

After the order of the building official or city council becomes final pursuant to Sections 15.16.140 or 15.16.150, any owner or other interested aggrieved person having any objections to it must bring an action in a court of competent jurisdiction within thirty days after the date of the order to contest the validity of the proceedings; otherwise all objections will be deemed waived.

(Ord. 264 § 1 (part), 1979: prior code § 9809 (a))

After an order of the building official or city council becomes final, pursuant to Section 15.16.140, or pursuant to Section 9807 of Ord. 21, as amended, that determines that a building is dangerous, substandard or unsafe for human habitation in the city, it is unlawful:

A. For any person, directly or indirectly, to pay any rent, perform any services or give anything of value whatsoever for the privilege of continuing to reside in, use, or occupy for any purpose of human use, occupation or habitation of any such premises; and

B. For any person, firm or corporation to receive any rent, accept any services or receive anything of value whatsoever for the human use, occupation or habitation of any such premises;

C. For any person, after notice, to continue to reside in, use or occupy such premises, provided, however, that this subsection shall not prevent the owner nor the city from demolishing the premises nor the owner from renovating the same so long as they are not continued to be used in any way for human habitation.

(Ord. 291 § 2, 1980)

Thirty days after posting a copy of the order, the building official shall be deemed to have acquired jurisdiction to abate the nuisance by razing or removing the building or structure so condemned and, unless the nuisance is abated by the owner or agent in the meantime, the building official shall thereupon raze and remove the condemned building or structure or have the same done under his direction and supervision.

(Ord. 264 § 1 (part), 1979: prior code § 9809 (b))

The salvageable lumber and any other materials contained in any condemned building or structure shall be sold by the building official at public auction unless claimed by the owner prior to the sale after not less than five days' notice thereof published in a newspaper of general circulation published and circulated in the city, either before or after the building or structure has been razed or removed; and the amount received from the sale of such lumber and material shall be deducted from the expense of razing or removing the same. The building official shall owe no duty to hold a public auction if he determines that the value of the material is less than five hundred dollars and, in that event, he may sell the salvageable materials at a private sale five days after mailing a notice to the owner in the same manner as notice by mail to the owner is given pursuant to Section 8.40.040. In the event the building official determines that the lumber and materials do not have salvage value, he may dispose of the same in any reasonable manner.

(Ord. 264 § 1 (part): prior code § 9809 (c))

The building official shall keep an itemized account of the expenses involved in the razing or removing of the condemned building or structure, and deduct therefrom the amount received from the lumber and materials as aforesaid. He shall then post conspicuously on the property from which the building or structure was razed or removed a verified statement of the gross and net expense of razing or removing the building or structure and mail another copy of the statement and notice to the person named as the owner on the books of the county assessor, if his address is known to the assessor, after which the building official shall file his affidavit with the city clerk certifying to the time and manner of posting the statement and notice and also as to the mailing of a copy in case a copy was mailed.

(Ord. 264 § 1 (part), 1979: prior code § 9809 (d))

A. The owner shall have fifteen days to request that the building official hold a hearing to consider such objections as may be offered against the amount of expense, whereupon the building official may modify, amend or confirm the same as stated. When finally confirmed, in the event the cost of razing or removing exceeds the proceeds of the sale of lumber and materials, then the city clerk shall transmit a certified copy of the statement as confirmed to the county assessor and a further copy to the county tax collector.

B. Upon final confirmation of the statement, the net expense, if any, of abating any nuisance, shall constitute a lien on the real property upon which the same was abated or removed, and the amount thereof shall be added to the next succeeding tax bill against the property, and shall be collectible at the time and in the same manner as general municipal taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency; provided, that if the amount received from lumber and other materials should in any case exceed the net expense of razing or removing such building or structure, then, and in that event, such excess shall be deposited with the city clerk to the credit of the owner of the property or to such other person legally entitled thereto. Such excess shall be payable to the owner or other person on demand and upon producing evidence of ownership satisfactory to the city clerk. For purposes of this section, cost and expenses of razing or removing shall mean any and all expenses incurred plus ten percent thereof.

(Ord. 264 § 1 (part), 1979: prior code § 9809 (e))