Chino Hills Municipal Code Ch. 15.18 Dangerous Buildings

Buildings or structures which endanger the life, limb, health, property, safety or welfare of the general public or their occupants create a public nuisance. It is the intent of this chapter to provide a just, equitable and practical means for the repair, vacation and/or demolition of these buildings or structures, in conjunction with the Building Code, Residential Code or other laws. Accordingly, the Building Official is hereby authorized to enforce the provisions of this chapter.

(Ord. No. 331, § 5, 8-14-2018)

For the purposes of this chapter, the following words and phrases are defined as follows:

"Building" means any structure, premise or portion thereof, used or intended to support or shelter any use or occupancy including, without limitation, any dwelling unit, guestroom, or structure where things may be grown, made, produced, kept, handled, stored or disposed of.

"Building Code" means the California Building Code, as adopted by Sections 15.04.010 and 15.04.020 of the Chino Hills Municipal Code, as may be amended from time to time.

"Dangerous building" means any defective building, structure, premises surrounding a structure, or portions thereof which endanger the life, health, property or safety of the public or occupants. A building, structure, premises surrounding a structure, or portion thereof shall be deemed a 'dangerous building' when:

1. Any door, aisle, passageway, stairway or other exit is insufficient to provide a safe and adequate means of egress in case of emergency;

2. The condition of any aisle, passageway, stairway or other exit that is so warped, torn, loose or worn that it fails to provide a safe and adequate means of egress in case of emergency;

3. The stress in any materials, member, or portion thereof, is more than one and one-half times the working stress(es) allowed in the Building Code for new buildings of similar structure, purpose or location;

4. Any portion of the building has been damaged by fire, earthquake, wind, flood or other cause to such an extent that the structural stability of the building is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location;

5. Any portion of the building is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

6. Any exterior appurtenance or ornamentation of the building is insufficiently stable, anchored, attached or fastened such that it is incapable of withstanding wind pressure of one-half of that specified in the Building Code for new buildings of similar structure, purpose or location;

7. Any portion of the building has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

8. The building is likely to partially or completely collapse because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause;

9. The building is manifestly unsafe for the purposes for which it is being used, for any reason;

10. The exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base;

11. The building, excluding its foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its non-supporting members enclosing or outside walls or coverings;

12. The building has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

13. The building has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building provided by Title 15, as specified in the California Building Code or California Residential Code, or meets one or more conditions which define the structure as "Substandard" pursuant to California Health and Safety Code 17920.3, or of any state law relating to the condition, location or structure of buildings;

14. The building which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than fifty (50) percent, or in any supporting part, member or portion less than sixty-six (66) percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;

15. Any dwelling which is unfit for human habitation or in such condition that is likely to cause sickness or disease because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the Building Official to be unsanitary;

16. Any building which has been determined to be a fire hazard by the Fire Marshal or Building Official because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, heating apparatus, or other cause including an accumulation of combustible storage or vegetation which could cause accelerated spread to adjacent structures or properties;

17. The building is in such a condition as to constitute a public nuisance;

18. The building remains partially demolished or has been abandoned for a period in excess of six months;

19. The building is an illegal grow operation, or has been used as an illegal grow operation in the past, and such condition has not been completely repaired, demolished or removed and a certificate of occupancy has not been issued to the property owner; or

20. The building or premises contains a pool which is lacking the fully functional pool safety features or pool barriers which were required at the time of the pool's construction or remodel.

"Exigent notice" is a notice posted by the Building Official stating "DO NOT ENTER" (also known as "red tag") or "LIMITED ENTRY"(also known as "yellow tag"), which are necessary when the Building Official has determined that the condition of a structure or portion thereof poses an immediate threat to the life, limb, property or safety of the public or its occupants, and there is an urgency which dictates immediate action in advance of the normal noticing procedures outlined in Section 15.18.050.

"Illegal grow operation" means an operation to facilitate the growth, production, manufacture, keeping or storage of large amounts of vegetation inside a structure that results in the physical alteration of a structure in such a manner so as to endanger the life, limb, health, property, safety or welfare of any prospective inhabitants and/or the general public.

"Notice and Order" is the notice of a dangerous building and the orders that result from this determination as described in Section 15.18.050.B.

"Notice to vacate" means an order issued by the Building Official pursuant to Section 15.18.050.C.

"Person" means an individual, partnership, corporation, joint venture or other entity of any nature.

"Residential Code" means the California Residential Code, as adopted by Section 15.04.030 and 15.04.040 of the Chino Hills Municipal Code, as may be amended from time to time.

(Ord. No. 331, § 5, 8-14-2018; Ord. No. 408, § 12, 4-23-2024; Ord. No. 427, § 5, 6, 11-25-2025)

A. Any building which is determined by the Building Official to be a dangerous building is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 15.18.050. Failure, neglect or refusal to obey any order of the Building Official or hearing officer is a misdemeanor and may result in abatement by the Building Official.

B. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any dangerous building. No person shall remain in or enter any building in violation of a posted Exigent Notice (defined in Section 15.18.020 of this code), unless permission is granted by the building official authorizing entry may be made to repair, demolish or remove such building.

C. No person shall remove or deface any posted Exigent Notice (defined in Section 15.18.020 of this code), unless authorized by the building official.

D. It shall be unlawful for any person to remove a notice to vacate that has been posted on a structure by the Building Official without the permission of the Building Official.

(Ord. No. 331, § 5, 8-14-2018; Ord. No. 427, § 7, 11-25-2025)

A. The Health Officer, Fire Marshal and the Building Official are hereby authorized to make such inspections and take such action(s) as may be required to enforce the provisions of this chapter. All construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with this chapter and the Building Code.

B. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the building official or his/her designee has reasonable cause to believe that a dangerous building exists, the building official may enter the premises at reasonable times to inspect or perform the duties imposed by this chapter under the following circumstances:

1. If the building is occupied, the Building Official shall present his/her credentials to the occupant and request entry;

2. If the building is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry therefrom; or

C. If entry is refused or cannot be obtained, the Building Official shall have the recourse to the remedies provided by law to secure entry.

(Ord. No. 331, § 5, 8-14-2018)

A. Building Official to Commence Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the Building Official may commence proceedings to cause the repair or rehabilitation of the building or, if repairs or rehabilitation are found to be impractical, to cause the vacation and demolition of the building.

B. Content of Notice and Order. To commence proceedings under this section, the Building Official shall issue a Notice and Order to the record owner of the building and the person, if any, occupying or otherwise in real or apparent charge and control of the building. The Notice and Order shall contain the following:

1. The street address and a legal description sufficient for identification of the premises upon which the building is located;

2. A statement that the Building Official has determined that the described building is a dangerous building, and a brief description of the applicable conditions found under the definition of "dangerous building" in Section 15.18.020 including, whenever an order to demolish is given, a finding that repair or rehabilitation is impractical, with a brief statement of the facts upon which such finding is based;

3. A statement of the action required to be taken as determined by the Building Official within such time as the Building Official shall determine is reasonable under all of the circumstances;

4. An order to secure permits and physically commence elimination of the described conditions within a reasonable timeframe as determined by the Building Official or, if repair or rehabilitation has been found impractical, to vacate the building and commence demolition and complete demolition within a reasonable timeframe as determined by the Building Official;

5. A statement that if any required work is not commenced within the time specified, the building official may (i) order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) proceed to cause the work to be done and charge the costs thereof against the property or its owner; and

6. A statement advising that any person having any record title or legal interest in the building may appeal from the Notice and Order or any action of the Building Official, provided the appeal is made in writing and filed within twenty (20) days from the date of service of such Notice and Order, and that failure to appeal will constitute a waiver of all rights to an administrative hearing.

C. Exigent Notices. In addition to the Notice and Order process set forth above, where the Building Official has determined that the condition of a structure or portion thereof poses an immediate threat to the life, limb, property or safety of the public or its occupants, an Exigent Notice shall be immediately issued by the Building Official and shall become effective immediately upon posting. It is a misdemeanor to enter, use, or occupy a building or structure in violation of the posted Exigent Notice, or to remove an Exigent Notice, without permission from the Building Official.

Exigent Notices shall be conspicuously posted at or upon each entrance of the building or structure and shall contain clear and concise directives relating to the conditions and restrictions applied. The Exigent Notices shall also contain the name of the Building Official, state that the notice has been issued "Pursuant to Chino Hills Municipal Code Section 15.18.030", and declare that "It is a misdemeanor to use or occupy this building in violation of the notice or to remove or deface this notice",

Whenever an Exigent Notices is posted, the Building Official shall include a notification thereof of the notice and order issued by him under subsection B. of Section 15.18.050, reciting the emergency and specifying the conditions which necessitate the posting."

D. Service.

1. All Notice and Orders and Exigent Notices, shall be posted on the property and served upon the owner of record as it appears on the last equalized assessment roll of the county. The failure of the Building Official to serve any person required herein to be served will not invalidate any proceedings or relieve any such persons from any duty or obligation imposed by the provisions of this chapter.

2. Service of Notice and Orders, and Exigent Notices, will be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county. Failure to receive notice will not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner herein provided will be effective on the date of mailing.

3. In addition, any order for demolition shall also be served on any person having any recorded or legal interest in the building. The failure of the Building Official to serve any person required herein to be served will not invalidate any proceedings or relieve any such persons from any duty or obligation imposed by the provisions of this chapter.

4. Proof of service of Notice and Orders, and Exigent Notices, shall be documented at the time of service.

(Ord. No. 331, § 5, 8-14-2018; Ord. No. 408, § 13, 4-23-2024; Ord. No. 427, § 8, 11-25-2025)

Pursuant to Title 15 of this Code, any person may appeal from any action of the Building Official under this chapter by filing an appeal within twenty (20) days of the issuance of the Notice and Order or action as set forth in. Appeals shall be requested and hearings conducted as set forth in Sections 1.20.020, 1.20.030 and 1.20.040 of this code, except that the hearing body shall be the Board of Appeals rather than the City Council.

(Ord. No. 331, § 5, 8-14-2018; Ord. No. 408, § 14, 4-23-2024)

A. Compliance. The building official may, in addition to any other remedy herein provided, cause the dangerous building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the Notice and Order; or, if the Notice and Order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work will be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person lawfully entitled thereto.

B. Extension of Time to Perform Work. Upon receipt of an application from the person required to conform the order and by agreement of such person to comply with the order if allowed additional time, the Building Official may grant an extension of time, not to exceed another one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the Notice and Order.

C. Interference Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter; or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such officer, employee, contractor or authorized representative of the city, person having an interest or estate in such building, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter.

D. Recordation. If compliance is not had within the time specified by the Notice and Order, and no appeal has been properly and timely filed, the Building Official will file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a dangerous building; and (ii) that the owner has been so notified. Whenever the corrections ordered have been completed or the building has been demolished so that it no longer exists as a dangerous building, the Building Official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.

(Ord. No. 331, § 5, 8-14-2018)

A. The Director of Public Works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 15.18.070(A). Upon the completion of the work of repair or demolition, said director shall prepare and file with the City Clerk a report specifying the work done, the itemized and total cost of the work including any City staff time and attorneys' fees expended in this effort, a description of the real property upon which the real property upon which the building is or was located, and the names and addresses of the record owner.

B. The total cost for abatement, as confirmed by the City Council, shall constitute a special assessment against the lot or parcel of land to which it relates and, upon recordation in the Office of the County Recorder of the County of San Bernardino of a notice of lien, shall constitute a lien on the property for the amount of the assessment. After confirmation and recordation, a copy of the notice of lien may be turned over to the Tax Collector to add the amounts of the assessments to the next regular tax bill levied against the respective lots and parcels of land. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN Claim of the City of Chino Hills

Pursuant to the authority vested by Chapter 15.18 of the Chino Hills Municipal Code, the City of Chino Hills's hearing officer [City Council] did on or about the _______day of ______, 20____, cause the property hereinafter described to be declared a public nuisance and order the same abated. The City Council of the City of Chino Hills, did on the ______day of 20 _______, assess the cost of such abatement upon the property and the same has not been paid nor any part thereof. The City of Chino Hills does hereby claim a lien for such abatement in the amount of the assessment, to wit: the sum of $ ________, and the same shall be a lien upon the real property until paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being entirely with the City of Chino Hills, County of San Bernardino, State of California, particularly described as follows:

(legal description)

Dated: This ______day of ____________, 20__________.

City Manager, City of Chino Hills

(Ord. No. 331, § 5, 8-14-2018)

A. Purpose. Buildings which are or have been used as illegal grow operations may contain significant health and safety hazards. Substantial damage and hazardous conditions found in these buildings may include structural issues, electrical tampering, chemical contamination, increased levels of combustible gases, and abundant growth of visible and hidden mold. The purpose of these specific requirements is to rehabilitate the structure by remediating the foregoing damage and conditions to ensure the health and safety of future inhabitants of the structure and/or the general public.

B. General Restoration Requirements and Process. Prior to the Building Official certifying a structure that has been used for an illegal grow operation for occupation, the Building Official must certify that the restoration requirements and process set forth below have been completed:

1. Prior to the commencement of any restorative action, the property owner must obtain permission from the Building Official for necessary consultants to enter the building and provide the City with an assessment report prepared by a qualified environmental, industrial or occupational-health consultant. Specifically, this report must identify and delineate the presence of any biological hazards (such as mold and insect infestation), surface contamination, and hazardous materials and products including, without limitation, pesticides, fertilizers, lead, asbestos, mercury, and polychlorinated biphenyls.

2. Once the assessment report has been reviewed and approved by the Building Official, the property owner must obtain any and all building permits necessary to restore the structure.

3. Once the property owner has obtained any and all necessary building permits, the Building Official will cause the notice of violation to be removed. If, pursuant to section R111.3 of this Code, the Building Official caused the water to be shut off, the Building Official will also cause the water to the building to be reconnected for a period not to exceed sixty (60) days from the date the assessment report has been approved. If the requirements of this Section have not been completed within 60 days from the date the assessment report has been approved, the building official will disconnect the water to the building, and repost the notice of violation.

C. Water Damage and Mold. Where water damage has occurred, the area(s) in the structure must be assessed to determine the extent of damage and mold contamination. This assessment must include insulation and any other absorbent material in wall and ceiling cavities including, where applicable, the attic. All moldy material must be removed, and the area cleaned and dried, before repairs and refinishing are completed. All mold removal must be done by a contractor certified by the Institute of Inspection, Cleaning and Restoration (IICRC) or the Indoor Air Quality Association (IAQA).

D. Chemicals. Where chemicals or hazardous material contamination has occurred, the area(s) must be assessed to determine the extent of contamination. Remediation and disposal must be conducted in accordance with industry standards, hazardous material handling protocols, and/or consultant's direction.

E. Building Requirements. The property owner must complete the following:

1. Obtain a restoration permit from the city to cover inspection cost(s);

2. Remove and properly dispose of any chemicals, interior clutter, and properly dispose of waste materials;

3. Remove all surface mounted electrical wiring, conduits, junction boxes, outlet boxes and sub panels;

4. Remove illegal taps from service entrance conductors;

5. Contact Southern California Edison ("SCE") regarding any required repair/replacement of service entrance conductors which are the property of SCE and provide proof of the completion of any required repair/replacement to the City;

6. Contact SCE regarding repair/replacement of service entrance conduit that has been cut open to expose service entrance conductors and provide proof of the completion of any required repair/replacement to the City;

7. Remove all surface-mounted ventilation ducting;

8. Remove any/all surface-mounted equipment including all lighting, humidifiers, fans, etc.;

9. Remove or obtain building permits for all false walls, added partitions added doors and frames which were not a part of the original construction;

10. Remove any drywall covering the windows;

11. Remove all reflective material added to walls; and

12. Remove all carpeting from structure 1st floor and expose all sub floor sheathing on 2nd floor for inspection.

F. Following completion of the building requirements outlined in subsection (B), above, the property owner must request a re-inspection from the Building Official, and obtain the approval that each requirement was properly completed before proceeding with the following additional requirements:

1. Repair the heating and ventilation systems including any air conditioning appliances and connections and ensure that equipment is properly installed and in good working condition. This must include replacement of filters and a thorough, professional cleaning of any forced-air equipment and ductwork, vents, and grills by a furnace- and duct-cleaning company;

2. Install fully operational carbon monoxide and smoke detectors in all required areas;

3. Repair and restore plumbing systems to proper operating condition; and

4. Repair and restoration of any gas lines and connections to proper operating condition.

(Ord. No. 331, § 5, 8-14-2018)