Compton Municipal Code § 14-3 Dangerous and Substandard Residential Buildings

[Added by Ord. #1450, § 8134]

It is the purpose of the provisions of this section to provide a just, equitable, and practicable method, to be cumulative with and in addition to any other remedy available at law, whereby buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, or are a menace to the life, limb, health, morals, property, safety, and general welfare of the people of the City, or which tend to constitute a fire hazard, may be required to be repaired, vacated, or demolished.

[Added by Ord. #1450, § 8135; amended 10-26-2021 by Ord. No. 2339]

a. Dangerous Buildings. For the purposes of this section, any building or structure which has any or all of the following defects shall be deemed a dangerous building:

1. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to, or might, use such door, aisle, passageway, stairway, or other means of exit;

2. Whenever the stress in any materials or member, or portion thereof, due to all dead and live loads, is more than 1 1/2 times the working stress or stresses allowed in the California Building Code ;

3. Whenever any portion thereof has been damaged by earthquake, wind, flood, or by any other cause in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of this Code for a new building or similar structure, purpose, or location;

4. Whenever any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

5. Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof, is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of 1/2 that specified by the California Building Code, without exceeding the working stresses permitted in the California Building Code;

6. Whenever any portion thereof has 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 new construction;

7. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, decay, or faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or because of some other cause is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way;

8. Whenever for any reason whatsoever the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used;

9. Whenever 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 1/3 of the base;

10. Whenever the building or structure, exclusive of the foundation, shows 33% or more of damage or deterioration to the member or members, or 50% of damage or deterioration of a nonsupporting enclosing or outside wall or covering;

11. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisances or unlawful or immoral acts;

12. Any building or structure which has been constructed, or which now exists or is maintained, in violation of any specific requirement or prohibitions applicable to such building or structure of the building regulations of the City as set forth in this section, or of any provisions of the Fire Code of the City or this Code relating to the prevention of fire when so determined and reported by the Fire Chief or Fire Department, or of any County Health Code provision relating to the protection of health when so determined and reported by the Health Officer, or of any law of the State or City relating to the condition, location, or structure of buildings;

13. Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50%, or in any supporting member less than 66% of the strength, fire resisting qualities, or characteristics or weather-resisting qualities or characteristics required by law or ordinance in the case of a newly-constructed building of like area, height, and occupancy in the same location;

14. Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, or faulty construction or arrangement, or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease, when so determined by the Health Officer, or likely to work injury to the health, safety, or general welfare of those living within;

15. Whenever a building or structure used or intended to be used for dwelling purposes has light, air, and sanitation facilities inadequate to protect the health, safety, or general welfare of persons living within;

16. Whenever any building or structure, by reason of obsolescence, dilapidated condition, deterioration, damages, electric wiring, gas connections, heating apparatus, or other cause, is in such condition as to be a fire hazard and is so situated as to endanger life or other buildings or property in the vicinity or to provide a ready fuel supply to augment the spread and intensity of the fire arising from any cause; and

17. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned and vandalized, damaged and/or left unsecured for a period in excess of six months so as to constitute such buildings, or portion thereof, an attractive nuisance or hazard to the public.

b. Substandard Residential Buildings. For the purposes of this section, any residential building or structure defined by the California Building Code Volume III (Housing Code) shall be deemed a substandard residential building.

[Added by Ord. #1450, § 8135.1; amended by Ord. #2224, § 6]

As used in this section:

BOARD

Unless otherwise specified, shall mean the Housing Advisory and Appeals Board. (HAAB).

BUILDING OFFICIAL

Unless otherwise specified, shall mean and include the Chief Building Inspector or his duly authorized representative.

DEPARTMENT

Unless otherwise specified, shall mean the Department of Building and Safety.

HEARING OFFICER

Unless otherwise specified, shall mean a person who is appointed by the City Manager to perform the duties of the Board, provided that the Board is unable to constitute a quorum.

[Added by Ord. #1450, § 8135.2]

All dangerous buildings and substandard residential buildings within the terms of subsection 14-3.2 of this section are hereby declared to be public nuisances and shall be vacated, repaired, or demolished as set forth in subsections 14-3.5 through 14-3.39 of this section.

[Added by Ord. #1450, § 8136]

The Department of Building and Safety shall cause any building or structure to be inspected for the purpose of determining whether or not it is a dangerous building or substandard residential building in any of the following events:

a. Whenever the Department, in its reasonable discretion, shall determine that such inspection is necessary;

b. Whenever the Housing Authority, acting pursuant to the provisions of the Housing Authorities Law of the State, shall transmit to the Department its written recommendations and findings that a building or structure is in such condition as to be dangerous to the public health, morals, safety, or welfare;

c. Whenever any person files with the Department a verified complaint wherefrom there is, in the opinion of the Department, probable cause to believe that a building or structure is a dangerous building or substandard residential building; and

d. Whenever any member of the Fire Department, Police Department, or County Health Department transmits to the Department a written report from the facts of which there is, in the opinion of the Department, probable cause to believe that a building or structure is a dangerous building or substandard residential building.

[Added by Ord. #1450, § 8137]

Upon the completion of the inspection, a written report shall be filed setting forth the facts as to the condition of the building or structure and the work needed to be done thereon.

[Added by Ord. #1450, § 8138; amended by Ord. #2224, § 7]

If the Building Official shall determine from the report that there is a probable cause to believe that the building or structure is a dangerous building or substandard residential building, he or she may request that the matter be set for hearing by the Board or Hearing Officer and a notice of such hearing shall be given as set forth in subsections 14-3.8 through 14-3.13 of this section.

[Added by Ord. #1450, § 8139]

Notice of the hearing shall be given upon a form prescribed by the Building Official. The notice shall set forth the street address and a legal description, sufficient for identification, of the premises upon which the building or structure is located. The notice shall contain a brief statement of the conditions which show probable cause to believe that the building or structure is a nuisance within the terms of subsection 14-3.2 of this section. The notice shall state the date, hour, and place of the hearing and shall order all interested parties who desire to be heard in the matter to appear and to show cause why the building or structure should not be repaired, vacated, and repaired, or demolished.

[Added by Ord. #1450, § 8140]

One copy of the notice shall be posted in a conspicuous place upon the building or structure involved.

[Added by Ord. #1450, § 8141]

One copy of the notice shall be served upon the following: 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; and the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.

[Added by Ord. #1450, § 8141.1]

A transfer of title after a dangerous or substandard residential building has been recorded or the building or structure has been posted shall serve as a notice to all persons of the intent of the City, and it shall be the duty of the person or interested party to investigate action in progress by the City.

[Added by Ord. #1450, § 8142]

a. Method of Service. The notice of hearing shall be served upon all persons entitled thereto either personally or by certified or registered mail. Service by certified or registered mail shall be effective on the date of the mailing if a certified or registered letter containing a copy of such notice is mailed, postage prepaid, return receipt requested, to each such person at the address of such person as it appears on the last equalized assessment roll of the County or as known to the City Clerk. If no such address so appears or is known to the City Clerk, then a copy shall be addressed to such person at the address of the building or structure involved in the proceedings. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

b. Affidavit of Service. The officer or employer of the department, upon giving notice as provided herein, shall file an affidavit thereof certifying to the time and manner in which such notice was given. He shall also file therewith any receipt card which may have been returned to him in acknowledgement of the receipt of such notice by certified or registered mail.

[Added by Ord. #1450, § 8143]

The notice of hearing shall be posted and served at least 10 days prior to the date set for the hearing.

[Added by Ord. #1450, § 8144; Ord. #2224, § 8]

The Board or a duly appointed Hearing Officer appointed or designated by the City Manager shall:

a. Hold a hearing as requested by the Building Official and hear and consider any evidence pertaining to the matter set forth in the report offered by the owner, occupant, or person in charge and control, mortgagee or beneficiary under any deed of trust, lessee, or any other person having any estate or interest in such building or structure; and

b. Make written findings of fact as to whether or not the building or structure in question is a dangerous building or substandard residential building within the terms of this section.

[Added by Ord. #1450, § 8145; Ord. #2224, § 9]

A record of the entire proceedings shall be made by tape recording or any other means of permanent recording determined to be appropriate by the Board or Hearing Officer.

[Added by Ord. #1450, § 8146]

The following standards shall be allowed in substance in ordering the repair, vacation, or demolition of any building or structure. Any order to demolish rendered pursuant to the provisions of this subsection shall not indicate an alternative permission to repair; however, an order to repair may be satisfied by demolition:

a. If the dangerous building or substandard residential building can be reasonably repaired so that it will no longer exist in violation of the provisions of this Code, the building shall be ordered to be repaired.

b. If the dangerous building or substandard residential building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, the building shall be ordered to be vacated.

c. If any case where a dangerous building is 50% damaged, decayed, or deteriorated, the building shall be ordered to be demolished.

d. In all cases where a dangerous building or substandard residential building cannot be reasonably repaired so that it will no longer exist in violation of the terms of this Code, the building shall be ordered to be vacated and demolished.

e. In all cases where a dangerous building or substandard residential building is a fire hazard existing or erected in violation of the terms of this section or any law of the City or statute of the State, the building shall be ordered to be demolished.

[Added by Ord. #1450, § 8147; amended by Ord. #2224, § 10]

a. In the course of any proceedings taken hereunder, whenever either the Hearing Officer, or Building Official shall have cause to require additional evidence as to whether or not any building or structure is a fire or life hazard, or is detrimental to the health of the persons living therein, in comparison with buildings or structures constructed in accordance with the minimum requirements of this Code, the Board, Hearing Officer, or Building Official may request that such building or structure be inspected by the Fire Department or by the County Health Department, as the case may be, or by both such departments.

b. The department to which such request is directed shall cause the building or structure to be inspected with particular reference to the characteristics inquired about and a report thereof in writing shall be transmitted to the requesting authority within five days after the receipt of the request for such report. The report shall be considered along with other evidence at the hearing.

[Added by Ord. #1450, § 8148; amended by Ord. #2224, § 11]

Within 60 days after the conclusion of the hearing, the Board or Hearing Officer shall submit its finding and recommendations to the Building Official.

[Added by Ord. #1450, § 8149; amended by Ord. #2224, § 12]

If, from the findings and recommendations of the Board or Hearing Officer and the report of inspection, the Building Official shall determine that the building or structure involved is a dangerous building or substandard residential building within the terms of this section, then he or she shall issue an order:

a. That the occupant, lessee, or other person in possession shall vacate such building, or that he or she may remain in possession while repairs are being made; or

b. That any mortgagee, beneficiary under a deed of trust, or any other person having an interest or estate in such building may, at his own risk, repair, vacate and repair, or demolish such building.

[Added by Ord. #1450, § 8150; amended by Ord. #2224, § 13]

a. The order to repair, vacate and repair, or demolish shall set forth the street address of the building or structure and a legal description of the premises sufficient for identification. Such order shall contain a statement of the particulars which render the building or structure a dangerous building or substandard residential building and a statement of the things required to be done.

b. Such order shall specify the time within which the work required shall be commenced, which shall be not less than 10 days nor later than 30 days after the issuance of the order, and shall further specify a reasonable time within which the work shall be completed.

c. Notwithstanding the provisions of paragraphs a and b above, upon a written application by an interested party for good cause shown and where no imminent risk to life or property is present, the Building Official, the Board, or Hearing Officer (in case an appeal is made to it pursuant to the provisions of subsection 14-3.22 of this section) may grant a reasonable extension of time, not to exceed 120 days, within which the work required shall be commenced.

d. The time for completion may be extended for cause by the Building Official, the Board or Hearing Officer, in case an appeal is made to it pursuant to the provisions of said subsection 14-3.22.

[Added by Ord. #1450, § 8151]

A copy of the order to repair, vacate and repair, or demolish any structure shall be posted in a conspicuous place upon the building and shall be served, in the manner prescribed in the case of the notice of hearing, upon all persons to whom the notice of hearing is required to be served.

[Added by Ord. #1450, § 8151.1; amended by Ord. #2224, § 14]

Within 10 days after the service of the order, as provided in subsection 14-3.21 of this section, the owner or other person having the charge and control of any building or structure affected by such order may appeal said order in accordance with such procedure as may be established by the respective Board or Hearing Officer. If such an order is not appealed, it shall become final and unappealable on the eleventh 11th day after service.

Upon such appeal, the Board or Hearing Officer may affirm, modify, or annul the order appealed from, including any of the terms or conditions thereof. The order on appeal shall become final upon its approval by a Board resolution or written order by the Hearing Officer.

No order to repair, vacate and repair, or demolish any structure shall be enforced if annulled by the Board or Hearing Officer on appeal or enforced contrary to any modification of such order made by the Board or Hearing Officer on appeal. The Building Official shall order a public hearing by the Housing Advisory and Appeals Board or Hearing Officer, or the City Council to adopt a resolution.

[Added by Ord. #1450, § 8152; amended by Ord. #2224, § 15]

a. The owner or other person having the charge and control of any building or structure determined by the Department, or by the Board or Hearing Officer upon appeal, to be a dangerous building or substandard residential building who shall fail to comply with any order to repair, vacate and repair, or demolish such building shall be guilty of a misdemeanor.

b. The occupant or lessee in possession of such building or structure who fails to comply with any order to vacate such building in accordance with any order given as provided for in this section shall be guilty of a misdemeanor.

c. Any person who removes any notice or order posted as required in this section shall be guilty of a misdemeanor.

d. No utility company or supplier shall service the owner or occupants of any apartment, dwelling, building, or structure which is posted until notified by the Building Official.

[Added by Ord. #1450, § 8153; amended by Ord. #2224, § 16]

Whenever an order to repair, vacate and repair, or demolish any building or structure has not been complied with within the time set by the Department, including such additional time as the Department (or the Board or Hearing Officer upon appeal) may for good cause have extended, the Department shall have the power, in addition to any other remedy provided, to:

a. Cause the material of any such building or structure to be sold in any manner which the Department may determine; provided, however, any such sale shall be upon the condition that the building or structure be forthwith demolished, the wreckage and debris thereof be removed, and the lot be cleaned. The Department may sell any such building singly or otherwise, as the Department may find desirable, in order to insure that the consideration obtained from one or any number of such buildings shall be adequate to pay the costs of demolition and of cleaning the sites. Any surplus from the sale of any such building or structure, or group or buildings or structures, over and above the costs of demolition and of cleaning the sites, shall be retained to be distributed to the parties or persons lawfully entitled thereto; or

b. Cause the building or structure to be repaired or demolished by such means as the Department may deem advisable. The costs therefor shall be paid from the Repair and Demolition Fund and assessed against the property upon which the particular building or structure is located.

[Added by Ord. #1450, § 8153.1]

a. Whenever the Department has undertaken action to sell, repair, or demolish any building or structure pursuant to the provisions of subsection 14-3.24 of this section following the failure of the owner or other interested party to comply with an order thereof, and has caused the solicitation of bids to accomplish such work, the owner or other persons having the charge or control of such building or structure shall be deemed to have forfeited all further rights and privileges to do such work and shall be thereafter prohibited from doing any such work on such building or structure, except as the Department may otherwise allow.

b. In the event the owner or other persons having the charge or control of the building or structure proceed to perform the work of repairing or demolishing a building or structure without a permit and in violation of the provisions of paragraph a above, the Department shall charge the person who caused such work to be performed the sum of $50 as partial reimbursement to the City for those expenses incurred in the preparation of the bid and administering the invitation to bid.

[Added by Ord. #1450, § 8154]

a. The Council shall establish a special revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by the Department in causing the necessary work of repair or demolition of dangerous buildings and substandard residential buildings.

b. The Council may at any time transfer to such special fund, out of any money in the General Fund of the City, such sums as the Council may deem necessary in order to expedite the performance of the work of demolition or repair, and the sums so transferred shall be deemed a loan to the special fund and shall be repaid out of the proceeds of the assessments provided for, either upon voluntary payments or as the result of the sale of property after delinquency, and shall be paid when collected to the City Treasurer, who shall place the same in the Repair and Demolition Fund. All liens shall become a credit to the Repair and Demolition Fund.

[Added by Ord. #1450, § 8155]

Whenever the owners, lessees, encumbrances, and others having any estate or interest in any dangerous building have failed within the time fixed to repair or demolish the building as ordered, and whenever the Department has not sold the building or structure for the purposes of demolition as set forth in subsection 14-3.24 of this section, the Department may proceed to have the costs of such repairs or demolition assessed against the property upon which the particular building or structure is located and recover from the sale of such property as hereinafter provided.

Such costs shall include, in addition to the costs, to complete the work or demolish the building, an amount not exceeding 30% of such costs but not less than the sum of $100 to cover the costs of the City administering the contract and supervising the work required.

[Added by Ord. #1450, § 8156]

a. Reports: Filing: Contents. The Department shall keep an itemized account of the net expenses involved in the repairing or demolishing of such buildings. Upon the completion of the repair or demolition, the Department shall prepare and file with the City Clerk, in duplicate, a report stating the work done, the net cost of the work, a description of the real property upon which the building or structure was located, the names and addresses of the persons entitled to notice pursuant to the provisions of subsection 14-3.10 of this section, and the assessment against each lot or parcel of land proposed to be levied to pay the costs thereof. Any such report may include repair or demolition work on any number of buildings or structures on any number of parcels of property, whether contiguous to each other or not.

b. Reports: Hearings: Notices. Upon the receipt of the report, the City Clerk shall present it to the Council for consideration. The City Clerk shall cause a notice of the costs of the repair or demolition to be posted upon the property, or published once in a newspaper of general circulation in the City, and served by registered or certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assessment roll of the County, if such so appears, or as known to the City Clerk. Such notice shall be given at least 10 days prior to the date set for the hearing and shall specify the day, hour, and place when and where the Council will hear and pass upon the report of the Department, together with any objections or protests which may be filed by any person interested in and affected by the proposed assessment.

c. Reports: Protests and Objections. Any person interested and affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the Department. Each such protest or objection shall contain a description of the property in which the signer thereof is interested and the ground of such protest or objection. The City Clerk shall endorse on every such protest or objection the date it was received by him. He shall present such protests or objections to the Council at the time set for the hearing.

d. Reports: Hearings: Protests. Upon the day and hour fixed for the hearing the Council shall hear and pass upon the report of the Department, together with any objections or protests. The Council may make such revisions, corrections, or modifications in the report on the assessment as the Council may deem just, and, when the Council is satisfied with the correctness of the assessment, the report, as submitted or as revised, corrected, or modified, together with the assessment, shall be confirmed. The decision of the Council on the report and the assessment and all protests or objections shall be final and conclusive. The Council may adjourn the hearings from time to time.

e. Assessments: Contest. The validity of any assessment made under the provisions of this subsection shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is recorded. Any appeal from a final judgment in such action or proceeding shall be perfected within 30 days after the entry of such judgment.

f. Assessments: Payment in Installments. The Council, in its discretion, may determine that assessments in amounts of $50 or more shall be payable in not to exceed five equal annual installments and may also determine that after 30 days after the recording of the assessment all sums then unpaid shall bear interest. Such interest shall be at a rate not to exceed 6% per annum and shall accrue in monthly amounts on the first day of each month after 30 days after the recording of the notice of lien. The Council's determination to allow the payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by resolution adopted prior to the confirmation of the assessment.

g. Assessments: Recording. Upon the confirmation of the assessment, the City Clerk shall transmit the notice of lien to the office of the County Recorder. From the date of such recording all persons shall be deemed to have notice of the contents of such assessments. All unpaid recorded liens shall be transmitted to the County Auditor-Controller, in accordance with established procedures, to be added to the regular tax bill.

h. Assessments: Liens. Immediately upon its recording in the assessment roll of the County Tax Assessor, the assessment shall be deemed to be complete, the several amounts assessed shall be payable and the assessment shall be a lien against the lots or parcels or land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for State, County, and municipal taxes, with which such lien shall be upon a parity. The lien shall continue until the assessment and all interest and costs due and payable thereon are paid, or until the property is sold and deeded to the purchaser or assignee.

[Added by Ord. #1450, § 8157]

Notices served pursuant to the provisions of subsections 14-3.1 through 14-3.28 of this section shall be deemed to include times and notifications served in accordance with other ordinances in force or repealed whereby the occupants, owners, or others were notified in accordance with such other ordinances.