East Palo Alto Municipal Code Ch. 15.24 Uniform Housing Code

The code of rules and regulations known and designated as the Uniform Housing Code, 1991 Edition, called "housing code" in this chapter, requiring a permit and inspection for construction, alteration or repair of buildings used for human habitation, defining terms, establishing minimum requirements for occupancy, construction, alteration or repair of such buildings and inspection thereof, and repealing conflicting ordinances, printed in book form and filed in the office of the clerk of the city council of the city, is adopted and by reference incorporated in this chapter as if fully set forth, except as otherwise provided in this chapter, as the plumbing code of the city. In all places in the Uniform Housing Code, 1991 Edition, where reference is made to the "building official," it shall be amended to read "city manager or his designee."

(Ord. 184 § 6, 1995: Ord. 161 § 6, 1993: prior code § 9-6.101)

As used in this chapter:

"Building official" and "building inspector" mean and include the designated representatives of the department of community development, office of building inspection, and of the department of public works.

"City council" means the city council of the city of East Palo Alto.

"City of East Palo Alto" means the city of East Palo Alto, and those unincorporated surrounding areas which fall under the jurisdiction of the Uniform Housing Code of the city of East Palo Alto.

"City treasurer," "city clerk" and "city attorney" mean the city treasurer, city clerk and city attorney of the city of East Palo Alto. All references to "city personnel" means personnel of the city of East Palo Alto.

"Director of public works" means the director of the department of public works of the city of East Palo Alto.

"Repairs" means and includes, where a vacant, unmaintained and unsecured building is involved, the boarding up and securing of such building and the removal of garbage and refuse therefrom.

(Prior code § 9-6.102)

Section 203 is deleted from the code, and in its place, the following is substituted:

In order to provide for interpretation of the provisions of this Code and to hear appeals provided for hereunder, hearings shall be conducted before the City Council of the City of East Palo Alto. The City Council shall conduct hearings in the manner set out in Article 12 of this Code. Before any action to repair, vacate or demolish any premises is taken, there shall be a final decision by the City Council of the City of East Palo Alto.

(Prior code § 9-6.103)

Section 401 is amended to delete from the definition of "nuisance" the words "or illumination" from Section 5, to delete Section 6, and to add and renumber as Section 6 the following:

6. Any Untenantable Dwelling. A dwelling shall be deemed untenantable when it substantially lacks any of the following:

(A) Effective waterproofing in particular;

(B) Plumbing facilities which conform to applicable law in effect at the time of installation, maintained in good working order;

(C) A water supply approved under applicable law, capable of producing hot and cold running water, or a system which is under the control of the landlord or owner, which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law;

(D) Heating facilities which conformed with applicable law at the time of installation, maintained in good working order;

(E) Sufficient electrical lighting, with wiring and electrical equipment which conformed with applicable law at the time of installation, maintained in good working order;

(F) Building, grounds and appurtenances, clean, sanitary, and free in every part from all accumulation of debris, filth, rubbish, garbage, rodents and vermin;

(G) An adequate number of approved receptacles for garbage and rubbish, in clean condition and in good repair;

(H) Floors, required floor covering, stairways, and failings maintained in good repair.

Add to Section 9 the following:

9. Any vacant, unmaintained, and unsecured building, which is open to entry by children, vagrants, or dissolute persons, is being vandalized, has accumulations of garbage and refuse constituting a fire hazard or health hazard, or is causing a blighted condition.

(Prior code § 9-6.104)

Section 1101 is amended by deleting Parts 4 and 5 of subparagraph (b) thereof, and by adding, as Parts 4, 5 and 6 of subparagraph (b) the following:

4. A proposed hearing date before the City Council.

5. Statements advising:

(i) That any person having record title or legal interest in the building may appeal from the notice and order of the Building Inspector to the City Council, and

(ii) That an Answer must be filed at least ten (10) days prior to the date of the hearing specified in the notice and order, in the manner and according to the form specified in Section 1201 of this Code; and that failure to file said Answer will constitute waiver of an administrative hearing and admission of the charges in the notice; and that subsequent to any such failure to answer, the Building Inspector may then appear before the City Council of the City of East Palo Alto and request the issuance of an Order directing the repairs to be made, at the building vacated or demolished, or appropriate litigation, civil or criminal, commenced, whichever is applicable, without further notice to the defaulting party.

6. In addition, in cases involving allegedly untenantable dwellings:

(i) Where the cost of repairs is $1,000.00 or less, that if the ordered repairs are not commenced and completed within the times specified, the Building Inspector will find that the premises are untenantable, as defined in this Chapter, and that the cost of repairs necessary to restore the premises to tenantable conditions is less than $1,000.00; and that thereafter if said findings are made, the Building Inspector will appear before the City Council of the City of East Palo Alto at a regular meeting, to request the City Council to adopt the findings of the Building Inspector and to order the City to cause the necessary repairs to be made, charging the costs thereof, not to exceed $1,000.00 dollars, against the property as a special assessment pursuant to the provisions of Government Code Section 25845; and an additional cost of 15% of the amount of repairs will be levied to cover administrative costs incurred by the City in making repairs, which cost will be added to the charge against the property where the City itself performs the repairs.

(ii) Where the cost of repairs exceeds $1,000.00, or where the Building Inspector has determined that a dwelling or building be vacated or demolished, that if the repair, vacation, or demolition is not commenced and completed within the time specified, the Building Inspector will request on the proposed.

(Prior code § 9-6.105)

Sections 1302 and 1303 are deleted.

(Prior code § 9-6.106)

Section 1304(g)4 is amended to read as follows:

4. Inspection of the Premises. The Building Inspector may inspect any building or premises involved during the course of the hearing, provided that:

(i) Notice of such inspection shall be given to the parties before the inspection is made,

(ii) The parties are given an opportunity to be present during the inspection, and

(iii) The Building Inspector shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party shall have a right to rebut or explain the matters so stated by the Building Inspector.

(Prior code § 9-6.107)

Section 1305 is amended to read as follows:

Section 1305.

(a) Method and Form of Decision. The City Council shall render its decision within ten (10) working days of the hearing on the case. All decisions shall be filed with the Clerk of the City Council. Each proposed decision shall contain a brief summary of the charges made by the Building Inspector, the answer thereto, and the evidence considered, and shall state the City Council's findings, conclusions and recommendations. The proposed decision shall be in such form that may be adopted by the City Council as its decision in the case. All reports filed with the City Council shall be matters of public record. A copy of the proposed decision shall be mailed to each party on the date the same is filed with the City Clerk.

(b) Consideration of Report by Board of Supervisors. The City Council shall consider the Building Inspector's proposed decision at a regular meeting, within thirteen (13) working days from the filing of said decision with the Clerk of the City Council. The parties shall be notified of the date on which the Council shall consider said decision. At said regular meeting, and by leave of the City Council, any of those parties may present oral argument to the Board concerning the Building Inspector's decision.

(c) Disposition by the City Council. The City Council may adopt or reject the proposed decision in its entirety, or may modify the proposed decision, or any portion thereof by formal resolution. If the proposed decision is not adopted, the City Council may modify it on the basis of the record before it, or refer the case back to the Building Inspector for further investigation. If the case is referred back, the Building Inspector shall cause notice to be sent to all paries of the time and place of any further investigation, and of the scope and extent of evidence to be adduced. At the conclusion of any further investigation, a report in the form prescribed by Section 1305(a) shall be made and filed with the City Council and the parties. Consideration of any subsequent report shall be as set forth in this Section.

(d) Form of Decision. The decision of the City Council shall be in writing and shall contain finding of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the City Council's decision shall be delivered to all parties personally, or sent by certified mail, postage prepaid, return receipt requested. The decision of the City Council shall be final.

(Prior code § 9-6.108)

Subparagraphs (a) and (b) of Section 1401 are amended by deleting the words "Housing Advisory and Appeals Board" in each such subparagraph and substituting therefor the words "City Council."

(Prior code § 9-6.109)

Subparagraph (c) of Section 1401 is amended to read as follows:

(c) Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days in the case of substandard dwellings or within 4 days in the case of untenantable dwellings after any final notice and order issued under this Code become effective:

(1) The Building Inspector shall cause, in the case of substandard dwellings, the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading substantially:

DANGER THIS BUILDING IS DEEMED UNSAFE FOR HUMAN OCCUPANCY

IT IS UNLAWFUL FOR ANY PERSON TO OCCUPY OR RESIDE IN THIS BUILDING

CITY OF EAST PALO ALTO DEPARTMENT OF COMMUNITY DEVELOPMENT

___________

Building Inspector

ANY UNAUTHORIZED PERSON REMOVING THIS SIGN WILL BE PROSECUTED

(2) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Building Inspector have been completed and a Certificate of Occupancy has been issued pursuant to the provisions of the Uniform Building Code.

(3) The Building Inspector may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building untenantable as set forth in the notice and order provided said repairs do not exceed $1,000.00 in amount; or, in the case of vacant, unmaintained, and unsecured buildings, may cause the building to be boarded up and otherwise secured; or, if the notice and order require demolition, may cause the building to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided in this Code, including administrative costs. Any surplus realized from the lot shall be paid over to the person or persons lawfully entitled thereto.

(Prior code § 9-6.110)

Section 1502 is amended to read:

Section 1502.

General. The City Council shall provide funds to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or demolition of substandard, or untenantable buildings.

(Prior code § 9-6.111)

Section 1601 is amended by adding thereto the following, as a preface to the section as printed:

The provisions of this section and of Sections 1602, 1603, 1604 and 1605 do not apply to cases involving untenantable dwellings where the cost of repairs or demolition has been found and determined by the City Council after conducting a hearing as provided in Chapter 12 of this Code.

(Prior code § 9-6.112)

Section 1606 is amended by deleting the word "Chapter" stated therein and substituting therefor, the word "Code."

(Prior code § 9-6.113)

Section 1609 is amended to read as follows:

Section 1609.

After confirmation of the report, or the decision of the City Council becoming final, certified copies of the assessment shall be given to the City Assessor and the City Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for county purposes.

(Prior code § 9-6.114)

Section 1610 is deleted.

(Prior code § 9-6.115)