Chapter 17.05 — UNIFORM HOUSING CODE VIOLATIONS

All buildings or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 17.05.1101(b) and (c) of this chapter.

(Ord. 97-6 Div. 2 (part), 1997.)

No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, convened or demolished unless a separate permit for each such building or

structure has first been obtained from the building official in the manner and according to the applicable conditions prescribed in Chapter 1 of the Uniform Building Code.

(Ord. 97-6 Div. 2 (part), 1997.)

All buildings or structures within the scope of this code, and all construction or work for which a permit is required by this chapter, shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Section 108 of the Uniform Building Code.

(Ord. 97-6 Div. 2 (part), 1997.)

The following shall be defined as nuisances:

Any public nuisance known at common law or in equity jurisprudence.

Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations, abandoned refrigerators, motor vehicles, structurally unsound fences or structures, or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

Whatever is dangerous to human life or is detrimental to health, as determined by the health officer of the city.

Overcrowding a room with occupants.

Insufficient ventilation or illumination.

Inadequate or unsanitary sewage or plumbing facilities.

Uncleanliness, as determined by the health officer of the city.

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer of the city.

(Ord. 97-6 Div. 2 (part), 1997.)

All buildings shall be located with respect to property lines and to other buildings on the same property in accordance with Section 504 and Part IV of the Uniform Building Code.

(Ord. 97-6 Div. 2 (part), 1997.)

Every yard shall be not less than 3 feet in width for one-story and two-story buildings. For buildings more than two stores in height the minimum width of the yard shall be increased at the rate of 1 foot for each additional story. Where yards completely surround the building, the required width may be reduced by 1 foot. For buildings exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories.

(Ord. 97-6 Div. 2 (part), 1997.)

Every court shall be not less than 3 feet in width. Courts having windows opening on opposite sides shall be not less than 6 feet in width. Courts bounded on three or more sides by the walls of the building shall be not less than 10 feet in length unless bounded on one end by a public way or yard. For buildings more than two stories in height the court shall be increased 1 foot in width and 2 feet in length for each additional story. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories.

(Ord. 97-6 Div. 2 (part), 1997.)

Habitable space shall have a ceiling height of not less than 7 feet 6 inches, except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than 7 feet measured to the lowest projection from ceiling. Where exposed beam ceiling members are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at 48 inches or more on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the member is not less than 7 feet above the floor.

If any more in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one- half of the area thereof. No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.

If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds of the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet.

(Ord. 97-6 Div. 2 (part), 1997.)

Required exterior openings for natural light and ventilation shall open directly onto a street or public alley, or a yard or court located on the same lot as the building.

Exception: Required windows may open into a roofed porch where the porch:

Abuts a street, yard, or court; and

Has a ceiling height of not less than 7 feet; and

Has the longer side at least 65 percent open and unobstructed.

A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not less than 4 feet in least dimension. No vent shaft shall extend through more than two stories.

For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or 25 square feet, whichever is greater.

(Ord. 97-6 Div. 2 (part), 1997.)

All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one-tenth of the floor area of such rooms with a minimum of 10 square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of operable exterior openings with an area not less than one- twentieth of the floor area of such rooms with a minimum of 1 and one-half square feet.

All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of operable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum of 5 square feet.

(Ord. 97-6 Div. 2 (part), 1997.)

Every dwelling unit and every lodging house shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower.

(Ord. 97-6 Div. 2 (part), 1997.)

Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted.

(Ord. 97-6 Div. 2 (part), 1997.)

A building or structure may be of any type of construction permitted by the Uniform Building Code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Uniform Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Uniform Building Code.

(Ord. 97-6 Div. 2 (part), 1997.)

Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.

(Ord. 97-6 Div. 2 (part), 1997.)

Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 70 degrees Fahrenheit at a point 3 feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Chapter 3 of the Uniform Building Code, the Uniform Mechanical Code, and all other applicable laws. Unvented fuel-burning heaters shall not be permitted. All heating devices or appliances shall be of an approved type.

(Ord. 97-6 Div. 2 (part), 1997.)

All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.

Where there is electric power available within 300 feet of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric light fixture.

(Ord. 97-6 Div. 2 (part), 1997.)

Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by Chapter 10 of the Uniform Building Code.

Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. Such facilities shall be operable from the inside to provide a full clear opening without the use of separate tools.

(Ord. 97-6 Div. 2 (part), 1997.)

Any building or portion thereof which is determined to be an unsafe building in accordance with Section 102 of the Uniform Building Code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists conditions that endanger the life, limb, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby is declared to be a substandard building.

(Ord. 97-6 Div. 2 (part), 1997.)

Inadequate sanitation shall include, but not be limited to, the following:

Lack of, or an improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house.

Lack of, or improper water closets, lavatories, bathtubs or showers per number of guests in a hotel.

Lack of, or an improper kitchen sink in a dwelling unit.

Lack of hot and cold running water to plumbing fixtures in a hotel.

Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.

Lack of adequate heating facilities.

Lack of, or improper operation of, required ventilating equipment.

Lack of minimum amounts of natural light and ventilation required by this code.

Room and space dimensions less than required by this code.

Lack of required electrical lighting.

Dampness of habitable rooms.

Infestation of insects, vermin or rodents, as determined by the health officer of the city.

General dilapidation or improper maintenance.

Lack of connection to a required sewage disposal system.

Lack of adequate garbage and rubbish storage and removal facilities, as determined by the health officer of the city.

(Ord. 97-6 Div. 2 (part), 1997.)

Structural hazards shall include, but not be limited to, the following:

Deteriorated or inadequate foundations.

Defective or deteriorated flooring or floor supports.

Flooring or floor supports of insufficient size to carry imposed loads with safety.

Members of wall, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.

Members of ceiling, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration.

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

(Ord. 97-6 Div. 2 (part), 1997.)

Any nuisance as defined in Section 17.05.401(a) of this chapter.

(Ord. 97-6 Div. 2 (part), 1997.)

Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the fire chief of the city, or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(Ord. 97-6 Div. 2 (part), 1997.)

All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which are not designed or intended to be used for such occupancies.

(Ord. 97-6 Div. 2 (part), 1997.)

The building official shall issue a notice and order directed to the record owner of the building whenever correction of substandard conditions in a building is deemed necessary by the building official. The notice and order shall contain:

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

A statement that the building official has found the building to be substandard, with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 17.05.202(a) of this code.

A statement of the action required to be taken, as determined by the building official.

(i)

If the building official has determined that the building or structure must be repaired,the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances.

(ii)

If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order, as determined by the building official to be reasonable.

(iii)

If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable.

Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official

(i)

will order the building vacated and posted to prevent further occupancy until the work is completed, and

(ii)

may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

Statements advising:

(i)

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 to the Housing Advisory and Appeals Board, provided the appeal is made in writing as provided in this code, and filed with the building official within 30 days from the date of service of such notice and order; and

(ii)

that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(Ord. 97-6 Div. 2 (part), 1997.)

The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property. One copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served, or relieve any such person from any duty or obligation imposed by the provisions of this section.

(Ord. 97-6 Div. 2 (part), 1997.)

The following standards shall be followed by the building official (and by the Housing Advisory and Appeals Board if an appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure:

Any building declared a substandard building under this chapter shall either be repaired in accordance with the current Uniform Building Code or shall be demolished, at the option of the building owner.

Any building or structure in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, shall be ordered to be vacated.

(Ord. 97-6 Div. 2 (part), 1997.)

Every notice to vacate shall, in addition to being served as provided in Section 17.05.1101(c), be posted at or upon each exit of the building, and shall be in substantially the following form:

DANGEROUS BUILDING CODE VIOLATION

DO NOT ENTER - UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of El Cerrito

(Ord. 97-6 Div. 2 (part), 1997.)

Whenever a notice is posted pursuant to Section 17.05.1104(a), the building official shall include a notification thereof in the notice and order issued under Subsection (b) of Section 17.05.1101, reciting the emergency and specifying the conditions which necessitated the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code. Any person violating this subsection shall be guilty of a misdemeanor.

(Ord. 97-6 Div. 2 (part), 1997.)