El Monte Municipal Code Ch. 8.56 Uniform Housing Code

The City Council adopts by reference, the Uniform Housing Code, 1997 Edition, copyright 1997 by the International Conference of Building Officials, and said Uniform Housing Code is adopted in total as the law of the city except as provided by this chapter. One copy of the code has been and now is filed in the office of the City Clerk, and the code is adopted by reference as if incorporated and set out at length in this chapter.

(Ord. 2556 § 1 (part), 2002)

Use of this chapter shall be at the sole discretion of the city. This chapter may be used as a supplement to other chapters of this code or this chapter may be used in conjunction with other chapters of this code.

(Ord. 2556 § 1 (part), 2002)

The words used in each of the codes herein adopted by reference shall have the meaning ascribed to them within each respective code, and in addition thereto the following words shall be understood and defined to have the meanings set forth in the following sub-sections:

A. Whenever the term "municipality," "City," or "city of El Monte" is used, it shall mean the city of El Monte or the appropriate agency of said city as the context may reasonably require.

B. Whenever the term "Legislative Body" or "City Council" is used, it shall mean the City Council of the city of El Monte, California.

C. Whenever the term "Building Official" is used, it shall mean the Chief Building Official and Code Enforcement Supervisor of the city of El Monte or their designee.

D. Whenever the term "Department" is used, it shall refer to the Building Division and Code Enforcement Division of the Community Development Department within city of El Monte.

E. Hearing Officer shall be a neutral party as designated by the Community Development Director.

(Ord. 2600 § 1 (part), 2004; Ord. 2556 § 1 (part), 2002)

Sections 203, 1201.2, 1301.1, 1301.3, 1301.6, 1303.2 1305.1, 1305.2, 1305.3, 1305.4, 1305.5, 1305.6, 1305.7, 1502, 1612 of the Uniform Housing Code as adopted by Section 8.56.010 are deleted and therefrom repealed.

(Ord. 2556 § 1 (part), 2002)

The Uniform Housing Code, as adopted by Section 8.56.010, is amended as follows:

Section 110 1.2 (5). Statements advising (i) that any person having any record or title or legal interest in the building may appeal from the notice and order or any action of the building official to a hearing officer, provided that 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 rights to an administrative hearing and determination of the matter.

Section 1201.1 (1). A heading in the words: "Before the Hearing Officer of the City of El Monte".

Section 1201.3 Scheduling and Noticing Appeal for Hearing.

As soon as practicable after receiving the written appeal, the hearing officer shall fix a date, time and place for the hearing. Such date shall not be less than ten (10) days or more than sixty (60) days from the date appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

Section 1301.2. Record.

A record of the entire proceeding shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the hearing officer.

Section 1301.4. Continuances.

The hearing officer may grant a continuance for good cause shown, but in no event shall the hearing officer extend the hearing more than thirty (30) days.

Section 1301.5. Oaths-Certification.

In any proceedings under this chapter, the hearing officer has the power to administer oaths and affirmations and to certify his/her official acts.

Section 1303.1. Filing of Affidavit.

The hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at the hearing upon the request of the hearing officer upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefore that states the name and address of the proposed witness, specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved, and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular manner.

Section 1304.7.1. What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the court of this state or of official of the departments and ordinances of the city rules.

Section 1304.7.3. Opportunity to refute.

Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing officer.

Section 1304.7.4. Inspection of premises.

The hearing officer may inspect any building or premises involved in the appeal 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 hearing officer shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party shall then have the right to rebut or explain the matters so stated by the hearing officer.

Section 1401.1. General.

After any order of the building official or hearing officer made pursuant to this code becomes final, no person to whom such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

Section 1401.2. Failure to Obey Order.

If, after any order of the building official or hearing officer made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (i) cause each person to be prosecuted under Section 1401.1 or (ii) institute any appropriate action to abate such building as a public nuisance.

Section 1501.2. Costs.

The costs of such work may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.

(Ord. 2556 § 1 (part), 2002)

The Uniform Housing Code, as adopted by Section 8.56.010, is amended by the following addition:

Section 1201.4. Additional Information.

If the building official submits an additional written report concerning the notice and order to the hearing officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

Section 1201.5. Prima Facie Evidence.

The notice, order, and any report submitted by the building official shall constitute prima facie evidence of the respective facts contained in those documents.

Section 1305.1. Written Decision.

After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the order of the building official and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested.

(Ord. 2556 § 1 (part), 2002)