Chapter 150 — BUILDING REGULATIONS

Vacant and/or Boarded Buildings

• 150.095 Findings and purpose

• 150.096 Definitions

• 150.097 Owner responsibilities

150.098 Monitoring program; purpose and operation

• 150.099 Civil remedy

• 150.100 Appeal

Construction Regulations for the Conversion of Buildings to Live/Work Occupancies 150.105 Purpose and scope

• 150.106 Building permit; certificate of occupancy

150.107 Change of occupancy

150.108 Mixed occupancy buildings

150.109 Occupancy separations

150.110 Hazardous materials and operations

150.111 Occupant load

• 150.112 Exiting and emergency egress

150.113 Stairways

150.114 Accessibility for persons with disabilities

150.115 Light and ventilation

150.116 Smoke detectors and fire protection systems

• 150.117 Uniform and concentrated loads

150.118 Mezzanine construction

150.119 Sound transmission control

150.120 Energy conservation

150.121 Plumbing, mechanical and electrical requirements 150.122 Unreinforced masonry buildings (URM) Unsafe Structures; Abatement of Nuisances 150.140 Purpose 150.141 Findings 150.142 Definitions 150.143 Application 150.144 Code requirements 150.145 Responsibility for proper property maintenance 150.146 Inspections; right of entry 150.147 Authority to issue notice to appear and release citations; arrest 150.148 Abatement, repair and demolition fund

150.149 Recovery of attorneys’ fees in nuisance abatement actions 150.150 Civil actions; private parties 150.151 Violations

150.152 Immediately dangerous condition; summary abatement authorized 150.153 Immediately dangerous condition; definition 150.154 Immediately dangerous condition; summary abatement procedure 150.155 Immediately dangerous condition; abatement cost recovery 150.156 Immediately dangerous building; summary abatement authorized 150.157 Immediately dangerous building; definition

150.158 Immediately dangerous building; summary abatement procedure 150.159 Immediately dangerous building; abatement cost recovery 150.160 Substandard buildings and public nuisances; abatement authorized 150.161 Substandard buildings and public nuisances; general definitions 150.162 Substandard buildings and conditions specified 150.163 Public nuisances specified 150.164 Substandard buildings and public nuisances; hearing notice 150.165 Substandard buildings and public nuisances; service and method of service of hearing notice 150.166 Substandard buildings and public nuisances; filing of hearing notice 150.167 Substandard buildings and public nuisances; abatement standards 150.168 Substandard buildings and public nuisances; hearings; generally 150.169 Substandard buildings and public nuisances; conduct of hearing 150.170 Substandard buildings and public nuisances; inspection of property 150.171 Substandard buildings and public nuisances; form and contents of decision; decision final 150.172 Substandard buildings and public nuisances; service of the final decision and order 150.173 Substandard buildings and public nuisances; compliance with decision and order 150.174 Substandard buildings and public nuisances; extension of time 150.175 Substandard buildings and public nuisances; interference with work prohibited 150.176 Substandard buildings and public nuisances; performance of work 150.177 Substandard buildings and public nuisances; liability for costs of abatement 150.178 Substandard buildings and public nuisances; sale of materials 150.179 Cost recovery; account of expenses; filing of report; contents 150.180 Cost recovery; service of the report and notice of hearing 150.181 Cost recovery; making of protests or objections 150.182 Cost recovery; nature of protests to be heard 150.183 Cost recovery; hearing of protests and confirmation, rejection or modification of report 150.184 Cost recovery; order of abatement hearing officer 150.185 Cost recovery; final decision and order; service 150.186 Cost recovery; personal obligation 150.187 Cost recovery; lien against the property 150.188 Cost recovery; special assessment as alternative 150.189 Cost recovery; effect of failure to receive notice 150.190 Treble costs of abatement Construction Site Erosion Control 150.200 Purpose and intent 150.201 Definitions 150.202 Applicability 150.203 Responsibility for administration 150.204 Severability 150.205 Regulatory consistency 150.206 Ultimate responsibility of discharger 150.207 Clearing, grading, excavating, filling 150.208 Exemptions 150.209 Submission of erosion control permit 150.210 Erosion/sediment control devices 150.211 Wet season work 150.212 Violations 150.213 Authority to inspect 150.214 Notice of violation

sibility for administration 150.204 Severability 150.205 Regulatory consistency 150.206 Ultimate responsibility of discharger 150.207 Clearing, grading, excavating, filling 150.208 Exemptions 150.209 Submission of erosion control permit 150.210 Erosion/sediment control devices 150.211 Wet season work 150.212 Violations 150.213 Authority to inspect 150.214 Notice of violation

150.215 Appeal 150.216 Abatement by city 150.217 Charging costs of abatements/liens 150.218 Acts potentially resulting in a violation of the Clean Water Act and/or California Porter-Cologne Act Operation of Hotels and Motels 150.300 Purpose 150.301 Findings 150.302 Applicability 150.303 Severability 150.304 Definitions 150.305 Lodging permit to operate 150.306 Classification of hotels by CFS room ratio 150.307 Lodging permit; grounds for denial 150.308 Appeal process 150.309 Lodging permit; revocation 150.310 Requirements 150.311 Maintenance and housekeeping 150.312 Enforcement Expedited Permit Processing for Electrical Vehicle Charging Stations 150.401 Authority 150.402 Definitions 150.403 Expedited permit processing 150.404 Permit application processing 150.405 Electronic submittal of permit applications

150.999 Penalty

GENERAL PROVISIONS

(A) Created. A Commission of Housing Authority for the city to supervise, direct, control, and do all lawful things under the laws of the state for the erection, maintenance, and destruction of temporary houses to relieve housing shortages in the city is hereby created to be known as the Housing Authority. The members of the Housing Authority shall be appointed by the Mayor and approved by the Council.

('63 Code, § 9-4.01)

(B) Membership terms; organization. The members of the Housing Authority shall be five in number, the first appointments to be as follows: one member shall serve for one year, one member shall serve for two years, one member shall serve for three years, and two members shall serve for four years. Their successors, except those filling unexpired terms, shall be appointed for a term of four years. If a vacancy shall occur otherwise than by the expiration of term, it shall be filled for the unexpired portion of the term. The Mayor shall name the chairperson of the organization upon appointment of the Housing Authority. The Housing Authority shall organize itself in accordance with federal and state laws providing for its existence and prescribing its authority and duties. ('63 Code, § 9-4.02)

(C) Powers and duties. The Housing Authority shall have all the powers granted it by the state and as provided by the laws of the United States and shall do and perform each and every act prescribed by such laws. ('63 Code, § 9-4.03)

(Ord. 2351, passed - - ; Am. Ord. 2428, passed 5-18-48)

(A) Numbering system. All lots and houses in the city shall be numbered. The Building Inspector shall project the numbers from two base lines. The north and south base line shall be First Street, and the east and west base line shall be A Street.

(1) Streets intersecting First Street. All streets intersecting First Street shall be numbered as follows:

Commencing at the south line of First Street at the point of intersection with No. 100 on the west side thereof and 101 on the east side thereof, and numbering thence south, allowing 100 numbers to each block, odd numbers to be on the east side and even numbers on the west side thereof, numbering one number for each 12 lineal feet, using numbers from 100 through 199 in the first block, numbers 200 through 299 in the second block, and so on consecutively from said base line south to the boundaries of the city. Streets shall be numbered from the north line of First Street to the water front, commencing with 99 on the east side thereof and 98 on the west side thereof and decreasing toward Humboldt Bay, allowing 12 lineal feet for each number.

(2) Streets intersecting A Street. All streets intersecting A Street shall be numbered as follows:

Commencing at the east line of A Street, at the point of intersection with No. 1 on the north side thereof and No. 2 on the south side thereof, and numbering thence east, allowing 100 numbers to each block, odd numbers to be on the north side and even numbers on the south side thereof, numbering one number for each 12 lineal feet, using numbers from 1 through 99 in the first block, numbers 100 through 199 in the second block, and so on consecutively from said base line east to the boundaries of the city. Streets shall be numbered on the west side of A Street, running west to the boundary line of the city in the same manner as on the east side thereof, using even numbers on the north side and odd numbers on the south side, all numbers on streets east of A Street to be designated, for example, as No. 41 Grant Street, and all numbers on streets west of A Street to be designated, for example, as No. 41 W. Grant Street.

(3) Other streets. All other streets shall be numbered in the manner designated on the official map of numbers, and on all such streets east of A Street, the even numbers shall be on the west and south sides thereof, and the odd numbers shall be on the north and east sides thereof, allowing 12 lineal feet for each number.

(‘63 Code, § 9-5.01)

(B) Size of numbers. For other than one- and two-family dwellings and individual mobile homes, address numbers shall be a minimum of six inches in height and minimum 3/8 inch stroke width, and for one- and two-family dwellings in accordance with California Residential Code Section R319.1. Where buildings are set back from the street, larger numbers may be required. (‘63 Code, § 9-5.02)

(C) Failure to comply with provisions. Any owner or occupant of any lot refusing to place the number of the lot over the main entrance of any building erected thereon, after any owner or occupant has been informed of such number by the Building Inspector, shall be guilty of a misdemeanor. (‘63 Code, § 9-5.03)

(Ord. 220, passed - - ; Am. Ord. 2336, passed - - ; Am. Ord. 2449, passed 12-7-48; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1-17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22) Penalty, see § 150.999

ADOPTION OF CODES

An ordinance of the City adopting by reference the 2025 editions of the California Building Standards Code and related model codes with appendices as specified, providing minimum standards for the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, location, design, quality of materials, operation, installation, replacement, and maintenance of all buildings, and/or structures; heating, ventilation, cooling, refrigeration systems; electrical systems; plumbing and drainage systems; signs and solar energy systems in the city; providing for the issuance of permits and collection of fees therefor, providing penalties for the violation thereof, as amended, deleted and/or added to by the provisions of this chapter.

(‘63 Code, § 9-1.101) (Ord. 347-C.S., passed 11-5-81; Am. Ord. 411-C.S., passed 8-21-84; Am. Ord. 479-C.S., passed 11-3-88; Am. Ord. 511-C.S., passed 5-3-90; Am. Ord. 549-C.S., passed 9-3-92; Am. Ord. 560-C.S., passed 10-7-93; Am. Ord. 603-C.S., passed 1-16-96; Am. Ord. 605-C.S., passed 3-5-96; Am. Ord. 617-C.S., passed 6-3-97; Am. Ord. 630-C.S., passed 6-15-99; Am. Ord. 640-C.S., passed 3-6-01; Am. Ord. 662-C.S., passed 10-15-02; Am. Ord. 685-C.S., passed 2-2-05; Am. Ord. 699-C.S., passed 8-16-05; Am. Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852C.S., passed 1-17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

(A) Except as provided in this chapter, those certain building codes known and designated as the California Building Code, 2025 Edition, (Part 2 of Title 24) Volumes 1 and 2, including Chapter 1 Division II Administration and Appendix I Patio Covers, and Appendix Q Disaster Housing, based on the 2024 International Building Code as published by the International Code Council, shall become the building codes of the City of Eureka for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the city, except those classified one and two family dwellings or townhouses and structures accessory thereto. The California Building Code and its appendices shall be on file for public examination in the office of the Building Official.

(B) Amendments to the California Building Code. The California Building Code is hereby amended as follows: Section 502.1 is hereby amended to read as follows:

§ 502.1 Address identification. For other than one and two family dwellings, new and existing buildings shall be provided with approved address numbers or letters. Each character shall be a minimum 6 inches (152.4 mm) high and a minimum of 0.5 inches (12.7 mm) wide. They shall be installed on a contrasting background and be plainly visible from the street or road fronting the property. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. In multi-tenant buildings, individual tenant spaces shall be identified with characters a minimum of 2 inches in height located on the entry door or on the wall at the strike side of the entry door.

Exception: Existing legible identification.

Section 1208.4 is hereby amended to read as follows:

• § 1208.4 Efficiency Dwelling Units.

1. The unit shall have a total floor area of not less than 150 square feet as allowed by HSC Sec. 17958.1. An additional 100 square feet of floor area shall be provided for each occupant of such unit in excess of two.

2. The unit must have a separate closet.

3. The unit must have a kitchen including at least the following: a sink, food preparation counter, and storage cabinets.

4. The unit must have a separate bathroom containing at least the following: a water closet and bathtub or shower. Section 1808.1.4 is hereby added to Chapter 18 to read as follows:

§ 1808.1.4 Minimum floor elevation and site grading requirements. The ground floor level of all buildings, building enlargements, or extensions of structures shall be at a minimum elevation of twelve and one-half feet (12.50') based on City of Eureka Datum. In addition, the site shall be graded to drain to the adjacent design finish grade of streets or alleyways. EXCEPTIONS:

1. The provisions of this section shall not apply to general areas protected by dikes, if approved by the Director of Public Works or to areas where the existing ground elevation exceeds twelve and one-half feet (12.50') based upon city datum. This section shall not be construed to be applicable to dikes for individual properties.

2. In areas where a setback from property lines is not required and is not proposed, the ground floor level of all buildings, building enlargements or extensions of structures may be reduced upon documentation that flooding to the building and adjacent property as a result of the development will not occur as prepared by a Registered Civil Engineer and approved by the Director of Public Works. In no event, however, will the ground floor level be less than an elevation of eleven feet (11.00') based upon city datum.

3. Exceptions may be granted upon documentation of adequate measures to preclude flooding to the subject property and adjacent properties. Documentation shall be provided by a Registered Civil Engineer and approved by the Director of Public Works.

(Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 906-C.S., passed 10-20-20; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 945-C.S., passed 4-4-23; Am. Ord. 969-C.S., passed 1-6-26)

(A) Except as provided in this chapter, those certain building codes known and designated as the California Residential Code, 2025 Edition, (Part 2.5 of Title 24), including Appendix BB Tiny Houses, Appendix BF Patio Covers, Appendix BL Hemp-Lime

Construction, and Appendix CJ Emergency Housing based on the 2024 International Residential Code as published by the International Code Council, shall become the building codes of the City of Eureka for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all one and two family dwellings or townhouses and structures accessory thereto in the city. The California Residential Code and its appendices shall be on file for public examination in the office of the Building Official.

• (B) Amendments to the California Residential Code. The California Residential Code is hereby amended as follows: Subsection R401.2.1 is hereby added to Chapter 4 to read as follows:

§ R401.2.1 Minimum Floor Elevation and Site Grading Requirements. The ground floor level of all buildings, building enlargements, or extensions of structures shall be at a minimum elevation of twelve and one-half feet (12.50') based on City of Eureka Datum. In addition, the site shall be graded to drain to the adjacent design finish grade of streets or alleyways. EXCEPTIONS:

1. The provisions of this section shall not apply to general areas protected by dikes, if approved by the Director of Public Works or to areas where the existing ground elevation exceeds twelve and one-half feet (12.50') based upon city datum. This section shall not be construed to be applicable to dikes for individual properties.

2. In areas where a setback from property lines is not required and is not proposed, the ground floor level of all buildings, building enlargements or extensions of structures may be reduced upon documentation that flooding to the building and adjacent property as a result of the development will not occur as prepared by a Registered Civil Engineer and approved by the Director of Public Works. In no event, however, will the ground floor level be less than an elevation of eleven feet (11.00') based upon city datum.

3. Exceptions may be granted upon documentation of adequate measures to preclude flooding to the subject property and adjacent properties. Documentation shall be provided by a Registered Civil Engineer and approved by the Director of Public Works.

(Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1-17-17; Am. Ord. 890-C.S., passed 123-19; Am. Ord. 906-C.S., passed 10-20-20; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

Except as provided in this chapter, the California Electrical Code, 2025 Edition, (Part 3 of Title 24) based on the 2023 National Electrical Code as published by the National Fire Protection Association (NFPA), shall be and become the Electrical Code of the City of Eureka, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the city. The California Electrical Code shall be on file for public examination in the office of the Building Official.

(Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

Except as provided in this chapter, the California Mechanical Code, 2025 Edition, (Part 4 Title 24) based on the 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the Mechanical Code of the City of Eureka, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. The California Mechanical Code shall be on file for public examination in the office of the Building Official.

(Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

Except as provided in this chapter, the California Plumbing Code, 2025 Edition, (Part 5 of Title 24) based on the 2024 Uniform Plumbing Code as published by IAPMO, shall be and become the Plumbing Code of the City of Eureka, regulating erection,

installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the city. The California Plumbing Code shall be on file for public examination in the office of the Building Official.

(Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

Except as provided in this chapter, the California Energy Code, (Part 6 of Title 24) 2025 Edition, is hereby adopted to provide regulations for energy efficiency in all structures within the City of Eureka, including additions and alterations thereto. The California Energy Code shall be on file for public examination in the office of the Building Official.

(Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1-17-17; Am. Ord. 890-C.S., passed 123-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

Except as provided in this chapter, the California Historical Building Code, (Part 8 of Title 24) 2025 Edition, contained in California Building Code Volume 2, is hereby adopted to provide regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings for properties within the City of Eureka. The California Historical Building Code shall be on file for public examination in the office of the Building Official. (Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

(A) Except as provided in this chapter, the California Fire Code, 2025 Edition, (Part 9 of Title 24) based on the 2024 International Fire Code as published by the International Code Council, shall be and become the Fire Code of the City of Eureka, to establish the minimum requirements consistent with nationally recognized good practices to safeguard the public health, safety and general welfare from the hazards of fire, explosion or dangerous conditions in the new and existing buildings, structures, and premises, and to provide safety and assistance to fire fighters and emergency responders during emergency operations. The California Fire Code shall be on file for public examination in the office of the Fire Marshal.

(B) Amendments to the California Fire Code. Amendments to the 2025 California Fire Code are found and listed in § 92.02. (Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

Except as provided in this chapter, the 2025 California Existing Building Code (Part 10 of Title 24) based on the 2024 International Existing Building Code as published by the International Code Council, shall become the Existing Building Code of the City of Eureka. Regulations for the seismic retrofit of existing buildings in the city shall be as found in Appendix A of the Existing Building Code. The California Existing Building Code shall be on file for public examination in the office of the Building Official.

(Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

Except as provided in this chapter, the California Green Building Standards Code (CALGreen), (Part 11 of Title 24) 2025 Edition, is hereby adopted to provide regulations for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings in the City of Eureka. The California Green Building Standards Code shall be on file for public examination in the office of the Building Official.

(Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1-17-17; Am. Ord. 890-C.S., passed 123-19; Am. Ord. 940-C.S., passed 12-6-22; Am. Ord. 969-C.S., passed 1-6-26)

The Uniform Housing Code of the International Conference of Building Officials, 1997 edition, is hereby adopted by reference, with the exception of any provisions of that Code that conflict with or are less stringent than any section or sections of the Eureka Municipal Code.

(Ord. 736-C.S., passed 2-3-09; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1-1717; Am. Ord. 890-C.S., passed 12-3-19)

Permit fees are adopted by resolution.

(Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19)

(A) A Board of Appeals shall be established consisting of five members, three of whom shall be qualified by experience and training in matters pertaining to building construction and two of whom that need not be qualified in matters pertaining to building construction. The members of the Board of Appeals shall be appointed by the Mayor with the approval of the Council. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official, and may recommend to the Council such new legislation as is consistent therewith. The Building Official, or designee, shall be the Executive Secretary of the Board of Appeals, except when matters pertaining to an appeal from the provisions of the California Fire Code are being considered, the Fire Chief of the Humboldt Bay Fire Joint Powers Authority, or designee, shall serve as the Executive Secretary of the Board.

(B) Any person shall have the right to appeal an action (notice, order, decision) of the Building or Fire Official to the Board. An application for appeal of an action of the Building or Fire Official shall be based on a claim that the intent of this chapter or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better method of construction is proposed. Appeals shall be filed with the Building Official within 30 days of the action being appealed. Upon receiving an appeal, the Building Official shall set a date, place, and time for a hearing on the appeal. This date shall be not less than ten days and not more than 60 days from the date the appeal was filed. The Building Official shall provide written notice of the time and place of the hearing at least ten days prior to the hearing to each appellant either by personal delivery, mail, or email. The Board shall recommend that an appeal or proposal be granted, modified, or denied within 30 days following the conclusion of the hearing.

(C) Limitations of authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the Board be empowered to waive requirements of this Code.

(D) The Board of Appeals shall review triennially the various construction codes listed in this chapter and the California Fire Code listed in Chapter 92 of the Eureka Municipal Code together with the later editions and revisions of these codes as they become available and shall recommend to the City Council the adoption of such editions or amendments as the Board deems necessary.

(Ord. 719-C.S., passed 1-15-08; Am. Ord. 761, passed 1-4-11; Am. Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1- 17-17; Am. Ord. 890-C.S., passed 12-3-19; Am. Ord. 946-C.S., passed 6-6-23)

Publications, handouts, applications, notices, or other documents provided by the city referencing previous editions of codes adopted by the city shall be deemed to refer to the pertinent section(s) of current editions of the adopted code. (Ord. 801-C.S., passed 12-3-13; Am. Ord. 852-C.S., passed 1-17-17; Am. Ord. 890-C.S., passed 12-3-19)

EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS

(A) The purpose of this subchapter is to promote public safety and welfare by reducing the risk of death and injury resulting from the effects of earthquakes on unreinforced masonry buildings constructed prior to the adoption and enforcement of Building Codes requiring earthquake resistant design. Such buildings are widely recognized for sustaining life-hazardous damage, including partial or complete collapse during moderate to strong earthquakes.

(B) The provisions of this subchapter are intended as minimum standards for structural seismic resistance established primarily to reduce the risk of injury and loss of life. Compliance with these standards will not necessarily entirely prevent injury or loss of life or prevent earthquake damage to rehabilitated buildings. This subchapter does not require alteration of existing electrical, plumbing, mechanical or fire safety systems unless they constitute a hazard to life or property.

(C) This subchapter provides systematic procedures and standards for identification and classification of hazards in unreinforced masonry buildings based on their present use and condition. Priorities, time periods and standards are also established under which these buildings are required to be structurally analyzed and strengthened or demolished. ('63 Code, § 9-7.101) (Ord. 504-C.S., passed 11-21-89)

(A) The provisions of this subchapter shall apply to all buildings constructed or under construction prior to the adoption and enforcement of earthquake resistant code requirements, or for which a building permit was issued prior to January 1, 1940, which have unreinforced masonry walls, foundations, piers or other structural elements.

(B) This section shall not apply to any solely residential building containing five or fewer dwelling units; to structures used solely as warehouses or similar purposes not for human habitation; or to buildings owned by the state or federal governments. (C) Structures which come within the scope of this subchapter, not identified and included in the original survey report made as a part of SB547 implementation, shall comply with the requirements of this subchapter. For these buildings, applicable time limits in accordance with § 150.070 of this subchapter shall begin on the date of notification of the owner, by the Building Official. ('63 Code, § 9-7.102) (Ord. 504-C.S., passed 11-21-89)

For the purpose of this subchapter certain terms, phrases, words and their derivatives shall be construed as specified in this section. Words used in the singular include the plural, and vice versa. For terms, and the like not defined herein, they shall have their ordinary accepted meanings within the context used in accordance with applicable sections of this chapter.

COMPLETE/COMPLETION. Successful accomplishment and approval by the Building Official.

ESSENTIAL BUILDING. Any building housing a hospital or other medical facility having surgical or medical treatment areas, fire or police stations, municipal government public safety or disaster operations or communications centers.

HIGH HAZARD BUILDING. Refer to § 150.068.

LOW HAZARD BUILDING. Refer to § 150.068.

MEDIUM HAZARD. Refer to § 150.068.

OCCUPANT LOAD. The occupant load for the entire structure as determined in accordance with UBC 1002, regardless of degree of actual use.

OWNER. Any person, agent, firm, corporation or other entity having legal or equitable interest in the property, as listed in the records of the Humboldt County Tax Assessor on the date of adoption of this chapter.

UBC. The Uniform Building Code (ICBO), as adopted in this code.

UCBC. The Uniform Code for Building Conservation (ICBO publication #231S00), as adopted herein. UNREINFORCED MASONRY. A masonry element which lacks steel reinforcement. ('63 Code, § 9-7.103) (Ord. 608-C.S., passed 6-18-96)

(A) General. The seismic hazard classifications in this section are hereby established. Each building within the scope of this subchapter shall be placed in one such classification by the Building Official.

('63 Code, § 9-7.104.1)

(B) High hazard building. Any unreinforced masonry building having one or more of the following conditions present:

• (1) An occupant load of 300 or more.

(2) A foundation, all or part, of unreinforced masonry, including footings, piers, stemwalls, and the like, which places any part of the mudsill (or equivalent) of the building 12 inches or more above interior or exterior grade at any point. All measurements shall be vertical.

(3) Wall(s) constructed of unreinforced masonry and 15 feet or more in height, all or part, measured vertically from the bottom surface of the wall base (equivalent to sole plate) to the top surface of the wall (equivalent to top plate).

(4) Parapet wall(s) constructed of unreinforced masonry; and 24 inches or more in height, all or part, measured vertically from the uppermost part of the parapet to the top surface of the contiguous subroof deck; or in deteriorated and/or unstable condition, regardless of wall height, as determined by the Building Official.

(5) More than one story in height as determined in accordance with UBC Section 220.25, including buildings otherwise classified as Low Hazard or Medium Hazard Buildings.

(6) In a physical condition, as determined by the Building Official, or by the responsible engineer or architect with the concurrence of the Building Official, to be a hazardous building and dangerous to human life as defined by UBC 102.

(7) An essential building.

('63 Code, § 9-7.104.2)

(C) Medium board building. Any one-story unreinforced masonry building, not classified as a high hazard building, having an occupant load between 100 and 299.

('63 Code, § 9-7.104.3)

(D) Low hazard building. Any one-story unreinforced masonry building, not classified as a high or medium hazard building, having an occupant load of less than 100.

('63 Code, § 9-7.104.4)

(Ord. 504-C.S., passed 11-21-89; Am. Ord. 608-C.S., passed 6-18-96)

(A) Structural analysis of building. Before January 1, 1991, the owner of each building within the scope of this subchapter shall cause to be submitted to the Building Department a structural analysis of the building completed by a civil or structural engineer or architect licensed by the state. Using this structural analysis as the basis for design, the owner shall obtain the required permit(s) and shall cause the building to be structurally altered in accordance with the requirements and time periods of this subchapter. ('63 Code, § 9-7.105.1)

(B) Change in type of occupancy or use of building.

(1) Change in the type of occupancy or use of a building, or portion of a building, within the scope of this subchapter shall conform to the requirements established elsewhere in this code.

(2) If such change causes the structure to come under a different seismic hazard classification, the time limits for compliance for that new classification shall apply, but the date on which the time limits begin shall not change.

(3) If such change causes the structure to come under a seismic hazard classification for which a time limit has already expired, the application for permits for the work of the change shall be denied by the Building Official. If such work is in progress without the benefit of the required permits the Building Official shall complete enforcement action as specified elsewhere in this code.

('63 Code, § 9-7.105.2)

(Ord. 504-C.S., passed 11-21-89; Am. Ord. 651-C.S., passed 2-5-02)

(A) Engineering analysis. Owners of each building within the scope of this subchapter who have not completed an engineering analysis in accordance with § 150.069 of the Eureka Municipal Code shall prepare and submit an engineering analysis to the

Building Department by January 1, 2003.

(B) Construction plans and permits. By January 1, 2004, owners of each building within the scope of this subchapter shall prepare seismic retrofit construction plans in conformance with the provisions of the 1997 Uniform Code for Building Conservation and this subchapter, and obtain a seismic retrofit building permit. Work authorized by the seismic retrofit permit shall be completed and the permit finaled by January 1, 2005.

(C) Progress reports. Building owners shall submit a progress report to the Building Official no later than January 1, 2003 and annually thereafter. The report shall include name and phone number of contact person, name and phone number of architect or engineer of record, proposed project schedule, and description of work completed to date.

(D) Placards. Within 30 days of notification by the Building Official, building owners who have not complied with any of the time limits established in § 150.070 shall post a notice in a conspicuous location at each entrance acceptable to the Building Official. The notice must state the following in clear bold face type with 36 point minimum size letters:

WARNING

This is an unreinforced masonry building.

This building may be unsafe in the

event of a major earthquake.

(E) Time extension. Any person having record title, equitable or legal interest in the subject building may request, before the City Council, an extension of the time limits set forth herein. The City Council may, at its sole discretion, extend the time required for preparation of upgrading design or completion of required upgrading work for any period deemed reasonable provided the following conditions are first met: The circumstances dictating the need for a time extension and a commitment to complete the required work by a specified date shall be provided in writing to the City Council by the owner.

(Ord. 504-C.S., passed 11-21-89; Am. Ord. 564-C.S., passed 1-6-94; Am. Ord. 651-C.S., passed 2-5-02; Am. Ord. 687-C.S., passed 5-3-05)

The building owner or his or her agent shall obtain the required permit(s) prior to commencement of work in accordance with the requirements established elsewhere in the code, whether the building is to be demolished or altered for compliance. ('63 Code, § 9-7.107) (Ord. 504-C.S., passed 11-21-89)

(A) Responsibility. The Building Officials shall be responsible for the administration of this subchapter. Other city departments shall cooperate within the extent of their jurisdiction.

('63 Code, § 9-7.108.1)

(B) Service of order. The Building Official shall issue a notice and order to the owner of each building within the scope of this subchapter within 90 days of the adoption of this subchapter. The notice and order shall be served either personally or by certified or registered mail upon the owner as shown in the records of the Humboldt County Tax Assessor on the date of the adoption of this subchapter. Proof of normal attempts to deliver such mail, successful or not, shall be deemed to meet this service requirement. ('63 Code, § 9-7.108.2)

(C) Contents of order. The notice and order shall be in writing and shall specify that the subject building has been determined by the Building Official to be within the scope of this subchapter; and therefore, is required to comply with the requirements of this subchapter. The notice and order shall specify the seismic hazard classification of the building; the owner's alternatives; the time limits for compliance; and the financial hardship appeals procedure.

('63 Code, § 9-7.108.3)

(D) Relief from order. The owner or his/her agent may obtain relief from the notice and order by submitting to the Building Official proof that the building is not within the scope of this subchapter. The Building Official shall verify such proof based on the use of the building. Where such proof is concerned with the physical structure of the building, the investigative method shall be described in detail, and such proof shall be certified by a civil or structural engineer or architect licensed by the state, shall be

contained on the certifier's company letterhead and shall contain the registry stamp and signature of the certifier. The Building Official shall review such submittals, and may require additional information to substantiate the relief or exemption. Interpretations may be appealed in accordance with § 150.017 of this chapter.

('63 Code, § 9-7.108.4)

(E) Recordation.

(1) At the time that the notice and order is served, the Building Official shall file with the office of the Humboldt County Recorder a certificate stating that the subject building is within the scope of this subchapter, and that the owner thereof has been ordered to have the building structurally analyzed and altered to comply with this subchapter or demolish the building.

(2) If the building is found not to be within the scope of this subchapter, or as a result of structural analysis and alteration is found to comply with this subchapter, or is demolished, the Building Official shall, within 30 days of this determination, file with the Office of the Humboldt County Recorder a certificate terminating the status of the subject building or property as being classified within the scope of this subchapter.

('63 Code, § 9-7.108.5)

(Ord. 504-C.S., passed 11-21-89)

As published by the International Conference of Building Officials, the Uniform Code for Building Conservation, Second Printing, copyright 1987, and subsequent editions of the Uniform Code for Building Conservation, as adopted by the city, including the Appendix and Guidelines sections, hereinafter called UCBC, is hereby adopted for use with this subchapter, as amended:

(A) Amendment 1. UCBC Chapter 6 is hereby deleted. Qualified Historical Buildings within the scope of this subchapter may comply with the State Historical Building Code (SHBC) established under Cal. Admin. Code, Part 8, Title 24. If this option is chosen, the owner shall provide written notice to the Building Official prior to accompanying submittal of permit application. ('63 Code, § 9-7.109) (Ord. 504-C.S., passed 11-21-89; Am. Ord. 564-C.S., passed 1-6-94; Am. Ord. 651-C.S., passed 2-5-02)

(A) General. Every building within the scope of this subchapter shall be analyzed and altered to resist seismic forces in accordance with the requirements of this subchapter.

('63 Code, § 9-7.110.1)

(B) Information required on plans.

(1) General. The owner shall cause to be submitted to the Building Department the necessary number of complete sets of plans and supporting documentation from the work proposed in accordance with requirements of this subchapter. In addition to the required seismic structural analysis, the licensed engineer or architect responsible for the seismic analysis of the building shall determine and record on the submitted plans the information required by this subchapter, and shall include his or her state registry seal (engineers) or number (architects) and signature in accordance with the State Business and Professional Code.

(2) Existing construction. The following information shall be included on or with the submitted plans, for all structural elements related to the seismic retrofit:

(a) An overall description of the subject structure, listing and describing specific conditions which constitute or contribute to structural hazards, problems, questions, and the like, and in each case, details of the necessary repairs and alterations.

(b) The type(s), description, dimensions and condition of the existing foundation of the building, and necessary repairs and alterations.

(c) The type(s), description and dimensions of existing walls, and necessary repairs and alterations.

(d) The size(s), spacing(s) and span(s) of floor and roof members, and necessary repairs and alterations.

(e) The extent, type and condition of existing wall anchorage to floors and roof, and necessary repairs and alterations.

(f) The extent, type and condition of parapet walls and their connection to walls and roof, and necessary repairs and alterations.

(g) Completed accurately dimensioned floor plans showing the use of all affected rooms and spaces.

(h) Masonry wall elevations with dimensioned openings, corbels, piers, wall thickness(es) and height(s).

(i) Extent, type, size, condition and adequacy of headers, lintels, and the like, over openings in masonry bearing walls, and necessary repairs and alterations.

(j) The location and extent of cracks or damaged portions of masonry walls, parapets, and the like, and necessary repairs and alterations.

(k) The condition of mortar joints throughout, whether pointing is required, and the extent of this need.

(l) Where use of existing materials is proposed in the structural design, and established design values acceptable to the Building Official do not exist, in-plate testing of such materials shall be performed by an approved special inspector in accordance with UBC Section 1701. The methodology and results of such tests shall be submitted as part of a special inspection report with the permit application. The Building Official shall approve in advance the number and location of such tests. ('63 Code, § 9-7.110.2)

(Ord. 504-C.S., passed 11-21-89; Am. Ord. 608-C.S., passed 6-18-96)

Council shall review this subchapter on January 1, 2003 and every two years thereafter, to ascertain whether the subchapter is in compliance with current state law, and to verify that the mandates of the chapter are being complied with by the owners of unreinforced masonry buildings subject to this subchapter.

('63 Code, § 9-7.111) (Ord. 564-C.S., passed 1-6-94; Am. Ord. 651-C.S., passed 2-5-02)

(A) Generally. Buildings subject to the requirements of this subchapter, which do not meet the requirements of this subchapter, shall be abated by rehabilitation, repair or demolition in accordance with the provisions of this subchapter.

(B) Rehabilitation. Designated historical structures, when rehabilitated, remodeled, repaired or upgraded, shall comply with the provisions of the State Historical Building Code and the Secretary of the Interior's Standards for the Treatment of Historic Properties.

(C) Demolition. Buildings subject to the requirements of this subchapter, which do not meet the requirements of this subchapter, may be abated by demolition. Prior to obtaining a demolition permit for the demolition of a designated historic structure and/or a structure that qualifies for inclusion on the California Register of Historic Resources, the owner/applicant must comply with all local, state and federal rules, regulations and policies pertaining to the demolition of a historic resource, including, but not limited to: City of Eureka Municipal Code; California Environmental Quality Act; and the California Coastal Act. The owner/applicant may need to demonstrate, to the city's satisfaction, that a structure to be demolished is not a historic resource and/or a structure that qualifies for inclusion on the California Register of Historic Resources.

(D) Substandard buildings, hazardous and dangerous conditions. Substandard buildings, hazardous and dangerous conditions which are not abated within the time limits set forth in EMC § 150.070 shall be considered a public nuisance and a dangerous building and shall be vacated and/or abated in accordance with the provisions of EMC § 150.043. In addition to any other remedy provided herein, the City Council may cause any building not abated within the time limits set forth in EMC § 150.070 to be vacated, strengthened, repaired, rehabilitated, remodeled, demolished or upgraded in accordance with the provisions of this chapter and place a lien on the property for all costs incurred in accordance with the provisions of the EMC §§ 150.046 through 150.049. (Ord. 651-C.S., passed 2-5-02)

(A) Any person having record title, equitable or legal interest in the subject building may appeal any notice, order, decision, determination or action made in the administration of this subchapter to the City Council; provided, that the appeal is made in writing and filed with the Building Official with 60 days from the date of service of the notice, order, decision, determination or action by the Building Officer. However, if the building or structure is in such a condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is properly posted, such appeal shall be filed within ten days from the date of service of the notice and order that the building or structure presents an immediate danger.

(B) The written appeal shall contain the following:

(1) A heading in the words: "To the City Council of the City of Eureka";

• (2) The names of the appellants named in the appeal;

• (3) A brief statement setting forth the legal interest of each of the appellants in the land and/or building involved;

(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellants;

(5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

(6) The submittal of any documents, sworn statements or other written material claimed to have value on the contentions made in support of the appeal;

(7) The signature of all parties named as appellants and their mailing addresses;

(8) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

(C) Upon receipt of an appeal filed pursuant to the above requirements, the Building Official shall present it a regular meeting of the City Council within 60 days from the date of receipt of the appeal or other reasonable time as determined by the Building Official. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. (Ord. 651-C.S., passed 2-5-02)

Any person, firm or corporation who or which violates any provision of this subchapter, or any lawful order thereunder, is guilty of a misdemeanor. Such misdemeanors are punishable as provided by the general law of this state. The city may seek injunctive relief on behalf of the public to enjoin a building owner in violation of this subchapter. (Ord. 651-C.S., passed 2-5-02)

If any section, subsection, sentence, clause, phrase or word of this subchapter is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this subchapter. The City Council hereby declares that it would have passed and adopted this subchapter and each of the provisions thereof irrespective of the fact that any one or more of the provisions be declared invalid and/or unconstitutional. (Ord. 651-C.S., passed 2-5-02)

POST-DISASTER SAFETY ASSESSMENT

This subchapter establishes standard placards and procedures to be used to indicate the condition of a structure for continued occupancy after any natural or manmade disaster. This subchapter further authorizes the Building Department, Engineering Department, and the Department of Public Works, authorized representatives of those departments, and volunteer Registered Disaster Service Workers to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

(Ord. 586-C.S., passed 2-7-95)

The provisions of this subchapter are applicable to all buildings and structures of all occupancies regulated by the city following the declaration of a local emergency by the City Council following any natural or manmade disaster. The City Council may extend the provisions as necessary.

(Ord. 586-C.S., passed 2-7-95)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

REGISTERED DISASTER SERVICE WORKER. A person registered with either the California Building Officials (CALBO) or the State Office of Emergency Services (OES), having completed training in the procedures of ATC-20, “PROCEDURES FOR POST EARTHQUAKE SAFETY EVALUATION OF BUILDINGS,” as developed by the Structural Engineers Association of California (SEAOC).

SAFETY ASSESSMENT. A visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or manmade disaster. (Ord. 586-C.S., passed 2-7-95)

(A) Placards. The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached.

(1) “INSPECTED - Lawful Occupancy Permitted” to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

(2) “RESTRICTED USE - Entry, Occupancy and Lawful Use Restricted as Noted Below” is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy.

(3) “UNSAFE - Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance unless authorized by the Building Official. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note, in general terms, the type of damage encountered.

(4) “AREA UNSAFE - Do Not Enter or Occupy Area Posted” is to be posted at the perimeter of an area where existing particular physical conditions within an immediate area of a building or structure are deemed unsafe by the observations of qualified personnel. “AREA UNSAFE” placards may be supplemented with red, “CAUTION - DO NOT CROSS” flagging placed to cordon off the area of concern.

(5) A “Rapid Evaluation Assessment Form” is to be used for the initial, immediate and rapid evaluation of all required structures within the jurisdiction of the city.

(6) A “Detailed Evaluation Assessment Form” is to be employed when either the complexity of a building or structure, or the inability at the time of the rapid evaluation to fully assess all potential life-safety damage, requires a more thorough evaluation of the building or structure.

(B) Procedure. This ordinance number, the name of the department, the address of the department and the telephone number shall be permanently affixed to each placard.

(Ord. 586-C.S., passed 2-7-95)

Once attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department. (Ord. 586-C.S., passed 2-7-95) Penalty, see § 150.999

(A) It shall be the responsibility of the building or structure owner to submit plans to the Building Department for the repair or rehabilitation of damage caused by a disaster. These plans are to be submitted within 30 days of notification by the department that rehabilitation is required.

(B) Plans submitted for buildings or structures other than single-family residential, shall require the signature and stamp of an engineer registered and licensed to practice in the state.

(C) During the 30-day period following notification, building permits and plan check fees shall be waived for repair or rehabilitation of those buildings or structures stated in the notification. Submittal for permits after the 30-day period shall be subject to all fees applicable at the time.

(Ord. 586-C.S., passed 2-7-95)

(A) All repairs or rehabilitations for which a no fee permit is issued shall be completed within 180 days from the date of the permit was issued.

(B) Failure to comply with the time frame indicated may cause the building or structure to be classified as hazardous and therefore a nuisance, and abated as such.

(Ord. 586-C.S., passed 2-7-95) Penalty, see § 150.999

VACANT AND/OR BOARDED BUILDINGS

The City Council finds as follows: Vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner of the building fails to actively maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings, substandard or unkempt buildings, and long-term vacancies discourage economic development and dampen the appreciation of property values. Vacant buildings are potential fire hazards that can jeopardize the ability of owners of neighboring property to secure or maintain affordable fire insurance. It is the responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare. One vacant building that is not actively maintained and managed can be the cause of spreading blight. Vacant buildings are also a potential source of much needed housing, and the City Council encourages property owners to return vacant buildings to useful purposes whenever possible. It is the purpose and intent of the City Council, through the adoption of this ordinance, to define the responsibilities of owners of, and to establish registration and monitoring programs for, vacant commercial, industrial and residential buildings and properties.

(Ord. 956-C.S., passed 9-3-24)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

VACANT BUILDING. A building, structure, unit, or space intended for lawful occupancy but which is without a lawful resident or occupant or which is not being put to a lawful commercial, residential or industrial use, and which may be unoccupied and unsecured; unlawfully occupied and/or occupied and secured by boarding or other similar means; unoccupied and a dangerous structure; or unoccupied, with city municipal code or nuisance violations extant. (Ord. 956-C.S., passed 9-3-24)

(A) The owner of a vacant building must actively maintain and monitor the building. Active maintenance and monitoring must include:

• (1) Maintenance and appropriate watering and care of landscaping and plant materials;

• (2) Maintenance of the exterior of the building, including but not limited to, paint and finishes, in good condition;

• (3) Regular removal of all trash, debris, and graffiti;

• (4) Maintenance of the building or structure in continuing compliance with applicable codes and regulations.

• (B) No person may allow a building or structure they own or control that is designed for human, industrial, or commercial use or occupancy to stand vacant for more than ninety days unless one of the following applies:

(1) The building is the subject of an active building permit for repair or rehabilitation, or a permit for demolition, and the owner is progressing diligently to complete the repair, rehabilitation, or demolition, as evidenced by commencement and continuation of permitted work and related inspections;

(2) The building is being actively maintained and monitored as required by division (A) above, and is actively, and in good faith, being offered for sale, lease, or rent.

(C) Owners experiencing exceptional, demonstrable, and specific hardships or circumstances may present written evidence of such, in the form of a declaration by the owner of owner's representative, to the Public Works Director or designee. If such circumstances or hardships are convincingly demonstrated, the owner may be granted up to a one-time, six-month stay of enforcement of this subchapter.

(Ord. 956-C.S., passed 9-3-24)

(A) Because of the potential economic and public health, welfare, and safety problems caused by vacant buildings, the city needs to monitor vacant buildings, so that these buildings do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood.

(B) There is a substantial cost to the city for monitoring vacant buildings and that cost should be borne by the owners of the vacant buildings.

(C) The Public Works Director or designee is responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings or structures in the city.

• (D) The purpose of the monitoring program is:

• (1) To promptly identify buildings that become vacant.

• (2) To order vacant buildings that are open and accessible to be secured against unlawful entry.

• (3) To initiate appropriate proceedings against any vacant building owners to prevent buildings from becoming or remaining substandard or a public nuisance.

• (4) To ensure and encourage buildings be used for the highest and best purpose and to promote a flourishing community.

• (E) Notice of vacant building:

(1) Upon discovery of a potential vacant building by a code enforcement officer or receipt of a complaint about a vacant or boarded building from any source, the city may, after inspection, determine that the building or structure should be classified as a vacant building.

(2) If the city determines that a building or portion of a building may be classified as a vacant building under this subchapter, the city will ascertain the identity of, and contact the owner or agent of the owner, and advise the owner in writing that the building or structure is vacant and advise as to which measures must be taken to secure and maintain the vacant building.

(3) If the city determines that a building or structure is vacant it may cause a "Notice of Vacant Building" to be recorded in the chain of the title to the property, which notice will reference the provisions of this subchapter and disclose that administrative penalties and costs may likewise be assessed against the owner and property if the building or structure is allowed to remain in a vacant condition. Upon correction of any unlawful vacancy conditions on the property and satisfaction of any penalties or assessments on the property, the city will record a rescission or cancellation of the Notice of Vacant Building.

(4) If the owner fails to respond within sixty days of the written notice, the vacant building will constitute a nuisance, and the city may, without further notice, and by any lawful means, abate the nuisance.

(5) The owner will be liable for the costs incurred by the city for inspections or to secure the building or structure, including costs incurred to ascertain ownership of the property and obtain title information, prepare notices, and any and all administrative costs together with actual labor or material cost or expense incurred by the city to secure the vacant building and otherwise abate the nuisance. If the owner does not reimburse the city within 60 days of being billed therefore, the city will pursue a lien against the property for all the expenses incurred by the city.

• (F) Vacant building plan and timetable:

• (1) The owner of any vacant building must submit to the city for approval a vacant building plan. The vacant building plan and timetable must include, at a minimum, the following information:

• (a) A description of the premises, including the address thereof;

• (b) The names, addresses, and telephone numbers of all owners with a right of control over the vacant building or structure;

(c) The names and addresses of all known lien holders and other parties with an ownership interest in the vacant building or structure;

• (d) The name, address, and telephone number of the owner's property manager or agent, and stating whether the property manager or agent has the authority to act independently on the owner's behalf to repair or maintain the property;

• (e) The period of time the building is expected to remain vacant;

• (f) If the owner plans on demolishing the building, the date the building is scheduled for demolition, and whether or not all permits have been issued for the demolition;

• (g) If the owner plans on returning the building to a lawful occupancy and use, the estimated date for returning the building

to a lawful occupancy and use, and a list of improvements necessary to return the vacant building to a lawful occupancy and use, and a timeline for obtaining all necessary permits to affect the listed improvements;

• (h) A plan for regular inspection and maintenance of the building during the period of vacancy;

(i) Measures the owner will employ to secure the building to prevent access by trespassers, including, at a minimum, the installation and/or repair and maintenance of adequate windows and doors, as well as at least one of the following:

1. Installation and maintenance of adequate locks for windows and doors.

2. Employment of security officers to the satisfaction of the city.

3. Installation, operation, and monitoring of an electronic security system, which monitors doors and windows by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the City's Police Department.

4. Any other methods as specified by the city.

(j) Measures the owner will employ to monitor and inspect the property on a weekly basis. The weekly monitoring and inspection must be performed by the owner, property manager, or agent of the owner with full authority to maintain and make repairs to the property on a weekly basis.

(k) Measures the owner will take to ensure that the building returns to the market as either livable or commercial space as soon as practicable.

(2) Any and all repairs required to implement the plan and timetable must comply with all applicable City of Eureka ordinances, codes, and regulations. The owner will be required to notify the city in writing of any changes in information supplied within ten days of the change.

(3) In the event that the owner fails to comply with the vacant building plan and timetable, the city will notify the owner or authorized agent in writing of its intent to institute appropriate administrative, civil or other legal action to secure compliance with this subchapter.

(G) Monitoring fee imposed. Any vacant building, as defined in this subchapter will be subject to a quarterly monitoring fee to recover the city's regulatory costs to monitor the status of the vacant building. The monitoring fee will be set by resolution of the City Council. The monitoring fee will be assessed until such time as the building or structure is no longer vacant and will likewise be applicable even when a vacant building plan and timetable are in effect. The monitoring fee will be imposed upon the initial determination that the building is vacant. The fee will thereafter be billed to the owner on a quarterly basis until such time as the building or structure is no longer vacant or boarded.

(H) Code enforcement response fee. In addition to the monthly monitoring fee imposed under this section, the city also establishes a further and separate enforcement response fee for actual costs incurred by the city to respond to or abate substandard or blighted conditions existing in or about the property upon which the vacant building is located. Such costs may include, but not be limited to, personnel costs involved with inspecting or responding to calls for service at the property, personnel costs involved in abating the substandard or blighted conditions existing on the property, costs of any materials or supplies either purchased or supplied by the city in connection with the abatement of any substandard or blighted condition in or about the property, costs of any contracted services, including the costs of materials, supplies, and labor provided by the city's contractor, if any, costs of procuring title or ownership information concerning or related to the property, as well as any other incidental enforcement costs incurred by the city in connection with remedying the substandard or blighted conditions existing on the property. The amount of the code enforcement response fee will be based on actual personnel, materials, and contract costs plus a 10% administrative fee. (Ord. 956-C.S., passed 9-3-24)

(A) Administrative costs and penalties.

(1) Any owner of a vacant building which remains vacant in violation of this subchapter for more than 60 days will be liable for an administrative penalty of $1,000 per month per building.

(2) If an owner remains in violation of this subchapter for more than a year, the monthly administrative penalty imposed upon any owner pursuant to this section will be $5,000 per month per building.

(B) Procedure.

(1) If the property is specially assessed, the assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and will be subject to the same penalties and the same procedure and sale as in the case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.

(2) The city may also cause a notice of nuisance abatement lien to be recorded against the property. The notice must, at a minimum, identify the record owner or possessor of the property and set forth the last known address of the record owner or possessor, the date on which the penalty was imposed, a description of the real property subject to the lien, and the amount of the penalty or costs assessed against the property.

(Ord. 956-C.S., passed 9-3-24)

(A) Any person receiving a Notice of Vacant Building under § 150.098 may appeal the determination of the Public Works Director or designee to the City Manager. A notice of appeal must be received by the City Manager within 30 calendar days from the date of the Notice of Vacant Building. Hearing on the appeal before the City Manager or designee will take place within 15 days from the date of the city's receipt of the notice of appeal. A decision after appeal will be in writing and delivered via first class mail within ten days of the hearing.

(B) An owner aggrieved by the decision of the of the City Manager may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days after the service or mailing of the determination of the City Manager after the hearing described above. The City Clerk will fix the time and place for a public hearing before the City Council and promptly notify the owner in writing at the address indicated on the notice of appeal.

(Ord. 956-C.S., passed 9-3-24)

CONSTRUCTION REGULATIONS FOR THE CONVERSION OF BUILDINGS TO LIVE/WORK OCCUPANCIES

The purpose of this subchapter is to provide alternative standards to the model codes, pursuant to Cal. Health and Safety Code § 17958.11, that will allow for the conversion of buildings or portions thereof to joint living and working quarters (R/B) for artists, artisans and similarly situated individuals, and to assure that the safety of individuals and property are protected by the addition of certain safety features, and restricting the types of work activities performed within the units.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25)

(A) Building permit.

(1) Plans for the conversion of existing buildings to live/work occupancies shall be submitted to the city for review. Each plan shall show, in addition to the work area, a kitchen in each live/work unit with a range or stove, and a kitchen sink with hot and cold running water. A bathroom with a water closet, lavatory and tub or shower shall also be shown.

(2) The Building Official shall review plans for compliance with all currently adopted codes except for those items specifically addressed by this subchapter. Such plans may also be reviewed by other departments within the city for verification of compliance with other codes and laws. If the Building Official finds that the plans comply with adopted codes and other laws and ordinances, and the fees have been paid, the Building Official shall issue a permit therefor to the applicant.

(B) Certificate of occupancy. After a final inspection has been performed and the Building Official has approved the project for occupancy, a certificate of occupancy shall be issued containing the occupant's name, the unit address and/or number and the type

of activity that will take place in the unit. (Ord. 595-C.S., passed 8-15-95)

(A) The conversion of a building or a portion of a building to live/work occupancies shall not be considered a change of use for the purpose of determining allowable height, number of stories or floor area of a building, providing the outer envelope of the building is not enlarged.

(B) The conversion of a building or a portion of a building to live/work occupancies shall be considered a change of use for all other purposes.

(C) The conversion of a building from live/work to other occupancies shall be reviewed by the Building Official prior to such conversion. These types of conversions shall comply with the adopted codes for the types of occupancies desired. (Ord. 595-C.S., passed 8-15-95)

(A) In mixed occupancy buildings that contain live/work occupancies, the area and height limitations shall be determined as for B occupancies from Tables 504.3 and 506.2 of the currently adopted edition of the California Building Code.

(B) A, B-1, E-1, E-2, H, or I occupancies shall not be allowed as a part of a live/work occupancy.

(C) A-3 assembly areas for between 50 and 300 people, shall be allowed in buildings that contain live/work areas, providing the A-3 is separated from the live/work by a two-hour fire-resistive occupancy separation, and the A-3 has direct access to a street or public way, or to a stair enclosure or horizontal exit way, that leads to a street or public way.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 608-C.S., passed 6-18-96; Am. Ord. 964-C.S., passed 8-19-25)

Live/work occupancies shall be separated from other occupancies including B and R, as set forth in the currently adopted edition of the California Building Code Table 508.4 for B or R-1, whichever is more restrictive. Live/work occupancies shall be separated from other live/work occupancies. No occupancy separation shall have less than a one hour fire-resistive rating. An occupancy separation need not be provided within individual live/work units.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 608-C.S., passed 6-18-96; Am. Ord. 964-C.S., passed 8-19-25) Penalty, see § 150.999

(A) If open flame is permitted to be used for art work by the Fire Marshal, no more than two, one-quart DOT cylinders of compressed gas or flammable liquid may be stored in the live/work unit. Exempt amounts of hazardous materials may be stored in control areas per Table 5003.1.1(1) of the currently adopted edition of the California Fire Code. No more than two control areas will be allowed in any live/work unit. These control areas shall be approved as to the construction and location by the Fire Marshal.

(B) Flammable liquids, welding, open flame work or similar hazardous operations are not permitted in live/work occupancies without the express written approval of the Fire Marshal. Where this type of activity is allowed, the installation of an approved automatic sprinkler system shall be required. Installation of sprinklers shall be per Section 903 of the currently adopted California Fire Code and NFPA 13.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 608-C.S., passed 6-18-96; Am. Ord. 964-C.S., passed 8-19-25)

(A) The occupant load for individual live/work occupancies shall be the same as for dwellings. The maximum occupant load for live/work units shall be 49 people and shall be posted as such.

(B) The occupant load for buildings containing live/work as well as other occupancies shall be determined by adding the occupant loads of the various occupancies.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25) Penalty, see § 150.999

(A) The occupant load factor for purposes of establishing exit requirements from live/work units shall not exceed 300 square feet per person. If the unit is 3,000 square feet or more in area, at least two exits are required. The location of each live/work unit in a multi-unit structure in an LW, Live Work Combining Zone (refer to planning codes) shall be marked by a plaque, diagram or other device visible to emergency personnel from the exterior of the structure containing the unit(s). The location of the plaque, or the like, shall be approved by the Fire Marshal.

(B) Emergency egress shall be provided from the sleeping area of the live/work unit as per Section 1031 of the currently adopted California Building Code.

(C) Exiting from other occupancies and from the building shall be as required by the California Building Code.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 608-C.S., passed 6-18-96; Am. Ord. 964-C.S., passed 8-19-25) Penalty, see § 150.999

Stairways within a live/work unit shall be as required by the California Building Code for dwellings; however, where a mezzanine area is less than 400 square feet, the stairway incline may be a maximum of 60°. A ladder is acceptable. Stairways shall be provided with handrails in accordance to the California Building Code. Stairways other than within the live/work units shall meet all the requirements of the California Building Code for other than dwelling units.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25)

Accessibility for the disabled to buildings and units shall be provided in accordance with California State Building Regulations, Title 24.

(Ord. 595-C.S., passed 8-15-95)

(A) Natural light shall be provided to a live/work unit by means of exterior glazed openings with an area equal to 8% of the floor space of the living area. Ventilation shall be provided by operable exterior openings with and area equal to 4% of the floor area.

(B) The work area of the live/work unit shall be provided with light and ventilation as per the California Building Code for B Occupancies and may include mechanical ventilation.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25)

(A) Live/work occupancies shall be provided with smoke and carbon monoxide detectors per the currently adopted edition of the California Building Code Sections 907 and 915 and the State Fire Marshal.

(B) Approved automatic fire sprinkler systems shall be required in buildings newly constructed live/work buildings.

(C) Approved manual and automatic fire alarm systems shall be required in all newly constructed live/work buildings. (Ord. 595-C.S., passed 8-15-95; Am. Ord. 608-C.S., passed 6-18-96; Am. Ord. 964-C.S., passed 8-19-25)

(A) Floor loads shall not exceed design loads and in no case exceeds 50 pounds per square foot (PSF) with a concentrated load of 2,000 pounds. All buildings shall have a structural analysis to comply with Section 1604 of the currently adopted edition of the California Building Code for building conservation prepared by a licensed engineer or architect and submitted to the Building Official. Mezzanines are to be considered in the analysis of the loads.

(B) Testing of existing mezzanines, when required by the Building Official, shall be performed at twice the live load plus the dead load for a time period of at least 12 hours and the deflection shall not exceed that permitted by the California Building Code. (Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25)

(A) The mezzanine area shall include any structure over 30 inches above the floor and shall not exceed one-third of the floor area of the live/work room in which it is placed. Habitable space above or below a mezzanine shall have head room clearance of seven feet from the floor. Where exposed beam ceiling members are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of the 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 the bottom of the members are not less than six feet eight inches above the floor.

(B) Existing and proposed mezzanines in live/work units shall be constructed and supported in accordance with the structural requirements of the California Building Code. A guardrail at least 42 inches in height shall be provided. Guardrails for storage portions of the mezzanine may be removable for access for only one portion not exceeding 48 inches in width. Mezzanines and their supports (if not a separation wall), raised floors, raised platforms, seating platforms, ladders, stairs, guardrails, posts, enclosures and partitions may be wood construction and will not change the classification of the building.

(C) Finish materials used on the mezzanine shall not exceed Class III materials for flame spread and smoke density. (Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25)

Wall and floor ceiling assemblies separating live/work units from each other and from public areas, shall provide airborne sound insulation to meet a sound transmission class of STC 50 (45 if field tested), and floor-ceiling assemblies shall be designed to meet impact insulation (IIC) of 50.

(Ord. 595-C.S., passed 8-15-95)

Any changes in the building envelope or heating and lighting loads are subject to compliance with the currently adopted Triennial Edition of Title 24 for energy conservation.

(Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25)

(A) Plumbing requirements. All plumbing within live/work units shall comply with the current adopted California Plumbing Code.

(B) Mechanical requirements.

(1) All heat producing appliances shall be installed as per the currently adopted edition of the California Mechanical Code and according to their listing.

(2) An approved heating appliance shall be provided in each live/work unit capable of heating the interior of the unit to 68° at three feet above the floor.

(C) Electrical requirements.

(1) The electric requirements for the live/work units shall be calculated at four watts per square foot plus eight KW for an electric stove, if one is to be installed.

(2) The use of hot plates for cooking purposes in lieu of a stove or range, shall be at the discretion of the Fire Marshal. If so allowed, a 20-amp circuit shall be provided with a single dedicated receptacle. This to be installed adjacent to a metal shelf or table on which the hot plate will be located. A metal wall guard shall be installed covered by not less than No. 28 US Standard gauge steel over 5/8-inch type X gypsum wallboard.

(3) In all new walls of live/work units receptacle outlets shall be provided so that no point along the floor line in any wall space is more than six feet measured horizontally from an outlet along the wall. All receptacles in kitchens and bathrooms shall be protected by ground fault circuit interrupters.

(4) Basic minimum power demand shall be based on a 30-ampere three-wire 120/240 volt feeder at 7200 watts with permitted diversities. Power requirements exceeding the minimum shall meet the current adopted edition of the California Electrical Code. (Ord. 595-C.S., passed 8-15-95; Am. Ord. 964-C.S., passed 8-19-25)

(A) Buildings that are listed as being unreinforced masonry buildings and have not been retrofitted, shall have permanent signs posted at all entrances to the building stating:

“This is an unreinforced masonry building, unreinforced masonry buildings may be unsafe in the event of a major earthquake.” (B) Retrofitting of unreinforced masonry buildings shall be accomplished in the time frames and in the manner set forth in this chapter.

(Ord. 595-C.S., passed 8-15-95)

UNSAFE STRUCTURES; ABATEMENT OF NUISANCES

This subchapter is adopted for the purpose of defining those conditions of real property in the City which constitute nuisances; and for the further purpose of establishing just, equitable and practicable methods for ordering the abatement of a nuisance; authorizing City personnel to undertake the work necessary to abate such nuisance in the event of noncompliance with such abatement order; levying an assessment against the owner of the property on which such nuisance abatement work was performed in the amount of City’s abatement costs; and either causing a lien to be recorded against such property in the amount of such assessment costs or causing such assessment to be added to the county assessment rolls and collected at the same time and in the same manner as property taxes.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

The City Council finds as follows:

(A) That there are numerous buildings, structures and other conditions on or pertaining to real property located in the City which constitute nuisances as defined in this subchapter;

(B) That the continued existence of such nuisances is injurious to the public health, safety and welfare;

(C) That abatement of such nuisances in the manner provided by this subchapter is a proper exercise of the City’s police powers and is specifically authorized by Cal. Gov’t Code (§ 38771 et seq.); and

(D) That abatement of such nuisances in the manner provided by this subchapter is reasonable and affords to the owner of the property on which the nuisance is located all of the due process rights guaranteed by the federal and state constitutions. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Eureka.

CITY ENFORCEMENT OFFICIALS. The employees of the City of Eureka who are designated pursuant to this subchapter and the Eureka Municipal Code to enforce the laws of the City.

EMC. The Eureka Municipal Code.

(Ord. 904-C.S., passed 10-6-2020)

The provisions of this subchapter apply generally to all property throughout the City wherein any of the conditions hereinafter specified are found to exist; provided, however, that any condition which would constitute a violation of this subchapter, but which is duly authorized under any city, state or federal law, shall not be deemed to violate this subchapter. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-2020)

(A) All buildings, structures, property or premises which are required to be repaired, demolished, secured or otherwise abated under the provisions of this subchapter shall be subject to the requirements and standards set forth in the Eureka Municipal Code or any other code adopted by the City.

(B) All buildings, structures, property or premises within the scope of this subchapter and all construction or work for which a permit is required shall be subject to inspection in accordance with and in the manner provided by applicable provisions of the Eureka Municipal Code or any other code adopted by the City.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

Every owner of real property within the City is required to maintain such property in a manner so as not to violate the provisions of the Eureka Municipal Code or any other code adopted by the City, and such owner remains liable for violations thereof, regardless of any contract or agreement with any third party regarding such property.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

City enforcement officials are authorized to enter upon any property or premises to ascertain whether the provisions of the Eureka Municipal Code or applicable state codes are being obeyed, and to make any examinations, inspections and surveys as may be necessary in the performance of their enforcement duties. These may include the taking of photographs, samples or other physical evidence. If an owner, occupant or agent refuses permission to enter or inspect, the City may seek an inspection warrant pursuant to the applicable state and local laws.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 709-C.S., passed 3-6-07; Am. Ord. 904-C.S., passed 10-6-20)

(A) Pursuant to the provisions of Cal. Penal Code § 836.5, certain officers and employees of the City of Eureka are authorized to issue written notice to appear and release citations for misdemeanors or infraction violations of City ordinances which such officers or employees have the duty to enforce.

(1) The following officers and employees of the City of Eureka ("City enforcement officials") are hereby designated and authorized to issue said citations:

Police Department:

• (a) Police chief;

• (b) All sworn personnel;

• (c) Community Service Officer; and

• (d) Animal Control Officer.

Public Works Department:

• (a) Director of Public Works and his or her designees;

• (b) Chief building official and his or her designees; and

• (c) Code Enforcement Officer.

(B) City enforcement officials are authorized to arrest without a warrant any person whenever the official has reasonable cause to believe that the person has committed a violation of the Eureka Municipal Code or applicable state codes in his or her presence. Pursuant to Cal. Penal Code § 836.5 the official, if not a peace officer, can only arrest a person by issuing a misdemeanor field citation or by effecting a citizen's arrest with the assistance of a sworn peace officer.

(Ord. 904-C.S., passed 10-6-20)

(A) General. The City Council shall establish a special revolving fund to be designated as the Abatement, Repair and Demolition Fund. Payments shall be made out of the fund upon the demand of the Building Official or responsible official to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of abatement, repair, demolition or securement pursuant to this subchapter.

(B) Maintenance of fund. The City Council may at any time transfer to the abatement, repair and demolition fund, out of any money in the general fund or applicable enterprise fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of abatement, repair, demolition or securement, and any sum so transferred shall be deemed a loan to the abatement, repair and demolition fund and shall be repaid out of the proceeds of the collections provided for in this subchapter. All funds collected under the proceedings in this subchapter shall be paid to the City Finance Department, who shall credit the same to the abatement, repair and demolition fund.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

In any action, administrative proceeding or special proceeding to abate a nuisance in which the City elects, at the initiation of the action or proceeding, to seek recovery of its attorneys’ fees, the prevailing party in the action or proceeding shall recover its attorneys’ fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. “Prevailing party” shall not include a party who complies with a notice of violation issued by the City or an order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for the services of the City Attorney or his or her assistant and deputies, calculated based on the effective hourly rate of such attorney. Ref. Government Code Section 38773.5.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

Any property owner or tenant of property within 500 feet of an immediately dangerous building, an immediately dangerous condition, a dangerous building or a substandard building or a public nuisance is declared to be damaged thereby.

(A) Any such party may institute a civil action against the property owner or lessee, sublessee or occupant who creates or maintains an immediately dangerous building, an immediately dangerous condition, a dangerous building, a substandard building or a public nuisance, to obtain damages and/or require compliance with the requirements of the Eureka Municipal Code or any other code adopted by the City. Damages shall include actual damages, costs, attorney’s fees and a civil penalty of up to $500 in addition thereto.

(B) Nothing in this provision shall be construed to limit any other right or remedy otherwise available in law or equity to any party, nor shall this provision in any way limit the City’s right to enforcement under any other provision of this code, nor shall it create a duty or obligation on the part of the City.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

Any responsible person, whether owner, lessee, sublessor, sublessee or occupant of any property or premises who violates the provisions of this subchapter, consisting of §§ 150.140 through 150.190, may be prosecuted pursuant to § 10.99 of this code for each day such violation continues. For purposes of §§ 150.140 through 150.190, “person” includes individuals, partnerships, corporations, joint ventures, receivers, limited liability company, trust, estate, cooperative, association or any other entity. Any person violating the provisions of this division or any other provision of §§ 150.140 through 150.190 shall also be liable for civil penalties of not less than $250 or more than $1,000 for each day the violation continues. The City Attorney may seek civil penalties in any civil action brought to enforce any provision of §§ 150.140 through 150.190. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

Notwithstanding any provisions of this subchapter to the contrary, the procedures for the abatement of an immediately dangerous condition, as defined, shall be regulated by the provisions of this subchapter.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

For the purpose of this subchapter, an IMMEDIATELY DANGEROUS CONDITION shall be defined as a condition on any premises or property which, in the opinion of the Building Official, Community Development Director or Fire Chief, is of such a nature as to be imminently dangerous to the health, safety or welfare of the public, which, if abated according to the procedures of this code, would, during the administrative proceedings, subject the public to potential harm of a serious nature.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 709-C.S., passed 3-6-07; Am. Ord. 904-C.S., passed 10-6-20)

(A) Whenever the Building Official, Community Development Director or Fire Chief has inspected or caused to be inspected any premises or property and has found and determined that there exists on such premises or property an immediately dangerous condition as defined in § 150.153, the same may be summarily abated and removed by the City without compliance with the provisions of this code prior to such abatement.

(B) The Building Official, Community Development Director or Fire Chief may abate the immediately dangerous condition in any reasonable manner which he or she determines will eliminate the immediate threat to the health, safety or welfare of the public. Reasonable means to abate the immediately dangerous condition include, but are not limited to, demolition, repairing, boarding to City specifications, securing the perimeter of the property with fencing, gates or barricades, vacating and removal of junk and debris.

(C) No action shall be taken to summarily abate an immediately dangerous condition without prior approval of the City Attorney or his or her authorized representative.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 709-C.S., passed 3-6-07; Am. Ord. 904-C.S., passed 10-6-20)

The cost of abatement, including all reasonable administrative and engineering costs incurred by the City as a result of any action taken pursuant to this subchapter, may be assessed as a lien or special assessment against the premises or property upon which the immediately dangerous condition was located, and may also be made a personal obligation of the property owner. The recovery of such costs shall be governed by the procedures provided in §§ 150.179 through 150.190.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

Notwithstanding any provisions of this subchapter to the contrary, the procedures for the abatement of an immediately dangerous building or structure shall be regulated by the provisions of this subchapter.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

For the purpose of this subchapter, an IMMEDIATELY DANGEROUS BUILDING OR STRUCTURE shall be defined as any building or structure which has been so damaged by fire, infestation, seismic disturbance, or by any other cause, including neglect, to the extent that its structural integrity is irreparably damaged or destroyed and is in imminent danger of collapsing or where the condition of the structure poses an immediate and present threat of life, health or safety of the public. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) Whenever the Building Official or Fire Chief has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is an immediately dangerous building or structure as defined in § 150.157, the same may be summarily abated and removed by the City without compliance with the provisions of this code prior to such abatement.

(B) The Building Official or Fire Chief may summarily abate the immediately dangerous building and/or the dangerous conditions in any reasonable manner which he or she determines will eliminate the immediate threat to the health, safety and welfare of the public. Reasonable means to abate the immediately dangerous building and/or the dangerous conditions include, but are not limited to, demolition, repairing, boarding to City specifications, securing, fencing and vacating.

(C) No action shall be taken to summarily abate an immediately dangerous building without prior approval of the City Attorney or his or her authorized representative.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

The cost of abatement, including all reasonable administrative and engineering costs incurred by the City as a result of any action taken pursuant to this subchapter, may be assessed as a lien or special assessment against the property upon which the immediately dangerous building or structure was located, and may also be made a personal obligation of the property owner. The recovery of such costs shall be governed by the procedures provided in §§ 150.179 through 150.190.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

Notwithstanding any provisions of this subchapter to the contrary, the procedures for the abatement of substandard buildings and public nuisances, as defined, shall be regulated by the provisions of this subchapter.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

For purposes of this subchapter, the following words shall have the following specified meanings:

COMMON AREA. The entire common interest development as that term is defined in Cal. Civ. Code § 1351, except the separate interests therein, or any area defined as a COMMON AREA within a homeowners association’s declaration of covenants, conditions and restrictions.

JUNK. Any cast-off, damaged, discarded, junked, obsolete, salvaged, scrapped, unusable, worn-out or wrecked object, thing or material composed in whole or in part of asphalt, brick, carbon, cement, plastic or other synthetic substance, fiber, glass, metal, paper, plaster, plaster of paris, rubber, terra cotta, wool, cotton, cloth, canvas, organic matter or other substance, having no substantial market value or requiring reconditioning in order to be used for its original purpose.

JUNK YARD. A site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, house wrecking yards, used lumber yards and the like, except a site on which such uses are conducted within a completely enclosed structure and except scrap metal yards.

OWNER. The owner of record of real property, occupant, lessee, sublessee, interested holder in real property, or homeowners association, as the case may be. For purposes of this subchapter, a homeowners association which exercises management and/or control over a common area shall be deemed an OWNER of the area over which such control is exercised. Exercising control includes but is not limited to ownership, maintenance, easements and/or assessing fees on property owners pursuant to agreements, deeds or recorded documents.

PREMISES. Any real property and/or improvements thereon, as the case may be, including but not limited to an area designated as a common area within a condominium or similar project.

PROPERTY. Any premises.

RESPONSIBLE OFFICIAL. The Building Official, Community Development Director and Fire Chief or their respective designees, authorized to use the provisions of this subchapter for violations of those ordinances for which their respective departments have primary enforcement authority.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 709-C.S., passed 3-6-07; Am. Ord. 885-C.S., passed 5-21-19; Am. Ord. 904-C.S., passed 10-6-20)

Any building or structure or any 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 any of the following conditions to an extent that endangers 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 and a public nuisance:

• (A) Inadequate sanitation. Inadequate sanitation shall include but not be limited to the following:

• (1) Lack of or improper water closet, lavatory, bath tub or shower in a dwelling unit, lodging house or congregate residence.

• (2) Lack of or improper water closets, lavatories, and bath tubs or showers per number of guests in a hotel.

• (3) Lack of or improper kitchen sink.

• (4) Lack of hot and cold running water to plumbing fixtures in a hotel.

• (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

• (6) Lack of adequate heating facilities.

• (7) Lack of or improper operation of required ventilating equipment.

• (8) Lack of minimum amounts of natural light and ventilation required by the Eureka Municipal Code, the California Building Code, or any other code adopted by the City.

• (9) Room and space dimension less than required by the Eureka Municipal Code, the California Building Code, or any other code adopted by the City. However, a condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration or conversion.

• (10) Lack of required electrical lighting.

• (11) Dampness of habitable rooms.

• (12) Infestation of insects, vermin, or rodents as determined by City officials and/or the Health Officer.

• (13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.

• (14) General dilapidation or improper maintenance.

• (15) Lack of connection to required sewage disposal system.

• (16) Lack of adequate garbage and rubbish storage and removal facilities as determined by City officials and/or the Health Officer.

• (B) Structural hazards. Structural hazards shall include but not be limited to the following:

• (1) Deteriorated or inadequate foundations.

• (2) Defective or deteriorated flooring or floor supports.

• (3) Flooring or floor supports of insufficient size to carry imposed loads with safety.

• (4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

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

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

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

• (8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.

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

• (C) Nuisances. Any nuisance as defined in this code, state law or common law.

• (D) Hazardous wiring. Hazardous wiring includes all wiring not installed, maintained or used in conformance with the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or

local law or ordinance now or hereinafter enacted, hazardous wiring shall not include wiring which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and is being used in a safe manner.

(E) Hazardous plumbing. Hazardous plumbing includes all plumbing not installed, maintained or used in conformance with the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, hazardous plumbing shall not include plumbing which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and which is free of cross- connections and siphonage between fixtures.

(F) Hazardous mechanical equipment. Hazardous mechanical equipment includes all mechanical equipment, including vents, not installed, maintained or used in conformance with the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, hazardous mechanical equipment shall not include mechanical equipment which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and is being used in a safe manner.

(G) Faulty weather protection. Faulty weather protection, which shall include, but not be limited to, the following:

(1) Deteriorated, crumbling or loose plaster.

(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering.

(4) Broken, rotted, split or buckled exterior wall coverings or roof coverings.

(H) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, vegetation, or act which, in the opinion of the Building Official or Fire Chief, is in or creates such a condition as to increase or which could cause an increase of the hazard or menace of fire or explosion, or provide a ready fuel to augment the spread and intensity of fire or explosion, or any thing or act which could obstruct, delay, hinder or interfere with the operations of the Fire Department or the egress of occupants in the event of fire, shall be deemed a fire hazard.

(I) Faulty materials of construction. Faulty materials of construction shall include all materials of construction except those which are specifically allowed or approved by Eureka Municipal Code, the California Building Code and any other code adopted by the City, and which have been adequately maintained in good and safe condition.

(J) Hazardous or unsanitary premises. Hazardous or unsanitary premises shall include those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions exist which, in the opinion of City officials or the Health Officer, constitute fire, health or safety hazards.

(K) Unsafe building. Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Eureka Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the City.

(L) Inadequate exits.

(1) Inadequate exits includes all buildings or portions thereof not provided with adequate exit facilities as required by the Eureka Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

(2) When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed.

(M) Inadequate fire protection or firefighting equipment. Inadequate fire protection or firefighting equipment includes all buildings or portions thereof which are not provided with the fire resistive construction or fire extinguishing systems or equipment required by the Eureka Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, inadequate fire protection or fire fighting equipment shall not include those buildings or portions thereof which conformed with all applicable laws at the time

or equipment required by the Eureka Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, inadequate fire protection or fire fighting equipment shall not include those buildings or portions thereof which conformed with all applicable laws at the time

of their construction and whose fire resistive integrity and fire extinguishing systems or equipment have occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.

(N) Inadequate structural resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building which conformed with all applicable laws at the time of its

construction and which has been adequately maintained in a good and safe condition and is being used in a safe manner. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 709-C.S., passed 3-6-07; Am. Ord. 865-C.S., passed 10-17-17; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

It is declared a public nuisance for any person owning, leasing, subleasing, occupying or having charge or possession of any premises in the City to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:

(A) (1) Unless properly stored behind a six-foot solid fence and determined not to be a fire, health or safety hazard, the keeping, storage, depositing, or accumulation on the premises of any personal property which is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses or is detrimental to nearby property or property values. Personal property includes, but is not limited to, junk as defined in § 150.161, abandoned, wrecked or dismantled automobiles and motorcycles; abandoned, wrecked, dismantled or not seaworthy boats or vessels; automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, rubbish and debris.

(2) Wood and building materials being used or to be used for a project of repair or renovation for which an active building permit is in existence may be stored for such period of time as is necessary to expeditiously complete the project. Upon finalization, expiration or cancellation of the permit, the wood and building materials of any nature for the project must be immediately removed.

(B) The keeping, storage, depositing, or accumulation on the premises of any dead grass, weeds, brush or rubbish of any kind likely to increase the danger of fire, or any manure, dead animals, decayed vegetables, offal or other similar matter which is in the view of persons on adjacent or nearby real property or the public right-of-way when such items constitute visual blight, a danger to the health, safety or welfare of the public, reduce the aesthetic appearance of the neighborhood, are offensive to the senses or are detrimental to nearby property or property values.

(C) The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials that constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values.

• (D) The operation of a junk yard or automobile dismantling yard without a properly issued permit from the City.

• (E) Any dangerous, unsightly or blighted condition which is detrimental to the health, safety or welfare of the public.

• (F) Any condition in violation of Chapter 90 of the Eureka Municipal Code, Abandoned Vehicles.

• (G) Any condition in violation of Chapter 94 of the Eureka Municipal Code, Health and Sanitation, or in violation of the California Fire Code.

• (H) Any condition in violation of this Chapter 150 of the Eureka Municipal Code, Building Regulations, or in violation of the California Building Code, the Uniform Housing Code, the California Electrical Code or the California Plumbing Code.

• (I) Any condition in violation of Chapter 155, Zoning Regulations or any chapter of Title XV, Land Usage, of the Eureka Municipal Code.

• (J) Any condition specified in the Eureka Municipal Code as a public nuisance.

• (K) Any condition recognized in law or in equity as constituting a public nuisance.

• (L) The maintenance of the exterior of any vacant or unoccupied building or the interior of any such building which is readily visible from any public street or adjacent parcel of property in a state of unsightliness so as to constitute a blighted condition detrimental to the property values in the neighborhood or otherwise detrimental to the public welfare.

• (M) The draining or allowing or suffering to be drained any sewage into or onto the ground of any premises, whether or not occupied or improved, except that sewage may be properly disposed of in an adequate private sewage disposal system as otherwise

permitted by law.

(N) Any unimproved real property or improved, but unoccupied real property which has become a dumping ground for litter, garbage, junk, debris, discarded vehicles, vehicle parts and/or vehicle hulks, and which real property has been subject of two or more written requests by the City to remove litter, garbage, junk, debris, discarded vehicles, vehicle parts and/or vehicle hulks from the property within a 12-month time period, or which has been subject to abatement action on one or more occasions by the City. Once proceedings have been commenced pursuant to this subchapter to declare property a public nuisance under this division, no such property shall be deemed to be in compliance with this subchapter solely because such property thereafter becomes occupied.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

(A) Whenever the responsible official has inspected or caused to be inspected any premises and has found and determined that such premises are in violation of this subchapter, he or she may cause the owner of such property to be served with a request to abate such nuisance prior to initiating any of the nuisance abatement proceedings provided for by this subchapter, provided the nuisance conditions are not determined to be immediately dangerous.

(B) In such written request, the responsible official or designee shall describe the nuisance to be abated, set forth a reasonable time within which work to abate the nuisance must be completed, and advise the property owner that the property owner may be subject to the nuisance abatement proceedings provided for by this subchapter in the event the nuisance is not abated within the time prescribed in this subchapter.

(C) If the owner fails to abate the nuisance in the time specified in such notice, the responsible official shall initiate nuisance abatement proceedings and issue a notice directed to the record owner of the premises. The notice shall contain:

(1) The street address and such other description as is required to identify the premises.

(2) A statement that the Building Official has found the building or structure to be substandard with a brief and concise description of the conditions found to render the building or structure substandard under the provisions of this subchapter and/or a statement that the responsible official has found the premises constitutes a public nuisance with a brief and concise description of the conditions which constitute the public nuisance.

(3) A statement advising that, in accordance with Cal. Rev. & Tax. Code §§ 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year.

(4) An order to the owner to appear before the Abatement Hearing Officer at a stated time, but in no event less than 30 calendar days after having mailed such notice, to show cause why the premises should not be declared a substandard building and/or a public nuisance and the same abated in accordance with this subchapter.

(5) A statement advising the owner that he or she has the option of voluntarily abating the substandard building and/or public nuisance prior to the date set for hearing. If the owner chooses voluntary abatement, such abatement must be completed prior to the hearing date. The owner must advise the responsible official in writing that he or she will voluntarily abate the substandard building and/or public nuisance, and the proposed date of completion. The responsible official will inspect the premises on the completion date, and if the substandard building and/or public nuisance has been abated, the hearing will be taken off calendar. The owner may request a continuance of the hearing pursuant to § 150.168.

ial in writing that he or she will voluntarily abate the substandard building and/or public nuisance, and the proposed date of completion. The responsible official will inspect the premises on the completion date, and if the substandard building and/or public nuisance has been abated, the hearing will be taken off calendar. The owner may request a continuance of the hearing pursuant to § 150.168.

(6) A statement that the decision and order of the Abatement Hearing Officer after the hearing is a final decision and order and is subject only to judicial review pursuant to Cal. Civ. Proc. § 1094.5.

(7) A statement that if, prior to compliance, the substandard building or conditions in the building or on the property or the public nuisance becomes an immediately dangerous building as defined in § 150.157 or an immediately dangerous condition as defined in § 150.153, the City may abate the immediately dangerous building as provided in § 150.158, or the City may abate the immediately dangerous condition as provided in § 150.154.

(8) A statement advising the owner whether the City elects to seek its attorneys’ fees in the abatement proceeding pursuant to § 150.149.

(9) A statement that every owner of property within the City is liable to the City for the total cost of abatement proceedings undertaken pursuant to this subchapter on his or her property.

(10) A statement about how and where interested persons may contact the responsible official or his or her designee about the hearing notice.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) Service of hearing notice. The hearing notice, and any amended or supplemental notice, shall be served upon the record owner, and posted on the property, and one copy thereof shall be served on each of the following if known to the responsible official or disclosed from official public records:

(1) The holder of any mortgage or deed of trust or other lien or encumbrance of record;

• (2) The owner or holder of any lease of record; and

(3) Any known tenants actually occupying the property or that portion affected by the hearing notice.

(B) Method of service. Service of the hearing notice may be made upon all persons entitled thereto, either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his, her or their address as it appears on the latest equalized assessment roll of Humboldt County, or the supplemental roll, whichever is more current, or as known to the responsible official. Service by certified mail in the manner herein provided shall be effective on the date of mailing. A copy of the hearing notice and any amended or supplemental notice shall also be posted on the premises. In lieu of personal service or service by certified mail, service of the hearing notice and any amended or supplemental notice may be made as follows:

(1) In the event that service by certified return receipt mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:

(a) By leaving a copy during usual business hours in the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left; or

(b) By leaving a copy at the recipient’s dwelling or usual place of abode in the presence of a competent member of the household and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left.

(2) In the event the recipient refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made as set forth in division (B)(1) of this section upon the property manager or rental agency.

(3) If the recipient lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail.

(4) If the recipient cannot be located or service cannot be effected as set forth in this section, service may be made by publication in a Eureka newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Cal. Gov’t Code § 6062.

(C) Failure to serve. The failure of the responsible official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other persons duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this subchapter. The failure of any person served pursuant to this section to receive such notice and order shall not affect the validity of any proceedings taken under this section.

(D) Proof of service. Proof of service of the hearing notice shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the hearing notice retained by the responsible official.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) Filing of notice. Concurrent with the service of the notice of hearing, the responsible official shall record a notice legally describing the property and certifying that the building or condition is substandard and that the owner has been so notified. The notice shall include: the date of notice; property owner’s name; mailing address; property address; parcel number; legal description; and description of the substandard building or conditions.

(B) Recordation of a Notice of Compliance. The responsible official shall record a Notice of Compliance within 15 days following the earlier of the following dates: (1) the date the responsible official verifies both voluntary compliance in abating the

substandard building or condition and/or public nuisance and payment of all accrued costs of abatement to which the City is entitled pursuant to this title; or (2) the date of final resolution of the administrative abatement action.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 709-C.S., passed 3-6-07; Am. Ord. 904-C.S., passed 10-6-20)

Any premises declared to be a substandard building or public nuisance under this subchapter shall be abated by the owner in accordance with the applicable provisions of the Eureka Municipal Code, the California Building Code or any other code adopted by the City.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

(A) The City Manager shall designate one or more persons qualified by education and experience to serve as hearing officers for administrative hearings conducted under this subchapter.

(B) Hearing by Abatement Hearing Officer. At the time fixed in the notice required by § 150.164, the Abatement Hearing Officer shall proceed to hear the testimony of the responsible official or designee and the testimony of the owner and other competent persons, including members of the public, respecting the condition of the building, structure and/or premises.

(C) Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the Abatement Hearing Officer. If the owner or other competent party seeks judicial review of the decision of the Abatement Hearing Officer, preparation of a record of the proceeding shall be governed by Cal. Civ. Proc. § 1094.5, as presently written or hereinafter amended.

(D) Reporting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the owner or other competent party at his or her own expense.

(E) Continuances. The Abatement Hearing Officer may, upon request of the owner, other competent party or the responsible official, grant continuances from time to time for good cause shown, or upon his or her own motion.

(F) Reasonable dispatch. The Abatement Hearing Officer and his or her representatives shall proceed with reasonable dispatch to conclude any matter before him or her. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 692-C.S., passed 7-7-05; Am. Ord. 904-C.S., passed 10-6-20)

(A) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

• (B) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.

• (C) Rights of parties. Each party shall have these rights, among others:

• (1) To testify and call others to testify on any matter relevant to the issues of the hearing;

• (2) To introduce documentary and physical evidence;

• (3) To rebut the evidence against him or her;

• (4) To represent himself or herself or to be represented by anyone of his or her choice.

(5) If a party does not proficiently speak or understand the English language, he or she may provide an interpreter, at the party’s own cost, to translate for the party. An interpreter shall not have had any involvement in the issues of the case prior to the hearing.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) The Abatement Hearing Officer may, with the owner(s)’ consent, or by inspection warrant, inspect the building or premises involved in the hearing prior to, during or after the hearing, provided that:

• (1) Notice of such inspection shall be given to the parties before the inspection is made;

• (2) The parties are given an opportunity to be present during the inspection;

(3) The Abatement Hearing Officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom; and

(4) Each party then shall have a right to rebut or explain the matters so stated by the Abatement Hearing Officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(B) Neither inspection warrant nor the owner’s consent to inspect the building and surrounding properties is required if such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) If it is shown by a preponderance of the evidence that the owner has violated provisions of this subchapter, then the Abatement Hearing Officer shall order the owner to commence abatement of the substandard building and/or public nuisance not later than 15 calendar days after issuance of the decision. The Abatement Hearing Officer shall further order the owner to complete the abatement within such time as specified by the Abatement Hearing Officer, or in the alternative, within the time specified by the responsible official. The Abatement Hearing Officer shall also order that if the owner fails, refuses or neglects to abate the substandard building and/or public nuisance within the time set forth in its order that the City may abate the substandard building and/or public nuisance in such a manner as may be ordered by the responsible official pursuant to this subchapter or institute an action to compel compliance with its order, and the expense thereof made a lien on the property.

(B) The decision of the Abatement Hearing Officer is a final decision, subject only to judicial review pursuant to Cal. Civ. Proc. § 1094.5, and shall be in the form of an order and shall contain findings of fact, a determination of the issues presented, and the requirements with which the owner shall comply. The order shall also inform the owner that the decision of the abatement hearing officer is a final decision and that the time for judicial review is governed by Cal. Civ. Proc. § 1094.6.

(C) The effective date of the decision and order and the period or periods within which the owner must comply with the requirements of the decision shall be as stated in the decision.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

A copy of the final decision and order of the Abatement Hearing Officer shall be served and posted in accordance with § 150.165.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) General. After any decision and order of the Abatement Hearing Officer made pursuant to this subchapter is final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order or decision. Any such person who fails to comply with any such order or decision is guilty of a misdemeanor.

(B) Failure to obey order. If, after the decision and order of the Abatement Hearing Officer has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the responsible official may: (1) cause such person to be prosecuted under division (A) of this section; (2) institute any appropriate action to abate such substandard building and/or public nuisance; or (3) abate the substandard building and/or public nuisance in accordance with the provisions of this subchapter or as provided in the order of the Abatement Hearing Officer. In any action brought by the City to enforce the provisions of this subchapter, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs whether or not the matter proceeds to judgment.

(C) Failure to commence or complete work. Whenever the required abatement is not commenced or completed within the time limits prescribed in the final decision and order of the Abatement Hearing Officer, the following shall apply:

(1) If the substandard building and/or public nuisance is in such condition as to make the premises immediately dangerous to the life, limb, property or safety of the public or its occupants, or if the Building Official determines that abatement of the substandard building or public nuisance cannot be accomplished without making it immediately dangerous to life, limb, property or safety of the public or its occupants, the Building Official shall order the building, structure or premises to be vacated pursuant to a notice to vacate as provided in this division (C)(1).

(a) Every notice to vacate shall, in addition to being served as provided in § 150.165, be posted at or upon each exit of the building or upon any individual unit to be vacated, and shall be in substantially the following form:

DANGEROUS BUILDING DO NOT ENTER

UNSAFE TO OCCUPY

You are hereby ordered and required to vacate this building/premises on or before _____________. It is a misdemeanor pursuant to Eureka Municipal Code Section 150.173 to occupy this building/premises on or after or to remove or deface this notice. Building Official City of Eureka

By

(b) Whenever a notice to vacate is posted, the Building Official shall specify in the notice and order to vacate the conditions which necessitate an immediate notice to vacate.

(c) No person shall remain in or enter any building, structure or premises which have been so posted, except that entry may be made to abate the substandard building and/or public nuisance under permit without the consent of the Building Official. No person shall remove or deface any such notice after it is posted until the abatement required by the Abatement Hearing Officer has been completed, and a certificate of occupancy issued pursuant to the provisions of the Eureka Municipal Code and the California Building Code, if necessary. Any person violating this division (C) shall be guilty of a misdemeanor.

(d) The Building Official may permit occupancy of the building or individual units if the owner corrects those problems which pose an immediate danger to life, limb, property and safety of the public or occupants.

(e) Whenever a notice to vacate has been posted and served in accordance with this division (C), the Building Official may order the immediate disconnection of any utility services determined to be hazardous by the Building Official. If the sewer service is ordered disconnected pursuant to this section, City water service to such building shall also be disconnected in order to prevent the accumulation of sewage on such premises. It shall be unlawful and a misdemeanor for any person to fail to disconnect utility services when ordered to do so pursuant to the provisions of this division (C).

(f) Prior to issuing a notice to vacate, the Building Official shall obtain approval of the City Attorney or his or her representative.

(2) To the extent allowed by law, the responsible official may, in addition to any other remedy herein provided, cause the substandard building and/or public nuisance to be abated as set forth in the decision and order of the Abatement Hearing Officer. Any such abatement shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this subchapter.

(3) No action shall be taken by the responsible official to abate a substandard building and/or public nuisance pursuant to this subchapter without prior approval of the City Attorney’s office.

(D) Enforcement of the decision and order of the Abatement Hearing Officer made pursuant to this subchapter shall be stayed during the pendency of a properly and timely filed appeal therefrom to the superior court.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

Upon receipt of an application for an extension of time from the person required to conform to the final decision and order; an agreement by such person that he or she will comply with the order if allowed additional time; and an application for any required permits accompanied by the required permit fees, the responsible official may, in his or her discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete the required abatement, if the responsible official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The responsible official’s authority to extend time is limited to the physical abatement of the substandard building and/or public nuisance and will

not in any way affect or extend the time to appeal the final decision and order or challenge any order of the Abatement Hearing Officer.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

It is unlawful and a misdemeanor for any person to 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 substandard building and/or premises on which a public nuisance exists which has been ordered abated and/or vacated under the provisions of this subchapter whenever such officer, employee, contractor or authorized representative of the City, person having an interest or estate in such building premises, or purchaser is engaged in the work of abating and/or vacating any such building or premises, pursuant to the provisions of this subchapter, or is performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this subchapter.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

(A) Procedure. When any abatement work is to be done pursuant to § 150.173 by the City or its agents or contractors, the responsible official shall provide the final order or decision to the Public Works Director and the work shall be accomplished by City personnel or by private contract under the direction of such Public Works Director and the responsible official. Plans and specifications therefor may be prepared by such engineer, or he or she may employ such architectural and engineering assistance on a contract basis as he or she may deem reasonably necessary.

(B) Costs. The cost of such abatement work shall be paid from the abatement repair and demolition fund, and may be made a lien against the property involved, and may be made a personal obligation of the property owner, as the Abatement Hearing Officer shall determine is appropriate pursuant to this subchapter.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) Every owner of property within the City is liable to the City for the total cost of abatement proceedings undertaken pursuant to this subchapter on his or her property accrued to the date of final resolution of the proceedings, including the recordation of liens pursuant to this subchapter, if any. Such costs shall include, without limitation, costs of inspection, including inspections which form the basis of the Building Official’s notice and order; expenses associated with issuing and serving the Building Official’s notice and order, and the final decision and order, if any; expenses associated with the appeal of the Building Official’s notice and order, if any; attorneys’ fees pursuant to § 150.149, if any; the cost of repair, securement, demolition or any other abatement of the dangerous building or structure and/or nuisance; costs of title reports, placing or removing liens and closing the file, and any other related administrative costs.

(B) The Building Official or his or her designee, in his or her sole discretion, may waive any portion of or all of the costs of abatement proceedings in the event the owner of the property voluntarily complies with the Building Official’s notice and order.

(C) All costs not otherwise paid by the owner or waived by the responsible official with approval of the City Manager shall be collected pursuant to the procedures set forth in this part of this subchapter.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151

(A) In the event the City abates the substandard building and/or public nuisance and the abatement consists in part of removal of materials or demolition of a building or structure, the City may, at the City’s sole discretion, sell the removed materials or materials contained in the demolished building or structure at public sale to the highest responsible bidder. The City shall notice the sale by publication at least five days prior to the date of the sale. The notice shall be published twice in a newspaper of general circulation in the City. The notice by publication may occur either before or after the removal of the materials or demolition of the building or structure.

(B) Any moneys received from the sale of such removed materials or materials contained in the demolished building or structure shall be deducted from the expense of abatement.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) The responsible official shall keep an itemized account of all expenses incurred by the City in the abatement of the substandard building and/or public nuisance, including, without limitation, those costs and expenses set forth in § 150.177.

(B) The responsible official shall keep an itemized account of all revenue received by the City for any sale of materials pursuant to § 150.178.

(C) Upon the completion of the work, the responsible official shall prepare a report, verified by the City official in charge of doing the work, specifying the following information:

• (1) The work done in abating the substandard building and/or public nuisance, if any.

• (2) The itemized and total cost of the abatement proceedings undertaken pursuant to this subchapter, including, without limitation, those costs and expenses set forth in § 150.177.

• (3) The itemized and total revenue received from any sale of materials pursuant to § 150.178.

• (4) The net expense of the abatement (gross expenses less the revenue from any sale of materials pursuant to § 150.178).

• (5) A description of the real property upon which the building or structure is or was located.

• (6) The names and addresses of the persons entitled to notice pursuant to § 150.165.

• (7) Notice of the time, date and place when and where the Abatement Hearing Officer will hear and pass upon the report,

together with any objections or protests which may be filed by any person interested in or affected by the proposed charge, and shall confirm, reject or modify the report and determine whether the charge shall be made a personal obligation of the property owner(s) and charged as a lien against the property involved.

(8) A statement that the decision and order of the Abatement Hearing Officer after the hearing is a final decision and order and is subject only to judicial review pursuant to Cal. Civ. Proc. § 1094.5.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) The responsible official’s report and notice of the hearing shall be posted on the property and served by certified return receipt mail and first-class mail, postage prepaid, addressed to the persons entitled to notice pursuant to § 150.165 as their names and addresses appear on the last equalized assessment roll of the county or supplemental roll whichever is more current, if such so appears, or as known to the responsible official.

(B) Service of the report and notice shall be made at least ten days prior to the date set for hearing.

(C) All costs associated with service of the report and notice shall be added to total expenses to be reviewed by the Abatement Hearing Officer.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

Any person interested in or affected by the proposed charge may file written protests or objections with the responsible official at any time prior to the time set for the hearing on the report of the responsible official or may make an oral protest at the hearing. Each written protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The responsible official shall endorse on every such protest or objection the date it was received by him or her. The responsible official shall present such protests or objections to the abatement hearing officer at the time set for the hearing, and no other written protests or objections shall be considered.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) Except as provided in division (B) of this section, the protests heard by the Abatement Hearing Officer pursuant to § 150.183 shall relate only to the charge to be made for abatement, and no protest concerning the action of the responsible official or the Abatement Hearing Officer in ordering the abatement of the substandard building and/or public nuisance shall be heard at this time.

(B) Where the charge to be made is the result of summary abatement pursuant to §§ 150.154 and 150.158, the Abatement Hearing Officer may determine whether or not the action to summarily abate was proper, and may modify the charge or not as he or she may deem proper.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

Upon the day and hour fixed for the hearing, the Abatement Hearing Officer shall hear and pass upon the report of the responsible official together with any such objections or protests, and shall confirm, reject or modify the report. The Abatement Hearing Officer may make such revision, correction or modification of the report or the charge as he or she may deem just; and in the event the Abatement Hearing Officer is satisfied with the correctness of the charge, the responsible official’s report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

The Abatement Hearing Officer may order that the charge be made a personal obligation of each owner of the property and charged against the property involved as a lien or special assessment.

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

(A) The decision and order of the Abatement Hearing Officer is a final decision, subject only to judicial review pursuant to Cal. Civ. Proc. § 1094.6.

(B) A copy of the final decision and order of the Abatement Hearing Officer shall be served in accordance with § 150.165. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 904-C.S., passed 10-6-20)

If the Abatement Hearing Officer orders that a charge shall be a personal obligation of the property owner, he or she shall direct the City Attorney or the Finance Division to collect the same on behalf of the City by the use of all appropriate legal remedies. (Ord. 680-C.S., passed 6-17-04; Am. Ord. 850-C.S., passed 11-1-16; Am. Ord. 904-C.S., passed 10-6-20)

(A) If the Abatement Hearing Officer orders that the charge shall be charged against the property as a lien, then in the event the charge confirmed by the Abatement Hearing Officer is not paid within five days after service of the decision of the Abatement Hearing Officer, the charge shall constitute a lien on the property. The lien shall continue until the amount of the charge and interest thereon at the legal rate, computed from the date of confirmation of the charge, is paid or until it is discharged of record. (B) The lien shall have the priority of a judgment lien.

(C) An abatement lien may be foreclosed by an action brought by the City for a money judgment.

(D) The City may recover from the property owner any costs incurred regarding the process and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the lien.

(E) After notice to the property owner(s) as provided in division (G), the City Clerk shall record a notice of lien with the County Recorder within 60 days after the confirmation of the charge by the Abatement Hearing Officer.

(F) The notice of lien shall be in substantially the following form:

NOTICE OF LIEN

NOTICE IS HEREBY GIVEN THAT pursuant to Eureka Municipal Code Chapter 150, Sections 150.140 through 150.190, the City of Eureka undertook the following actions:

1. On , the Abatement Hearing Officer of the City of Eureka ordered the abatement of a substandard building and/or public nuisance on the real property described herein.

2. On , the City of Eureka abated the substandard building and/or public nuisance.

3. On , the City of Eureka confirmed the cost of the abatement of the substandard building and/or public nuisance and charged such cost as a lien against the real property described herein.

4. As of the date of recordation of this Notice of Lien, the cost of the abatement has not yet been paid, and the City of Eureka does hereby claim a lien on the real property described herein for the net expense of abating the substandard building and/or public nuisance on the property in the amount of $ , and this amount shall be a lien against the real property described herein until the full amount, with interest at the legal rate, has been paid in full and discharged of record.

5. As of the date of recordation of this Notice of Lien, the name and address of the record owner of the property described below is: . 6. The real property upon which the lien is claimed is that certain real property commonly known as (Assessor Parcel Number), and more particularly described in Exhibit A, attached hereto and incorporated by reference herein. CITY OF EUREKA

Dated:

(G) The City Clerk shall serve the notice of lien on the owner of record of the property on which the substandard building and/or public nuisance was located based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of lien shall be served in the same manner as a summons in a civil action in accordance with Cal. Civ. Proc. Article 3 (§ 415.10 et seq.) of Chapter 4 of Title 5 of Part 2. If the owner of record cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for a period of ten days and by publication in a Eureka newspaper of general circulation pursuant to Cal. Gov’t Code § 6062.

(H) In the event the lien is discharged, released or satisfied, either through payment or foreclosure, the City Clerk shall record a notice of discharge in substantially the following form:

DISCHARGE OF LIEN

NOTICE IS HEREBY GIVEN THAT pursuant to Eureka Municipal Code Chapter 150, Sections 150.140 through 150.190, the City of Eureka undertook the following actions:

1. On , the Abatement Hearing Officer of the City of Eureka ordered the abatement of a substandard building and/or public nuisance on the real property described herein.

2. On , the City of Eureka abated the substandard building and/or public nuisance.

3. On , the City of Eureka confirmed the cost of the abatement of the substandard building and/or public nuisance and charged such cost as a lien against the real property described herein.

4. The amount of the lien claimed by the City of Eureka was $ , with interest at the legal rate.

5. As of the date of recordation of this Discharge of Lien, the name and address of the record owner of the property described below is: 6. The lien claimed by the City of Eureka has been discharged, released or satisfied and the City of Eureka no longer claims a lien on the real property described herein. 7. The real property upon which the lien was claimed is that certain real property commonly known as (Assessor Parcel Number), and more particularly described in Exhibit A, attached hereto and incorporated by reference herein. CITY OF EUREKA

Dated:

Name of Officer

(Ord. 680-C.S., passed 6-17-04; Am. Ord. 850-C.S., passed 11-1-16; Am. Ord. 904-C.S., passed 10-6-20)

(A) As an alternative to collecting the lien as provided in § 150.187, the City may request and the Hearing Officer may order that the costs of abatement be made a special assessment upon the property on which the substandard building and/or public nuisance was located.

(B) The assessment shall continue until it is paid, together with interest at the same rate as delinquent property taxes computed from the date of the order until payment.

(C) The assessment may be collected at the same time and in the same manner as ad valorem real property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem real property taxes. All laws applicable to the levy, collection and enforcement of ad valorem real property taxes apply to this special assessment.

(D) When a special assessment is charged against property as provided in this section, the City shall mail, by certified mail, to the property owner and file in the office of the County Recorder of Humboldt County a certificate in substantially the following form:

NOTICE OF SPECIAL ASSESSMENT

On (insert date) , the City of Eureka abated a nuisance on the property located at (insert address) (insert assessor's parcel number) . This property is owned by (insert name) . The abatement was done under the authority of California Government Code Section 38773.5 and Eureka Municipal Code Chapter 150, Sections 150.140 through 150.190.

The City of Eureka claims a special assessment on the real property for the cost of the abatement in the amount of $________. This amount is a special assessment against the real property until paid with interest at the rate of 10 percent per annum from (insert date) and discharged of record. This property may be sold after three (3) years by the tax collector for unpaid delinquent assessments.

The real property referred to in this notice is that parcel of land situated with the City of Eureka, County of Humboldt, State of California, more specifically described as follows: (insert or attach legal description) CITY OF EUREKA Dated:

(E) The City shall file with the County Auditor a certified copy of the notice of special assessment, a brief description of the abatement action taken and a request that the charges be added to the tax rolls and collected at the same time and in the same manner as ordinary municipal taxes. These documents shall be filed on or before the August 10th which follows the close of the tax year in which the abatement action was taken.

(Ord. 904-C.S., passed 10-6-20)

The fact that the owner or other person to whom notice is given under this subchapter (§§ 150.140 through 150.190) does not receive notice, or a letter is returned by the post office as undeliverable, does not affect the validity of the abatement proceedings. (Ord. 904-C.S., passed 10-6-20)

Upon the entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of the property is responsible for a condition on the property which may be abated as a public nuisance, the court may order the owner to pay treble the costs of the abatement. This section does not apply to court-ordered abatement of dangerous buildings pursuant to Cal. Health and Safety Code § 17980.

(Ord. 904-C.S., passed 10-6-20)

CONSTRUCTION SITE EROSION CONTROL

The purpose and intent of this chapter is to protect and enhance the water quality of watercourses, water bodies and wetlands pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq. ) and the Porter-Cologne Water Quality Control Act (California Water Code §§ 13000 et seq. ) by minimizing, to the maximum extent practicable, the discharge of sediment and other pollutants into the storm drainage system as a result of construction related activities. (Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

The terms used in this chapter shall have the following meanings:

CITY. The City of Eureka.

CLEAR. Any activity which removes the vegetative ground cover and/or trees including, but not limited to, root mat removal and/or top soil removal.

CONSTRUCTION SITE. All areas where soil is disturbed related to a project, including but not limited to, soil disturbed for construction, staging area, ingress, egress and any temporary dumping areas.

ENTITY. Any property owner, lessee, contractor, utility company, person, firm, corporation, or any legal entity, and their employees and agents. The term ENTITY shall include all entities with authority or control over the property in issue.

EROSION. The wearing away of the ground surface, and the detachment of soil particles resulting from the movement of water, wind or mechanical causes.

EXCAVATE. Any digging, scraping or other methods of removing earth materials.

FILL. Any depositing or stockpiling of earth materials.

GRADE. Any excavating or filling of earth materials or any combination thereof, including land in its excavated or filled condition.

ILLICIT DISCHARGE. Any direct or indirect sediment discharge to the storm drainage system and either in violation of an approved erosion control permit or in the absence of an approved erosion control permit.

POLLUTANTS. Any agent, material or substance that may cause or contribute to the degradation of water quality.

SEDIMENT. Eroded earth material, such as rock, sand, silt, soil, or combination thereof, which threatens to be transported by runoff and/or deposited in a stream, drainage course, tidal slough or other area.

SOIL. Unconsolidated mineral and organic material.

STORM DRAINAGE SYSTEM. Any inlet, pipe, conduit, swale, channel or waterway designed or used for the disposal of stormwater and non-stormwater, excluding any sanitary sewer system.

STORMWATER. Runoff discharges originating from precipitation events.

WATERWAY. Natural or artificial body of water, or system of interconnected bodies of water. WET SEASON. October 15 through April 15.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

The regulations set forth in this chapter shall apply to all property within the jurisdiction of the City of Eureka. (Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

The Building Official or designee of the city shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Building Official may be delegated in writing by the Building Official to the designee. (Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

This chapter shall be construed to assure consistency with the requirements of the Clean Water Act and Porter-Cologne Act and any acts amendatory thereof or supplementary thereto, or any applicable implementing regulations.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

The standards set forth herein and promulgated pursuant to this chapter are minimum standards. Greater erosion and pollution control measures may be necessary to comply with other applicable local, state and federal laws. This chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the state and/or U.S. caused by said person. This chapter shall not create liability on the part of the City of Eureka, or any agent or employee thereof for any damages that result from any discharger's reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

(A) It shall be unlawful for any entity to clear, grade, excavate or fill (hereinafter "work") any property within the city limits without having first obtained an erosion control permit ("ECP") from the city except when work is performed in accordance with an exemption set forth in § 150.208. The ECP applications shall contain the following information:

• (1) The name, address and telephone number of the applicant for the ECP.

• (2) The name, address, and telephone number of the contractor who will perform the work.

• (3) The building site location.

• (4) A scaled site map and grading plan detailing the total area to be cleared, graded, excavated or filled.

• (5) General description of work to be performed.

• (6) The specific erosion/sediment control devices and best management practices (BMPs) proposed, as specified herein below.

• (7) Soils or geotechnical engineer reports and designs as required by a site-specific determination from staff.

(8) Schedule of work detailing when the work is to occur, indicating when BMPs will be installed prior to ground disturbance, the construction period and BMP removal. Note any schedule details regarding working in the wet weather period.

(9) Stormwater information form(s) as required.

(B) The State Water Resources Control Board General Permit for Discharges of Stormwater Associated with Construction Activity requires a Stormwater Pollution Prevention Plan (SWPPP) for construction sites that are larger than an acre. If an

application for an ECP involves a construction site larger than one acre, a copy of the SWPPP shall be submitted, and may take the place of a separate ECP, as long as the SWPPP meets all of the ECP requirements.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

(A) Work below finished grade for footings, sewers, water pipes, natural gas pipes, electrical/communications conduit or cables, or other ground disturbing activities associated with a valid building permit that already have an ECP. Such excavations performed in the public right-of-way or in a public utility easement shall require an encroachment permit.

• (B) Emergency work to mitigate dangers posing an immediate risk to life or property.

• (C) Any work where the total volume of material stored, disposed of, or used as fill does not exceed 50 cubic yards, provided all the following conditions are met:

• (1) The activity does not obstruct or modify existing site drainage or drainage capacity.

• (2) The site is not located in the Coastal Zone or the Gulch Greenway Management Area.

• (3) No new impervious surfaces are created.

(4) Erosion control devices are implemented for controlling site storm water runoff and remain in place during appropriate seasons as prescribed in § 150.210.

(5) Work is not commenced or continued during the wet season.

(Ord. 962-C.S., passed 7-15-25)

ECP applications shall be submitted to the Building Department and reviewed by the Engineering Department. ECP plan review and application fees shall be set by resolution of the City Council. No building permit will be issued for any property on which indebtedness to the city exists by reason of an order of abatement costs or liens associated with this chapter.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

(A) The ECP shall require, and the entity shall install specific erosion/sediment control devices, which shall be maintained in proper working condition for so long as work is being conducted on the property or for so long as an active permit of any nature is issued for the project. Erosion/sediment control devices required by the ECP may include, but are not limited to, silt fences, straw bales, retention ponds, mulch, sod, rip-rap, vegetation barriers, hydro-seeding, erosion blankets and any other measures which will adequately prevent soil from being eroded and transported onto adjoining property or into waterways.

(B) The ECP shall always require a stabilized construction site access for any sites where sediment can be tracked onto public roads by construction vehicles.

(C) The responsibility of the property owner and its agents shall be joint and severable with the entity performing the work for the maintenance of all erosion control devices, which shall be maintained in a condition so as to prevent soil erosion on the property and transport of sediment off the property.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

Work during the wet season shall be commenced only when demonstrated that the disturbance is minor and that sediment and erosion can be controlled. For protracted work extending into the wet season, BMPs shall be employed as to secure the site and prevent stormwater runoff and erosion. Specific permission shall be obtained for any wet season work. (Ord. 962-C.S., passed 7-15-25)

(A) Municipal property. It shall be unlawful for any entity to cause, permit or allow any sediment to be deposited upon any municipal property within the city unless otherwise approved in an erosion control permit. In the event any entity shall allow such sediment to be deposited upon municipal property, such entity shall immediately remove such sediment from said municipal property.

(B) Private property. It shall be unlawful for any entity to cause, permit or allow any sediment to be deposited upon any private property within the city unless otherwise approved in an erosion control permit. In the event any entity shall allow such sediment to be deposited upon private property, such entity shall immediately remove such sediment from said property, upon notice by and with consent of the property owner.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

Whenever necessary to make an inspection to enforce any provision of this chapter or whenever the Building Official or City Engineer have cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the Building Official or City Engineer may enter such premises at all reasonable times to inspect the same and to inspect and record stormwater compliance issues. In the event the owner or occupant refuses entry after a request to enter

and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

Whenever the Building Official or City Engineer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Building Official or City Engineer may order compliance by written notice of violation to the responsible person. Such notice may require without limitation and in addition to penalties or any other remedies available under law:

• (A) The elimination of illicit discharges or practices and operations contributing to illicit discharges;

• (B) The immediate placement of erosion/sediment control devices or practices;

• (C) The abatement or remediation of the illicit discharge;

• (D) The restoration of any affected property; and

• (E) Payment of any administrative and remediation costs incurred by the city for abatement.

• (Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

Notwithstanding the provisions of § 150.216 below, any person receiving a Notice of Violation under § 150.214 above may appeal the determination of the Building Official or City Engineer to the City Manager. The notice of appeal must be received by the City Manager within five days from the date of the Notice of Violation. Hearing on the appeal before the City Manager or his or her designee shall take place within 15 days from the date of city's receipt of the notice of appeal. The decision of the City Manager or designee shall be final.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal under § 150.215, within ten days of the decision of the City Manager upholding the decision of the Building Official or City Engineer, then the city or a contractor designated by the Building Official may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

(A) Within 30 days after abatement of the illicit discharge by the city, the Building Official shall notify the property owner of the abatement cost, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within 15 days. The City Clerk shall set the matter for public hearing by the City Council. The decision of the City Council shall be set forth by resolution and shall be final.

(B) If the amount due is not paid within ten days of the decision of the City Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the County Auditor so that the auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the tax collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Water Quality Control Act and may be subject to the sanctions of those acts including civil and criminal penalties.

(Ord. 724-C.S., passed 5-20-08; Am. Ord. 962-C.S., passed 7-15-25)

OPERATION OF HOTELS AND MOTELS

The purpose of this subchapter is to ensure the continued availability of transient lodging within the City of Eureka; and to protect the public interest, health, safety and welfare by ensuring continued maintenance of hotels through the issuance of a lodging permit to own or operate a hotel within the city, regardless of the date of the hotel's construction. Further, this subchapter establishes standards for the issuance of said permit; establishes rules and regulations under which such permit shall remain in force, be denied or revoked; and provides penalties for violations. (Ord. 798-C.S., passed 10-1-13)

(A) The city is committed to the health, safety, and welfare of its residents and visitors.

(B) Statistics compiled by the Police and Fire Departments indicate that hotels and motels in the city can have disproportionately high rates of police and emergency calls for service due to violence, prostitution, and drug activity, which can have a negative impact on the health, safety, and welfare of the community.

(C) The City Council recognizes that it is necessary for the city to apply its available emergency services resources in accordance with the needs of the community at large, and to adjust the application of those resources as necessary to address changes in those needs.

(D) The U.S. Department of Justice's Office of Community Oriented Policing Services' (COPS) Problem-Oriented Guide for police titled Disorder at Budget Motels (January 2005) outlines general principles for an effective strategy for reducing crime at hotels, including regulating management practices through calls for service/room ratios and taking action against hotels that have a calls for service/room ratio of greater than 1.0 annually.

(E) Excessive levels of Municipal Code violations (such as plumbing, electrical, and sanitation) in a hotel are detrimental to human health and welfare and result in impaired health, safety, and welfare of tenants and neighbors of such properties.

(F) The implementation of a registration and permitting requirement for owners and operators of hotels would greatly facilitate the application and enforcement of city health, building, and safety codes and ordinances, as well as help create a vibrant and robust environment for the enjoyment of the city's tourists, visitors, residents, and businesses. (Ord. 798-C.S., passed 10-1-13)

This subchapter shall be applicable to all hotels and motels within the city, regardless of their date of construction or initial operation. Existing non-transient ("residential") hotels and motels shall be subject to this subchapter unless they:

(A) Were initially operated as a non-transient hotel or motel on or before October 16, 1966 and have been in continuous operation as such since that date; or

(B) Consist of multiple dwelling units and have been legally permitted as a multi-family dwelling, as defined in EMC § 155.504.

(Ord. 798-C.S., passed 10-1-13; Am. Ord. 885-C.S., passed 5-21-19)

The City Council intends that the sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph, or section of this chapter shall be declared unconstitutional by the valid judgment or decree of

a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this chapter.

(Ord. 798-C.S., passed 10-1-13)

For the purpose of this chapter, the following terms, words, and derivations shall have the meaning given, unless the context clearly indicates or requires a different meaning:

CALLS FOR SERVICE (CFS). Includes, but is not limited to, any and all calls to emergency services, (police, fire, medical, code enforcement, and building inspection) related to criminal activity and/or violations of local, state, or federal laws that result in a city, county, fire district, or other government employee being dispatched or directed to the hotel. This shall include any calls for service within the surrounding neighborhood that, through information or investigation, can be attributed or traced to the hotel premises. Calls for service include any self-initiated activity or investigation based on the observation(s) of emergency services representatives or code enforcement personnel in which it is determined, based on the greater weight of evidence, that a violation of law has occurred. Calls for service shall be measured by one event or occurrence at a hotel. Multiple calls for one discrete event shall count as one call for service. Calls for service are cumulative regardless of ownership. Calls for service include, but are not limited, to:

• (1) Commission of crimes that are drug-related, or drug-related arrests;

• (2) Commission of crimes that are prostitution-related, or prostitution-related arrests;

• (3) Commission of crimes that are a breach of the peace;

• (4) All fire alarms at a hotel;

• (5) Medical calls for service related to criminal activity and/or violations of local, state, or federal laws;

• (6) Immediate public safety and health issues at a hotel; or

• (7) Noncompliance with federal law, state law or city codes and ordinances.

CALLS FOR SERVICE do not include:

• (1) Calls originating from the hotel premise, but relating to off-premises disturbances observed by a hotel owner, operator, or occupant, if the activity is not attributable to the hotel;

• (2) Medical calls for service unrelated to criminal activity and/or violations of local, state, or federal laws;

• (3) Building inspection requests made in conjunction with an active building permit.

CALLS FOR SERVICE ROOM RATIO. The number of calls for service in a one-year period divided by the total number of guest rooms in a hotel.

CLEAN CONDITION. A hotel premises that is continuously maintained free of: trash, debris, junk, dirt or refuse; insect or rodent infestation; and maintained in conformance with the housekeeping and premises conditions described in § 150.312. DESIGNATED CITY OFFICIAL or DCO. The City Manager. The term may include the City Manager's designee or delegated staff or duly authorized representative of the City Manager.

DRUG-RELATED. Includes, but is not limited to, the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, giving away, providing a place to use, or fortification of a place involving any illegal or controlled drug, narcotic or drug paraphernalia.

EXCESS CFS FEE. A fee, set by Council Resolution, per CFS, above and beyond the number of calls which would result in a CFS Room Ratio of 1.0.

HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. HOTEL does not mean any hospital, convalescent home, sanitarium, or multi-family dwelling. For the purposes of this chapter, hotel and motel shall be synonymous.

HOTEL ROOM or ROOM. The portion of the hotel which may be used by a guest as a temporary residence, including single rooms and suites.

INSPECTION REPORT. The record of an inspection, conducted by the city, to assess and document substandard conditions with respect to weather protection and plumbing, mechanical, and electrical systems, as well as any condition deemed to be in violation of applicable city, state or federal regulations.

LAW. Any federal or state statute, or city ordinance, court decision or regulation.

LET or LET FOR OCCUPANCY. To permit, provide or offer possession or occupancy of a hotel room, dwelling unit, rooming unit, building, premises or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. MANAGER. Any person who manages the business operations of any hotel, whose duties may include the collecting of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, handling guest affairs or overseeing security.

MOTEL. See HOTEL.

OPERATOR. Any person who is the proprietor of any hotel whether in the capacity of the owner, lessee, receiver, sub-lessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned; who offers or accepts payment for rooms, guest rooms, sleeping accommodations, or board and lodging; and who retains the right of access to, and control of, the guest rooms.

OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, or the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERMIT YEAR. The span of time between October 1 and September 30 of each year.

PERSON. An individual, corporation, business trust, estate trust, partnership, or any other group acting as a unit.

PROSTITUTION-RELATED. Includes but is not limited to those that involve prostitution or prostitution-related crimes such as pimping or pandering, in violation of §§ 315, 316, 647(b), 653.22, and 653.23 of the California Penal Code.

SECURITY GUARDS. Individuals who possess a valid security guard registration from the California Bureau of Security and Investigative Services (BSIS). Security guards must be at least 18 years old, undergo a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), and complete a 40-hour course of required training as mandated by the BSIS.

(Ord. 798-C.S., passed 10-1-13)

(A) In addition to the business license required by EMC Chapter 110, it shall be unlawful to operate a hotel without a lodging permit. The application shall be submitted with the lodging permit fee, as adopted by resolution and identified in the city's Schedule of Fees and Service Charges. For each licensing year, the base lodging permit fee shall be multiplied by the calls for service room ratio for the preceding year, but shall not be less than the minimum fee. For initial applications required after passage of the ordinance from which this subchapter is derived or for new hotels, the lodging permit fee shall be the minimum fee.

(B) An application for an annual lodging permit shall be filed with the DCO on a yearly basis by the owner or operator of each hotel. The initial deadline for submitting the application shall be 45 days from the date of passage of the ordinance from which this subchapter is derived. The lodging permit shall be issued or denied within 60 days from the date of receipt of the completed application. This initial permit shall be effective until December 31, 2014 unless it is revoked earlier. Applications thereafter must be submitted no later than October 31 of each year beginning in 2014 or, if this date falls on a Saturday, Sunday, or holiday, on the next business day. The lodging permit shall be issued or denied within 60 days from the date of receipt of the completed application and fee. All subsequent permits shall be effective until December 31 of the following year. The operator or owner shall re-apply for additional periods of one year thereafter by October 31 of each year.

(C) In the event that a new hotel applies for a lodging permit during the year, but after the October 31 application deadline, the permit will be issued or denied within 60 days of receipt of the application and the lodging permit shall be effective until December 31 of that year. The application fee will be prorated, based on the number of months remaining before the December 31 expiration of the permit. Any subsequent permit shall be applied for in accordance with the October 31 deadline in subsection (B) above.

(D) Application for a lodging permit shall be filed on forms provided by the city and shall contain the following information: (1) Owner and/or operator's name, address, work and home telephone number; owner's driver license number or identification card number and state of issuance.

(2) If owned/operated by a partnership, the names of all partners, the principal business address, and telephone number of each partner.

(3) If owned/operated by a corporation, the person registering must state whether it is organized under the laws of the state of California or is a foreign corporation; must provide the mailing address, business location, telephone number, and name of the person in charge of the local office of such corporation, if any; and must provide the names of the registered agent, and all officers and directors or trustees of the corporation. If the corporation is a foreign corporation, the person registering must also provide the place of incorporation.

eign corporation; must provide the mailing address, business location, telephone number, and name of the person in charge of the local office of such corporation, if any; and must provide the names of the registered agent, and all officers and directors or trustees of the corporation. If the corporation is a foreign corporation, the person registering must also provide the place of incorporation.

• (4) Name, address and telephone number of the managers and operators and owners.

• (5) Street address of the hotel.

(6) If, during the last five years, any owner, operator, or manager has been convicted of, is continuing on parole or probation, or has completed parole or probation for a crime which relates directly to the operation of a hotel while he or she was acting as an owner, operator, or manager of a hotel; or for any offense constituting a misdemeanor or felony involving weapons, narcotics, assault, or crimes of moral turpitude; he or she must provide an official criminal history from each state of residence during that five-year period.

• (7) Number of hotel guest rooms.

• (8) A signature of the owner or operator or the owner or operator's agent.

(9) Every lodging permit renewal application shall be accompanied by an inspection report in conformance with this section. Initial lodging permit applications are not required to be accompanied by an inspection report, provided that there are no active code enforcement cases at the property at the time the application is filed.

(a) Lodging permit renewal applications for those properties classified as tier 1 hotels shall, on a biannual basis, be accompanied by an inspection report on the form(s) provided by the city, showing that there are no violations of this subchapter at the property.

(b) Lodging permit renewal applications for those properties classified as tier 2 hotels shall, on an annual basis, be accompanied by an inspection report on the form(s) provided by the city, showing that there are no violations of this subchapter at the property.

(10) All material contained on the application must be maintained current with the city at all times by the owner, operator and manager.

Any material misrepresentation in the application for the lodging permit, or a failure to provide the required information, shall be grounds for denial or revocation of the application or lodging permit.

(E) The application for a lodging permit or lodging permit renewal shall constitute the consent of the applicant and owner to inspection of the entire licensed premises at reasonable times by the Code Enforcement Officers, Building Inspectors, Fire Inspectors and other authorized departments of the city, for the purpose of determining whether there is any violation of any ordinance of the city or any law of the State of California on the premises sought to be permitted. Those persons entitled to make inspections may enter on premises to make inspections to the extent authorized by law.

(F) The lodging permit shall not be transferable or assignable from one person, firm, partnership, corporation or entity to another person, firm, partnership, corporation or entity.

(G) Whenever a change in the operator or owner occurs at an existing hotel, the new operator or owner shall apply for a lodging permit within ten business days after closing on the sale of the property. If the prior operator's lodging permit for the hotel was denied or revoked, a provisional lodging permit may be issued to the new owner or operator, with special conditions designated by the DCO, while a decision is pending on the new operator or owner's application for permit.

(H) The operator shall display the lodging permit in the hotel in an open and conspicuous public place at or near the check-in desk.

(I) Failure to obtain a lodging permit or maintain a lodging permit at all times may result in revocation of the hotel's certificate of occupancy.

(J) Continued compliance with this subchapter is required to retain or renew any lodging permit and/or business license to operate a hotel within the city.

(Ord. 798-C.S., passed 10-1-13) Penalty, see § 150.999

(A) By September 30 of each calendar year, the DCO shall determine the calls for service (CFS) room ratio of all hotels located within the city during the previous 12-month period, or during actual operations if fewer than 12 months during the previous 12-

month period.

• (B) Based upon the CFS room ratio determined by the DCO, all hotels shall be classified during the successive year according to the following tier system:

• (1) Tier 1. Less than or equal to 1.0 CFS/room/year; or

• (2) Tier 2. Greater than 1.0 CFS/room/year.

• (C) A newly constructed or converted hotel which has not previously operated in the city shall be presumed to be a tier 1 hotel until the next September 30 registration period.

• (D) Upon adoption of this subchapter, all hotels shall be classified as tier 1 hotels until September 30 of the following calendar year, at which point they will be classified in accordance with this subsection.

• (E) By September 30 of each calendar year, the DCO shall notify each hotel owner and/or operator within the city, in writing delivered by personal service, certified mail or other method which provides confirmation of delivery, of the CFS room ratio which shall be used as the classification for that hotel for that ensuing lodging permit year. The DCO shall provide periodic updates to each hotel owner and/or operator on at least a quarterly basis, listing CFS tracked during the period.

• (F) The notices specified in subsection (E) shall include:

• (1) The classification assigned to the hotel;

(2) As allowed by law, data specifying the types of CFS identified as having occurred on the property during the period reviewed, including the incident numbers assigned to such CFS and the date and time of each call, to allow the owner to understand the basis of the designation;

• (3) The requirement of a mandatory inspection to be conducted by the DCO; and

(4) The opportunity and procedures by which the owner may challenge the data provided to the owner pursuant to this subsection upon which the designation is based.

(G) Upon notice of initial classification or reclassification, the owner or operator shall have ten days from the date of notice to show proof to the DCO that the CFS Room Ratio is erroneous. After receipt of such information from the owner or operator, the DCO shall classify the hotel as a tier 1 or tier 2 within ten days of receipt of such information. The owner or operator may appeal the DCO's decision in accordance with this chapter.

(H) The owner or operator shall have 30 days from the date of notice of tier classification or reclassification (or from the date of the decision of the appeal if there was an appeal) to implement completely the changes in operation required by the revised classification. Failure to comply with this provision may result in revocation of the lodging permit.

(Ord. 798-C.S., passed 10-1-13) Penalty, see § 150.999

(A) The lodging permit may be denied for any of the following reasons discovered or deemed advisable or necessary by the DCO in the course of the review of the application:

(1) The hotel as constructed or as proposed to be operated by the applicant does not comply with all applicable laws

including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations and codes; or

(2) Any owner, operator or manager has been convicted in the past five years for any crime listed in § 150.305(D)(6); or

(3) The applicant has, within three years immediately preceding the date of filing the application, had a lodging permit suspended or revoked; or

• (4) The applicant has knowingly made a material misstatement in the application for the lodging permit; or

(5) The operator has not fulfilled their duties under EMC § 35.070 et seq. to collect, report, and remit transient occupancy taxes to the Finance Department during the previous licensing year.

• (6) The CFS room ratio for the hotel is greater than 1.0 for two consecutive years.

• (7) The applicant fails to pay any/all excess CFS fees incurred.

• (B) The owner or operator may appeal the DCO's decision in accordance with this subchapter.

(Ord. 798-C.S., passed 10-1-13)

Filing appeal. Any owner or operator of a hotel that has been denied a lodging permit by the DCO or whose hotel has undergone tier classification by the DCO may appeal the action of the DCO to the Board of Appeals. The appeal shall be filed within 20 calendar days of service of the denial or reclassification by the DCO. The owner or operator must file a written appeal with the office of the City Clerk on the forms provided by the city.

• (A) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the Building Official shall present it at the next available regular or special meeting of the Board of Appeals.

• (B) Noticing for appeal hearing. Hearing notice shall be provided in accordance with EMC §§ 150.164 and 150.165.

• (C) Hearing. Appeal hearings shall be conducted in accordance with EMC §§ 150.168 and 150.169.

• (D) Enforcement of the denial for a lodging permit or reclassification of a hotel shall be stayed during the pendency of an appeal therefrom that is properly and timely filed.

• (E) At the conclusion of the appeal, or after the time allowed to appeal the decision of the DCO has elapsed without an appeal, the DCO shall record a notice containing the legal description of the hotel property and the final action of the Board of Appeals or of the DCO if no appeal was filed.

• (F) The action of the Board of Appeals is a final decision, subject only to judicial review pursuant to California Code of Civil Procedure § 1094.6.

• (Ord. 798-C.S., passed 10-1-13)

• (A) A lodging permit may be revoked by the Board of Appeals if:

• (1) The owner is convicted of a drug-related or prostitution-related crime;

• (2) The operator is convicted of a drug-related or prostitution-related crime, unless a new operator without a conviction is appointed by the owner prior to revocation and a new application is submitted and approved by the DCO.

• (B) A lodging permit may be revoked by the Board of Appeals upon good cause showing that the condition or operation of the hotel is such that it is or has negatively impacted the health, safety and/or welfare of its guests or the neighboring community. Decision for revocation shall be based on, but is not restricted to, the following:

• (1) Noncompliance with federal, state and/or city codes and ordinances;

• (2) Drug-related calls for service and/or drug-related arrest(s);

• (3) Prostitution-related calls for service and/or prostitution-related arrest(s);

• (4) Disproportionate calls for fire, police, emergency medical service;

• (5) The operator and/or the owner have failed to correct a violation within the time period ordered by the city; or

• (6) The operator has not fulfilled their duties under EMC § 35.070 et seq., to collect, report, and remit transient occupancy taxes to the Finance Department, and said payments are in arrears for more than 60 days.

• (7) Any other conditions, problems, issues, concerns or facts that are deemed relevant.

• (C) In processing a revocation, the DCO shall prepare an investigation report that details the circumstances that have led to the request for a revocation. It may include, but is not limited to, any or all of the following:

• (1) Frequency or occurrence of violation(s), arrest(s), or call(s) for service;

• (2) Seriousness of the violation(s), arrests(s), or call(s) for service;

• (3) Alleged or adjudicated code violations;

• (4) History of violation(s) of city code(s) or state statute(s), arrest(s), or call(s) for service;

• (5) Any activity, action or effort taken by the responsible party to obstruct or interfere with correction of the problem;

• (6) The impact of the violation(s), arrest(s), or call(s) for service on the surrounding property and community; and/or

• (7) The financial impact to the city.

• (D) Upon good cause shown in the Investigation Report, the DCO shall file a written revocation request with the Building Official containing the following:

• (1) A heading in the words: "Before the Board of Appeals of the City of Eureka;"

• (2) A caption reading: "Revocation of a Lodging Permit," giving the names and addresses of owners and operators (as shown on the most recent permit application) and the physical address of the hotel;

• (3) A brief statement in ordinary and concise language stating why the permit should be revoked, together with any material facts claimed to support the contentions of the DCO; and

• (4) The signature of the DCO and their official mailing address.

• (E) Processing revocation. Upon receipt of any revocation request filed pursuant to this section, the Building Official shall present it at a regular or special meeting of the Board of Appeals within 30 days.

• (F) Revocation hearings and notice. Hearing notice shall be provided in accordance with EMC §§ 150.164 and 150.165. Revocation hearings shall be conducted in accordance with EMC §§ 150.168 and 150.169.

• (G) Findings and orders of the Board of Appeals for a revocation hearing. After hearing evidence from any interested party regarding revocation of the lodging permit the Board may:

• (1) Find the lodging permit is revoked; or

• (2) Place the hotel on probation for a specified time period, describing in detail all deficiencies that must be corrected. Failure

of the owner/operator to correct the deficiencies by the end of the probationary period will result in revocation of the lodging permit by the DCO with no additional appeal allowed; or

• (3) Deny the DCO's request to revoke the lodging permit.

(H) Notice to the owner(s) and operator of the decision of the Board of Appeals shall be provided in accordance with EMC §§ 150.165 and 150.166. Upon a final decision issued by the Board of Appeals to revoke the lodging permit, the DCO shall post on the hotel premises a copy or copies of the revocation of the lodging permit of the hotel.

(I) Upon a final decision issued by the Board of Appeals to revoke the lodging permit, the DCO shall record a notice containing the legal description of the hotel property and the final action of the Board of Appeals revoking the lodging permit.

(J) The action of the Board of Appeals is a final decision, subject only to judicial review pursuant to California Code of Civil Procedure § 1094.6.

(K) A posted notice of the revocation of the lodging permit may only be removed by an authorized DCO. Any removal, covering, defacing, altering or tampering by unauthorized person(s) may be prosecuted as a misdemeanor violation of this chapter.

(L) Whenever a lodging permit has been revoked by the city, the operator and/or owner of the hotel for which the lodging permit was issued shall surrender such permit to the city. The operations of the hotel shall cease within ten days of the posting of the notice of revocation of the lodging permit.

(M) If the lodging permit revoked was for a property operated as a non-transient hotel, the owner shall be liable for relocation benefits to each tenant in accordance with California Health and Safety Code § 17975 et seq.

(Ord. 798-C.S., passed 10-1-13)

(A) A copy of the lodging permit shall be posted in a conspicuous location in the public lobby of the facility.

• (B) Each owner, operator, or manager shall cause to be maintained a complete register for each person to whom any room at a hotel is let. The register shall contain the following information:

• (1) Correct name and permanent address, designating street and number, city, state and country;

• (2) Check-in and check-out dates, along with room number;

• (3) Amount of the bill and method of payment; and

• (4) Register records shall be maintained for a period of two years for each person who lets any room at a hotel.

• (C) No owner, operator, or manager shall allow or permit any hourly charge for any room within said establishment.

• (D) No owner, operator, or manager shall knowingly let, allow or permit any room on the premises to be used for any illegal purpose including, but not limited to:

• (1) Prostitution;

• (2) Gambling;

• (3) Use, sale or manufacture of drugs;

• (4) Sale of alcoholic beverages.

• (E) Providing false information to city authorities regarding the identity of and hours of occupancy by any occupant shall be prima facie evidence of knowledge of premises being used for illegal purposes including, but not limited to:

• (1) Prostitution;

• (2) Gambling;

• (3) Use, sale or manufacture of drugs;

• (4) Sale of alcoholic beverages.

(F) A representative of the owner, operator or manager shall be physically present and accessible to the DCO, on a 24-hour basis.

(G) No tier 2 hotel owner, operator, or manager shall allow or permit any room or rooms within the hotel to be rented more than twice in any 24-hour period commencing at 12:01 a.m.

(H) It shall be unlawful for a tier 2 hotel to let or otherwise provide any room therein to any person for more than 90 days in any 180 consecutive day period. It shall be unlawful for the owner, operator, or manager to allow registration under a different name in order to avoid the continuous and cumulative occupancy provision defined in this chapter. A tier 2 hotel may not be found in violation of this subsection if adequate evidence is provided to the DCO that the owner, operator, or manager is diligently pursuing a formal eviction process pursuant to the California Civil Code.

(I) Excess CFS fee. Tier 2 hotels shall be required to pay a per-call fee for each CFS in excess of the number that would result in a calls for service room ratio of 1.0. The amount of the fee shall be determined based on the approximate costs to the city of providing this additional coverage and shall be set by the Council at the time this subchapter is adopted and may be adjusted as necessary to ensure full and complete recovery of related city expenses. Such fees shall be assessed annually at the time the CFS room ratio is calculated.

service room ratio of 1.0. The amount of the fee shall be determined based on the approximate costs to the city of providing this additional coverage and shall be set by the Council at the time this subchapter is adopted and may be adjusted as necessary to ensure full and complete recovery of related city expenses. Such fees shall be assessed annually at the time the CFS room ratio is calculated.

(J) Tier 2 hotels that are determined to have a CFS room ratio in excess of 1.0 for more than one consecutive year are required to have 24-hour on-site security provided by commissioned security officers in addition to paying the excess CFS fee. Security officers shall thereafter be required continuously for a minimum of two consecutive years regardless of CFS classification.

(K) All security guards shall be in uniform and shall possess a valid security guard registration from the California Bureau of Security and Investigative Services (BSIS) while working for a tier 2 hotel.

(Ord. 798-C.S., passed 10-1-13) Penalty, see § 150.999

(A) Housekeeping. In general, the condition of bedding and other minor housekeeping items shall not be deemed a nuisance as defined in EMC § 150.163. Upon receipt of a complaint, the DCO shall investigate any of the following conditions, which may be taken into consideration during a permit renewal or revocation.

(1) Bedding condition/cleanliness. Mattresses and box springs shall be free of stains, holes, rips or odors in excess of normal wear and tear, and be maintained in a sanitary, non-defective condition (e.g. without broken springs, indentations, sags, and the like). Any coverings placed over mattresses to prevent stains and excess wear must be removable and not permanently attached to the mattress or box spring (e.g., not stapled, nailed, or pinned or tied down to the mattress or box spring).

(2) Linen condition/cleanliness. Linens shall be maintained in a sanitary condition and be free of stains, holes, rips or odors in excess of normal wear and tear. Linens (except quilts, bedspreads, blankets and comforters) shall be cleaned upon each change of occupancy, or at least once a week when occupancy does not change. Linens shall be cleaned with appropriate sanitizing material to ensure disinfection. Linens include, but are not restricted to, pillow cases, sheets, and towels.

(3) Bathroom condition/cleanliness. Bathroom fixtures (i.e. toilet, bathtub, sink, shower, mirror) shall be maintained without cracks, chips, or stains in excess of normal wear and tear. Floors shall be washed with water and a sanitizer at change of occupancy, or at least once a week when occupancy does not change. Daily cleaning schedules shall be maintained in the manager's office.

(4) Carpet condition/cleanliness. Carpeting shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary, non-defective condition.

(5) Floor condition/cleanliness. Non-carpeted floor surfaces shall be made of non-absorbent material. All surfaces and tile grouting shall be maintained without cracks, rips or missing elements in excess of normal wear and tear.

(6) Wall condition/cleanliness. Wall surfaces shall be maintained without spots, stains, flakes, chips, holes, and the like. and shall be maintained in a clean and sanitary condition.

(7) Mold/mildew. All surfaces, including carpeting and flooring, and fixtures shall be free from mold and mildew.

(8) Electrical equipment. For the purpose of this chapter, electrical equipment shall include furniture items installed by the owner, operator or manager, including televisions, lamps, and the like. All electrical items must be properly maintained and be in operable condition.

(9) Telephones.

(a) A central telephone service shall be maintained in accordance with the provisions of California Civil Code § 1940(b)(2) (B); or

(b) Inside telephone wiring and at least one usable telephone jack shall be installed and maintained in accordance with the provisions of California Civil Code § 1941.4.

(10) Furniture condition. All furniture items shall be maintained in proper working condition, without defects, chips, holes, and the like in excess of normal wear and tear.

(11) Window coverings. Shades, draperies or blinds shall be appropriately hung to cover all windows and appropriate light fixtures. All shades, draperies, blinds, shall be free of stains, holes, rips or odors in excess of normal wear and tear, and shall be maintained in a sanitary, non-defective condition.

(12) Minimum occupancy. A minimum of 50% of all guest rooms must be available or in use for occupancy at all times unless work is being performed pursuant to an active building permit.

(13) Windows. All windows designed to be opened shall be operable and have an operable window security or locking device.

(14) Viewports. Each door shall have a viewport or window convenient to the door.

(15) Door locks. All rooms are required to be outfitted with deadbolts complying with California Civil Code § 1941.3 or an approved equal. All locks shall be openable from the inside without the use of a key or tool.

(16) Exterior lighting. The exterior of the hotel property, including adjacent public sidewalks and parking lots under the control of the operator, shall be illuminated at least between one hour after sundown and one-half hour before sunrise. Illumination shall be a minimum of one-tenth of one footcandle throughout the property.

(17) Pest control maintenance. All hotel premises shall be maintained so that they are free from rodents, insects, and vermin, and free from conditions that encourage or harbor rodents, insects, and vermin. If the DCO, Building Official, or Health Officer determine that an infestation exists, the responsible agency may require an ongoing pest control agreement with a licensed exterminator.

(18) Any property left in a room by a person or party who has checked out shall be removed by the operator of the hotel before the room may be occupied by another party, and be stored or disposed of in accordance with applicable laws. (Ord. 798-C.S., passed 10-1-13) Penalty, see § 150.999

(A) Each violation of this chapter shall constitute a separate offense. An owner, operator, or manager shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this subchapter is committed, continued, or permitted by such person.

(B) Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this chapter, except where expressly required by this chapter.

(C) Any immediately dangerous condition as defined in EMC § 150.152 may be summarily abated in accordance with EMC § 150.153. Actions taken to abate the immediately dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use of occupancy of the property on which the dangerous condition exists, or any other abatement action determined by the DCO to be necessary. In the event use or occupancy is restricted, the owner, operator or manager shall discontinue said use immediately.

(D) If a hotel is operated without a lodging permit, whether through denial, revocation, or failure to obtain, the DCO shall have authority to vacate the structure and restrict occupancy after first providing the owner, operator, or manager with no less than ten days notice of said restriction.

(E) If, in attempting to obtain compliance with subsections (C) or (D) above, the DCO is denied entry to the property by its owner, operator, or manager, the DCO may, pursuant to California Code of Civil Procedure §§ 1822.50 through 1822.60, seek an inspection and abatement warrant from the Superior Court.

(F) Costs for any abatement performed by, or on behalf of the city, including the cost of police services provided, relocation of occupants of the property, and any other administrative costs, shall be recoverable by the city by the methods given in EMC §§ 150.183 through 150.190.

(G) In any action, administrative proceeding or special proceeding to abate a nuisance in which the city elects, at the initiation of the action or proceeding, to seek recovery of its attorneys' fees, the prevailing party in the action or proceeding shall recover its attorneys' fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of

attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. “Prevailing party” shall not include a party who complies with a notice of violation issued by the city or an order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for the services of the City Attorney or his or her assistant and deputies, calculated based on the effective hourly rate of such attorney. Ref. Government Code § 38773.5.

(Ord. 798-C.S., passed 10-1-13) Penalty, see § 150.999

EXPEDITED PERMIT PROCESSING FOR ELECTRICAL VEHICLE CHARGING STATIONS

This subchapter is adopted pursuant to the authority granted to the City of Eureka by Assembly Bill 1236 (Chiu, 2015) of the California Government Code, that creates an expedited and streamlined permitting process for electrical vehicle charging stations. (Ord. 905-C.S., passed 11-3-20)

The terms, phrases, and words used in this subchapter shall be construed in compliance with the definitions set forth by Cal. Gov’t Code § 65850.7.

(Ord. 905-C.S., passed 11-3-20)

Consistent with Cal. Gov’t Code § 65850.7 the City shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review.

(A) The city shall administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit.

(B) Review of the application to install an electric vehicle charging station shall be limited to the Building Official's review of whether the project meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the electric vehicle charging station will not have a specific, adverse impact upon the public health or safety. However, if the Building Official makes a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a use permit.

(C) The City may not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

(D) The decision of the Building Official pursuant to divisions (A), (B) and/or (C) may be appealed to the Planning Commission.

(E) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.

(F) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.

(G) An electric vehicle charging station shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(H) The City shall not condition approval for any electric vehicle charging station permit on the approval by any association, as that term is defined in Cal. Civil Code § 4080.

(Ord. 905-C.S., passed 11-3-20)

(A) A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Cal. Gov’t Code § 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City/County. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(Ord. 905-C.S., passed 11-3-20)

Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(Ord. 905-C.S., passed 11-3-20)

(A) Whoever violates any provision of this chapter where no other penalty is provided, refer to § 10.99 of this code.

(B) It shall be unlawful for any person to remove, alter or cover a placard once it has been attached to a building or structure, or cause or permit the same to be done in violation of §§ 150.085 through 150.095 of this chapter. Any person, firm or corporation violating any provisions of §§ 150.085 through 150.095 of this chapter shall be deemed guilty of a misdemeanor, and each person shall be deemed guilty of a separate offense for each and every day or portion thereof, during which any violation of any of the provisions of §§ 150.085 through 150.095 of this chapter is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500, or by imprisonment in the city jail or county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 586, passed 2-7-95)

(C) (1) An operator, owner, manager or responsible person who violates any provisions of §§ 150.300 through 150.312 of this chapter is guilty of a misdemeanor, and upon conviction is punishable as set forth in EMC § 10.99 for each act of violation and for each day or part of a day during which the violation is committed, continued or licensed.

(2) Subsection (C)(1) notwithstanding, when the DCO determines that a violation of any provisions of this chapter has occurred, he or she shall have the authority to issue an administrative citation pursuant to EMC § 10.35 et seq., to any person responsible for the violation and/or to the owner of the property.

(Ord. 798-C.S., passed 10-1-13)