Grand Terrace Municipal Code Ch. 15.48 Abatement of Unsafe Land Surface Conditions

As used in this chapter:

A. "Party concerned" means the person, if any, in possession of, or in charge and control of, the premises involved, the owner or holder of any lease of record, the record holder of any interest in or to the land.

B. "Unsafe grading site": All sites which constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, or abandonment, or noncompliance with approved grading plans as specified in this code are, for the purpose of this chapter, unsafe grading sites. Whenever the building official determines by inspection that a site is dangerous to human life or property by reason of being located in an area which is unsafe due to hazard from landslide, mudslide, settlement or slippage, such site shall for the purpose of this chapter, be considered an "unsafe grading site."

(Ord. 1 § 1(part), 1978: county code § 68.021(part))

All unsafe grading sites, as defined in this chapter, are declared to be public nuisances and shall be abated by repair, in accordance with the procedure specified in this chapter.

(Ord. 1 § 1(part), 1978: county code § 68.021(part))

A. The building official shall examine or cause to be examined every property reported as dangerous and, if in his opinion such is found to be unsafe grading as defined in this chapter, the director of building and safety shall give to the party concerned written notice stating the defects thereof. This notice may require the owner or person in charge of the premises, within forty-eight hours to commence the required repairs and all such work shall be completed within ninety days from the date of notice, unless otherwise stipulated by the building official.

B. Proper service of such notice shall be by personal service or by registered or certified mail upon the party concerned. In the event the director of building and safety, after reasonable effort, is unable to serve the notice as specified above, proper service shall be by posting on the property a copy of the notice.

C. The designated period within which the owner or person in charge is required to comply with such notice shall begin as of the date he receives such notice by personal service or registered or certified mail. If such notice is by posting, the designated period shall begin twenty days following the date of posting.

D. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this chapter.

E. The director of building and safety may file with the office of the county recorder a declaration that the property described has been inspected and found to be unsafe, as defined in this chapter, and that the owner thereof has been or will be so notified. After all required work has been completed, the director of building and safety shall file with the office of the county recorder a properly executed form terminating the above declaration.

(Ord. 1 § 1(part), 1978: county code § 68.021(b))

A. The party concerned or the director of building and safety may request a hearing regarding the unsafe condition of the property. The request by the interested party shall be made in writing to the city council within twenty days of the receipt of, or the date of posting, the notice of the unsafe condition, whichever occurs first. A hearing shall be requested by the director of building and safety prior to repair of unsafe property by the city except when such repair is done under the emergency procedure set forth in this chapter.

B. All interested parties who desire to be heard may appear before the city council to show cause why the property should not be ordered repaired.

(Ord. 1 § 1(part), 1978: county code § 68.022(a))

A. Not less than ten days prior to the hearing the director of building and safety shall serve or cause to be served either in the manner required by law for the service of summons or by first-class mail, postage prepaid, a copy of the notice of hearing upon every party against whom action has been taken up to that point in the proceeding.

B. The notice of hearing shall state:

1. A legal description sufficient for identification of the premises;

2. The conditions because of which the building official believed that the property is unsafe;

3. The date, hour and place of the hearing.

C. The director of building and safety shall post one copy of the notice of hearing in a conspicuous place on the property involved, not less than ten days prior to the hearing.

(Ord. 1 § 1(part), 1978: county code § 68.022(b), (c), (d))

A. The city council shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the director of building and safety.

B. The city council shall make written findings of fact as to whether or not the property is unsafe as defined in this chapter.

(Ord. 1 § 1(part), 1978: county code § 68.022(e))

A. If the city council finds that the property is an unsafe grading site, it shall make an order based upon its finding that the property is unsafe and directing that repairs be made and specifying such repairs.

B. The order shall state the time within which the work required must be commenced, which shall be not less than ten or later than thirty days after the service of the order. The order shall state a reasonable time within which the work shall be completed. The city council, for good cause, may extend the time for completion in writing.

C. The order shall be served upon the same parties and in the same manner as required by Section 15.48.050(A) for the notice of hearing. It shall also be conspicuously posted on the property.

(Ord. 1 § 1(part), 1978: county code § 68.022(f))

If the repairs necessary to remove the unsafe condition as set forth in the notice of unsafe grading are not made within the designated period and a hearing has not been requested by any party concerned, the director of building and safety shall request that a hearing be held regarding the unsafe condition. If the finding by the city council is not complied with within the period designated by the council, the director of building and safety may then repair such portions of the property, or may cause such work to be done, to the extent necessary to eliminate the hazard determined to exist by the city council.

(Ord. 1 § 1(part), 1978: county code § 68.023(a))

Whenever any portion of a property constitutes an immediate hazard to life or person, and in the opinion of the director of building and safety the conditions are such that repairs must be undertaken within less than the designated period, he may make such repairs as are necessary to protect life or person, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever when, in his opinion, immediate action is necessary.

(Ord. 1 § 1(part), 1978: county code § 68.023(b))

A. The costs involved in Sections 15.48.080 and 15.48.090 of such repair, including the entire cost of the services rendered by the city, shall be a special assessment against the property. The director of building and safety shall notify, in writing, all parties concerned of the amount of such assessment resulting from such work. Within ten days of the sending of such notice any such party concerned may file with the director of building and safety a written request for a hearing on the correctness or reasonableness, or both, of such assessment. Any party concerned who did not receive a notice pursuant to Section 15.48.090 and who has not had a hearing on the necessity of the repairs, in such request for hearing also may ask that such necessity be reviewed. The city council thereupon shall set the matter for hearing, give such party concerned notice thereof as provided in Section 15.48.090, hold such hearing and determine the reasonableness or correctness of the assessment, or both, and if requested the necessity of the repairs. The city council, in writing, shall notify such party concerned of its decision. If the total assessment determined as provided for in this subsection is not paid in full within ten days after receipt of such notice from the director of building and safety or the city council, as the case may be, the director of building and safety shall cause to be recorded in the office of the county assessor a statement of the total balance still due and a legal description of the property. From the date of such recording such balance due shall be a special assessment and a lien against the parcel.

B. The assessment shall be collected at the same time and in the same manner as ordinary 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 ordinary property taxes. All the laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such special assessment.

(Ord. 1 § 1(part), 1978: county code § 68.023(c))

No person, firm or corporation shall obstruct, impede or interfere with the director of building and safety or any representative of the director of building and safety, or with any person who owns or holds any estate or interest in any unsafe grading which has been ordered by the city council to be repaired, whenever the director of building and safety or such owner is engaged in repairing any such unsafe grading pursuant to this chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant hereto.

(Ord. 1 § 1(part), 1978: county code § 68.023(d))

A. In case any person or owner fails, neglects or refuses to comply with the notice to repair the property or portion thereof, or violates any provision of this chapter, the director of building and safety shall cause the owner of the building to be prosecuted as a violator of this code.

B. The failure, neglect or refusal of any person or owner to comply with the notice to repair his property, or the violation of any provision and requirement of this chapter, shall constitute a misdemeanor, punishable as provided in Chapter 1.16 of this code.

(Ord. 1 § 1(part), 1978: county code § 68.023(e))