Hawaiian Gardens Municipal Code Ch. 16.02 General Provisions

For the purposes of this title, and in addition to the definitions set forth in the Building Code, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Agreement of sale means any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner.

Board means the Building Board of Appeals as set forth in Section 16.04.030 of this title.

Building means any structure.

Building Official means the Director of Community Development or his/her designee.

City means the City of Hawaiian Gardens.

City Engineer means the authorized representative of the City as authorized and designated by the City Council.

Common parking means any parking facility serving more than one dwelling unit with a common entrance and a common exit.

Completion. Where a building is found to be substandard due to having been under construction for an unreasonable time, the terms "demolition," "improvement," "removal," "repair" and "rehabilitation" as used in this chapter shall include "completion."

Decorative water pond means any public or private above, at, or below grade artificial basin, chamber, tank, or structure used or intended to be used for or as a fish pond, fountain, water-based monument or similar facility.

Demolition. Wherever the word "demolition," "demolish" or "demolishment" is used in this chapter, it shall include the removal of the resulting debris from such demolition and the protection by filling of excavations exposed by such demolition and abandonment of sewer or other waste disposal facilities as may be required by this Code or other ordinances or laws.

Director means the Director of Planning and Community Development.

Displaced. A tenant is displaced, within the meaning of this title, if the tenant is ordered to move out of a residential unit or structure by an order to vacate.

Inspection, as it relates to this title, means a curb side (exterior) review of a property unless reasonable cause exists as to a violation of the Health, Fire or Building Codes inside the subject structure(s).

Occupancy means any person who occupies a unit, whether as an owner or permittee of the owner.

Owner means the owner of the property at the time the order to vacate is issued, as shown on the last equalized assessment roll, and any successor in interest. An owner may include the agent of the owner, a copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

Party concerned means the person, if any, in real or apparent charge and control of the premises involved, the record owner, the holder of any mortgage, trust deed or other lien or encumbrance of record, the owner or holder of any lease of record, and the record holder of any other estate or interest in or to the building or structure or the land upon which it is located.

Property means any unimproved or improved real property situated in the City and shall include the building or structures located on said property.

Records All references to "record" mean matters of record in the Department of Registrar-Recorder of the County which records definitely and specifically describe the premises involved.

Residential building means any improved real property designed or permitted to be used for dwelling purposes, situated in the City, and shall include the building or structures located on said improved real property.

Residential unit or structure means any dwelling apartment, room or place which is the place of permanent or customary and usual abode of any person or household.

Review Board. In order to hear the appeals provided for in this title, there is created a Review Board consisting of five members who are qualified to pass on matters pertaining to substandard buildings and property. The members of the Board shall be appointed by and hold office at the pleasure of the City Council, except that unless otherwise provided by resolution of the City Council, the Board shall consist of the members of the Planning Commission and shall be subject to the rules and procedures for the conduct of Planning Commission business. The Board may recommend such new legislation as it deems necessary. The Community Development Director plus one member from the apartment association and one member from the Los Cerritos association of realtors shall be ex officio nonvoting members and the Director shall serve as Secretary. The Director shall keep a record of all proceedings and notify the City Council and all parties concerned of the findings and decisions of the Board.

Substandard property means any building or structure, or portion thereof, or the premises on which the same is located, in which there exists any conditions which endangers the life, limb, health, property, safety or welfare of the public or occupants.

Swimming pool means any public or private above, at, or below grade artificial basin, chamber, tank, or structure used or intended to be used for wading, swimming, diving, bathing, or any form of water recreation, therapy or sport.

Tenant. Any resident of the affected property is a tenant as that term is used in Chapter 2 of Title 5 of Part 4 of the California Civil Code (Sections 1940 et seq.).

Unit means each individual unit in a single-family or multifamily residential development that can be rented, leased, owned or occupied by separate families or groups. This shall exclude motels, hotels, rooming houses and boardinghouses and similar living accommodations.

Vacation date means the date by which a tenant is required to vacate a unit or structure, pursuant to an order by an authorized City official.

(Ord. 440 § 2, 1997; Ord. 401 § 2, 1993)

In addition to the remedies for violations provided in this title, such violations may also be redressed by civil action by the City.

(Ord. 401 § 2, 1993)

A. Inspections. Upon application of the owner or his/her authorized agent on a form prescribed by the City and the payment to the City of a fee established by resolution of the City Council, the Planning Director, shall conduct an inspection within two days excluding Saturdays, Sundays and holidays.

B. "Report" means a typewritten document stating the topic, subject address and findings of research or investigations conducted in accordance with this title. Any such report shall be completed within three days after an inspection has been completed, unless otherwise provided herein or unless additional time is agreed upon by both the property owner and Community Development Director. If a report is not completed within this period, the application shall be deemed approved on the fourth day.

C. Expiration. A report shall expire, and may not be used for the purpose of compliance with this title, six months after issuance.

(Ord. 401 § 2, 1993)