Hawaiian Gardens Municipal Code Ch. 16.04 Property Maintenance

It is declared a public nuisance for any person owning, leasing, occupying or having the charge or possession of any premises in the City to maintain such premises in a manner such that they constitute substandard property.

(Ord. 401 § 2, 1993)

When any unoccupied building in any zone is abandoned by not being properly secured, locked, closed or is in unreasonable state of partial construction and is accessible to juveniles, transients or undesirables, and is a health, fire or safety hazard to the adjacent community, and the Building Official so finds, he/she shall serve the record owner and (if not the owner) the person having the control of such building or structure with a notice which shall inform the record owner and (if not the owner) the person having control of such building or structure that:

A. Such person shall forthwith secure or close such building so as to prevent unauthorized persons from gaining access thereto by performing such work as may be required;

B. If, in the opinion of the record owner or person having control, the building or structure is sufficiently secure and closed, or for any other reason he/she cannot be required to comply with subsection A. of this section within ten days after the receipt of the notice, he/she may request a hearing by filing with, or mailing to, the Community Development Department a demand for such hearing;

C. If the required work is not performed within ten days after the service of the notice, and if a timely demand for a hearing is not made, the City may perform the work at the expense of the owner, lessee, or agent.

Except as otherwise expressly set forth in this section, all procedures taken shall be, and the Review Board and the City shall proceed and collect costs, as provided in this chapter for substandard property.

(Ord. 401 § 2, 1993)

Whenever the Building Official determines by inspection that any building, or portion thereof, is substandard or any lot or other premises are substandard, or both, as defined in this chapter, such building or premises, or both, are declared a public nuisance, and the Building Official shall order the abatement of the nuisance by repair or rehabilitation of the substandard building, or portion thereof, or, at the option of the party concerned, by the demolition or demolishment thereof. The order also may require that the building be vacated. If the premises are substandard, the Building Official also may order that the substandard conditions be abated.

(Ord. 401 § 2, 1993)

When the Building Official has so found, in addition to any other notices required by this chapter, he/she may give to the occupants of the substandard property and to any other person whom he/she deems should be so notified, information concerning the provisions of this chapter, any violation thereof, how the person notified may comply, and any other information the Building Official deems expedient. He/she may post such information on the substandard property or on the substandard building.

(Ord. 401 § 2, 1993)

A. If, in the opinion of the Building Official, property is found to be substandard property as defined in this chapter, the Building Official shall give to the owner, lessee, or agent concerned written notice stating the conditions which make the property substandard.

The notice may require the owner or person in charge of the premises to remove within 30 days, or other time limit which the Building Official may set, the conditions which cause the property to be substandard. Such notice may also require the building, or portion thereof, to be vacated and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Building Official. A person notified to vacate a substandard building by the Building Official shall vacate within the time specified in the order. If, in order to comply with the notice of the Building Official, it is necessary to remove any vehicle, or any part thereof, abatement shall be in accordance with the procedures set forth in Chapter 10.24 of this Code.

B. Whenever any building or structure, or portion thereof, constitutes an immediate hazard to life or property, and, in the opinion of the Building Official, the conditions are such that repairs or demolition or other work necessary to abate the hazard must be undertaken sooner than provided by the procedures set forth in this chapter, he/she may make such alterations or repairs, or cause such other work to be done, to the extent necessary to abate the hazard or demolish the building or structure, or portions thereof, as are necessary to protect life and property, or both, after giving such notice to the parties concerned as the circumstances will permit or without any notice whatever, when, in his/her opinion, immediate action is necessary.

C. Proper service of the notices provided for in Section 16.04.020 of this chapter and this section shall be by personal service or by registered or certified mail upon every party concerned and by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice. It shall be deemed a reasonable effort has been made to service such notice when registered or certified letters have been mailed to the address of the interested party as shown on the latest assessment roll. When an address is not so listed or contact cannot be made at the listed address, the service shall be by posting on the substandard building, if any, otherwise upon the substandard property, a copy of the notice and by mailing copies by first-class mail addressed to the last known addresses (if any) of the owner and person in charge and to "occupants" at the subject property.

The designated period within which the owner or person in charge shall be required to comply with such notice shall begin as of the date he/she receives such notice by personal service or, if service is by first-class, registered or certified mail, the period shall begin upon the earlier of the date of the actual receipt or five days after mailing. If such notice is by posting, the designated period shall begin ten days following the date of posting.

D. Failure of any owner, party concerned, or other person to receive such notice shall not affect the validity of any proceedings taken pursuant to this chapter.

(Ord. 401 § 2, 1993)

If the notice of substandard property requires the repair or demolition of any building, and if the demolition or other work necessary to remove the substandard conditions set forth in such notice is not completed within the time specified in such notice, and the Building Official intends to directly proceed to demolish the substandard building, or portions thereof, or cause such other work to be done to the extent necessary to eliminate the hazard or other substandard conditions which have been found to exist, and, by a document recorded in the office of the Department of Registrar-Recorder of the County prior to the recordation of the declaration of substandard property, whether such document describes the property or not, it appears that a person other than the party concerned has any right, title, lien or interest in the property, or any portion thereof, and such person has not previously been notified of the substandard property conditions or previously been served a copy of the notice of substandard property, and the address of such person is known to the Building Official or can be ascertained by the exercise of due diligence, the Building Official shall serve a copy of the notice of substandard property on such person as provided in this chapter. Such person may request a hearing before the Review Board. The request shall be made in writing to the Board within ten days after serving the copy of the notice of substandard property. If a notice of substandard property does not require the repair or demolition of any building, no notice need be given to any person other than the party concerned.

(Ord. 401 § 2, 1993)

The Building Official may file with the Department of Registrar-Recorder of the County a declaration that a substandard property has been inspected and found to be such, as defined in this chapter, and that all parties concerned have been or will be so notified. After the Building Official finds that the public nuisance has been abated and either that such abatement has been accomplished at no cost to the City or that such costs have been placed upon the tax rolls as a special assessment pursuant to Section 25845 of the Government Code of the State, or when the Building Official's jurisdiction has been preempted by government acquisition of the property, he/she shall record in the Department of Registrar-Recorder a document terminating the declaration of substandard property.

(Ord. 401 § 2, 1993)

The Building Official may cause to be posted at such substandard property a notice of substandard property and/or a sign to read: Substandard Building, Do Not Enter or Damage, By Order of the Building Official, Community Development Department, City of Hawaiian Gardens. Such sign may contain such additional information and warnings as in the opinion of the Building Official are expedient. Such notice or sign shall remain posted until the required repairs, demolition, removal, barricading or property cleanup is completed. Such notice or sign shall not be removed without the permission of the Building Official, and, if the substandard building has been ordered vacated, no person shall enter except for the purpose of making the required repairs or of demolishing the substandard building.

In the case of unoccupied buildings, the sign shall begin: Vacated Building, rather than Substandard Building, but may be otherwise the same as set forth in this section.

(Ord. 401 § 2, 1993)

A. Hearings. Any person having any right, title, lien or interest in the property, or any part thereof, or the Building Official may request a hearing regarding the substandard condition of a building or property after the building or property is posted. A request by any person other than the Building Official shall be made in writing to the Review Board within 30 days after the building or property is posted. All persons who desire to be heard may appear before the Review Board to show cause why the building, even if substandard, should not be ordered barricaded, demolished, repaired, rehabilitated or vacated.

B. Rehearings. A fee shall be paid to the Building Official whenever a person requests a rehearing before the Review Board to request the postponement of City action leading to the demolition, removal, barricading, property cleanup or other abatement procedure. The fee shall be set by City Council resolution. At such a rehearing the Board will consider all evidence submitted and, after such consideration, may find that a postponement is warranted and so order or may find that further postponement is unwarranted and order any abatement work considered necessary to be performed by a specified date after which date the Building Official shall cause such work to be performed or completed without further notice. The Board may also find that further rehearings are not warranted and order that no further rehearing will be granted with respect to any or all of the required work. In the event of such order, the Building Official shall reject any request for further rehearings and return any rehearing fees tendered, and any such requests shall be considered to have no bearing on the matter and in no way shall they postpone any abatement action ordered by the Board as a result of a rehearing granted pursuant to this section. Nothing set forth in this section shall prevent the Board itself or the Building Official from bringing any matter before the Board for a rehearing.

C. The Building Official or a person affected may be granted a rehearing without the payment of the prescribed fee provided the Building Official first determines and recommends that:

1. The purpose of the rehearing is for an extension of time to complete work ordered by the Board; and

2. Substantial progress has been made in accordance with the intent of the last Board order; or

3. Circumstances warrant further review by the Board.

D. The Building Official shall notify every person who has requested a rehearing of the time and place thereof or the denial thereof as provided in Section 16.04.120 of this chapter, except a person who has waived such notice. The Building Official may, but is not required, give such notice of the hearing to other persons concerned.

E. The Building Official shall notify all persons who either have requested a rehearing or who have corresponded with the Building Official concerning the case of the action of the Review Board.

(Ord. 401 § 2, 1993)

A. The Review Board shall hold a hearing and consider all competent evidence offered by any person pertaining to the matters set forth in the report of the Building Official.

B. The Review Board shall make written findings of fact as to whether or not the property is substandard property as defined in this chapter.

(Ord. 401 § 2, 1993)

If neither the Building Official nor any other person requests a hearing, and the substandard condition set forth in the notice of substandard property is not abated within the time specified in such notice, the Building Official may cause such work to be done to the extent necessary to eliminate the hazards and other substandard conditions which had been found to exist and, if the condition of a building renders repair unfeasible, may cause such building, or portion thereof, to be demolished.

(Ord. 401 § 2, 1993)

If either the Building Official or any other person requests a hearing within the proper time as provided in Section 16.04.090 of this chapter, the Review Board shall hold such hearing. Not less than ten days prior to the hearing, the Building Official shall serve, or cause to be served, either in the manner required by law for the service of summons a copy of the notice of hearing upon every person whom this chapter requires that the notice of substandard property be served.

(Ord. 401 § 2, 1993)

The notice of hearing shall state:

A. The street address and a legal description sufficient for the identification of the premises which are substandard or upon which the building is located;

B. The conditions because of which the Building Official believes that the property is substandard; and

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

(Ord. 401 § 2, 1993)

The Building Official shall post one copy of the notice of hearing in a conspicuous place on the substandard building involved, if any, otherwise on the substandard property, not less than ten days prior to the hearing.

(Ord. 401 § 2, 1993)

A. When the Review Board finds that any property is substandard property, it shall be declared a public nuisance, and, based upon the findings of the Board, the Board shall order the abatement of the nuisance by such means as the Board deems most feasible. If the substandard property includes a substandard building, the Board shall order the abatement of such nuisance by the least obtrusive means the Board deems feasible, including barricading, demolition, repair or rehabilitation, or a combination thereof, of the substandard building, or portion thereof, or, at the option of the party concerned, by the demolition or demolishment thereof. The order also may require that the substandard building be vacated.

B. The order shall state a reasonable time within which the work shall be completed which shall not be less than ten days after the service of the order. The Board for good cause may extend the time for completion in writing.

(Ord. 401 § 2, 1993)

A. Any person having the legal right to do so may repair or demolish a substandard building or do any other work required to remove the substandard conditions at any time prior to the time when the City does so, but if such person does such work after the time specified in the notice of substandard property if no hearing was requested, otherwise, after the time specified in the last order of the Review Board, all costs incurred by the City in preparation for the doing of such work shall be chargeable to the property and shall be collected as provided in Section 16.04.200 of this chapter.

B. If such work is completed after the City Administrator has awarded a contract for such work, the contractor shall receive the sum of $50.00 for his/her overhead and incidental expenses, unless specifically excluded by contract, and such sum of $50.00, plus the amount specified in Section 16.04.180 of this chapter, shall be the costs incurred by the City. If such work is completed before the City Administrator has awarded a contract, the amount specified in Section 16.04.180 shall be the costs incurred by the City.

(Ord. 401 § 2, 1993)

A. Procedures. If the order of the Review Board requires the repair or demolition of any building, and the order of the Board is not complied with within the period designated by the Board, and the public records show that there is any person who has any right, title or interest in the property, or any part thereof, by virtue of a document duly recorded prior to the recordation of the declaration of substandard property, whether such document described such property, or part thereof, or not, and such person has not been previously notified of the action of the Board during the processing of the case, the Building Official shall serve upon such person, as provided in Section 16.04.120 of this chapter, a notice of the action of the Board which notice also shall contain a statement that the City will demolish the building or take such other action as may be necessary to remove the substandard conditions unless such person, within ten days, requests; in writing, a hearing. If such person requests such a hearing, the Board shall hold such hearing as provided in this chapter at which hearing the Board shall redetermine the facts and make a new order as provided in Section 16.04.150 of this chapter, and the former order shall cease to be of any force or effect. If any Board order made pursuant to Section 16.04.150 is not superseded, or any order made pursuant to this section is not complied with within the period designated, the Building Official may then demolish the substandard building, or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard and other substandard conditions determined to exist by the Board. If the order of the Board does not require the repair or demolition of any building, no notice of such order need be given to any person other than the party concerned.

B. Emergency procedures. When, in the opinion of the Building Official, a substandard structure, or portion thereof, or unoccupied building is an immediate hazard to life or property, and the abatement of such hazard requires action pursuant to subsection B. of Section 16.04.050 of this chapter, the Building Official may then demolish the substandard building or portions thereof, or may cause such other work to be done to the extent necessary to eliminate the hazard.

(Ord. 401 § 2, 1993)

The costs involved in the demolition or other work by the Building Official, including applicable processing costs shall be set forth in a resolution adopted by the City Council.

(Ord. 401 § 2, 1993)

A. The Building Official shall notify, in writing all parties concerned and all persons notified pursuant to Sections 16.04.060, 16.04.090 or 16.04.170 of this chapter of the amount of such assessment resulting from such work. Within five days after the receipt of such notice, any such party concerned and any other person having any right, title or interest in the property, or part thereof, may file with the Building Official a written request for a hearing on the correctness or reasonableness, or both, of such assessment.

B. Any such person who did not receive a notice pursuant to Section 16.04.050, 16.04.060 or 16.04.120 of this chapter, and who has not had a hearing on the necessity of the demolition or other work, in such request for a hearing also may ask that such necessity be reviewed. The Review Board thereupon shall set the matter for a hearing, give such person notice thereof as provided in Section 16.04.060 of this chapter, hold such hearing, and determine the reasonableness or correctness of the assessment, or both, and, if requested, the necessity of the demolition or other work. The Review Board shall notify all such persons of its decision in writing.

C. If the total assessment determined as provided for in this section is not paid in full within ten days after the mailing of such notice by the Building Official, the Building Official shall place such charge as a special assessment on the tax bill for the property pursuant to Section 25845 of the Government Code of the State.

(Ord. 401 § 2, 1993)

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

(Ord. 401 § 2, 1993)

A. If a building is demolished or necessary work is done by the City pursuant to the provisions of this chapter, the value of any salvage resulting from such demolition or other work may be applied to the cost of such work as follows:

1. If the City enters into a contract with a private contractor, the City may provide in such contract that as a part of the consideration for the services rendered, the contractor shall take title to such salvage.

2. If the contract does not so provide or if the City does the work without such a contract, the City may take title to such salvage and credit the reasonable value thereof on the costs incurred by the City. In any hearing pursuant to this section to determine the reasonable cost of doing the work, the Review Board also may determine the reasonable value, if any, of such salvage.

B. This section shall be permissive only and does not require that the value of such salvage be applied to the cost of the work.

(Ord. 401 § 2, 1993)

A person shall not obstruct, impede or interfere with the Building Official, or any representative of the Building Official, or with any person who owns or holds any interest or estate in a substandard building which has been ordered by the Building Official or by the Review Board to be barricaded, repaired, vacated and repaired, or vacated and demolished or removed, or on any substandard property, whenever the Building Official or such owner is engaged in barricading, repairing, vacating or demolishing any such substandard building or removing any substandard conditions pursuant to this chapter, or in the performance of any necessary act preliminary to or incidental to such work, or authorized or directed pursuant to this chapter.

(Ord. 401 § 2, 1993)

A. In the event the owner shall fail, neglect or refuse to comply with the directions in the notice of substandard property or with any order of the Review Board, he/she shall be guilty of a misdemeanor, and the Building Official may cause such owner of the building or property to be prosecuted as a violator of this Code. Each day such failure, neglect or refusal continues shall be deemed a new and separate offense.

B. Any person who maintains, permits or causes to be maintained or permitted substandard building conditions or substandard property shall be guilty of a misdemeanor. Each condition causing such building or property to be substandard and each day each such condition exists shall be deemed a new and separate misdemeanor (Chapter 1.12).

(Ord. 401 § 2, 1993)

The provisions of this chapter shall not in any manner limit or restrict the City or the City Attorney or City Prosecutor for enforcing City laws or abating public nuisances in any other manner provided by law.

(Ord. 401 § 2, 1993)