Huntington Park Municipal Code Ch. 9 Unsafe, Dangerous, and Substandard Buildings and Premises

It is the purpose of the provisions of this chapter to provide a just, equitable, and practical method, to be cumulative with and in addition to any other remedy available at law, including the provisions of the Uniform Building Code, whereby buildings, structures, or premises which are dilapidated, unsafe, dangerous, insanitary, or a menace to the life, limb, health, morals, property, safety, and general welfare of the people of the City, or which are a likely resort for vagrant or dissolute persons, may be required to be repaired, vacated, or demolished.

(§ 1, Ord. 1604, as amended by § 1, Ord. 32-NS, eff. June 4, 1969, and § 1, Ord. 560-NS, eff. August 2, 1995)

That certain Code, designated as the "Uniform Code for the Abatement of Dangerous Buildings," 1997 Edition, published by the International Conference of Building Officials, one copy of which is on file in the office of the City Clerk, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter. Said Code shall not apply to construction in public rights-of-way.

(§ 1(a), Ord. 223-NS, eff. June 6, 1979, as amended by § 1, Ord. 276-NS, eff. January 14, 1981, § 7, Ord. 438-NS, eff. December 17, 1987, § 4, Ord. 461-NS, eff. October 5, 1989, § 4, Ord. 504-NS, eff. July 1, 1992, § 1, Ord. 560-NS, eff. August 2, 1995, § 5, Ord. 596-NS, eff. January 15, 1998, and § 3, Ord. 626-NS, eff. Dec. 15, 1999)

The said Uniform Code for the Abatement of Dangerous Buildings is amended and changed in the following respects:

(a) Section 301 is hereby amended by adding thereto the following:

Whenever the term "dangerous building" is used in this Code, it shall be construed also to mean and include unsafe, dangerous, or substandard premises.

(§ 1(b), Ord. 223-NS, eff. June 6, 1979, as amended by § 1, Ord. 560-NS, eff. August 2, 1995)

Section 205 of said Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:

205 Board of Appeals. In order to provide for final interpretations of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of three members who are not employees of the City. The Building Official shall be an ex officio member of and shall act as Secretary to said Board. The Board shall be appointed by the Governing Body and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in Section 501 of this Code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public.

(§ 2, Ord. 242-NS, eff. September 19, 1979, as amended by § 1, Ord. 501-NS, eff. April 1, 1992, § 1, Ord. 560-NS, eff. August 2, 1995, and § 2(107), Ord. 624-NS, eff. Dec. 15, 1999)

(a) General. Any building or structure, or portion thereof, including any dwelling unit, guest room, or suite of rooms or the premises upon which the same is located, in which there exists any of the conditions set forth in this section and in Chapter 3 of the Uniform Code for the Abatement of Dangerous Buildings to an extent that they endanger the life, limb, health, property, or welfare of the public or the occupants thereof shall be deemed and is hereby declared to be an unsafe, dangerous, or substandard building.

(b) Inadequate Sanitation. Inadequate sanitation shall include, but not be limited to, the following:

(1) The lack of or an improper water closet, lavatory, bath tub, or shower in a dwelling unit;

(2) An improperly ventilated area under the floor of such building or an improperly enclosed or insanitary area under the flooring of such building;

(3) The lack of or improper water closets, lavatories, bath tubs, or showers per number of guests in a hotel. In a hotel or apartment hotel, one bath tub or shower and one lavatory, with hot and cold running water, and one water closet for each sex shall be available from a public hallway on the same floor, except where a private bath is provided for each room or dwelling unit;

(4) The lack of or an improper kitchen sink in the kitchen of a dwelling unit;

(5) The lack of hot and cold running water to plumbing fixtures in a hotel, apartment, or other dwelling unit or guest room;

(6) The lack of adequate heating facilities. Each dwelling unit or facility serving guests housed in a guest room shall provide a heating device for hot running water for the bath, lavatory, and kitchen sink in a dwelling unit;

(7) The lack or improper operation of required ventilating equipment;

(8) The lack of minimum amounts of natural light and ventilation required by the Building Code;

(9) Room and space dimensions less than required by the Building Code;

(10) The lack of required or adequate electrical lighting in a dwelling unit;

(11) Dampness of habitable rooms;

(12) General dilapidation or improper maintenance; and

(13) The lack of or improper connections to a required sewage disposal system.

(c) 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 which split, lean, list, or buckle due to defective materials or deterioration;

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

(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sage, split, or buckle due to defective materials, deterioration, improper spacing, or construction which renders such members unsafe or hazardous;

(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which 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; and

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

(d) Dangerous Buildings and Structures. Dangerous buildings and structures shall include, but not be limited to, the following:

(1) Any building or structure, or any portion thereof, which has been damaged by earthquake, wind, flood, or by any other cause in such a manner that the structural strength or stability thereof is appreciably less than it was before such catastrophe and is less than the minimum requirements of the Building Code for a new building of similar structure, purpose, or location;

(2) Any building or structure, or any portion or member or appurtenance thereof, which is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

(3) Any building or structure, or any portion thereof, which has settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of new construction;

(4) Any building or structure, or any portion thereof, which, because of dilapidation, deterioration, decay, faulty construction, or the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or other cause, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give away;

(5) Any building or structure which has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts; and

(6) Any building or structure used, or intended to be used for dwelling purposes which, because of dilapidation, decay, damage, or faulty construction or arrangement or otherwise, is likely to work injury to the health, safety, or general welfare of those living within.

(e) Hazardous Wiring. Hazardous wiring, meaning all wiring except that which conformed with all the applicable laws in effect at the time of installation and which has been maintained in good condition.

(g) Hazardous Mechanical Equipment. Hazardous mechanical equipment, meaning all mechanical equipment, including vents, except that which conformed with all the applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

(h) Faulty Weather Protection. Faulty weather protection, or improper weatherproofing, shall include, but not be limited to, the following:

(1) Deteriorated, crumbling, falling, or loose plaster;

(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundation, or floors, including broken windows or doors;

(3) Defective, or the lack of, weather protection for exterior wall coverings; and

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

(i) Faulty Materials of Construction. Faulty materials of construction, meaning all materials of construction except those which are specifically allowed or approved by the Building Code and which have been adequately maintained in good and safe condition so as not to be a hazard.

(j) Inadequate Maintenance. Inadequate maintenance, meaning any building, or portion thereof, which is determined to be an unsafe building in accordance with the provisions of Section 203 of the Uniform Building Code.

(k) Inadequate Exits. Inadequate exits, meaning any door, aisle, passageway, stairway, or other means of exit which is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be required to or might use such door, aisle, passageway, stairway, or other means of exit. Inadequate exits shall also include the lack of access to each dwelling unit, guest room, or suite of rooms which require the passing through of some portion of another dwelling unit, guest room, or suite of rooms not occupied by the same tenants. When an unsafe condition exists through the lack of, or improper location of, exits, additional exits may be required to be installed.

(l) Improper Occupancy. Improper occupancy, meaning all buildings, or portions thereof, occupied for living, sleeping, cooking, or dining purposes which buildings were not designed or intended to be used for such occupancies.

(§ 3, Ord. 1604, as amended by § 1, Ord. 32-NS, eff. June 4, 1969, and § 1(c), Ord. 223-NS, eff. June 6, 1979, § 1, Ord. 560-NS, eff. August 2, 1995, and § 2(108), Ord. 624-NS, eff. Dec. 15, 1999)

(a) General. Any one or more of the following conditions shall constitute substandard premises, and it is hereby 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 such a manner that any of the following conditions are found to exist thereon:

(1) Overgrown vegetation causing detriment to neighboring properties or property values;

(2) Dead trees, weeds, or debris:

(i) Constituting unsightly appearance, or

(ii) Dangerous to the public safety and welfare, or

(iii) Detrimental to nearby property or property values;

(3) Trailers, campers, boats, or other mobile equipment stored for unreasonable periods in yard areas contiguous to streets or highways causing depreciation of nearby property values;

(4) Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises causing depreciation of nearby property values;

(5) Attractive nuisances dangerous to children in the form of:

(i) Abandoned or broken equipment, or

(ii) Neglected machinery;

(6) Broken or discarded furniture or other household equipment in yard areas for unreasonable periods;

(7) Clothes lines in front yard areas;

(8) Garbage cans stored in front or side yards and visible from public streets, except when placed in places of collection at the times permitted and in full compliance with the provisions of this Code;

(9) Packing boxes or other debris stored in yards and visible from public streets for unreasonable periods;

(10) Neglect of premises:

(i) To influence zone changes, granting of exception, or other variances, or

(ii) To cause detrimental effect upon nearby property or property values, or

(iii) To spite neighbors;

(11) Maintenance of premises in such condition as to be detrimental to the public health, safety, or general welfare or in such manner as to constitute a public nuisance as defined by the provisions of Section 3480 of the Civil Code of the State;

(12) Property including, but not limited to, building exteriors which are maintained in such condition as to become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding property or is materially detrimental to proximal properties and improvements. This includes, but is not limited to, the keeping or disposing of or the scattering over the property or premises of any of the following:

(i) Lumber, junk, trash, or debris,

(ii) Abandoned, discarded, or unused objects of equipment, such as automobiles, furniture, stoves, refrigerators, freezers, cans, or containers,

(iii) Stagnant water or excavations,

(iv) Any device, decoration, design, fence, structure, clothes line, or vegetation which is unsightly by reason of its condition or its inappropriate location;

(13) Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties; and

(14) Property maintained (in violation of the rights of others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein.

(§ 1, Ord. 32-NS, eff. June 4, 1969, and § 1, Ord. 560-NS, eff. August 2, 1995)

(a) Unsafe, dangerous, and substandard buildings and premises. Whenever the term "dangerous building" is used in this chapter, it shall be construed to include an unsafe, dangerous, or substandard building, structure, or premises.

(b) Appeals to the Council. Any person entitled to service under subsection (c) of Section 401 of the Uniform Code for the Abatement of Dangerous Buildings shall have the right to appeal the decision of the Board of Appeals and have a hearing before the Council provided written notice of such appeal is filed with the City Clerk not later than 15 days after the decision of the Board of Appeals. A fee in the amount of $150 shall be paid to the City upon the filing of an appeal. Such appeal shall be noticed and set for hearing in the same manner as provided for hearings on appeals from the Planning Commission.

(§ 2, Ord. 1604, as amended by § 1, Ord. 32-NS, eff. June 4, 1969, § 1, Ord. 39-NS, eff. January 14, 1970, § 1(d), Ord. 223-NS, eff. June 6, 1979, and § 1, Ord. 560-NS, eff. August 2, 1995)

(§ 4, Ord. 1604, as amended by § 1, Ord. 32-NS, eff. June 4, 1969; repealed by § 1(e), Ord. 223-NS, eff. June 6, 1979)

(§ 5, Ord. 1604; repealed by § 1(e), Ord. 223-NS, eff. June 6, 1979)

Any person violating any of the provisions of this chapter or said Uniform Code for the Abatement of Dangerous Buildings shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 2(109), Ord. 624-NS, eff. Dec. 15, 1999)