Chapter 15.28 — ABATEMENT OF DANGEROUS BUILDINGS CODE

The provisions set forth in the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, are adopted as the unsafe building abatement code of the city of Lodi. The unsafe building abatement code of the city of Lodi shall apply in all matters pertaining to dangerous buildings, as defined in this chapter, which are in existence or which may be constructed in the city of Lodi.

(Ord. 1679-E § 2, 1999)

Section 205, Board of Appeals, of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, is deleted.

(Ord. 1679-E § 3, 1999)

Section 303, Board of Appeals, is added to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, as follows:

Whenever in this Code reference is made to the "Board of Appeals," it shall mean the Administrative Hearing Officer of the City of Lodi.

(Ord. 1778 § 6 (part), 2006)

Section 304, Building Official, is added to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, to read as follows:

 Whenever in this Code reference is made to "Building Official" it shall mean the legally designated Chief Building Inspector or the Community Improvement Manager of the City of Lodi or his authorized representative.

(Ord. 1679-E § 5, 1999)

Section 305, City Health Officer, is added to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, to read as follows:

 Whenever in this Code reference is made to the "City Health Officer," or "Health Officer," it shall mean the legally designated Director of the San Joaquin County Environmental Health Division or his authorized representative.

(Ord. 1679-E § 6, 1999)

Section 306, Fire Marshal, is added to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, to read as follows:

 Whenever in this Code reference is made to the "City Fire Marshal" or "Fire Marshal" it shall mean the Fire Marshal of the City of Lodi or his authorized representative.

(Ord. 1679-E § 7, 1999)

Section 307, Declaration of Public Nuisance, is added to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010 as follows:

 Any structure found by the building official to be maintained as a dangerous building, as defined in Section 302 of this code, is hereby declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein. The procedures for abatement herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other ordinances or regulations or abating public nuisances in any other manner provided by law.

(Ord. 1679-E § 8 (part), 1998)

Section 401.2, Notice and Order, of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010 is amended as follows:

 The building official shall issue a notice and order directed to the record owner of the building. The notice shall contain:

 1. The street address and a legal description sufficient for identification of the premises upon which the building is located.

 2. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code.

 3. A statement of the action required to be taken as determined by the building official.

 3.1 If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the building official shall determine is reasonable under all of the circumstances.

 3.2 If the building official has determined that the building or structure must be secured, the order shall specify the general manner in which the structure is to be secured, the type of material to be used for securing and the approved method of fastening said material to the openings in the building or structure. Furthermore, the order shall require that the securing be completed within such time as the building official shall determine is reasonable under the circumstances.

 3.3 If the building official has determined that the building or structure poses an extreme hazardous or dangerous condition such that it must be secured immediately, the building official shall attempt to give notice to the record owner of the building, his or her agent or legal representative, by way of personal contact ordering that the building or structure be secured within 24 hours of the issuance of the order. If at the end of the 24 hour period following receipt of the notice the owner, agent or legal representative has not completed the securing of the building or structure in the manner so ordered or, if all diligent attempts to contact the record owner, his or her agent or legal representative have failed, the building official shall be authorized to proceed according to Section 401.2, paragraph 4, of this code.

 3.4 If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure all be vacated within a time certain from the date of the order as determined by the building official to be reasonable.

3.5 If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order; and that the demolition be completed within such time as the building official shall determine is reasonable.

(Ord. 1679-E § 8 (part), 1999)

Section 501.1, 501.2, and 501.3 of the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, adopted by Section 15.28.010, is added to read as follows:

 Section 501 Appeal to Administrative Hearing Officer.

 Any person aggrieved by any order of the Building Official hereunder to repair, vacate and repair, or demolish any building or structure, or portion thereof, may appeal such order to the Administrative Hearing Officer. The appeal which shall be in writing and which shall state the substance of the order appealed from, shall be submitted to the Administrative Hearing Officer within ten (10) days from the date of personal service or mailing of the order which is being appealed. The Administrative Hearing Officer shall set the matter for hearing. Notice of the date, hour, and place of the hearing shall be posted and served at least ten (10) days before the date set for the hearing in the manner and upon the person specified in Section 401.3, 401.4, and 401.5. The notice shall order all interested parties who desire to be heard to appear and show cause, if any they have, why the building or structure, or portion thereof, involved in the proceedings should not be repaired, vacated and repaired, or demolished.

(Ord. 1778 § 6 (part), 2006)

Section 505 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, is amended to read as follows:

 Hearing Before Administrative Hearing Officer. At the time stated in the notice, the Administrative Hearing Officer shall hold a hearing and hear and consider any evidence offered by the Building Official, owner, occupant or person in charge and control, mortgagee, or beneficiary under any deed of trust, lessee, or any other person having any estate or interest in said building or structure, pertaining to the matters set forth in the Notice to Repair, Vacate and Repair, or Demolish. Upon the conclusion of the hearing, the Administrative Hearing Officer shall render its decision.

(Ord. 1778 § 6 (part), 2006)

Section 506 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, is amended to read as follows:

 Order of Administrative Hearing Officer. If, from a full and fair consideration of the evidence and testimony received at the hearing, the Administrative Hearing Officer shall determine that the building or structure, or any portion thereof, is unsafe and a public nuisance, then it shall overrule the appeal and issue an order certified by the City Clerk;

 1. That the building or structure must be repaired, vacated and repaired, or demolished;

 2. That the occupant, lessee, or other person in possession must vacate said building or structure, or that he may remain in possession while repairs are being made;

3. That any mortgagee, beneficiary under a deed of trust, or any other person having an interest or estate in said building or structure may, at his own risk, repair, vacate and repair, or demolish it.

 The order shall (i) set forth the information required in Section 401.2 Item 1; (ii) contain a statement of the particulars that render the building or structure unsafe and a public nuisance; and (iii) contain a statement of the things required to be done. The order shall specify (i) the time within which the work required must be commenced, which shall be not less than ten days after the issuance of the order, and (ii) a reasonable time within which the work shall be completed.

(Ord. 1778 § 6 (part), 2006)

Section 507 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, is amended to read as follows:

 Serving and Posting of Order of Administrative Hearing Officer. Copies of the order of the Administrative Hearing Officer shall be posted on the building or structure involved and served in the manner and upon the persons specified in Section 401.3, 401.4, and 401.5.

(Ord. 1778 § 6 (part), 2006)

Sections 601 through 605 inclusive, Procedure for Conduct of Hearing Appeals, of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, are deleted.

(Ord. 1679-E § 12, 1999)

Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, is amended to read as follows:

 Section 801.1. Sale, Repair, or Demolition. Whenever an order to repair, vacate and repair, or demolish any building or structure, or any portion thereof, has not been complied with within the time set by the Building Official, or by the Administrative Hearing Officer, whether under appeal or not, the Administrative Hearing Officer shall have the power, in addition to any other remedy herein provided, to:

 1. Cause the material of any such building or structure to be sold in any manner that the Administrative Hearing Officer may determine upon; provided, however, that any such sale shall be upon condition that the building or structure be forthwith demolished, the wreckage and debris thereof removed and the lot cleaned. The Administrative Hearing Officer may sell any such building singly or otherwise. Any surplus from the sale of any such building or structure, or group of buildings and structures, over and above the cost of demolition and of cleaning the site shall be retained to be distributed to the parties or persons lawfully entitled thereto.

 2. Cause the building or structure to be repaired or demolished. The cost thereof shall be assessed against the property upon which the particular building or structure is located or the Repair and Demolition Fund.

The repair or demolition of any building or structure, or sale of the materials thereof, shall be by a contract awarded following advertisement for bids, to the lowest and best bidder in the case of repair or demolition work and to the highest and best bidder in the case of the sale of material.

 Arrangements, as prescribed by the Administrative Hearing Officer in this Section, preparing for the repair, demolition, or sale of materials, of or from any structure discussed in this Code shall be the responsibility of the Building Official. However, no such arrangements or other work to that end shall be initiated prior to specific instructions from the Administrative Hearing Officer indicating such action.

(Ord. 1778 § 6 (part), 2006)

Section 901 of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, is amended to read as follows:

 The Building Official shall keep an itemized account of the expense incurred by the city in the repair or demolition of any building done pursuant to the provisions of Section 701.3 Item 3 of this Code. Upon the completion of the work of repair or demolition, said Building Official shall prepare and file with City Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3.

(Ord. 1679-E § 14, 1999)

A.

No person, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter.

B.

Any person, firm, or corporation violating any provision of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine and/or imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offense.

C.

Any person who shall violate any of the provisions of this chapter shall be subject to enforcement and penalty provisions set forth in Chapter 1.10 of this code.

(Ord. 1778 § 6 (part), 2006)