Lodi Municipal Code Ch. 15.24 Housing Code

The provisions set forth in the Uniform Housing Code, 1997 Edition, together with appendixes thereto, are adopted as the housing code of the city of Lodi. The Uniform Housing Code shall apply in all matters pertaining to all buildings or portions thereof used, or designed or intended to be used, for human habitation within the city of Lodi.

(Ord. 1679-D § 2, 1999)

Section 203.1, Housing Advisory and Appeals Board, of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010, is deleted.

(Ord. 1679-D § 3, 1999)

Section 401, Definitions, of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010, is amended as follows:

A. Add to subparagraph "Board of Appeals" to read as follows:

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

B. Add subparagraph "Building Officials" to read as follows:

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

C. Change subparagraph "Health Officers" to read:

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.

D. Add subparagraph "Fire Marshal" 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. 1778 § 5 (part), 2006)

Sections 1201.1, 1201.2, and 1201.3 of the Uniform Housing Code, 1994 Edition, adopted by Section 15.24.010, are amended to read as follows:

Section 1201. 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 hearing shall be posted and served at least ten (10) days before the date set for the hearing in the manner and upon the persons specified in Sections 1101.3, 1101.4, and 1101.5. The notice shall order all interested parties who desire to be heard to appeal 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 § 5 (part), 2006)

Section 1205 of the Uniform Housing Code, 1994 Edition, adopted by Section 15.24.010, is added 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 in control, mortgagee, or beneficiary under any deed of trust, lessee, or any other persons 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 § 5 (part), 2006)

Section 1206 of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010, is added to read as follows:

Order of the 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 persons having an interest or estate in the said building or structures may, at his own risk, repair, vacate and repair, or demolish it.

The order shall (i) set forth the information required in Section 1101.2; (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 § 5 (part), 2006)

Section 1207 of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010, is added 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 1101.3, 1101.4, and 1101.5.

(Ord. 1778 § 5 (part), 2006)

Sections 1301 through 1305 inclusive, "Procedure for Conduct of Hearing Appeals," of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010, are deleted.

(Ord. 1679-D § 9, 1999)

Sections 1501.1 and 1501.2 of the Uniform Housing Code, 1997 Edition, adopted by Section 15.24.010, are amended to read as follows:

Section 1501. 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 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 nor other work to that end shall be initiated prior to specific instructions from the Administrative Hearing Officer indicating such action.

(Ord. 1778 § 5 (part), 2006)

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 housing code.

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 § 5 (part), 2006)