Manhattan Beach Municipal Code Ch. 9.98 Uniform Code for the Abatement of Dangerous Buildings

Pursuant to the provisions of Section 50022.1 to 50022.10, inclusive, of the Government Code of the State and subject to the particular additions, deletions and amendments set forth in this chapter, the rules, regulations, provisions and conditions set forth in that certain Code entitled the "1997 Uniform Code for the Abatement of Dangerous Buildings" promulgated and published by the International Conference of Building Officials, one (1) full printed copy of which, printed as a Code in book form were by the Council ordered filed and which have been filed in the office of the City Clerk, expressly incorporated herein and made a part hereof as fully and for all intents and purposes as though set forth herein at length, are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed for the purpose of providing a just, equitable and practicable method to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available by law, where buildings or structures which from any cause endanger life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished, and related subjects, items and matters as set forth in said Code, within the City. Subject to the additions, deletions and amendments set forth in this chapter, said Code and the said Standards containing said rules, regulations, standards, provisions and conditions is hereby established and adopted by reference, and the same shall be designated, known and referred to as the "Uniform Code for the Abatement of Dangerous Buildings" of and for the City.

(§ 1, Ord. 1941, eff. January 18, 1996; § 8, Ord. 19-0015, eff. January 1, 2020)

In addition to the general violations and penalties set forth in Chapter 9.100 applicable to all Title 9 violations, the following provisions apply to this Chapter 9.98.

For permits where work has not commenced within twelve (12) months from the date of such permit, a renewed permit may be obtained provided that: (1) no changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded two (2) years from the original issuance date.

For permits where work had commenced and was subsequently suspended or abandoned for a period exceeding one hundred eighty (180) days, a renewed permit may be obtained provided that: (1) No changes have been made or will be required in the original plans and specifications for such work; and (2) the expiration has not exceeded four (4) years from the issuance date, and/or (3) where construction has progressed and has been approved, to the point whereby only a final inspection(s) is required, a fee shall be determined based on the number of estimated inspections, estimated staff time, and required meetings as determined by the Building Official.

For permits that have exceeded two (2) years beyond the issuance date and have not received an extension prior to expiring, a new permit is required. The applicant shall pay the fee based on the valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the current codes and ordinances at the time of the new applications.

Any permittee holding an unexpired permit may apply for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, the permittee is unable to continue work within the time required by this section. The Building Official may grant one (1) or more extensions for periods not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the project. No permit shall be valid for more than four (4) years.

If the owner or applicant fails to complete the construction work within the time required, the Building Official is authorized to obtain the abatement of any unsafe condition or nuisance created by such incomplete work. The City Attorney is authorized to file an action for the abatement of any such unsafe condition or nuisance if required to do so by the Building Official.

(§ 25, Ord. 19-0015, eff. January 1, 2020)

Editor's note— Ord. 19-0015, § 25, adopted November 19, 2019, repealed § 9.98.020 and enacted a new § 9.98.020 as set out herein. Former § 9.98.020 pertained to Uniform Code for the Abatement of Dangerous Buildings violations and penalties and derived from § 1, Ord. 1941, eff. January 18, 1996.