Merced Municipal Code Ch. 17.16 Abatement of Dangerous Buildings Code

That certain document in book form entitled "Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition," three (3) certified copies of which are on file in the office of the city clerk, published by the International Conference of Building Officials, as amended by the State Building Standard Commission, which provides for a just, equitable and practicable method, to be cumulative and in addition to any other remedy available at law, whereby buildings or structures which from any cause endanger the 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 providing procedures for processing appeals on decisions made by the chief building official, and providing for enforcement of orders, performance or work, repair or demolition, and for recovery of costs of repair or demolition, as hereinafter amended, deleted and added to, is hereby adopted by reference as the abatement of dangerous buildings code of the city.

(Ord. 2151 § 1, 2004: Ord. 2016 § 6, 1999: Ord. 1922 § 1, 1996: Ord. 1822 § 1, 1992: Ord. 1739 § 1, 1989: Ord. 1693 § 1, 1987: Ord. 1538 § 1, 1984: Ord. 1327 § 1 (part), 1980: prior code § 8.12 (part)).

It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any person to violate any provisions of the abatement of dangerous buildings code or any code adopted by reference.

(Ord. 1327 § 1 (part), 1980: prior code § 8.12 (part)).

(Ord. No. 2343, § 20, 10-19-2009)

That Section 205 of the Abatement of Dangerous Buildings Code be amended to read as follows:

Section 205—BOARD OF APPEALS

A. In order to hear and decide appeals of orders, decisions or determinations made by the Chief Building Official relative to the application and interpretation of the Merced Municipal Code, including all Building Code, Housing Code, Administrative Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Prevention Code, and Abatement of Dangerous Buildings Code adopted by reference, there shall be and hereby is created a Building and Housing Board of Appeals, consisting of five (5) members to be appointed by motion of the city council adopted by at least five (5) affirmative votes, at least three (3) of whom shall be registered or licensed professionals in the trade of design, engineering, construction, or inspection of buildings, all of whom are qualified by experience and training to pass upon matters pertaining to building construction, engineering, or fire inspection. In addition thereto, the Chief Building Official shall be an ex officio member, shall act as Secretary to the Board, and shall have a voice but no vote or authority to make or second any motion upon any matter before the Board.

B. The members so appointed shall serve for a term of four (4) years. The members first appointed to the Board shall classify themselves by lot that by the following City Council election the term of two (2) of the members shall expire. Said lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least two (2) members shall expire on each succeeding City Council election.

C. The Board shall adopt reasonable rules and regulations for conducting its hearings and shall render all of its decisions and findings in writing. The Board shall hold office at least once a year, or as called for by a majority of the members of the Board, or as requested by the Chief Building Official. The decision of the Board shall be final and conclusive on all matters decided therein. Upon receipt of the Board's written decision, the Chief Building Official shall proceed in accordance therewith.

D. The Building and Housing Board of Appeals shall have no authority relative to interpretation of the administrative provisions of, nor shall the Board be empowered to waive requirements of, the Merced Municipal Code including all Building Code, Housing Code, Administrative Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Prevention Code, and Abatement of Dangerous Buildings Code adopted by reference.

(Ord. 2151 § 2, 2004).

That Section 402 of the Abatement of Dangerous Buildings Code be amended to read as follows:

Section 402—RECORDATION OF NOTICE AND ORDER

A. Upon issuing a notice and order, the Chief Building Official, or a duly appointed deputy, may, in the exercise of his discretion, file in the Office of the County Recorder of the County of Merced a certificate describing the property and certifying that the building is a substandard building, and that the owner has been so notified. Whenever the correction ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, or an appeal has been granted declaring the building to not be substandard, the Chief Building Official, or a duly appointed deputy, shall file a new certificate with the County Recorder certifying that the building has been demolished, that all required corrections have been made, or that an appeal has been granted so that the building is no longer substandard, whichever is appropriate.

B. When the Chief Building Official has not, in the exercise of his discretion, recorded a certificate under the provisions of subsection (A) of this Section, if compliance is not had within the time specified in the notice and order, and if no appeal has been properly and timely filed, or an appeal has been heard and denied, the Chief Building Official, or a duly appointed deputy, shall at that time file a certificate in the Office of the County Recorder of the County of Merced, in accordance with and subject to the provisions set forth in subsection (A) of this Section.

(Ord. 2151 § 3, 2004).

That subsection 404.1 of Section 404 of the Abatement of Dangerous Buildings Code be amended to read as follows:

Section 404.1. Posting.

Every notice to vacate shall, in addition to being served as provided in Section 401.3, be posted at or upon each exit of the building and shall be in substantially the following form:

DO NOT ENTER UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this Notice. By Order of the Chief Building Official City of Merced

(Ord. 2151 § 4, 2004).