Modesto Municipal Code Art. 13 Unsafe Structures and Equipment

Existing electrical systems or equipment, or parts thereof, that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe electrical systems, or parts thereof, or equipment shall be taken down and removed or made safe, as the Building Official deems necessary and as provided for in this Code.

(Ord. 3463-C.S., § 1, effective 1-3-08)

Whenever the Building Official ascertains that any electrical system or equipment regulated by this Code has become hazardous to life, health, or property, or has become unsanitary, the Building Official shall order, in writing, that such system or equipment be removed or placed in a safe or sanitary condition, as appropriate. The order shall fix a reasonable time limit for compliance. No person shall use or maintain defective electrical systems, or parts thereof, after receiving such notice. When such a system described above is to be disconnected, written notice shall be given. In cases of immediate danger to life or property, such disconnection may be made immediately without such notice.

(Ord. 3463-C.S., § 1, effective 1-3-08)

The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

(Ord. 3463-C.S., § 1, effective 1-3-08)

If an unsafe condition is found, the Building Official shall serve on the owner, agent, or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building Official acceptance or rejection of the terms of the order.

(Ord. 3463-C.S., § 1, effective 1-3-08)

Service of the written notice of unsafe structure or equipment may be made upon all persons entitled thereto either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the last equalized assessment roll of Stanislaus County recorded documents or as known to the Building Official. A copy of the written notice and any amended or supplemental written notice shall also be posted on the premises.

(a) In lieu of personally serving the owner or service by certified mail, service of the written notice and any amended or supplemental written notice may be made as follows:

(1) In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:

(i) By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;

(ii) By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing, by first class mail, a copy to the recipient at the address where the copy was left.

(2) In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be as set forth in subsection (a)(1) of this section upon the property manager or rental agency.

(3) If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

(4) If the owner of the property cannot be located, or service cannot be effected as set forth in this section, service may be made by publication in a Modesto newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

The failure of any such person to receive such written notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

(Ord. 3463-C.S., § 1, effective 1-3-08)

Proof of service of the written notice shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the written notice and retained by the Building Official.

(Ord. 3463-C.S., § 1, effective 1-3-08)

The structure or equipment determined to be unsafe by the Building Official is permitted to be restored to a safe condition. To the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of this Code.

(Ord. 3463-C.S., § 1, effective 1-3-08)