Morro Bay Municipal Code Ch. 14.40 Unsafe Buildings

All buildings or portions thereof that are or which may hereafter become substandard as defined in Health and Safety Code Section 17920.3, or any building or structure that is or which may hereafter become a dangerous building as defined in the Code for the Abatement of Dangerous Buildings shall be known as "unsafe buildings."

(Ord. No. 564, 11-8-10)

All unsafe buildings or structures are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this chapter. The building official may, as an alternate to the procedure set forth in this chapter, follow those procedures set forth in the Housing Code and/or Code for the Abatement of Dangerous Buildings.

(Ord. No. 564, 11-8-10)

Whenever the building official or fire marshal has inspected or caused to be inspected any building or structure and has found and determined that such building or structure is an unsafe building or structure, he shall commence proceedings to cause the repair, rehabilitation or demolition of the building or structure.

(Ord. No. 564, 11-8-10)

The building official or fire marshal shall issue a notice and order to the recorded owner of the building. The notice and order shall contain:

A. The street address and a legal description sufficient for identification of the premises on which the building is located;

B. A statement that the building official has found the building to be unsafe and a public nuisance, with a brief description of the conditions which render the building unsafe and a public nuisance;

C. An order to secure permits and physically commence within thirty days from the date of service of the notice and order, and to complete, within ninety days from such date, the elimination of the described conditions by repair or demolition;

D. A statement advising that if the required repair or demolition work is not commenced within the time specified, the building official or fire marshal shall institute proceedings for the abatement of such nuisance before the city council.

(Ord. No. 564, 11-8-10)

Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to the recorded owner of the building, at his address as it appears on the last equalized assessment roll of the county of San Luis Obispo, or as known to the building official or fire marshal.

(Ord. No. 564, 11-8-10)

Proof of service of the notice and order shall be certified at the time of service by a written declaration under perjury executed by the person effecting service; declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the building official.

(Ord. No. 564, 11-8-10)

If the building official or fire marshal determines to proceed with the abatement of such nuisance through proceedings initiated before the city council, he shall serve a second notice in the same manner as set forth in Section 14.40.050. He also shall post one copy of the notice, conspicuously, on the building or buildings to be abated. The notice shall be substantially in the following form, but may include other information:

NOTICE TO ABATE NUISANCE

You are hereby notified to appear before the City Council of the city of Morro Bay at its meeting to be held ___(Date)___ at ______(Place of Meeting)______ at the hour of __________ o'clock M., or as soon thereafter as you may be heard and show cause, if any, why said building, located at _____________(Address)_____________ Lt. ________ Blk. ________ Tract __________ Assessors No. should not be declared a public nuisance and said nuisance be abated by repair, rehabilitation, demolition or removal.

You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit thereof with the City Clerk, city of Morro Bay, California.

(Ord. No. 564, 11-8-10)

Proof of service shall be as required in Section 14.40.060. Failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this chapter.

(Ord. No. 564, 11-8-10)

The city clerk of the city of Morro Bay may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of any member of the city council, the building official, fire marshal, or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular.

(Ord. No. 564, 11-8-10)

At the time fixed in the notice, the city council shall proceed to hear the testimony of the building official or fire marshal, the owner or his representative, witnesses, or other persons who may wish to testify, respecting the condition of the building or buildings.

(Ord. No. 564, 11-8-10)

A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the city council.

The proceedings at the hearing may also be reported by a phonographic reporter if such reporter is provided by the owner at his own expense.

(Ord. No. 564, 11-8-10)

In any proceedings under this code, the city clerk has the power to administer oaths and affirmations and to certify to official acts.

(Ord. No. 564, 11-8-10)

Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

(Ord. No. 564, 11-8-10)

Oral evidence shall be taken only on oath or affirmation.

(Ord. No. 564, 11-8-10)

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.

(Ord. No. 564, 11-8-10)

Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

(Ord. No. 564, 11-8-10)

Irrelevant and unduly repetitious evidence shall be excluded.

(Ord. No. 564, 11-8-10)

Each party shall have these rights, among others:

A. To call and examine witnesses on any matter relevant to the issues of the hearing;

B. To introduce documentary and physical evidence;

C. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

D. To impeach any witness regardless of which party first called him to testify;

E. To rebut the evidence against him;

F. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.

(Ord. No. 564, 11-8-10)

The council may inspect the building or premises during the course of the hearing, provided that notice of such inspection shall be given to the parties before the inspection is made and the parties are given an opportunity to be present during the inspection.

(Ord. No. 564, 11-8-10)

The decision of the council shall be in the form of a motion or resolution, declaring its finds; in the event that it so concludes, it may declare the building or buildings to be a nuisance and direct the owner to abate the same within thirty days after the date of passage of the resolution or motion by having the building properly reconstructed or repaired, or by having the same demolished or removed and notifying the owner that if the nuisance is not abated, the buildings will be repaired, demolished or removed by the city and the expense thereof made a lien on the lot or parcel of land upon which the building is located.

Copies of the decision shall be delivered to the owner as required in Section 14.40.050 and posted as required in Section 14.40.070.

(Ord. No. 564, 11-8-10)

Any owner or other interested person having any objection, or feeling aggrieved at any proceedings taken by the council in ordering abatement of the nuisance, must bring action in a court of competent jurisdiction within thirty days after the passage of the resolution or motion declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution or motion; otherwise all objections will be deemed to have been waived.

(Ord. No. 564, 11-8-10)

Upon receipt of an application from the person required to conform to the resolution or motion and an agreement by such person that he will comply with the resolution or motion if allowed additional time, the council may, at its discretion, grant an extension of time. The extended time shall be limited to the repair, rehabilitation or demolition of the building and will not in any way affect the time to bring an action in a court of competent jurisdiction.

(Ord. No. 564, 11-8-10)

Thirty days after the passage of the resolution or motion, if the repair, rehabilitation or demolition has not been commenced, the city shall be deemed to have acquired jurisdiction to abate such nuisance by repair, rehabilitation or demolition.

A. The building official shall cause the building or buildings described in such resolution or motion to be vacated by posting at each entrance thereto a notice reading:

DANGER THIS STRUCTURE IS DEEMED UNSAFE DO NOT OCCUPY BUILDING OFFICIAL OF THE CITY OF MORRO BAY (Signed) ____________________________

No person shall use or occupy any building upon which has been posted at each entrance door thereto a notice as prescribed in this subsection from and after the date of such posting until such building shall be restored to a condition of safety and stability, as required by the order of the building official, except that entry may be made to repair, demolish or remove such building. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official has been completed and a certificate of occupancy issued pursuant to the provisions of the building code.

B. The city administrator shall have the power, in addition to any other remedy provided in this chapter, to cause the building to be repaired to the extent reasonably necessary to correct the conditions which render the building dangerous as set forth in the resolution or motion, or, if the resolution or motion shall have directed demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning of the lot, shall be paid to the person or persons lawfully entitled thereto.

(Ord. No. 564, 11-8-10)

Whenever any work or repair or demolition is to be done pursuant to Section 14.40.230, the city administrator shall issue an order therefor to the city engineer and the work shall be accomplished by city personnel or by private contract under the direction of the engineer. Plans and specifications may be prepared by the city engineer, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary.

(Ord. No. 564, 11-8-10)

The city engineer shall keep an itemized account of the net expense incurred by the city in the repairing or demolishing of any building. Upon the completion of the work or repair or demolition, the city engineer shall prepare and file with the city clerk a report specifying the work done, with itemized net cost of the work in accordance with the Master Fee Schedule, and a description of the real property upon which the building or structure is or was located.

(Ord. No. 564, 11-8-10)

Upon receipt of the report, the city clerk shall present it to the city council for consideration. The city council shall fix a time, date and place for hearing the report and any protests or objections thereto. The city clerk shall cause notice of the hearing to be posted upon the property involved, published once in a newspaper of general circulation in the city, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appear on the last equalized assessment roll of the county, if such so appear, or as known to the clerk. Such notice shall be given at least ten days prior to the date set for hearing and shall specify the day, hour and place when the council will hear and pass upon the engineer's report, together with any objections or protests which may be filed as provided in this chapter by any person interested in or affected by the proposed charge.

(Ord. No. 564, 11-8-10)

Any persons interested in or affected by the proposed charge may file written protests or objections with the city clerk at any time prior to the time set for the hearing on the report of the engineer. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The city clerk shall endorse on every such protest or objection the date it was received by him. He shall present such protests or objections to the city council at the time set for the hearing, and no other protests or objections shall be considered.

(Ord. No. 564, 11-8-10)

Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the engineer together with any such objections or protests. The council may make such revision, correction or modification in the report or the charge as it may deem just; and when the council is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the city council on the report and the charge, and on all protests or objections, shall be final and conclusive.

(Ord. No. 564, 11-8-10)

The city council may thereupon order that the charges be assessed against the property, to be recorded on the assessment roll, and thereafter the assessment shall constitute a special assessment against and a lien upon the property.

All such assessments remaining unpaid thirty days, as deemed appropriate by the council, from the date of recording on the assessment roll, shall become delinquent and shall bear interest at the rate of ten percent per year from and after said date.

(Ord. No. 564, 11-8-10)

The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.

(Ord. No. 564, 11-8-10)