§ 8-17

This chapter shall be known as the Ontario Health and Safety Systematic Inspection Program Ordinance, a portion of the Ontario Municipal Code, and wherever the phrase "this chapter" is used it shall mean the Ontario Health and Safety Systematic Inspection Program Ordinance. Whenever the phrase "this title" is used, it shall mean Title 8 of the Ontario Municipal Code. (§ 1, Ord. 2894, eff. July 17, 2008)

Words and phrases not defined herein shall be construed as defined in this Code, if defined therein. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section. (a) "Code" shall mean the City of Ontario Municipal Code, including, without limitation, the Uniform Codes adopted within this title. (b) "Department" shall mean the particular City Department designated by the City Manager. (c) "City Manager" shall mean the City Manager, or his or her respective designee(s). (d) "Property" shall mean those properties, or those properties on which certain building types, uses, or occupancies exist, or those properties within those certain districts, all as are identified from time to time by City Council resolution. (§ 1, Ord. 2894, eff. July 17, 2008)

The provisions of this chapter shall apply to such properties, building types, uses, occupancies, and districts within the City as may, from time to time, be subjected to inspection, as set forth by City Council resolution. (§ 1, Ord. 2894, eff. July 17, 2008)

All Properties subject to the provisions of this chapter shall be subject to routine inspection by the Department. The regularity of such routine inspections shall be established by City Council resolution. Inspections may also be complaint-based or as a follow-up to a previous inspection. (§ 1, Ord. 2894, eff. July 17, 2008)

Owners of all Properties subject to inspection shall pay a service fee for any inspection of such property. The City Council shall, by resolution, establish and, from time to time, adjust, the service fee. Liability for payment of the service fee shall be the joint and several liability of the several (if any) owners of any property subject to inspection. (§ 1, Ord. 2894, eff. July 17, 2008)

Each property shall be inspected in accordance with an inspection schedule as established from time to time by resolution of the City Council. (§ 1, Ord. 2894, eff. July 17, 2008)

The City Manager is hereby authorized to call upon the Chief of the Fire Department, the Chief of Police, and all other City officers, employees and Departments to aid and assist him or her in the enforcement of this chapter, and it shall then be their duty to enforce the provisions of this chapter as may come within their respective jurisdictions. (§ 1, Ord. 2894, eff. July 17, 2008)

The City Manager shall have the power to render interpretations of this chapter and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. These interpretations, rules and regulations shall be in conformity with the intent and purpose of this chapter and shall be based on protection of the health, safety and welfare of the citizens of the City. Without limiting the nature of the foregoing, such rules and supplemental regulations may include, without limitation, methods for determining whether any property is subject to this chapter, including, without limitation, through City and other public records or the use of written statements, signed by property owners under penalty of perjury declaring whether or not property owned by such owner is subject to this chapter. Such rules and regulations may also include provisions concerning the administration of this chapter's requirement that owners of property subject to the provisions of this chapter register such property with the City. (§ 1, Ord. 2894, eff. July 17, 2008)

Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter or other applicable law, or whenever the City Manager has reasonable cause to believe that there exists in any Property any violation of the provisions of this Chapter or other applicable law, or any condition that makes the Property hazardous, substandard, unsafe or dangerous, or a public nuisance, the City Manager is hereby authorized to

enter the Property at any reasonable time and to inspect it and perform any function authorized by this Chapter or other applicable law, including any resolution of the City Council. (§ 1, Ord. 2894, eff. July 17, 2008)

(a) The Department shall mail to the property owner, as shown on the latest equalized assessment roll, a "service fee notice", requesting payment for the applicable service fee. (b) It shall be unlawful for any person to fail to pay the applicable service fee when due. If the owner fails to pay the service fee, as specified in this chapter, within forty-five (45) days of mailing the service fee notice, in addition to any other remedy authorized by law, the amount of the unpaid service fee, plus any penalties and accrued interest, shall constitute a personal debt and obligation of such owner and shall be made a proposed lien against the property that is the subject of the enforcement activity. The amount of the proposed lien may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien. If the City chooses to collect the service fee, late fees and penalties specified in this chapter through a special assessment, the notices shall be in accordance with § 1-4.05. (c) In addition to the remedies set forth herein or otherwise provided for by law, the obligation to pay any unpaid service fee, plus any penalties and accrued interest, shall constitute a personal obligation of any owner of property subject to this chapter. Such obligation may be recovered against such property owner through a suit instituted by the City or its authorized collection agent, or in any other manner provided for by law. In any such action, the City shall be entitled to recover, in addition to the service fee and any penalties and interest accruing thereon, costs of suit, including the City's reasonable attorneys' fees. (§1, Ord. 2894, eff. July 17, 2008, as amended by § 5, Ord. 2920, eff. May 20, 2010)

(a) In addition to the remedies provided by this chapter or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this chapter or any misrepresentation of any owner signed under penalty of perjury, or any violation of any rule or regulation adopted by the City Manager pursuant to this chapter, shall be deemed unlawful and a per se public nuisance and may be enjoined or abated by the City by means of a civil action or administrative abatement pursuant to Title 5-22 of this Code, and each day such condition continues shall be regarded as a new and separate offense. (b) Except in cases where a different punishment is specifically prescribed elsewhere in this chapter, every violation of this chapter shall constitute a misdemeanor offense, punishable in accordance with § 1-2.01(c); provided, that where the City Attorney determines that such action would be in the interests of justice, the City Attorney may specify in the accusatory pleading (or the citing officer in a Notice to Appear) that the offense shall be an infraction, punishable in accordance with § 1-2.01(b). (c) If any property owner fails to pay the service fee, as specified in this chapter, within forty-five (45) days of mailing such service fee notice, a penalty shall be assessed equal to two times the required fee, plus accrued interest on such amount (including any penalty) at a rate of ten percent (10%) per annum commencing as of the date of the mailing of the service fee notice until paid. (§ 1, Ord. 2894, eff. July 17, 2008)

CHAPTER 18: SEISMIC SAFETY MITIGATION PROGRAM FOR UNREINFORCED MASONRY BUILDINGS

CHAPTER 18: SEISMIC SAFETY MITIGATION PROGRAM

FOR UNREINFORCED MASONRY BUILDINGS

Section 8-18.010 Purpose 8-18.020 Applicability 8-18.030 Definitions 8-18.040 URM Buildings Hazard Mitigation Process 8-18.050 Structural analysis assessment 8-18.060 Engineering analysis required 8-18.070 Time period for compliance/priority designation 8-18.080 Removal of building from city’s URM list 8-18.090 Extensions 8-18.100 Occupancy and tenant advisory 8-18.110 Information required on plans 8-18.120 Observation/inspection 8-18.130 Violation/penalty for non-compliance 8-18.140 Appeal of retrofit 8-18.150 Remedies 8-18.160 Recovery of penalties 8-18.170 Severability