Chapter 15.17 — SUBSTANDARD HOUSING, UNSAFE STRUCTURES, AND UNSAFE USE OF PROPERTY

—NUISANCES[4]

Editor's note— Ord. No. 377, §§ 1, 2, adopted Oct. 28, 2015, repealed the former Ch. 15.17, §§ 15.17.010 —15.17.140, and enacted a new Ch. 15.17 as set out herein. The former Ch. 15.17 pertained to similar subject matter and derived from Ord. 296 § 3(part), 2000.

The following conditions are in addition to the public nuisances described in the city's nuisance abatement ordinance as set forth in Chapter 7.07 of this code.

A.

Any property or portion thereof which, as the result of the development, use, and/or conditions created thereon, has become unsafe, injurious to health, indecent, offensive to the senses, or which unlawfully obstructs free passage or use in the customary manner of any city park, street, or highway, or which constitutes a fire hazard;

B.

Any dangerous building or structure; and

C.

Any substandard housing or dwelling.

(Ord. No. 377, §§ 1, 2, 10-28-2015)

For the purpose of this chapter, the words set out in this section shall have the following meanings:

A.

"Abandoned building or structure" means any building or structure which has not been actively utilized for a lawful purpose, which has not been maintained, and which has not been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than six months.

B.

"Dangerous building or structure" means that the condition or defect hereinafter described exists to the extent that life, health, property or safety of the public or its occupants are endangered:

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the city building code for new buildings of similar structure, purpose, or location;

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less that it was before such catastrophe and is less than the minimum requirements of the city building code for new buildings of similar structure, purpose, or location;

Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the city building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the city building code for such buildings;

Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;

Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, fifty percent damage or deterioration of its non- supporting members, enclosing or outside walls or coverings;

Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated through lack of maintenance, as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the strength, fire resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the enforcement officer, to be unsanitary, unfit for human habitation or in such condition that is likely to cause sickness or disease;

Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, faulty gas connections or heating apparatus, faulty construction, or other cause, is determined to be a fire, health, or safety hazard;

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;

Whenever any building or structure is abandoned.

C.

"Substandard housing" and/or "unsafe use of property" means, in addition to the conditions described in subsections 1 through 4 above, and the definition of "substandard building" as set forth in the State of California Health and Safety Code Section 17920.3, as amended, that one or more of the following conditions or defects are present in a dwelling unit, guest room, suite of rooms or the premises on which the same are located; or a condition created on the property through use of the property, which are ordinarily and customarily used for human habitation, to the extent that life, limb, health, safety, or property of the occupants or the public are in danger:

Inadequate sanitation, which shall include but not be limited to the following:

a.

Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit;

b.

Lack of or improper water closet, lavatories, and bathtubs or showers per number of guests in a hotel;

c.

Lack of or improper kitchen sink;

d.

Lack of hot and cold running water to plumbing fixtures in a hotel;

e.

Lack of hot and cold running water to plumbing fixtures in a dwelling unit;

f.

Lack of adequate heating facilities;

g.

Lack of or improper operation of required ventilation equipment;

h.

Lack of minimum amounts of natural light and ventilation as required by Title 15 of this code;

i.

Room and space dimensions less than required by Title 15 of this cod;

j.

Lack of required electrical lighting;

k.

Excessive dampness in habitable rooms;

l.

Excessive infestation of insects, vermin, or rodents;

m.

General dilapidation;

n.

Lack of connection to functional sewage disposal system;

o.

Discharge of sewage on the surface of the ground; and

p.

Lack of an adequate and safe water supply.

Structural hazards, which include but are not limited to the following:

a.

Deteriorated or inadequate foundations;

b.

Defective or deteriorated flooring or floor supports;

c.

Flooring or floor supports of insufficient size to carry imposed loads with safety;

d.

Members of walls, partitions or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;

e.

Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;

f.

Members of ceiling, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration;

g.

Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

h.

Fireplaces or chimneys which list, bulge, or have settled due to defective materials or deterioration;

i.

Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety; and

j.

Cesspools and septic tanks which are structurally unsound.

Hazardous wiring;

Hazardous plumbing, which includes but is not limited to the following:

a.

Any trap which is defective, unprotected against siphonage and back pressure by vent pipe or does not have a functional sanitary trap seal;

b.

Any plumbing fixture or other waste-discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition; and

c.

Any other plumbing condition which is sanitarily unsafe to any person who may occupy the building.

Hazardous mechanical equipment;

Faulty weather protection, which includes but is not limited to the following:

a.

Deteriorated, crumbling, or loose plaster;

b.

Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors;

c.

Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering; and

d.

Broken, rotted, split, or buckled exterior wall or roof coverings.

Fire hazard, which shall mean any building (or portion thereof), device, apparatus, equipment, combustible waste vegetation which is likely to provide a ready source of fuel to augment the spread and intensity of a fire or explosion;

Faulty material of construction;

Hazardous or unsanitary premises, which means those premises on which an accumulation of weeds, vegetation, junk, abandoned refrigerators/freezers, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, hazardous materials, and similar materials or conditions which constitute fire, health, or safety hazards;

Inadequate exits;

Inadequate fire-protection or fire-fighting equipment, which means all buildings or portion thereof which are not provided with the fire-resistive construction or fire-extinguisher systems or whose fire-resistive integrity and fire-extinguishing systems or equipment have not been adequately maintained and improved in relation to any increase in occupant load, alteration, addition, change in occupancy, or change in use;

The presence, disposals, releases or threatened releases of hazardous substances, or hazardous wastes, on from, or under the property. The terms "disposal," "releases," "threatened release," "hazardous substances" and "hazardous wastes" shall have definitions assigned thereto by the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, as amended. Also including all hazardous materials that is defined by the State of California Health and Safety Code Sections 25117 and 25124;

Overcrowding as defined by the Uniform Housing Code.

(Ord. No. 377, §§ 1, 2, 10-28-2015)

The city's nuisance abatement ordinance as set forth in Chapter 7.07 of this code shall apply to enforcement of public nuisance conditions described in this chapter.

(Ord. No. 377, §§ 1, 2, 10-28-2015)