Chapter 14.01 — GENERAL PROVISIONS

Unless otherwise expressly provided, the remedies, procedures and penalties and other provisions of this title are cumulative to each other and to any others available under other city ordinances, state law, common law or equity, and nothing in this title shall be read, interpreted or construed in any manner so as to limit any existing right or power of the city to abate any and all nuisances and dangerous conditions including, without limitation, substandard buildings and dangerous buildings.

(Ord. 2005-01 (part))

A.

The health officer, the fire chief, the building official, and their respective designees are authorized to make such inspections and to take such actions as may be required to enforce the provisions of this title.

B.

Those persons entitled to make inspections may enter on premises to make inspections to the extent authorized by law.

(Ord. 2005-01 (part))

A.

All buildings, structures, property or premises which are required to be repaired, demolished, secured or otherwise abated under the provisions of this title shall be subject to the requirements and standards set forth in the Orland Municipal Code or any other code adopted by the city.

B.

All buildings, structures, property or premises within the scope of this title and all construction or work for which a permit is required shall be subject to inspection in accordance with and in the manner provided by applicable provisions of the Orland Municipal Code or any other code adopted by the city.

(Ord. 2005-01 (part))

Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of the Orland Municipal Code or any other code adopted by the city and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.

(Ord. 2005-01 (part))

Any property owner or tenant of property within five hundred (500) feet of an immediately dangerous building, an immediately dangerous condition, a dangerous building or a substandard building or a public nuisance is declared to be damaged thereby.

A.

Any such party may institute a civil action against the property owner or lessee, sublessee or occupant who creates or maintains an immediately dangerous building, an immediately dangerous condition, a dangerous building, a substandard building or a public nuisance to obtain damages and/or require compliance with the requirements of the Orland Municipal Code or any other code adopted by the city. Damages shall include actual damages, costs, attorney's fees and a civil penalty of up to five hundred dollars ($500.00) in addition thereto.

B.

Nothing in this provision shall be construed to limit any other right or remedy otherwise available in law or equity to any party, nor shall this provision in any way limit the city's right to enforcement under any other provision of this code nor shall it create a duty or obligation on the part of the city.

(Ord. 2005-01 (part))

A.

General. The city council shall establish a special revolving fund to be designated as the abatement, repair and demolition fund. Payments shall be made out of the fund upon the demand of the building official or responsible official to defray the costs and expenses which may be incurred by the city in doing or causing to be done the necessary work of abatement, repair, demolition or securement pursuant to this title.

B.

Maintenance of Fund. The city council may at any time transfer to the abatement, repair and demolition fund, out of any money in the general fund or applicable enterprise fund of the city, such sums as it may deem necessary in order to expedite the performance of the work of abatement, repair, demolition or securement, and any sum so transferred shall be deemed a loan to the abatement, repair and demolition fund and shall be repaid out of the proceeds of the collections provided for in this title. All funds collected under the proceedings in this title shall be paid to the city treasurer who shall credit the same to the abatement, repair and demolition fund.

(Ord. 2005-01 (part))

In any action, administrative proceeding or special proceeding to abate a nuisance in which the city elects, at the initiation of the action or proceeding, to seek recovery of its attorneys' fees, the prevailing party in the action or proceeding shall recover its attorneys' fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. "Prevailing party" shall not include a party who complies with a notice of violation issued by the city or an order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for the services of the city attorney or his or her assistant and deputies, calculated based on the effective hourly rate of such attorney. (Ref. Government Code Section 38773.5.)

(Ord. 2005-01 (part))