Pomona Municipal Code § 74-172 Purpose and scope

Footnotes:

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Cross reference— Environment, ch. 18.

(a) For the purpose of this article, certain terms, phrases, words and their derivatives shall be construed as specified in either this article or as specified in the California Building Code or the housing code.

(b) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building code means the California Building Code.

Dangerous building means any building, structure or portion thereof that has any or all of the following conditions or defects, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants are endangered:

(1) Any door, aisle, passageway, stairway, stair rails, guardrails, or other required means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit.

(2) The walking surface of any aisle, passageway, stairway, floor or floor covering is so warped, worn, loose, torn or otherwise unsafe as not to provide safe and adequate means of passage.

(3) The stress in any structural materials, member or portion thereof, due to all dead and live loads, is more than 1½ times the working stress allowed in the building code for new buildings of similar structure, purpose or location.

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

(5) 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.

(6) 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 as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.

(7) 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 earthquake than is required for similar new construction.

(8) The building or structure or any portion thereof is likely to partially or completely collapse because of:

a. Dilapidation, deterioration or decay;

b. Faulty construction;

c. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

d. The deterioration, decay or inadequacy of its foundation; or

e. Any other cause.

(9) For any reason, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is being used.

(10) The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-half of the base.

(11) The building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members or 50 percent damage or deterioration of its nonsupporting members, enclosing walls or coverings.

(12) The building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to:

a. Become an attractive nuisance to children;

b. Become a harbor for vagrants or criminals; or

c. Enable persons to resort thereto for the purpose of committing unlawful acts.

(13) Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities, or (iii) weather-resisting qualities or characteristics required by law for a newly constructed building of like area, height and occupancy in the same location.

(14) A building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement or inadequate light, air or sanitation facilities is determined by the building official or the health officer to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.

(15) Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause is determined by the building official or the fire marshal to be a fire hazard.

(16) Any building or structure is in such a condition as to constitute a public nuisance.

(17) Any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(Code 1959, §§ 5-8, 5-9; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

Cross reference— Definitions generally, § 1-2.

(a) Purpose. It is the purpose of this article to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the building or housing code or otherwise available at law, whereby:

(1) Buildings or structures which, from any cause, endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished;

(2) Provision is made for the abatement of any hazardous condition on private property; and

(3) Provision is made to protect a structure from vandalism, burglary or other unlawful acts.

(b) Scope. This article shall apply to all dangerous buildings which are in existence or which may become dangerous.

(Code 1959, § 5-1; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

All buildings or structures which are required to be repaired under this article shall be subject to the provisions of the administrative part of the building code which are applicable to existing buildings and structures.

(Code 1959, § 5-2; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) Authorization and inspection. The building official or his authorized representative is hereby authorized to make such inspections and take such actions as may be required to enforce this article. The building official or his authorized representative is hereby given summary power to secure from entry any structure or to abate any hazardous condition upon private property which, after his inspection, he determines to be immediately dangerous to the public health or safety. He may use any method which, in his judgment and discretion, will be sufficient to safeguard the life, health and safety of the public or protect the structure from vandalism, burglary or other unlawful acts. He shall post the building as set forth in section 74-182 and shall notify the record owner as set forth in section 74-179.

(b) Right of entry. Whenever necessary to make an inspection to enforce any of the sections of this article or whenever the building official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official may enter such building or premises at all reasonable times to inspect the building or premises or to perform any duty imposed upon the building official by this article. However, if such building or premises be occupied, he shall first present proper credentials and request entry; if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

When the building official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as provided in this section, to promptly permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this article.

(c) Definition. The term "authorized representative," as used in this section, shall include the health officer, the fire marshal, the building official and/or their authorized inspection personnel.

(Code 1959, § 5-3; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part); Ord. No. 3450, § 1 (part))

All buildings or portions thereof which are determined, after inspection by the building official, to be dangerous are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in section 74-179.

(Code 1959, § 5-4; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

State Law reference— Authority to define nuisance, Government Code § 38771.

It shall be unlawful and a misdemeanor for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit such to be done in violation of this article.

(Code 1959, § 5-5; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

All buildings or structures within the scope of this article and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this article and the California Building Code.

(Code 1959, § 5-6; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

The city manager shall hear all appeals under this article. Appeals shall be processed in accordance with section 74-183(a).

(Code 1959, § 5-7; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) Commencement of proceedings. Whenever the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the building.

(b) Notice and order. The building official shall issue and serve by certified mail a notice and order directed to the record owner and all interested parties, as set forth in subsection (c) of this section, of the building. The notice and order shall contain the following:

(1) The street address and a legal description sufficient for identification of the premises upon which the building is located.

(2) A statement that the building official has found the building to be dangerous with a brief and concise description of the specific conditions found to render the building dangerous under section 74-171.

(3) A statement of the action required to be taken, as determined by the building official, as follows:

a. If the building official has determined that the building or structure must be repaired, the order shall require that all necessary permits be secured therefor and the work physically commenced within such time, not to exceed 30 days from the date of the order, and completed within such time as the building official shall determine is reasonable under all of the circumstances.

b. If the building official has determined that the building or portion thereof must be vacated, the order shall require those portions to be vacated within a time certain from the date of the order as determined by the building official to be reasonable.

c. If the building official has determined that the building or structure must be demolished, the order shall require that:

1. The building be vacated within such time as the building official shall determine is reasonable, not to exceed 60 days from the date of the order;

2. All required permits be secured therefor within 60 days from the date of the order; and

3. The demolition be completed within such time as the building official shall determine is reasonable.

(4) Statements advising that if any required repair or demolition work, without vacation also being required, is not commenced and completed within the time specified, the building official:

a. Shall order the building vacated and posted to prevent further occupancy until the work is completed; and

b. May proceed to cause the work to be done and charge the costs thereof against the property or its owner.

(5) Statements advising that:

a. Any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the city manager, provided the appeal is made in writing as provided in this article and filed with the building official within 15 days from the date of such notice and order; and

b. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(c) Service of notice and order. The notice and order and any amended or supplemental notice and order shall be served upon the record owner and posted on the property; one copy thereof also shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required to be served shall not invalidate any proceedings under this article as to any other person duly served or relieve any such person from any duty or obligation imposed on him by this section.

(d) Method of service. 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, return receipt requested, postage prepaid, to each such person at his address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, a copy of the notice and order shall be so mailed to the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided in this subsection shall be effective on the date of mailing.

(Code 1959, § 5-10; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part); Ord. No. 3450, § 1 (part))

The building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a dangerous building, and (ii) that the owner has been so notified at the time he issues and serves the notice and order described in section 74-179. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.

(Code 1959, § 5-11; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part); Ord. No. 3492, § 1)

The following standards shall be followed by the building official in ordering the repair, vacation or demolition of any dangerous building or structure:

(1) Any building declared a dangerous building under this article shall either be repaired in accordance with the building code or shall be demolished at the option of the building owner.

(2) If the building or structure is in such condition as to make it immediately dangerous to life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.

(Code 1959, § 5-12; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) Posting. Every notice to vacate given under this article shall, in addition to being served as provided in section 74-179(d), be posted at or upon each exit of the building and shall be in substantially the following form:

DO NOT ENTER UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

Building Official City of Pomona

(b) Compliance. Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued by him under section 74-179(b), reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to inspect, repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the building code. Any person violating this subsection shall be guilty of a misdemeanor.

(Code 1959, § 5-13; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) Form. Any person entitled to service under section 74-179 may appeal from any notice and order or any action of the building official under this article by filing at the office of the building official a written appeal containing the following:

(1) The names of all appellants participating in the appeal.

(2) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.

(3) A brief statement describing the specific order or action protested, together with any material facts claimed to support the contentions of the appellants.

(4) A brief statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.

(5) The signatures of all parties named as appellants or their representatives and their mailing addresses.

The appeal shall be filed within 15 days from the date of such order or action of the building official.

(b) Processing of appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it to the city manager who shall designate the hearing officer of such appeal.

(c) Scheduling and notice for hearing. As soon as practicable after receiving the written appeal, the hearing officer shall fix the date, time and place for hearing the appeal. Such date shall be not less than ten days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given to each appellant at least ten days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

(Code 1959, § 5-14; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part); Ord. No. 3450, § 1 (part))

Failure of any person to file an appeal in accordance with section 74-183(a) shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof.

(Code 1959, § 5-15; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal under this article.

(Code 1959, § 5-16; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

Except for a vacation order made pursuant to section 74-179(b)(3)c., enforcement of any notice and order of the building official issued under this article shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(Code 1959, § 5-17; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part); Ord. No. 3450, § 1 (part))

(a) Reasonable dispatch. Under this article the hearing officer shall proceed with reasonable dispatch to conclude any matter before him. Due regard shall be shown for the convenience and necessity of any parties or their representatives. He may grant continuances for good cause shown.

(b) Record. A record of the entire proceedings shall be made by tape recording or by other means of permanent recording determined to be appropriate by the hearing officer or by a certified shorthand reporter. The costs of the certified shorthand reporter shall be an administrative cost under section 74-196 if the hearing officer determines that the building involved in the proceeding is a nuisance.

(c) Transcript. A transcript of the proceedings shall be made available to all parties upon request and upon the payment of the costs therefor.

(d) Oaths; certifications. In any proceedings under this section, the hearing officer has the power to administer oaths and affirmations and to certify to official acts.

(Code 1959, § 5-18; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part); Ord. No. 3492, § 2)

The notice to the appellant of the hearing under this article shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held before (name) , the Hearing Officer appointed by the City Manager, at (place) on ________, ___, at _____ a.m./p.m., upon the Notice and Order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to question 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 items by filing a declaration under penalty of perjury therefor with the Hearing Officer.

(Code 1959, § 5-19; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) Filing of declaration. The hearing officer may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing held pursuant to this article upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of a declaration under penalty of perjury therefor which states the name and address of the proposed witness, which specifies the exact items sought to be produced and the materiality thereof in detail to the issues involved, and which states that the witness has the desired items in his possession or under his control. A subpoena need not be issued when the declaration is defective in any particular.

(b) Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided for in this section shall be guilty of an infraction.

(Code 1959, § 5-20; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) Rules. Hearings held pursuant to this article need not be conducted according to the technical rules relating to evidence and witnesses.

(b) Oral evidence. Oral evidence shall be taken only on oath or affirmation.

(c) Hearsay evidence. 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 action in courts of competent jurisdiction in this state.

(d) Admissibility of evidence. 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.

(e) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.

(f) Rights of parties. Each party shall have the right, among others, to:

(1) Call and examine witnesses on any matter relevant to the issues of the hearing.

(2) Introduce documentary and physical evidence.

(3) Question opposing witnesses on any matter relevant to the issues of the hearing.

(4) Impeach any witness regardless of which party first called him to testify.

(5) Rebut the evidence against him.

(6) Represent himself or be represented by anyone of his choice who is lawfully permitted to do so.

(g) Official notice. Official notice shall be given in accordance with the following:

(1) What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state.

(2) Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed.

(3) Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.

(4) Inspection of premises. The hearing officer may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made; (ii) the parties are given an opportunity to be present during the inspection; and (iii) the hearing officer shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing officer.

(Code 1959, § 5-21; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) Under this article the hearing officer shall, within 15 days from the date the hearing is closed, file a written decision in the office of the city manager.

(b) If the hearing officer determines that the building or portion thereof is dangerous and a nuisance, he shall direct the appellant to commence abatement of the condition within 15 days after the service of the decision and to complete the abatement within 90 days by having the building properly repaired or by having the building razed or removed and notifying the appellant that, if the nuisance is not abated within the time provided, the building will be razed, demolished and removed by the city and the expenses thereof made a lien on the lot or parcel of land upon which the building is located. The alternative abatement of the nuisance by reconstruction and repair shall not be available to the appellant if the repaired building will remain illegal because of violations of other statutes or codes.

(c) The appellant shall obtain, prior to reconstruction or repair, all appropriate building and similar permits. Each such permit shall expire 90 days after the service of the decision.

(d) Such decision shall contain a brief summary of the evidence considered and shall state the hearing officer's findings, conclusions and recommendations and shall set forth that it is subject to Code of Civil Procedure § 1094.6. The decision of the hearing officer shall be final forthwith. A copy of the decision shall be mailed to each party by certified mail. A notarized copy of the decision shall also be filed in the office of the county recorder.

(Code 1959, § 5-22; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part); Ord. No. 3435, § 1; Ord. No. 3450, § 1 (part))

(a) Generally. After any order of the building official or the hearing officer made pursuant to this article shall have become final, no person to whom any such order is directed shall fail, neglect to refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

(b) Failure to obey order. If, after any order of the building official or hearing officer made pursuant to this article has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may:

(1) Cause such person to be prosecuted under subsection (a) of this section; or

(2) Institute any appropriate action to abate such building as a public nuisance.

(c) Failure to commence work. Whenever the required repair or demolition is not commenced within 15 days after any final notice and order issued under this article becomes effective:

(1) The building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading substantially as follows:

DANGEROUS BUILDING DO NOT OCCUPY

It is a misdemeanor to occupy this building or to remove or deface this notice.

Building Official City of Pomona

(2) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the building official have been completed and a certificate of occupancy issued pursuant to the building code.

(3) The building official may, in addition to any other remedy provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order pursuant to section 74-179 or, if the notice and order required demolition, to cause the building to be 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 provided in this article.

(Code 1959, § 5-23; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

Upon receipt of an application from the person required to conform to the order issued pursuant to this article and an agreement by such person that he will comply with the order if allowed additional time, the building official may, at his discretion, grant an extension of time, not to exceed an additional 120 days, within which to complete the repair, rehabilitation or demolition if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal his notice and order.

(Code 1959, § 5-24; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under this article or with any person to whom such building has been lawfully sold pursuant to this article, whenever such officer, employee, contractor or authorized representative; person having an interest or estate in such building or structure; or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building pursuant to this article or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this article.

(Code 1959, § 5-25; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

When any work of repair or demolition is to be done pursuant to section 74-193(c), the building official shall cause the finance department to have the repair or demolition work done pursuant to standard specifications and procedures.

(Code 1959, § 5-26; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

The building official shall keep an itemized account of the expenses incurred, including administrative costs, in the repair or demolition work done pursuant to this article. He shall mail a copy of the accounting to the persons who have interest in the property, together with a notice of the time and place that the statement will be submitted to the city council for confirmation and approval, at which time the council will consider any objection which may be raised by any party involved in the proceeding.

(Code 1959, § 5-27; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

(a) At the time fixed for the hearing of the statement of expense as provided in section 74-196, the city council shall consider the statement together with any objections or protests which may be raised by any of the property owners liable to be assessed for the doing of the work and any other interested person, after which by resolution the report as submitted or as ordered, revised, corrected or modified by the city council shall be confirmed and adopted. If the statement is not paid within five days after the passing of the resolution, it shall constitute a lien on the real property from which the structure was repaired or removed and shall be collected as a special assessment against the real property. The resolution shall further direct that the city clerk shall file with the county auditor and the county tax assessor and tax collector certified copies of the resolution and the statement adopted therein. The clerk shall direct the auditor to enter the amounts of the charges against the real property described in the statement and resolution as it appears on the current assessment roll. The amount of the charges shall constitute a lien against the real property against which the charges have been imposed. The tax collector shall include the amount of the charges on bills for taxes levied against the real property. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment.

(b) If the building official has caused summary abatement as set forth in section 74-174(b), additional methods of ensuring payment of costs incurred by the city are as follows:

(1) If the building is vacant or unoccupied, the building official is authorized to order all utility companies to discontinue utility service and not restore service until authorized by the building official. Notice to the utility companies may be given verbally, and the disconnect order shall be confirmed in written form;

(2) Administrative costs may be recovered:

a. As set forth in subsection (a) of this section; or

b. By increasing the fee charged for the permit to repair or demolish the structure.

(c) When acting pursuant to this section, the city will conform to the procedures in Government Code §§ 38773.1 and 38773.5.

(Code 1959, § 5-28; Ord. No. 3227, § 2 (part); Ord. No. 3369, § 1 (part))

State Law reference— Nuisance abatement authorized, Government Code § 38773.

(a) A certificate of occupancy is required when:

(1) There is a change of use classification within a building or structure. An exception shall exist if a separate building permit for tenant improvements [has] been filed in conjunction with the change in use classification, [and] permit approval may satisfy this requirement.

(b) No alteration to an existing building which changes the floor area of the building or which changes the means of egress from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein.

(c) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein.

(d) Code violations—Disconnection of utilities.

(1) No building or structure shall be occupied, nor shall a business operate without a valid certificate of occupancy. A business operating in a manner inconsistent with its certificate of occupancy is operating in violation of this Code provision.

(2) Violation of this Code provision may result in the disconnection of any or all utilities.

a. The city manager and/or their designee shall have the authority and powers necessary to determine whether a violation of this code exists and the authority to take appropriate action to gain compliance with the provisions of this section. These powers include the power to issue notice of violation(s), the power to assess and collect civil fines and penalties as provided by this section. These include the power to make a determination that a violation exists and disconnect the building or structure's utility services.

b. A building, structure, or business whose utilities have been disconnected shall not have the utilities reconnected until an inspection has been made by the city's building official and the building official has determined that the building complies with this Code.

c. A building or structure that is new construction can likewise not be occupied or its utilities connected until an inspection has been made by the city's building official and the building official has determined that the building complies with this Code.

d. Removing or defacing a notice posted in relation to violations of this Code provision or this code, shall constitute a separate and distinct violation of this Code provision.

e. No building or structure shall be connected with utility services, nor shall a building or structure whose electrical service has been disconnected be reconnected with electrical service until an inspection has been made and the building official has determined that the building does not constitute an unsafe building.

(Ord. No. 4338, § 3, 11-6-2023; Ord. No. 4341, § 3, 11-20-2023)

(a) No person, firm, or corporation, whether as principal, agent, management company, employee or otherwise, shall permit another person, firm, or corporation to conduct uses or activities upon real property owned or managed by such person, firm, or corporation where the uses or activities are in violation of this Municipal Code or any state law. A person, firm or corporation shall be deemed to be permitting such violation if they have been notified in writing that the tenant or person, firm or corporation using their real property is doing so in violation of the law. A person, firm or corporation who is notified in writing that there is an illegal use on their property shall take immediate steps to cause the illegal uses or activities to cease. Every act prohibited or declared unlawful in this section, and every failure to perform an act in this section, shall be a misdemeanor or an infraction, at the discretion of the city attorney or city prosecutor or the district attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in this Municipal Code and/or under state law. Any provision of this section may be enforced by civil injunction issued by the superior court upon a suit brought by the city.

(b) As part of a civil action filed to enforce provisions of this chapter, this city may ask a court to assess a civil penalty of $2,500.00 per violation for each day during which any person, firm or corporation commits, continues, allows, or maintains a violation of any provision of this section. This provision shall be enforceable upon the property owner for failure to comply with the provisions of this section.

(Ord. No. 4338, § 4, 11-6-2023; Ord. No. 4341, § 4, 11-20-2023)