Portola Valley Municipal Code Ch. 15.26 Post-Disaster Demolition

This chapter establishes demolition criteria for all buildings or structures damaged as a result of a disaster for which a local emergency has been declared by the town council.

(Ord. 1999-317 § 2 (part), 1999)

The provisions of this chapter are applicable to all buildings and structures regulated by the town.

(Ord. 1999-317 § 2 (part), 1999)

For the purpose of this chapter, the following definitions shall apply:

A. "Emergency" means any occurrence, which results in the declaration of an emergency by the town council, including but not limited to, severe storms, earthquakes and floods.

B. "Historic building or structure" means any building or structure included on a national, state or county historic register or in the historic element of the town's general plan.

(Ord. 1999-317 § 2 (part), 1999)

A. Determination. Within ten days of the emergency, any building or structure determined by the building official either to pose an off-site threat or hazard to public health and safety, or to the public right-of-way, may be condemned and immediately demolished.

B. Public Nuisance. All buildings or structures or portions thereof which, after inspection by an authorized town official, are determined to pose a threat to the health or safety of the public, its occupants, or any adjacent building or structure will be declared a public nuisance and shall be abated by the owner or town in accordance with the procedure specified in this chapter.

C. Notice and Order. Except as provided below, the building official shall post a placard on the condemned building or structure and notify the property owner by hand-delivery, telephone, facsimile or other reasonable means that the building or structure poses an off-site threat or hazard to public health and safety and, as such, constitutes a public nuisance and must be abated. The town shall also attempt to notify any other party of record with an equitable or legal interest in the property. The notice shall set forth those factors which, in the opinion of the building official, make the building or structure an imminent hazard and danger to off-site property. The notice shall provide that within forty-eight hours from the time of issuance of the notice, the owner or other party of record shall submit an acceptable abatement plan, as defined below, to the building official. Reasonable efforts shall be undertaken by the property owner to allow tenants to remove their contents from the building before any demolition occurs.

D. Immediate Abatement. No prior notice shall be required, if after considering all the facts, the building official determines in writing that the building or structure poses an off-site threat or hazard to public health and safety and as such, must be immediately abated because time and circumstances do not permit prior notice to be given to the owner. Under such circumstances, the Building Official may cause the public nuisance to be immediately abated. If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, shall obtain a demolition permit.

E. Abatement Plan. In those cases where the town provides notice and receives a timely abatement plan, the building official shall review the plan promptly to determine whether the plan is acceptable. To be acceptable, the plan must be reasonably calculated to cause immediate abatement of the public nuisance. If the abatement plan is approved, the owner, his or her designee, or any other interested party of record shall abate the public nuisance in accordance with the order of the building official within twenty-four hours of obtaining approval of the plan. Thereafter, within twenty-four (24) hours of completion of the abatement work, the owner or other interested party of record shall provide the building official with a written certification from the owner's architect, structural or civil engineer which certifies that "the public nuisance," as described in the building official's abatement notice, has been abated.

If the work performed pursuant to the abatement plan amounts to a temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, shall obtain required permits and file a damage assessment report with the building official. The damage assessment report shall be reviewed and approved by the building official before permanent repairs are performed.

In those instances where the property owner or other intersted party either does not respond to the building official's notice of abatement, untimely responds, or timely responds but fails to abate the public nuisance within the required time period, the building or structure posing an off-site threat to the public health or safety shall be subject to abatement by the building official.

F. Suspension of Abatement Work. Notwithstanding any provisions herein to the contrary, the building official is authorized to suspend abatement work by the town, or the town's contractor, and allow the property owner or other interested parties to complete the abatement work.

G. Change of Status. When the conditions making a building or structure an off-site threat to the public health or safety have been abated pursuant to this chapter, the building or structure shall no longer be considered a threat to the public health or safety. However, if the abatement work is temporary in nature, as determined by the building official, the building or structure shall remain subject to the provisions of this chapter.

(Ord. 1999-317 § 2 (part), 1999)

A. Appeal. The property owner or other interested party may make an appeal to the town council regarding the building official's decision which determined that the building or structure posed an off-site threat or hazard to public health and safety. Any such appeal shall indicate the basis of error by the building official, and shall be hand-delivered to the town clerk or the building official within forty-eight hours of the time of issuance of notice, pursuant to this section. No appeal shall be considered filed, or effective, unless the appellant also files a timely abatement plan with the building official. To be considered timely, the abatement plan must be filed within the time required by this section. Failure to appeal within the required forty-eight hours appeal period shall constitute a waiver of the right to appeal to the town council, and the building official's determination and order shall stand.

B. Form of Appeal. All appeals of the building official's notice and order to abate shall:

1. Indicate the basis of error by the building official; and

2. Contain the home telephone numbers, home address, business telephone number and business address of the appellant.

C. Hearing. Upon receipt of a valid appeal, the building official shall schedule an appeal hearing before the town council as soon as possible. The appellant shall be notified of the date, time and place of the hearing as soon as possible. Whenever practicable, the hearing shall be held within forty-eight hours of the time the appeal is filed.

At the hearing, the appellant shall have the right to call witnesses, submit evidence and to cross-examine the witnesses of the town. All witnesses shall be sworn. A record of the entire proceedings shall be made by tape recording. Any relevant evidence may be admitted 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 the courts of this state.

At the close of the hearing, the town council shall act to uphold, overrule or modify the determination and order of the building official. The determination and order of the building official shall be upheld, unless the town council finds, based upon the evidence in the record, that the building official erred in determining that the building or structure poses an off-site threat or hazard to the public health and safety. The decision of the town council with the reasons therefor, may be given orally on the record. If given orally, the decision shall be memorialized in writing and served upon the appellant within twenty-four hours of the time the oral decision is rendered.

If the town council upholds the decision of the building official, the property owner or other interested party of record shall be ordered to abate the public nuisance within the time set forth in the order. If the building or structure is determined not to pose an off-site threat or hazard to the public health and safety, the building official's determination and order shall be vacated. The decision of the town council shall be final on the date it is rendered.

(Ord. 1999-317 § 2 (part), 1999)