Poway Municipal Code Ch. 4 Notices and Orders of Director

General. Sec. 401.

(a)	Commencement of Proceedings. Whenever the Director of Development Services has inspected or cause to be inspected any building and has found and determined that such building is a dangerous building, the Director may commence proceedings to cause the repair, vacation or demolition of the building.
(b)	Notice and Order. The Director of Development Services shall issue a notice and order directed to the record owner of the building. If readily available, the notice and order shall contain:
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 Director of Development Services has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code.
3.	A statement of the action required to be taken as determined by the Director of Development Services.
(i)	If the Director of Development Services has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Director of Development Services shall determine is reasonable under all of the circumstances.
(ii)	If the Director of Development Services has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Director of Development Services to be reasonable.
(iii)	If the Director of Development Services has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Director of Development Services shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the Director of Development Services shall determine is reasonable.
4.	Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Director of Development Services:
(i)	will order the building vacated and posted to prevent further occupancy until the work is completed, and
(ii)	may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5.	Statements advising:
(i)	that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Director of Development Services to the Hearing Officer in accordance with Chapter 2.20 , provided the appeal is made in writing as provided in this code and filed with the city clerk within 10 days from the date of service of such notice and order; and
(ii)	that 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 by mail upon the record owner or posted on the property.
(d)	Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either by mailing a copy of such notice and order by first class mail, postage prepaid, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the Director of Development Services. If no address of any such person so appears or is known to the Director of Development Services, then a copy of the notice and order shall be so mailed, addressed to such person, at 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 mail in the manner herein provided shall be effective on the date of mailing.
Recordation of Notice and Order.	Recordation of Notice and Order.
Sec. 402. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the Director of Development Services may 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. 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 Director of Development Services 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.
Repair, Vacation and Demolition.	Repair, Vacation and Demolition.
1.	In addition to any other remedy authorized by law, any building declared a dangerous building under this code shall be made to comply with one of the following.
(i)	The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair.
(ii)	The building shall be demolished; or
(iii)	If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.
2.	If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
Notice to Vacate.	Notice to Vacate.
Sec. 404. (a) Posting. Every notice to vacate shall, in addition to being served as provided in Section 401(c), be posted at or upon each exit of the building and shall be substantially the following form.
DO NOT ENTER	DO NOT ENTER
UNSAFE TO OCCUPY	UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building or to remove or deface this notice.
Director of Development Services, the City of Poway
(b)	Compliance. Whenever such notice is posted, the Director of Development Services shall include a notification thereof in the notice and order issued by him or her under Subsection (b) of Section 401, 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 repair, demolish or remove such building under an active 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 provisions of the Building Code.

(Ord. 827 § 3 (Exh. 1), 2019)

§ 15.32.080. Chapter 5 amended.¶

Chapter 5 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

CHAPTER 5
APPEAL
General.
Section 501 Form of Appeal. Any person entitled to service under Section 401(c) may appeal any notice and order or any action of the Director of Development Services under this code in accordance with Chapter 2.20 of the Poway Municipal Code.
Effect of Failure to Appeal.
Section 502. Failure of any person to file an appeal in accordance with the provisions of Section 501 shall constitute a waiver of that person’s right to an administrative hearing and adjudication of the notice and order, or any portion thereof.
Staying Order Under Appeal.
Section 503. Except for vacation orders made pursuant to Section 403, enforcement of any notice and order of the Director of Development Services issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, unless the Director of Development Services determines that good cause exists to proceed with enforcement.

(Ord. 827 § 3 (Exh. 1), 2019)

Exceptions & meaning →

§ 15.32.090. Chapter 6 deleted.¶

Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings is deleted from the code.

(Ord. 827 § 3 (Exh. 1), 2019)

Exceptions & meaning →

§ 15.32.100. Chapter 7 amended.¶

Chapter 7 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

Exceptions & meaning →