Redondo Beach Municipal Code Art. 2 Notice and Order to Abate

When the Building Official has inspected or caused to be inspected any building, structure or parcel of land and has determined that it is imminently hazardous, he or she shall issue a notice and order to the record owner thereof which shall contain:

(a) The street address and, if obtainable, a legal description sufficient for identification of the premises upon which the building or structure, if any, is located;

(b) A statement that the Building Official has found the building, structure or parcel of land to be imminently hazardous with a brief and concise description of the conditions found to render the building, structure or parcel imminently hazardous;

(c) A statement of the action required to be taken as determined by the Building Official.

(1) If the Building Official has determined that the building, structure or parcel of land must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time and completed within such time as the Building Official shall determine under all of the circumstances.

(2) If the Building Official has determined that the building, structure or parcel of land must be vacated, the order shall require that such premises or portion thereof shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable.

(3) If the Building Official has determined that the building or structure must be demolished, or such parcel of land regraded, excavated, shored, recompacted or other work performed thereon the order shall require that the affected premises be vacated within such time as the Building Official shall determine is reasonable, that all required permits be secured therefor and that the work be completed and the materials, rubble and debris therefrom removed and the lot cleared, within such time as the Building Official shall determine is reasonable;

(d) Statements advising that if any required repair or demolition work or regrading, excavation, shoring or recompaction (without vacation also being required) is not commenced within the time specified, the Building Official: (1) will order the premises vacated and posted to prevent further occupancy until the work is completed, and (2) may proceed to cause the work to be done and charge the costs thereof against the property or its owner;

(e) A statement, except in case of immediate abatement as described in Article 5 of this chapter, that if a written appeal from the notice and order or any part thereof, signed by the owner of record or his or her representative authorized to accept service of process (hereinafter called the authorized agent), encumbrancer, lien holder, lessee or other person having an interest of record in the property in accordance with the provisions of Section 9-21.208, is filed with the Building Official within five days after service of the notice and order on such person, the Board of Appeals will hold a hearing thereon as provided in Section 9-21.209 herein.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

Service of the notice and order shall be made upon the record owner of the property, based on the last equalized assessment roll or the supplemental roll, whichever is more current in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure. If the owner of record, after diligent search cannot be found, the notice and order may be served by: (1) mailing a copy thereof to the owner by certified mail, postage prepaid, return receipt requested, and (2) posting a copy thereof in a conspicuous place upon the property for a period of five days, and (3) publication thereof in a newspaper of general circulation published in Los Angeles County pursuant to Section 6062 of the California Government Code.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

(a) A copy of the notice and order shall be served on each of the following if known to the Building Official or disclosed from the County Recorder's 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, service shall be made on the occupant(s) of the property, if any.

(b) Service shall be made upon all such persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the County Recorder's records or as known to the Building Official; provided, however, that the occupant(s) shall be served by personal service. If no address of any such person so appears or is known to the Building Official, 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.

(c) 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 herein provided shall be effective on the date of mailing.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

A copy of the notice and order shall be posted on the property, if feasible. If an occupied building is required to be vacated, notice of vacation shall also be posted as provided in Section 9-21.206.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

Proof of personal service of the notice and order and proof of posting of the notice and order shall be certified to at the time of service or posting by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service or posting was made. In case of service by certified mail, the card returned in acknowledgment of receipt, if any, shall be retained by the Building Official as evidence of service.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

If an imminently hazardous building required to be vacated is occupied, the Building Official shall post notice of vacation on such building at least three days prior to the effective date of the order.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the Building Official may grant an extension of time therefor if the Building Official determines that such an extension of time will not unduly perpetuate the situation imminently hazardous to life, health or safety.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

(a) An appeal may be taken from the notice and order in accordance with the provisions of Chapter 5 (except Section 504) of the Uniform Code of the Uniform Code for the Abatement of Dangerous Buildings as set forth in the 1991 or later editions thereof; provided, however, that:

(1) The appeal shall be filed within five days from the date of the service of the notice and order or action of the Building Official, which time limit shall apply regardless of whether vacation of the building has been ordered;

(2) The date fixed for the hearing of the appeal shall be not less than five nor more than 10 days from the date the appeal was filed, and written notice thereof shall be given at least three days prior to the date of the hearing;

(3) Except for vacation orders made pursuant to Section 9-21.303, enforcement of any notice and order of the Building Official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

(b) The appellant shall pay a fee to the Secretary of the Board at the time of filing the appeal. Such fee shall be equal to the fee for filing appeals to the Handicapped Access Appeals Board, which is set by City Council Resolution. Payment of the fee shall be a condition of the validity of the appeal.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

The Board of Appeals shall conduct the hearing on the appeal and make its decision in accordance with the provisions of Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings as set forth in the 1991 or later editions thereof; provided, however, that the Board shall not use hearing examiners to conduct the hearing. The Board shall adopt regulations establishing procedural rules and criteria for carrying out its duties which are not in conflict with the provisions of said Chapter 6.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)

(a) Unless an appeal has been taken and a decision made by the Board of Appeals pursuant to the provisions of Sections 9-21.208 and 9-21.209, the order of the Building Official is final and conclusive.

(b) The decision of the Board of Appeals shall be final and conclusive. There shall be no appeal from its decision to the Mayor and City Council.

(§ 1, Ord. 2688 c.s., eff. May 6, 1993)