San Luis Obispo County Municipal Code Ch. 19.80 Substandard and Dangerous Buildings

The abatement of unsafe and dangerous buildings shall be as set forth in the International Property Maintenance Code adopted in Section 19.01.040 of this title, and for the purposes of this chapter may be cited as the "Dangerous Building Code."

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

The International Property Maintenance Code adopted in Section 19.01.040 is modified, amended and/or supplemented as follows:

(1) Amend Section 101.1 to read as follows:

101.1 Title. These regulations shall be known as the Property Maintenance Code of San Luis Obispo County, hereinafter referred to as "this code."

(2) Amend Section 102.3 to read as follows:

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code and other applicable laws and ordinances.

(3) Amend Section 103.1 to read as follows:

103.1 General. The Building Division shall be responsible for property maintenance inspection and the executive official in charge thereof shall be known as the code official.

(4) Amend Section 103.5 to read as follows:

103.5 Fees. The fees for activities and services performed by the code official under this code shall be in accordance with the schedule as established by the applicable governing authority.

(5) Amend Section 107.2 to read as follows:

107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following:

a. Be in writing.

b. Include a description of the real estate sufficient for identification.

c. Include a statement of the violation or violations and why the notice is being issued.

d. Include a correction order allowing a reasonable time to make repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.

e. Inform the property owner of the right to appeal.

f. Include a statement of the right to file a lien in accordance with Section 106.3.

g. In the case of structures used as dwellings, include a statement that in accordance with Sections 17274 and 24436.5 of the California Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in that taxable year for substandard rental housing.

h. In the event the building official requires vacation and repair or vacation and demolition, include a statement that the owner has the choice of demolishing or repairing the dangerous building and that such choice must be submitted to the building official in writing within 10 days of the date of the notice and order, along with a proposed schedule for completing work for consideration and approval by the building official; and that that the building official may require vacation and demolition or may institute any appropriate action or proceeding to cause the building to be vacated, repaired or demolished if any of the following events occur:

1. The repair work is not done in accordance with the schedule approved by the building official.

2. The owner does not make a timely choice of repair or demolition.

3. The owner selects an option which cannot be completed within a reasonable period of time as determined by the building official, for any reason, including, but not limited to, an outstanding judicial or administrative order.

(6) Amend Section 107.3 to read as follows:

107.3 Method of service. Such notice shall be deemed to be properly served if a copy is delivered to:

a. Delivered personally;

b. Sent by certified or first-class mail addressed to the last known address; or

c. If the notice is returned that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

In the case of structures used as dwellings, the notice and order, any amended or supplemental notice and order, and notice of any building or demolition permit issued following the abatement order of the building official shall also be served upon tenants of residential buildings. Such notice may be provided either by first class mail to each affected residential unit or by posting a copy of the notice in a prominent place on the affected residential unit.

(7) Add Section 108.1.5 to read as follows:

108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:

a. Any door, aisle, passageway, stairway, exit or other means of egress does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

b. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

c. Any portion of a building, structure, or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

d. 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 so as to be capable of resisting natural or artificial loads of one and one half the original designed value.

e. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

f. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

g. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure for committing a nuisance or an unlawful act.

h. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life safety.

i. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

j. Any building or structure, because of lack of sufficient or proper fire-resistive construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause is determined by the code official to be a threat to life or health.

k. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

(8) Add Section 109.5.1 to read as follows:

109.5.1 Abatement by County. In the event that the repairs or demolition or vacation necessary to remove or correct the unsafe conditions as set forth in the notice and order served pursuant to this Chapter are not made within the designated time period and an appeal has not been requested, or in the event that the decision of the Board of Appeals is not complied with within the period designated in the decision, the code official may, in addition to any other remedy herein provided, apply to the Board of Supervisors for an order that the County cause the building to be vacated where necessary and repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order or decision of the Board of Appeals or, if the notice and order or decision of the Board of Appeals required demolition, to cause the building to be sold and demolished or 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 hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid to the person or persons lawfully entitled thereto.

Notice of any application to the Board of Supervisors pursuant to this section and any order of the Board of Supervisors issued pursuant to this section shall be served upon the parties set forth in Section 107 of this code and shall be served in the manner provided in Section 107 of this code.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

A building defined as a dangerous building in Section 108.1.5 of the Dangerous Building Code is declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in the Dangerous Building Code.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

The cost of any demolition or repair carried out under the Dangerous Building Code, including the entire cost of the services rendered by the County, shall be charged against the real property which is the site of the structure, except as provided in this section.

(1) Account of Costs and Receipts and Notice of Assessment. The code official will keep an itemized account of the costs of enforcing the provisions of this ordinance, and of the proceeds of the sale of any materials connected therewith. Upon completion of abatement, the code official is to prepare a notice to be served as provided in Section 107.3 of the Dangerous Buildings Code, specifying:

a. The work done.

b. An itemized account of the costs and receipts of performing the work.

c. An itemized account of the proceeds of sale of any materials removed.

d. An address, legal description, or other description sufficient to identify the premises.

e. The amount of the assessment proposed to be levied against the premises, or the amount to be refunded, if any, due to excess proceeds over expenses.

f. The time and place where the code official will submit the account to the board of supervisors for confirmation. The time and place specified shall be not less than fifteen days after service of the notice.

g. A statement that the board of supervisors will hear and consider objections and protests to said account and proposed assessment or refund.

(2) Hearing on Account and Proposed Assessment. At the time and place fixed in the notice, the board of supervisors will hear and consider the account and proposed assessment, together with objections and protests thereto. At the conclusion of the hearing, the Board may make such modifications and revisions of the proposed account and assessment as it deems just and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the board as to all matters contained therein is final and conclusive. The board of supervisors may, at such hearing, order that the cost of abatement be specially assessed against the parcel, if the record owner does not pay the costs of abatement within fifteen days after the confirmation hearing and that a notice of abatement lien be recorded if payment is not made within that time.

(3) Notice of Abatement Lien. Upon confirmation of an assessment by the board, the code official is to prepare and have recorded in the office of the county recorder of San Luis Obispo County a notice of abatement lien. The notice is to contain:

a. The record owner or possessor of the property.

b. The last known address of the record owner or possessor of the property.

c. The date upon which the abatement of the nuisance was ordered by the board of supervisors.

d. The date the abatement was complete.

e. A legal description, address and/or other description sufficient to identify the premises.

f. A description of the proceeding under which the special assessment was made, including the order of the board confirming the assessment.

g. The amount of the assessment.

h. A claim of lien upon the described premises.

(4) Lien. Upon the recordation of a notice of abatement lien, the amount claimed shall constitute a lien upon the described premises, pursuant to Section 25845 of the Government Code. Such abatement lien is to be at a parity with the liens of state and county taxes. Such lien has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the California Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released.

(5) Collection with Ordinary Taxes. After recordation, the notice of abatement lien is to be delivered to the county auditor, who will enter the amount of the lien on the assessment roll as a special assessment. Thereafter the amount set forth is to be collected at the same time and in the same manner as ordinary county taxes, and is subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as is provided for ordinary county taxes; all laws applicable to the levy, collection and enforcement of county taxes are hereby made applicable to such assessment.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

No person shall hinder, interfere with or impede the enforcement officer in the performance of duties assigned by this title, or other titles of this code.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)