San Ramon Municipal Code Ch. VII Uniform Code for the Abatement of Dangerous Buildings and Uniform Housing

Dangerous Buildings and Uniform Housing Code.

of Dangerous Buildings and Uniform Housing Code.

A. The Dangerous Buildings and Housing Code for the City of San Ramon is the "Uniform Code for the Abatement of Dangerous Buildings," 1997 Edition, and "Uniform Housing Code," 1997 Edition, as published by the International Conference of Building Officials, except as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein. B. Three certified copies of such "Uniform Code for the Abatement of Dangerous Buildings," 1997 Edition, and "Uniform Housing Code," 1997 Edition are on file in the city offices and are made available through the city clerk for public inspection. (Ord. 343 § 3 (part), 2002)

• Omissions, amendments and additions to Uniform Code for the Abatement of Dangerous

Buildings and Uniform Housing Code.

Omissions, amendments and additions to the Uniform Code for the Abatement of Dangerous Buildings and Uniform Housing Code are as set forth in this chapter. (Ord. 343 § 3 (part), 2002)

Dangerous Buildings and Uniform Housing Code.

Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings and Chapters 11 through 16 of the Uniform Housing Code are combined and amended to read as follows: a. Inspection and notice to repair, notice to vacate. 1. The Building Official shall inspect or cause to be inspected every building or structure or portion thereof reported dangerous, damaged or substandard. If such is found to be an unsafe building, the Building Official shall obtain a preliminary title report as to the building or structure or land on which it is located, which shall identify all owners of record, lessee of record, holders of mortgages, deeds of trust or other liens and encumbrances of record. The Building Official shall serve upon each such person by personal service or by certified mail, postage prepaid, return receipt requested, a written notice stating the defects of the building or structure and requiring the owner to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof within sixty (60) days from the date of notice or within such time as deemed reasonable by

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the Building Official. All such work must be completed within such time as deemed reasonable by the Building Official. The notice shall also inform recipients of their rights and the procedures for filing an appeal of the action to City Council within ten (10) days of the date of the notice and that their failure to appeal will constitute a waiver of their right to an administrative hearing and adjudication of the notice and order any portion thereof. The notice shall be sent 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, then a copy of the notice shall be so mailed, addressed to such person, at the address of the building or structure found by the Building Official to be unsafe. Service by certified mail shall be effective on the date of mailing. The Building Official shall cause at least one copy of the notice, bearing title letters at least one inch high reading "NOTICE TO ABATE NUISANCE," to be posted conspicuously on the building, structure, or portion thereof alleged to be unsafe. 2. If the building or structure is occupied, and the Building Official finds that protection of human safety necessitates that it be vacated, the notice shall also require that the building, structure, or portion thereof be vacated not later than thirty (30) days from the date of the notice or within such time as deemed reasonable by the Building Official. The Building Official shall serve by first class mail, postage prepaid, a notice to the occupant of each dwelling unit or unit under separate use in the building or structure found to be unsafe, stating that the Building Official has, as a result of an inspection, found the building or structure to be unsafe and unfit for human occupancy, and advising the occupant that he must vacate the building or structure within the specified time, and that further occupancy of the building or structure beyond the date required for vacancy is unlawful and constitutes a misdemeanor. The Building Official shall cause to be posted at or upon each exit of the building or structure a notice in substantially the following form: NOTICE TO VACATE; b; The Building Official of the City of San Ramon has found this building to be unsafe and unfit for continued human occupancy. This building or structure must be vacated not later than _______ . It is a misdemeanor to occupy this building or structure beyond such date, or to remove or deface this Notice. BUILDING OFFICIAL Dated: ________ City of San Ramon 3. No person shall enter or remain in any building which has been posted with a Notice to Vacate as specified in this subsection after the date upon which such notice requires the building to be vacated, except that entry can be made: (a) to repair, demolish, or remove such building under permit; (b) by the Building Official or his duly authorized representative for purposes of inspection; and (c) after any required repairs have been completed and a Certificate of Occupancy has been issued pursuant to the Uniform Building Code. No person shall remove or deface any notice posted pursuant to this subsection until the required repairs, demolition, or removal has been completed and a Certificate of Occupancy issued pursuant to the provisions of the Uniform Building Code. 4. Proof of services of notices shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any City of San Ramon, CA | Municipal Code 360

receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. b. Appeals and appeal hearings. Appeals and appeal hearings shall be conducted as provided for in the San Ramon Municipal Code Section C1-13 and C1-14. c. Recordation of notice and order. If the nuisance is not abated by the owner within the prescribed time(s), recordation of notice and order shall be accomplished in accordance with Section 402, Uniform Code for the Abatement of Dangerous Buildings. d. Abatement by Building Official. In the event the nuisance is not abated by the owner within the time prescribed, the Building Official is authorized to raze, demolish, remove, rehabilitate, or repair the building or pertinent portion thereof, or have the work done under his direction or supervision, or pursuant to purchase order or contract. The Building Official shall keep an itemized account of the expenses involved in the razing, demolishing, removing, rehabilitation, reconstruction, or repair of any building. The Building Official shall submit this itemized statement to the City Clerk who shall mail a copy of the statement to the person owning the land and to any holder of any interest of record along with a notice of the time and place when and where the statement shall be submitted to the City Council for approval and confirmation, at which time the City Council shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work and any other interested persons. e. Hearing by City Council - Statement of expense. At the time fixed for the hearing of the statement of expense 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 said statement is not paid within five (5) days after the adoption of the resolution, it shall constitute a lien of the real property upon which the building or structure was 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 auditor of Contra Costa County and the County 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 charge 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 charge shall be collected at the same time and in the same manner and by the same persons, as, together with and not separately from, the general taxes for the City of San Ramon and shall be subject to the same penalties and interest upon delinquent payment. f. Power of Building Official to secure hazardous structures. In addition to the procedures provided for abatement of nuisances caused by dangerous and hazardous structures as set forth in this Code, the Building Official is hereby given summary power to secure from entry any structure which in his discretion he determines to be immediately dangerous, or immediately hazardous, or in any other manner injurious to public health or safety. Such structures may be secured by the Building Official by nailing boards over the doors and windows of such structures; however, he shall not be limited to only this method and may use other methods at his discretion to accomplish the same purpose which may be more appropriate under the circumstances. The Building Official shall also post a sign stating in effect, "DANGER, DO NOT ENTER," upon the structure in at least one conspicuous place, with the wording "DANGER" in letters at least one inch in height. The Building Official shall immediately upon such action send notice to the owners of the real property upon which the structure is located, as shown on the last equalized assessment rolls. Such notice shall contain the following information: City of San Ramon, CA | Municipal Code 361

1. that he has secured the structure;
   2. the cost incurred by the City thereby;
   3. that he has posted signs as provided by this section;
   4. the reasons why he has taken the action;
   5. that an appeal may be made within ten (10) days to the City Council, as provided by Sections C-13 and C-14 of the Municipal Code;
   6. that if his action is not annulled by the City Council, the cost of securing the property shall become a lien upon the real property unless the cost is paid to the City within thirty (30) days of the mailing of the notice. After hearing all evidence and other relevant matters presented at said hearing, or without hearing, if no appeal is made upon the report of the Building Official, the City Council may then confirm, amend, or annul the action of the Building Official. If the action of the Building Official is annulled, the City, at its own expense shall remove any and all signs stating that the building is unsafe to enter. If, however, the City Council confirms the action of the Building Official in securing the structure, at the hearing of appeal, or if no appeal is taken at any other regular meeting or adjourned meetings, then the cost incurred by the City in securing the structure shall become a lien against the property and a resolution of the Council confirming the action of the Building Official, including the imposition of a lien upon the property upon which the structure is located, to pay for the cost of securing it, may be adopted upon receipt of a report from the Building Official. Such resolution may be filed with the Assessor of Contra Costa County, and the lien imposed thereby may be collected for the City by him, along with the next annual tax levy and assessment on said property.

g. Power of Building Official to abate immediately dangerous or hazardous nuisances. The same procedure as provided for in Subsection (f) for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or immediately hazardous may also be used by the Building Official in connection with the summary abatement of all other public nuisances upon private property which the Building Official determines, at his discretion, to constitute an immediate dangerous or hazardous condition. The Building Official may then summarily abate such nuisance at his discretion in the most appropriate manner, under the circumstances, which may include, but shall not be limited to, the following methods: fencing, draining water from swimming pools, and filling with appropriate ballast, removing fire hazards, filling or covering open holes and grading or strengthening land fills or excavations. Although the manner and method used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economical hardship upon the owner of the property, and only use those measures which will eliminate the dangerous and hazardous features. Notice of the action shall be sent to the record owner of the property affected as shown on the last equalized assessment rolls, and procedures for appeals, hearing establishing liens, collecting of the lien by the assessor, and other actions by the City Council shall be the same as that provided in this section. h. Discontinuation of utility services. In the event the Building Official shall cause abatement of any condition therein provided as an additional method to insure that payment is made to the City for the costs of such abatement in cases involving abandoned structures, the Building Official is authorized to order all utility companies to discontinue any utility services or connection to the property upon which the structure is located and shall not revoke such order; and the utilities shall not be reconnected until full payment of such cost is paid to the City as determined by the Building Official. i. Administrative costs. Any administrative costs incurred by the City not paid for by the owner of the property (if such costs have been incurred in connection with the repair or removal of an

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unsafe building or other structure) may be charged as a lien to the land upon which the structure is located. The Building Official shall, in such case, notify said owner in writing of all the administrative costs incurred up to the date of such notice, and include a statement in such notice that if any objection is to be made to these costs, an appeal must be made to the Council in accordance with appeal provision specified in Sections C-13 and C-14 of the San Ramon Municipal Code. The Council may confirm or modify the imposition of such administrative costs after hearing the evidence by the applicant and the Building Official. Administrative costs, as used in this section, shall include the cost of the preliminary title report used to determine the true owners and those who have any interest in the property, and other such items of expense necessarily required to prepare the matter for hearing, whether or not such hearing is actually held. If no hearing is held because the building is demolished or repaired, or no hearing is held because the owners and persons financially interested in the property do not appeal to the City Council for a hearing, the City Council may adopt a resolution imposing such administrative costs as a lien upon the land and may order such costs collected by the County Tax Collector with the next year's regular real estate taxes upon the property upon which the nuisance existed. Such notice shall be sent by first class mail, postage prepaid, to the record owner of the property, as well as all other persons having any economic interest in the property as disclosed by the title report. j. Contracts, purchase orders, and bonds. Whenever this Code provides that the Building Official is authorized to cause a building, structure, or portion thereof which has been declared to be a public nuisance to be demolished, removed, reconstructed, rehabilitated, or repaired, or to abate any nuisance by appropriate action involving the construction, grading, filling, removal or demolition of any object, such Building Official is authorized to issue purchase orders or to enter into contracts on behalf of the City with private contractors in accordance with the procedures set forth in such ordinance or ordinances of the City governing the solicitation of bids for purchases and contracts, and such rules and regulations as have been or may be promulgated thereunder. Such contracts, if for amounts exceeding $500.00, shall require that the contractor furnish bonds by one or more corporate sureties authorized to transact business in California: 1. In the amount of the contract, conditioned upon the faithful performance thereof; 2. In an amount equivalent to fifty percent (50%) of the amount of the contract, securing payment to any and all subcontractors, and persons furnishing labor, materials, or equipment to the contractor or subcontractors. Such contracts shall be either for work regularly budgeted or for work for which the cost may be recovered by imposing a lien upon the land, and collected with real property taxes or assessments. k. Permit Fees. If any owner or person in possession of real property applies for a permit to either demolish or rehabilitate any building or structure or portion thereof, after proceedings have been commenced to determine whether such building, structure, or portion thereof should be declared to be a public nuisance, the fee for such permit shall be increased over and above the amount otherwise due by an additional amount determined by the Building Official to cover all administrative costs incurred by the City on such proceedings up to that point. If the applicant for such permit is aggrieved by such determination, he may file an appeal to the City Council by filing a Notice of Appeal with the City Clerk within ten (10) days of such determination. For purposes of this subsection, proceedings shall have been deemed to have been commenced when the Building Official shall have served written notice pursuant to Subsection (c) stating the defects of the building or structure and requiring the owner to commence repairs, improvements, demolition, or removal. (Ord. 343 § 3 (part), 2002)

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Any person, firm or corporation violating or causing the violation of any of the provisions of this chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the San Ramon Municipal Code. It is declared that any violation of this chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the city may bring civil suit to enjoin violation of its provisions. (Ord. 343 § 3 (part), 2002)

Any decision of the building official relating to this division may be appealed in the manner set forth in Section C1-13 of the San Ramon Municipal Code. (Ord. 343 § 3 (part), 2002)