Susanville Municipal Code Ch. 15.10 Abatement of Dangerous Buildings and Structures

For purposes of this chapter "dangerous building"

means any building falling within the definition of "dangerous building" under the provisions of the California Building Code and 1997 Uniform Code for the Abatement of Dangerous Buildings, or within the definition of "substandard building" under the provisions of the California Building Code, which, in addition thereto, presents an immediate and imminent threat to public safety. Such threat may arise by virtue of numerous circumstances such as, but not limited to, substantial risk of collapse or danger of fire.

(Ord. 17-1011 § 7, 2017)

This chapter contemplates situations arising where insufficient time exists, due to the imminent threat to public safety, for due process notices and hearings to be held prior to abatement action. Accordingly, whenever the city building official determines that a building is a dangerous building, he or she shall contract for the abatement of the dangerous building by repair or demolition. In awarding such contract, the building official need not obtain formal bids but may award the contract on the basis of informal solicitations.

(Ord. 17-1011 § 7, 2017)

The costs and expenses of abatement of a dangerous building may be made a lien against the property on which the dangerous building was located, a special assessment against said parcel, and/or a personal obligation against the property owner through enforcement as a public nuisance and after a hearing as provided for under Sections 8.32.200 through 8.32.230 et seq., of the city of Susanville Municipal Code as may be amended from time to time.

(Ord. 17-1011 § 7, 2017)

This chapter shall apply and govern in those situations where insufficient time exists due to imminent threat of substantial danger to the public health, safety and welfare to invoke the procedures of notice and hearing provided for in the California Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, and other provisions of law as adopted by the city of Susanville Municipal Code.

(Ord. 17-1011 § 7, 2017)

The term "dangerous structure"

as used in this chapter means any building which is considered "unsafe" under the criteria of the California Building Code, "dangerous" under the criteria of the Uniform Code for the Abatement of Dangerous Buildings, or "substandard" under the criteria of the Uniform Housing Code and which, in addition thereto, presents an imminent threat of substantial danger to public health, safety and welfare. The term "dangerous structure" also means any other structure, whether man-made or a condition of nature, which presents an imminent threat of substantial danger to public health, safety and welfare. Such threat may be presented by, but is not limited to, situations where a structure, or some part thereof, is likely to collapse onto a public street or sidewalk or where it presents an extreme fire hazard. Any structure falling within the definition of "dangerous structure" is declared a public nuisance.

(Ord. 17-1011 § 7, 2017)

The city manager, with the advice of the building official and such other persons he or she chooses to consult, shall make the determination whether a structure constitutes a "dangerous structure" as hereinabove defined. As an exception to this procedure, the building official is hereby authorized to make said determination in those circumstances where, in his sole discretion, he concludes that an emergency situation exists requiring immediate abatement and that delay to consult with the city manager would cause substantial risk to public health, safety and welfare. Summary abatement, without the necessity of prior notification to anyone other than occupants of the structure, may be immediately ordered by the city manager or the building official, whichever has made the determination that a dangerous structure exists. In the event the building official has made the determination and ordered summary abatement, he shall immediately thereafter report to the city manager as to the situation. If summary abatement is to be accomplished by contract, the building official need not obtain formal bids but may award the contract on the basis of informal solicitations.

(Ord. 17-1011 § 7, 2017)

Sections 15.10.040 through this section shall not restrict, limit or otherwise inhibit any power or authority for ordering summary abatement of dangerous and hazardous conditions invested in the city of Susanville fire chief under the California Fire Code or other provisions of law.

(Ord. 17-1011 § 7, 2017)