Tulare Municipal Code Ch. 4.44 Abatement of Dangerous Buildings

The 1997 Uniform Code for the Abatement of Dangerous Buildings is hereby adopted as though set forth in full.

(1995 Code, § 4.44.010) (Ord. 13-07, passed 12-3-2013; Ord. 96-1784, passed - -1996)

(A) Purpose. The purpose of this section is to establish an equitable, practical and efficient procedure whereby the city can recover costs incurred in abatement actions prior to giving notice to the property owner of the abatement actions.

(B) Scope. These provisions shall apply to all dangerous buildings or structures which are in existence or which may hereafter become dangerous in this jurisdiction.

(C) Authority. Nothing in these sections shall impact the city’s authority to recover nuisance abatement costs as otherwise prescribed in this code.

(1995 Code, § 4.44.020) (Ord. 96-1777, passed - -1996)

(A) For the purpose of these provisions any building or structure which has any of the conditions or defects described in § 3 of the Uniform Code for the Abatement of Dangerous Buildings shall be deemed to be a dangerous building, provided there is a threat to life, health, property or safety of the public because of the condition.

(1995 Code, § 4.44.030) (Ord. 96-1777, passed - -1996)

The Health Officer, Fire Marshal, Building Official, as these persons are described in the Uniform Code for the Abatement of Dangerous Buildings, and any other law enforcement, fire department or city personnel or his or her designee shall be authorized to inspect a building or structure or make entry upon the premises for the purpose of determining if the building, structure or premises are safe where reasonable cause exists that the building or premises is unsafe, dangerous or hazardous.

(1995 Code, § 4.44.040) (Ord. 96-1777, passed - -1996)

(A) Upon inspection and determination that the building or structure is unsafe or that a dangerous or hazardous condition exists which poses a threat to the life, health or safety of the public or the buildings occupants, the above authorized official may take such immediate action necessary to render the premises safe.

(B) The remedial actions may include, but are not to be limited to the following:

(1) Perform visual inspection of building site to ascertain extent of remedial action to be undertaken;

(2) Post building site with “DO NOT ENTER” or “UNSAFE TO OCCUPY” signs;

(3) Install barricades or tape perimeter to warn public of danger;

(4) Secure the property or building to prevent public entry. Such action includes:

(a) Installation of plywood or other materials to close doorways or windows; and/or

(b) Fencing property to prevent public access.

(5) Removal of hazardous or toxic material;

(6) Request removal or securing of utilities to lessen hazardous condition; and

(7) Research public records to locate owner of property to properly notify of remedial action taken.

(1995 Code, § 4.44.050) (Ord. 96-1777, passed - -1996)

(A) Costs incurred in taking remedial actions pursuant to this chapter are recoverable from the property owner.

(B) These costs include, but are not limited to, the following:

(1) Purchase of materials (e.g. plywood, fencing material);

(2) Labor costs (e.g. contractors and city personnel);

(3) Replacement costs of equipment and/or clothing damaged in the remedial action;

(4) Dumping and hauling fees;

(5) Equipment rental fees;

(6) Costs in preparation, posting and serving notice to property owner of commencement of abatement action; and

(7) Any other cost/expense incurred in taking the remedial actions identified in § 4.44.050 of this chapter.

(1995 Code, § 4.44.060) (Ord. 96-1777, passed - -1996)

(A) The Director of Public Works or his or her designee shall keep an itemized account of the expenses incurred in taking remedial actions provided for herein.

(B) Upon completion of the remedial action, the Director shall prepare and file a report with the City Clerk of the city specifying:

(1) Nature of the work done;

(2) Itemized cost of the work;

(3) Description of property upon which the work was done; and

(4) Names and addresses of the owners of record. The Clerk shall include these costs in its presentation to the City Council in recovering costs pursuant to § 4.44.010 of this chapter.

(1995 Code, § 4.44.070) (Ord. 96-1777, passed - -1996)