Victorville Municipal Code Art. 3 Substandard Building

One copy of Section 17920.3 of the California Health and Safety Code having been filed in the office of the City Clerk is designated and adopted by reference.

(Ord. No. 2303, § 1, 12-3-13)

Any building or portion thereof that is determined to be an unsafe building wherein there exists one or more of the conditions listed in Section 17920.3 of the California Health and Safety Code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this Section to an extent that endangers the life, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings upon completion of an inspection by a Code Enforcement Officer and/or other City official.

(Ord. No. 2303, § 1, 12-3-13)

Any occupied building deemed substandard and placarded by a Code Enforcement Officer shall be vacated as ordered by the Code Enforcement Officer. Any person who shall occupy a posted building, and owner or any person responsible for the premises who shall let anyone occupy a posted building shall be liable for the penalties provided by Section 16-6.01.070 of this Chapter.

Whenever a Code Enforcement Officer has deemed a building or structure to be substandard and uninhabitable under the provisions of this Article, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner and the person or persons responsible for the structure in accordance with Section 16-6.01.060 and 16-6.01.080. Every notice to vacate shall be similar to the following in form and have at least the following written upon it:

DANGEROUS BUILDING DO NOT OCCUPY

IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING OR TO REMOVE OR DEFACE THIS NOTICE

CITY OF VICTORVILLE DEVELOPMENT DEPARTMENT

Whenever such notice is posted, the Code Enforcement Officer shall include a notification thereof in the notice and order issued listing the substandard conditions that necessitate the posting.

(a) No person shall remain in or enter any building that is so posted, except that entry may be made to remove property, repair, demolish or remove such building under permit.

(b) No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or any other prescribed action has been completed to abate the violations and it has been inspected and approved by City personnel.

(Ord. No. 2303, § 1, 12-3-13)

Buildings or portions thereof that are determined to be substandard as defined in this Code are hereby declared to be a public nuisance and may be abated by repair, rehabilitation, demolition or removal in accordance with Section 16-6.01.120 and 16-6.01.130 of the Victorville Development Code. Sufficient notice shall be provided to the property owner and/or occupants in accordance with Victorville Development Code Section 16-6.01.060 and 16-6.01.080.

(Ord. No. 2303, § 1, 12-3-13)

Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency and/or a Code Enforcement Officer as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in California Health and Safety Code Section 17975-17975.10. A Code Enforcement Officer may only determine if the tenant is eligible, based on the circumstances, the Code Enforcement Officer's investigation, and finding a preponderance of fault upon the owner, or landlord.

(Ord. No. 2303, § 1, 12-3-13)

Any person violating any of the provisions or failing to comply with any of the requirements of this Article shall be guilty of an infraction or misdemeanor and shall be subjected to the violation and penalties provisions under Section 16-6.01.100 of the Development Code. The citing officer or the City Attorney shall have discretion to cite or charge any violation as either an infraction or misdemeanor.

(Ord. No. 2303, § 1, 12-3-13)