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HomeMy WebLinkAboutAgenda Report - June 6, 1984 (86)Ar$ 5i y , � .?• i. ;�f',�',�4.` r .i �} �' Ii, ,� •CITY COUNCIL MEETING•' �7Mi •.' i �"+`MJ..i),`^� t T. ' . JUNE 6, 1984 ��, f ,z �a � :.4! r 4 �•' .. L..+ r1. ...�._., x..+..,..3riF . �.,... ,. K.. ...yse•at,,,,�'4. ,�.r •'�r►.+_ a _. ORD. AD01IT14NG Ordinance No. 1322 - An Ordinance adopting the WE UNIFORP.1 CODE "Uni form Code for the Abatement of Dangerous 13ui ld- FOIt'r11E MATE- ings", 1982 Edition which Ord, a•"" wasCouncilitducId (HENT OF DAI�GEROIIS at it regular meeting of ;he Lint City BUILDINGS. 1982 Nla\' 16, 1984 was brought up for passage on motion of Reid, Snider second. Second reading of the I17I'r I ON b tit 1 e , and Ordinance was omitted after reading y ORD. NO. 1322 the Ordinance was then adopted :,n(I ordered to print AIx)P'rED by the following vote: Ayes: Council members - llinchman. Reid. & Snider (Ala),,or) Noes: C(;unc i 1 (Members - None Absent Counci 1 'len+hers - O� jol, & Pinkerton �• RF Y,t � ?l� � k�� •„ t t � , i Counci 1 'len+hers - O� jol, & Pinkerton CfDINANCE NO. 1322 AN Mr-INANCE ADOPTING THE "UNIPM1 CODE FOR THE ARATI 111NT 1 OF AAIB BUIIDItW,," 1982 FDITICN, tt IMI CODE PaDVIDES RDCTII.ATICNS FCIR THE REPAIR. VACATION, AND DEV101,ITICN OF BUILDINGS Oft SM -MUM ENWNCFFRING 111 LIFE, LIM. HEALTH, PFCPEMY. SAFELY ANO WELFARE OF MIR GNff L PUBLIC AND THEIR COCUPANIS; PROVIDING PFCCE[AND PERA ZIES Fitt THE VIOLATICN MMUM. REPEALING SBCTFCNS 5-50 'ItFU 5-,52 INCLUSIVE OF MIE OME OF ME CITY OF LCDI, AND ALL OMM CRDINANCES AND PARTS OF OF0I NMS IN Ctr MILT TiM01171H. WHEREAS, the City Council of the City of Lodi did on the 2nd day of May. 1984 read the title of the above entitled ordinance and did thereupon schedule a public hearing thereon for May 16, 1984 at the hour of 8:00 o'clock p.m. of said day in the Council Chambers of the City Hall, Lodi, California in accordance with the provision of Section 50022.1 et seq. of the Government Code; and %*I REAS, notice of the hearing was published twice in a newspaper of general circulation in accordance with the provisions of Section 50022.3 of the Government Code as appears by the Affidavit of t F Publication on file therein; and MI REAS. at the time set for hearing no protests were received by €. the City Council; p! NOW. TIIZRFFCRE, the City Council of the City of Lodi does ordain ; as follows: Section 1. Adoption. l The provisions set forth in the "Uniform Code for the Abatement of Dangerous Buildings." 1982 Edition, are hereby adopted as the Unsafe Building Abatement Code of the City of Lodi. The Unsafe Building Abatement Code of the City of Lodi shall apply in a1'1 matters pertaining to dangerous buildings, as herein defined which are now in exiRtence or which may hereafter be constructed in the City of Lodi. Section 2. Revisions, additions and deletions. The revisions, additions and deletions to the "Uniform Code for the Abatement of Dangerous Buildings." 1982 Edition, adopted by the preceding section, which are hereby approved by the City Counci-1 as exceptions. read as follows: (a) Delete See. 205, "Board of Appeals." (b) Add new See. 303, "Board of Appeals," to read as follows: "Whenever in this Code reference is made to the 'Board of Appeals,' it shall mean the City Council of the City of Lodi." (c) Add new Sec. 304, "Building Official," to read as follows: "Whenever in this Code reference is made to the 'Building ' Official' it shall mean the legally designated Chief Building Inspector t of the City of Lodi or his authorized representative." '. (d) Add new Sec. 305. "City Health Officer," to read as follows: "Whenever in this Code reference is made to the 'City Health Officer,' or 'health Officer' it shall mean the legally designated �1 Director of the San Joaquin Local Health District or his authorized f. representative." (e) Add new Sec. 306, "Fire Niarsha-1," to read as follows: -1- "Menever in this Code reference is made to the 'City Fire Marshal' or 'Fire Marshal' it shall mean the Fire hbrshal of the City of Lodi or his authorized representative." 1 (f) Sec. 501 (a), (b), and M. Change to read: "Sec. 501. Appeal to City Counel,l. "Any person aggrieved by any order of the Building Official hereunder to repair, vacate and repair. or demolish any building or structure, or portion thereof, may appeal such order to the City Council. The appeal which shall be in writing and which shall state the substance of the order appealed from, shall be sitmitted to the City Council within ten (10) days from the date of personal service or mailing of the order which is being appealed. The City Council shall set the matt^r for hearing. Notice of the date. hour and place of the hearing shall be posted and served at least ten (10) days before the date set for the hearing in the manner and upon the persons specified in Section 401 (c), (d), and (e). The notice shall order all interested parties who desire to be heard to appear and show cause. if any they have, why the building or structure, or portion thereof. involved in the proceedings should not be repaired, vacated and repaired, or demolished." (g) Sec. 502. Change to read: "Nearing Before City Council. At the time stated in the notice, the City Council shall hod a hearing, and hear and consider any evidence offered by the Building Offici-al. owner. occupant or person in charge and control. mortgagee or beneficiary under any deed of trust, lessee, or any other person having any estate or interest in said building or structure. pertaining to the matters set forth in the Not -ice to Repair, Vacate and Repair, or Demolish-, Upon the conclusion of the hearing. the City Council shall render its decision." (h) Sec. 503. Change to read: "Order of City Council. If. from a full and fair consideration of the evidence and testimony received at the hearing, the City Council shall determine that the building or structure, or any portion thereof, Is unsafe and a public nuisance. then it shall overrule the appeal and Issue an order certified by the City Clerk; (1) That the building or structure must be repaired, vacated and repaired, or demolished; (2) That the occupant, lessee, or other person in possession must vacate said building or structure, or that he may remain in possession while repairs are bei -ng made; (3) That any mortgagee. beneficiary under a deed of trust, or any other person having an interest or estate in said building or structure may, at his own risk, repair. vacate and repair, or demolish It. "The order shall (i) set forth the information required in Section 401(b), paragraph 1; (it) contain a statement of the particulars that render the building or structure unsafe and a public nuisance; and (iii) contain a statement of the things required to be done. Mie order shall specify (i) the time within which the work required must be commenced, which shall be not less than ten days after the issuance of the order, and (ii) a reasonable time within which the work shall be completed." (i) See. 504. Change to read: "Serving and Posting of Order of City Council. Copies of the order of the City Council shall be posted on the budding or structure -2- involved and served in the manner and upon the persons specified in Section 401 (e). (d) and (e)." (j) Delete Sections 601 through 605, inclusive, "Procedure for Conduct of Hearing Appeals." (k) Sec. 801 (a) and (b). Change to read: "Sec. 801. Sale, Repair or Demolition-. "Whenever an order to repair. vacate and repair, or demolish any building or structure, or any portion thereof, has not been complied with within the time set by the Building Offi-cia', or by the City Council, whether under appeal or not, the City Council shall have the power, in addition to any other remedy herein provided, to: (1) Cause the material of any such building- or structure to be sold in any manner that the Council may determine upon: provided. however. that any such sale shall be upon condition that the building er structure be forth—with demolished. the wreckage and debris thereof removed and the lot cleaned. The Council may sell any such building singly or otherwise. Any surplus from the sale of any such building or structure, or group of buildings and structures, over and above the cost of demolition and of cleaning the site shall be retained to be distributed to the parties or persons lawfully entitled thereto. (2) Cause the building or structure to be repaired or demolished. The cost thereof shall be assessed against the property upon which the particular building or structure is located. The repair or demolition of any building or structure. or sale of the materials thereof. shall be by a contract awarded foP owing; advertisement for- orbids. bids.to the lowest and best bidder in the case of repair or demolition work and to the highest and best bidder in the case of the sale of material. "Arrangements, as prescribed by the City Council in this Section. preparing for the repair. demlition. or sale of materials, of or from any structure discussed in this Code shall be the responsibility of the Building Official. However, no such arrangements nor other work to that end shall be initiated prior to specific ins,iructions from the City Council indicating such action." (1) Delete Sec. 802, "Repair and Demolition Fund." (m) Change Sec. 901 to read: ( "The Building Official shall keep an itemized account of the expense incurred by the city In the repair or de option of any building done pursuant to the provisions of Section 701 (c) 3 of this Code. Upon the carpletion of the wurk of repair- or demolition, said Building Official shall prepare and file with City Clerk a report specifying the work done, the itemized andd total cost of the work. a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant' to subsection (c) of Section 401. (n) Delete See. 909. "Report to Assessor and Tax (,collector-: Addition of Assessment to Tax Bill." o (o) Delete Sec. 912, "Repayment of Repair and Demolition Fund." Section 3. Violations and Penalties. No person, whether as owner-, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Chief Building rLea Inspector hereunder. Any person violating the provisions of this =; -3- i Section shall be guilty of a misdemeanor for each day- such violation continues. Section 4. Ibis ordinance shall be published one t irre in the "LodicPfwrs Rnt _hel." a daily newspaper of general circula-tion printed and published in the Clty of Lodi, and shall be inforce and take effect thirty (30) days fron and after its passage and approval.. Approved this 6th day of June, 1984 yor Attest: Alice M. Reimehe City Clerk State of California County of San Joaquin, as. I, Alice M. Re niche, City Clerk of the City of Lodi. do hereby certify that Ordinance No. 1322 was introduced at a regular meeting of the City Council of the City of Lod! held Nifty 16. 1981 and was thereafter passed, adopted and ordered to print bt a regular meeting of said Council held June 6. 1984, by the following vote: Ayes: Council himbers - Hinclman, Rend, and Snider (Mayor) Noes: Council [►i hers - None Absent: ODunctl Members - Olson and Pinkerton Abstain; Council, Mmbers - None I further certify, that Ordinance No. 1342 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to form Ronald M. Stein City Attorney QS Alice M. Reimche City Clerk f s 1 .-