HomeMy WebLinkAboutOrdinances - No. 1637ORDINANCE NO. 1637 a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
AMENDING CHAPTER 15.28 OF THE LODI MUNICIPAL CODE BY
ADDING THERETO SECTIONS 15.28.062 SECTION 307,
DECLARATION OF PUBLIC NUISANCE; AND SECTION 15.28.064
AMENDING SECTION 401.2, NOTICE AND ORDER OF THE 1994
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS, RELATING TO ABATEMENT OF DANGEROUS
BUILDINGS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Chapter 15.28 - Abatement of Dangerous Buildings
Code - is hereby amended by adding thereto new Sections 15.28.062 and 15.28.064,
relating to Declaration of Public Nuisance and Notice and Order to read as follows:
15. 2 8.062 - Se tion 307 - sance.
Section 307 Declaration of Public Nuisance, is added to the Uniform Code for the
Abatement of Dangerous Buildings, 1994 Edition, adopted by Section 15.28.010 as
follows:
Any structure found by the building official to be maintained as a
dangerous building, as defined in section 302 of this code, is hereby
declared to be a public nuisance and shall be abated pursuant to the
procedures set forth herein. The procedures for abatement herein shall not
be exclusive and shall not in any manner limit or restrict the city from
enforcing other ordinances or regulations or abating public nuisances in
any other manner provided by law.
: ded ice rd
Section 401.2 - Notice and Order, of the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition, adopted by Section 15.28.010 is amended as follows:
The building oficial shall issue a notice and order directed to the record
owner of the building. The notice and order shall contain:
1. The street address and a legal description sufficient for identification
of the premises upon which the building is located.
2. A statement that the building official has found the building to be
dangerous with a brief and concise description of the conditions found to
render the building dangerous under the provisions of Section 302 of this
code.
e 3. A statemen. of the action required to be taken as by the
building official.
3.1 If the building official has determined that the building or structure must
be repaired, the order shall require that all required permits be secured
therefor and the work physically commenced within such time ( not to
exceed 60 days from the date of the order ) and completed within such
time as the building official shall determine is reasonable under all of the
circumstances.
be secured. the orde r shall suecify the general mann er in which h
StruC terial to be us ed for sec-
the ope nines in the
ture is to be secur ed. the type of ma
the app roved method o f fastenine sa id material to
structure. Furthermore. the order shall requ ire that the
ing official shall
building or
securin? b e comu ~ leted within such time as the build
nable under t he circumstances. determine is reaso
etermined that the buildine or &tucture poses
an extreme ham d
3.3 If the build ing official has d
dous or dane erous conditio n such that it must be secure
immed iatelv. the buildinp official shall attempt to eive notice to the record
owner of the buildine. his o r her agent o r leva1 repres entative. by wav of
Perso nal contact orde ring that the bu ilding or stru cture be se cured \nth
f the issuance of the order. If at the end of the 2 4 hour period
ceipt of the notice the o wner. agent or legal rep r-atl ve has
24 hours o
followine re
not completed the secun 'ne of the building or structure in the manner SQ
ordered or. if all dilir ent attemp ts to contact the record owner. his or he r
aeent or leeal representat ive have failed. the buildin? offic ial shall be
authorized to uroceed according to S ection 401.2. para? raph 4. of th is
&
3.4 If the building official has determined that the building or structure must
be vacated, the order shall require that the building or structure all be
vacated within a time certain from the date of the order as determined by
the building official to be reasonable.
3.5 If the building official has determined that the building or structure must
be demolished, the order shall require that the building be vacated within
such time as the building official shall determine is reasonable ( not to
exceed 60 days from the date of the order ); that all required permits be
secured therefor within 60 days from the date of the order; and that the
demolition be completed within such time as the building official shall
determine is reasonable.
.. 3.2 If the buildine official has determined th at the building o r structure
.. ..
..
SECT10 N 2 -NO Mand atorv Du tv . of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 3 - Severa 9 h::& If any provision of this ordinance r the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council hereby
declares that it would have adopted this ordinance irrespective of the invalidity of any particular
portion thereof.
0
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published one time in the “Lodi News Sentinel”, a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect immediately afler its passage and approval.
Approved this 21st day of August, 1996
DAVID P. WARNER
Mayor
Attest:
*hiL IFE .PEW - City Clerk”
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
1637 was introduced at a regular meeting of the City Council of the City of Lodi held
August 7, 1996 and was thereafter passed, adopted and ordered to print at a regular
meeting of said Council held August 21, 1996 by the following vote:
Ayes:
Noes: Council Members - Davenport
Absent: Council Members - Mann
Council Members - Pennino, Sieglock and Warner (Mayor)
Abstain: Council Members - None
I further certify that 0 * rlinance No. 1637 was approved and s1 ? ed by the Mayor on the
date of its passage and the same has been published pursuant to law.
@IFER&. PERRIN
City Clerk
Approved as to Form:
<ed.*
RANDALL A. HAYS
City Attorney