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HomeMy WebLinkAboutOrdinances - No. 1030#' -+ -* c ORDINANCE NO. 1030 AN ORDINANCE ADOPT1 NG THE "UNIFORM HOUSING CODE, " MENTS FOR THE PROTECTION OF LIFE, LIMB, HEALTH, PROPERTY, SAFETY AND WELFARE OF THE GENERAL PUBLIC AND THE OWNERS AND OCCUPANTS OF RESIDENTIAL BUILDINGS: PROW DING PENAL- TIES FOR VIOLATION THEREOF: REPEALING SECTIONS 5-50 THROUGH 5-69 INCLUSIVE OF THE CODE OF THE CITY OF LODl AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. 1973 EDITION, WHICH CODE PROVIDES FOR THEii'MINIMUM REQUIRE- WHEREAS, the City Council of the City of Lodi did on the 22nd day of May, 1974 read the title of the above entitled ordinance and did thereupon schedule a public hearing thereon for June 19, 1974 at the hour of 8:OO o'clock p.m. of.'said day in the Council Chambers of the City Hall, Lodi, California, in accordance with the provisions of Section 50022.1 et seq. of tb Government Code; and WHEREAS, 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 Publication on file therein; and WHEREAS, at the time set for hearing no protests were received by the City Council: NOW, THEREFORE, the City Council of the City of Lodi does ordain as follows: Section 1. Article VII entitled, "Procedure for Repair, Vacation and Demolition of Unsafe Buildings," Sections 5-50 through 5-69 inclusive of the Code of the City of Lodi are hereby repealed. Section 2. Adoption. The provisions set forth in the'Uniform Housing Code," 1973 Edition, -1 - together with appendixes therefo, are hereby adopted as the Housing Code of the City of Lodi. matters pertaining to all buildings or portions thereof used, or designed or intended to be used, for human habitation within the City of Lodi. The Housing Code of the City of Lodi shall apply in all Section 3. The revisions, additions and deletions to the "Uniform Housing Code, If Revisions, additions and deletions. 1973 Edition, adopted by the preceding section, which are hereby approved by the City Council as exceptions, read as follows: (a) (b) Add to Sec, 401 "Definitions, 'I subparagraph "Board of Appeals, I' Delete Sec. 203, "Housing Advisory and Appeals Board." to read as follows: "Whenever in this Code reference is made to the "Board of Appeals," "Appeals Board," or "Housing Advisory Board" it shall mean the City Council of the City of Lodi. 'I (c) Add to Sec. 401 "Definitions, 'I subparagraph "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 of the City of Lodi or his authorized representative. I' (d) Sec. 401, "Definitions, I' subparagraph "Health Officer, 'I change to read--- 11 Whenever in this Code reference is made to the "City Health Officer" or "Health Officer'' it shall mean the legally designated Director of the San Joaquin Local Health District or his authorized representative. I' (e) Add to See. 401, "Definitions, subparagraph "Fire Marshall," to read as follows: "Whenever in this Code reference is made to the "City Fire Marshall" or "Fire Marshall'' it shall mean the Fire Marshall of the City of Lodi or his authorized representative. I' (f) Sec. 1201 (a), (b) and (c). Change to read--- "Sec. 1201. Appeal to City Council. "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 submitted 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 matter for hearing. served at least ten (10) days before the date set for the hearing in the manner and Notice of the date, hour and place of the hearing shall be posted and upon the persons specified in Section 1101 (c), (d) and (e). order all interested parties who desire to be heard to appear and show cause, if any they have, why the building oristructure, or portion thereof, involved in the proceedings should not be repaired, vacated and repaired, or demolished. 'I The notice shall (9) Sec. 1202. Change to read--- "Hearing Before City Council. At the time stated in the notice, the City Council shall hold a hearing, and hear and consider any evidence offered by the Building Official, owner, occupant or person in charge and control, mortagagee 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 Notice to Repair, Vacate and Repair, or Demolish. hearing, the City Council shall render its decision." Upon the conclusion of the -3- (h) Sec. 1203. 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 Coyncil 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 demo1 ished; (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 being 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 1101(b) paragraph 1, (ii) 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. $,:/ The 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 - __ - - - - - - . __ - -~ - __ _- - _- - - - - - comp I eted. I' (i) -Set. 1204. Change to read--- "Serving and Posting of Ocder of City Council. Copies of the order of the City Council shall be posted on the building or structure involved and served -4- in the manner and upon the persons specified in Section 1101 (c), (d) and (e)." (i) Delete Sections 1301 through 1305 inclusive, "Procedure for Conduct of Hearing Appeals. I' (k) Sec. 1501 (a) and (b). Change to read "Sec. 1501. 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 Official, or by the City Council, whether under appeal or not, the City Council shall have the power, in addition to any other remedy herein p rovi ded , t 0: "(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 or structure be forthwith demolished, the wreckage and debris thereof removed and the lot cleaned. sell any such building singly or otherwise. 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 The Council may Any surplus from the sale of any such 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 following advertisement for 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. -5- "Arrangements, as prescribed by the City Council in this section, preparing for the repair, demolition, or sale of materials, of or from any structure discussed in this Code shall be the responsibility of the Public Works Director. no such arrangements nor other work to that end shall be initiated prior to specific instructions from the City Council indicating such action. However, (I) Delete Sec. 1502, "Repair and Demolition Fund." (m) Sec. 1601. Change to read--- "Sec. 1601. The Public Works Director shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 1401 (c) 3 of this Code. completion of the work of repair or demolition, said Building Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and 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 1101. I' Upon the (n) Delete Sec. 1609, "Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill." (0) Delete Sec. 1612, "Repayment of Repair and Demolition Fund." Section 4. 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 inspector hereunder. guilty of a misdemeanor for each day such violation continues. Any person violating the provisions of this Section shall be -6- Section 5. This ordinance shall be published one time in the "Lodi News Sentinel, I' a newspaper of general circulation printed and published in the City of Lodi, and shall be inforce and take effect thirty days after this passage. ..-- -7 A p p'r o ved this Q'i&pd'?J ul y , 1974 __.. JR. . Reimche, City Clerk of the City of Lodi, do oregoing Ordinance No. 1030 was introduced at a meeting of the City Council of the City of Lodi held June 19, 1974, was thereafter passed, adopted and ordered to print at a regular hereby regular , and meeting of said Council held July 3, 1974, by the following vote: Ayes: Councilmen - Ehrhardt, Hughes, Katnich, Schaffer, and P inke r ton Noes: Councilmen - Absent: Councilmen I further certify t signed by the Ma has been published and the same