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HomeMy WebLinkAboutOrdinances - No. 1322CRDINANCE No. 1322 AN CRDINANCE ADOPTING W "UNIEC6M CCBlE EX 'ME ABATENIENT OF DA"S BUILDIfGS," 1982 EDITIQN, \HIGH CCDE PROVIDES RM;uLATICNS Ean ?HE REPAIR, VACATICN, AND DRWLITIQN OF BUILDINGS OR 5?iRXRPm E!QDANGERINi THE LIFE, LIMB, WI€i, PROPEEY, SAFEZY AND WELFARE OF THE PUBLIC AND 'IHEIR CCCUPANliS; PFOVIDIN3 PIiccEDUREs AM) PENAJXIES FQR THE VIOLATICN '!XERFDF; IhaUSIVE OF TEE OcBlE OF ?HE CITY OF DI, AM) AIL c3IHER WINANCES AND PAWS OF CEDIMNCES IN OCINFLICI' lXE8EWI'IH. IUPEALING SM;TICNS 5-50 'IXFKXH 5-52 \-, 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 hky 16, 1984 at the hour of 8:OO oTclock p.m. of said day in the Council Charhers of the City Hall, Lodi, California in accordance with the provision of Section 50022.1 et seq. of the Government Code; and of general circulation in accordance with the provisions of Section 50022.3 of the Govemnt Code as appears by the Affidavit of Publication on file therein; and WHEREAS, notice of the hearing was published twice in a newspaper WHEREAS, at the time set for hearing no protests were received by Ncxlr, THEUXBE, the City Council of the City of Lodi does ordain the City Council; as follows: Section 1. Adoption. 1 _. The provisions set forth in the 'Wniform Code for the Abatement of Dangerous Buildings," 1982 Edition, are hereby adopted as the Unsafe Building Abatement Code of the. City of hdi. Abatement Code of the City of Lodi shall apply in all matters pertaining to dangerous buildings, as herein defined, which are now in existence or which my hereafter be constructed in the City of Mi. The Unsafe Building 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 Council as exceptions, read as follows: (a) Delete Sec. 205, Voard of Appeals.!' (b) Add new Sec. 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." 1 (c) Add new Sec. 304, Wuilding Official," to read as follows: Whenever in this Code reference is made to the 'Building Official' it shall man the legally designated CPlief Building Inspector of the City of Lodi or his authorized representative." (d) Add new Sec. 305, Wity 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 Director of the San Joaquin Local Health District or his authorized representative.'' (e) Add new Sec. 306, "Fire Nhrshal," to read as follows: -1- . Whenever in this Code reference is made to the 'City Fire Marshal' or 'Fire Marshal' it shall mean the Fire Marshal of the City of Lodi or his authorized representative." (f) Sec. 501 (a), (b), and (c). Ckange to read: Vet. 501. 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. 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. 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 (el. 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.'1 The appeal which shall be in writing and which shall state the -. -. (g) Sec. 502. 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, 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 Notice to Repair, Vacate and Repair, or Demlish. hearing, the City Council shall render its decision." Upon the conclusion of the (h) Sec. 503. Change to read: Wrder 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; must vacate said building or structure, or that he may remain in possession while repairs are being made; 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. (2) That the occupant, lessee, or other person in possession (3) That any mortgagee, beneficiary under a deed of trust, or YIke order shall (i) set forth the information required in Section 401(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 comnenced, 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 canple t ed. I' (i) Sec. 504. Change to read: Y3erving and Posting of Order of City Council. Copies of the order of the City Council shall be posted on the building or structure . involved and served in the manner and upon the persons specified in Section 401 (c), (d) and (e).It (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 Official, or by the City Council, whether under appeal or not, the City Counci 1 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 or structure be forthwith 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 denolished. The cost thereof shall be assessed against the property upon which the particular building or structure is located. 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. The repair ttArrangements, 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 instructions from the City Council indicating such action.It (1) Delete Sec. 802, "Repair and Demolition Fund.ft (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 demolition of any building done pursuant to the provisions of Section 701 (c) 3 of this Code. Upon the completion of the work of repair or demolition, said Building Official shall prepare and file with 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 401. (n) Delete Sec. 909, ttPeport to Assessor and Tax Collector: (0) Delete Sec. 912, Tkpayment of Repair and Demolition Fund.tf Section 3. Violations and Penalties. No person, whether as owner, lessee, sublessee, or ocqant, Addition of Assessment to Tax Bill." shall erect, construct, enlarge, alter, repair, mve, 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. Any person violating the provisions of this . -3- 5 -.. Section shall be guilty of a misdenkanor for each day such violation continues. Section 4. 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 thirty (30) days from and after its passage and approval. Approved this 6th day of June, 1984 Mayor Attest: Alice M. Reimhe City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, 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 Lodi held May 16, 1984 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held June 6, 1984, by the following vote: .. -. Ayes : Noes : Council Wn%ers - None Absent: Abstain; Council Wers - None I further certify that Ordinance No.. 1322 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Council !Wers - Hinchman, Reid, and Snider (Mayor) Council Wers - Olson and Pinkerton Alice M. Reimche City Clerk Approved as to form RonaldM. Stein City Attorney -4- ..