HomeMy WebLinkAboutAgenda Report - September 1, 1999 I-05CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1679-E Entitled, "An Ordinance Adopting The 'Uniform Code For The
Abatement Of Dangerous Buildings', 1997 Edition, Which Code Provides Regulations For The
Repair, Vacation, And Demolition Of Buildings Or Structures Endangering The Life, Limb,
Health, Property, Safety And Welfare Of The General Public And Their Occupants; Providing
Procedures And Penalties For Violation Thereof; Repealing Sections 15.28.010 Through
15.28.140 Inclusive Of The Code Of The City Of Lodi, And All Other Ordinances And Parts Of
Ordinances In Conflict Therewith"
MEETING DATE: September 1, 1999
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City Council to adopt
Ordinance No. 1679-E.
BACKGROUND INFORMATION: Ordinance No. 1679-E entitled, "An Ordinance Adopting The 'Uniform Code For
The Abatement Of Dangerous Buildings', 1997 Edition, Which Code Provides
Regulations For The Repair, Vacation, And Demolition Of Buildings Or
Structures Endangering The Life, Limb, Health, Property, Safety And Welfare
Of The General Public And Their Occupants; Providing Procedures And Penalties For Violation Thereof; Repealing
Sections 15.28.010 Through 15.28.140 Inclusive Of The Code Of The City Of Lodi, And All Other Ordinances And Parts
Of Ordinances In Conflict Therewith" was introduced at the regular City Council meeting of August 18, 1999.
Pursuant to State statute, ordinances may be adopted five days after their introductions following reading by title.
This Ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
Attachment
ily�
Alice M. Rei iche
City Clerk
APPROVED:
HKID Flyn -- City Ma ger,
ORDINANCE NO. 1679-E
AN ORDINANCE ADOPTING THE "UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS," 1997 EDITION, WHICH
CODE PROVIDES REGULATIONS FOR THE REPAIR, VACATION, AND
DEMOLITION OF BUILDINGS OR STRUCTURES ENDANGERING THE
LIFE, LIMB, HEALTH, PROPERTY, SAFETY AND WELFARE OF THE
GENERAL PUBLIC AND THEIR OCCUPANTS; PROVIDING
PROCEDURES AND PENALTIES FOR VIOLATION THEREOF;
REPEALING SECTIONS 15.28.010 THROUGH 15.28.140 INCLUSIVE OF
THE CODE OF THE CITY OF LODI, AND ALL OTHER ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the City Council of the City of Lodi did on the 4th day of August, 1999,
schedule a public hearing on the above -entitled ordinance for August 18, 1999, at the hour of
7:00 o'clock p.m. of said day in the Carnegie Forum, 305 West Pine Street, Lodi, California, in
accordance with the provisions of Section 50022.1 et seq. of the 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. Sections 15.28.010, through 15.28.140, inclusive of the Codes of the City of Lodi
are hereby repealed and the same are superseded and replaced by new Sections 15.28.010,
through 15.28.140.
Section 2. There is hereby adopted a new Section 15.28.010 of the Code of City of Lodi to
read as follows:
Sec. 15.28.010. Adoption.
The provisions set forth in the Uniform Code for the Abatement of Dangerous Buildings,
1994 Edition, are adopted as the Dangerous Building Code of the City of Lodi. The
Unsafe Dangerous Building Code of the City of Lodi shall apply in all matters pertaining
to dangerous buildings, as defined in this chapter, which are in existence or which may
be constructed in the City of Lodi.
Section 3. There is hereby adopted a new Section 15.28.020 of the Code of the City of Lodi
to read in full as follows:
Sec. 15.28.020 Section 205 deleted - Board of appeals.
Section 205 "Board of Appeals," of the Uniform Code for the Abatement of Dangerous
Buildings, 1994 Edition, adopted by Section 15.28.010, is deleted.
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Section 4. There is hereby adopted a new Section 15.28.030 of the Code of the City of Lodi
to read as follows
Section 15.28.030 Section 303 added -Board of appeals.
Section 303, `Board of Appeals," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, 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.
Section 5. There is hereby adopted a new Section 15.28.040 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.040 Section 304 added - Building Official
Section 304 "Building Official," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, to read as follows:
Whenever in this Code reference is made to "Building Official" it shall mean the legally
designated Chief Building Inspector or the Community Improvement Manager of the City
of Lodi or his authorized representative.
Section 6. There is hereby adopted a new Section 15.28.050 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.050 Section 305 added - City health officer.
Section 305, "City Health Officer," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, 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 County Environmental
Health Division or his authorized representative.
Section 7. There is hereby adopted a new Section 15.28.060 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.060 Section 306 added - Fire marshal.
Section 306," Fire Marshal," is added to the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, adopted by Section 15.28.010, to read as follows:
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.
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Section 8. There is hereby adopted a new Section 15.28.070 of the Code of the City of Lodi
to read in full as follows:
15.28.062 — Section 307 —Added Declaration of Public Nuisance.
Section 307 Declaration of Public Nuisance, is added to the Uniform Code for the
Abatement of Dangerous Buildings, 1997 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.
15.28.068 — Section 401.2 — Amended Notice and Order.
Section 401.2 Notice and Order, of the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, adopted by Section 15.28.010 is amended as follows:
The building official shall issue a notice and order directed to the
record owner of the building. The notice 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.
3. A statement of the action required to be taken as
determined 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.
3.2 If the building official has determined that the building or
structure must be secured, the order shall specify the
general manner in which the structure is to be secured, the
type of material to be used for securing and the approved
method of fastening said material to the openings in the
building or structure. Furthermore, the order shall require
that the securing be completed within such time as the
building official shall determine is reasonable under the
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circumstances.
3.3 If the buildinq official has determined that the building or
structure poses an extreme hazardous or dangerous
condition such that it must be secured immediately, the
building official shall attempt to give notice to the record
owner of the building, his or her agent or legal
representative by way of personal contact ordering that the
building or structure be secured within 24 hours of the
issuance of the order. If at the end of the 24 hour period
following receipt of the notice the owner. _agent or legal
representative has not completed the securing of the
building or structure in the manner so ordered. or; -if all
diligent attempts to contact the record owner, his or her
agent or legal representative have failed, the building official
shall be authorized to proceed according to Section 401.2,
paragraph 4. of this code.
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 be 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.
Section 15.28.070 Section 501(a), (b) and (c) amended -Appeal to City Council
Section 501.1, 501.2, and 501.3 of the Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition, adopted by Section 15.28.010, is added to read as follows:
Section 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. 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. Notice of the date, hour and
place of the hearing shall be posted and served at least ten (10) days before the dated
set for the hearing in the manner and upon the person specified in Section 401.3, 401.4
and 401.5. 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.
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Section 9. There is hereby adopted a new Section 15.28.080 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.080 Sections 505 amended - Hearing before city council.
Sections 505 of the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, adopted by Section 15.28.010, is added to read as follows:
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 Demolish. Upon the conclusion of the hearing, the City Council shall render its
decision.
Section 10. There is hereby adopted a new Section 15.28.090 of the Code of the City of Lodi
to read in full as follows. -
Section 15.28.090 Section 506 amended- Order of city council.
Section 506 of the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, adopted by Section 15.28.010, is added to read as follows:
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 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 401.2 Item 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 completed.
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Section 11. There is hereby adopted a new Section 15.28.100 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.100 Section 507 amended - Serving and posting of order of city council.
Section 507 of the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, adopted by Section 15.28.010, is added to read as follows:
Serving and Posting of Order of City Council. Copies of the order of the 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 401.3,
401.4 and 401.5.
Section 12. There is hereby adopted a new Section 15.28.110 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.110 Section 601 through 605 deleted - Procedure for conduct of hearing
appeals.
Sections 601 through 605 inclusive, "Procedure for Conduct of Hearing Appeals," of the
Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, adopted by
Section 15.28.010, are deleted.
Section 13. There is hereby adopted a new Section 15.28.120 of the Code of the City of Lodi to
read in full as follows:
Section 15.28.120 Section 801.1 amended - Sale, repair or demolition.
Section 801.1 of the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, adopted by Section 15.28.010, is amended to read as follows:
Section 801.1. 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 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.
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 or the Repair and Demolition f=und. 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.
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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 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.
Section 14. There is hereby adopted a new Section 15.28.130 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.130 Section 901 amended - Record of work done by city.
Section 901 of the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, adopted by Section 15.28.010, is amended to read as follows:
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
701.3 Item 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
entitle to notice pursuant to Section 401.3.
Section 15. There is hereby adopted a new Section 15.28.140 of the Code of the City of Lodi
to read in full as follows:
Section 15.28.140 Violation - Penalty.
A. 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 provision of this chapter.
B. Any person, firm, or corporation violating any provision of this Code shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punishable by a fine and/or imprisonment set forth by the governing laws of the
jurisdiction. Each separate day or any portion thereof, during which any violation
of this Code occurs or continues, shall be deemed to constitute a separate
offense.
Section 16 - No Mandatory Duty 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 17 - Severability. If any provision of this ordinance or 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.
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Section 18. All ordinances and parts of ordinances in conflict herewith are repealed insofar as
such conflict may exist.
Section 19. 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 days from and after its passage and approval.
Approved this 1 st day of September, 1999
KEITH LAND
Mayor
Attest:
ALICE M. RE MCHE
City Clerk
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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. 1679-E
was introduced at a regular meeting of the City Council of the City of Lodi held August 18, 1999
and was thereafter passed, adopted and ordered to print at a regular meeting of said Council
held September 1, 1999 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Mann, Nakanishi, Pennino
and Land (Mayor)
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1679-E 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
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RANDALL A. HAYS
City Attorney
QQic() 44V-4�I
ALICE M. REINICHE
City Clerk
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