Loading...
HomeMy WebLinkAboutOrd. No. 1979-587ORDINANCE N0. 587 ~. ~.' f, r. AN ORDNANCE OF THE CITY.-0F LAKE ELSJ.NQRE, CALIFORNIA 'ESTABLISH)NG PROCEDURES FOR ?HE ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS, :AND AMENDING CHAPTER 15.08 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE The City .Council of .the City of Lake Elsinore does ordain as follows: SECTION 1.. Chapter 15.08 of the Lake Elsinore Municipal Code is amended to read as follows: (15.08.010). Adopted Filing The City.Councit adopts the Uniform Build- ing Code Volume 111 Housing and.'Volume IV Dangerous-Buildings current Editions, which have been approved by the International Conference of (-_I Building Officials, three .copies•:of'which are certified as true copies and are on file in the office of the City Glerk and which are adopted by .reference and made a part of this Code as though set'?focth at '- length in this Section with the following amendments and/or modifi- cations. (A) ,Sections H-202, H-203, Chapters 11,12,13,14,15, and 16 of Volume III Housing, and Sections 202, 205, Chapters 4,5,6,7,8, and 9 of Volume IV Dangerous Buildings are`deTeted. (15.08.020) Abatement of Substandard and Unsafe Buildin s Substandard and Unsafe Buildings within the-Incorporated City limits - of Lake Elsinore, Ca. shall be abated in accordance with this section:. _ (A) Public Nuisance. Every unsafe building or structure as de- fined in Section 203 of the Uniform Building Code Volume I, Chapter 10 of Volume ILI,.Chapter 3 of Volume IV and Section ' 1.207 (b) of the Uniform Fire Code is hereby declared to be a Public Nuisance and shall be abated in accordance with .the procedure. contained in this Ordinance. (B) Statement of Intent. .Upon finding any building to be in this category, the Building Director shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, atso advising the owner., that a Preliminary Title Report has ' been ordered to determine who the. concerned parties are, the I' cost of which will be assessed against the property owner. '-= If the owner does not respond within l5 days from receipt of this statement, the Building Director shall proceed to the next step.. (C) (D) First Notice. The Building Director, upon determining that a building or structure is unsafe or substandard shall give a written notice of_defects to all parties concerned in the manner hereinafter stated. The notice shall specify thee. conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building Director, such conditions can be corrected by repair, the no"cite shall state the work that is. necessary to repair or rehabilitate the. building or structure. The notice shall require the owner to obtain all necessary permits from the Department of .Building and Safety and to correct. or abate the unsafe or substandard conditions, either by repair, demolition or re- moval within 30 days after the date of notice. If a build- ing is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or benefi- ciary under the deed of trust may, within 15 days after the expiration of the 30 day.. period, comply with the requirements of the notice. Manner of Giving Notice. The Building Director shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by regis- tered or certified mail, postage prepaid, return receipt requested, to the owner of the land on which the building or structure is located, as such person's name anal address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the build- ing or .structure or the land upon which such building or struc- ture is located, at the last known addresses of such interest holders. -1- Tf the'~address of any such person is unknown, that fact ' 'shall be stated in the copy so mailed and it shall be -addressed to the person at the county seat., Service by mail shall be deemed complete at the time of deposit in ' ~ the mails: . The Building Director shall file a copy of the notice of defects in the Building Department files ~? ;. ; _ _;along.with~an;,affdapa.t~;certfying to'=the ~perstins j date ~ ~ . ' •~•..+~+ c ..,~ .....andi.manner in-;which-aucli °notice was 'gi'ven? ~'He "s}iall"'also ' + thereafter file any receipt cards which are returned to him acknowledging receip;t of .the notice. The failure of any owner or other persons'to receive such notice shall nob affect in any manner the validity o£ any proceedings .taken hereunder. (b) Order to Vacate Whenever, in the opinion of the Building -I Director, extreme and imminent hazard exists he shall ~ i , g ve _ written notice ordering the occupants of any such building to,immediately vacate and, in the, event compliance with the order.-is not voluntarily and promptly obtained, he shall request the .law enforcement agency having jurisdiction to effect such a vacation or forthwith take. such action at iaw as is required to cause the premises to be vaca ed. A copy of the order to vacate, which shall include the reasons.for_,the order, shall be-posted on the building and mailed to all concerned parties and filed in the Building Department .files in the same manner.as the notice of defects . Upon giving such order to vacate, the Building Director shall cause to-,be.posted at each entrange to the building a notice. to read: : DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTb1ENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted-until the required repair , demolition or. removal are completed. Such notice shall not be removed without written permission of the Building Director - and. no person shall enter the building except for the purpose of making the required repairs or the demolition of the _ building, without the written permission of the Building Director_ (k'7 Notice of Public Nuisance Whenever the first notice of ~ defects has been given, the Building Director shall record ~' in the office of the County Recorder of Riverside County, a y notice that an administrative proceeding has been 'commenced for the abatement of a Public Nuisance, describing the real property affected and stating .that the costs incurred there- in may become a lien on said .property, and directing inquiry for further details to.his office, giving the address thereof. (G) Appeal. Any person entitled to service under this ordinance may appeal the proceedings by filing a written app~,al on a :,,,.. form furnished by the Building Director within 30 days+of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of-the notice or.any portion thereof: (1) Upon receipt of any appeal the Building .Director shall set a hearing-date to be not less than 10 days or more than 60 days from the date the appeal was received. (2 ). The Building Director upon setting the hearing date- of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to UdCate made pursuant to I- Section 2 (e) of this Ordinance, enforcement of any - notice issued under this .ordinance shall be stayed pending the outcome of any appeal properly a.ic1 timely filed. -2- -.' s ... ,n__ ,_ ... _ y~.y_ ~ w ,(H). Hearing. At the•-time fixed in the notice, the-Board _- 'E of Apgeals shall proceed to hear.the testimony of the ' Building Director, and the owner'of the building or stXUCture or his representatives if present at said _ _ ~. hearing, and .other concerned parties who may desire to'testify, regarding the condition of the building . _ r ,,.a:.,<..,, ..,;.,, ~;;..,.~or..str.uct.ure, .;.the..es.tima.t.ed.- cost ,.of xecons.t-ruotion, , - ..... > z ~ •c.~ ;+ ~r.'.~xepair-:ror~s.emovah;r;:and:.any.. other rel:evan;t'.matter:~ - .+. ~..~~.x ~- Ugbn the cor_clusion of`the hearing, the.'Board shall " ' - make it's decision ands, in the event that it so - --~--concludes, it may declare the building or structure to be:a~.nuisance and direct.'the owner' to abate the same by having the building or structure properly reconstucted or repaired, or, by havi;ng~; it razed ~~ or removed,-and further notifying the owner that. -if said nirisance.'is not abated within 30 days after ~-'' posting and. mailing of the Board's decision, the . ' building or structure will be razed or removed by ' the City of Lake Elsa.nore and the-expense thereof - . shall be a lien on the lot or parcel of .land upon -.which the building or structure is located, or made a personal obligation of the property owher_ %(1) :At any time within ten days after the Board's `decision directing the abatement of ,a nuisance, ' ` the Building Da.sector shall. pccs~t a copy of the Board's decision on the building or ' structure and ;mail .copies thereof to all - - parties concerned .in the same ia~an:txer as the First notice, and he shall file an affidavit thereof in the.~uilding_Department files,. - the Board may .grant any .extension of time to abate said nuisance that i.t may deem justifiable -upon good cause being shown. (I) Tame to Bring Action_ Unless the owner o.-' holder of - an interest of record.brings an action in a court of competent'. jurisdiction within 30 days after the date I of mailin and 5 posting on said premises of. the notice - of the decision of the Board, .contesting the validity of any proceedings leading up to an incluning the decision of the Board, all objections to the proceedings _ - and decision will be deemed to have been waived. (J)' Second Notice_ If ..the order, of the Building Director in the first.ngtice is not complied with within 45 - days after giving notice and no appeal has been filed the Building Director shall. give a second notice to 'all parties concerned by posting and mailing .in .the same manner as the-first notice. The second notice shd~11 be entitled."Notice to Abate Nuisance" the - notice shall direct the owner of the building or structure to effect all necessary abatement within- 30 days from receipt. of the second notice or show cause why such building or structure 'should not be condemned as a nuisance-and abatec'V.aslshezein ._ provided. .The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. -,---~ (Y.) Jurisdiction to Abate. Thirty days after the mailing ' and posting of the Board of Appeals decision or the •I ~ second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the build- ing or structure unless within the 30 day,: peri-od an extension of time is granted by the Board of Appeals. In the event that the nuisance i.s not abated within the prescribed. tune, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. ~) t '. .. ,j .+f -f ... .J ... r_ 2 .. ,: _ + (D) Methods of Abatement Abatement~of all buil_dxnys or. structures under the direction and supervision ,of the - City pursuant to the provisions of this ordinance ' shall be done in the following manner. •_ - + + (1) If., inuthe.,everit the' nuisance can be abated by ~• " ~''-' . , . •~ ~- ~ r~,pair. or reha:bilxtation,''the Building"Director''- ~ '~~' ~~ ' ' _ .. .•may ,employ_such ar hitectural`or engineering ` assistance .on .a co~tract.basis as he may deem reasonably .necessary.to prepare plans and: specifications to facilitate said repair or rehabilitation.. (2)Actual. work to be .done whether it be repair and I~ rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum .• of ._3 bids shall_be.rec;eived from reputable .,licensed contractors prior ,to:.contracting for ' work to be done.. The lowest bidder shall .be awarded .the contract. - (Ig.U8.p30) Cost..Recovery. of repair. or demoliton shall be accomplished in the following manner: (A) Demolition Account Establishment and t4aintenance.. ~' ,_ (1),-The City Council hereby establishes a special account designated as the Repair and Demolition 'wP:caount. The Finance Director is authorized to pay from said account all. such costs and expenses ' incurred pursuant to the provisions of this 'ordinance upon the demand of the Building Director. (2) The City Council in establishing said account authorizes the.Finance birector to transfer from the 'General Fund of the City such amounts as ~ .necessary on a loan basis to the a'tepair and ' `-Demolition Account to defray costs incurred for - repair.or demolition. All proceeds"collected as herein after provided for shall be the Finance Director who shall credit theasame - to the )?'e air and ~De P molitiori ;E~.ccount and there- _ from credited .to repay the loan from the General Fund of the City_ (B) Statement of Expense. The Building Director shall keep a complete and accurate account of all costs incurred °, in the. performance of any work pursuant to the provisions of this ordinance. (I) A,verified statement of expense shooring the gross. and .n et expense of the work performed and all .other costs shall be given to the City Clerk taho shall schedule it for City Council consideration - to set a hearing date. The date, ime, place "" `µ' and purpose of the hearing shall be pu'Dlshed~ once in a local newspaper. (2) The Building Director shall cause to be posted • conspicuously on the property from which the building or structure teas razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, tocJether with a notice of the date, time, and . place, where and when the statement shall be heard by the City Council. Posting and mzi].iny of the statem-n~ and notice shall~be not less then 10 clays prior to the date set for hearing the statement. A copy of the statement and notice shall be 'accomplished in the same mainner " as is prescribed for the first notic e. _~F_ , :. -. :: : ' ...~..~., .....n.-s%. ev~a ~_.nt. ~e abt.+A:..%L+.nf.@tm~<2v4Gp,Rnrecvsn ~rzv..~-...v.•,.mr.~.- .~e.®,.,,...e.,,,a,ra....T......~...~-,.~...,,....,>..--c...~z;.,..Fris~m. ...-...~ ev~J. ", _(C) _ Hearing on Statement pf Expense.~`At the time •fixed--for 'the, hearing on. the statement;_of expense the City Council _ _ :ahall~consider the statement,:together•with any objections -_ _ or..protests which may be.-.raised-. by the property owner -. or-other.;concerned.parties_..:'_The_Council may make any such'zeviaion,..correctxon_,or_modificationin the state- - _-_ -merit.-as•it-may deem~just,.,and_thereafter shall render - ., . • -- =-- --. _rxt.`s.--decision om.the statement 'E'lbe Councils decision.- __ on-the statement and..on all.protests-and objections --,which may be made shall be. final and.conslusive. The -°-- ~-City.may.continue:,:any-..he.a ring :provided for herein from - - •time,~to-.time. [Ipon the _close, of .a hearing the Council - .shall render'it!s decision-not. later than 15 days - " ~.: thereafter. .. c. .' , (R)___=Method of Payment for Cost Recovery. ..Shall be determined - ~ by the Cy.ty Council as a,pant.-,of.the decision rendered - - in .the hearing o€-the. statement of expense. - - - .- , - -. (I) ,The Council may make the charges a personal obligation _ - _ -=:= of .the property owner and direct-the City Attorney ' to collectthe same using all appropriate legal - ;remedies. '• ' _ :. - . (2) Apr the Council:-may order the charge to be made,a '•• • special-assessment and lien against the property - - ' °-involved and order .s aid assessment recorded on the _ '- assessment roll in behalf of the. City. - (a) 'The City Council, in"it's-'dxseretop may make "-'- "--'--- -- the special assessments payable in equal annual --`----- - -- - installments ~n'd.- if said installments shall ~ - - bear interest, the rate thereof shall be • - -- - _ = . -.-. - -. - estzblished 'by resolution- prior' to recordation .'.. _ _. . _ .. - of the assessment. - , - , .~ (E) Payment and-.Recordation of Lien.. ..All concerned parties ' - shall be.notified of the City Councils decision. of the ' _= --hearing in the same manner as .the Eirst.Notice and shall - be given opportunity to pay sand charges. If payment - is not.received within 10 days after receipt of the - -.- Councils decision on the statement,. the Building Director shall. transmit the statement and the. City Council's decision to the County Auditor who shall - . -- - .. place the amount thereof on the assessment roll as a - _ - special assessment to be paid with County. taxes, unless -.., sooner, paid. At the same _time, the Building Director - ' - c._shall file in the Office of the County Recorder of _ - -: Riverside County .a notice o£ lien, describing the real -- _,_. .: property affected, a summary of the action taken to abate - ' _. __'the.nuisanee and the amount of the lien claimed by the _-_.. -.City of Lake Elsinore. - ' (1) .Priority. Immediately. upon-its being placed on the assessment roll the. assessment shall be deemed to -- - --- be complete, the several amounts assessed shall be - payable, and the assessments shall be liens against - the I,-ots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the •~ same. property, and shall be paramount to all +'~ other liens except for state, county and municipal J) taxes with which it shall be upon a parity. The • lien shall continue until the assessment and .all interest due and payable thereon are paid- - (2) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment ro.Ll shall become delinquent and .shall bear interest at the rate per annum from and. after ` said date.as determined by the City Council. ____.-_-(.3) _,.The •a mount .of-the assessment shall be collected .. at the same time and in the same manner as ordinary _ - municipal taxes are collected; and sha1L be -S- _ - p^ < r - ,': ,~ ~ s x _ ..... . e 3_._ L` _S `rs~bj ect °to the same.. penalties and •proce8nres • and •" - ' _ _ ,~~ _ sale a.n, case of .delinquency as,provided ,for ordinary '"-' ~" ,municipal taxes. _.1611; taws applicable to the levy, - '~ _ collection an,d enforcement„of municipal.~taxes ' .:. _ - ,: sha];1_,be. appla:cable-~to;such assessment: ~ - - - ;_:.-. _ "_ ~,_••_.,;_ ~ Tf the City Courici2 has determined that the " - -• -~`'-" _" assessment shall- be=~+~ai.d in. installmerias,_::each~- ~' ~ _ installment,:. and 'a_n ~ _ ~ . _ -, ,._ __. :__, _ _.- „ _ y,•_interest, thereon slia,ll b'e - '_' _ _ _ collecCed -in the same manner as ordina.Ky " -" `". ' ._ _ ._ :...fitxnicipal_.taxes in..successive years. ~X£ -any _• _ - insfiallment..is.delinguent, the amount .thereof ' .• • -. is'subject to the §ame4}~enalti:es and pxocedure • ;."for sa.le:as provided for ordinaxy municipal taxes, i•• • (4) All money recovered by payment of the chaxge~or -- - ':assessment or from the sale of the property at _. _ _ _ - :_,:foreclosure sale shall be, paid to the finance'.Directox of - ~~_City of~'E~sinore':. who shall credit the same - - - to the 'Repair and Demolition 1~cGdtlnt. '. - ... _ .(F).'~'Release of Lzen. Upon payment in full of the .costs-of -_ _.'•' --'O'- ~~ the. abatement. proceeding and the expense of the .work _ _ _ •. done~:or upon. order of the City Council;-the Building - ` D.rector•shall execute and record with the County -_ ..:Recorder a-release of the recorded lien on the property. _ If as assessme:~t has been ,placed on the assessment xoll .and is-thereafter:paid_to,the Building Director, he shall,notify'the County Auditor who shall cancel.the• ~_ ., .__ ~` assessmeri.t on the roll. '" '' ' {G). Contest of City Couricils~Decision: Unless action is _. _ brought in a court of competent jurisdiction--ioithin - 30 days after final judgement by the City Council, contesting the validity of•any proceedings leading up :-to and including the decision of the City Council, - all ohjections will be deemed to have .been waived. ... _ ?~~ (}31 Fees shall be~in accordance with the following: ~. - ::: - - ~s- _ .. _ .. _. _ (1) A_Demolition permit fee shall be $15.00'. :(2) Tf a Title Report has been ordered, the fee for a' - ' _ - demolition permit shall be $15.00 plus the cost - - .of•the Title Report.; ,. _ _ - _ _ _.. {3) Adm_i_nistrata.on costs; to include professional - and clerical staff time and all mailing expense shall-be,'at a•rate_of $75_00 in addition to the • ';°'permit fee and.Title Report cost, or at a rate - - ~'of.20¢ of the total of all, costs involved if ,; proceedings go as far as the actn:a.l .work .being - done.under the City's•supervision, to include . - "...repair and rehabilitation or demolition .and removal. , (}5.08 64ff}. -Other Remedies. Nothing herein contained shall ___ ...'preclude the use, by the City of La}:e Elsinore or any person - adversely affected, of any other remedy, civil, criminal _' or otheirwise,-for the abatement of a Public Nuisance instead of or.:in addition to any of the provisions of this section. 1 SECTION 2: 'this ordinance shall ta}ce effect immediately upon its adoption being necessary and urgently redured for the ~-_' itnrnediate preservation of the public peare,.health and safety of the City of La}ce Elsinore. SECTION 3: The City C1crY. is hereby ordered and dil:ected to certify to the passage of this ordinance and to cause the _ same to be published in accordance with the law, n AnUPTF.D by the.City Council and signed by the Mayor. and~att~ested~-. _- by the City Clerk this 12th day of -March ;', 19 79 - s/Florene Marshall City Clerk -~i-' ~_.~..i~ -~~. S/Nap Harris - - ~ ~ - Mayor - -~...._.-~ _ .\ ... _. _ -~. _ a _9 v.