Loading...
HomeMy WebLinkAboutOrd. No. 1990-882NO. $$2 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NUMBER~S 799; 797; 798; 795; 796; 800; 794; 802 AND ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERE TO: UNIFORM BUILDING CODE 1988 EDITION; UNIFORM HOUSING CODE 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, 1988 EDITION; UNIFORM PLUMBING CODE 1988 EDITION; UNIFORM MECHANICAL CODE 1988 EIIITION; UNIFORM FIRE CODE 1988 EDITION; NATIONAL ELECTRICAL CODE 1987 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: 1. That pursuant to provisions of Health and Safety Code Section 17958.5 it is determined that the amendment to the Uniform Codes in this ordinance are reasonably necessary because of local climatic, geological, topographical or other condition. Therefore, the City Council of The City Of Lake Elsinore does ordain as follaws: SECTION ONE: Ordinance Number's 799, 798, 795, 796, 800, 794, 802 ARE HEREBY REPEALED SECTION TWO: The following listed codes with amendments, additions and deletions.thereto are adopted by reference: Uniform Building Code, 1988 Edition, including appendix chapters 7, 11, 23, 32,49,55,57,70 and Exhibit "A", attached thereto. Uniform Housing Code, 1988 Edition including Exhibit "A" attached thereto.. Uniform Code For The Abatement Of Dangerous Building, 1988 Edition including Exhibit "A" attached thereto. Uniform Plumbing Code 1988 Edition including Appendix A through D and Exhibit "A" attached thereto. Uniform Fire Code 1988 Edition including Exhibit "A" attached thereto. National Electrical Code 1987 Edition, including Exhibit "A" attached thereto. UniEorm Swimming Pool, Spa and Hot Tub Code, 1988 Edition including Exhibit "A" attached thereto. Uniform Mechanical Code 1988 Edition, including Exhibit "A" attached thereto. SECTION THREE: Copies of the codes referred to herein above, with all amendments deletions and additions thereto, are on file with the City Clerk and are open to public inspection. SECTION FOUR: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 13th day of February , 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCK, DOMIN,UEZ, STAf;KEY, !~JINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: bJASHBL1DN ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON THE SECOND READING this ~7+h day Of Fohr~~iary , 1990, upon the following roll call vote: AYES: COUNCILMEMBERS: gUCK DOP4INCUEZ STARKEY 4JASHBURN NOES: ABSENT: ABSTENTIONS COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: A TEST: C ~cAi L. Kasad, City Clerk > ~ ~ , WINKLER NONE NONE NONE ~ Jim Winkler, Mayo APPROVED AS TO FORM: John R. Harper, (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its Pirst reading on February 13, 1990, and had its second reading on February 27, 1990 and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~~ ~ ~ V CK`I ~.,YNNE , CITY CLERK CITY OF L~I~.I{E LSINORE NONE NONE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 882 of said Council, and that the same has not been amended or repealed. . March 6, 1990 `~ VICKI LYNNE D, CITY C RK CITY OF LAK. ELSINORE (SEAL) ONIFORM BIIILDING CODE 1988 AMENDMENTS SECTION 205 is amended by addinq the following paraqraph at the end of said section to read as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars, or by imprisonment not to exceed six mont.hs, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly. SECTION 304 (b) the first sentence is amended to read as follows: The fees for each permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7007 (b) the second sentence is amended to read as follows: Fees set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7007 (c) the first sentence is amended to read as follows: A fee for each grading permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 7011 (a) is amended by addinq the followinq paraqraph at the end of said section, to read as follows: When two or more lots are graded and cut or fill slopes occur adjacent to the lot line the top line of the slopes shall be located at the lot line. The toes of all slopes shall be setback a minimum of two feet from the property line or public right-of-way. SECTION 7016 temporary erosion control is added to read as follows: A. Section 1716 Plans. Separate plans for temporary drainage and erosion control measures to be used during the rainy season shall be submitted prior to October 1. The control devices shown on said plans shall be installed no later than October 15, and maintained in operable condition until April 15. These plans shall provide the following: 1. Temporary soil stabilization measures shall be installed on graded slopes exceeding a three-to-one ration and/or 10 feet in height. 2. Desilting facilities shall be provided at all drainage outlets from the graded site, designed for the 25-year, 6 hour storm intensity. They must be detailed on the plans. Design and specific recommendations shall be submitted for the following: (a) Desilting basin volume based on gradient and nature of soils. (b) The extent of all graded areas and identification of any temporary soil stabilization measures. (c) Size of desilting basin outlet pipe and over-flow. (d) Dike requirements. Minimum wall width, slope of walls, percent of compaction, etc. 3. The following notes shall be placed on the plans: (a) In case of emergency, call (responsible person) at (24 - hour number) (b) The undersigned supervise erosion that work is in approved plans. civil engineer will control and certify accordance with the (signature, reg. #, expiration date) (name - printed) (dated) 4. Indicate on the plan which streets will be paved and which drainage devices will be completed by October 15. 5. Placement of devices to reduce erosion damage within the tract is left to the discretion of the engineer. These devices, if any, must be shown on the plan because their presence will affect the required capacity of the desilting basin. 6. Outlet conditions from the desilting basin shall not exceed downstream limitations, with the exception of overflow which is to be designed to provide capacity of 1.5 time the maximum design flow. B. Temporary Erosion Control Measures 1. The permittee shall keep a standby crew for emergency work available at all times during the rainy season necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices or to repair any damaged erosion control measures when rain is imminent. 2. Devices shall not be moved or modified without the approval of the Building Official or, in an emergency by the person responsible for grading operations. 3. All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds 40 percent. Forecasts shall be received from broadcasts provided by the United States Weather Service. 4. After a rainstorm, all silt and debris shall be removed from check berms and desilting basins and the basins pumped dry. Any graded slope surface protection measures damaged during a rainstorm shall also be immediately repaired. Failure to provide effective maintenance may result in penalties as provided per Section 205. 5. Fill slopes at the tract perimeter must drain away from the top of the slope at the conclusion of each working day. 6. At least one guard shall be posted on the site whenever the depth of water in any device exceeds eighteen inches. Additional guards may be required as deemed necessary by the Building Official. 7. After a rainstorm, all silt and debris shall be removed from public drains and pipes, and from drains and pipes of adjacent properties. C. Subsequent Rainy Seasons. For projects extending into subsequent rainy seasons, new temporary drainage and erosion control plans shall be submitted. These plans shall comply with all requirements in Section 1716 (A) and (B). ONIFORM HOOSING CODE 1988 AMENDMENPB BECTION 202 is ameaded to read as follows: All building or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 17 of this code. SECTION 204 is amended by addinq the followinq paraqraph at the end of said section to read as follows: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted or a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person and he shall be punished accordingly. CHAPTER 11 CHAPTER 12 CHAPTER 13 CHAPTER 14 CHAPTER 15 CHAPTER 16 IS IS IS IS IS IS DELETED. DELETED. DELETED. DELETED. DELETED. DELETED. CHFaPTER 17 - ABATEMENT OF SUBSTANDARD AND IINSAFE BUILDINGS. Chapter 17 is added to read as follows: CHAPTER 17 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS Section 1701: Statement of Intent Upon finding any building to be in this cateqory, the Building Official 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, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Official shall proceed to the next step. Section 1702: First Notice The Building Official, 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 the conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building Official, such conditions can be corrected by repair, the notice 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 removal within 30 days after the date of notice. If a building 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 postinq of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. Section 1703: Manner of Givina Notice The Building Official 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 registered 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 and 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 building or structure or the land upon which such building or structure is located, at the last known addresses of such interest holders. If 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 country seat. Service by mail shall be deemed completed at the time of deposit in the mails. The Buildinq Official shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons, date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. Section 1704: Order to Vacate Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall give 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 law as is required to cause the premises to be vacated. 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 Official shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT 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 makinq the required repairs or the demolition of the building, without the written permission of the Building Director. Section 1705: Notice of Public Nuisance Whenever the first notice of defects has been given, the Building Official shall record in the office of the County Recorder of Riverside County, a 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 therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. Section 1706: ApAeal Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Official 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 Official shall set a hearing date to be not less than l0 days or more than 60 days from the date the appeal was received. (2) The Building Official 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 Vacate made pursuant to Section 2(e) of the Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. Section 1707: Hearina At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Official, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, 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 reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance 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 Elsinore 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 owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Official shall post a copy of the Board's decision the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. Section 1708: Time to Brina Action Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. Section 1709: Second Notice If the order of the Building Official in the first notice is not complied with within 45 days after giving notice and no appeal has been filed the Building Official shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice. The second notice shall entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 day from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein 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. Section 1710: Jurisdiction to Abate Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure unless within the 30 day period an extension of time is granted by the Board of Appeals. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. Section 1711: Method of Abatement Abatement of all buildings 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 in the event the nuisance can be abated by repair or rehabilitation, the Building Official may employ such architectural or engineering assistance on a contract 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 rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. The lowest bidder shall be awarded the contract. Section 1712: Cost Recoverv Repair or demolition cost recovery shall be accomplished in the following manner: A. Demolition Account Establishment and Maintenance. (1) The City Council hereby establishes a special account designated as the Repair and Demolition Account. 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 is establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected as herein after provided for shall be paid to the Finance Director who shall credit the same to the Repair and Demolition Account and there-from credited to repay the loan from the General Fund of the City. B. Statement of Expense. The Building Official shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. (2) The Building Official shall cause, to be posted conspicuously on the property from which the building or structure was razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. Aearing on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall 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 revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. E. Payment and Recordation of Lien. All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Councils decision on the statement, the Building OfPicial 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 shall file in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action take to abate the nuisance 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 lots 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 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 thirty (30) days from the date of recording on the assessment roll 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 amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for ordinary municipal taxes. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director of City of Lake Elsinore who shall credit the same to the Repair and Demolition Account. F. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, the Building Director shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Director, he shall notify the County Auditor who shall cancel the assessment on the roll. G. Contest of City Councils Decision. Unless action is brought in a court of competent jurisdiction within thirty (30) days after final judgment by the City Council, contesting the validity of any proceedings leading up to and including the decision of the City Council, all objections will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. IINIFORM CODE FOR THE ABATEMENT OF DANGEROIIS BUILDING 1988 AMENDMENT SECTION 202 is amended to read as follows: All building or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 10 of this code. SECTION 203 is amended by addinq the followinq paraqraph at the end of said section to read as follows: Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly. CHAPTER 4 IS DELETED. CHAPTER 5 IS DELETED. CHAPTER 6 IS DELETED. CHAPTER 7 IS DELETED. CHAPTER 8 IS DELETED. CHAPTER 9 IS DELETED. CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS - Chapter l0 is added to read as follows: CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS Section 1001: Statement of Intent Upon finding any building to be in this category, the Building Official 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, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Director shall proceed to the next step. Section 1002: First Notice The Building Official, 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 the conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building Official, such conditions can be corrected by repair, the notice 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 removal within 30 days after the date of notice. If a building 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 mailinq and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. Section 1003: Manner of GivinQ Notice The Building Official shall post a copy of the notice of dsfects in a plainly visible place on the building or structure and he shall send a copy, by registered 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 and 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 building or structure is located, at the last known addresses of such interest holders. If 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 Official shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons, date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not af£ect in any manner the validity of any proceedings taken hereunder. Section 1004: Order to Vacate Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall give 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 law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Official shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT 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 Official 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 Official. Section 1005: Notice of Public Nuisance Whenever the first notice of defects has been give, the Building Official shall record in the office of the County Recorder of Riverside County, a 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 therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. Section 1006: Appeal Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Official 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 Official shall set a hearing date to be not less than l0 days or more than 60 days from the date the appeal was received. (2) The Building Official 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 Vacate made pursuant to Section 2(e) of this Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. Section 1007: Hearina At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Official, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, 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 reconstructed or repaired, or by having it razed or removed, and further notifying posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore 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 owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Official shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. Section 1008: Time To Brina Action Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. Section 1009: Second Notice If the order of the Building Official in the first notice is not complied with within 45 days after giving notice and no appeal has been filed the Building Official shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice. The second notice shall 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 abate as wherein 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. Section ~_010: Jurisdiction to Abate Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure unless within the 30 day period an extension of time is granted by the Board of Appeals. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. Section 1011: Method of Abatement Abatement of all buildings 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 in the event the nuisance can be abated by repair or rehabilitation, the Building Official may employ such architectural or engineering assistance on a contract 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 rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contacting for work to be done. The lowest bidder shall be awarded the contract. Section 1012: Cost Recoverv of Rebair or Demolition Shall Be Accomplished In The Followina Manner: A. Demolition Account Establishment and Maintenance (1) The City Council hereby establishes a Special account designated as the Repair and Demolition Account. 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 Official (2) The City Council in establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected the Finance Director who shall credit the same from credited to repay the loan from the General Fund of the City. B. Statement of Exoense The Building Official shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. (2) The Building Official shall cause to be posted conspicuously on the property from which the building or structure was razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the ~ame manner as is prescribed for the first notice. C. Hearina on Statement of Expense At the time fixed for the hearing on the statement of expense the City Council shall 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 revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. Method of Pavment for Cost Recoverv Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. E. Pavment and Recordation of Lien All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Council's decision on the statement, the Building Official 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 shall file in the of£ice of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action take to abate the nuisance 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 lots 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 taxes with which it shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll 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 amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director of City of Lake Elsinore who shall credit the same to the Repair and Demolition Account. F. Release of Lien Upon payment i~ abatement proceeding and the expense order of the City Council, the Building and record with the County Recorder lien on the property. If an assessment assessment roll and is thereafter paid he shall notify the County Auditor assessment on the roll. i full of the costs of the of the work done, or upon Official shall execute a release of the recorded has been placed on the to the Building Official, who shall cancel the G. Contest of City Councils Decision Unless action is brought in a court of competent jurisdiction within thirty (30) days after final juflgment by the City Council, contesting the validity of any proceedings leading up to and including the decision of the City Council, all objections will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. ONIFORM PLUMBING CODE 1988 PART 2 VIOLATION AND PENALTIES 20.3 the first paragraph is amended to read as follows: 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 of not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for not to exceed six months, or by both fine and imprisonment. 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, and upon conviction thereof shall be punishable as herein provided. PART I SCHEDULE OF FEES 20.7 is amended to read as follows: The schedule of fees shall be set pursuant to Chapter 3.32 of the Municipal Code. SECTION 401(A) exception 2 is amended to read as follows: (2) ABS, PVC and DWV piping installations shall be limited to those structures where combustible and non-fire rated construction is allowed. SECTION 503(A) exception 2 is amended to read as follows: (2) ABS, PVC and DWV piping installations shall be limited to those structures where combustible and non-fire rated constructions is allowed. IINIFORM FIRE CODE 1988 EDITION SECTION 9.105 the followinq definitions are amended: CHIEF OR CHIEF OF THE FIRE DEPARTMENT is the City Manager or his authorized representative. CHIEF ENGINEER is the City Manager or his authorized representative. CHIEF OF THE BUREAU OF FIRE PREVENTION is the City Manager or his authorized representative. NATIONAL ELECTRICAL CODE 1987 EDITION SECTION 304(A) shall be amended as follows: Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. ARTICLE 310-5 is amended by addinq the followinq sentence. Conductors smaller than size six shall be copper only. ARTICLE 336-3 is amended as follows: Type NM and Type NMC cables shall be permitted to be used in one and two family dwellings, and multi-family apartment dwellings, not exceeding three floors above grade. UNIFORM SAIMMING POOL~ SPA AND HOT TUB CODE 1988 EDITION SECTION 1.11 shall be amended as follows: Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. SECTION 320 is added to read as follows: SECTION 320: Fencing A. Every person in possession of land within the incorporated area of the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-door body of water designed, constructed and used for swimming, dipping or immersion by men, women or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence of any material or design, except as hereinafter provided, substantially constructed, not lower than five (5) feet in height above the surface of the ground measured vertically from the outside grade and completely surrounding such pool or body of water. B. Openings between members. a) No opening between vertical members of a wood, metal, picket stake or other fence shall exceed five (5) inches between members. No opening between horizontal members of a wood, metal or other fence shall exceed two (2) inches between members. If a fence combining vertical and horizontal members meets either the vertical or horizontal requirements of this section, it shall be deemed to meet the requirements of this section. b) Masonry-type fences are excepted from the provisions of this section. C. Clearance above ground. All enclosures and gates shall extend to within two (2) inches of firm soil or within four (4) inches of pavement._ D. Gates, doors, latches. a) All gates or doors opening through a swimming pool enclosure shall be equipped with a self-closing and self-latching device designed to keep such door or gate securely closed at all times when not in actual use. The unlocking or unlatching device shall be located not less than five (5) feet above grad or steps at the gate or door measured vertically outside the enclosed areas. This shall include any passage door or gate opening from an accessory building, such as a garage. b) There shall be the following exceptions to this section: (1) The unlocking or may be located on enclosure at less five (5) feet in openable from t enclosure. unlatching device the inside of the than the required height when not ze outside of the (2) Self-closing and self-latching devices shall not be required on doors leading from a dwelling unit into the pool area. (3) Double gates installed across vehicular accessways shall be self-closing and shall be equipped with a latching device five (5) feet above grade which may be manually operated. Such gates shall be securely closed at all times when not in actual use. E. Withholding approval. Plaster inspection or approval to fill the pool with water shall be withheld by the Director of Building and Safety until there has been compliance with all fencing and other requirements of this chapter. UNIFORM MECHANICAL CODE 1988 SECTION 204 is amended by adding the followinq paraqraph at the end of said section to read as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinance of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly. SECTION 304(b) is amended to read as follows: The fees for each permit shall be as set pursuant to Chapter 3.32 of the Mechanical Code.