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HomeMy WebLinkAboutOrd. No. 1995-1007 ORDINANCE NO. 1007 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 944, AND ADOPTING BY REFERENCE THE FOLLOWING CODE WITH CERTAIN AMENDMENTS, DELETIONS AND ADDITIONS THERETO: UNIFORM BUILDING CODE, 1994 EDITION; UNIFORM HOUSING CODE, 1994 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING, 1994 EDITION; UNIFORM PLUMBING CODE, 1994 EDITION; UNIFORM MECHANICAL CODE, 1994 EDITION; UNIFORM FIRE CODE, 1994 EDITION; NATIONAL ELECTRICAL CODE, 1993 EDITION; UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1994 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the City Council of the City of Lake Elsinore does ordain as follows: SECTION ONE: - Ordinance Number 994 IS HEREBY REPEALED SECTION TWO: The following listed codes with amendments, additions and deletions thereto are adopted by reference: Uniform Building Code, 1994 Editions, including appendix chapters 7,11,31,18,15 33 and Exhibit "A" attached thereto. Uniform Housing Code, 1994 Edition including Exhibit "A" attached thereto. Uniform Code for the Abatement of Dangerous Building, 1994 Edition including Exhibit "A" attached thereto. Uniform Plumbing Code, 1994 Edition including Appendix A through D, Exhibit "A" attached thereto. Uniform Fire Code, 1994 Edition including Exhibit "A" attached thereto. National Electrical Code, 1993 Edition including Uniform Administrative Code provisions and Exhibit "A" attached thereto. Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition including Exhibit "A" attached thereto. Uniform Mechanical Code, 1994 Edition including Exhibit "A" attached thereto. ORDINANCE NO. 1007 PAGE TWO 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 14 th day of November, 1995, upon the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI, BENDER ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 28 th day of November 1995, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BENDER - ABSTENTIONS: COUNCILMEMBER: NONE ATTEST: i~~ VICKI K~.S.t.U), CITY CLERK ITY ATTORNEY UNIFORM BUILDING CODE 1994 AMENDMENTS SECTION 103 is amended by adding the following paragraph 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 guil ty 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 one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of 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 shall be punished accordingly. SECTION 107.2 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 107.3 the last sentence of first paragraph is amended to read as follows: Said plan review free shall be 75 percent of the building permi t fee as set pursuant to Chapter 3.32 of the lake Elsinore Municipal Code. SECTION 3310.1 the second sentence is amended to read as follows: - Fees set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code. SECTION 3310.3 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 3314.1 is amended by adding the following paragraph 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 3316 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 IS, 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. Unifor.m Building Code 1994 Amendments Page 2 2. Desilting facility 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 identification of any temporary stabilization measures. and soil (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 civil engineer will supervise erosion control and certify that work is in accordance with the approved plans. (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 times the maximum design flow. B. Temporary Erosion Control Measures 1. The permittee shall keep a standby crew for emergency work, available at all times d~ring 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. Unifor.m Building Code 1994 Amendments Page 3 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 whenever eighteen required Official. one guard shall be posted on the site the depth of water in any device exceeds inches. Additional guards may be as deemed necessary by the Building - 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 Rainey Seasons. For proj ects extending into subsequent rainy seasons, for temporary drainage and erosion control plans shall be submitted. These plans shall comply with all requirements in Section 1716 (A) and (B). UNIFORM HOUSING CODE 1994 AMENDMENTS SECTION 202 is amended 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 adding the following paragraph 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 ordinance of Lake Elsinore shall be punished by a fine of not more than one-thousand 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 ordinance of Lake Elsinore is committed, continued, or permitted by any such person and shall be punished accordingly CHAPTER 11 IS DELETED CHAPTER 12 IS DELETED CHAPTER 13 IS DELETED CHAPTER 14 IS DELETED CHAPTER 15 IS DELETED CHAPTER 16 IS DELETED CHAPTER 17 - Abatement of substandard and unsafe 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 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 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. 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 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 1703: MANNER OF GIVING 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 Unifor.m Housing Code 1994 Amendments Page 2 - 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 mortgage 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 address of such interest holders. - SECTION 1704: ORDER TO VACATE - Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he shall given 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 making the required repairs or the demolition of the building, without the written permission of the Building Official. SECTION 1705: NOTICE OF ADMINISTRATIVE PROCEEDING - 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: 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 10 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 appellantjs 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: HEARING - 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 Uniform Housing Code 1994 Amendments Page 3 - 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 make 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 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 BRING 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 and 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 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 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. 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: Uniform Housing Code 1994 Amendments Page 4 - (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 rehabili tation 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 contracting for work to be done. SECTION 1712: COST RECOVERY - Repair or demolition cost recovery shall be accomplished in the following manner: (A) 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 provision of this ordinance. 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. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. - (B) Hearing 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 obj ections 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 all protests and obj ection which may be made shall be final and conclusive. ( C) Method of Payment for determined by the City decision rendered in the expense. Cost Recovery. Shall be Council as a part of the hearing of the statement of (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. (D) Payment. and Recordation of Lien. All concerned parties shall be notified of the City Council's 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 Finance Director shall file in the Office of the County Recorder Unifor.m Housing Code 1994 Amendments Page 5 of Riverside County a notice of lien, describing the real property affected, a summary of the action taken 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 assessment 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 City of Lake Elsinore. (E) Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, the Building Official 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 Official, he shall notify the County Auditor who shall cancel the assessment on the roll. (F) Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. UNIFORM FIRE CODE 1994 EDITION SECTION 204-C - the following 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. ~ UNIFORM PLUMBING CODE 1994 AMENDMENT PART I VIOLATION AND PENALTIES 102.3.2 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 one-thousand dollars or by imprisonment in the county j ail 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 103.4.1 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 by adding the preceding sentence to read as follows: 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 1S amended by adding the preceding sentence to read as follows: - ABS, PVC, and DWV piping installations shall be limited to those structures where combustible and non-fire rated constructions is allowed. UNIFORM MECHANICAL CODE 1994 AMENDMENTS SECTION 111.1 is amended by adding the preceding paragraph at the end of said section to read as follow: - 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 one-thousand 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 ordinance of Lake Elsinore is committed, continued, or permitted by any such person, and shall be punished accordingly. SECTION 1.5.2 is amended to read as follows: The fees for each permit shall be as set pursuant to Chapter 3.32 of the Mechanical Code. -. NATIONAL ELECTRICAL CODE 1993 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 adding the following sentence: Conductors smaller than size six shall be cooper 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 SWIMMING POOL, SPA AND HOT TUB CODE 1994 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: Same as Section 15.36.050 of the Lake Elsinore Municipal Code (Ordinance No. 981). ..... UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING 1994 AMENDMENT SECTION 202 is amended to read as follow: 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 adding the following paragraph 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 one-thousand 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 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 17 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 Official 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. 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 posting of the notice, the mortgagee or - - Uniform Code for Abatement of Dangerous Building 1994 Amendments Page 2 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 GIVING 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. 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 posed 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 making the required repairs or the demolition of the building, without the written permission of the Building Official. SECTION 1005: NOTICE OF ADMINISTRATIVE PROCEEDINGS - 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 1006: APPEAL - Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a for 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 10 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. Unifor.m Code for Abatement of Dangerous Building 1994 Amendments Page 3 (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 1007: HEARING - 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 posing 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. - SECTION 1008: TIME TO BRING 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 and 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 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 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 1010: 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. 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 hereinafter 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. Unifor.m Code for Abatement of Dangerous Building 1994 Amendments Page 4 - (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 contracting for work to be done. SECTION 1012: COST RECOVERY - Repair or demolition cost recovery shall be accomplished in the following manner: (A) 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 provision of this ordinance. 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. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. (B) Hearing 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 obj ections 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 all protests and objection which may be made shall be final and conclusive. (C) Method of Payment for determined by the Ci ty decision rendered in the expense. Cost Recovery. Shall be Council as a part of the hearing of the statement of (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. (D) 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 Council's decision on the statement. The Finance Director shall fine in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action taken to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. Unifor.m Code for Abatement of Dangerous Building 1994 Amendments Page 5 - (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 ordinarily 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 same charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City of Lake Elsinore. (E) Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, the Building Official 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 Official, he shall notify the County Auditor who shall cancel the assessment on the roll. (F) Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read by title only for adoption on November 14, 1995, and passed on November 28, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BENDER ABSTAIN: COUNCILMEMBERS: NONE ~~~TY CLERK CITY OF LAKE ELSINORE (SEAL) - STATE OYCALIFORNIA COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI 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. 1007 of said Council, and that the same has not been amended or repealed. DATED: November 30, 1995 ~%~TY CLERK CITY OF LAKE ELSINORE (SEAL)