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HomeMy WebLinkAboutCC Ord 703 1967-01-16 I I , , , ", . " CIlIt[;.IW,L Ui;, I-\l'l. COP'( N01' TO m; Tl.r:a:..\l F ,0,\\ , TI,n; cm Cl.ERK'S AlfR!fR91 ORDINANCE NO. 703 CE OF THE CITY OF SEAL BEACH, CALIFORNIA, CTION 5-8 TO CHAPTER 5 OF THE SEAL BEACH CITY CODE PROVIDING FOR THE PROTECTION OF LIFE, HEALTH, PROPERTY, SAFETY, AND WELFARE OF THE PUBLIC AND OWNERS AND OCCUPANTS OF BUILDINGS AND BY ESTAB- LISHMENT OF INSPECTION STANDARDS AND PROCEDURES FOR REQUIRING REPAIR, VACATION, OR DEMOLITION OF DANGEROUS BUILDINGS. THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Section 5-8 of Chapter 5 is hereby added to the Seal Beach City Code and reads as follows: Section 5-8.1. This ordinance shall be known as the "Uniform Code for Repair, Vacation or Demolition of Dangerous Buildings," may be cited as such, and will be referred to herein as "this Code." Section 5-8.2 (a) Purpose, It is the purpose of the provisions of this Code to provide a just, equitable, and practicable method, to be cumulative with and in addition to, any other remedy provided by the Uniform Building Code or Uniform Housing Code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished. (b) Scope. The provisions of this Code shall apply to all dan- gerous buildings, as herein defined, which are now in existence or which may hereafter be constructed in this city. Section 5-8.3 All buildings or structures which are required to be repaired under the provisions of this Code shall be subject to the provisions of Subsections (a), (b), (c), (d), and (e) of Section 104 of the Uniform Building Code. Section 5-8,4 (a) Administration. The Building Official is hereby authorized to enforce the provisions of this Code. (b) Inspections. The City Health Officer, the Fire Marshall, and the Building Official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Code, (c) Right of Entry. 1. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises dangerous as defined in Section 5-8,10 of this Code, the Building Official or his authorized 1 1 I Ordinance Number . , representative may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Building Official by this Code; provided that (1) if such building or premises be occupied he shall first present proper credentials and demand entry; and (11) if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused the Building Official or his authorized' representative shall have recourse to every remedy pro- vided by law to secure entry. 2. "Authorized Representative" shall include the officers named in Section 5-8,4 (b) and their authorized inspection personnel. 3. No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or refuse, after proper demand made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the pur- pose of inspection and examination pursuant to this Code, Any person violating this subdivision shall be guilty of a misdemeanor. Section 5-8.5 All buildings 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 oy ordinance. Section 5-8.6 No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move,:~prove, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. Any person violating the provisions of this Section shall be guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted. Section 5-8.7 All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this Code and Sections 304 and 305 of the Uniform Building Code. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any build- ing or structure, or cause or permit the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official in the manner and in accordance to the applicable conditions prescribed in Chapter 3 of the Uniform Building Code. -2- 1 I I Ordinance Number . . . , " , Whenever a building permit is required by Section 5-8.9 of this Code, the appropriate fees shall be paid to the Building Official as set forth in Section 303 of the Uniform Building Code. Section 5-8.8 In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five members who are not employees of the City. The Building Official shall be an ex-officio member of and shall act as Secretary to said Board, The Board shall be appointed by the Mayor with the confirma- tion of the City Council and shall serve at their pleasure. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the' appellant with a copy to the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in this Code or by ordinance. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public. The Board may recommend from time to time to the City Council such new legislation as is consistent herewith. Section 5-8.9 For the purpose of this Code, certain words, phrases, and terms, and their derivatives shall be construed as specified in this Chapter. Words, phrases, and terms used in this Code, but not specifically defined herein, shall have the meanings stated therefor in the Uniform Building Code, or Uniform Housing Code. Where not defined in this Code or in the Uniform Building Code or Uniform Housing Code, such words, phrases, and terms shall have the meanings stated therefor in Webster's New International Dictionary of the English Language, Unabridged, Second Edition. Section 5-8.10 For the purpose of this Code, any building or struc- ture which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered: 1. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Uniform Building Code for new buildings of similar structure, purpose of location. 3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was be- fore such catastrophe and is less than minimum require- ments of the Uniform Building Code for new buildings or similar structure, purpose, or location, 4, Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. -3- Ordinance ~umber , , . , I 5. Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Uniform Building Code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the Uniform Building Code for such buildings. 6. Whenever any portion thereof has wracked, warped, budkled or settled to such an extent that walls or other structural portions have materially less resis- tance to winds or earthquakes than is required in the case of similar new construction~ 7. Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay (11) faulty construction; (111) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (lV) the deterioration, decay or inadequacy of its foundation; or (V) any other cause, is likely to partially or completely collapse. 8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 9. Whenever the exterior walls or other vertical struc- tural members list, lean, or buckle to such an extent that a plumb line passage through the center of gravity does not fall inside the middle one-third of the base. 10. Whenver the building or structure, exclusive of the foundation, shows thirty-three per cent (33%) or more damage or deterioration of its supporting member or members, or fifty per cent (50%) damage or deterioration of its non-supporting members, enclosing or ourside walls or coverings. 11. Whenever the building or stfucture has been so damaged by fire, wind, earthquake or flood, or has be- come so dilapidated or deteriorated as to become (1) an attractive nuisance to children; (11) a harbor for vagrants, criminals, or immoral persons; or as to (111) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 12. Whenever any building or structure has been con- structed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regula- tions of this city, as specified in the Uniform Building Code or Uniform Housing Code, or of any law or ordinance of this state or city relating to the condition, location, or structure of buildings. ' 13. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than fifty per cent (50%), or in any I I -4- I I 1 Ordinance Number . supporting part, member, or portion less than sixty-six per cent (66%) of the (1) strength, (11) fire-resisting qualities or characteristics, or, (111) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 14, Whenever a building or structure, used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construc- tion or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 15. Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard. 16. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity juri~prudence, 17. Whenever any portion of a building or structure remains on a site after the demo~ition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard! to the public. Section 2. Severability, If any section, subsection, sentence, clause, phrase, or portion of the ordinance, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Seal Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrase, or portions be declared invalid or unconstitutional. Section 3. The City Clerk shall cert~fy to the passage and adoption of this ordinance and shall cause the same to be posted. PASSED, APPROVED, AND ADOPTED January, 1967. ~ '0 -' ATTEST: ~Ut~~_ City Clerk -5- II ., t 'I I I " , . ~ " STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) Ordinance Number , . , . . , . I, F. W. Hickman, City Clerk of the City of Seal Beach and 1 ex-officio clerk of the City Council,: do hereby certify to the passage and adoption of the foregoing ordinance of the City Council at a regular meeting thereof held on the 16th day of January, 1967, by the following vote: AYES: counci1men4A~j'~~~ 9-e..>~ NOES: Councilmen ~ ABSENT: Councilmen ~ ~~_. C1ty Clerk ~