§ 5-6. Violations and Penalties

(a) It shall be unlawful for any person, firm, corporation, or other entity, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or real property in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this Code.

(b) Any person, firm or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor. Any such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this title is committed, continued or permitted.

(c) Notice and order. When the development services director or his designee has inspected or caused to be inspected a building and has found and determined that such building is a substandard building, the development services director or his designee shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building. The development services director or his designee shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

(1) The street address and a legal description for identification of the premises upon which the building is located.

(2) A statement that the development services director or his designee has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 202 of this code.

(3) A statement of the action required to be taken determined by the development services director.

a. If the development services director or his designee has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the development services director or his designee shall determine is reasonable under all of the circumstances.

b. If the development services director or his designee has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the development services director or his designee to be reasonable.

c. If the development services director or his designee has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the development services director or his designee shall determine reasonable (not to exceed sixty (60) days from the date of the order), that all required permits be secured therefor within sixty (60) days from the date of the order and that the demolition be completed within such time as the development services director or his designee shall determine is reasonable.

(4) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the development services director or his designee:

a. Will order the building vacated and posted to prevent further occupancy until the work is completed, and

b. May proceed to cause the work to be done and charge the costs thereof against the property or its owner.

(5) Statements advising:

a. That any person having any record title or legal interest in the building may appeal from the notice and order or any action of the director of development services or his designee to the appeals board, provided that the appeal is made in writing as provided in this code, and filed with the director of development services or his designee within thirty (30) days from the date of service of such notice and order, and

b. That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(d) Service of notice and order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one (1) copy thereof shall be served on each of the following if known to the director of development services or his designee or disclosed from official public records: The holder or any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the director of development services or his designee to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this action.

(e) Method of service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the director of development services. If no address of any such person so appears or is known to the director of development services, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.

(f) Proof of service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the director of development services.

(Ord. No. 92-22, § 6, 12-21-92)

refeditor

Section 6 of Ord. No. 92-22, adopted Dec. 21, 1992, amended § 5-6 to read as herein set out. Formerly, § 5-6 pertained to Uniform Building Code § 3802 and derived from § 2 of Ord. No. 71-29, adopted Nov. 1, 1971; § 2(6) of Ord. No. 82-13, adopted Sep. 7, 1982; and § 2 of Ord. No. 87-22, adopted Nov. 2, 1987.