(A)

Chapters 1 through 35, 66, 67, 96, 98, 99 and Appendices C, F, H, I, J, and O of Title 26, Los Angeles County Building Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Building Code, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein, except as revised by Section 150.002.

(B)

Title 26 of the Los Angeles County Code, together with any and all amendments thereto proposed by the city, shall collectively be known as the City of Santa Fe Springs Building Code and may be cited as Section 150.001 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Section 202 of the Building Code is amended to read:

Notwithstanding the provisions of Section 150.001, the Building Code is amended by amending the following definitions in Section 202 thereof to read:

202. Definitions.

In addition to the definitions specified in Chapter 2 of this Code, the following certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Terms, phrases, and words used in the masculine gender include the feminine and the feminine the masculine. In the event of conflicts between these definitions and definitions that appear elsewhere in this code, these definitions shall govern and be applicable.

Board of Supervisors shall mean the City of Santa Fe Spring City Council.

Building Department shall mean the Building and Safety Division of the City of Santa Fe Springs Public Works Department.

>County, County of Los Angeles, or unincorporated territory of the County of Los Angeles may mean City of Santa Fe Springs or Los Angeles County depending on the context.

Electrical Code shall mean the Electrical Code as adopted by the City of Santa Fe Springs.

Existing Building Code shall mean the Existing Building Code as adopted by the City of Santa Fe Springs.

Fire Code shall mean the Fire Code as adopted by the City of Santa Fe Springs.

Mechanical Code shall mean the Mechanical Code as adopted by the City of Santa Fe Springs.

Plumbing Code shall mean the Plumbing Code as adopted by the City of Santa Fe Springs.

Residential Code shall mean the Residential Code as adopted by the City of Santa Fe Springs.

(B)

Section 107.19 is deleted in its entirety and replaced with a new 107.19 to read:

107.19 Exemption of Emergency Fallout Shelters from Permit Fees Notwithstanding anything to the contrary contained in the Building, Plumbing and Electrical Codes of the city as adopted in this chapter, no fees shall be required for the issuance of building, plumbing and electrical permits to perform work regulated by any of such codes in a structure designed and used exclusively as an emergency fallout shelter.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

Notwithstanding the provisions of Section 150.001, fees for plan check, inspection, and other building code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Section 1206 (Sound Transmission) of Chapter 12, Chapters 67, 69, 96, 98, 99, and appendix J of Title 26 of the Los Angeles County Building Code are adopted by reference as amended by the City of Santa Fe Springs Building Code and incorporated into this Section 150.004 as if fully set forth below and shall be known as Section 1206 of Chapter 12, Chapters 67, 69, 96, 98, 99, and appendix J of the City of Santa Fe Springs Residential Code.

(B)

Chapters 1 through 10, 44, and Appendix AH, AQ, AS, and AZ of Title 30, Los Angeles County Residential Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Residential Code, are hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this Code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(C)

This section shall be known as the City of Santa Fe Springs Residential Code and may be cited as Section 150.004 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Los Angeles County Existing Building Code Chapters 1 through 5, 15, 16, and Appendix A, Chapters A1, A3, A4, and A5 of Title 33, Los Angeles County Existing Building Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Existing Building Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this codeode with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(B)

This section shall be known as the City of Santa Fe Springs Existing Building Code and may be cited as Section 150.005 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Los Angeles County Electrical Code Articles 80 through 90, Chapters 1 through 9, and Annexes A, B, C, D, E, F, G, H, I, and J, of Title 27, Los Angeles County Electrical Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Electrical Code, except as otherwise provided in said Title 27, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(B)

This section shall be known as the City of Santa Fe Springs Electrical Code and may be cited as Section 150.006 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

Notwithstanding the provisions of Section 150.006, fees for plan check, inspection, and other electrical code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Los Angeles County Mechanical Code Chapters 1 through 17 and Appendices B, C, and D of Title 29, the Los Angeles County Mechanical Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Mechanical Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained therein.

(B)

This section shall be known as the City of Santa Fe Springs Mechanical Code and may be cited as Section 150.008 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

Notwithstanding the provisions of Section 150.008, fees for plan check, inspection, and other mechanical code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

Los Angeles County Plumbing Code Chapters 1 through 17, and Appendices A, B, D, H, I, and J of Title 28, Los Angeles County Plumbing Code, as amended and in effect on or before January 1, 2023, adopting the 2022 California Plumbing Code, is hereby adopted by reference pursuant to the provisions of Sections 50022.1 through 50022.10 of the Government Code, and made a part of this code with the same force and effect as though set out herein in full, including all of the regulations, revisions, conditions and terms contained.

(B)

This section shall be known as the City of Santa Fe Springs Plumbing Code and may be cited as Section 150.010 of the City of Santa Fe Springs Municipal Code.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

Notwithstanding the provisions of Section 150.010, fees for plan check, inspection, and other Plumbing Code fees shall be as set by resolution of the City Council.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

(A)

For proposed developments requiring either a building permit or grading plan approval, a drainage plan or a drainage element to the grading plan as required by the City Engineer shall be prepared by a civil engineer registered in the state and shall be approved by the City Engineer prior to the issuance of any building permit or prior to the approval of any grading plan.

(B)

Unless otherwise approved by the City Engineer, the engineer for the developer or owner shall certify that:

(1)

Surface water will not be diverted from one property to another over which water would not naturally flow.

(2)

Stormwater will not be gathered by artificial means and be discharged onto lower property in greater volume or concentration than water would naturally be discharged unless a natural drainage course or storm drain is available as an outlet.

(3)

Concentration of surface water into a single channel will not be discharged onto lower property.

(4)

Ditches or other artificial structures will not be constructed to drain water that accumulates in ponds or sumps for discharge onto lower property owned by others.

(5)

There will be no obstruction to the flow of surface water from higher property that naturally drains across or onto lower property.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

In addition to any fees required by the County Building Laws, a plan checking fee for each drainage plan or grading plan checked for drainage shall be paid to the city as set by City Council resolution.

(Ord. 1137, § 2(Exh. A), passed 4-16-24)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Building. A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes.

(Ord. 185, passed 10-12-61; '64 Code, § 5-6)

It shall be unlawful for any person to move any building or structure or any section of any building or structure upon, along or across any public street, place or alley in the city or from one location to another in the city, without first having deposited the sum of $500 with the city. Such deposit shall be for the benefit of the city to indemnify the city for any damage caused to public streets, highways, trees or other property by the moving of such building or structure. Such deposit shall be in addition to any other cash deposit or surety bond required by the terms of any other ordinance of the city applicable to the moving of buildings or structures.

(Ord. 185, passed 10-12-61; '64 Code, § 5-7)

Cross reference— Penalty, see § 10.97

The city shall collect an inspection fee in the amount of $10 for the purpose of ascertaining if any damage has been caused to public streets, highways, trees or other property by the moving of any building or structure. Such fee shall be in addition to any other issuance fee required by the terms of any other ordinance of the city applicable to the moving of buildings or structures.

('64 Code, § 5-7.1; Ord. 418, passed 4-13-72)

In the event any building or structure during the course of its transit through the city shall be parked or stored, temporarily or otherwise, the permittee moving such building or structure shall be required to pay to the city the sum of $50 for each day or portion thereof that such building or structure is parked, stored or otherwise maintained immobile within the city. In the event any tree, streetlight or any other public property is damaged or destroyed during the course of or in connection with the transit of any building or structure through the city, the amount of such damage as determined by the city shall be deducted from the deposit as required by this subchapter.

(Ord. 185, passed 10-12-61; '64 Code, § 5-8)

Within 14 days after any building or structure has been moved, the permittee shall complete all cleanup operations as required by the Director of Public Works upon the site from which the building or structure has been moved. Such operations shall include, but shall not be limited to, the removal of all rubbish and materials from the site, the filling of all excavations to existing grade and such additional work as may be necessary to leave the premises in a safe and sanitary condition. In the event that the cleanup operations are not completed within such 14-day period, the city shall cause to be done all necessary work to complete such cleanup operations and the cost thereof shall be deducted from the deposit as required by this subchapter.

(Ord. 185, passed 10-12-61; '64 Code, § 5-9)

Cross reference— Penalty, see § 10.97

The city shall refund to the permittee such portion of the $500 deposit required in § 150.021 as may remain after deduction of any charges made or costs incurred by the city pursuant to the provisions of this subchapter.

(Ord. 185, passed 10-12-61; '64 Code, § 5-10)

The permittee under this subchapter shall be liable for any expenses, damages or costs in excess of the amount deposited by him and the City Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.

(Ord. 185, passed 10-12-61; '64 Code, § 5-11)

(A)

The permittee under this subchapter shall take out and maintain during all operations within the city such public liability and property damage insurance as shall protect such permittee from any claim for damages for personal injury, including death, as well as from claims for property damage which may arise from such permittee's or any subcontractor's operations within the city, whether such operations be by such permittee or by any subcontractor, or by anyone directly or indirectly employed by either the permittee or any subcontractor, and the amounts of such insurance shall be as follows:

(B)

The permittee under this subchapter shall deposit with the city, prior to issuance of the permit, certificates evidencing the required insurance. Such certificates shall be so endorsed as to require the giving of 30 days written notice to the city prior to cancellation or revision of the insurance coverage evidenced thereby.

('64 Code, § 5-11.1; Ord. 418, passed 4-13-72)

Cross reference— Penalty, see § 10.97

Those respective portions of the city included within the respective limits described and identified in this section shall be known as Fire Zone No. 1:

That certain area bounded by Telegraph Road on the north, Jersey Avenue on the east, the rear property line of the dwellings on the north side of Davenrich Street on the south, and Bartley Avenue on the west.

(Ord. 143, passed 3-10-60; '64 Code, § 5-12)

Cross reference— Fire prevention and protection, see §§ 93.01 et seq.

(A)

All of those portions of the city included within the commercial zones as defined in the zoning ordinance of the city which are outside of the areas designated as Fire Zone No. 1, are designated as Fire Zone No. 2.

(B)

The words Commercial Zones, as used in this section, shall include all real property upon which commercial uses are allowed pursuant to duly granted variance, exception or modification.

(Ord. 143, passed 3-10-60; Ord. 151, passed 6-23-60; '64 Code, § 5-13)

All areas not included within Fire Zone No. 1 or Fire Zone No. 2, and lying within the city are designated as Fire Zone No. 3.

(Ord. 143, passed 3-10-60; '64 Code, § 5-14)

The Building Inspector of the city is hereby designated as the official numberer of buildings in and for the city. He shall be charged with the duty of assigning, and shall assign, to the various houses, buildings and structures with the city official numbers and street addresses in accordance with the street numbering system in effect throughout the city, which numbers shall be coordinated with the official street numbering system of the county. Such numbers shall be assigned upon request of the property owner or his authorized agent, and no charge shall be made for such assignment. Whenever a change or an extension of any street shall necessitate a change in the number of buildings, the Building Inspector shall designate the proper number. All street addresses shall be with reference to public streets unless, in the opinion of the Planning Director, there is no public street reasonably available for the purpose.

('64 Code, § 5-20; Ord. 329, passed 1-11-68)

The assigned number of a building shall be placed in the immediate area of the main door or entrance to the building. If such number is not visible from the street frontage, a separate street posting of such number shall be made. Each figure of such number shall be at least three inches in height, excepting fractional figures which may be no less than 1/3 of such size. Numbers shall contrast to the background on which they are located and the visibility of such numbers shall not be impaired with shrubbery or other obstructions.

('64 Code, § 5-21; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

It shall be unlawful for any person, other than the official numberer of buildings, to assign to, or designate for, any house, building or structure within the city any official number or street address which purports to be an official number or street address.

('64 Code, § 5-22; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

It shall be unlawful for any person to place, fix, display or exhibit in or upon any house, building or structure, or portion thereof, within the city, as the official number of such house, building or structure, or as a number which purports to be the official number thereof, any number other than the official number of such house, building or structure assigned thereto by such official numberer of buildings.

('64 Code, § 5-23; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

All houses, buildings and structures within the city, other than accessory buildings, shall be numbered with the number or numbers assigned thereto by the official numberer of the city as hereinabove contemplated, and it shall be unlawful for the owner, occupant or person in charge or control of any such house, building or structure required to have a number under the provisions of this subchapter to fail or refuse to obtain and properly display upon any such house, building or structure the official number or numbers thereof, as hereinabove provided for.

('64 Code, § 5-24; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

It shall be the duty of the Building Inspector to notify all owners of property or persons in possession of property for which the official numbers have been established, as provided in this subchapter, and such owners or persons in possession of the property shall within ten days after such notice has been served on them, place the number or numbers allotted to such property upon the premises as required by § 150.056; and all numbers other than the numbers so assigned under the provisions of this subchapter shall be removed from such property by the owners or persons in possession of the property within ten days from the service of such notice designating the appropriate numbers to be placed thereon.

('64 Code, § 5-25; Ord. 329, passed 1-11-68)

Any person who is not in compliance with any provision of § 150.060 shall be given an additional ten-day written notice to comply. Such notice shall be sent by the Building Inspector by certified mail, with return receipt requested, and shall be deemed to be given when mailed. Any person failing to comply with such ten-day notice shall be guilty of a misdemeanor.

('64 Code, § 5-26; Ord. 329, passed 1-11-68)

Cross reference— Penalty, see § 10.97

(A)

The Council declares that its purpose in adopting this subchapter is to eliminate public nuisances that are created when service stations are abandoned or unused for long periods of time.

(B)

The Council finds and determines that:

(1)

The Fire Code of the city requires that underground tanks that were used to store flammable or combustible liquids be removed or filled completely with an inert material whenever such tanks are taken out of service for one year or more.

(2)

Abandoned or unused service stations, the underground storage tanks of which have been removed or filled with inert material, often cannot thereafter be used as service stations, because the cost of replacing such underground tanks or restoring them to serviceable condition is excessive in relation to the economic benefit to be derived therefrom.

(3)

Unused or abandoned service stations often cannot be easily or inexpensively adapted to other uses (even assuming such is allowed in the particular zones where such service stations are situated), because of their unique location in relation to the property lines of their lots, their unique architectural design and their unique structural appurtenances.

(4)

Unused or abandoned service stations are often situated in locations that are uneconomic for such uses, as demonstrated by frequent changes of ownership thereof and the service stations in the city that are now unused and which have been unused for more than 12 months.

(5)

Unused or abandoned service stations constitute dangers to the public health, welfare and safety, in that such conditions invite vandalism, arson, other fire hazards, rodent infestation and unsightliness and blight that depreciate values of surrounding properties.

(6)

The existence of such conditions contravenes the purposes of the zoning ordinances and the general plan of the city, in that planning for a compatible blend of land uses will be disrupted because the lands affected cannot be reasonably put to other uses until the existing conditions are abated by restoration or removal of the buildings, and also in that planning for other uses will be prevented unless such abatement is accomplished.

(7)

The existence of unused or abandoned service stations is injurious and inimical to the public health, safety, comfort and welfare of the community, in that such conditions invite unsightliness, blight, fire hazards, infestation, decreasing values to surrounding properties and vandalism, and the existence of conditions which invite such ills constitutes such abuses of property as to entitle this city to exercise its police powers in order to protect the health, safety, comfort and welfare of the community and of its residents.

(8)

The provisions of this subchapter are categorically exempt under this city's adopted environmental guidelines and procedures.

(9)

This city has the responsibility for strict enforcement of zoning and building regulations and that in the interest of safeguarding the public health, safety, comfort and welfare of the community, abatement is now required of abandoned or unused service stations.

(10)

Unless corrective measures are undertaken to alleviate such present conditions, and particularly, to avoid future problems in this regard, a serious threat to the public health, safety, comfort and welfare of the residents and a serious threat to the values of surrounding properties in this city will continue to exist; that the need of the city to deal with conditions under the procedures herein established outweighs the utility of the conditions as they exist; and that the procedures established hereby for the abatement, demolition and removal and/or enjoinment of the conditions declared by this subchapter to constitute public nuisances are hereby declared to be necessary and reasonable, and that they afford a maximum of due process.

('64 Code, § 5-30; Ord. 494, passed 4-19-75)

There is hereby delegated to the City Manager, the Planning Director, the Planning Commission and the city officers or employees whom they shall designate, the authority to implement the provisions of this subchapter wherever their action is required.

('64 Code, § 5-31; Ord. 494, passed 4-19-75)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Building. Any and all physical improvements or structures which are designed, built or adapted for use as or in connection with a service station, and shall include any and all pumps, pump islands, tanks, mechanical equipment, wells, foundations, signs and any and all other improvements situated on such service station site, and shall include the plural.

Service Station. Any lot or parcel of real property, the buildings of which are designed and built for the purpose of dispensing and selling fuels for internal combustion engines of any type of automotive vehicles, whether or not containing facilities for the provision of other services to customers.

('64 Code, §§ 5-32—5-33; Ord. 494, passed 4-19-75)

Each service station which is unused as such, and the underground storage tanks of which have been removed or filled with inert material, is hereby declared to be a public nuisance.

('64 Code, § 5-34; Ord. 494, passed 4-19-75)

Upon discovery that any service station constitutes a public nuisance as defined in this subchapter, the City Manager or his duly authorized representative shall immediately commence proceedings to abate such nuisance and carry the same through to conclusion in the manner prescribed by this subchapter. Upon such discovery, the City Manager or his representative shall cause notice, in substantially the following form, to be served personally upon or mailed by certified mail to all persons who own or claim an interest in the real property, as disclosed by the last available equalized tax roll on file in the office of the Assessor of the county, or as known to said City Manager or his representative:

NOTICE OF VIOLATION

Notice is hereby given that the City Manager of the City of Santa Fe Springs, or his undersigned representative, has found and determined that conditions exist on the real property described as Los Angeles County Assessor's Parcel No(s). _______, commonly known as _________, Santa Fe Springs, California, which constitute a public nuisance and a violation of the provisions of §§ 150.070 et seq. of Chapter 150 of the Santa Fe Springs City Code, in that the service station situated on said real property has been unused as such for a period of time, the underground storage tanks thereof have been removed or filled with inert material, and _____________________________.

(state other facts constituting nuisance)

Failure to abate said nuisance by (1) reoccupation and reinstitution of use of the premises as a service station (not applicable in case of a nonconforming use), or (2) reoccupation and use of the premises under a conditional use permit for another authorized purpose, or (3) demolition and removal of all buildings situated on said real property, and (4) removal of the other conditions constituting such nuisance, within 120 days from and after the date hereof, shall result in the commencement by the City of Santa Fe Springs of proceedings to abate said nuisance pursuant to the provisions of said §§ 150.070 et seq. of Chapter 150 of the Santa Fe Springs City Code.

If any demolition, dismantling, moving, removal, additions to, or alteration, restoration or repair of any structure, or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be performed, by any person or entity affected by this Notice, other than City officers, employees or agents, appropriate permits must be obtained before commencement of any such work.

Dated: _________, 19___.

__________________________________

City Manager

('64 Code, § 5-35; Ord. 494, passed 4-19-75)

No person shall thereafter:

(A)

Reoccupy or reinstitute any use of any building on the property unless and until the Building Official and Fire Chief shall have inspected the same and found it to be in compliance with such and so many of the standards applicable to the suitability of such building for such occupancy as appear in the City's Building Code and the City's Fire Code; or

(B)

Reoccupy or reinstitute such use on the property if the same is in violation of any applicable zoning regulation of the city; or

(C)

Fail or refuse to pay any fee prescribed for the inspection services specified in division (A) of this section.

('64 Code, § 5-36; Ord. 494, passed 4-19-75)

Cross reference— Penalty, see § 10.97

Notwithstanding any other provisions contained in this subchapter, no service station which is a nuisance under the provisions of this subchapter shall be converted to any other use until and unless a conditional use permit for such use has been obtained in accordance with the provisions of and subject to the conditions set forth in the zoning ordinance of the city.

('64 Code, § 5-37; Ord. 494, passed 4-19-75)

Cross reference— Penalty, see § 10.97

If the public nuisance is abated within the 120-day period specified in the notice of violation, no further action shall be taken with respect thereto by the city. If abatement work has been commenced within such period, the City Manager or his representative may grant a single extension of time for completion for up to 60 days for good cause shown, e.g., delay beyond the control of the owners of the property.

('64 Code, § 5-38; Ord. 494, passed 4-19-75)

(A)

If the owners of the property do not abate the nuisance within the time specified in such notice, or any extension thereof, the City Manager or his representative shall cause notice, in substantially the following form, to be served personally upon or mailed by certified mail to all persons who own or claim an interest in the real property, as disclosed by the last available equalized tax roll on file in the office of the Assessor of the county, or as known to the City Manager or his representative.

NOTICE OF HEARING ON

ABATEMENT OF NUISANCE

Notice is hereby given that on _____, 19___, at the hour of _____, of said day or as soon thereafter as the matter can be heard, the City Council of the City of Santa Fe Springs, California, will hold a public hearing in the Council Chambers of the Santa Fe Springs City Hall, 11710 Telegraph Road, Santa Fe Springs, California, to ascertain whether or not certain premises in the City of Santa Fe Springs described as Los Angeles County Assessor's Parcel No(s). _____, and commonly known as __________, Santa Fe Springs, California, constitute a public nuisance and require abatement as prescribed in §§ 150.070 et seq. of Chapter 150 of the Santa Fe Springs City Code.

The conditions which shall be the subject of the public hearing are as follows: ______________. If said premises are found by the Council to constitute a public nuisance, and if the public nuisance has not been abated by the person or persons responsible therefor, such public nuisance may be ordered by the City Council to be abated by the person or persons who own or claim an interest in said real property, or may be ordered to be abated by the City and the cost thereof charged to said person or persons or levied as an assessment against said real property.

All persons having any objection to or interest in said matters are hereby notified to attend the hearing at the time and place hereinabove specified, at which their testimony and evidence will be heard and received and given due consideration.

Dated: _______, 19___.

_______________________________________

City Manager

(B)

Such notice shall be served or mailed as aforesaid, and a copy thereof shall be posted conspicuously on the property not later than 15 days before the day fixed for the hearing. Proof of service and posting shall be made by written declaration under penalty of perjury and filed with the clerk of the Council before the time fixed for the hearing.

(C)

A copy of such notice shall also be published in a newspaper of general circulation in the city pursuant to the provisions of Cal. Gov't Code § 6061, such publication to be done not later than ten days before the date of the hearing.

('64 Code, § 5-39; Ord. 494, passed 4-19-75)

(A)

At the hearing, after the City Manager shall have presented evidence on the issue, any interested person may state his objections and protests and give evidence relative to the alleged public nuisance or the proposed abatement thereof.

(B)

After all such evidence is received and heard, the Council shall determine the issue. If it finds and determines that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, the Council may take such action as it may deem necessary therefor, including (but not by way of limitation) any of the following actions:

(1)

Allow abatement by means of reinstitution of lawful service station or other uses, including rehabilitation and repair if necessary, within a stated period of time; or

(2)

Order the nuisance to be abated by removal of the cause thereof, including, if necessary therefor, the demolition and removal of any or all structures situated on the property, the filling of all excavations, and the excavation and removal of all underground tanks and appurtenances; and

(3)

Revoke any permits or variances that authorized or otherwise pertained to the discontinued service station use.

(C)

If the Council's order is made pursuant to subdivisions (1) and (2) of division (B), the Council may condition its order upon commencement of such abatement within such period of time as the Council may find to be reasonable in the circumstances, and may order that, upon failure of such condition:

(1)

The Director of Public Works shall abate the nuisance by awarding a contract for the work of abatement in the name of the city; or

(2)

That the City Attorney commence an action to enjoin the nuisance.

('64 Code, § 5-40; Ord. 494, passed 4-19-75)

Any costs incurred by the city in bringing about the required demolition, and removal of buildings and filling of excavations may be ordered by the City Council to be charged to the persons claiming by virtue of the records of the County Recorder to be the owners of the real property, or to be charged as a lien against the real property itself.

('64 Code, § 5-41; Ord. 494, passed 4-19-75)

This subchapter is not exclusive. The Council shall have the power to provide other procedures or to follow procedures now or hereafter provided by general law. The procedures and powers herein specified are alternative. When proceeding under this subchapter, its provisions duly need be followed. The provisions of this subchapter shall be controlling to the extent that they are in conflict with any of the provisions of any general law or act, except as herein expressly otherwise provided.

('64 Code, § 5-42; Ord. 494, passed 4-19-75)

Any party aggrieved with the proceeding, decision or action taken by the City Council under this subchapter in ordering the abatement of a public nuisance or other order, must bring an action to contest such proceeding, decision, action or order within 30 days after the date of the decision, action or order of the City Council.

('64 Code, § 5-43; Ord. 494, passed 4-19-75)

Each action taken or order made by the Council under this subchapter shall be done by resolution, a copy of which shall be served personally or by certified mail upon all persons who were entitled to notice under the provisions of § 150.078, not later than 14 calendar days after the date of adoption of such resolution.

('64 Code, § 5-44; Ord. 494, passed 4-19-75)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Director. The Director of Planning and Development, or his designee.

Occupant. Any person who occupies a unit, whether as an owner or permittee of the owner.

Owner. Both the owner and the agent of the owner.

Unit. The residential dwelling unit in a single-family, two-family or multi-family residence building, which is not owner-occupied, excluding motels, hotels, rooming houses and boardinghouses and similar living accommodations.

('64 Code, § 17B-1; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90; Am. Ord. 862, passed 9-12-95)

No persons shall rent, lease, occupy or otherwise permit any unit which is hereafter vacated by the previous occupant thereof to be reoccupied until such unit is registered with and inspected by the City Department of Planning and Development or provided with a certificate of exemption.

('64 Code, § 17B-2; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

Cross reference— Penalty, see § 10.97

No persons shall supply, provide, or arrange for the provision of utilities, including water, electricity, and gas, for any unit which has been vacated by its prior occupants unless such unit has been registered as required in this subchapter and the owner presents proof of registration and inspection or proof of exemption to the utility company.

('64 Code, § 17B-3; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

Cross reference— Penalty, see § 10.97

(A)

In addition to any other requirements and regulations set forth in this subchapter, at least once each year, the owner of every unit shall obtain an annual registration and inspection certificate (the registration certificate) from the Director by filing a written application on a form to be prescribed by the Director, paying an annual registration and inspection fee and having the unit inspected by the city.

(B)

The fee shall be set by separate resolution of the City Council in accordance with applicable state law. The owner shall not rent or reoccupy any unit prior to its passing such inspection.

(1)

This section authorizes the City Council to set the fees for residential rental inspection.

(2)

The following fees set by this resolution are the reasonable costs to the city in terms of employee services to conduct these inspections and prepare the required certificate:

(a)

Apartment units, an amount as set by City Council resolution.

(b)

Condominium/townhouses, an amount as set by City Council resolution.

(c)

Single-family dwellings, an amount as set by City Council resolution.

('64 Code, § 17B-4; Ord. 775, passed 5-24-90; Res. 5461, passed 5-24-90; Am. Ord. 862, passed 9-12-95; Am. Ord. 875, passed 6-12-97)

The owner of each unit shall have each unit inspected by the city at least once annually for compliance with applicable sections of state and local codes relating to zoning, building, health and safety, and property maintenance and obtain an annual registration and inspection certificate evidencing that said inspection has been completed as set forth in this subchapter.

('64 Code, § 17B-5; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90; Am. Ord. 862, passed 9-12-95)

Cross reference— Penalty, see § 10.97

Where violations are found, the property owner shall reimburse the city for all costs incurred by the city for obtaining compliance.

('64 Code, § 17B-6; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

(A)

The registration certificate shall expire upon release of the unit, or one year from the date of issuance, or upon any change of tenants, or upon change of property ownership, whichever occurs first.

(B)

The registration certificate shall state:

(1)

The date of issue.

(2)

The legal use of the property.

(3)

The address of the property.

(4)

The property owner's name and address.

(5)

A registration number.

(6)

The one year date of expiration and a notice that it will also expire upon release of the unit, or upon any change of tenants, or upon any change of property ownership, should any of these events occur before the one year date of expiration.

(7)

Any other pertinent information.

('64 Code, § 17B-7; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

The following are exempted from these provisions:

(A)

Owner-occupied dwellings.

(B)

Mobile home parks which have been issued a certificate of exemption.

(C)

Reconnection of utilities turned off by the utility for lack of payment.

('64 Code, § 17B-8; Ord. 775, passed 5-24-90)

(A)

Upon reasonable notice given the property owner and the tenant by the city of an impending inspection, entry to the interior of the premises and the exterior grounds shall be granted by the occupants of the unit.

(B)

Substandard conditions shall deem to exist if any one of the following is found or a combination thereof:

(1)

Lack of, or substandard water closet, lavatory, or bathtub or shower in a dwelling unit.

(2)

Lack of, or substandard kitchen sink.

(3)

Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

(4)

Substandard heating.

(5)

Lack of, or substandard operation of required ventilating equipment.

(6)

Lack of minimum amounts of natural light and ventilation required by Uniform Building Code.

(7)

Lack of required electrical lighting.

(8)

Dampness of habitable rooms.

(9)

Infestation of insects, vermin, or rodents to an extent that it affects the health of the occupants of the unit.

(10)

General dilapidation or improper maintenance.

(11)

Lack of connection to required sewage disposal system.

(12)

Lack of adequate garbage and rubbish storage and removal facilities.

(13)

Deteriorated or inadequate foundations.

(14)

Defective or deteriorated flooring or floor supports.

(15)

Flooring or floor supports of insufficient size to carry imposed loads with safety.

(16)

Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

(17)

Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

(18)

Substandard wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

(19)

Substandard plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures.

(20)

Substandard mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.

(21)

Faulty weather protection, which shall include, but not be limited to, the following:

(a)

Deteriorated, crumbling, or loose plaster.

(b)

Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.

(c)

Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(d)

Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

(22)

Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the Fire Department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(23)

Substandard materials of construction except those which are specifically allowed or approved by the Uniform Building Code and which have been adequately maintained in good and safe condition.

(24)

Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.

(25)

All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

(26)

All buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by Fire Code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increases in occupant load, alteration or addition, or any change in occupancy.

(27)

All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies.

(28)

Interior walls or doors which are defective or in disrepair.

(29)

Unpainted interior walls or doors and those peeling, cracking, or warping, or having dry rot or termite infestation.

(30)

Interior flooring which is defective or in a state of disrepair.

(31)

Lack of smoke detectors installed in compliance with applicable codes.

(32)

Window screens and or screen doors which are defective or in disrepair.

(33)

Unapproved security bars, grilles, grates or similar devices installed on an emergency escape or rescue windows or doors shall be removed or modified to conform to § 1204 of the Uniform Building Code.

(34)

Incinerator chimneys which do not terminate in a substantially constructed spark arrester having a mesh not exceeding 1/2 inch or comply with International Conference of Building Officials (I.B.C.O.) requirements.

(35)

Storage of flammable liquid(s) as defined in the Fire Code, inside a building exceeding five gallons or outside a building exceeding ten gallons.

(36)

Storage of combustible liquid(s) as defined in the Fire Code, inside a building exceeding 25 gallons or outside a building exceeding 60 gallons.

('64 Code, § 17B-9; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90)

Any person aggrieved by the determination of the Director under this subchapter may appeal to the City Manager. The appeal must be filed in writing within seven days after transmittal of the notification to the aggrieved person of the decision being appealed. The appeal must be in writing and must state with specificity the reason why the Director's decision is being contested. The City Manager may hold a hearing before the aggrieved party or only review the written statements. The City Manager shall issue a written decision on the appeal within 30 days of the receipt of the written appeal. The aggrieved person shall be notified in writing of the decision on the appeal. There is no right of appeal from the requirement of registration in the program.

('64 Code, § 17B-10; Ord. 775, passed 5-24-90; Am. Ord. 862, passed 9-12-95)

It is unlawful and it is a public nuisance to have or maintain any rental property, which, upon inspection, fails to comply with state and local laws as they relate to housing standards, property maintenance, building codes or local zoning requirements, or which contains substandard conditions as set forth in this subchapter. The owner shall correct any violations of law discovered during the inspection when directed to do so by the Director.

('64 Code, § 17B-12; Ord. 775, passed 5-24-90; Am. Ord. 777, passed 8-13-90; Am. Ord. 862, passed 9-12-95)

Cross reference— Penalty, see § 10.97

This subchapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The City Manager or his or her authorized representatives is hereby authorized and directed to post the appropriate placard at each entry point to a building or structure upon completion of a visual safety assessment.

(Ord. 1070, passed 3-24-16)

The provisions of this subchapter are applicable to all buildings and structures of all occupancies regulated by the city.

(Ord. 1070, passed 3-24-16)

The following definition shall apply to this subchapter unless the context indicates or requires a different meaning.

Safety Assessment. A visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

(Ord. 1070, passed 3-24-16)

(A)

The following are descriptions of placards to be used to designate the condition for continued occupancy of buildings or structures:

(1)

"INSPECTED - Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.

(2)

"RESTRICTED USE" is to be posted on each building or structure that lacks ventilation, running water, or other utilities which causes the occupancy to become a health concern, or if the building or structure has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered, and will clearly and concisely note the restrictions on continued occupancy and/or use.

(3)

"UNSAFE - Do Not Enter" is to be posted on each building or structure that has been damaged or that improvements have been made to the building or structure without proper permits or approvals, and that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the City Manager or his authorized designee. It does not necessarily mean that the building or structure is to be condemned, but it is an official warning that remediation is required. Safety assessment teams shall be authorized to enter these buildings at any time.

(B)

Each placard shall display the name, address and phone number for the city/City Hall, plus "City Code § 150.106."

(C)

Once attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the city. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this subchapter.

(Ord. 1070, passed 3-24-16)

The penalty for violating any of the provisions of §§ 150.120 et seq. shall be set as forth in § 10.97.

(Ord. 1070, passed 3-24-16)