Ordinance 2701CITY OF ALAMEDA ORDINANCE NO.
New Series
2701
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING ARTICLE IV
(DILAPIDATED BUILDING AND STRUCTURES) IN ITS ENTIRETY AND
REPLACING WITH REVISED ARTICLE IV (UNSAFE, DANGEROUS AND
SUBSTANDARD BUILDINGS; NUISANCES) OF CHAPTER XIII (BUILDING
AND HOUSING)
BE IT ORDAINED by the Counci 1 of the City of Alameda that:
section The Alameda Municipal Code is hereby amended byrepealing Article IV (Dilapidated Building and Structures) of
Chapter XIII (Building and Housing) in its entirety.
section The Alameda Municipal Code is hereby amended by
adding a revised Article IV (Unsafe , Dangerous and SubstandardBuildings; Nuisances) of Chapter XI I I (Bui lding and Hous ing)
thereof to read:
ARTICLE IV. UNSAFE, DANGEROUS AND SUBSTANDARD BUILDINGS;
NUISANCES; SUMMRY ABATEMENT
13-10 ABATEMENT OF SUBSTANDARD AND DANGEROUS BUILDINGS
13-10.Declara tion of purpose.
The city Council finds that Unsafe Substandard and
Dangerous Buildings or structures, or buildings and structures orportions thereof constructed without permits as defined in
subsections 13-10.2, 13-10., 13-10.4. and 13-10.5, are
public nuisances because of their conditions or defects to the
extent that life , health, property or safety of the public or their
occupants are endangered. The city Council further finds that the
immediate abatement of Unsafe Substandard or Dangerous Buildings
or structures by repair , rehabilitation , demolition or removal is
necessary to protect and preserve the safety of the citizens and
communi ties where such structures are found. The procedures
established in this Article are in addition to any other
administrative , criminal or civil remedy established by law which
may be pursued to remedy the violations of the Code. This Article
does not affect or alter other nuisance abatement procedures
established in this Code.
13-10.1 Consistency with Title 25.
The City Council of
this Article is equivalent to
Article 6 section 48 et
Regulations.
the City of Alameda hereby finds that
the procedures set forth in Title 25seq. of the California Code of
REVISED 8/22/95
13-10.Definitions.
13-10.Building Official shall mean the Chief
Inspector , Fire Marshall or Code Enforcement Officer
appointed or designated representatives.
Bui lding
or their
13-10.Dangerous Building or Dangerous structure shall mean anybuilding or structure , or portion thereof , which threatens thelife, health, safety or property of the public or its occupants by
reason of inadequate maintenance , dilapidation, obsolescence , fire
hazard , disaster , damage or abandonment , and includes any of the
following:1. The walking surface of any aisle passageway,
stairway or other means of exit is so warped, worn, loose , torn, or
otherwise unsafe that it does not provide a safe and adequate means
of exit in case of fire or panic;2. Any portion, member or appurtenance of a building or
structure has been damaged by fire , earthquake , wind , flood or by
any other cause , to such an extent that it is likely to partially
or completely collapse , fail, detach or dislodge;3. Any portion of a building or structure , that likely to partially or completely collapse because of: (i)dilapidation, deter ioration or decay; (ii) faulty construction
(iii) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building orstructure; (iv) the deterioration, decay or inadequacy of its
foundation; or (v) any other cause;4. The building or structure has been so damaged byfire, wind, earthquake or flood or has become so dilapidated or
deteriorated as to become an attractive nuisance , or a harbor for
transients , vagrants , or criminals or to enable persons to commit
unlawful acts;5. Any building or structure used or intended to be
used for dwelling purposes which, because of inadequate
maintenance , dilapidation , decay, damage , faulty construction or
arrangement inadequate light , air or sanitation facilities
unsanitary, unfit for human habitation or in a condition likely to
cause sickness or disease;6. The building or structure creates a fire hazard by
virtue of its obsolescence , dilapidated condition deterioration,
damage inadequate exits lack of sufficient fire-resistive
construction , faulty electric wiring, gas connections or heating
apparatus , or other causes;7. The building
. nuisance as def ined by law;
structure consti tutes public
REVISED 8/22/95
8. A portion of a building or structure (including the
foundation and slab or grade) remains on a site after the
demoli tion or destruction of the building or structure , or any
building or structure which has been abandoned for a period in
excess of six (6) months in a manner that it constitutes an
attractive nuisance or hazard to the public;9. The exits of the bui lding or structure or the meansto exit do not conform with the applicable provisions of the
Municipal Code regarding the number of exits , their width or any
other features which may cause a hazard to the life or safety of
the occupants or general public;
10. Defective or overloaded electrical systems , faulty
or leaking fuel piping systems, or deteriorated fuel combustion
equipment or combustion product vents are present;
11. The existing use or occupancy violates the firehealth or bui lding regulations of the Municipal Code;
13-10.Substandard Building or Substandard Structure shall meanany building or structure , or any portion thereof , as def ined in
California Health and Safety Code section 17920.3 as it now exists
or may hereafter be amended.
13-10.
following:
Unsafe Building or Unsafe Structure means any of the
1. The building contains one or more structural
components which cannot withstand 100 percent of the vertical
design loads as required by the applicable version of the Alameda
Building Code; or2. The building or structure contains one or more
structural components of the lateral load resisting system which
cannot withstand 25 percent of the wind or earthquake forces as
required by the applicable version of the Alameda Building Code; or3. The building or structure
other building appendages which are not
wind or earthquake forces as required by
the Alameda Building Code.
contains parapet walls or
capable of resisting thethe applicable version of
13-10.Construction wi thout Permi
Any building or structure , or portion thereof , which has
been constructed without benefit of necessary building permits.
13-10.Maintaining Substandard or Unsafe Buildings or structures
No substandard bui ldings , substandard structures , unsafe
buildings or unsafe structures , or buildings or structures , or
REVISED 8/22/95
portions thereof constructed without a building permit , shall be
maintained in the city of Alameda.
13-10.Declaration of Nuisance.
Any property found to be maintained in violation
section 13-10.3 is hereby declared to be a public nuisance and may
be abated in accordance with the provisions of this Article.
13-10.Contents of Notice and Order.a. Whenever the Building Official determines that a
building, structure or any portion thereof is substandard,
dangerous , or unsafe , or any portion thereof has been constructed
wi thout a building permit , he or she may commence administrative
abatement proceedings by serving upon the owners of such building
or structure and any mortgagee or benef iciary under any deed of
trust of record , a written Notice and Order to abate a publ ic
nuisance.b. The Notice and Order shall contain a description of
the property in general terms reasonably sufficient to identify the
location (s) of the property.c. The Notice and Order shall refer to the conditionslisted in section-10. 2 which render the property or structure
dangerous , substandard or unsafe , and shall order the building, or
portion thereof , vacated and shall institute proceedings for the
correction or abatement thereof , either by demolition , closing or
repair, wi thin thirty (30) days after the date of the Notice and
Order. If, in the opinion of the Building Off icial such condition
can be corrected or abated by repair thereof, the notice shall
state the repair which will be required.d. The Notice and Order shall provide if such buildingor structure is encumbered by a mortgage or deed of trust , of
record , and the owner of such building shall not have complied with
the order of the enforcement agency on or before the expiration ofthirty (30) days after the mailing and posting of the Notice and
Order , the mortgagee or benef iciary under such mortgage or deed oftrust may, wi thin fifteen (15) days after the expiration of said
30-day period , comply with the requirements of the Notice and
Order.e. The Notice and Order shall explain the consequences
should the owner fail to comply with the terms of the Notice and
Order.
The Notice and Order shall identify all hearing
rights.
g.
If the building or structure is rented or leased forresidential occupancy, the Notice and Order shall contain a
provision notifying the owner about the possible denial of state
income tax benefits pursuant to definitions and procedures found in
california Health and Safety Code section 17980 (d) .h. A copy of the Notice and Order shall be provided all
tenants of a residential building pursuant to California Health and
Safety Code section 17980 (c) .i. The Notice and Order shall state that in choosing to
demolish or repair, the Building Official shall be governed by the
provisions of California Health and Safety Code section 17980.
j.
The Notice and Order shall state that
appeal the determination of the Building Official shall
an admission that the statements and findings in the
Order are true.
failure to
consti tute
Notice and
13-10.
Service.
service of Notice and Order; Method of Service; Proof of
a. Service of Notice and Order. The Notice and Order
shall be served by personal service or by posting conspicuously at
least one copy of the Notice and Order on the building or structurealleged to be unf it , and another copy shall be sent by certif ied
mail , postage prepaid , return receipt requested , to the person
owning the land on which the building or structure is located assuch person I name and address appear on the last equalized
assessment roll , or supplemental roll , or as known to the City
Clerk of the City of Alameda I and to any mortgagee or beneficiary
of a deed of trust. If such address is unknown to the BuildingOfficial, then that fact shall be so stated in the copy so mailed
and it shall be addressed to him or her at the county seat of the
county wherein said property is situated. Service of the Notice
and Order shall be deemed complete on the date the Notice is first
posted or personally served. Service by certified mail shall be
deemed complete when deposited in the United States Mail. The
failure of any owner or other person to receive such Notice and
Order shall not affect . in any manner the validity of any
proceedings taken hereunder.b. Proof of Service. The officer or employee
giving notice as aforesaid , shall file an affidavit thereof
the City Clerk certifying as to the date and manner in which
notice was given.
upon
with
such
Recordation of Notice and Order.1. At any time after the Notice and Order is
served in the manner provided in section 13-10.6, the Building
Official shall file with the County Recorder a copy of the Notice
REVISED 8/22/95
and Order describing the location of the property and the
condi tions that cause the building or structure to be unsafe or
substandard.2. Whenever the repairs or demolition as required
by the Notice and Order have been completed , the Building Official
shall file a notice with the County Recorder that certifies that
the building or structure is no longer unsafe or substandard.d. Extensions of Time. Upon receipt of a written
request for an extension from the owner or beneficiary or mortgagee
and a written agreement that the owner or benef iciary or mortgagee
will comply with the Notice and Order if allowed additional timethe Building Off icial may grant an extension of time. The
extension shall not exceed an additional one hundred and twenty
(120) calendar days to complete the repairs , rehabilitation or
demolition provided that such extension will not create
perpetuate a situation dangerous to life or property and that the
circumstances which justify the delay are beyond the direct control
of the owner or benef iciary or mortgagee.
Posting of Signs.
Whenever the required repair or demolition of a
dangerous building is not commenced within thirty (30) days after
any final Notice and Order is issued under this Article, or after
the Building Official has ordered the vacation of tenants of a
substandard building:1. The Building Official shall cause the building
described in such Notice and Order to be vacated by posting at each
entrance thereto a notice reading:
DANGEROUS BUILDING
DO NOT OCCUpy
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
Building Official
city of Alameda
2. No person shall occupy any building which has
been posted as specif ied in this subsection. No person shall
remove or deface any such notice so posted until the repairs
demolition or removal ordered by the Building Official have been
completed and a certificate of Occupancy has been issued pursuant
to the provisions of the Alameda Building Code.
REVISED 8/22/95
13-10.Appeal Procedure; Administra ti ve Hearing.a. Appeal. The owner or any mortgagee or beneficiary
may appeal the determination of the Building Official to the City
Manager by filing a written notice of appeal with the City Clerkwithin ten (10) days of the date of service of the Notice andOrder. The appeal shall identify the property and state the
grounds for appeal with all material facts in support thereof.b. Hearing of Appeal. In the event the owner or a
mortgagee or benef iciary appeals the Notice and Order, the city
Manager shall set a hearing before a Hearing Officer designated bythe City Manager, said hearing to be not more than thirty (30)
days from the filing of the appeal.c. Notice of Hearing. Notice of hearing shall beserved personally or by first class mail, postage prepaid
addressed to the person who filed the appeal , and shall specify the
time and place when and where the designated Hearing Officer will
hear and decide the appeal. Such notice shall be served not less
than ten (10) days prior to the time set for the hearing. Service
shall be deemed complete at the time notice is personally s rved or
deposited in the mail.d. Waiver of Hearing. Failure of the person filing the
appeal to appear at the hearing after notice has been served
pursuant to subdivision (c) of this section shall be deemed a
wai ver of the hearing and an admission by said owner of the truth
of the charges made in the Notice and Order.e. Determination by Hearing Officer. The Hearing
Off icer shall determine whether the building, structure or any
portion thereof is dangerous , unsafe , or a violation of the Alameda
Building Code section 203 and whether charges in the Notice and
Order are true and if so order its repair , rehabilitation
vacation, or demolition by the owner, City work crews or a private
contractor. The hear ing sha 11 be conducted pursuant to the Uni form
Housing Code Chapter 13, Procedures for Conduct of HearingAppeals. The decision of the Hearing Officer is final.f. Service of Decision of Hearing Officer. The Hearing
Officer shall serve a copy of his or her decision on the owner and
on any mortgagee or beneficiary under any deed of trust in the same
manner as set forth in section 13 -10.7 (c) .
1. The Hearing Officer shall
evidence that is relevant to the following issues:only consider
structure
nuisance;
( a) whether the
listed in the Notice
and
condi tionsand Order
of the building orconstitute a public
(b) whether the time frame and method of abatement
by repair , rehabilitation , vacation or demolition as listed in the
Notice and Order are reasonable under the circumstances and
(c) whether the City may abate the conditions
causing the public nuisance if the owner fails to do so.
13-10.Recovery of Costs.
Cost of Abatement.1. If City work crews or city contractors perform
the abatement , the Building Official shall keep an account of the
costs and expenses of abating such nuisance and shall render a
statement of such costs to the persons receiving the Notice andOrder. Such persons shall be individually liable to the City for
any and all costs and expenses to the City involved in abating the
nuisance.2. Costs and expenses as referred to in this
section shall include, but are not limited to , any and all directcosts related to personnel salaries and benefits operational
overhead rent, interest fees for experts , consultants contractors , legal costs or expenses including attorney 1 s fees
claims against the City arising as a consequence of the nuisance orviolation, and procedures associated with collecting moneys due
hereunder.
Report of Costs Transmitted to Council; Hearing.1. The Building Official shall present to the City
Council for consideration a report of costs for abating the
nuisance. The Council shall fix a time , date and place for hearing
the report , and any protests or obj ections thereto. The City Clerk
shall cause notice of hearing to be served on the owner and on any
mortgagee or beneficiary under any deed of trust in the same manner
as set forth in section 13-10.7 (c). Such notices shall be given atleast ten (10) days prior to the date set for hearing and shall
specify the day, hour and place when the City Council will hear and
pass upon the report of the Building Official containing the
proposed charge for abatement , and any objections or protests which
may have been filed by any person interested in or affectedthereby.
2 . The cost and expenses of abatement of anyaction taken hereunder shall be assessed against the subj ect
property upon which the building or structure is located as a lien
special assessment or made a personal obligation of the owner except , that in the event the courts shall decide the action taken
under this Article was improper, no recovery of costs shall be
allowed.
3. Any amounts received from sale of material
shall be a credit against any cost of abatement , and in the event
the amount received for the sale of material exceeds the expenses
of raz ing or removing the bui Iding or structure , then such excess
shall be deposited with the City Treasurer to the credit of the
owner or other person legally entitled thereto , and such excess
shall be payable to said owner or other person on demand and upon
producing evidence of ownership satisfactory to the Treasurer.c. Recovery of Costs and Expenses of Abatement Costs by
Special Assessment.1. If the City Council orders that the abatement
costs shall be charged against the property, the City Manager , or
his or her designee , shall prepare a Notice of Special Assessment.2. The City Manager , or his or her designee , shalldel i ver the Notice of Specia 1 Assessment to the County Auditor who
shall place it on the County Assessment Roll pursuant to California
Government Code section 38773.3. The Notice of Special Assessment shall include
a copy of the Council's confirmation of costs and shall summarize
the abatement action. The City Manager may record a copy of this
Special Assessment Notice to inform any subsequent purchasers or
owners about the abatement action and costs.4. The City Manager , or his or her designee , shallfile a withdrawal of this Notice with the County Recorder whenei ther: (1) the owner pays in full the abatement costs or (2) the
county Auditor or Tax Collector posts a lien on the property
pursuant to California Government Code section 38773.
Collection of Assessment; Penalties and Foreclosure.
Pursuant to the provisions of California Government
Code section 38773., the County Tax Collector may collect the
amount of the assessment at the same time and in the same manner asordinary municipal taxes and impose the same penal ties andprocedures, including the sale of the property, in the case
delinquency, as provided for ordinary municipal taxes. All laws
applicable to the levy, collection and enforcement of property
taxes shall be applicable to the special assessment.
Al ternati ve Procedures.
As an al ternati ve to the recovery of abatement costsas set forth in sections 13-10., the Council may follow the
procedures set forth in California Code of Regulations , Title 25section 70.
13-10.summary Abatement.a. Def ini tion. For purposes of this subsection
Imminently Hazardous Building" or "Imminently Hazardous structureis a building or structure or portion thereof, which is in a
condition of structural weakness or instability from whatever cause
that it is an immediate danger to life, health or safety of the
public or property and that such hazard is so imminent that therisks therefrom require summary or immediate action to avoid
serious harm to the public or property.b. Determination of Imminently Hazardous Building or
structure; Summary Abatement. If the Building Official shall
determine that a building or structure is an Imminently HazardousBuilding or an Imminently Hazardous structure and that the time
imposed for demol i tion or destruction under this Article is
unreasonably long considering the condition of the structure and
the danger to the public or property, the Building Off icial may
order the immediate destruction of said bui lding or structure
pursuant to the provisions of this subsection.
13-10.Notice.
The Building Official shall post , or cause to be posted
a copy of a notice prepared in accordance with section 13-10.5 on
the property and serve , or cause to be served , a copy of thenotice on the owner of the property and on any mortgagee or
benef iciary under any deed of trust , or if unable to effectpersonal service prior to the date of hearing I to make all
reasonable efforts under the circumstances to transmit a copy of
said notice to the owner and mortgagee or beneficiary under any
deed of trust by telephone , telecopier, or other reasonable means
of the time , place and date of the hearing which shall be held
prior to the destruction of the building.
13-10.Hearing.
The hearing shall be conducted before a Hearing Officer
appointed by the City Manager , and shall be conducted pursuant to
the Uniform Housing Code , Chapter 13, Procedures for Conduct ofHearing Appeals. The decision of the Hearing Officer shall befinal. The City Manager shall give not less than three (3) days
written notice of the hearing.
13-10.Preservation of Evidence
In the event the Building Official determines that the
condition of the Imminently Hazardous Building or Imminently
Hazardous structure is such that any delay in destruction or
removal will constitute an unreasonable risk to the public or
property, the Building Off icial shall record all evidenceincluding, but not limited to , the statements of any experts
photographs and video recordings of the condition of the building
or structure , engineering calculations , and the findings of the
Building Official which support the immediate demolition destruction of the building.
13-10.Summary Abatement without Hearing.
In the event that it is not reasonable to hold a hearing
under the circumstances the Building Official shall make a
reasonable attempt to notify the owner and mortgagees under a deedof trust of his or her intended action. The Building Off icial. shall record all evidence , including the statement of any expertsand photographs and video recordings of the condition of thebuilding or structure together with statement of his/her
findings which support the immediate demolition or destruction ofthe building or structure. The Building Official shall mail
certif ied mail , return receipt requested , postage prepaid, to the
owner and mortgagees and beneficiaries under any deed of trust awri tten statement containing the following: (a) the address of the
property (b) record of attempts to notify the owner or
benef iciar ies under the deed of trust of the summary abatement i(c) the findings of the Building Official which required the
immediate destruction of the building or structure; and (d) the
location and summary of the evidence which supports the finding to
summarily abate the Imminently Hazardous Building or ImminentlyHazardous structure.
Section Any provisions of the
appendices thereto, or any other
inconsistent herewith , to the extent of
further, are hereby repealed.
Alameda Municipal Code , or
ordinances of the City
such inconsistencies and no
section 4 If any section, subsection, sentence , clause , or
phrase of this ordinance is for any reason held to be invalid or
unconsti tutional by the decision of any court of competentjurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance. The City Council hereby
declares that it would have passed this ordinance and each section
subsection, sentence , clause , and phrase thereof , irrespective of
the fact that any one or more sections , subsections , sentencesclauses, or phrases be declared inval id or unconstitutional.
section 5 This ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
council
Attest:
I ?1i/i ty Clerk
, the undersigned , hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 9th day
of September , 1995, by the following vote to wit:
AYES:Coupci:lmernbers Arnerich , DeWitt , Lucas,
Mannix and President Appezzato - 5
NOES:None.
ABSENT:None
ABSTENTIONS:None.
IN WITNESS , WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of September , 1995.
td tb jftL/
Diane Felsch , city Clerkci ty of Alamed