HomeMy WebLinkAboutOrdinance #1883 ORDINANCE NO. 1883
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING ARTICLE 819 AND ADDING NEW
ARTICLE 819 ENTITLED, "ABATEMENT OF DANGER-
OUS BUILDINGS"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Article 819 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 819 entitled, "Abatement
of Dangerous Buildings ," to read as follows :
ARTICLE 819
ABATEMENT OF DANGEROUS BUILDINGS
8191. ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1973 EDITION. There is hereby adopted
by the City Council of the City of Huntington Beach that cer-
tain code known as the Uniform Code for the Abatement of
Dangerous Buildings , 1973 Edition, and the whole thereof, save
and except such portions as are hereinafter deleted, modified,
or amended, for the purpose of providing a just, equitable and
practicable method to be cumulative and in addition to any
other remedy provided by the Uniform Building Code, Volume I,
1970 Edition, or Uniform Building Code, Volume III, Housing,
1970 Edition, 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, va-
cated or demolished; providing penalties for the violation
of such code, and repealing all ordinances and parts of ordi-
nances in conflict therewith, of which code not less than
three ( 3) copies have been and now are on file in the office
of the City Clerk of the City of Huntington Beach, and the
same is hereby adopted and incorporated as fully as though
set out at length herein, as provided by Section '0022. 2 et
seq. of the Government Code of the State of California, and
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from the date of this article shall take effect and the pro-
visions thereof shall be controlling within the corporate
limits of the City of Huntington Beach.
8191. 1. Section 201(a) of the Uniform Code for the Abate-
ment of Dangerous Buildings , 1973 Edition, is amended to read
as follows :
201(a) ADMINISTRATION. The Building Official is hereby
authorized to enforce the provisions of this Code. All of the
powers and duties vested in the Building Official relating to
the abatement of dangerous buildings pursuant to this Code may
be exercised and performed by the Fire Marshal.
8191. 2 . Section 402 of the Uniform Code for the Abate-
ment of Dangerous Buildings , 1973 Edition, is amended to read
as follows :
402. At the time the notice and order is served, the
Building Official may file in the office of the County Recorder
a certificate legally describing the property and certifying
that the building is a dangerous building and the owner has
been so notified. Whenever the corrections ordered shall have
been completed, or the notice and order reversed, modified or
set aside by the Appeals Board upon appeal, so that the build-
ing no longer exists as a dangerous building on the property
described in the certificate, the Building Official shall forth-
with file a new certificate with the County Recorder that the
building has been demolished or removed or is no longer dangerous .
8191. 3. Section 502 of the Uniform Code for the Abate
ment of Dangerous Buildings , 1973 Edition, is amended to read
as follows :
502 . Failure of any person to file an appeal in accordance
with the provisions of Section 501 shall constitute a waiver of
his right to an administrative hearing and adjudication of the
notice and order, or any portion thereof. However, such waiver
shall not affect such person' s right to test the administrative
order in any court proceeding.
8191. 4. Subsection (f ) of Section 604 of the Uniform
Code for the Abatement of Dangerous Buildings, 1973 Edition,
is hereby amended to read as follows :
604 (f) RIGHTS OF PARTIES. Each party shall have these
rights , among others :
1. To call and examine witnesses on any matter relevant
to the issues of the hearing;
2 . To introduce documentary and physical evidence;
3 . To cross-examine opposing witnesses on any matter
relevant to the issues of the hearing;
2 .
4. To impeach any witness regardless of which party first
called him to testify;
5. To rebut the evidence against him;
6 . To represent himself or to be represented by anyone
of his choice who is lawfully permitted to do so.
7 . The hearing must proceed in the following order un-
less the Appeals Board, for special reasons, otherwise directs :
(1) Chairman of the Appeals Board states the violation;
(2) Building Official makes his opening statement as
to what evidence he will produce;
( 3) Appellant makes his opening statement as to what
evidence he will produce , if any;
(4) Building Official presents his evidence and
appellant may exercise his right to cross-examine witnesses;
(5) Appellant presents his evidence, if any, and
Building Official may exercise his right to cross-examine
witnesses;
( 6) Building Official may present rebuttal testimony,
if any;
( 7) Building Official may present closing argument or
summation;
( 8) Appellant may present closing argument or sum-
mation;
(9) Building Official may present rebuttal argument .
8191. 5. Section 605 of the Uniform Code for the Abate-
ment of Dangerous Buildings , 1973 Edition, is hereby amended
to read as follows :
605(a) At the conclusion of the hearing, or within ten
(10) days thereafter, the Appeals Board shall render a decision
in writing, containing findings of fact, a determination of the
issues presented, and the requirements to be complied with.
(b) The decision may affirm, reverse, modify on set aside
any order or action of the Building Official . A majority of
the members of the Appeals Board must concur in any such decision.
The decision of the Appeals Board shall be final.
(c) Copies of the decision thereof shall be delivered to
each appellant and the Building Official in the manner pre-
scribed in Section 401(c) , "Service of Notice and Order," and
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Section 401(d) , "Method of Service." Proof of service shall
be filed with the Appeals Board' s record of the case.
(d) Except for an emergency vacation order, made pur-
suant to Section 403, enforcement of any notice and order
of the Building Official, issued under this article, shall
be stayed during the pendency of an appeal therefrom, properly
and timely filed.
8191. 6. Subsections (b) and (c) 3 of Section 701 of the
Uniform Code for the Abatement of Dangerous Buildings, are hereby
amended to read as follows :
701(b) FAILURE TO OBEY ORDER. If, after any order of the
Building Official or Board of Appeals made pursuant to this Code
has become final, the person to whom such order is directed shall
fail, neglect or refuse to obey such order, the Building Official
may (i) cause such person to be prosecuted under Subsection (a)
of this Section or (ii) institute any appropriate court action
to abate such building as a public nuisance.
701 (c) 3. The Building Official shall, pursuant to an order
of any court of competent jurisdiction, cause the building to be
repaired to the extent necessary to correct the conditions which
render the building dangerous as set forth in the notice and
order; or, if the notice and order require demolition, pursuant
to any such court order, cause the building to be sold and
demolished or demolished and the materials, rubble and debris
therefrom removed and the lot cleaned. Any such repair and
demolition shall be accomplished and the cost thereof paid and
recovered in the manner hereinafter provided in this Code or
as otherwise provided by court order. Any surplus realized
from the sale of any such building, or from the demolition
thereof, over and above the cost of demolition and cleaning
the lot, shall be paid over to the person or persons lawfully
entitled thereto .
8191. 7. PENALTY. It shall be unlawful for any person,
firm or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use, occupy
or maintain any building or structure in the city, or cause the
same to be done, contrary to or in violation of any of the pro-
visions of this code.
Any person, firm or corporation violating any of the pro-
visions of this code, shall be deemed guilty of a misdemeanor,
and each such person shall be deemed guilty of a separate of-
fense for each and every day or portion thereof during which
any violation of any of the provisions of this code is com-
mitted, continued, or permitted, and upon conviction of any
such violation such person shall be punishable by a fine of
not more than Five Hundred Dollars ($500) , or by imprisonment
for not more than six (6) months, or by both such fine and im-
prisonment .
4.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance, or any future amendments
or additions hereto, is for any reason held to be invalid or un-
constitutional by the decision of any court of competent jur-
isdiction, such decision shall not affect the validity of the
remaining portions of this ordinance, or any future amendments
or additions hereto. The City Council of the City of Huntington
Beach hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or
portion or any future amendments or additions thereto, irre-
spective of the fact that any one or more sections, subsections,
clauses, phrases, portions or any future amendments or additions
thereto be declared invalid or unconstitutional.
SECTION 4. The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington Beach Ordinance Code relating to the same subject
matter shall be construed as restatements and continuations
and not as new enactments .
SECTION 5. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News , a
weekly newspaper of general circulation, printed and published
in Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
7th day of January, 1974 .
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APPROVED AS TO FORM:
City Clerk City AttornbV
5.
Ord. No. 1883
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
adjourned meeting thereof held on the loth day of Dep. ber
19 73 , and was again read to said City Council at a regular
meeting thereof held on the 7th day of January , 19 74 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett Green, Coen, Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley, Gibbs
at lerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntin ton Eeach and ex-officio Clerk of the City
Council, do hereby certify that this ordinance has
been published in the Huntington Eeach News on
In acc:_) ante with the ORY Charter of said City.
ALICIA..M. WEN.TWORTH
. ..............................................
Cty Clerk
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