Chapter 4.10
ABATEMENT OF DANGEROUS BUILDINGS
Sections:
4.10.040 Interpretation and appeals.
4.10.050 Violations and penalties.
4.10.010 Purpose.
The purpose of this chapter is to provide a just, equitable, and practicable method whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 1, 3-23-1999; Ord. 92-12, 7-28-1992)
4.10.020 Adoption.
That certain document in book form entitled “Uniform Code for the Abatement of Dangerous Buildings – 1997 Edition,” as approved and copyrighted by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, one copy of which document is now on file in the Building Department of the City of Newman, is hereby adopted by reference and enacted by the City Council of the City of Newman as the “Dangerous Buildings Code of the City of Newman” in its present form, except as certain portions thereof are hereinafter specifically amended, deleted or added to, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Newman. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 2, 3-23-1999)
4.10.030 Definitions.
A. The name “Newman” and/or “California” shall be inserted in the appropriate places provided therefor in each and every section of this Code wherein the City or the State is left blank.
B. The term “Building Official” shall include the term “Building Inspector.”
C. “Fire Marshal” shall mean “Fire Chief.” (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 3, 3-23-1999; Ord. 92-12, 7-28-1992)
4.10.040 Interpretation and appeals.
Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:
Section 205.
In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, the City Council is hereby designated as a Board of Appeals. Any person dissatisfied with any decision of the Building Official may appeal in writing to the City Council of the City of Newman, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and the place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the Building Official, with a duplicate copy to the appellant. The decision of the City Council on such appeal shall be final.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 4, 3-23-1999)
4.10.050 Violations and penalties.
Section 203 of the Uniform Code for the Abatement of Dangerous Buildings as set forth in said Code is omitted, but in lieu thereof a new section is added to read as follows:
Section 203.
It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain, any building, structure or premises or cause or permit the same to be done in the City of Newman contrary to or in violation of any of the provisions of this Code.
Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than 180 days, or by both such fine and imprisonment. Any violation of this chapter may be alternatively charged as an administrative citation.
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 5, 3-23-1999)
4.10.060 Validity.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Newman hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010; Ord. 2007-10 § 1, 11-27-2007; Ord. 99-9 § 6, 3-23-1999; Ord. 92-12, 7-28-1992)