Chapter 13.10
ABATEMENT OF DANGEROUS BUILDINGS AND STRUCTURES
13.10.020 Determination of condition.
13.10.030 Abatement—Informal procedures authorized.
13.10.070 Determination of condition—Order of abatement.
13.10.090 Effect on existing law.
13.10.010 Definition.
For purposes of this chapter "dangerous building" means any building falling within the definition of "dangerous building" under the provisions of the California Building Code and 1997 Uniform Code for the Abatement of Dangerous Buildings, or within the definition of "substandard building" under the provisions of the Uniform Housing Code, which, in addition thereto, presents an immediate and imminent threat to public safety. Such threat may arise by virtue of numerous circumstances such as, but not limited to, substantial risk of collapse or danger of fire. (Ord. 1282 § 1 (part), 2003: Ord. 877 § 1, 1977).
13.10.020 Determination of condition.
There is delegated to the city building official the absolute discretion and sole responsibility for making the determination of whether a building is a dangerous building. (Ord. 1282 § 1 (part), 2003: Ord. 877 § 2, 1977).
13.10.030 Abatement—Informal procedures authorized.
This chapter contemplates situations arising where insufficient time exists, due to the imminent threat to public safety, for due process notices and hearings to be held prior to abatement action. Accordingly, whenever the city building official determines that a building is a dangerous building, as defined in Section 13.10.010, he shall contract for the abatement of the dangerous building by repair or demolition. In awarding such contract, the building official need not obtain formal bids but may award the contract on the basis of informal solicitations. (Ord. 1282 § 1 (part), 2003: Ord. 877 § 3, 1977).
13.10.040 Abatement—Costs.
The costs and expenses of abatement of a dangerous building as provided in Section 13.10.030 may be made a lien against the property on which the dangerous building was located, a special assessment against said parcel, and/or a personal obligation against the property owner after full hearing as provided for under the Nuisance Abatement Code, Chapter 9.50 et seq. of the Marysville Municipal Code as may be amended from time to time. (Ord. 1282 § 1 (part), 2003: Ord. 877 § 4, 1977).
13.10.050 Scope.
This section and Sections 13.10.060 through 13.10.090 shall apply and govern in those situations where insufficient time exists due to imminent threat of substantial danger to the public health, safety and welfare to invoke the procedures of notice and hearing provided for in the California Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, and other provisions of law as adopted by the Marysville Municipal Code. (Ord. 1282 § 1 (part), 2003: Ord. 878 § 1, 1978).
13.10.060 Definition.
The term "dangerous structure" as used in Sections 13.10.060 through 13.10.090 means any building which is considered "unsafe" under the criteria of the California Building Code, "dangerous" under the criteria of the Uniform Code for the Abatement of Dangerous Buildings, or "substandard" under the criteria of the Uniform Housing Code and which, in addition thereto, presents an imminent threat of substantial danger to public health, safety and welfare. The term "dangerous structure" also means any other structure, whether man-made or a condition of nature, which presents an imminent threat of substantial danger to public health, safety and welfare. Such threat may be presented by, but is not limited to, situations where a structure, or some part thereof, is likely to collapse onto a public street or sidewalk or where it presents an extreme fire hazard. Any structure falling within the definition of "dangerous structure" under Sections 13.10.060 through 13.10.090 is a public nuisance. (Ord. 1282 § 1 (part), 2003: Ord. 878 § 2, 1978).
13.10.070 Determination of condition—Order of abatement.
The city council of the city, with the advice of the building official and such other persons as it chooses to consult, in either regular or special session, shall make the determination whether a structure constitutes a "dangerous structure" as hereinabove defined. As an exception to this procedure, the building official is hereby authorized to make said determination in those circumstances where, in his sole discretion, he concludes that an emergency situation exists requiring immediate abatement and that delay to convene the city council would cause substantial risk to public health, safety and welfare. Summary abatement, without the necessity of prior notification to anyone other than occupants of the structure, may be immediately ordered by the city council or the building official, whichever has made the determination that a dangerous structure exists. In the event the building official has made the determination and ordered summary abatement, he shall immediately thereafter request a special session of the city council to apprise the council of the situation. If summary abatement is to be accomplished by contract, the building official need not obtain formal bids but may award the contract on the basis of informal solicitations. (Ord. 1282 § 1 (part), 2003: Ord. 878 § 3, 1978).
13.10.080 Abatement expense.
The expenses of abatement of any nuisance under Sections 13.10.050 through 13.10.090 may be made a lien and a special assessment against said property by the city council under the procedures established in the Nuisance Abatement Code. The city council may, as an alterative, order such expenses to be a personal liability of the property owner under the procedures of said code. (Ord. 1282 § 1 (part), 2003: Ord. 878 § 4, 1978).
13.10.090 Effect on existing law.
Sections 13.10.050 through this section shall not restrict, limit or otherwise inhibit any power or authority for ordering summary abatement of dangerous and hazardous conditions invested in the Marysville fire chief under the California Fire Code or other provisions of law. (Ord. 1282 § 1 (part), 2003: Ord. 878 § 5, 1978).