Chapter 15.44 DANGEROUS BUILDINGS CODE

Chapter 15.44
DANGEROUS BUILDINGS CODE

Sections:

15.44.010 Purposes.

The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 762 § 2, 2014: Ord. 594 § 1, 1999).

15.44.020 Adoption.

The certain document entitled Dangerous Buildings Code, one copy of which is now on file in the office of the city clerk of the city of Patterson, is hereby adopted as the “Dangerous Buildings Code of the City of Patterson” 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 Patterson. (Ord. 762 § 1, 2014: Ord. 594 § 2, 1999)

15.44.030 Dangerous Buildings Code.

CHAPTER 1 - TITLE AND SCOPE

Section 101 - Title. These regulations shall be known as the Dangerous Buildings Code, may be cited as such, and will be referred to herein as “this code.”

Section 102 - Purpose and Scope

102.1 Purpose. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the 2013 California Building Code as amended and adopted by the City or otherwise available by 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, vacated or demolished.

The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

102.2 Scope. The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction.

Section 103 - Alterations, Additions and Repairs

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Chapter 34 of the 2013 California Building Code as amended and adopted by the City.

CHAPTER 2 - ENFORCEMENT

201. Administration. The Building Official is hereby authorized to enforce the provisions of this code.

The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.

202 Inspections. The Health Officer, the Fire Marshal and the Building Official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code.

203 Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the Building Official or the Building Official’s authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

“Authorized representative” shall include the officers named in Chapter 2 of this code and their authorized inspection personnel.

Section 204 - Abatement of Dangerous Buildings. All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 114 of the 2013 California Building Code as amended and adopted by the City.

Section 205 - Violations. 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 or cause or permit the same to be done in violation of this code.

Section 206 - Inspection of Work. All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this code and Section 110 of the 2013 California Building Code as amended and adopted by the City.

Section 207 - Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of this code, there is created a Board of Appeals as described in Section 113 of the 2013 California Building Code as amended and adopted by the City.

CHAPTER 3 - DEFINITIONS

Section 301 - Definitions

For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the 2013 California Building Code as amended and adopted by the City. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 2002, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

BUILDING CODE is the 2013 California Building Code as amended and adopted by the City.

DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.

SUBSTANDARD BUILDING is any building used, or designed or intended to be used for, human habitation that does not meet the minimum standards as described in the Housing Code as adopted by the City.

Section 302 - Dangerous Building

For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

302.1 Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

302.2 Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

302.3 Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the 2013 California Building Code as amended and adopted by the City for new buildings of similar structure, purpose or location.

302.4 Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the 2013 California Building Code as amended and adopted by the City for new buildings of similar structure, purpose or location.

302.5 Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

302.6 Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the 2013 California Building Code as amended and adopted by the City for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the 2013 California Building Code as amended and adopted by the City for such buildings.

302.7 Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

302.8 Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.

302.9 Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

302.10 Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

302.11 Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

302.12 Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts.

302.13 Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the 2013 California Building Code amended and adopted by the City or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

302.14 Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

302.15 Whenever a building or structure, used or intended to be used for multi-family dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

302.16 Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Marshal to be a fire hazard.

302.17 Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

302.18 Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

CHAPTER 4 - NOTICES AND ORDERS OF BUILDING OFFICIAL

401 Commencement of Proceedings. When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building as specified in the 2013 California Building Code, Chapter 1- Division II, Section 114 as amended and adopted by the City.

402 Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall be as specified in the 2013 California Building Code, Chapter 1- Division II, Section 114 as amended and adopted by the City.

CHAPTER 5 - APPEAL

Section 500--Right of Appeal. Any person having any record title or legal interest in the building may appeal from any notice of violation or notice and order or any action of the Building Official under this section by filing at the office of the Building Official within thirty (30) calendar days from the date of service of the notice of violation or notice and order, or the date of the action of the Building Official, a written appeal as specified in the 2013 California Building Code, Chapter 1- Division II, Section 113 as amended and adopted by the City.

(Ord. 762 § 3, 2014).

15.44.040 Validity.

The city council of the city of Patterson hereby declares that should any section, paragraph, sentence, or word of this chapter or of the codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the city council of the city of Patterson that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 762 § 4, 2014).