Chapter 15.10
DANGEROUS BUILDINGS1
Sections:
15.10.010 Incorporating State Housing Law and Health and Safety Code.
15.10.020 Precedence, inconsistent and conflicting provisions.
15.10.030 City policy on abatement of dangerous, public nuisance buildings, structures and property.
15.10.050 Abatement of nuisances.
15.10.060 Abatement of dangerous buildings, structures and property.
15.10.070 Determination by Building Official.
15.10.090 Posting of imminently dangerous building.
15.10.110 Appeals to City Council.
15.10.120 Enforcement of order to abate.
15.10.130 Performance of work of repair or demolition.
15.10.140 Repair and demolition fund.
15.10.010 Incorporating State Housing Law and Health and Safety Code.
(1) This chapter was initiated pursuant to the provisions of State of California State Housing Law, Division 13, Part 1.5 of the State of California Health and Safety Code, Division 13, Housing, and the Health and Safety Code itself, all as amended from time to time by the Legislature of the State of California.
(2) This chapter incorporates by reference the State Housing Law and the Health and Safety Code, including administrative and enforcement mechanisms of Health and Safety Code Chapters 5 and 6 of Division 13, Part 1.5, as amended from time to time by the Legislature.
(3) These State of California Law and Codes preempt other provisions of this chapter in the event of differing or conflicting provisions. This chapter makes no local changes to the State Housing Law or State Housing Code due to local climatic, geographical or topographical conditions under Health and Safety Code Section 17958.5. Accordingly, no local legislative findings or filings are required under Health and Safety Code Section 17958.7. [Ord. 224 § 8.25.001, 1994.]
15.10.020 Precedence, inconsistent and conflicting provisions.
(1) State of California Housing Law and Health and Safety Codes preempt other portions of this chapter in the event of differing or conflicting provisions.
(2) Where provisions of referenced Ordinance Nos. 202, 213 and 223 are inconsistent or in conflict with each other or with provisions of this chapter, the strongest and most restrictive provisions shall apply. [Ord. 224 § 8.25.006, 1994.]
15.10.030 City policy on abatement of dangerous, public nuisance buildings, structures and property.
It is unlawful for an owner to fail to repair or demolish and remove dangerous, public nuisance, abandoned and earthquake-damaged buildings and other structures and property. [Ord. 224 § 8.25.008, 1994.]
15.10.040 Definitions.
As used in this chapter:
“Nuisance” or “public nuisance” includes any public nuisance known at common law or in equity jurisprudence; any attractive nuisance which endangers health and safety and may prove detrimental to infants and other minors, whether in a building, on the premises of a building, or upon an unoccupied lot including any abandoned wells, shafts, basements and excavations; abandoned refrigerators; abandoned, dismantled or inoperable motor vehicles or parts thereof or machinery; any unsound fences or structures; any lumber, trash, fences, debris, or vegetation which may prove a hazard for inquisitive minors; whatever is dangerous to human life or is detrimental to health; any condition, matter, or thing declared by any law of the City of Rio Dell or the State of California to be a nuisance; abandoned buildings or structures in such neglected condition that the owner’s intention to relinquish all further rights or interests in them may be reasonably concluded; abandoned structures or property that create a condition tending to reduce the value of private property; promote blight and deterioration; invite plundering; create fire hazards; harbor rodents and insects; jeopardize health, safety and general welfare; annoy, injure or endanger the safety, health, or offend the public decency; unlawfully interfere with, obstruct or render dangerous for passage any public park, square, street, alley or highway.
“Private property” means such property as belongs absolutely to an individual, and of which he or she has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in the possession of an individual and transmitted to another, such as houses, lands, vehicles, etc.
“Public property” is a designation of those things which are considered as being owned by the public, the entire state or community, and not restricted to dominion of a private person. The term may also apply to any property owned by a state, nation or municipality. [Ord. 224 § 8.25.009, 1994.]
15.10.050 Abatement of nuisances.
Public nuisances (nuisances) as defined herein shall be abated by repair, rehabilitation, demolition and removal, or removal in accordance with the procedures provided herein. [Ord. 224 § 8.25.010, 1994.]
15.10.060 Abatement of dangerous buildings, structures and property.
All buildings or portions thereof which are determined by the Building Official to be dangerous and are hereby declared to be public nuisances (nuisances) as defined in RDMC 15.10.040 shall be abated by repair, rehabilitation, demolition and removal or removal in accordance with the procedures provided herein. [Ord. 224 § 8.25.011, 1994.]
15.10.070 Determination by Building Official.
Whenever the Building Official has inspected, or caused to be inspected, any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair or rehabilitation of the building, or, if he/she finds that repair or rehabilitation is impracticable, to cause the vacation and demolition and removal of the building. [Ord. 224 § 8.25.020, 1994.]
15.10.080 Notice and order.
The Building Official shall issue a notice and order directly to the owner(s) of record of the building or premises and to the person(s), if any, occupying or otherwise in real or apparent charge and control of the building.
(1) The notice and order shall contain these elements:
(a) The street address and a legal description sufficient for identification of the premises on which the building or nuisance is located; and
(b) A statement that the Building Official has found the building or other condition to be dangerous and a public nuisance, with a brief description of the conditions which render the building or other condition dangerous and a public nuisance under the provisions of this chapter, including, whenever an order to vacate and demolish is given, a finding that the repair or rehabilitation is impracticable, with a brief statement of the facts upon which such finding is based; and
(c) An order to secure permits and physically commence, within 60 days from the date of service of the notice and order, and to complete within 120 days from such date, the elimination of the described conditions, or, if repair or rehabilitation has been found to be impracticable, to vacate the building and commence demolition within 60 days and complete demolition within 120 days from such date of service; and
(d) A statement advising that, if the required abatement of nuisance or repair or demolition work is not commenced within the time specified, the Building Official shall order the building vacated and posted and gas and electric utilities terminated to the building or premises to prevent further occupancy until the work is completed, and that he/she may proceed to cause the work to be done and assess the costs thereof against the property; and
(e) A statement advising that any person having any record title or interest in the building or premises may appeal from the notice and order or any action of the Building Official to the Board of Abatement Appeals; provided, that the appeal is made in writing, as provided herein, and filed within 30 days from the date of service of such notice and order.
(2) Person to Be Served Notice and Order. The notice and order, and any amended notice and order, shall be served upon each person to whom it is directed, and one copy thereof shall be served on each of the following: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or interest of record in or to the building or land on which it is located. The failure of the Building Official to make or attempt service on any person required by this requirement to be served shall not invalidate any abatement proceedings, as to any other person duly served, from any duty or obligation imposed on him/her by these provisions.
(3) Manner of Service of Notice and Order. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his/her address as it appears on the last equalized assessment roll of the City of Rio Dell or as known to the Building Official.
(4) If no address of such person so appears or is known to the Building Official, a copy of the notice and order shall be mailed to such person at the address of the building or structure involved in the proceedings. The failure of such person to receive such notice shall not affect the validity of any proceeding taken under these provisions. Service by certified mail in the manner provided shall be effective on the date of mailing.
(5) Proof of service of notice and order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made. The declaration, together with any receipt card returned in acknowledgement of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the Building Official.
(6) Filing of Certificate. At the time the notice and order are served, the Building Official shall file in the office of the County Recorder a certificate legally describing the property and certifying that the building or condition is a dangerous building or condition and that the owner has been so notified. Whenever the corrections ordered shall have been completed, or the notice and order reversed or modified, and the building no longer exists as a dangerous building on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder that the building has been demolished or removed or is no longer dangerous. [Ord. 224 § 8.25.021, 1994.]
15.10.090 Posting of imminently dangerous building.
(1) If the Building Official finds from the inspection he/she has made, or caused to be made, of any building that there exists therein or on the premises thereof any conditions imminently dangerous to life should such building be or remain occupied by human beings, he/she may order the immediate evacuation of such building, if occupied, and shall cause to be posted at each entrance thereto a notice reading substantially as follows:
DANGER
DO NOT ENTER
Unsafe to Occupy
Building Official of the City of Rio Dell
Any unauthorized person removing this sign or entering this building shall be prosecuted.
(2) Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued by him/her under this chapter, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been posted at each entrance door thereof the prescribed notice, except that entry may be made to repair, demolish, or remove such building. No person shall remove or deface any such notice so posted until the required repairs, demolition, or removal has been completed and a certificate of occupancy issued pursuant to the provisions of the building code of the City of Rio Dell. [Ord. 224 § 8.25.022, 1994.]
15.10.100 Appeals to Board.
(1) The Board of Abatement Appeals of the City of Rio Dell shall consist of the following categories of membership from candidates submitted by the City Manager to the City Council, selected by the City Council after a public hearing and appointed by the Mayor:
(a) The Chief of Police of the City of Rio Dell;
(b) A member nominated by the Board of Commissioners of the Rio Dell Fire District who has no disqualifying property interest in Rio Dell;
(c) A member nominated by the Rio Dell Planning Commission who has no disqualifying property interests in Rio Dell;
(d) A public member who has no disqualifying property interests in Rio Dell;
(e) A member selected by the City Council from eligible construction specialists or contractors willing to serve who have no disqualifying property interests in Rio Dell.
(2) The Board of Abatement Appeals shall select a Chairman and Secretary from among its membership and notify the City Council of the selections.
(3) Format of Appeal to Board of Abatement Appeals. Any person entitled to service under these provisions may appeal from any notice and order or any action of the Building Official by filing an appeal at the office of the Building Official within 30 days from the date of service of such order. The written and dated appeal, in duplicate, must contain the following information:
(a) Heading reading: “Before the Board of Abatement Appeals of the City of Rio Dell”; and
(b) Caption reading: “Appeal of (names of appellants making the appeal)”; and
(c) Brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order; and
(d) Brief statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant(s); and
(e) Statement of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified, or set aside; and
(f) Signatures of all parties named as appellant(s) and their official mailing addresses; and
(g) Written and notarized verification of at least one appellant as to the truth of the matters stated in the appeal.
(4) Filing of Appeal to Board of Abatement Appeals. Upon receipt at his/her office of any appeal filed pursuant to these procedures, the Building Official shall have one copy stamped to show the date of receipt and shall immediately forward that copy, together with a copy of the notice and order appealed from, to the Secretary of the Board of Abatement Appeals, who shall file the appeal as part of the records of the Board of Abatement Appeals and present it at the next regular or special meeting of the Board of Abatement Appeals.
(5) Notice of Hearing. As soon as practicable after receiving the written appeal, the Board of Abatement Appeals shall set a date for hearing the appeal, which date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be sent to each appellant by the Board Secretary, either by causing a copy of such notice to be delivered to the appellant personally, or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at his/her address(es) shown on the appeal. Copies of the notice shall also be delivered to the Building Official and to the City Attorney.
(6) Hearing Continuances. Continuances of the hearing may be granted by the Board of Abatement Appeals on the motion of either party for good cause shown or on the Board of Abatement Appeals’ own motion. A request for continuance by signed stipulation of all appellants and the Building Official or their attorneys may be granted by the Chairman of the Board of Abatement Appeals.
(7) Board of Abatement Appeals Hearings. The hearings may be informally conducted at the discretion of the Board. Technical rules of evidence shall not be applied except that irrelevant and unduly repetitious evidence shall be excluded. During the course of the hearing, the Board of Abatement Appeals may visit and inspect any building or premises involved in the proceeding and may there receive oral testimony or any sworn or unsworn witnesses.
(8) Hearing Decision. At the conclusion of the hearing the Board of Abatement Appeals shall consider the evidence presented and shall make written findings of fact, based upon the evidence, to support its decision. The decision may affirm, reverse, modify, or set aside any action of the Building Official. A majority of the members of the Board of Abatement Appeals must concur in any such decision. The decision of the Board of Abatement Appeals shall be final if no appeal therefrom to the City Council is made as provided herein.
(9) Notice of Decision. Written findings and the decision shall be rendered by the Board of Abatement Appeals within 30 days from the date the hearing is concluded, and copies thereof shall be delivered to each appellant and the Building Official in the manner prescribed in these procedures for serving notices and orders of the Building Official. Proof of service shall be filed with the Board of Abatement Appeals’ records of the case.
(10) Stays of Enforcement. Except for emergency evacuation orders made pursuant to these procedures, enforcement of any notice and order of the Building Official issued pursuant to the provisions herein shall be stayed during the pendency of an appeal therefrom properly and timely filed. [Ord. 224 § 8.25.030, 1994.]
15.10.110 Appeals to City Council.
(1) Notice of Appeal. Any persons excepting to the decision made by the Board of Abatement Appeals, including the Building Official, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth the specific grounds for the appeal.
(2) Filing Notice of Appeal. Such notice of appeal shall be filed with the City Clerk within 14 days after service of the findings and decision of the Board of Abatement Appeals but in no event later than 30 days after the date of such action by the Board of Abatement Appeals.
(3) Hearing. The City Clerk shall forthwith set the matter for hearing before the City Council at a subsequent meeting and shall cause notice thereof to be given to the appellant(s) not less than five days prior to such hearing unless such notice is waived in writing by the appellant(s). At such a hearing the appellant(s) shall show cause on the grounds specified in the notice of appeal why the action of the Board of Abatement Appeals should not be approved. The City Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive on the matter. The City Council may affirm, reverse, modify, or set aside any order or action of the Board of Abatement Appeals. The findings of the City Council shall be delivered to the appellant(s) and the Building Official in the manner prescribed for serving notices by the Building Official. [Ord. 224 § 8.25.040, 1994.]
15.10.120 Enforcement of order to abate.
(1) Compliance with Order Mandatory. After any order of the Building Official pursuant to this procedure shall have become final, either by decision of the Board of Abatement Appeals or by the City Council affirming the same in part or in whole or by appellant(s)’ or the Building Official’s failure to file an appeal within the prescribed time, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order of the Building Official.
(2) Failure to Comply. If, after any order of the Building Official made pursuant to these procedures becomes final, either by decision of the Board of Abatement Appeals or decision of the City Council affirming the same in whole or in part or by failure to file an appeal within the prescribed time, the owner, lessee, occupant, or other person in charge and control of the building or premises which is the subject of such order shall continue to occupy or maintain such building or premises without making the corrections thereto as required by such order, the Building Official may, in the alternative, either prosecute such owner, lessee, occupant, or other person pursuant to the provisions of this chapter or institute court action to abate such building as a public nuisance.
(3) Duties and Powers of Building Official to Enforce Abatement. Whenever work is not commenced within the time specified in the notice and order, and no appeal has been filed, and whatever work is not commenced pursuant to any notice and order, as affirmed or modified by the Board of Abatement Appeals or the City Council, within 10 days from the date of service of the decision of the Board of Abatement Appeals or City Council after hearing on appeal, 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 substantially as follows:
DANGER
DO NOT ENTER
Unsafe to Occupy
Building Official of the City of Rio Dell
Any unauthorized person removing this sign or entering this building shall be prosecuted.
(4) No person shall occupy any building which has been posted at each entrance door thereto with a notice as prescribed in this chapter. No person shall remove or deface any such notice so posted until the repairs, demolition, or removal ordered by the Building Official has been completed and a certificate of occupancy has been issued pursuant to the building code of the City of Rio Dell.
(5) The Building Official shall have the power, in addition to any other remedy provided by this chapter, to cause the nuisance to be abated or the building to be repaired to the extent reasonably necessary to correct the conditions which render the building or premises dangerous or a nuisance as set forth in the notice and order or, if the notice and order shall have directed demolition, to 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 or demolition work shall be accomplished and the cost therefor shall be paid and recovered in the manner provided in this chapter. Any surplus realized from the sale of such building, or from the demolition thereof, over and above the cost of demolition and of cleaning of the lot shall be paid to the person lawfully entitled thereto. [Ord. 224 § 8.25.050, 1994.]
15.10.130 Performance of work of repair or demolition.
(1) Duties of the Building Official. When any work of repair or demolition is to be done pursuant to the provisions of this chapter, it shall be accomplished under the direction of the Building Official. Where special expertise is necessary to accomplish the work, the Building Official may request that the City Manager delegate performance of work of repair or demolition to the Public Works Department on a reimbursable basis. The City Manager might also request assistance on a reimbursable basis from the Rio Dell Fire District to do special types of repair or demolition, particularly if useful as a training exercise. Plans and specifications for repair or demolition may be prepared by the Building Official, or he/she may through the City Manager employ necessary engineering or architectural services to prepare the plans and specifications for repair or demolition.
(2) Costs of the Work. The cost of such work of repair or demolition shall be paid from the repair and demolition fund. [Ord. 224 § 8.25.055, 1994.]
15.10.140 Repair and demolition fund.
(1) Establishment. A special revolving fund designated as the repair and demolition fund is hereby established. Payments shall be made from this fund upon the demand of the Building Official to defray costs and expenses which are incurred by the City of Rio Dell in causing necessary work of repair or demolition of dangerous and nuisance buildings.
(2) Deposits and Payments. The City Council may at any time transfer general fund moneys to the repair and demolition fund in amounts deemed necessary to expedite performance of repair or demolition. Any funds so transferred shall be deemed to be a loan to be promptly repaid. The repair and demolition fund shall receive the proceeds of assessments provided for in this chapter. All funds collected under the proceedings provided for by this chapter, whether voluntary payments or as a result of the sale of property after delinquency, shall be paid directly into the repair and demolition fund upon receipt.
(3) Account of Expense Procedures. The Building Official shall maintain an itemized account of repair and demolition fund receipts, expenditures and net expense incurred by the City of Rio Dell in the repair or demolition of any building. Upon completion of the work of repair of any structure or other single item, the Building Official shall prepare and file with the City Clerk a report specifying the work done, the itemized cost of the work, a description including parcel number of the real property upon which the work item was located, the names and addresses of persons entitled to notice pursuant to provisions of this chapter, and the amount of the assessment proposed to be levied against the lot or parcel to pay the cost of the work. Any such report may include repair or demolition work on any number of buildings on any number of parcels of property, whether or not contiguous to each other. [Ord. 224 § 8.25.058, 1994.]
15.10.150 Assessment hearing.
(1) Upon receipt of the Building Official report, the City Clerk shall present it to the City Council for consideration. The City Council shall cause notice of the amount of the proposed assessment as shown in the report to be given in the manner and to the persons specified herein. Such notice shall contain a description of the property sufficient to enable the persons served to identify it and shall specify the day, hour and place when the City Council will hear and consider acceptance of the report together with any objections and protests from property owners liable to be assessed for the cost of such repair or demolition. Comments shall also be heard from any other interested persons. Such notice of the hearing shall be given not less than 15 days prior to the date of the hearing in a daily published newspaper circulated in the City of Rio Dell.
(2) Filing of Protests. Any interested person may file a written protest with the City Clerk at any time prior to the time set for the hearing on the report of the Building Official. Each such protest shall contain a description of the property in which the person signing the protest is interested and the grounds of such protest. The City Clerk shall endorse on every such protest the date and time of filing in his/her office and shall present such protest(s) to the City Council at least three days prior to the time set for the hearing.
(3) Assessment Hearing. Upon the day and hour fixed for the hearing, the City Council shall consider the report of the Building Official, together with any protests which have been filed with the City Clerk. The City Council may make such revisions, corrections, or modifications in that report as it may deem just and appropriate. When the City Council is satisfied with the correctness and fairness of the proposed assessment, as submitted or as revised, corrected or modified, the assessment details shall be confirmed by the City Council. The decision of the City Council on the report and the assessment and on all protests shall be final and conclusive. The Council may adjourn the hearing if necessary to another time from time to time under adjournment limitations of the Rio Dell Municipal Code and the California Government Code.
(4) Limitation of Time for Contest of City Council Decision. The validity of any assessment levied pursuant to these provisions shall not be contested in any action or proceeding unless such action or proceeding is commenced within 30 days after the assessment is confirmed by the City Council. [Ord. 224 § 8.25.062, 1994.]
15.10.160 Lien.
(1) Form of Lien. Immediately upon the confirmation of the assessment by the City Council, the Building Official shall file in the office of the County Recorder a certificate in substantially this format:
NOTICE OF LIEN
Pursuant to the authority vested in the undersigned by the provisions of Chapter 15.10 RDMC, the undersigned did, on or about the ____ day of ________, 20___, cause the building or structure on the property herein described to be repaired or demolished (as the case may be) in order to abate a nuisance on said real property, and the City Council of the City of Rio Dell did, on the ____ day of ________, 20___, assess the cost of such repair or demolition (as the case may be) in the amount of said assessment, to wit: the sum of $_______, and the same shall be a lien upon said property until the sum has been paid in full and discharged of record.
The real property herein identified, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Rio Dell, County of Humboldt, State of California, and particularly described as follows:
_________________________________
(description including parcel number)
_________________________________
_________________________________
Dated: This ___ day of ________, 20___
_________________________
Building Official
City of Rio Dell
Acknowledgement: ________ date: _____
(2) Constitution of Lien. Immediately upon recording of the notice of lien, the assessment shall constitute a lien on the real property assessed. Such lien shall, for all purposes, be upon a parity with the liens of the State of California, County of Humboldt and City of Rio Dell taxes.
(3) Collection of Lien. The notice of lien, after recording, shall be delivered to the County of Humboldt Director of Administrative Services, who shall enter the amount thereof on the City of Rio Dell assessment book opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the Director of Administrative Services before the date fixed by law for the delivery of the assessment book to the Board of Equalization. Thereafter the amount set forth in the notice of lien shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary City of Rio Dell taxes.
All laws applicable to the levy, collection, and reinforcement of City of Rio Dell taxes are hereby made applicable to such assessment. [Ord. 224 § 8.25.065, 1994.]
15.10.170 Enforcement.
(1) Interference with Repair or Demolition Work. No person shall obstruct, impede, or interfere with any officer, employee, contractor, or authorized representative of the City of Rio Dell, or with any person who owns or holds any estate or interest in any building which has been ordered by the Building Official to be repaired, vacated and repaired, demolished, or removed, or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter whenever such officer, employee, contractor, or authorized representative of the City of Rio Dell, persons having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to the provisions of this chapter.
(2) Violation of Provisions. No person, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or lot, or cause or permit the same to be done, counter to or in violation of any provisions of this chapter. [Ord. 224 § 8.25.070, 1994.]
15.10.180 Placards.
(1) Intent. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or manmade disaster. This chapter further authorizes the Building Inspector as well as authorized representatives of the Building Department to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.
(2) Application of Provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Rio Dell following each natural or manmade disaster. The City Council may extend the provisions as necessary.
(3) Definitions.
(a) “Building Inspector” shall mean the Building Inspector of the City of Rio Dell.
(b) “Department” or “Building Department” shall mean the Building Department of the City of Rio Dell.
(c) “Safety assessment” is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or manmade disaster.
(4) Placards.
(a) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures:
(i) “INSPECTED – Lawful Occupancy Permitted” to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
(ii) “RESTRICTED USE” is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note, in general terms, the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.
(iii) “UNSAFE – Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department who posted the building. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note, in general terms, the type of damage encountered.
(b) This code section number, the name of the Department, the address of the Department and the telephone number shall be permanently affixed to each placard.
(c) Once attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Department or upon written notification from the Building Department. [Ord. 216 §§ 1 – 4, 1992.]
Code reviser’s note: Ordinance 224 incorporated by reference Ordinance 223, which can be found in Chapter 8.15 RDMC.