Chapter 9.40
UNOCCUPIED BUILDINGS AND STRUCTURES
Sections:
9.40.010 Notice to secure building or structure.
9.40.030 Notification to other persons.
9.40.090 Securing structures by the city.
9.40.100 Public works department.
9.40.120 Director of building.
9.40.130 Emergency procedures.
9.40.140 Hearing as to necessity and cost.
9.40.010 Notice to secure building or structure.
When any unoccupied building or structure is not properly secured, locked, or closed and is accessible to juveniles, transients and undesirables and is a health, fire or safety hazard to the adjacent community, and the director of building so finds, he shall serve the record owner and (if not the owner) the person having control of such building or structure with a notice to secure or close the same forthwith so as to prevent unauthorized persons from gaining access thereto.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.020 Contents of notice.
The notice provided for in Section 9.40.010 shall inform the record owner and (if not the owner) the person having control of such building or structure that:
(a) He must forthwith secure or close such building or structure so as to prevent unauthorized persons from gaining access thereto.
(b) If, in his opinion, the building or structure is sufficiently secure and closed, or for any other reason he cannot be required to comply with subsection (a) of this section, within ten days after receipt of the notice, he may request a hearing by filing with, or mailing to, the director of building a demand for such hearing.
(c) If the required work is not performed within ten days after service of the notice and if a timely demand for hearing is not made, the city of South Gate may perform the work at the expense of the owner.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.030 Notification to other persons.
The director of building may, but is not required to, send copies of any notice provided for in Section 9.40.010 to the holder of any mortgage, trust deed or other liens or encumbrance, the holder or owner of any lease, or the holder of any other estate or interest in or to the building or structure or the land upon which it is located.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.040 Posting.
A copy of the notice shall be posted in a conspicuous place on the building or structure which is the subject of the notice. Further, the director of building may cause to be posted on such building a sign or signs to read:
"SUBSTANDARD BUILDING, DO NOT ENTER OR DAMAGE BY ORDER OF THE DEPARTMENT OF BUILDING AND SAFETY, CITY OF SOUTH GATE."
Such sign may contain additional information and warnings as, in the opinion of the director of building, are expedient. Such notice shall remain posted until the building again is lawfully occupied. A person shall not remove such notice without the written permission of the director of building. A person, other than a person having the right of occupancy, shall not enter the building.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.050 Service.
Proper service of any notice required by this chapter shall be by personal service or by first-class mail upon the record owner and (if not the owner) the person having control of such building or structures.
In the event the director of building is unable to serve any notice on any person as specified above, proper service on such person shall be by posting the notice in a conspicuous place on the building or structure.
The failure of any owner or other person to receive a notice shall not affect in any manner the validity of any proceedings under this chapter.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.060 Request for hearing.
Within ten days after service upon the record owner of a notice pursuant to Section 9.40.010, the record owner or any other person deeming himself aggrieved may request a hearing.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.070 Notice of hearing.
Upon receiving a request for hearing, the director of building shall set the matter for hearing before the board of appeals and shall serve notice not less than ten days prior thereto upon the person requesting such hearing and upon every person upon whom the notice provided for in Section 9.40.010 was served.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.080 Procedure.
Except as inconsistent with any other provisions of this chapter, all procedure taken shall be, and the board of appeals and the city of South Gate shall proceed and collect costs, as provided in this chapter.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.090 Securing structures by the city.
If a person is properly served a notice pursuant to Section 9.40.010 to secure or close a building so as to prevent unauthorized persons from gaining access thereto and neither he nor any other persons request a hearing, or, after a hearing, the board of appeals determines that such person is obliged to so secure or close such building, if such building is not so secured or closed within ten days after service of notice, if no hearing is requested, or within the time specified by the board of appeals, the city of South Gate may perform the work as provided in this chapter.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.100 Public works department.
The director of building may request the public works department to secure or to close any building or structure subject to the provisions of Section 9.40.090 so as to prevent unauthorized persons from gaining access thereto. Upon receipt of such request, the public works department, at the earliest possible opportunity, shall comply with such request, and shall keep an accurate record of the cost of such work.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.110 Lien.
Any lien for the cost incurred by the city in securing a building or structure from unlawful entry shall be subordinate to any mortgage, trust deed or other lien pursuant to either Section 9.40.010 or 9.40.070.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.120 Director of building.
Nothing in this chapter shall be deemed to preclude, prohibit or restrict the director of building from securing the prompt demolition or repair of buildings found to be substandard or unsafe under the provisions of this code.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.130 Emergency procedures.
Whenever the conditions described in Section 9.40.010 constitute such an immediate hazard that the building or structure must be secured or closed forthwith or within less than the designated period and either the police chief or the fire chief so finds and so notifies the director of building, he shall request the public works department to secure such building or structure as provided in Section 9.40.100 after giving such notice to the record owner or the person in charge or both as the circumstances will permit or without any notice whatever when, in the opinion of the police chief, fire chief, or director of building, immediate action is necessary.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))
9.40.140 Hearing as to necessity and cost.
The provisions of this chapter providing for hearings shall apply to any person having any right, title or interest in any building secured pursuant to Section 9.40.130. Such person may request a hearing as to the necessity and reasonable cost of the work performed by the public works department within ten days after the building is secured or within ten days after receiving notice of such work.
(Ord. 1336 § 1 (part), 8-8-77: Ord. 1186 § 1, 10-24-72 (repealed))