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2011-2969-Ordinance No. 2011-022 Recorded 8/2/2011REVIEW LEGAL CO NSEL COUNTY NANCY DESCHUTES CLERKDS �+�I �0 +•7969 COMMISSIONERS' JOURNAL AS'41'41 AM 48/01/1011 , , BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Chapter 15.04 to Adopt the Updated Fire Code and * ORDINANCE NO. 2011 -022 Declaring an Emergency. WHEREAS, Deschutes County Staff initiated a text amendment to Deschutes County Code ( "DCC ") Chapter 15.04 in order to adopt the most recent state adopted fire code ; and WHEREAS, adoption of this ordinance by emergency is necessary because adoption of this ordinance is occurring during the summer months where more fires are likely to occur and Deschutes County should be able to apply the most recently updated state regulations to prevent fires and protect the public health and safety; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 15.04, Building And Construction Codes And Regulations, is amended to read as described in Exhibit "A ", attached and incorporated by reference herein, with new language underlined and deleted language set forth in strik° ugh. PAGE 1 OF 2 - ORDINANCE NO. 2011-022 Section 2. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. Dated this of , 2011. BOARD OF COUNTY COMMISSIONERS ATTEST: (�� f a'� Recording Secretary ANTHONY DEBONE, Vice Chair Cit/t- cam_ ALAN UNGER, Commissioner Date of 1" Reading: ��day of , 2011. rl, Date of 2 "d Reading: �� 'day of , 2011. Record o Adoption Vote: Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger k4l Effective date,;�P'� day of , 2011. PAGE 2 OF 2 - ORDINANCE NO. 2011-022 OF DES TES COUNTY, OREGON TAM AN , Chair ATTEST: (�� f a'� Recording Secretary ANTHONY DEBONE, Vice Chair Cit/t- cam_ ALAN UNGER, Commissioner Date of 1" Reading: ��day of , 2011. rl, Date of 2 "d Reading: �� 'day of , 2011. Record o Adoption Vote: Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger k4l Effective date,;�P'� day of , 2011. PAGE 2 OF 2 - ORDINANCE NO. 2011-022 Chapter 15.04. BUILDING AND CONSTRUCTION CODES AND REGULATIONS 15.04.010. Specialty Codes and Building Requirements Adopted- Enforcement. 15.04.020. Repealed. 15.04.030. Repealed. 15.04.035. Repealed. 15.04.037. Repealed. 15.04.040. Repealed. 15.04.050. Repealed. 15.04.055. Repealed. 15.04.060. Repealed. 15.04.070. Building Abatement Code - Adopted. 15.04.080. Fire Code - Adopted. 15.04.085. Wildfire Hazard Zones. 15.04.090. Definitions. 15.04.100. Mobile Homes - Placement Permit- Inspection. 15.04.110. Expedited Construction Start. 15.04.120. Mobile Homes -State Certification Required. 15.04.130. Building Permit Issuance- Zoning Conformance - Planning Department Approval. 15.04.140. Industrial/Commercial Structure - Occupancy Certificate Required. 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. 15.04.160. Permit Fees - Adjustments. 15.04.170. Numbers for Addresses- Placement. 15.04.180. Administration - Enforcement. 15.04.190. Conditions Deemed a Public Nuisance. 15.04.200. Violation - Penalty. 15.04.210. Requirement for Water Service From Water Districts. 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. 15.04.010. Specialty Codes and Building Requirements Adopted- Enforcement. In the unineefper-ated -areas under the iurisdiction of the County, the County shall administer and enforce pursuant to ORS 455.153, the following specialty codes and building requirements as though the specific specialty codes and building requirements were ordinances of the County: A. The specialty codes under ORS 447 (Plumbing; Access by Disabled Persons), 455 (Building Code) and ORS 479.510 to 479.945 (Electrical Safety Law). B. Mobile or manufactured dwelling parks requirements adopted under ORS 446.062. C. Temporary parks requirements adopted under ORS 446.105. D. Manufactured dwelling installation, support and tiedown requirements adopted under ORS 446.230. E. Park and camp requirements adopted under ORS 455.680. (Ord. 2011- 022, 42, 2011; Ord. 96 -055 §2, 1996) 15.04.020. (Repealed by Ord. 96 -055 1996) 15.04.030. (Repealed by Ord. 96 -055 1996) 15.04.035. (Repealed by Ord. 96 -055 1996) 15.04.037. (Repealed by Ord. 93 -044 1993) 15.04.040. (Repealed by Ord. 96 -055 1996) 15.04.050. (Repealed by Ord. 96 -055 1996) 15.04.055. (Repealed by Ord. 91 -025 199 1) Chapter 15.05 1 (0.1- 6/2011.06) Page 1 of 7 — Exhibit A to Ordinance 2011 -022 15.04.060. (Repealed by Ord. 96 -055 1996) 15.04.070. Building Abatement Code- Adopted. A. Except as provided in DCC 15.04.070(B), a certain book or publication, a copy of which is on file with the County Clerk, marked and entitled, Uniform Code for the Abatement of Dangerous Buildings, 1994.7 Edition, hereinafter referred to as '%uy ldin abatement code," is ado ted in its entirety as the building abatement code for uF" the County for regulating and controlling the re air, vacation, demolition and abatement of dangerous buildings in the " of the County. The building abatement code adopted and on tY• g P file in the County Clerk's office is referred to and by this reference made a part of DCC 15.04 as though fully set out in DCC 15.04. B. The Uniform Code for the Abatement of Dangerous Buildings is adopted as amended below: 1. The words "or premises" are inserted after the word "building" under sections 401, 402, 403, 404, 701, 703, 802 and 901; 2. Chapter 9 is amended as follows: Section 901. Account of Expense, Filing of Report: Contents. The Director of the Community Development Department shall keep an itemized account of the expense incurred by the County in the repair or demolition of any building done pursuant to the provisions of section 701(C)3 of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the Board a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to subsection (c) of section 401. Section 902. Report Transmitted to Board -Set for Hearing. Upon receipt of said report, the Board shall fix a time, date and place for hearing said report and any protests or objections thereto. The Board shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appear on the last assessment roll of the County. Such notice shall be given at least ten days prior to the date set for hearing and shall specify the day, hour and place when the Board will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Section 903. Protests and Objections - How Made. Any person interested in or affected by the proposed charge may file written protests or objections with the Board at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. Section 904. Hearing of Protests. Upon the day and hour fixed for the hearing, the Board shall hear and pass upon the report of the director together with any objections or protests. The Board may make such revision, correction, or modification in the report or the charge as it may deem just; and when the Board is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the Board on the report and the charge, and on all protests or objections, shall be final and conclusive. Section 905. Personal Obligation and Lien Against Property. (a) General. The Board may thereupon order that said charge may be made a personal obligation of the property owner and/or assess said charge as a lien against the property involved. (b) Personal Obligation. If the Board orders that the charge shall be a personal obligation of the property owner, it shall direct County Legal Counsel to collect the same on behalf of the County by use of all appropriate legal remedies. Chapter 15.05 2 (04-6/201196) Page 2 of 7 — Exhibit A to Ordinance 2011 -022 (c) Lien. If the Board orders that the charge shall be assessed as a lien against the property, it shall direct County Legal Counsel to take all necessary action to perfect the lien under the provisions of ORS 87. Section 906. Lien. (a) Priority. Any lien filed pursuant to this chapter shall have the priority established in ORS 87 for construction liens. The lien shall continue until the principle and all interest due and payable thereon are paid. (b) Interest. Any such lien filed shall bear interest at the then legal rate. Section 907. Foreclosure of Lien. The lien filed pursuant to section 905 of this chapter shall be foreclosed as provided in ORS 87. Section 912. Disbursement of Lien. All money recovered from the sale of the property through lien foreclosure proceedings under ORS 87 shall be paid to the County Treasurer, who shall credit the same to the County general fund. (Ord. 2011- 022, §2, 2011: Ord. 95 -005 § 1, 1995; Ord. 88 -027 §1, 1988; Ord. 83 -056 §5, 1983) 15.04.080. Fire Code - Adopted. A eeftain book or- publieation, a eepy of whieh is en file with the County Glefli, mafked ajid etititledi Uniform Fife Cede, 1994 Edifien, Staw of Oregon 1996 Amendments, effeetive April E 1996- The 2009 edition of the International Fire Code as published by the international Code Council and as amended by the Office of State Fire Marshal a copy of which is on file with the Coun , Clerk., hereinafter referred to as "fire code," hereby is adopted in its entirety as the fire code of the County and incorporated by reference herein , And -nrid from conditi ited Pesehules County; and the fire cede so adopted (Ord. 2011- 022. §2.2011: Ord. 97 -024 §1, 1997; Ord. 93- 006 §1, 1993; Ord. 90 -005 §4, 1990; Ord. 86 -068 § 1, 1986; Ord. 83 -056 §6, 1983) 15.04.085. Wildfire Hazard Zones. A. Wildfire Hazard Zones are those depicted on the Deschutes County Wildfire Hazard Areas map on file with the County Clerk. B. Adoption of the Wildfire Hazard Areas map implements the provisions of Section 326 of The 1998 r * t l n and Twe Family Dwelling Cedethe Wildfire Hazard Mitigation Section of the - n,,.C„�C�SLG -�T, iTV. Oregon Residential Specialty Code enforced pursuant to DCC 15.04.010(A). (Ord" 2011 -022' ,_ 2� . 24l I; Ord. 2001 -024 §1, 2001) 15.04.090. Definitions. Whenever appropriate in applying the provisions of DCC 15.04, the following words and phrases are defined as set forth in DCC 15.04.090. "Appointing authority" means the Board of County Commissioners. "Building Department" means the office of the County Building Official or his designee. "Building official" means the person designated by the Board as the Building Administrator. "County" means Deschutes County, a political subdivision of the State of Oregon. "Fire chief' means the applicable chief of any rural fire protection district or the chief of any fire department of a special district. "Mobile home" has the meaning provided in DCC Title 18. Chapter 15.05 3 (04-6/201106) Page 3 of 7 — Exhibit A to Ordinance 2011 -022 "Modular or factory-built home" means a factory-built dwelling unit designed to be transported to a site and the construction meets the standards of the Oregon Prefabricated Structures Code, and is a structure for the purposes of DCC 15.04. (Ord. 2011 -022, $2, 201.1; Ord. 95 -063 §1, 1995; Ord. 83 -056 §12,1983) 15.04.100. Mobile Homes - Placement Permit- Inspection. No mobile home shall be occupied within the without first obtaining a placement permit and satisfactory inspection of placement on the site, electrical connections and plumbing connections. (Ord. 95 -063 § 1, 1995; Ord. 83 -056 §7, 1983) 15.04.110. Expedited Construction Start. A. Notwithstanding any other provision set forth in DCC 15.04, the Deschutes County Community Development Department is authorized to allow the commencement and undertaking of certain construction work for certain types of single - family residences served by sewer and certain types of garages prior to the issuance of building permits. The Building Safety Director shall have the discretion to limit the kind of construction project to which DCC 15.04.110 applies and the extent to which such construction can proceed before building permits must be issued. Such discretion shall be exercised in a manner calculated to protect public safety and to limit applicability to projects with a very high probability of gaining ultimate approval under applicable land use and building codes. B. In all cases, owners or their authorized representatives shall have applied for required building permits. Before commencing construction under DCC 15.04.110, owners and any general contractor employed by the owner shall be required to sign a form of agreement with the County, acting by and through the building official or the Director of the Community Development Department or such other persons as the Board may designate, by which the owner and any general contractor agree at a minimum to assume all risks associated with proceeding before building permits are issued, agree to call for required inspections under the applicable building code and to correct any construction deficiencies noted, agree to take remedial action, including but not limited to removal of construction work, in the event that the plans submitted for approval are ultimately not approved by the Community Development Department, and to indemnify the County for any damage suffered by reason of commencing and undertaking construction under DCC 15.04.110. C. Any owner wishing to proceed with construction under DCC 15.04.110 shall apply to the Community Development Department for approval and pay an application fee in an amount determined by the Board. D. For purposes of enforcement, violation of any provision of the agreement authorized by DCC 15.04.110 by any owner or contractor who is a party to such an agreement shall be treated as if it were a violation of a provision of DCC 15.04. Enforcement under DCC 15.04 shall be in addition to any remedies set forth under the Agreement. (Ord. 95 -063 §1, 1995; Ord. 91 -046 §1, 1991) 15.04.120. Mobile Homes -State Certification Required. iiiiiiiai ilt home shall be located in the until such modular or factory-built home has been certified by the state as meeting all state requirements. (Ord. 95 -063 §1, 1995; Ord. 83 -056 §8, 1983) 15.04.130. Building Permit Issuance - Zoning Conformance - Planning Department Approval. No building permit shall be issued for the construction, reconstruction, remodeling, enlargement, alteration, repair or conversion of any dwelling unit containing two or more dwelling units, commercial or industrial Chapter 15.05 4 (04-6/201_196) Page 4 of 7 — Exhibit A to Ordinance 2011 -022 structure, or public use structure until plans therefor, including plot plan, are submitted to the Planning Department and approved by it as conforming to the zoning ordinances of the County. (Ord. 95 -063 §1, 1995; Ord. 83 -056 §10, 1983) 15.04.140. Industrial/Commercial Structure- Occupancy Certificate Required. No industrial or commercial structure shall be occupied until a certificate of occupancy has been issued. (Ord. 95 -063 §1, 1995; Ord. 93 -052 §1, 1993) 15.04.150. Building or Mobile Home Placement Permit Issuance- Zoning and Subdivision Conformance. No building permit or mobile home placement permit shall be issued if the parcel of land upon which the building or mobile home is to be erected or located on, or is located on, would be in violation of DCC Title 17, the subdivision title or DCC Title 18, the zoning title. A subdivision shall be deemed to be in violation of the zoning ordinance for the purpose of issuing building permits so long as roads and other improvements remain uncompleted in accordance with the applicable subdivision provisions. (Ord. 95 -063 § 1, 1995; Ord. 83 -056 § 11, 1983) 15.04.160. Permit Fees - Adjustments. The fees for permits under DCC 15.04 shall be the fees prescribed by the State Building Codes Agency. The County may set any permit fee at any amount approved by the state, or set a fee for a permit for which the state has failed to set a fee by proper resolution. Such fees may be waived by the Board of County Commissioners, the County Administrator, or the Director of the County Community Development Department. (Ord. 2006 -002 §1, 2006; Ord. 96 -058 §1, 1996; Ord. 95 -063 §1, 1995; Ord. 93 -006 §1, 1993; Ord. 83 -056 §15, 1983) 15.04.170. Numbers for Addresses- Placement. Numbers for addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from a distance of 50 feet. Such numbers or addresses shall contrast with their background and shall be the official address number as assigned the property by the County, the City of Bend, the Redmond Fire District, or the City of Sisters. (Ord. 95 -063 § 1, 1995; Ord. 83 -056 §9, 1983) 15.04.180. Administration- Enforcement. The building official as defined in DCC 15.04 shall administer and enforce DCC 15.04, except that the provisions of the fire code shall be administered and enforced by the applicable fire chief. (Ord. 95 -063 §1, 1995; Ord. 83 -056 §13, 1983) 15.04.190. Conditions Deemed a Public Nuisance. Any act or condition which is in violation of any of the provisions of DCC 15.04, which is committed, continued or permitted, is declared to be a public nuisance, and the County may, in addition to any other remedies provided by law, institute the proceedings for the enforcement of DCC 15.04. (Ord. 95 -063 § 1, 1995; Ord. 83 -056 § 18, 1983) 15.04.200. Violation - Penalty. A. It fepaif, move, , , demolish, equip, 1 g, stmetufe of fnebile home fin the wnifieer-peft4ed afeas of the Getmty� of eause the same to be done, een4aFy to er- in .. of &iy Chapter 15.05 5 (04-6/201106) Page 5 of 7 — Exhibit A to Ordinance 2011 -022 G..wity puts, afA to ORS 455 1537 Violation of any provision of DCC 15.04, any specialty code or building code requirement administered by the County_ pursuant to ORS 455.153, or the fire code is a Class A violation. B. . A person liable for prosecution under DCC 1.16.015(C) for a violation of DCC 15.04 or any code adopted therein is also subject to a civil penalty not to exceed $720.00 per day the violation exists C. The building official. may initiate proceedings to o assess a civil penalty for any violation of this chapter or codes adopted herein except for violations of the fire code. D. A fire chief is authorized to initiate proceedings under DCC Chapter 1.17 to assess a civil penalty for a violation of the fire code. E. A civil penalty for a violation under a building inspection program m rnay not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895. in proceedings to assess civil penalties under this G. A fire chief is authorized to issue citations that charge person with a violation. of the fire code. (Ord. 201.1 -022, § 1, 2011; Ord. 2003 -021 §31, 2003; Ord. 96 -055 §2, 1996; Ord. 95 -063 §1, 1995; Ord. 83 -056 §17, 1983) 15.04.210. Requirement for Water Service from Water Districts. A. All new buildings requiring water service that are located within the boundaries of a domestic water supply district, water authority, joint water and sanitary authority or county service district ( "district ") shall be connected to and served by the district's facilities unless an alternate domestic water source is approved in writing by the district. 1. All building permit applications for new construction requiring an individual domestic water source located within a district shall include a written statement from the district on a form provided by the Community Development Department stating that the district will provide water service or that the subject building is not required to receive water service from the district. 2. This provision is not applicable to properties with an existing individual domestic water source. B. If the applicant is unable to obtain approval of the appropriate district within 15 days of submission to such district, the applicant shall provide written notification to the Community Development Department ( "CDD ") and, thereafter, CDD shall notify the district by certified mail that any objections to the issuance of the building permit must be filed with CDD within 15 days of the date of the notice or failure to respond shall be considered to be an approval of the proposed water source. (Ord. 2002 -011 § 1, 2002) 15.04.220. Supply of Water for Domestic Use in Conformance With State and Federal Regulations. A. All water supplies serving as sources of human consumption must comply with the Federal Safe Drinking Water Act, as amended and regulated, as well as Oregon Revised Statutes. B. Irrigation District or System sources do not comply with these regulations, and shall not be permitted as sources of water for human consumption for new construction or structure modifications. 1. Applications for building permits for new construction that include cistern storage for water for human consumption purposes shall require conclusive proof that the source of cistern water is not irrigation water. Chapter 15.05 6 (06/201_106) Page 6 of 7 — Exhibit A to Ordinance 2011 -022 2. Construction modifications to existing structures or systems requiring County review and which have cistern storage for water for human consumption shall require conclusive proof that the source of cistern water is not irrigation water. 3. The Deschutes County Building Official shall not issue a building permit for any applicant failing to comply with these provisions. 4. If a structure or structure modification requiring a water source for human consumption is constructed without the required building permit and the water source is irrigation water, the use shall be a violation of this code provision. C. Existing users of Irrigation District or System water for human consumption -may comply with these state and federal regulations by modifying their systems to obtain water from private wells, a public or private water system, or a water hauling service. If existing users do not modify their systems, upon notice of an existing user's non - compliance with the state and federal regulations regarding water supply for human consumption, the County shall notify the appropriate irrigation district. (Ord. 2002 -011 § 1, 2002) Chapter 15.05 7 (04-6/201106) Page 7 of 7 — Exhibit A to Ordinance 2011 -022 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS'" CODE COUNCH? First Printing: March 1997 Second Printing: March 2005 Third Printing: April 2007 Fourth Printing: April 2008 Fifth Printing: August 2009 ISSN 0896 -971X ISBN 1- 884590 -76 -4 COPYRIGHT © 1994, 1995, 1996, 1997 by International Code Council 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001 1- 888 -ICC -SAFE PRINTED IN TIIE U.S.A. Preface The provisions of this code were developed to afford jurisdictions reasonable procedures for the classification and abatement of danger- ous buildings. This code is designed to be compatible with the Uniform Building Code- and the Uniform Housing Code -. While the Housing Code is applicable only to residential buildings, the Uniform Code for theAbatement ofDangerous Buildings- is designed to apply to all types of buildings and structures. The notices, orders and appeals procedures specified have been found to be workable and are referenced by the Uniform Building Code. If properly followed, the provisions of this code will provide the building official with the proper legal steps in abating dilapidated, defective buildings which endanger life, health, property and public safety within concepts of fair play and justice. CODES AND RELATED PUBLICATIONS The International Code Council (ICC) publishes a family of codes, each correlated with the Uniform Building Code- to provide jurisdictions with a complete set of building - related regulations for adoption. Reference materials and related codes also are available to improve knowledge of code enforcement and administration of building inspection programs. Publications and products are continu- ally being added, so inquiries should be directed to Conference headquarters for a listing of available products. Many codes and refer- ences are also available on CD -ROM or floppy disk. These are denoted by ( *). The following publications and products are available from ICC: CODES *Uniform Building Code, Volumes 1, 2 and 3. The most widely adopted model building code in the United States, the performance - based Uniform Building Code is a proven document, meeting the needs of government units charged with the enforcement of building regula- tions. Volume 1 contains administrative, fire- and life- safety and field inspection provisions; Volume 2 contains structural engineering design provisions; and Volume 3 contains material, testing and installation standards. *Uniform Mechanical Code –. Provides a complete set of require- ments for the design, construction, installation and maintenance of heating, ventilating, cooling and refrigeration systems; incinerators and other heat - producing appliances. International Plumbing Code -. Provides consistent and techni- cally advanced requirements that can be used across the country to pro- vide comprehensive regulations of modern plumbing systems. Setting minimum regulations for plumbing facilities in terms of performance objectives, the IPC provides for the acceptance of new and innovative products, materials and systems. International Private Sewage Disposal Code -. Provides flexibil- ity in the development of safety and sanitary individual sewage disposal systems and includes detailed provisions for all aspects of design, installation and inspection of private sewage disposal systems. International Mechanical Code –. Establishes minimum regula- tions for mechanical systems using prescriptive and performance- related provisions. It is founded on broad -based principles that make possible the use of new materials and new mechanical designs. Uniform Zoning Code –. This code is dedicated to intelligent com- munity development and to the benefit of the public welfare by provid- ing a means of promoting uniformity in zoning laws and enforcement. *Uniform Fire Code –, Volumes 1 and 2. The premier model fire code in the United States, the Uniform Fire Code sets forth provisions necessary for fire prevention and fire protection. Published by the Intemational Fire Code Institute, the Uniform Fire Code is endorsed by the Western Fire Chiefs Association, the Intemational Association of Fire Chiefs and ICBO. Volume i contains code provisions compatible with the Uniform Building Code, and Volume 2 contains standards ref- erenced from the code provisions. *Urban- Wildland Interface Code –. Promulgated by IFCI, this code regulates both land use and the built environment in designated ur- ban-wildland interface areas. This newly developed code is the only model code that bases construction requirements on the fire -hazard severity exposed to the structure. Developed under a grant from the Federal Emergency Management Agency, this code is the direct result of hazard mitigation meetings held after devastating wildfires. Uniform Housing Code". Provides complete requirements affect- ing conservation and rehabilitation of housing. Its regulations are com- patible with the Uniform Building Code. Uniform Code for the Abatement of Dangerous Buildings -. A code compatible with the Uniform Building Code and the Uniform Housing Code which provides equitable remedies consistent with other laws for the repair, vacation or demolition of dangerous buildings. Uniform Sign Code-. Dedicated to the development of better sign regulation, its requirements pertain to all signs and sign construction attached to buildings. Uniform Administrative Code -. This code covers administrative areas in connection with adoption of the Uniform Building Code, Uniform Mechanical Code and related codes. It contains provisions which relate to site preparation, construction, alteration, moving, repair iv and use and occupancies of buildings or structures and building service equipment, including plumbing, electrical and mechanical regulations. The code is compatible with the administrative provisions of all codes published by the Conference. Uniform Building Security Code -. This code establishes mini- mum standards to make dwelling units resistant to unlawful entry. It regulates swinging doors, sliding doors, windows and hardware in con- nection with dwelling units of apartment houses or one- and two- family dwellings. The code gives consideration to the concerns of police, fire and building officials in establishing requirements for resistance to bur- glary which are compatible with fire and life safety. Uniform Code for Building Conservation –. A building conserva- tion guideline presented in code format which will provide a communi- ty with the means to preserve its existing buildings while achieving appropriate levels of safety. It is formatted in the same manner as the Uniform Building Code, is compatible with other Uniform Codes, and may be adopted as a code or used as a guideline. Dwelling Construction under the Uniform Building Code –. Designed primarily for use in home building and apprentice training, this book contains requirements applicable to the construction of one- and two -story dwellings based on the requirements of the Uniform Building Code. Available in English or Spanish. Dwelling Construction under the Uniform Mechanical Code". This publication is for the convenience of the homeowner or contractor interested in installing mechanical equipment in a one- or two- family dwelling in conformance with the Uniform Mechanical Code. Supplements to UBC and related codes. Published in the years be- tween editions, the Supplements contain all approved changes, plus an analysis of those changes. Uniform Building Code -1927 Edition. A special 60th anniversa- ry printing of the first published Uniform Building Code. One and Two Family Dwelling Code. Promulgated by ICC, this code eliminates conflicts and duplications among the model codes to achieve national uniformity. Covers mechanical and plumbing require- ments as well as construction and occupancy. Application and Commentary on the One and Two Family Dwelling Code. An interpretative commentary on the One and Two FamilyDwelling Code intended to enhance uniformity of interpretation and application of the code nationwide. Developed by the three model code organizations, this document includes numerous illustrations of code requirements and the rationale for individual provisions. Model Energy Code. This code includes minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings. It is based on American Society of Heat- ing, Refrigeration and Air- conditioning Engineers Standard 90A -1980 and was originally developed jointly by ICBO, BOCA, SBCCI and the National Conference of States on Building Codes and Standards under a contract funded by the United States Department of Energy. The code is now maintained by ICC and is adopted by reference in the Uniform Building Code. National Electrical Code®. The electrical code used throughout the United States. Published by the National Fire Protection Association, it is an indispensable aid to every electrician, contractor, architect, build- er, inspector and anyone who must specify or certify electrical installa- tions. TECHNICAL REFERENCES AND EDUCATIONAL MATERIALS Analysis of Revisions to the Uniform Codes -. An analysis of changes between the previous and new editions of the Uniform Codes is provided. Changes between code editions are noted either at the begin- ning of chapters or in the margins of the code text. *Handbook to the Uniform Building Code. The handbook is a completely detailed and illustrated commentary on the Uniform Build- ing Code, tracing historical background and rationale of the codes through the current edition. Also included are numerous drawings and figures clarifying the application and intent of the code provisions. Also available in electronic format. *Handbook to the Uniform Mechanical Code. An indispensable tool for understanding the provisions of the current UMC, the handbook traces the historical background and rationale behind the UMC provi- sions, includes 160 figures which clarify the intent and application of the code, and provides a chapter -by- chapter analysis of the UMC. *Uniform Building Code Application Manual. This manual discusses sections of the Uniform Building Code with a question -and- answer format, providing a comprehensive analysis of the intent of the code sections. Most sections include illustrative examples. The manual is in loose -leaf format so that code applications published in Building Standards magazine may be inserted. Also available in electronic format. *Uniform Mechanical Code Application Manual. As a compan- ion document to the Uniform Mechanical Code, this manual provides a comprehensive analysis of the intent of a number of code sections in an easy -to -use question- and - answer format. The manual is available in a loose -leaf format and includes illustrative examples for many code sections. *Uniform Fire Code Applications Manual. This newly developed manual provides questions and answers regarding UFC provisions. A comprehensive analysis of the intent of numerous code sections, the manual is in a loose -leaf format for easy insertion of code applications published in IFCI's Fire Code Journal. Quick- Reference Guide to the Occupancy Requirements of the 1997 UBC. Code requirements are compiled in this publication by occupancy groups for quick access. These tabulations assemble requirements for each occupancy classification in the code. Provisions, such as fire- resistive ratings for occupancy separations in Table 3 -13, exterior wall and opening protection requirements in Table 5 -A -1, and fire- resistive ratings for types of construction in Table 6 -A, are tabu- lated for quick reference and comparison. Plan Review Manual. A practical text that will assist and guide both the field inspector and plan reviewer in applying the code requirements. This manual covers the nonstructural and basic structural aspects of plan review. Field Inspection Manual. An important fundamental text for courses of study at the community college and trade or technical school level. It is an effective text for those studying building construction or architecture and includes sample forms and checklists for use in the field. Building Department Administration. An excellent guide for im- provement of skills in departmental management and in the enforce- ment and application of the Building Code and other regulations administered by a building inspection department. This textbook will also be a valuable aid to instructors, students and those in related profes- sional fields. Building Department Guide to Disaster Mitigation. This new, expanded guide is designed to assist building departments in develop- ing or updating disaster mitigation plans. Subjects covered include guidelines for damage mitigation, disaster - response management, immediate response, mutual aid and inspections, working with the media, repair and recovery policies, and public information bulletins. This publication is a must for those involved in preparing for and responding to disaster. Building Official Management Manual. This manual addresses the unique nature of code administration and the managerial duties of the building official. A supplementary insert addresses the budgetary and financial aspects of a building department. It is also an ideal resource for those preparing for the management module of the CABO Building Official Certification Examination. Legal Aspects of Code Administration. A manual developed by the three model code organizations to inform the building official on the le- gal aspects of the profession. The text is written in a logical sequence with explanation of legal terminology. It is designed to serve as a refresher for those preparing to take the legal module of the CABO Building Official Certification Examination. Illustrated Guide to Conventional Construction Provisions of the UBC. This comprehensive guide and commentary provides detailed explanations of the conventional construction provisions in the UBC, including descriptive discussions and illustrated drawings to convey the prescriptive provisions related to wood -frame construction. Introduction to the Uniform Building Code. A workbook that pro- vides an overview of the basics of the UBC. Uniform Building Code Update Workbook. This manual address- es many of the changes to the administrative, fire- and life- safety, and inspection provisions appearing in the UBC. UMC Workbook. Designed for independent study or use with instructor -led programs based on the Uniform Mechanical Code, this comprehensive study guide consists of 16 learning sessions, with the first two sessions reviewing the purpose, scope, definitions and admin- istrative provisions and the remaining 14 sessions progressively explor- ing the requirements for installing, inspecting and maintaining heating, ventilating, cooling and refrigeration systems. UBC Field Inspection Workbook. A comprehensive workbook for studying the provisions of the UBC. Divided into 12 sessions, this workbook focuses on the UBC combustible construction requirements for the inspection of wood - framed construction. Concrete Manual. A publication for individuals seeking an under- standing of the fundamentals of concrete field technology and inspec- tion practices. Of particular interest to concrete construction inspectors, it will also benefit employees of concrete producers, contractors, test- ing and inspection laboratories and material suppliers. Reinforced Concrete Masonry Construction Inspector's Hand- book. A comprehensive information source written especially for ma- sonry inspection covering terminology, technology, materials, quality control, inspection and standards. Published jointly by ICBO and the Masonry Institute of America. You Can Build It! Sponsored by ICBO in cooperation with CABO, this booklet contains information and advice to aid "do- it- yourselfers" with building projects. Provides guidance in necessary procedures such as permit requirements, codes, plans, cost estimation, etc. Guidelines for Manufactured Housing Installations. A guideline in code form implementing the Uniform Building Code and its compan- ion code documents to regulate the permanent installation of a man- ufactured home on a privately owned, nonrental site. A commentary is included to explain specific provisions, and codes applying to each component part are defined. Accessibility Reference Guide. This guide is a valuable resource for architects, interior designers, plan reviewers and others who design and enforce accessibility provisions. Features include accessibility require- ments, along with detailed commentary and graphics to clarify the pro- visions; cross- references to other applicable sections of the UBC and the Americans with Disabilities Act Accessibility Guidelines; a check- list of UBC provisions on access and usability requirements; and many other useful references. Educational and Technical Reference Materials. The Conference has been a leader in the development of texts and course material to assist in the educational process. These materials include vital informa- tion necessary for the building official and subordinates in carrying out their responsibilities and have proven to be excellent references in con- nection with community college curricula and higher -level courses in the field of building construction technology and inspection and in the administration of building departments. Included are plan review checklists for structural, nonstructural, mechanical and fire- safety pro- visions and a full line of videotapes and automated products. V TABLE OF CONTENTS Chapter 1 Title and Scope ......................... 1 Section 101 Title .............................. 1 Section 102 Purpose and Scope .................. 1 Section 103 Alterations, Additions and Repairs ...... 1 Chapter 2 Enforcement ........................... 3 Section 201 General ........................... 3 Section 202 Abatement of Dangerous Buildings ..... 3 Section 203 Violations ......................... 3 Section 204 Inspection of Work .................. 3 Section 205 Board of Appeals .................... 3 Chapter 3 Definitions ............................. 5 Section 301 General ........................... 5 Section 302 Dangerous Building .................. 5 Chapter 4 Notices and Orders of Building Official ..... 7 Section 401 General ........................... 7 Section 402 Recordation of Notice and Order ........ 7 Section 403 Repair, Vacation and Demolition ........ 7 Section 404 Notice to Vacate ..................... 8 Chapter 5 Appeal . ............................... 9 Section 501 General ........................... 9 Section 502 Effect of Failure to Appeal ............ 9 Section 503 Scope of Hearing on Appeal ........... 9 Section 504 Staying of Order under Appeal ......... 9 Chapter 6 Procedures for Conduct of Hearing Appeals . 11 Section 601 General ........................... 11 Section 602 Form of Notice of Hearing ............ 11 Section 603 Subpoenas ......................... 11 Section 604 Conduct of Hearing .................. 11 Section 605 Method and Form of Decision .......... 12 Chapter 7 Enforcement of the Order of the Building Official or the Board of Appeals ... 13 Section 701 Compliance ........................ 13 Section 702 Extension of Time to Perform Work ..... 13 Section 703 Interference with Repair or Demolition Work Prohibited .................... 13 Chapter 8 Performance of Work of Repair or Demolition 15 Section 801 General ........................... 15 Section 802 Repair and Demolition Fund ........... 15 Chapter 9 Recovery of Cost of Repair or Demolition ... 17 Section 901 Account of Expense, Filing of Report .... 17 Section 902 Notice of Hearing ................... 17 Section 903 Protests and Objections ............... 17 Section 904 Hearing of Protests .................. 17 Section 905 Personal Obligation or Special Assessment 17 Section 906 Contest ............................ 17 Section 907 Authority for Installment Payment of Assessments with Interest ............. 17 Section 908 Lien of Assessment .................. 17 Section 909 Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill ...... 17 Section 910 Filing Copy of Report with County Auditor ..................... 18 Section 911 Collection of Assessment: Penalties for Foreclosure ........................ 18 Section 912 Repayment of Repair and Demolition Fund............................. 18 vii 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 1 101 103 TITLE AND SCOPE SECTION 101 —TITLE The purpose of this code is not to create or otherwise establish or These regulations shall be known as the Uniform Code for the designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Abatement ofDangerous Buildings, may be cited as such, and will code. be referred to herein as "this code." 102.2 Scope. The provisions of this code shall apply to all dan- gerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction. 102.1 Purpose. It is the purpose of this code to provide a just, eq- uitable and practicable method, to be cumulative with and in addi- tion to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or struc- tures 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. 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 Sec- tion 3403 of the Building Code. 1997 ABATEMENT OF DANGEROUS BUILDINGS 201 205.2 Chapter 2 ENFORCEMENT SECTION 201 — GENERAL 201.1 Administration. The building official is hereby autho- rized to enforce the provisions of this code. The building official shall have the power to render interpreta- tions 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. 201.2 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. 201.3 Right of Entry. When it is necessary to make an inspec- tion to enforce the provisions of this code, or when the building official or the building official's authorized representative has rea- sonable 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 per- sons having charge or control of the building or premises and re- quest 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 Section 201.2 and their authorized inspection personnel. SECTION 202 — ABATEMENT OF DANGEROUS BUILDINGS All buildings or portions thereof which are determined after in- spection 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 accord- ance with the procedure specified in Section 401 of this code. SECTION 203 — 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 struc- ture or cause or permit the same to be done in violation of this code. SECTION 204 — 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 sub- ject to inspection by the building official in accordance with and in the manner provided by this code and Sections 108 and 1701 of the Building Code. SECTION 205 — BOARD OF APPEALS 205.1 General. In order to hear and decide appeals of orders, de- cisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters per- taining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be ap- pointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its busi- ness and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regula- tions adopted by the board shall be delivered to the building offi- cial, who shall make them freely accessible to the public. 205.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 3 DEFINITIONS SECTION 301 —GENERAL For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chap- ter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary ac- cepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Lan- guage, Unabridged, copyright 1986, shall be construed as provid- ing 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 mas- culine. BUILDING CODE is the Uniform Building Code promul- gated by the International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. 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 condi- tions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered. 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 incase of fire or pan- ic. 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. 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 Building Code for new buildings of similar structure, purpose or location. 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 Building Code for new buildings of similar structure, purpose or location. 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. 6. Whenever any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof is not of suffi- cient 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 Building Code for new buildings of similar structure, purpose or location without exceeding the work- ing stresses permitted in the Building Code for such buildings. 301 302 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. 8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty con- struction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such build- ing; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 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. 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. 11. Whenever the building or structure, exclusive of the foun- dation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterio- ration of its nonsupporting members, enclosing or outside walls or coverings. 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 (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing un- lawful or immoral acts. 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 Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire- resisting qualities or characteristics, or (iii) 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. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is deter- mined by the health officer to be unsanitary, unfit for human habi- tation or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire - resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is de- termined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in eq- uity jurisprudence. 5 302 18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or struc- ture or whenever any building or structure is abandoned for a peri- od in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. 1997 ABATEMENT OF DANGEROUS BUILDINGS 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 4 NOTICES AND ORDERS OF BUILDING OFFICIAL SECTION 401 — GENERAL 401.1 Commencement of Proceedings. When the building of- ficial 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 re- pair, vacation or demolition of the building. 401.2 Notice and Order. The building official shall issue a no- tice and order directed to the record owner of the building. The no- tice and order shall contain: 1. The street address and a legal description sufficient for iden- tification of the premises upon which the building is located. 2. A statement that the building official has found the building to be dangerous with a brief and concise description of the condi- tions found to render the building dangerous under the provisions of Section 302 of this code. 3. A statement of the action required to betaken as determined by the building official. 3.1 If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed with- in such time as the building official shall determine is reasonable under all of the circumstances. 3.2 If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable. 3.3 If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all re- quired permits be secured therefor within 60 days from the date of the order; and that the demolition be com- pleted within such time as the building official shall de- termine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the board of ap- peals, provided the appeal is made in writing as provided in this code and filed with the building official within 30 days from the date of service of such notice and order; and (ii) that failure to ap- peal will constitute a waiver of all right to an administrative hear- ing and determination of the matter. 401.3 Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the 401 403 building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encum- brance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the build- ing official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. 401.4 Method of Service. 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 their ad- dress as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not af- fect the validity of any proceedings taken under this section. Serv- ice by certified mail in the manner herein provided shall be effective on the date of mailing. 401.5 Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting serv- ice, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official. SECTION 402 — RECORDATION OF NOTICE AND ORDER If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a cer- tificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so noti- fied. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it 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 re- corder certifying that the building has been demolished or all re- quired corrections have been made so that the building is no longer dangerous, whichever is appropriate. SECTION 403 — REPAIR, VACATION AND DEMOLITION The following standards shall be followed by the building official (and by the board of appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or struc- ture: 1. Any building declared a dangerous building under this code shall be made to comply with one of the following: 1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or 1.2 The building shall be demolished at the option of the building owner; or 403 404.2 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. SECTION 404 — NOTICE TO VACATE 404.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 401.3, be posted at or upon each exit of the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official .......of....... 1997 ABATEMENT OF DANGEROUS BUILDINGS 404.2 Compliance. Whenever such notice is posted, the build- ing official shall include a notification thereof in the notice and order issued under Section 401.2, reciting the emergency and specifying the conditions which necessitate the posting. No per- son shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or re- move such building under permit. No person shall remove or de- face any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 5 APPEAL SECTION 501 — GENERAL 501.1 Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal containing: 1. A heading in the words: "Before the board of appeals of the .......... of ........... 2. A caption reading: "Appeal of ........... giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the re- lief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the ap- peal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. 501 504 501.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. 501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the board of ap- peals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be 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 given at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mail- ing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. SECTION 502 — EFFECT OF FAILURE TO APPEAL Failure of any person to file an appeal in accordance with the pro- visions of Section 501 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. SECTION 503 — SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. SECTION 504 — STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 404, en- forcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 6 PROCEDURES FOR CONDUCT OF HEARING APPEALS SECTION 601 — GENERAL 601.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision. 601.2 Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board. 601.3 Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. 601.4 Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter re- mains before the examiner. 601.5 Oaths—Certification. In any proceedings under this chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. 601.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter be- fore it. Due regard shall be shown for the convenience and neces- sity of any parties or their representatives. SECTION 602 — FORM OF NOTICE OF HEARING The notice to appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before (the board of appeals or name of hearing examiner) at ........... on the........... day of ............ 19 ........ at the hour .......... upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross -ex- amine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (board of appeals or name of hearing ex- aminer)." SECTION 603 — SUBPOENAS 603.1 Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of wit- nesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be ob- tained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired 601 604.7.2 things in possession or under control. A subpoena need not be is- sued when the affidavit is defective in any particular. 603.2 Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner. 603.3 Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misde- meanor. SECTION 604 — CONDUCT OF HEARING 604.1 Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 604.2 Oral Evidence. Oral evidence shall betaken only on oath or affirmation. 604.3 Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 604.4 Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible per- sons are accustomed to rely in the conduct of serious affairs, re- gardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 604.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. 604.6 Rights of Parties. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross - examine opposing witnesses on any matter rele- vant to the issues of the hearing; 4. To impeach any witness regardless of which party first called the witness to testify; 5. To rebut the evidence; and 6. To be represented by anyone who is lawfully permitted to do SO. 604.7 Official Notice. 604.7.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or depart- ments and ordinances of the city or rules and regulations of the board. 604.7.2 Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended there- to. 11 604.7.3 605.8 604.7.3 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presen- tation of authority, the manner of such refutation to be determined by the board or hearing examiner. 604.7.4 Inspection of the premises. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present dur- ing the inspection, and (iii) the board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner. SECTION 605 — METHOD AND FORM OF DECISION 605.1 Hearing before Board Itself. When a contested case is heard before the board itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision. 605.2 Hearing before Examiner. If a contested case is heard by a hearing examiner alone, the examiner shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examin- er's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be ad- opted by the board as its decision in the case. All examiner's re- ports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board. 12 1997 ABATEMENT OF DANGEROUS BUILDINGS 605.3 Consideration of Report by Board — Notice. The board shall fix the time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each in- terested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of the parties. 605.4 Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written excep- tions to any part or all of the examiner's report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the board, any party may present oral argument to the board. 605.5 Disposition by the Board. The board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision. 605.6 Proposed Decision Not Adopted. If the proposed deci- sion is not adopted as provided in Section 605.5, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a report and proposed decision as provided in Section 605.2 hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section. 605.7 Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues pre- sented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. 605.8 Effective Date of Decision. The effective date of the de- cision shall be as stated therein. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 7 ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF APPEALS SECTION 701 — COMPLIANCE 701.1 General. After any order of the building official or the board of appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, ne- glect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. 701.2 Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant to this code has be- come final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Section 701.1 or (ii) in- stitute any appropriate action to abate such building as a public nuisance. 701.3 Failure to Commence Work. Whenever the required re- pair or demolition is not commenced within 30 days after any fi- nal notice and order issued under this code becomes effective: 1. 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: DANGEROUS BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official .......of....... 2. No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal or- dered by the building official have been completed and a certifi- cate of occupancy issued pursuant to the provisions of the Building Code. 3. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dan- gerous as set forth in the notice and order; or, if the notice and or- 701 703 der required 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 demo- lition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawful- ly entitled thereto. SECTION 702 — EXTENSION OF TIME TO PERFORM WORK Upon receipt of an application from the person required to con- form to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the no- tice and order. SECTION 703 — INTERFERENCE WITH REPAIR OR DEMOLITION WORK PROHIBITED No person shall obstruct, impede or interfere with any officer, em- ployee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursant to the provisions of this code, whenever such officer, employee, contractor or autho- rized representative of this jurisdiction, person 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, pursant to the provisions of this code, or in per- forming any necessary act preliminary to or incidental to such work or authorized or directed pursant to this code. 13 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS'" INTERNATIONAL CODE COUNCH? First Printing: March 1997 Second Printing: March 2005 Third Printing: April 2007 Fourth Printing. April 2008 Fifth Printing: August 2009 ISSN 0896 -971X ISBN 1- 884590 -76 -4 COPYRIGHT © 1994,1995, 1996,1997 by Intemational Code Council 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001 1- 888 -ICC -SAFE PRINTED IN TI IE U.S.A. Preface The provisions of this code were developed to afford jurisdictions reasonable procedures for the classification and abatement of danger- ous buildings. This code is designed to be compatible with the Uniform BuildingCodeTM and the Uniform Housing Code-. While the Housing Code is applicable only to residential buildings, the Uniform Code for theAbatement ofDangerous BuildingsTM is designed to apply to all types of buildings and structures. The notices, orders and appeals procedures specified have been found to be workable and are referenced by the Uniform Building Code. If properly followed, the provisions of this code will provide the building official with the proper legal steps in abating dilapidated, defective buildings which endanger life, health, property and public safety within concepts of fair play and justice. CODES AND RELATED PUBLICATIONS The International Code Council (ICC) publishes a family of codes, each correlated with the Uniform Building Code– to provide jurisdictions with a complete set of building - related regulations for adoption. Reference materials and related codes also are available to improve knowledge of code enforcement and administration of building inspection programs. Publications and products are continu- ally being added, so inquiries should be directed to Conference headquarters for a listing of available products. Many codes and refer- ences are also available on CD -ROM or floppy disk. These are denoted by ( *). The following publications and products are available from ICC: CODES *Uniform Building Code, Volumes 1, 2 and 3. The most widely adopted model building code in the United States, the performance - based Uniform Building Code is a proven document, meeting the needs of government units charged with the enforcement of building regula- tions. Volume 1 contains administrative, fire- and life- safety and field inspection provisions; Volume 2 contains structural engineering design provisions; and Volume 3 contains material, testing and installation standards. *Uniform Mechanical Code -. Provides a complete set of require- ments for the design, construction, installation and maintenance of heating, ventilating, cooling and refrigeration systems; incinerators and other heat - producing appliances. International Plumbing Code –. Provides consistent and techni- cally advanced requirements that can be used across the country to pro- vide comprehensive regulations of modem plumbing systems. Setting minimum regulations for plumbing facilities in terms of performance objectives, the IPC provides for the acceptance of new and innovative products, materials and systems. International Private Sewage Disposal Code -. Provides flexibil- ity in the development of safety and sanitary individual sewage disposal systems and includes detailed provisions for all aspects of design, installation and inspection of private sewage disposal systems. International Mechanical Code –. Establishes minimum regula- tions for mechanical systems using prescriptive and performance- related provisions. It is founded on broad -based principles that make possible the use of new materials and new mechanical designs. Uniform Zoning Code –. This code is dedicated to intelligent com- munity development and to the benefit of the public welfare by provid- ing a means of promoting uniformity in zoning laws and enforcement. *Uniform Fire Code -, Volumes 1 and 2. The premier model fire code in the United States, the Uniform Fire Code sets forth provisions necessary for fire prevention and fire protection. Published by the International Fire Code Institute, the Uniform Fire Code is endorsed by the Western Fire Chiefs Association, the International Association of Fire Chiefs and ICBO. Volume 1 contains code provisions compatible with the Uniform Building Code, and Volume 2 contains standards ref- erenced from the code provisions. *Urban- Wildland Interface Code -. Promulgated by IFCI, this code regulates both land use and the built environment in designated ur- ban-wildland interface areas. This newly developed code is the only model code that bases construction requirements on the fire- hazard severity exposed to the structure. Developed under a grant from the Federal Emergency Management Agency, this code is the direct result of hazard mitigation meetings held after devastating wildfires. Uniform Housing Code –. Provides complete requirements affect- ing conservation and rehabilitation of housing. Its regulations are com- patible with the Uniform Building Code. Uniform Code for the Abatement of Dangerous Buildings -. A code compatible with the Uniform Building Code and the Uniform Housing Code which provides equitable remedies consistent with other laws for the repair, vacation or demolition of dangerous buildings. Uniform Sign Code -. Dedicated to the development of better sign regulation, its requirements pertain to all signs and sign construction attached to buildings. Uniform Administrative Code –. This code covers administrative areas in connection with adoption of the Uniform Building Code, Uniform Mechanical Code and related codes. It contains provisions which relate to site preparation, construction, alteration, moving, repair IV and use and occupancies of buildings or structures and building service equipment, including plumbing, electrical and mechanical regulations. The code is compatible with the administrative provisions of all codes published by the Conference. Uniform Building Security Code -. This code establishes mini- mum standards to make dwelling units resistant to unlawful entry. It regulates swinging doors, sliding doors, windows and hardware in con- nection with dwelling units of apartment houses or one- and two- family dwellings. The code gives consideration to the concerns of police, fire and building officials in establishing requirements for resistance to bur- glary which are compatible with fire and life safety. Uniform Code for Building Conservation -. A building conserva- tion guideline presented in code format which will provide a communi- ty with the means to preserve its existing buildings while achieving appropriate levels of safety. It is formatted in the same manner as the Uniform Building Code, is compatible with other Uniform Codes, and may be adopted as a code or used as a guideline. Dwelling Construction under the Uniform Building Code -. Designed primarily for use in home building and apprentice training, this book contains requirements applicable to the construction of one - and two -story dwellings based on the requirements of the Uniform Building Code. Available in English or Spanish. Dwelling Construction under the Uniform Mechanical Code -. This publication is for the convenience of the homeowner or contractor interested in installing mechanical equipment in a one- or two- family dwelling in conformance with the Uniform Mechanical Code. Supplements to UBC and related codes. Published in the years be- tween editions, the Supplements contain all approved changes, plus an analysis of those changes. Uniform Building Code -1927 Edition. A special 60th anniversa- ry printing of the first published Uniform Building Code. One and Two Family Dwelling Code. Promulgated by ICC, this code eliminates conflicts and duplications among the model codes to achieve national uniformity. Covers mechanical and plumbing require- ments as well as construction and occupancy. Application and Commentary on the One and Two Family Dwelling Code. An interpretative commentary on the One and Two Family Dwelling Code intended to enhance uniformity of interpretation and application of the code nationwide. Developed by the three model code organizations, this document includes numerous illustrations of code requirements and the rationale for individual provisions. Model Energy Code. This code includes minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings. It is based on American Society of Heat- ing, Refrigeration and Air- conditioning Engineers Standard 90A -1980 and was originally developed jointly by ICBO, BOCA, SBCCI and the National Conference of States on Building Codes and Standards under a contract funded by the United States Department of Energy. The code is now maintained by ICC and is adopted by reference in the Uniform Building Code. National Electrical Code. The electrical code used throughout the United States. Published by the National Fire Protection Association, it is an indispensable aid to every electrician, contractor, architect, build- er, inspector and anyone who must specify or certify electrical installa- tions. TECHNICAL REFERENCES AND EDUCATIONAL MATERIALS Analysis of Revisions to the Uniform Codes-. An analysis of changes between the previous and new editions of the Uniform Codes is provided. Changes between code editions are noted either at the begin- ning of chapters or in the margins of the code text. *Handbook to the Uniform Building Code. The handbook is a completely detailed and illustrated commentary on the Uniform Build- ing Code, tracing historical background and rationale of the codes through the current edition. Also included are numerous drawings and figures clarifying the application and intent of the code provisions. Also available in electronic format. *Handbook to the Uniform Mechanical Code. An indispensable tool for understanding the provisions of the current UMC, the handbook traces the historical background and rationale behind the UMC provi- sions, includes 160 figures which clarify the intent and application of the code, and provides a chapter -by- chapter analysis of the UMC. *Uniform Building Code Application Manual. This manual discusses sections of the Uniform Building Code with a question -and- answer format, providing a comprehensive analysis of the intent of the code sections. Most sections include illustrative examples. The manual is in loose -leaf format so that code applications published in Building Standards magazine may be inserted. Also available in electronic format. *Uniform Mechanical Code Application Manual. As a compan- ion document to the Uniform Mechanical Code, this manual provides a comprehensive analysis of the intent of a number of code sections in an easy -to -use question- and - answer format. The manual is available in a loose -leaf format and includes illustrative examples for many code sections. *Uniform Fire Code Applications Manual. This newly developed manual provides questions and answers regarding UFC provisions. A comprehensive analysis of the intent of numerous code sections, the manual is in a loose -leaf format for easy insertion of code applications published in IFCI's Fire Code Journal. Quick- Reference Guide to the Occupancy Requirements of the 1997 UBC. Code requirements are compiled in this publication by occupancy groups for quick access. These tabulations assemble requirements for each occupancy classification in the code. Provisions, such as fire- resistive ratings for occupancy separations in Table 3 -13, exterior wall and opening protection requirements in Table 5 -A -1, and fire- resistive ratings for types of construction in Table 6 -A, are tabu- lated for quick reference and comparison. Plan Review Manual. A practical text that will assist and guide both the field inspector and plan reviewer in applying the code requirements. This manual covers the nonstructural and basic structural aspects of plan review. Field Inspection Manual. An important fundamental text for courses of study at the community college and trade or technical school level. It is an effective text for those studying building construction or architecture and includes sample forms and checklists for use in the field. Building Department Administration. An excellent guide for im- provement of skills in departmental management and in the enforce- ment and application of the Building Code and other regulations administered by a building inspection department. This textbook will also be a valuable aid to instructors, students and those in related profes- sional fields. Building Department Guide to Disaster Mitigation. This new, expanded guide is designed to assist building departments in develop- ing or updating disaster mitigation plans. Subjects covered include guidelines for damage mitigation, disaster - response management, immediate response, mutual aid and inspections, working with the media, repair and recovery policies, and public information bulletins. This publication is a must for those involved in preparing for and responding to disaster. Building Official Management Manual. This manual addresses the unique nature of code administration and the managerial duties of the building official. A supplementary insert addresses the budgetary and financial aspects of a building department. It is also an ideal resource for those preparing for the management module of the CABO Building Official Certification Examination. Legal Aspects of Code Administration. A manual developed by the three model code organizations to inform the building official on the le- gal aspects of the profession. The text is written in a logical sequence with explanation of legal terminology. It is designed to serve as a refresher for those preparing to take the legal module of the CABO Building Official Certification Examination. Illustrated Guide to Conventional Construction Provisions of the UBC. This comprehensive guide and commentary provides detailed explanations of the conventional construction provisions in the UBC, including descriptive discussions and illustrated drawings to convey the prescriptive provisions related to wood -frame construction. Introduction to the Uniform Building Code. A workbook that pro- vides an overview of the basics of the UBC. Uniform Building Code Update Workbook. This manual address- es many of the changes to the administrative, fire- and life - safety, and inspection provisions appearing in the UBC. UMC Workbook. Designed for independent study or use with instructor -led programs based on the Uniform Mechanical Code, this comprehensive study guide consists of 16 learning sessions, with the first two sessions reviewing the purpose, scope, definitions and admin- istrative provisions and the remaining 14 sessions progressively explor- ing the requirements for installing, inspecting and maintaining heating, ventilating, cooling and refrigeration systems. UBC Field Inspection Workbook. A comprehensive workbook for studying the provisions of the UBC. Divided into 12 sessions, this workbook focuses on the UBC combustible construction requirements for the inspection of wood - framed construction. Concrete Manual. A publication for individuals seeking an under- standing of the fundamentals of concrete field technology and inspec- tion practices. Of particular interest to concrete construction inspectors, it will also benefit employees of concrete producers, contractors, test- ing and inspection laboratories and material suppliers. Reinforced Concrete Masonry Construction Inspector's Hand- book. A comprehensive information source written especially for ma- sonry inspection covering terminology, technology, materials, quality control, inspection and standards. Published jointly by ICBO and the Masonry Institute of America. You Can Build It! Sponsored by ICBO in cooperation with CABO, this booklet contains information and advice to aid "do- it- yourselfers" with building projects. Provides guidance in necessary procedures such as permit requirements, codes, plans, cost estimation, etc. Guidelines for Manufactured Housing Installations. A guideline in code form implementing the Uniform Building Code and its compan- ion code documents to regulate the permanent installation of a man- ufactured home on a privately owned, nonrental site. A commentary is included to explain specific provisions, and codes applying to each component part are defined. Accessibility Reference Guide. This guide is a valuable resource for architects, interior designers, plan reviewers and others who design and enforce accessibility provisions. Features include accessibility require- ments, along with detailed commentary and graphics to clarify the pro- visions; cross- references to other applicable sections of the UBC and the Americans with Disabilities Act Accessibility Guidelines; a check- list of UBC provisions on access and usability requirements; and many other useful references. Educational and Technical Reference Materials. The Conference has been a leader in the development of texts and course material to assist in the educational process. These materials include vital informa- tion necessary for the building official and subordinates in carrying out their responsibilities and have proven to be excellent references in con- nection with community college curricula and higher -level courses in the field of building construction technology and inspection and in the administration of building departments. Included are plan review checklists for structural, nonstructural, mechanical and fire -safety pro- visions and a full line of videotapes and automated products. V TABLE OF CONTENTS Chapter 1 Title and Scope ......................... 1 Section 101 Title .............................. 1 Section 102 Purpose and Scope .................. 1 Section 103 Alterations, Additions and Repairs ...... 1 Chapter 2 Enforcement ........................... 3 Section 201 General ........................... 3 Section 202 Abatement of Dangerous Buildings ..... 3 Section 203 Violations ......................... 3 Section 204 Inspection of Work .................. 3 Section 205 Board of Appeals .................... 3 Chapter 3 Definitions ............................. 5 Section 301 General ........................... 5 Section 302 Dangerous Building .................. 5 Chapter 4 Notices and Orders of Building Official ..... 7 Section 401 General ........................... 7 Section 402 Recordation of Notice and Order ........ 7 Section 403 Repair, Vacation and Demolition ........ 7 Section 404 Notice to Vacate ..................... 8 Chapter 5 Appeal . ............................... 9 Section 501 General ........................... 9 Section 502 Effect of Failure to Appeal ............ 9 Section 503 Scope of Hearing on Appeal ........... 9 Section 504 Staying of Order under Appeal ......... 9 Chapter 6 Procedures for Conduct of Hearing Appeals . 11 Section 601 General ........................... 11 Section 602 Form of Notice of Hearing ............ 11 Section 603 Subpoenas ......................... 11 Section 604 Conduct of Hearing .................. 11 Section 605 Method and Form of Decision .......... 12 Chapter 7 Enforcement of the Order of the Building Official or the Board of Appeals ... 13 Section 701 Compliance ........................ 13 Section 702 Extension of Time to Perform Work ..... 13 Section 703 Interference with Repair or Demolition Work Prohibited .................... 13 Chapter 8 Performance of Work of Repair or Demolition 15 Section 801 General ........................... 15 Section 802 Repair and Demolition Fund ........... 15 Chapter 9 Recovery of Cost of Repair or Demolition ... 17 Section 901 Account of Expense, Filing of Report .... 17 Section 902 Notice of Hearing ................... 17 Section 903 Protests and Objections ............... 17 Section 904 Hearing of Protests .................. 17 Section 905 Personal Obligation or Special Assessment 17 Section 906 Contest ............................ 17 Section 907 Authority for Installment Payment of Assessments with Interest ............. 17 Section 908 Lien of Assessment .................. 17 Section 909 Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill ...... 17 Section 910 Filing Copy of Report with County Auditor ..................... 18 Section 911 Collection of Assessment: Penalties for Foreclosure ........................ 18 Section 912 Repayment of Repair and Demolition Fund............................. 18 vii 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 1 101 103 TITLE AND SCOPE SECTION 101 —TITLE The purpose of this code is not to create or otherwise establish or These regulations shall be known as the Uniform Code for the designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Abatement ofDangerous Buildings, maybe cited as such, and will code. be referred to herein as "this code." 102.2 Scope. The provisions of this code shall apply to all dan- gerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction. 102.1 Purpose. It is the purpose of this code to provide a just, eq- uitable and practicable method, to be cumulative with and in addi- tion to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or struc- tures 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. 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 Sec- tion 3403 of the Building Code. 1997 ABATEMENT OF DANGEROUS BUILDINGS 201 205.2 Chapter 2 ENFORCEMENT SECTION 201 — GENERAL 201.1 Administration. The building official is hereby autho- rized to enforce the provisions of this code. The building official shall have the power to render interpreta- tions 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. 201.2 Inspections. The health officer, the fire marshal and the building official are hereby authorized to make such inspections and take such actions as maybe required to enforce the provisions of this code. 201.3 Right of Entry. When it is necessary to make an inspec- tion to enforce the provisions of this code, or when the building official or the building official's authorized representative has rea- sonable 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 per - sons having charge or control of the building or premises and re- quest 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 Section 201.2 and their authorized inspection personnel. SECTION 202 — ABATEMENT OF DANGEROUS BUILDINGS All buildings or portions thereof which are determined after in- spection 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 accord- ance with the procedure specified in Section 401 of this code. SECTION 203 — 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 struc- ture or cause or permit the same to be done in violation of this code. SECTION 204 — 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 sub- ject to inspection by the building official in accordance with and in the manner provided by this code and Sections 108 and 1701 of the Building Code. SECTION 205 — BOARD OF APPEALS 205.1 General. In order to hear and decide appeals of orders, de- cisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters per- taining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be ap- pointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its busi- ness and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regula- tions adopted by the board shall be delivered to the building offi- cial, who shall make them freely accessible to the public. 205.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of this code. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 3 DEFINITIONS SECTION 301 — GENERAL For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chap- ter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary ac- cepted meanings within the context with which they are used. Webster's Third New International Dictionary of theEnglishLan- guage, Unabridged, copyright 1986, shall be construed as provid- ing 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 mas- culine. BUILDING CODE is the Uniform Building Code promul- gated by the International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. 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 condi- tions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered. 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 pan- ic. 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, wom, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 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 Building Code for new buildings of similar structure, purpose or location. 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 Building Code for new buildings of similar structure, purpose or location. 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. 6. Whenever any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof is not of suffi- cient 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 Building Code for new buildings of similar structure, purpose or location without exceeding the work- ing stresses permitted in the Building Code for such buildings. 301 302 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. 8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty con- struction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such build- ing; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 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. 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. 11. Whenever the building or structure, exclusive of the foun- dation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterio- ration of its nonsupporting members, enclosing or outside walls or coverings. 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 (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing un- lawful or immoral acts. 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 Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire- resisting qualities or characteristics, or (iii) 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. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is deter- mined by the health officer to be unsanitary, unfit for human habi- tation or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire - resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is de- termined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in eq- uity jurisprudence. 302 18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or struc- ture or whenever any building or structure is abandoned for a peri- od in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. 1997 ABATEMENT OF DANGEROUS BUILDINGS 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 4 NOTICES AND ORDERS OF BUILDING OFFICIAL SECTION 401 — GENERAL 401.1 Commencement of Proceedings. When the building of- ficial 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 re- pair, vacation or demolition of the building. 401.2 Notice and Order. The building official shall issue a no- tice and order directed to the record owner of the building. The no- tice and order shall contain: 1. The street address and a legal description sufficient for iden- tification of the premises upon which the building is located. 2. A statement that the building official has found the building to be dangerous with a brief and concise description of the condi- tions found to render the building dangerous under the provisions of Section 302 of this code. 3. A statement of the action required to be taken as determined by the building official. 3.1 If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed with- in such time as the building official shall determine is reasonable under all of the circumstances. 3.2 If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable. 3.3 If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all re- quired permits be secured therefor within 60 days from the date of the order; and that the demolition be com- pleted within such time as the building official shall de- termine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the board of ap- peals, provided the appeal is made in writing as provided in this code and filed with the building official within 30 days from the date of service of such notice and order; and (ii) that failure to ap- peal will constitute a waiver of all right to an administrative hear- ing and determination of the matter. 401.3 Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the 401 403 building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encum- brance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the build- ing official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty orobligation imposed by the provisions of this section. 401.4 Method of Service. 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 their ad- dress as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not af- fect the validity of any proceedings taken under this section. Serv- ice by certified mail in the manner herein provided shall be effective on the date of mailing. 401.5 Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting serv- ice, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official. SECTION 402 — RECORDATION OF NOTICE AND ORDER If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a cer- tificate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so noti- fied. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it 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 re- corder certifying that the building has been demolished or all re- quired corrections have been made so that the building is no longer dangerous, whichever is appropriate. SECTION 403 — REPAIR, VACATION AND DEMOLITION The following standards shall be followed by the building official (and by the board of appeals if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or struc- ture: 1. Any building declared a dangerous building under this code shall be made to comply with one of the following: 1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or 1.2 The building shall be demolished at the option of the building owner; or 7 403 404.2 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. SECTION 404 — NOTICE TO VACATE 404.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 401.3, be posted at or upon each exit of the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official .......of....... 1997 ABATEMENT OF DANGEROUS BUILDINGS 404.2 Compliance. Whenever such notice is posted, the build- ing official shall include a notification thereof in the notice and order issued under Section 401.2, reciting the emergency and specifying the conditions which necessitate the posting. No per- son shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or re- move such building under permit. No person shall remove or de- face any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 5 APPEAL SECTION 501 — GENERAL 501.1 Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal containing: 1. A heading in the words: "Before the board of appeals of the .......... of ........... 2. A caption reading: "Appeal of ........... giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the re- lief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the ap- peal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 404, such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. 501 504 501.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. 501.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the board of ap- peals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall not be 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 given at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mail- ing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. SECTION 502 — EFFECT OF FAILURE TO APPEAL Failure of any person to file an appeal in accordance with the pro- visions of Section 501 shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof. SECTION 503 — SCOPE OF HEARING ON APPEAL Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. SECTION 504 — STAYING OF ORDER UNDER APPEAL Except for vacation orders made pursuant to Section 404, en- forcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 6 PROCEDURES FOR CONDUCT OF HEARING APPEALS SECTION 601 — GENERAL 601.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision. 601.2 Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board. 601.3 Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. 601.4 Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter re- mains before the examiner. 601.5 Oaths — Certification. In any proceedings under this chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. 601.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter be- fore it. Due regard shall be shown for the convenience and neces- sity of any parties or their representatives. SECTION 602 — FORM OF NOTICE OF HEARING The notice to appellant shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before (the board of appeals or name of hearing examiner) at ........... on the........... day of ............ 19 ........ at the hour ......... , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross -ex- amine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (board of appeals or name of hearing ex- aminer)." SECTION 603 — SUBPOENAS 603.1 Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of wit- nesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be ob- tained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired 601 604.7.2 things in possession or under control. A subpoena need not be is- sued when the affidavit is defective in any particular. 603.2 Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner. 603.3 Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misde- meanor. SECTION 604 — CONDUCT OF HEARING 604.1 Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 604.2 Oral Evidence. Oral evidence shall betaken only on oath or affirmation. 604.3 Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 604.4 Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible per- sons are accustomed to rely in the conduct of serious affairs, re- gardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 604.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. 604.6 Rights of Parties. Each party shall have these rights, among others: 1. To call and examine witnesses on any matter relevant to the issues of the hearing; 2. To introduce documentary and physical evidence; 3. To cross - examine opposing witnesses on any matter rele- vant to the issues of the hearing; 4. To impeach any witness regardless of which party first called the witness to testify; 5. To rebut the evidence; and 6. To be represented by anyone who is lawfully permitted to do SO. 604.7 Official Notice. 604.7.1 What maybe noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or depart- ments and ordinances of the city or rules and regulations of the board. 604.7.2 Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended there- to. 11 604.7.3 605.8 604.7.3 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence orby written or oral presen- tation of authority, the manner of such refutation to be determined by the board or hearing examiner. 604.7.4 Inspection of the premises. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present dur- ing the inspection, and (iii) the board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner. SECTION 605 — METHOD AND FORM OF DECISION 605.1 Hearing before Board Itself. When a contested case is heard before the board itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision. 605.2 Hearing before Examiner. If a contested case is heard by a hearing examiner alone, the examiner shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examin- er's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be ad- opted by the board as its decision in the case. All examiner's re- ports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board. 12 1997 ABATEMENT OF DANGEROUS BUILDINGS 605.3 Consideration of Report by Board — Notice. The board shall fix the time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each in- terested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of the parties. 605.4 Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written excep- tions to any part or all of the examiner's report and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the board, any party may present oral argument to the board. 605.5 Disposition by the Board. The board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision. 605.6 Proposed Decision Not Adopted. If the proposed deci- sion is not adopted as provided in Section 605.5, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a report and proposed decision as provided in Section 605.2 hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section. 605.7 Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues pre- sented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested. 605.8 Effective Date of Decision. The effective date of the de- cision shall be as stated therein. 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 7 ENFORCEMENT OF THE ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF APPEALS SECTION 701 — COMPLIANCE 701.1 General. After any order of the building official or the board of appeals made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, ne- glect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. 701.2 Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant to this code has be- come final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Section 701.1 or (ii) in- stitute any appropriate action to abate such building as a public nuisance. 701.3 Failure to Commence Work. Whenever the required re- pair or demolition is not commenced within 30 days after any fi- nal notice and order issued under this code becomes effective: 1. 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: DANGEROUS BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official .......of....... 2. No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal or- dered by the building official have been completed and a certifi- cate of occupancy issued pursuant to the provisions of the Building Code. 3. The building official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dan- gerous as set forth in the notice and order; or, if the notice and or- 701 703 der required 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 demo- lition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawful- ly entitled thereto. SECTION 702 — EXTENSION OF TIME TO PERFORM WORK Upon receipt of an application from the person required to con- form to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the no- tice and order. SECTION 703 — INTERFERENCE WITH REPAIR OR DEMOLITION WORK PROHIBITED No person shall obstruct, impede or interfere with any officer, em- ployee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursant to the provisions of this code, whenever such officer, employee, contractor or autho- rized representative of this jurisdiction, person 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, pursant to the provisions of this code, or in per- forming any necessary act preliminary to or incidental to such work or authorized or directed pursant to this code. 13 1997 ABATEMENT OF DANGEROUS BUILDINGS Chapter 8 PERFORMANCE OF WORK OF REPAIR OR DEMOLITION SECTION 801 — GENERAL 801.1 Procedure. When any work of repair or demolition is to be done pursuant to Section 701.3, Item 3, of this code, the build- ing official shall issue an order therefor to the director of public works and the work shall be accomplished by personnel of this ju- risdiction or by private contract under the direction of said direc- tor. Plans and specifications therefor may be prepared by said director, or the director may employ such architectural and engi- neering assistance on a contract basis as deemed reasonably nec- essary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed. 801.2 Costs. The cost of such work shall be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obliga- tion of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate. 801 802.2 SECTION 802 — REPAIR AND DEMOLITION FUND 802.1 General. The legislative body of this jurisdiction shall es- tablish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the director of public works to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings. 802.2 Maintenance of Fund. The legislative body may at any time transfer to the repair and demolition fund, out of any money in the general fund of this jurisdiction, such sums as it may deem necessary in order to expedite the performance of the work of re- pair or demolition, and any sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction who shall credit the same to the repair and demolition fund. 15 1997 ABATEMENT OF DANGEROUS BUILDINGS 901 909 Chapter 9 RECOVERY OF COST OF REPAIR OR DEMOLITION SECTION 901 — ACCOUNT OF EXPENSE, FILING OF REPORT The director of public works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 701.3, Item 3, of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3. SECTION 902 — NOTICE OF HEARING Upon receipt of said report, the clerk of this jurisdiction shall pre- sent it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date and place for hearing said report and any protests or objections there- to. The clerk of this jurisdiction shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the clerk. Such notice shall be given at least 10 days prior to the date set for the hearing and shall specify the day, hour and place when the legislative body will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. SECTION 903 — PROTESTS AND OBJECTIONS Any person interested in or affected by the proposed charge may file written protests orobjections with the clerk of this jurisdiction at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protest or objection the date of re- ceipt. The clerk shall present such protests or objections to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered. SECTION 904 — HEARING OF PROTESTS Upon the day and hour fixed for the hearing, the legislative body of this jurisdiction shall hear and pass upon the report of the direc- tor together with any such objections or protests. The legislative body may make such revision, correction or modification in the report or the charge as it may deem just; and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legisla- tive body of this jurisdiction on the report and the charge, and on all protests or objections, shall be final and conclusive. SECTION 905 — PERSONAL OBLIGATION OR SPECIAL ASSESSMENT 905.1 General. The legislative body of this jurisdiction may thereupon order that said charge shall be made a personal obliga- tion of the property owner or assess said charge against the prop- erty involved. 905.2 Personal Obligation. If the legislative body of this juris- diction orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use of all appro- priate legal remedies. 905.3 Special Assessment. If the legislative body of this juris- diction orders that the charge shall be assessed against the proper- ty, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall con- stitute a special assessment against and a lien upon the property. SECTION 906 — CONTEST The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 30 days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be per- fected within 30 days after the entry of such judgment. SECTION 907 —AUTHORITY FOR INSTALLMENT PAYMENT OF ASSESSMENTS WITH INTEREST The legislative body of this jurisdiction, in its discretion, may de- termine that assessments in amounts of $500.00 or more shall be payable in not to exceed five equal annual installments. The legis- lative body's determination to allow payment of such assess- ments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment. SECTION 908 — LIEN OF ASSESSMENT 908.1 Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assess- ments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. 908.2 Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall be- come delinquent and shall bear interest at the rate of 7 percent per annum from and after said date. SECTION 909 — REPORT TO ASSESSOR AND TAX COLLECTOR: ADDITION OF ASSESSMENT TO TAX BILL After confirmation of the report, certified copies of the assess- ment shall be given to the assessor and the tax collector for this 17 909 912 jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal pur- poses. SECTION 910 — FILING COPY OF REPORT WITH COUNTY AUDITOR If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor on or before Au- gust 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year. SECTION 911 — COLLECTION OF ASSESSMENT- PENALTIES FOR FORECLOSURE The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected 18 1997 ABATEMENT OF DANGEROUS BUILDINGS and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordi- nary property taxes in successive years. If any installment is de- linquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes. SECTION 912 — REPAYMENT OF REPAIR AND DEMOLITION FUND All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the treasurer of this jurisdiction, who shall credit the same to the re- pair and demolition fund.