A. Commencement Of Proceedings: When the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the building official may commence proceedings to cause the repair, vacation or demolition of the building.
B. Notice And Order: The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
1. The street address and a legal description sufficient for identification 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 conditions found to render the building dangerous under the provisions of subsection 9-1-805B of this chapter.
3. A statement of the action(s) required to be taken as determined by the building official.
a. 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 within such time as the building official shall determine is reasonable under all of the circumstances.
b. 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.
c. 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 required permits be secured therefor within sixty (60) days from the date of the order; and that the demolition be completed within such time as the building official shall determine 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: a) will order the building vacated and posted to prevent further occupancy until the work is completed, and b) may proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. Statements advising: a) 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 director of building and safety to the hearing officer, provided the appeal is made in writing as provided in this code and filed with the director of building and safety within thirty (30) days from the date of service of such notice and order; and b) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
C. 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 building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building 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.
D. 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 address 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 affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
E. 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 service, 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.
F. 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 may file in the office of the county recorder a certificate describing the property and certifying: 1) that the building is a dangerous building and 2) that the owner has been so notified. 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 recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.
G. Repair, Vacation And Demolition: The following standards shall be followed by the director of building and safety in ordering the repair, vacation or demolition of any dangerous building or structure:
1. Any building declared a dangerous building under this code shall be made to comply with one of the following:
a. The building shall be repaired in accordance with the current technical codes; or
b. The building shall be demolished at the option of the building owner; or
c. 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.
d. If a building is vacated and secured against entry indicated in subsection G1c of this section, the entire premises where such building is located shall be maintained in accordance with the provisions of title 5, chapter 7 of the Beverly Hills municipal code. Unless otherwise approved by the building official, the repairs or demolition of such building shall be commenced within a period not exceeding ninety (90) days from its vacation, unless the building official authorizes a longer period in writing of cause. If the repairs or demolition are not commenced as indicated, the building shall then be considered a public nuisance and be abated as provided for in the provision of section 5-7-8 of the Beverly Hills municipal code.
2. If the building or structure, or portion thereof, 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 and then be repaired or demolished as indicated in subsection G1d of this section. The emergency powers set forth in subsection 9-1-105N of this chapter shall apply in such instances.
H. Notice To Vacate:
1. Notice: Every notice to vacate shall, in addition to being served as provided in this section, be posted at or upon each exit of the building and shall be in substantially the following form:
ORDER TO VACATE/ORDER TO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice, or to violate an Order to Vacate and/or Order to Not Enter.
Building Official
City of Beverly Hills
2. Compliance: Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under subsection B of this section, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted. The building official may, prior to a rescission of an order to vacate and/or an order to not enter, authorize persons in writing to enter such premises for the purpose of abating dangerous or unlawful conditions therein, and to impose conditions on such entries. No person shall remove or deface 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. No person shall violate an order to vacate and/or an order to not enter, or any condition of an authorized entry. (Ord. 16-O-2719, eff. 1-20-2017)