Any building or structure or any portion thereof, including any dwelling unit, guest room, or suite of rooms, or the premises on which the same is located, in which there exists any of the following conditions to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building and a public nuisance:
(A) Inadequate sanitation. Inadequate sanitation shall include but not be limited to the following:
(1) Lack of or improper water closet, lavatory, bath tub or shower in a dwelling unit, lodging house or congregate residence.
(2) Lack of or improper water closets, lavatories, and bath tubs or showers per number of guests in a hotel.
(3) Lack of or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a hotel.
(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6) Lack of adequate heating facilities.
(7) Lack of or improper operation of required ventilating equipment.
(8) Lack of minimum amounts of natural light and ventilation required by the Eureka Municipal Code, the California Building Code, or any other code adopted by the City.
(9) Room and space dimension less than required by the Eureka Municipal Code, the California Building Code, or any other code adopted by the City. However, a condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration or conversion.
(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by City officials and/or the Health Officer.
(13) Visible mold growth, as determined by a health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14) General dilapidation or improper maintenance.
(15) Lack of connection to required sewage disposal system.
(16) Lack of adequate garbage and rubbish storage and removal facilities as determined by City officials and/or the Health Officer.
(B) Structural hazards. Structural hazards shall include but not be limited to the following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.
(5) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.
(C) Nuisances. Any nuisance as defined in this code, state law or common law.
(D) Hazardous wiring. Hazardous wiring includes all wiring not installed, maintained or used in conformance with the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, hazardous wiring shall not include wiring which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and is being used in a safe manner.
(E) Hazardous plumbing. Hazardous plumbing includes all plumbing not installed, maintained or used in conformance with the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, hazardous plumbing shall not include plumbing which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and which is free of cross- connections and siphonage between fixtures.
(F) Hazardous mechanical equipment. Hazardous mechanical equipment includes all mechanical equipment, including vents, not installed, maintained or used in conformance with the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, hazardous mechanical equipment shall not include mechanical equipment which conformed with all applicable laws in effect at the time of installation and which has been adequately maintained in a good and safe condition and is being used in a safe manner.
(G) Faulty weather protection. Faulty weather protection, which shall include, but not be limited to, the following:
(1) Deteriorated, crumbling or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other approved protective covering.
(4) Broken, rotted, split or buckled exterior wall coverings or roof coverings.
(H) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, vegetation, or act which, in the opinion of the Building Official or Fire Chief, is in or creates such a condition as to increase or which could cause an increase of the hazard or menace of fire or explosion, or provide a ready fuel to augment the spread and intensity of fire or explosion, or any thing or act which could obstruct, delay, hinder or interfere with the operations of the Fire Department or the egress of occupants in the event of fire, shall be deemed a fire hazard.
(I) Faulty materials of construction. Faulty materials of construction shall include all materials of construction except those which are specifically allowed or approved by Eureka Municipal Code, the California Building Code and any other code adopted by the City, and which have been adequately maintained in good and safe condition.
(J) Hazardous or unsanitary premises. Hazardous or unsanitary premises shall include those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions exist which, in the opinion of City officials or the Health Officer, constitute fire, health or safety hazards.
(K) Unsafe building. Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Eureka Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the City.
(L) Inadequate exits.
(1) Inadequate exits includes all buildings or portions thereof not provided with adequate exit facilities as required by the Eureka Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(2) When an unsafe condition exists through lack of or improper location of exits, additional exits may be required to be installed.
(M) Inadequate fire protection or firefighting equipment. Inadequate fire protection or firefighting equipment includes all buildings or portions thereof which are not provided with the fire resistive construction or fire extinguishing systems or equipment required by the Eureka Municipal Code, the California Building Code, the Uniform Fire Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, inadequate fire protection or fire fighting equipment shall not include those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire resistive integrity and fire extinguishing systems or equipment have occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.
(N) Inadequate structural resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Eureka Municipal Code, the California Building Code or any other code adopted by the City. Except as provided in any federal, state or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building which conformed with all applicable laws at the time of its construction and which has been adequately maintained in a good and safe condition and is being used in a safe manner.
(Ord. 680-C.S., passed 6-17-04; Am. Ord. 709-C.S., passed 3-6-07; Am. Ord. 865-C.S., passed 10-17-17; Am. Ord. 904-C.S., passed 10-6-20) Penalty, see § 150.151