CHAPTER 95B: DANGEROUS BUILDING ABATEMENT

Section

General Provisions

   95B.101   Purpose and scope

   95B.102   Alterations, additions and repairs

   95B.103   Definitions

   95B.104   Dangerous building defined

Enforcement

   95B.105   Enforcement

   95B.106   Declaration of nuisance

   95B.107   Violations

   95B.108   Violation notices and orders

   95B.109   Recordation of notice and order; removal of compliance

   95B.110   Repair, vacation and demolition

   95B.111   Notice to vacate

   95B.112   Inspection of work

Appeals

   95B.113   Appointment of the Indio Consolidated Appeals Board

   95B.114   Administrative appeal before the Indio Consolidated Appeals Board

   95B.115   Effect of failure to appeal

   95B.116   Scope of hearing of appeal

   95B.117   Staying of order under appeal

   95B.118   Procedure for hearing appeals

   95B.119   Form of notice of hearing

   95B.120   Conduct of hearing

   95B.121   Method and form of decision of the Indio Consolidated Appeals Board

   95B.122   Reserved

   95B.123   Enforcement of the order of the Enforcement Official and/or Indio Consolidated Appeals Board

   95B.124   Extension of time to perform work

Repair and Demolition

   95B.125   Interference with repair or demolition work prohibited

   95B.126   Performance of work, repair or demolition

   95B.127   Recovery of cost

   95B.128   Lien against property for repair or demolition of building

   95B.129   Alternative actions

   95B.130   Misdemeanors prosecuted as infractions

Cross-reference:

   Consolidated Appeals Board, see § 95.01

GENERAL PROVISIONS

§ 95B.101 PURPOSE AND SCOPE.

   (A)   It is the purpose of this chapter to provide a just, equitable and practicable method by which:

      (1)   Buildings or structures, which irrespective of 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; and

      (2)   Provisions are made to protect buildings or structures from vandalism, burglary, or other unlawful acts.

This chapter is based upon the 1994 Edition of the Uniform Code for the Abatement of Dangerous Buildings and meant to be cumulative with and in addition to any other remedy provided by the building or housing codes or otherwise available at law.

   (B)   These provisions shall apply to all dangerous buildings as defined in § 95B.104 which are now in existence or which may hereafter become dangerous.

(Ord. 1226, passed 8-5-98)

§ 95B.102 ALTERATIONS, ADDITIONS AND REPAIRS.

   All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the administrative part of the current referenced codes of Chapter 151 of the Municipal Code which are applicable to existing buildings and structures.

(Ord. 1226, passed 8-5-98)

§ 95B.103 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ABATE. To remove the source of the public nuisance either by correcting specific problems or by removal from public view.

   ABATEMENT COSTS. Also referred to as COSTS OF ABATEMENT and ADMINISTRATIVE COSTS. They include all costs and expenses incurred by the city in abating a public nuisance. Such costs include, but are not limited to, the following: the actual expenses and costs to the city in the preparation of notices, specification and contracts; inspection of the work; any attorneys’ fees expended in the abatement of the nuisance, through civil action or otherwise; all costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and all costs or expenses to which the city may be entitled pursuant to Cal. Health and Safety Code § 520 and other statutory entitlements. ABATEMENT COSTS shall begin to accrue at the time the city first receives a complaint regarding a problem on the property.

   ABATEMENT HEARING. The administrative appeal before the Board of Appeals after issuance of a Notice to Abate by an Enforcement Official.

   APPLICABLE STATE CODE. Any state law which protects the health, safety or welfare of the citizens of the city.

   BOARD OF APPEALS. The three member board appointed by the City Manager, designated to hear administrative appeals under this chapter.

   BUILDING CODE. The Uniform Building Code promulgated by the International Conference of Building Officials and currently adopted by ordinance.

   BUILDING OFFICIAL. The Building Official of the city or that individual qualified to determine if a violation of this code exists, designated by the city or the City Manager to abate specific instances of dangerous buildings or conduct special assignments as directed by the City Council or the City Manager.

   CITY MANAGER. The City Manager of the city of Indio.

   ENFORCEMENT OFFICIAL. The City Manager, the Building Official, the Chief of Police and any employee or agent of the city so designated by them and charged with enforcing the Municipal Code of the city or applicable state codes.

   INTERESTED PARTY. The owner, legal occupant, or holder of a recorded interest of a property subject to a Notice or Order to Abate.

   NOTICE TO ABATE. That notice of a nuisance on the property and instructions to abate as ordered by an Enforcement Official upon the finding of a nuisance.

   ORDER TO ABATE. That order of the city to abate a nuisance after an Enforcement Official’s Notice to Abate is upheld by the City Manager or Hearing Officer at the abatement hearing.

   POLICE CHIEF. The Chief of the Indio Police Department.

   PUBLIC WORKS SUPERINTENDENT. The Public Works Superintendent of the city.

(Ord. 1226, passed 8-5-98; Am. Ord. 1611, passed 4-18-12)