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(a) Substandard, illegal or unpermitted conditions, and related threats to the health or safety of children or adults, may also be addressed as otherwise authorized by law. The expedited administrative procedures established by this chapter are in addition to other remedies and penalties provided by law.
(b) When the expedited procedures provided in this chapter are available to address one or more substandard conditions at a rental residence or its lot, other substandard conditions at that residence may also be addressed in notices and orders issued pursuant to this procedure, but with appropriately modified time frames for corrective action.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The following definitions shall apply to this chapter:
"Department" means the Department of Environmental Health and Quality.
"Director" means the Director of Environmental Health.
"Residence" means any dwelling unit, guest room or suite of rooms that is subject to the State Housing Law.
"Substandard condition" means a condition described in Section 17920.3 of the Health and Safety Code (i.e., the State Housing Law).
"Unsanitary condition" means a condition inside a building or mobilehome that exposes occupants to unconfined sewage, or the presence of sewage or greywater at the soil surface outdoors.
"Wiring" means all parts and components of the electrical system in a residence.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10578 (N.S.), effective 12-13-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) The Director may find that any of the following substandard conditions or a combination thereof is so extensive and of such a nature that the immediate health and safety of the tenants in the rental residence is endangered:
(1) Inadequate sanitation or an unsanitary condition.
(2) Continued reliance on a defective or failed sewage system that has caused an unsanitary condition within the prior 30 days.
(3) A lack of potable piped water, unless the water supply to the residence has been shut off due to nonpayment by a tenant obligated under a written lease to pay for water. "Potable piped water" does not include water hauled to the site.
(4) Hazardous wiring, including any wiring that poses an increased risk of fire or of electrical shock because it is substandard.
(5) Structural hazards that pose a risk of collapse.
(6) Leaking or substandard gas plumbing.
(b) The Director may find that any unsanitary condition that is a public nuisance constitutes an immediate threat to the health and safety of the public.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Where the Director finds pursuant to Section 69.104(a) that the immediate health and safety of the tenants in a rental residence is endangered, the Director may condemn the premises, order that the premises be immediately vacated, and order the owner to arrange for the immediate vacation of the premises. The Director shall also provide notice of required repairs as set out in Section 69.107, to address any endangerment to the tenants and any threat to public health and safety.
(b) In lieu of requiring immediate vacation, the Director may proceed as described in Section 69.106 of this code.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Where the Director finds pursuant to Section 69.104(b) that there is an immediate threat to the health and safety of the public due to unsanitary conditions, and determines that those conditions must be corrected within 30 days to protect public health and safety, or where the director elects to do so pursuant to Section 69.105(b), the Director may issue a Notice and Order to the property owner requiring prompt correction or abatement of the substandard condition or conditions that create a threat to health and safety.
(b) Any such order shall require the owner to make an election, pursuant to Section 17980 of the Health and Safety Code, to repair or demolish the residence. For repairs needed to abate the immediate threat to public health and safety, a deadline for making that election, not more than five days after notice of the order, shall be specified in the order. Any such order shall also require the owner to initiate corrective action by applying for any required County permits by a specified date not more than five days after notice of the order. The Director shall also provide notice of required repairs and a schedule for repairs as set out in Section 69.107.
(c) If an owner fails to comply with an order issued pursuant to subsection (a) of this section, and if the endangerment to the tenants or the immediate threat to public health and safety addressed by that order would be abated or reduced if the residence or commercial building were vacated, the Director may at any time condemn the premises, order the occupants of the residence or other building to immediately vacate the premises, and order the owner to arrange for the immediate vacation of the premises. For purposes of this subsection, failure to comply with an order includes failure to elect to repair or demolish within five days or as specified in the order, failure to initiate corrective action as specified in the order, or failure to make progress on repairs or to complete repairs according to a reasonable and feasible schedule specified by the Director as set out in Section 69.107.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) When the Director issues an order pursuant to Section 69.105 or 69.106, the Directors shall at the same time or as soon thereafter as is feasible provide reasonable notice to the owner of the repairs and alterations required to correct the conditions addressed in the order. If the order requires the correction of any code violations that did not endanger occupants or pose a threat to public health, safety or welfare, the notice of required repair shall separately identify those lower priority repairs and alterations.
(b) When the Director provides a notice of required repairs, the Director shall at the same time or as soon thereafter as is feasible set out a reasonable and feasible schedule for expeditious repair, which shall become a part of the previously issued order.
(c) Onsite wastewater treatment system repairs and electrical and gas repair work that requires a permit shall not be undertaken until the required permit or permits have been issued by the County.
(d) Condemned premises may not be reoccupied until all repairs ordered pursuant to subsection (a) have been completed, and inspected and approved by the Director.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) If the Director orders vacation of a tenant occupied residence after finding that the substandard conditions at the residence are so extensive and of such a nature that the immediate health and safety of the residents is endangered, the Director shall determine the eligibility of the tenants for relocation benefits pursuant to Sections 17975 to 17975.10 of the Health and Safety Code.
(b) If the Director determines that the tenants are eligible for relocation benefits, the Director shall calculate the benefit amount at issue and shall provide notice to the owner and tenants as specified in Section 17975.1 of the Health and Safety Code. If the Director determines that the tenants are not eligible for relocation benefits, the Director shall provide notice of that determination to the owner and tenants, including a brief statement of the reasons for that determination.
(c) For purposes of Section 17975.1 of the Health and Safety Code, any bedroom included in permits or plans for the residence submitted to the County at any time shall be counted as a bedroom regardless of the current use of that space. In addition, any space added to a residence by the current owner or a prior owner without permits that is in actual use as a bedroom, and any space converted for use as a bedroom by the owner or a prior owner, with or without permits, shall be counted as a bedroom.
(d) The Director shall not advance relocation payments to tenants.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) When rented premises have been condemned and the Director has determined that the immediate health and safety of the residents is endangered, or where any other premises are condemned and the Director has determined that there is an immediate threat to public health or safety, the Director shall place or cause to be placed thereon a placard reading as set out below.
WARNING
THESE PREMISES HAVE BEEN CONDEMNED AS BEING AN IMMEDIATE THREAT TO THE HEALTH AND SAFETY OF RESIDENTS OR THE PUBLIC. IT IS UNLAWFUL FOR ANY PERSON TO RESIDE IN OR OCCUPY THIS BUILDING. THIS NOTICE IS EFFECTIVE IMMEDIATELY.
[signature]
____________________________________
Director of Environmental Health
(b) The Director shall provide separate written notice to the tenant occupying the premises if there is a tenant, and to the owner or his agent, that the property is ordered condemned and that the order to vacate and (where applicable) the determination of the Director concerning tenant relocation benefits may be appealed within five days as set out in Section 69.112. The notice shall state that an appeal will not stay the order or the determination of the Director. Notice to an owner who is not the occupant of the premises may be provided by mail to the owner's address as listed in County records for the parcel.
(Amended by Ord. No. 5499 (N.S.), effective 5-2-79; Ord. No. 5502 (N.S.), adopted 5-8-79, effective 6-7-79, supersedes Ord. No. 5499; amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 9665 (N.S.), effective 8-14-04; amended by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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