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(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]
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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)
Any person who resides in or occupies premises that have been condemned by the Director pursuant to this Chapter is guilty of a misdemeanor. Occupants shall immediately vacate such premises until all repairs and alterations required by the Director shall have been made.
(Added 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. 10927 (N.S.), effective 1-10-25)
(a) The owner or tenant of any premises condemned and ordered to be vacated by the Director may file an appeal as specified in Chapter 1 of Division 6 of Title 1 of this code (Sections 16.101 and following) within five days of the date of the order. The Director's determination concerning tenant relocation benefits may be appealed in the same manner. An appeal shall not stay the Director's order or determination.
(b) Where an owner or tenant appeals, notice of the hearing shall be provided to the owner by the Clerk of the Board, and shall be provided by the Director to all persons known to the Director to claim to be tenants. Regardless of who appeals, both the owner and the tenant(s) may participate in the proceeding as parties.
(c) Where a condemnation and order to vacate is appealed, the hearing officer may determine whether the Director's determination that there was an immediate threat to health and safety was unreasonable when made, whether an immediate threat to health and safety exists as of the date of the hearing, and whether the condemnation shall be lifted or the order to vacate delayed to avoid extreme hardship to the owner or tenants.
(d) Where a determination concerning tenant relocation benefits is appealed, the hearing officer may determine whether the persons identified by the Director as tenants were tenants, whether each tenant was displaced by the Director's order, whether the Director's determinations concerning tenant eligibility and owner liability were consistent with the State Housing Law and whether the Director's determination concerning the number of bedrooms in the residence was consistent with Section 69.108(c). In making these determinations the hearing officer may consider all relevant evidence, whether or not that evidence was available to or considered by the Director at the time the Director's determinations were made.
(e) An owner appealing the Director's determination that tenant relocation benefits should be paid, or an owner or tenant seeking a delay in an order to vacate based on extreme hardship, may waive the timelines for scheduling hearings specified in Section 16.103 of the County Code, and may request that a hearing be held and a decision rendered within 10 days after the date the order to vacate was first mailed and posted. However, the timing of the appeal hearing and decision shall not affect the owner's liability for failure to make timely payment of benefits pursuant to Section 17957.3 of the Health and Safety Code.
(f) A failure to pay relocation benefits that are not appealed or that are upheld after an appeal is a violation of this Code, and is subject to the administrative remedies provided in Chapter 2 of Division 8 of Title 1 of this Code (sections 18.201 and following).
(Added 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. 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) Conditions which the Director identifies as an immediate threat to the health and safety of tenants or the public must be corrected on the reasonable and feasible timeline specified by the Director pursuant to Section 69.107(b).
(b) For any other conditions called out in the Order issued by the Director for which the Director has not specified a timeline for repairs, the property owner shall have 60 days to obtain permits to commence with repair, rehabilitation, demolition, or removal.
(c) If the building or portion thereof is not repaired, rehabilitated, demolished, or removed within the time specified by the Director or by subsection (b) above, the Director or another County official may take any further action authorized by the State Housing Law or by this Code.
(Added by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)