A. Hazardous conditions exist when the state of any natural ground, natural slope, excavation, fill or drainage device, which exist on private property, is a menace to life or limb, or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures or public facilities.
B. The city engineer may examine or cause to be examined every condition reported as hazardous as set forth in subsection (A) of this section.
C. Notice of Hazardous Condition. In any case where a hazardous condition is found by the city official, he shall give notice, setting forth the finding to all owners of the property affected by the hazardous condition, authorized representative of the owners or a permittee under any active permit which gives permittee control of the property issued pursuant to this code hereinafter referred to as “owner,” of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his option, and introduce such relevant evidence on the issues as he desires. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice(s), it shall be included in a subsequent notice.
D. Evidence. At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the city official or his designee, as hearing officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the hearing officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct the hazard.
Exception: Where city property or facilities are endangered by the hazardous condition found by the city official, at the request of the owner, the hearing may be held before a member of the grading board of appeals selected by the chairman of the board. The city official may appeal such hearing officer’s order as set forth in this section. Such hearing officer may not consider an appeal of the case as a member of the city council.
E. Order, Finality and Appeal. If the hearing officer determines the existence of a hazardous condition, he shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.
1. Finality of Order. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered in the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of said owner.
2. Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the hearing officer to the grading board of appeals of the city. The board shall fix a time and place and hold a hearing, consider the evidence and make a determination as set forth in Section 15.12.130 of this code. The order of the grading board of appeals shall be immediately final.
F. Completion of Work. The owner shall, following the finality of the determination and order of the hearing officer, or if appealed, the determination and order of the grading board of appeals, commence the corrective action ordered or preparation of reports and such work or submissions shall be completed within the specified time.
G. Failure to Complete. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the hearing officer or grading board of appeals within the specified time, the city engineer or building official may: (1) cause the work to be performed or reports to be prepared, or (2) advise the owner of the need for corrective work and warn him/her that in the absence of such corrective work subsequent future hazards may occur which could result in an order to vacate the premises or to withhold the permit to use or occupy such properties. Nothing in this subsection shall be construed to limit the type of remedy or relief which the city engineer or building official may have under any other provisions of law.
H. Costs. Costs incurred by the city to perform any corrective work or prepare reports under subsection G of this section, shall be charged to the owner. The city engineer or building official may apply to the city council to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.
I. Vacation of Property. If necessary, the notice and order in subsection C or E of this section shall include the requirement that the property, or portion thereof or sites thereto adjacent to be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.
The city engineer or building inspector shall cause the property to be posted at conspicuous locations with a notice containing at least the following:
UNSAFE TO OCCUPY
DO NOT ENTER
Building Official, City Engineer,
City of Yucaipa
Date Posted ____________
The posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office or city official where additional information may be obtained.
Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the city official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.
J. Service of Notices. The notices and order required by subsections C and E of this section may be served either:
1. By mailing a copy by certified mail, return receipt requested, to the owner’s address as designated on papers, applications, or permits on file with the city official; or
2. By personally delivering a copy to the owner’s address as designated on papers, applications or permits on file with the city official; or
3. If the owner is absent from his place of residence and from his usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his place of residence; or
4. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge if any; and also sending a copy by certified mail, return receipt requested addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both. (Ord. 48, 1990)