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Home My WebLink About1994-01-18 - ORDINANCES - ABATEMENT HAZARDS DEBRIS (2)ORDINANCE NO. 94-OIE (EMERGENCY) AN URGENCY ORDINANCE OF THE CITY OF SANTA CLARITA ESTABLISHING THE SANTA CLARITA ABATEMENT PROGRAM FOR THE MITIGATION OF STRUCTURAL HAZARDS AND DEBRIS REMOVAL WHEREAS, conditions of peril to the safety of persons and property remain unabated since the earthquake that occurred on January 17, 1994, and WHEREAS, it is necessary to suspend any section of the Municipal Code that is inconsistent with the intent and purpose of this urgency ordinance; and WHEREAS, numerous structures within the City limits have suffered damage caused by the earthquake and continue to pose a threat to public safety due to structural defects or attractive nuisance; and WHEREAS, accumulated debris from damaged structures continues to pose a threat to public safety, and an attractive nuisance; and WHEREAS, said damaged structures and accumulated debris are continuing to deteriorate due to natural elements and the owners of these structures are in need of assistance in abatement or mitigation of such concerns; and WHEREAS, such damaged structures and debris may have a negative effect on business operations, business recovery, and property values; and WHEREAS, certain structures and accumulated debris are endangering pedestrian safety and encroach in public rights-of-way; NOW THEREFORE, THE CITY OF SANTA CLARITA DOES HEREBY ORDAIN - SECTION I - PURPOSE AND INTENT This Urgency Ordinance is intended to establish procedures and regulations for the abatement of structural hazards as a result of the earthquake that occurred on January 17, 1994, or the aftershocks that occurred subsequent to the earthquake (hereafter, "earthquake"). The purpose of the Urgency Ordinance is to provide for increased community safety through the abatement of hazardous structures (or conditions) caused by the earthquake. All reasonable efforts shall be made to not negatively impact restoration and reconstruction, and whenever possible, to effect actions consistent with building preservation and public safety. SECTION II - DEFINITIONS The Building Official shall inspect or cause to be inspected any structure suspected of being dangerous due to earthquake damage (posing a public threat or nuisance.) The Building Official shall make findings consistent with Sections 301 and 302 of the Uniform Code for the abatement of dangerous buildings (UCADB), 1991 Edition. The term "repair" may also include mitigation of dangerous conditions as deemed appropriate by the Building Official. Such actions that achieve the intent of this ordinance and mitigate hazards may include, without being limited to, bridge repair, the repair of portions of buildings, fencing, shoring, pedestrian walkway covers, and/or other items that wbuld address the findings of dangerous conditions. SECTION III -NOTICE AND ORDER The Building Official, upon finding conditions and defects sufficient to deem a building dangerous, shall issue a Notice and Order to the record owner of the building. The Notice and Order shall contain: 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section II. 3. A statement of the action required to be taken as determined by the Building Official. 4. A statement providing specified time limits to secure permits (as necessary) and commence work to satisfy required actions stated in #3. In no case shall the specified time be less than 20 days. 5. A statement advising (i) that any person having any record title or legal interest in the building may appeal from the Notice and Order or any action of the Building Official to the Board of Appeals (Planning Commission), provided that the appeal is made in writing and filed with the Building Official within 20 days from the date of service of such Notice and Order; and (ii) that failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. When a valid appeal is received, the City Clerk shall set a hearing date at the nest appropriate Planning Commission meeting which allows the notice of said hearing to be published in a newspaper of general circulation 10 days prior to the hearing. The Service of Notice and Order, Method of Service and Proof of Service, shall be in accordance with Section 401 (c through e) of the UCADB. SECTION IV - ENFORCEMENT Compliance (a) General. After any order of the Building Official or the board of Appeals made pursuant to this ordinance shall have become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (b) Failure to Commence Work. Whenever the required action is not commenced within 20 days after any final notice and order issued under this ordinance becomes effective, the Building Official may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided in Chapters 8 and 9 of the UCADB. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning from the lot, shall be paid over to the person or persons lawfully entitled thereto. SECTION V - DEBRIS REMOVAL General Eligibility A State of Emergency having been declared by the Governor of the State of California and upon determination by the City Manager that debris removal is necessary, the City of Santa Clarita may provide assistance for the removal of debris and wreckage from publicly and privately owned lands and waters; and 2. For purposes of this program, the removal of debris from private property is justified when there is an immediate threat to public health and safety. In a case where debris removal from private property is authorized by the City Manager, the following requirements apply: (a) The property owner must remove all disaster -related debris from the property to the curb or public right-of-way; (b) The City of Santa Clarita must obtain a signed statement from the property owner to the effect that the property owner does not have insurance covering the removal of disaster -related debris; (c) The City of Santa Clarita must have a signed statement from the property owner, or his/her authorized representative, giving the City '-- right of entry and absolving the City and State of California of any liability relative to demolition and removal. A. Criteria Debris removal shall be considered necessary when removal will: 1. Eliminate immediate threats to life, public health, and safety; Eliminate immediate threats of significant damage to improved public or private property; or 3. Be necessary for the permanent repair, restoration, or reconstruction of damaged public facilities. B. Examples of Eligible Work 1. Removing debris, which shall include but not be limited to, pieces of damaged or destroyed buildings, structures, block walls, chimneys, signs, or broken utility poles; or Removing loose or broken sidewalks and driveways; or 3. Removing fallen trees. SECTION VI - PERFORMANCE OF WORK Prior to ordering any work, the Building Official shall submit a report to the City Manager, including required work, the notice and order, descriptions of actions proposed, provide proposals to perform and comment on bids received (if other than the City of Santa Clarita) and request appropriate funding to complete required actions. Itemized records of incurred expenses shall be maintained and made available upon request as per Chapter 9 of the UCADB. SECTION VII - SEVERABILITY If this section, subsection, sentence, clause or phrase of this Urgency Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared invalid or unconstitutional. SECTION VIII - CEQA EXEMPTION This urgency ordinance and any permits approved hereunder are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080 (b) (3) and Section 15269 of the CEQA Guidelines. SECTION IX It is necessary for the immediate preservation of the public peace, health, safety that this ordinance take effect immediately to protect public health and safety, and preserve the economic viability of the community, and to insure that the character of the community is preserved. SECTION X This Ordinance takes effect immediately upon its adoption. SECTION XI The City Clerk shall certify the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 18th day of January, 1994. �MAYOR/ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Donna M. Grindev. City Clerk of the City of Santa Clarita, California, do hereby certify that the foregoing Ordinance No. 94-01E was adopted as an urgency ordinance at an emergency meeting of the City Council on the 18th day of January. 1994. AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, Klajic, Pederson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: CO CILMEMBERS: None CLERK ord.emergord.gmd/DMG