ORDINANCE NO.2151
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
AMENDING CHAPTER 17.16, "ABATEMENT OF
DANGEROUS BUILDINGS CODE," OF THE
MERCED MUNICIPAL CODE DEALING WITH
ESTABLISHMENT OF A BUILDING AND
HOUSING BOARD OF APPEALS BY AMENDING
SECTION 17.16.010 AND ADDING SECTIONS
17.16.030, 17.16.040, AND 17.16.050
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
SECTION 1. AMENDMENT TO CODE. Section
17.16.010, «Uniform Code for the Abatement of Dangerous Buildings - Adoption" of the Merced Municipal Code, is hereby amended to read as follows:
"17.16.010 Uniform Code for the Abatement of
Dangerous Buildings - Adoption.
That certain document in book form entitled "Uniform
Code for the Abatement of Dangerous Buildings, 1997
Edition," three (3) certified copies of which are on file in the office of the city clerk, published by the International Conference of Building Officials, as amended by the
State Building Standard Commission, which provides for
a just, equitable and practicable method, to be cumulative and in addition to any other remedy available at law,
whereby buildings or structures which from any 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
providing procedures for processing appeals on decisions made by the Chief Building Official, and providing for
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enforcement of orders, performance or work, repair or
demolition, and for recovery of costs of repair or
demolition, as hereinafter amended, deleted and added to, is hereby adopted by reference as the abatement of
dangerous buildings code of the city."
SECTION 2. ADDITION TO CODE. Section 17.16.030
of the Merced Municipal Code is hereby added to read as follows:
"17.16.030 Establishment of Building and
Housing Board of Appeals.
That Section 205 of said Abatement of Dangerous
Buildings Code be amended to read as follows:
Section 205 - BOARD OF APPEALS
A. In order to hear and decide appeals of orders,
decisions or determinations made by the Chief Building
Official relative to the application and interpretation of the Merced Municipal Code, including all Building Code, Housing Code, Administrative Code, Electrical Code,
Mechanical Code, Plumbing Code, Fire Prevention Code,
and Abatement of Dangerous Buildings Code adopted by
reference, there shall be and hereby is created a Building and Housing Board of Appeals, consisting of five (5)
members to be appointed by motion of the city council
adopted by at least five (5) affirmative votes, at least three (3) of whom shall be registered or licensed
professionals in the trade of design, engineering,
construction, or inspection of buildings, all of whom are qualified by experience and training to pass upon matters pertaining to building construction, engineering, or fire inspection. In addition thereto, the Chief Building
Official shall be an ex officio member, shall act as
Secretary to the Board, and shall have a voice but no vote or authority to make or second any motion upon any
matter before the Board.
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B. The members so appointed shall serve for a term
of four (4) years. The members first appointed to the
Board shall classify themselves by lot that by the
following City Council election the term of two (2) of the members shall expire. Said lot shall provide for the
grouping of terms to such an extent as is necessary in
order that the term of at least two (2) members shall
expire on each succeeding City Council election.
C. The Board shall adopt reasonable rules and
regulations for conducting its hearings and shall render all of its decisions and findings in writing. The Board shall hold office at least once a year, or as called for by a majority of the members of the Board, or as requested by the Chief Building Official. The decision of the Board
shall be final and conclusive on all matters decided
therein. Upon receipt of the Board's written decision, the Chief Building Official shall proceed in accordance
therewith.
D. The Building and Housing Board of Appeals shall
have no authority relative to interpretation of the
administrative provisions of, nor shall the Board be
empowered to waive requirements of, the Merced
Municipal Code including all Building Code, Housing
Code, Administrative Code, Electrical Code, Mechanical
Code, Plumbing Code, Fire Prevention Code, and
Abatement of Dangerous Buildings Code adopted by
reference."
SECTION 3. ADDITION TO CODE. Section 17.16.040
of the Merced Municipal Code is hereby added to read as follows:
"17.16.040 Recordation of Notice and Order.
That Section 402 of said Abatement of Dangerous
Buildings Code be amended to read as follows:
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Section 402 - RECORDATION OF NOTICE AND
ORDER
A. Upon issuing a notice and order, the Chief
Building Official, or a duly appointed deputy, may, in the exercise of his discretion, file in the Office of the County Recorder of the County of Merced a certificate
describing the property and certifying that the building is a substandard building, and that the owner has been so
notified. Whenever the correction ordered shall thereafter halone coins as a orte build burdeng lished proper ly
described in the certificate, or an appeal has been granted declaring the building to not be substandard, the Chief Building Official, or a duly appointed deputy, shall file a new certificate with the County Recorder certifying that the building has been demolished, that all required
corrections have been made, or that an appeal has been
granted so that the building is no longer substandard,
whichever is appropriate.
B. When the Chief Building Official has not, in the
exercise of his discretion, recorded a certificate under the provisions of subsection (A) of this Section, if
compliance is not had within the time specified in the
notice and order, and it no appeal has been properly an imely field, or an appeal has been heard and denied, the Chief Building Official, or a duly appointed deputy, shall at that time file a certificate in the Office of the County Recorder of the County of Merced, in accordance with
and subject to the provisions set forth in subsection (A) of this Section."
SECTION 4. ADDITION TO CODE. Section 17.16.050
of the Merced Municipal Code is hereby added to read as follows• "17.16.050 Notice to Vacate.
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That subsection 404.1 of Section 404 of said Abatement
of Dangerous Buildings Code be amended to read as
follows:
Section 404.1. Posting. Every notice to vacate shall, in addition to being served as provided in Section 401.3, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this Notice.
By Order of the Chief Building Official
City of Merced"
SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 8. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 9. PUBLICATION. The City Clerk is directed to cause a ciph of thie (li) day to be is lidored in the offcial newspaper at least once The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the 15th_ day of March _ 2004, and was passed and adopted at a regular meeting of said City Council held on the 5th day of April , 2004, by the following called vote:
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AYES: Council Members: SANDERS, WOOTEN, CORTEZ, SPRIGGS,
GABRIAULI-ACOSTA, OSORIO, WALSH
NOES: Council Members: NONE
ABSTAIN: Council Members: NONE
ABSENT: Council Members: NONE
ATTEST:
JAMES G. MARSHALL, CITY CLERK
BY:_
Deputy City Clerk
(SEAL)
APPROVED AS TO FORM: mass
City Attorney
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678 W. 18" Street, Merced, CA 95340
(209) 385-6838 City of Merced
(209) 384-5805
Fax
To: Terri Fierro, Merced County Times From: Dana Davidson Fax: 209-358-7108 Pages: 7
Phone: 209-358-5311 Date: 417/2004
Re: Ordinance #2151 CC:
El Urgent • For Review • Please Comment • As Requested • Please Recycle • Comments: Please publish the attached ordinance in the legal section of the County Times on Thursday, April 15, 2004.
Please referenced purchase order #63393 and verify receipt by calling #385-6837.
PROOF OF PUBLICATION This space is for the County Clerk's (2015.5 C.C.P) Filing Stamp
Proof of Publication of
STATE OF CALIFORNIA)
)ss.
)
COUNTY OF MERCED
Copy of notice here
I am a citizen of the United States and a resident of
the county aforesaid; I am over the age of eighteen AN ORDINANCE GRE years, and not a party to or interested in the above- CITY COUNCIL OF THE CITY entitled matter. I am the printer foreman or principal OF MERCED, CALIFORNIA, clerk of The Merced County Times, a newspaper of AMENDING CHAPTER 17.16, general circulation, printed and published in the
City of Merced, County of Merced, and which news- NO BUILDING CODE OF E OUS BUILDING CODE," OF paper has been adjudged a newspaper of general THE MERCED MUNICIPAL circulation by the Superior Court of the County of CODE DEALING WITH Merced, State of California, under the date of De- ESTABLISHMENT OF A cember 14, 1999, Case Number 143600; that the BUILDING AND HOUSING notice, of which the annexed is a printed copy has BOARD OF APPEALS BY been published in each regular and entire issue of AMENDING SECTION said newspaper and not in any supplement thereof 17.16.010 AND ADDING on the following dates, to-wit: SECTIONS 17.16:030,
17.16.040, AND 17.16.050
THE CITY COUNCIL OF THE
CITY OF MERCED DOES OR-
APRIL 15, 2004 DAIN AS FOLLOWS:
SECTION 1. AMENDMENT TO
CODE. Section 17.16.010, "Uni-
forms Code for the Abatement
of Dangerous Buildings-Adop-
Ordinance No. 2151
read as follows:
₩17.16.010 Uniform Cede for!
the Abatement of Dangerous
Bulldings - Adostion.
That certain document in book -
from erititled "Uniform Cade for
si the Abatement of Dangerous
fc Buildings, 1997. Edition," three
th (3) certified copies of which are
bi on file. in the office of the city
I certify (ordeclare) under penalty of perjury that thel clerk, published by the Interna- pr
foregoinets true and correct. to tional Conference of Building sa Officials; as amended by the
lei State Building Standard Com-
exp mission, which provides for a
Col just, equitable and practicable
C. 1 • method, to be cumulative and in
addition to any other remedy
son-
cond available at law, whereby build-
rend ings or structures which from
any cause endanger the life,
shall Wheat was alic perty.
Proof of Publication - Merced County Times, Box 772, Merc year, or as called for by a ma- 83-0433 Adjudged a newspaper of general circulation I jority of the members of the Board, or as requested by the
amended to read a followe. da