Pasadena Municipal Code Ch. 14.60 Abatement of Buildings Exhibiting Slumlike Conditions

This chapter shall be known as the Slumlord Ordinance.

(Ord. 6468 § 2 (part), 1991)

The board of directors finds and declares that buildings exhibiting slumlike conditions are public nuisances by virtue of their conditions or defects to the extent that the life, health, property or safety of the public or its occupants are endangered. The board further finds and declares that immediate abatement of such buildings by repair, rehabilitation, demolition or removal is necessary to protect and preserve the safety of the citizens and neighborhoods where such structures are found. The abatement procedures established herein are designed to be used to correct only those conditions and defects which endanger the life, safety and health of the occupants, community and general public. They are not intended for minor or technical code violations. The procedures established in the chapter shall be in addition to any legal remedy, criminal or civil, established by law which may be pursued to address violations of this code. This chapter does not affect or alter other nuisance abatement procedures established in this code.

(Ord. 6468 § 2 (part), 1991)

For the purposes of this chapter, unless otherwise apparent from the context, certain terms and words are defined as follows:

A. "Abatement" shall mean the act or process of reducing or alleviating conditions which make the structure a public nuisance as defined by law.

B. "Buildings exhibiting slumlike conditions" shall mean any of the following:

1. Inhabited rental property with longstanding multiple and/or life threatening code violations, including but not limited to, electrical, structural, health and safety, and fire, and which require immediate correction to protect the life, limb, health, property, safety, or welfare of any occupant or member of the public.

2. A building or structure used or intended to be used for dwelling purposes which, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer, or an authorized representative, to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease.

3. A building or structure which, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

C. "Demolition" shall mean the razing of a structure with a property permit, a certificate of appropriateness if required under the cultural heritage commission ordinance, and in conformity with growth management requirements.

D. "Owner" shall mean any person owning property as shown on the last equalized assessment roll of the Los Angeles County assessor, or the lessee, tenant or other person having control or possession of the property.

E. "Slumlord" shall mean the owner of a residential building exhibiting slumlike conditions.

F. "Substandard structure" shall mean a substandard building as defined in Section 17920.3 of the California Health and Safety Code and any accessory structures which endanger the life, limb, health, property, safety or welfare of the public or occupants.

(Ord. 6468 § 2 (part), 1991)

The provisions of this chapter shall apply to all buildings exhibiting slumlike conditions, as herein defined, which are now in existence or which may hereafter exhibit slumlike conditions.

(Ord. 6468 § 2 (part), 1991)

The provisions of this chapter shall be jointly enforced by the health officer, the building official, neighborhood services administrator, and fire chief. They or their authorized representatives are hereby authorized to make such inspections and take such actions, including lawful entry upon such premises, as may be required to enforce the provisions of this chapter.

(Ord. 6468 § 2 (part), 1991)

A. All buildings or portions thereof which are determined after inspection by authorized personnel to exhibit slumlike conditions as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in this chapter.

B. It shall be unlawful and a misdemeanor for any slumlord or other person having charge or control of a building exhibiting slumlike conditions to violate a final order of abatement made pursuant to this chapter.

(Ord. 6468 § 2 (part), 1991)

When the officials charged with enforcement of this chapter have inspected or caused to be inspected any building and found and determined that such building is a building exhibiting slumlike conditions, they shall commence proceedings to cause the repair, vacation or demolition of the building.

(Ord. 6468 § 2 (part), 1991)

A. The officials charged with enforcement shall cause to be issued a notice of hearing to the record owner of the building as shown on the latest equalized tax assessment roll by mailing the same to the owner's address as indicated thereon, and further by conspicuously posting a copy of the notice on the affected property. The notice shall be issued not less than seven days before the scheduled hearing.

B. The notice shall state the nature of the alleged public nuisance, the address and legal description of the property involved, the time and place of the hearing to determine whether the same constitutes a public nuisance, the official before whom the matter will be heard, and the manner of proposed abatement if the same is found to be a public nuisance.

C. The notice shall inform the slumlord that under Sections 17274 and 24436.5 of the California Revenue and Taxation Code that no tax deduction is allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year on rental income from substandard housing, and of the city's intention to contact the State of California Franchise Tax Board after the expiration of the time period indicated in the statute should a public nuisance be found.

(Ord. 6468 § 2 (part), 1991)

A. The hearing to determine whether the building is a public nuisance under this chapter shall be conducted by a hearing officer retained by the city for that purpose. The hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure Section 2093(a).

The hearing officer shall consider all relevant evidence, including but not limited to, applicable staff reports, and give any interested party a reasonable opportunity to be heard in conjunction therewith. Based on the evidence presented at the hearing, the hearing officer shall determine whether a public nuisance exists within the meaning of this chapter.

(Ord. 6468 § 2 (part), 1991)

A. The hearing officer shall send a copy of the written decision by regular mail to the slumlord and any other person requesting the same within 5 working days of the hearing. If a public nuisance exists, the decision shall contain findings of fact and an order of abatement directed to the owner of the affected property or the person in control and/or charge of the property. The order shall set forth the nature of the nuisance, its location on the property, and the time and manner for its abatement. The order shall require that corrective action must commence within 30 days of the mailing of the order unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance.

B. When a timely appeal is properly filed as provided in this chapter, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this chapter.

(Ord. 6468 § 2 (part), 1991)

A. A slumlord may appeal the hearing officer's determination to the assistant city manager - community by filing an appeal application within 15 calendar days following the date the order of abatement is mailed to that party.

B. The appeal application shall set forth any previously unavailable evidence regarding the matter, or state specifically the manner in which the hearing officer's determination was not supported by the record, misinterpreted the municipal code, misapplied city policy, or erred in some other respect.

C. Whenever an appeal is timely filed and meets any of the requirements of subsection B, staff shall schedule a hearing date before the assistant city manager - community. The date of the hearing shall be within 30 days of the filing of the appeal application, depending on the circumstances in the case.

D. The board of directors may, by resolution, establish a fee for the processing of an appeal.

E. At the time and place set for such hearing, the assistant city manager - community shall review the decision of the hearing officer and afford the appellant and the enforcement officials a reasonable opportunity to be heard in connection therewith.

F. If the assistant city manager - community finds from the relevant evidence presented at the hearing and received in conjunction with the appeal that the finding of public nuisance was in conformity with the provisions of this chapter, he/she shall require compliance with the order of abatement to commence within 30 days after the mailing of a copy of the order to the affected property owner unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance.

(Ord. 6468 § 2 (part), 1991)

If the public nuisance is not abated within the 30 day period or within such longer period as the assistant city manager - community may provide, the officials charged with enforcement of this chapter are expressly authorized and directed to enter lawfully upon the premises for the purpose of abating the public nuisance.

(Ord. 6468 § 2 (part), 1991)

A copy of the assistant city manager - community's order shall be mailed by regular mail to the slumlord and to any other person requesting the same within 5 working days after the adoption thereof. The assistant city manager - community's decision shall be final and conclusive. Pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision of the assistant city manager—community shall be commenced not later than the ninetieth day after the date the order is entered.

(Ord. 6468 § 2 (part), 1991)

A. If the property owner does not comply with the abatement order within the time specified and no appeal has been properly and timely filed, the officials charged with enforcement of this chapter shall file in the office of the county recorder a notice of substandard building describing the property and certifying that the building is a substandard building and that the owner has been so notified.

B. Whenever the corrections ordered thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the officials charged with enforcement of this chapter shall file a new certificate with the county recorder certifying that the building has been demolished or that all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

(Ord. 6468 § 2 (part), 1991)

Notwithstanding any other provision of this chapter with reference to the abatement of a public nuisance, whenever the city officials charged with enforcement of this chapter determine and declare after inspection that a building or structure's continued operation would constitute a danger to public health, safety, welfare or public morals, including but not limited to meeting one of the criteria in Section 14.60.030, or being structurally unsafe, or constituting a fire hazard, or is otherwise dangerous to human life, and such condition constitutes an immediate hazard or danger, they shall, without observing the provisions of this chapter with reference to abatement procedures, immediately and forthwith abate the existing public nuisance.

(Ord. 6468 § 2 (part), 1991)

The board may establish a revolving fund to be known as the emergency relocation fund to defray costs of administrative and judicial abatement when tenants must be relocated immediately. The fund shall be reimbursed by collection from the property or property owner as specified in this code and by the courts. The director of finance shall establish accounting procedures to ensure proper account identification, credit and collection. This fund shall be operated and used in conjunction with procedures ordered or authorized under any other abatement provision of this code.

(Ord. 6468 § 2 (part), 1991)

Abatement costs are recoverable in accord with the procedures set forth in Chapter 1.30 of this code.

(Ord. 6468 § 2 (part), 1991)

The provisions of this chapter are nonexclusive and supplementary to existing right and remedies. Nothing in this chapter shall prevent the city from commencing any appropriate civil action to abate a public nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with the proceedings set forth in this chapter.

(Ord. 6468 § 2 (part), 1991)