HomeMy WebLinkAbout2016-10-24 Ordinance 53971
160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
Ordinance No. 5397
Ordinance of the Council of the City of Palo Alto Amending Chapters
16.36 (House Numbering), and 16.40 (Unsafe Buildings) of the Palo
Alto Municipal Code
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 16.36.060 (Display of numbers required) of Chapter 16.36
(House Numbering) of Title 16 (Building Regulations) of the Palo Alto Municipal Code Unsafe
Buildings is hereby amended to read as follows:
No owner, occupant, lessee, tenant or subtenant of any building having an entrance
which fronts on a public street shall display any number of such building or entrance
thereto other than the proper number designated by the building official. Such
designated number shall be placed upon or immediately above or to one side of the
door, gate, post or entrance to such building or in some other conspicuous location as
provided in this Chapter or Chapter 16.04.
SECTION 2. Section 16.40.020 (Substandard Residential Building Defined) of Chapter
16.40 (Unsafe Buildings) of Title 16 (Building Regulations) of the Palo Alto Municipal Code
Unsafe Buildings is hereby amended to read as follows:
The term "substandard residential building" shall mean any residential building including
any dwelling unit, guest room, or suite of rooms or the premises on which the same is
located, in which any of the following conditions exist to an extent that endangers the
life, limb, health, property, safety or welfare of the public or the occupants thereof:
(a) Structural unsoundness, including:
(1) Weakened or deteriorated footings.
(2) Footings of insufficient size to carry imposed loads with safety.
(3) Defective or deteriorated flooring or floor supports.
(4) Flooring or floor supports of insufficient size to carry imposed loads with
safety.
(5) Members of walls, partitions, or other vertical supports that split, lean, list,
or buckle due to defective material or deterioration.
(6) Members of walls, partitions, or other vertical supports that are of
insufficient size to carry imposed loads with safety.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members which sag, split, or buckle due to defective material or
deterioration.
(8) Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members that are of insufficient size to carry imposed loads with safety.
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
(9) Fireplaces or chimneys which list, bulge, or settle, due to defective material
or deterioration.
(10) Fireplaces or chimneys which are of insufficient size or strength to carry
imposed loads with safety.
(b) Improper materials of construction, including all materials except those specifically
allowed or approved by this code.
(c) Fire hazard, as defined in Title 15 of this code.
(d) Nuisance, as defined in Chapter 9.56 of this code.
(e) Improperly weatherproofed, including:
(1) Crumbling, loose, or failing plaster.
(2) Broken windows or doors.
(3) Defective or lack of waterproofing for wood frame walls.
(4) Defective or weathered exterior wall covering due to lack of paint or other
approved protective coating.
(5) Defective or lack of waterproofing for wood frame roofs.
(6) Broken, split, decayed, or buckled exterior wall or roof covering.
(f) Defective wiring, including all wiring except that which was legally installed in
compliance with the Palo Alto Electrical Code in effect at the time of installation
and is still maintained in good condition.
(g) Defective plumbing, including all plumbing except that which was legally installed in
compliance with the Palo Alto Plumbing Code in effect at the time of installation
and is still maintained in good condition.
(h) Defective heating and ventilation devices and accessory vents and piping, including
all such devices and accessory vents and piping except those which:
(1) Were legally installed in compliance with this code in effect at the time of
installation and are still maintained in good condition; and
(2) Are properly vented as required by this chapter.
(i) Improper sanitation and safety, including:
(1) Lack of one bath, lavatory and water closet in a dwelling unit.
(2) Lack of one bath, lavatory and water closet either serving each ten guest
rooms, or serving each twenty guests if housed in less than ten guest rooms.
(3) Lack of kitchen sink in the kitchen of a dwelling unit.
(4) Lack of running water to sink, bath, water closet and lavatory in a dwelling
unit.
(5) Lack of running water in bath, water closet and lavatory guest rooms.
(6) Lack of heating device to provide hot running water for bath and kitchen
sink in a dwelling unit.
(7) Lack of heating device to provide hot running water for the baths serving
guest rooms.
(8) Lack of adequate electric lighting.
(9) Lack of adequate heating system.
(10) Window areas or ventilation less than that required by this chapter.
(11) Room areas, ceiling height and cubic air space less than those required by
this chapter.
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
(12) Damp, wet rooms used for living purposes.
(13) Infestation with insects, vermin and rodents, when so determined by the
health officer.
(14) General dilapidated condition and not maintained as required by this
chapter.
(15) Improperly enclosed or unsanitary underfloor area.
(16) Improperly ventilated or reduced height of underfloor area.
(17) Improperly ventilated cooking facilities.
(j) Exits, including:
(1) All doors, passageways, stairways, and courts which do not comply with the
provisions of this chapter.
(2) Lack of access to each dwelling unit, guest room, or suite of rooms without
passing through some portion of another dwelling unit, guest room or suite
of rooms.
(k) Lack of, or defective fire protective equipment, where required by this chapter.
(l) Any building which is occupied by a residential occupancy for which it was not
designed or intended.
(m) Visible mold growth, as determined by a health officer or a code enforcement
officer, except mold that is minor and found on surfaces that accumulate moisture
as part of their proper functioning and use.
(n) Any residential building which constitutes a "dangerous building," as defined in this
code.
(o) Any residential building which constitutes a substandard building under the
California State Housing Law, Section 17920.3, as it may be amended from time to
time.
SECTION 3. Section 16.40.040 (Dangerous Buildings Declared) of Chapter 16.40
(Unsafe Buildings) of Title 16 (Building Regulations) of the Palo Alto Municipal Code Unsafe
Buildings is hereby amended to read as follows:
All buildings or portions thereof which are determined by the building official to be
dangerous or substandard as defined in this chapter are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedure in this Chapter or Chapter 9.56 (Abatement of
Nuisances).
The procedure provided in this Chapter shall be cumulative and in addition to any other
procedure or procedures provided in ordinances of this city or by state law for the
abatement of any of the conditions described in this Chapter, and abatement under this
chapter shall not prejudice or affect any other action, administrative, civil, or criminal,
for the maintenance of any such condition.
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
SECTION 4. Section 16.40.060 (Notice and Order of Building Official) of Chapter
16.40 (Unsafe Buildings) of Title 16 (Building Regulations) of the Palo Alto Municipal Code
Unsafe Buildings is hereby amended to read as follows:
(a) Building Official to Commence Proceedings. Whenever the building official has
inspected or caused to be inspected any building and has found and determined
that such building is a dangerous building, he may commence proceedings to cause
the repair or rehabilitation of the building or, if he finds that repairs or
rehabilitation are impracticable, to cause the vacation and demolition of the
building.
(b) Notice and Order Contents. To commence proceedings under this Section, the
building official shall issue a notice and order directed to the record owner of the
building and the person, if any, occupying or otherwise in real or apparent charge
and control of the building. The notice and order shall contain:
(1) The street address and a legal description sufficient for identification of the
premises on which the building is located.
(2) A statement that the building official has found the building to be dangerous
and a public nuisance, with a brief description of the conditions which render
the building dangerous and a public nuisance under the provisions of
Sections 16.40.010 through 16.40.040 of this chapter, including, whenever
an order to vacate and demolish is given, a finding that repair or
rehabilitation is impracticable, with a brief statement of the facts upon
which such finding is based.
(3) An order to secure permits and physically commence elimination of the
described conditions within a reasonable timeframe as determined by the
building official or, if repair or rehabilitation has been found impracticable,
to vacate the building and commence demolition and complete demolition
within a reasonable timeframe as determined by the building official.
(4) A statement advising that if the required repair or demolition work is not
commenced within the time specified, the building official will order the
building vacated and posted to prevent further occupancy until the work is
completed, and may proceed to cause the work to be done and assess the
costs thereof against the property.
(5) A statement advising that any person having any record title or interest in
the building may appeal from the notice and order, or any action of the
building official to the city council, provided the appeal is made in writing as
provided in this section, and filed with the building official within fifteen days
from the date of service of such notice and order.
(c) Persons Served. The notice and order, and any amended notice and order, shall be
served upon each person to whom it is directed, and one copy thereof shall be
served on each of the following: the holder of any mortgage or deed of trust or
other lien or encumbrance of record; the owner or holder of any lease of record;
and the holder of any other estate or interest of record in or to the building or the
land on which it is located. The failure of the building official to make or attempt
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
service on any person required herein to be served shall not invalidate any
proceedings hereunder as to any other person duly served from any duty or
obligation imposed on him by the provisions of this section.
(d) Method of Service. Service of the notice and order shall be made upon all persons
entitled thereto either personally or by mailing a copy of such notice and order by
certified mail, postage prepaid, return receipt requested, to each such person at his
address as it appears on the last equalized assessment roll of the county or as
known to the building official. If no address of any such person so appears or is
known to the building official, then a copy of the notice and order shall be so
mailed, addressed to such person, at the address of the building involved in the
proceedings. The failure of any such person to receive such notice shall not affect
the validity of any proceedings taken under this section. Service by certified mail in
the manner provided shall be effective on the date of mailing.
(e) Proof of service of the notice and order shall be documented at the time of service
by a declaration under penalty of perjury executed by the person effecting service,
declaring the time and manner in which service was made. The declaration,
together with any receipt card returned in acknowledgment of receipt by certified
mail shall be affixed to the copy of the notice and order retained by the building
official.
(f) At the time the notice and order is served the building official shall file in the office
of the county recorder a certificate legally describing the property and certifying
that the building is a dangerous building and the owner has been so notified.
Whenever the corrections ordered shall have been completed or the notice and
order reversed, modified or set aside by the city council upon appeal, so that the
building no longer exists as a dangerous building on the property described in the
certificate, the building official shall file a new certificate with the county recorder
that the building has been demolished or removed or is no longer dangerous.
SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 6. The Council finds that this project is exempt from the provisions of
Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the environment.
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160831 sh 016/Dev Services/2016 Code Cycle/Final Codes/2016-08-25 (2016 Code Cyle) ORD Amending Chs 16.36 and 16.40
SECTION 7. This ordinance shall be effective on the thirtyfirst day after the date
of its adoption.
INTRODUCED: October 4, 2016
PASSED: October 24, 2016
AYES: BERMAN, BURT, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID
NOES:
ABSENT: DUBOIS, WOLBACH
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Development Services
Director of Administrative Services
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