ORDINANCE NO 10100 (NS) 12/08/2010 (23) AN ORDINANCE AMENDING

ordinance no. 10100 (n.s.) 12/08/2010 (23) an ordinance amending chapter 1 of division 9 of the san diego county code of regulatory ordi

ORDINANCE NO. 10100 (N.S.)
12/08/2010 (23)
AN ORDINANCE AMENDING CHAPTER 1 OF DIVISION 9 OF THE SAN DIEGO COUNTY
CODE OF REGULATORY ORDINANCES RELATING TO UNSANITARY AND UNSAFE
PREMISES
The Board of Supervisors of the County of San Diego ordains as
follows:
Section 1. Chapter 1 of Division 9 of Title 6 of the County Code is
amended to read as follows:
DIVISION 9. UNSANITARY AND UNSAFE PREMISES
CHAPTER 1. ORDERS TO VACATE OR TO REQUIRE VACATION OF BUILDINGS USED
FOR HUMAN HABITATION.
SEC. 69.101. PURPOSE.
This chapter provides expedited administrative procedures to address
conditions in rented residences and other premises that constitute an
immediate threat to the health and safety of tenants or the public.
The expedited procedure for rental units is based on the tenants
relocation benefit provisions of the State Housing Law (Health &
Safety Code §§ 17910 to 17998.3). The expedited procedure for other
premises is based on the County Health Officer’s obligation and
authority to protect public health (see, e.g., Health and Safety Code
sections 101000 and 101030 and Government Code sec. 23003).
SEC. 69.102. APPLICABILITY.
(a) The expedited procedure provided in Section 69.105 of this chapter
is available when the Director finds that unsanitary conditions or the
substandard conditions listed in Section 69.104(a) of this Code in a
rented residence or its lot are so extensive and of such a nature that
the immediate health and safety of the tenants is endangered.
(b) The expedited procedure provided in Section 69.106 of this Code is
available when the Director finds that unsanitary conditions described
in Section 69.104(b) of this Code in any building or its lot
constitute an immediate threat to the health and safety of the public.
SEC. 69.102.1. OTHER AUTHORITY.
(a) Substandard, illegal or unpermitted conditions, and related
threats to the health or safety of children or adults, may also be
addressed as otherwise authorized by law. The expedited administrative
procedures established by this chapter are in addition to other
remedies and penalties provided by law.
(b) When the expedited procedures provided in this chapter are
available to address one or more substandard conditions at a rental
residence or its lot, other substandard conditions at that residence
may also be addressed in notices and orders issued pursuant to this
procedure, but with appropriately modified time frames for corrective
active.
SEC. 69.103. DEFINITIONS.
The following definition shall apply to this chapter:
(a) “Residence” means any dwelling unit, guest room or suite of rooms
that is subject to the State Housing Law.
(b) “Local appeals board” means the appellate hearing officer
designated to hear an appeal pursuant to this Chapter and Chapter 1 of
Division 5 of Title 1 of this code. The “local appeals board” is also
the “housing appeals board” for purposes of section 17920.6 of the
California Health and Safety Code.
(c) “Substandard condition” means a condition described in Section
17920.3 of the Health and Safety Code (i.e., the State Housing Law).
(d) “Unsanitary condition” means a condition inside a building that
exposes occupants to unconfined sewage, or the presence of sewage or
graywater at the soil surface outdoors.
(e) “Wiring” means all parts and components of the electrical system
in a residence.
SEC. 69.104. IMMEDIATE THREAT TO HEALTH AND SAFETY.
(a) The Director may find that that any of the following substandard
conditions or a combination thereof is so extensive and of such a
nature that the immediate health and safety of the tenants in the
rental residence is endangered:
(1) Inadequate sanitation or an unsanitary condition.
(2) Continued reliance on a defective or failed sewage system that has
caused an unsanitary condition within the prior 30 days.
(3) A lack of potable piped water, unless the water supply to the
residence has been shut off due to nonpayment by a tenant obligated
under a written lease to pay for water. “Potable piped water” does not
include water hauled to the site.
(4) Hazardous wiring, including any wiring that poses an increased
risk of fire or of electrical shock because it is substandard.
(5) Structural hazards that pose a risk of collapse.
(6) Leaking gas plumbing.
(b) The Director may find that any unsanitary condition that is a
public nuisance constitutes an immediate threat to the health and
safety of the public.
SEC. 69.105. ORDERS TO IMMEDIATELY VACATE RENTED PREMISES.
(a) Where the Director finds pursuant to Section 69.104(a) that the
immediate health and safety of the tenants in a rental residence is
endangered, the Director may condemn the premises, order that the
premises be immediately vacated, and order the owner to arrange for
the immediate vacation of the premises. The Director shall also
provide notice of required repairs as set out in Section 69.107, to
address any endangerment to the tenants and any threat to public
health and safety.
(b) In lieu of requiring immediate vacation, the Director may proceed
as described in Section 69.106 of this code.
SEC. 69.106. ORDERS TO MAKE REPAIRS; FAILURE TO COMPLY; ORDERS TO
VACATE PREMISES.
(a) Where the Director finds pursuant to Section 69.104(b) that there
is an immediate threat to the health and safety of the public due to
unsanitary conditions, and determines that those conditions must be
corrected within 30 days to protect public health and safety, or where
the director elects to do so pursuant to Section 69.105(b), the
Director may issue a Notice and Order to the property owner requiring
prompt correction or abatement of the substandard condition or
conditions that create a threat to health and safety.
(b) Any such order shall require the owner to make an election,
pursuant to section 17980 of the Health and Safety Code, to repair or
demolish the residence. For repairs needed to abate the immediate
threat to public health and safety, a deadline for making that
election, not more than five days after notice of the order, shall be
specified in the order. Any such order shall also require the owner to
initiate corrective action by applying for any required County permits
by a specified date not more than five days after notice of the order.
The Director shall also provide notice of required repairs and a
schedule for repairs as set out in Section 69.107.
(c) If an owner fails to comply with an order issued pursuant to
subsection (a) of this section, and if the endangerment to the tenants
or the immediate threat to public health and safety addressed by that
order would be abated or reduced if the residence or commercial
building were vacated, the Director may at any time condemn the
premises, order the occupants of the residence or other building to
immediately vacate the premises, and order the owner to arrange for
the immediate vacation of the premises. For purposes of this
subsection, failure to comply with an order includes failure to elect
to repair or demolish within five days or as specified in the order,
failure to initiate corrective action as specified in the order, or
failure to make progress on repairs or to complete repairs according
to a reasonable and feasible schedule specified by the Director as set
out in Section 69.107.
SEC. 69.107. NOTICE OF REQUIRED REPAIRS; SCHEDULE FOR REPAIRS.
(a) When the Director issues an order pursuant to Section 69.105 or
69.106, the Directors shall at the same time or as soon thereafter as
is feasible provide reasonable notice to the owner of the repairs and
alterations required to correct the conditions addressed in the order.
If the order requires the correction of any code violations that did
not endanger occupants or pose a threat to public health, safety or
welfare, the notice of required repair shall separately identify those
lower priority repairs and alterations.
(b) When the Director provides a notice of required repairs, the
Director shall at the same time or as soon thereafter as is feasible
set out a reasonable and feasible schedule for expeditious repair,
which shall become a part of the previously issued order.
SEC. 69.108. DETERMINATIONS REGARDING TENANT RELOCATION ASSISTANCE.
(a) If the Director orders vacation of a tenant-occupied residence
after finding that the substandard conditions at the residence are so
extensive and of such a nature that the immediate health and safety of
the residents is endangered, the Director shall determine the
eligibility of the tenants for relocation benefits pursuant to
sections 17975 to 17975.10 of the Health and Safety Code.
(b) If the Director determines that the tenants are eligible for
relocation benefits, the Director shall calculate the benefit amount
at issue and shall provide notice to the owner and tenants as
specified in section 17975.1 of the Health and Safety Code. If the
Director determines that the tenants are not eligible for relocation
benefits, the Director shall provide notice of that determination to
the owner and tenants, including a brief statement of the reasons for
that determination.
(c) For purposes of Section 17975.1 of the Health and Safety Code, any
bedroom included in permits or plans for the residence submitted to
the County at any time shall be counted as a bedroom regardless of the
current use of that space. In addition, any space added to a residence
by the current owner or a prior owner without permits that is in
actual use as a bedroom, and any space converted for use as a bedroom
by the owner or a prior owner, with or without permits, shall be
counted as a bedroom.
(d) The Director shall not advance relocation payments to tenants.
SEC. 69.109. NOTICE THAT BUILDING HAS BEEN CONDEMNED.
(a) When rented premises have been condemned and the Director has
determined that the immediate health and safety of the residents is
endangered, or where any other premises are condemned and the Director
has determined that there is an immediate threat to public health or
safety, the Director shall place or cause to be placed thereon a
placard reading as set out below.
WARNING
THESE PREMISES HAVE BEEN CONDEMNED AS BEING AN IMMEDIATE THREAT TO THE
HEALTH AND SAFETY OF RESIDENTS OR THE PUBLIC. IT IS UNLAWFUL FOR ANY
PERSON TO RESIDE IN OR OCCUPY THIS BUILDING. THIS NOTICE IS EFFECTIVE
IMMEDIATELY.
[signature]
____________________________________________
Director of the Department of Environmental Health
(a) The Director shall provide separate written notice to the tenant
occupying the premises if there is a tenant, and to the owner or his
agent, that the property is ordered condemned and that the order to
vacate and (where applicable) the determination of the Director
concerning tenant relocation benefits may be appealed within five days
as set out in Section 69.112. The notice shall state that an appeal
will not stay the order or the determination of the Director. Notice
to an owner who is not the occupant of the premises may be provided by
mail to the owner's address as listed in County records for the
parcel.
SEC. 69.110. REMOVAL OF PLACARDS PROHIBITED.
It is a violation of this chapter to remove a placard posted by the
Director.
SEC. 69.111. OCCUPYING POSTED PREMISES PROHIBITED.
Any person who resides in or occupies premises that have been
condemned by the Director pursuant to this Chapter is guilty of a
misdemeanor. Occupants shall immediately vacate such premises until
all repairs and alterations required by the Director shall have been
made.
SEC. 69.112. APPEAL.
(a) The owner or tenant of any premises condemned and ordered to be
vacated by the Director may file an appeal as specified in Chapter 1
of Division 5 of Title 1 of this code (sections 16.101 and following)
within five days of the date of the order. The Director’s
determination concerning tenant relocation benefits may be appealed in
the same manner. An appeal shall not stay the Director’s order or
determination.
(b) Where an owner or tenant appeals, notice of the hearing shall be
provided to the owner by the Clerk of the Board, and shall be provided
by the Director to all persons known to the Director to claim to be
tenants. Regardless of who appeals, both the owner and the tenant(s)
may participate in the proceeding.
(c) Where a condemnation and order to vacate is appealed, the hearing
officer may determine whether the Director’s determination that there
was an immediate threat to health and safety was unreasonable when
made, whether an immediate threat to health and safety exist as of the
date of the hearing, and whether the condemnation shall be lifted.
(d) Where a determination concerning tenant relocation benefits is
appealed, the hearing officer may determine whether the persons
identified by the Director as tenants were tenants, whether each
tenant was displaced by the Director’s order, whether the Director’s
determinations concerning tenant eligibility and owner liability were
consistent with the State Housing Law and whether the Director’s
determination concerning the number of bedrooms in the residence was
consistent with Section 69.108(c). In making these determinations the
hearing officer may consider all relevant evidence, whether or not
that evidence was available to or considered by the Director at the
time the Director’s determinations were made.
(e) An owner appealing the Director’s determination that tenant
relocation benefits should be paid may waive the timelines for
scheduling hearings specified in section 16.103 of the County Code,
and may request that a hearing be held and a decision rendered within
10 days after the date the order to vacate was first mailed and
posted. However, the timing of the appeal hearing and decision shall
not affect the owner’s liability for failure to make timely payment of
benefits pursuant to section 17957.3 of the Health and Safety Code.
SEC. 69.113. COMPLIANCE TIMELINE.
(a) Conditions which the Director identifies as an immediate threat to
the health and safety of tenants or the public must be corrected on
the reasonable and feasible timeline specified by the Director
pursuant to section 69.107(b).
(b) For any other conditions called out in the Order issued by the
Director for which the Director has not specified a timeline for
repairs, the property owner shall have 60 days to obtain permits to
commence with repair, rehabilitation, demolition, or removal.
(c) If the building or portion thereof is not repaired, rehabilitated,
demolished, or removed within the time specified by the Director or by
subsection (b) above, the Director or another County official may take
any further action authorized by the State Housing Law or by this
Code.
Section 2: This ordinance shall take effect and be in force thirty
days after its passage and before the expiration of fifteen days after
its passage, a summary hereof shall be published once with the names
of the members of this Board voting for and against it in the San
Diego Commerce a newspaper of general circulation published in the
County of San Diego.
PASSED, APPROVED AND ADOPTED by the Board of Supervisors of the County
of San Diego this 8th day of December, 2010.
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