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HomeMy WebLinkAboutOrdinance 865 N.C.S. 04/17/19673,/-1/67. EER : skw ORIGIN ORDINANCE No. 865 R. C'.. S . INTRODU ED Y COUNCIL SECONDED BY COUNCILMAN J . le ` % �� c AN ORDINANCE AMENDING THE PETALUMA CITY CODE OF 1958 BY ADDING THERETO CHAPTER 1, SECThO,NS.7.1. THROUGH - 7.21., SAID CHAPTER TO BE ENTITLED "MAIN,TENANCE OF BUILDINGS AND PROPERTY. ABATEMENT OF NUISANCES. " *, TO ESTABLISH A NUISANCE ABATEMENT..AND HEARING BOARD, TO PROVIDE PROCEDURE FOR ABATEMENT OF NUISANCES AS DE— FINED IN THE ORDINANCE, TO PROVIDE FOR ABATEMENT PRO — CEDURES AND"THE COLLECTION OF THE COSTS INVOLVED- THERE— FOR. WHEREAS, this City finds and determines-.as follows: (a) That the City has a history and' reputation for well -kept properties and that the p "roperty values and the general welfare of this community are founded, in part, upon the.,appearance and mainten- ance of-properties; (b) That there now appears a need for•'further emphasis on the maintenance of a number of that certain conditions - ; as described hereinafter, have been found.from,place to place throughout the City; (c) That the existence of such hereinafter described condi- tions is injurious and inimical to the public.hea -lth,, safety and wel- fare-of the residents of this City and contributes'subsfantially and increasingly to the problems of the necessity for expenditures for, protection against hazards and diminution of property values of crime and the preservation of the-public health, safety and welfare and the maintenance of police, fire accident protection, and that such problems are becoming increasingly direct and substantial in ,significance and effect, and that'the uses and,abuses of property as described herein reasonably relate the :proper exercise, of the police power in the protection of health, safety and welfare of.the public; \J J ('d) That unless corrective measures are undertaken to al- leviate such existing conditions and particularly to avoid future problems this regard, the public health, safety and general wel- fare and `specifically the values and social and economic standards of this community will be depreciated; that the abatement of such conditions wil1�enhance the appearance and value of such properties rather than be a burden on the owners thereof and that the abatement conditions will also appreciate the values and- appearance of neighboring properties and benefit the use and enjoy- ment of properties in the general area and will improve the general welfare and image of the City; and that the abatement procedures set forth in this Chapter are reasonable and afford a maximum of due progress and procedural guarantees; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1 . Chapter 7,,Sections 7.1. through 7.2 „1., is hereby added to the Petaluma City Code to read as follows: runDMVD '7 MAINTENANCE OF BUILDINGS AND PROPERTY. ABATEMENT OF NUISANCES Section 7.1. DEFINITION. (1) Building Official shall be that person so desig- nated as such by the City Manager or his authorized agent, assistant, deputy representative. (2) Fire Inspector shall be the Fire Inspector as so designated by the Cty.Manager of this City or his authorized agent, assistant, deputy or representative. (3) Health Officer shall mean the official of the City or the County responsible for the enforcement of laws, ordinances, rules and regulations of the State and the City relating to public health, sanitation, food handling &environmental health, including his -2- authorized agents, assistants, deputies or representatives. (4) Board, unless otherwise specified, shall mean the Nuisance and Abatement Hearing Board, herein established, of the City of Petaluma, (5) Demolish shall mean the removal or demolition and removal of the.building from its site. Section 7.2. DUTY TO REPORT VIOLATIONS The Fire Chief, Planning Director, City Engineer, Health Officer and other de- partment heads shall make reports to the Building Official in writing of any building or structure which is believed to be a dangerous build- ing or substandard building within the terms of this Chapter and the Uniform Building Code whenever the facts, thereof, shall come to the attention of such officer in his official capacity. Section 7.3. MAINTENANCE OF PROPERTY. ABATEMENT OF NUISANCES BY REPAIR, REHABILITATION, DEMOLITION OR REMOVAL All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation,.demolition or repair pur- suant to the procedures set forth herein. The procedures set forth herein shall not in any manner, how- ever, limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law, and shall be cumulative with and in addition to any other remedy provided by the Uniform Building Code. Section 7.4. MAINTENANCE OF BUILDINGS AND PROPERTY. NUISANCES It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon: (a) Buildings which are abandoned, boarded up, partially destroyed, badly deteriorated or left unreasonably in a state of par- tial construction; (b) Broken windows constituting hazardous conditions and. inviting trespassers and malicious mischief; 591a (C) Trailers,.. campers, boats: -.and other mobile'e.qulpmen't stored. for unrea.sonable'per ods in front., -yard areas'.and.causing de, preciat,ion of ne'arby.property values.. (d) Inoperable or abandoned' motor,,�vehicle's.:stored for un- reasonable periods on the-premises and causing depreciation.of - nearby property values. (e) Attractive, nuisances dangerous to children in the form of 1. Abandoned and broken equipment 2. Hazardous pools; ponds and excavations;.'and 3. Neglected machinery. (f) Accumulation. of garbage, refuse .and other debris in front or side yards visible from public'stre'ets,.. (g) Maintenance of premises in such condition•as to cause detrimental effect upon nearby,property or property values, to be det- rimental to the public health,. safety, or gendr'a•l .welfare or in such manner.as to constitute a public nuisance'As - defined by Civil Code .'Section 3480. (h)- Property including but not : limited to. building exteriors which are maintained in•such condition as to: become so.,defective, un-.. sightly,, or in such condition of deterioration•or disrepair the same .causes depreciable diminution of.'the property values of surround- 'ing property or is mater.ial,ly , d'etrimenta'l to proximal properties. and im- provements. This includes but is not limited to the keeping or dispos- .: ing of or the scattering.over the property or premises of any of the following: 1. Lumber, junk; trash, debris, rubbish or garbage; 2. Abandoned, discarded-or unused object of equipment such as'automobiles, furniture,; stoves, refrigerators, freezers, . c-ans or. c6 tainers; 3. Stagnant water or•excavations.'- (i) Any building.or struciur&.wh ch_has any of the following conditions or defects to a •significant degree: i 1. Whenever any door - ,;aisle, passageway, stairway, or other means of exit is not sufficient width or size, or is not so arranged as to provide safe.and adequate means of exit, in case of fire or panic, for all persons housed or assembled therein who would be re- quired,to, or might use such door, aisle., passageway, or.other means of -exit. 2.. Whenever any portion thereof has been damaged by earthquake, wind, flood, or by,any..other cause,. in such a manner that the structural strength or stability thereof is appreciably less than the minimum requirements of the Uniform Building Code for a new building or similar structure, purpose or location. 3. Whenever any portion or member or appurtenance there- of is likely to fail, or.to become _ or dislodged, or to collapse . and thereby injure persons or.damage property. 4. Whenever any member, appurtenance or ornamentation on the exterior of a building is.not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting wind pressure and earthquake - forces as specified in the Uniform Building Code without exceeding the working stresses permitted in the,Uniform Building Code 5. Whenever any portion thereof has wracked, warped, buckled or settled to such An extent-that walls or other structural portions have materially less res.i.stance to winds or earthquakes than is required in the.cas;e of new construction. 6. Whenever the building..or structure, or any portion thereof, because of dilapidation, deterioration; -decay, faulty con- struction, or because.of the removal or movement of some portion of the ground necessary for the,purpose of supporting such building or portion thereof, or some other cause is likely to partially or com- pletely collapse, or some portion of the foundation or underpinning.is likely to fall or give way. 7. Whenever, for any reason whatsoever, the.building or structure, or any portion thereof - is manifestly,unsafe for the pur- pose for which it is used. -5- 8. Whenever -the stress in any materials,, member or - p ton„ thereof, due to all dead and live loads is more than one and one- half (1,1/,2) times the working stress -or stresses allowed in the Uniform Building, Code'for new buildings of similar structure, purpose or location. 9. Whenever the building or, structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or de- teriorated as to become an attractive nuisance to children who might play therein to their danger, or as.to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons-,to resort thereto for the pur= pose of committing nuisance or unlawful or immoral acts. 10. Any building or structure which has been constructed or which now exists or is maintained.in'violation of any specific require- ment or prohibition, applicable to such building or structure, of the building regulations of this City, as set forth in the Uniform Building Code State Housing Code, or of any law or.,ordinance of this State or City relating to the condition, location or structure of buildings.. 11. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, failing spetic systems or faulty construction of arrangement, or otherwise, is unsanitary or unfit-for human habitation,or is in a condition that is likely to cause sickness or disease when so determined by the Health Officer, or is likely to work injury to the health, safety or general welfare of those living within. 12. Whenever the building or structure, used or intended . to be,used for dwelling purposes,._has light, air, and sanitation fac- ilities inadequate to protect the health, safety or general welfare.of persons living within.. 13. Whenever any building or structure, by reason of ob- solescence, dilapidated- condition, deteriorat ,ion,.damage,.electric wir- ing, gas connections, heating apparatus,, inadequate exits or other cause, is determined by the Fire Marshal to be-a fire hazard. 14. Any ,building which meets the definitions of a sub- standard building as defined in the Uniform Building Code.. M 15 Buildings or structures maintained i Vi o lat ion of Section 20.3 of the Uniform Building Code of the.City. 16. Whenever the exterior walls or other vertical struc- tural members list, lean or buckle to.such ari extent that a plumb line passing through the center of gravity does not fall inside the middle one -third (1/3) of the base. Section 7.5. NOTICE TO.REPAIR, VACATE AND REPAIR, OR DEMOLISH If any official of the City of Petaluma, in his official cap- acity, finds that any building or structure or any portion thereof is a fire health hazard, he shall report the same to the Building Official. If the Building Official f °indsthat any building or t s,tructure, or portion thereof, is unsafe, dangerous or a hazard, .or if the Fire Inspector or the Health Officer or other official has reported to him that any build - ing.or structure or portion thereof is.a fire or health hazard, he shall prepare a notice in writing, stating in detail the conditions which render the building or structure or portion thereof, a nuisance as defined �n this Chapter. The notice shall be forwarded to the Board and a Copy mailed to the owner. Section 7.5. NUISANCE AND ABATEMENT HEARING BOARD, ESTAB LISHMENT THEREOF AND DUTIES THEREOF. There is'hereby established a Nuisance and Abatement Hearing Board consisting, of three (3) citizens ap- poin.ted.and selected by the City Council to serve for staggered terms: one term for two (2) years, the second term for three (3) years, the third term for four (4) years. The City Council shall also appoint an alter- nate member.to serve for a term of four (4) Years and.to serve whenever one of the three official members is unable to serve by reason of conflict of interests or if, for any reason, declines to serve as. a member of the Hearing Board in any one particular matter. The duties of the Board created hereunder shall be to make recommendations and find whether or not any premises within this City may be maintained contrary to one or more of the provisions of this Chapter, or may be an unsafe building within the provisions of the Uniform Building Code heretofore adopted by the City. Whenever the Board finds,, based upon the report and rec:om- -7- mend'ation made'by the Building Official other enforcing Official; that any premises within the City may be maintained contrary to one. or_ more of of this Chapter,.:.then the Board shall, by res o.lution',.declare its-intent to conduct a'public hearing to ascertain .whether the.same constitutes a public nuisance, the abatement of which is appropriate under the power of this'City. The said resolu- tion shall describe the premises involved by address and shall further describe the property by giving the lot•block number thereof, and shall. give a brief.description of the conditions contrary-to, provisions of this Chapter and any other applicable law of this.City plus a brief statement of, the methods of abatement thereof. Section 7.7.. MAINTENAN912 OF PROPERTY. NOTICE OF HEAR ING TO ABATE NUISANCE Within I days after the passage of said resolution by the Board, the City Clerk of the City of Petaluma shall direct the Building Official to cause to be conspicuously posted on the premises a certified.copy of such resolution, and a notice of the time and place of hearing before the Boa °rd, which said notice shall be titled: "NOTICE'OF HEARING" in letters not less than one inch in height, and shall be substantially in the following form: NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND.TO ABATE IN WHOLE OR PART Notice is hereby given that on the, day of , the Nuisance and Abatement Hearing Board of the.City of Pet- aluma passed,a resolution declaring its intent to ascertain whether certain.premises situated in the City of•Petaluma, State of California, known and designated as , in said City, and more-particularly-described as Lot No. Tract No. , constitute a public nuisance subject.to abate- ment.by the rehabilitation of such premises or by the repair or demoli- t on -of buildi -ngs or- structures situated thereon. If said premises; in whole or part, are "found -to constitute _a public nuisance as defined by . Section 7.4. of this Code, and i*f :the' same are not . promptly abated by the owner,. such nuisance s. may be' abated by :municipal authorities, in.which.case.the cos.t such rehabilitation, repair or demolition will be assessed upon such premises and-such c -ost -will constitute. a lien upon such land until paid. (Reference is hereby made to Resolution No. on file with the City Clerk of- the City of Petaluma, for fur- ther particulars.) Said alleged consist of the following: The methods*of: abatement'available.are: All persons having.any.objection to, or interest in said matters are hereby notified to attend.a.meeting.of the Nuisance and !Abatement Hearing Board of-the City of.Petaluma to be held on the day, of , at the.. hour.-of m., when their evidence will.be and given due - consideration. DATED:-This: day of 19 City Clerk of the City of-Petaluma- Section 7.8.. MAINTENANCE OF PROPERTY POSTING AND.SERV ING NOTICE OF NUISANCE HEARING The City Clerk.shall cause-to be served upon-the owner and Deed of Trust or like . lien - holder -of each of the af- fected premises,.one copy of said notice and a certified copy of the Resolution of the-Board, in accordance with the provisions-of Section 7.7. hereof: -Said .Notice and Res ution shall be posted and .:served, as• aforesaid, at least Y'0� !� days before the time fixed for such hearing"; proof of- ;posting and service of such.notices' and Resolution shall be made - by" affidavit filed' with the Board., Section - 7.9.- MAINTENANCE PROPERTY. FORM OF PROPER SERVICE.OF NOTICE OF NUISANCE HEARING Service of said notice and Resolution shall be by.personal service.upon the owner of..the.:'affected premises as such owner's name and address'- appear on the.last.equa.lized assessment roll if-he is found within the City limits; or if,.he is not- found within the City limits, by de a'copy of said notice and Resolution in the U. S: ' postal service, - enclosed in a sealed envelope, and with the postage thereon fully prepaid. Said mail shall be regis- tered or certified and addressed to said owner at the last known ad dress of the said owner, and if there is,no known address, then iri. care of the property-address. The service is.complete at the time`of such deposit. "Owner "'as',.used herein shall.mean any person in pos- session and also any person having or claiming to,have. any legal or equitable.interest in said premises as disclosed by a title search from any accredited title company. The failure of any person to re- ceive,such notice shall not affect the validity of any proceedings hereunder.. Section 7.10.. MAINTENANCE'OF PROPERTY. NUISANCE HEAR ING BY „NUISANCE AND ABATEMENT.HEARING BOARD (a) At the time stated in the Notice, the Board shall hear ,and consider all relevant evidence, objections or protests, and shall receive testimony from owners; witnesses,-City. personnel and - interested persons relative to such alleged public nuisance and to proposed reha -. blitation, repair.. . or demolition of such premises. Said hearing may be continued from time to.time. (b) Upon the conclusion of said hearing, the Board shall, based upon such hearing, determine whether the premises, or any part 1 0: thereof - as maintained constitutes - a p ublc nuisance as defined herein. If t.the Board.finds,that,such public nuisance does exist and:that.there is to rehabilitate, demoli,sh.or repair the same, 'the Board shall prepare and file with _ the - City.Councl, a resolution con- taining report of.such,findings and of its,.recommendations. with re- spect to the abatement thereof. A copy of.such.resolution shall be served upon all owners pursuant to Section 7. hereof. Section 7.11. THE BOARD MAY.REQUEST REPORTS OF OTHER DEPARTMENTS. (a) Whenever, in the course of any proceedings taken.. hereunder, the Board shall have cause to require additional evidence. as'to.whether or not . any building or structure or property is.a fire_ or life hazard or is detrimental to the healtli'of the persons living therein in comparison with.buildings.or structures constructed in accordance with the minimum requirements of the Uniform Building Code, the ,Board may request.that the same be inspected by any officer of the City who may provide information pertinent to the proceedings. (b) The officer to which such request is directed shall.cause the building or structure to be inspected with,particular reference to characteristics.inquired.abo:ut and a report _thereof, in writing, shall be transmitted to the Board within five (5) days of the receipt of the request for such_ The report shall be con- sidered along with other evidence at the hearing. Section 7.12. MAINTENANCE OF PROPERTY. ACTION BY CITY COUNCIL NO APPEAL HEARING In the absence of any appeal as set forth in Section 7.13. hereof, the City Council, upon,-receiving such report from the Board, may by resolution declare such premises to be a public nuisance and order the abatement of the same within thirty (30), days.by having such premises, building or structures rehabilitated, repaired or demolished in the manner and means spec- ifically set forth in said resolution. Section 7.13. MAINTENANCE OF PROPERTY. ACTION BY CITY COUNCIL - APPEAL ON'NUISANCE HEARING -11 (a), Appeal: Any person entitled to service under Section 7.9i hereof may appeal from the decision of the Board by filing at the offic!e.of the City Clerk 10 days from the date of ser- vice.of such decision, a written, dated appeal containing: 1. A heading in the words "`Befor.e.the.City Council 2. A'caption reading "Appeal of giving the names of all appellants participating in the appeal; 3. A brief.statement sett -ng forth the legal interest of each-.of the appellants in the building or -the land involved in the notice,and order;; 4. A statement in ordinanry and concise language - of the- specific order or' action protested, together with any material facts supporting the contentions-of. the.appell ant � 5. The.signatures of all parties -named as:appellants,. and their - official mailing address; and 6'. The verification of at least one appellant as to- the truth.of the matters stated in the appeal. (b) Hearing: As soon as practicable after receiving the written'; appeal,. the ,City Clerk shall set a. date. for hearing of ,the appealIby City Council which date shall not be less than ten (10) days nor;more than ,forty-five (45) days from the date the appeal was. filed. Written notice of the,time and place of the hearing shall be given -at least ten (10) days prior to the,date of the hearing to each -. app.e -llant .by. the "City- Clerk, .either by causing a copy of-..such, notice to.be delivered.to the appellant personally or, by mailing a copy.:there_ of, po,stage prepaid, addressed to the appellant at his address shown on, the, appeal. Continuances of the. hearing may be granted, by the. City, Council on motion of either party for good cause shown, or on the City Council's own mot =ion. -12- (c) Decision: Upon the conclusion of the - hearing on. such Appeal:,, the..Ci.ty Council shall,, by Resolution, either: 1,. Reverse the decision of the ;Board and terminate the pro c e ed ing-s 2. Confirm the cause and decision of the Board; or 3. Modify such decision based upon evidence adduced at said hearing. In the cases of alternatives (2) or (3), the Resolution shall declare such premises to,;be publ,ic.nu.sance and order the abatement of the,same within thirty` (30) days by.havi'ng such premises, buildings or structures rehabilitated, repaired.or demolished in the manner and means specifically set forth in said.Resolution. Section 7.14. MAINTENANCE OF PROPERTY.. SERVICE ON OWNER OF' RESOLUTION TO ABATE NUISANCE A copy of the resolution -of the City Council ordering the abatement of,said nuisance shall be served upon the,owners of.said property accordance with the provisions.of Section. 7.9.1 and shall contain a detailed -list of needed corrections and abatement methods. Any property owner-shall have the -right to have any such,'premises rehabilitated or to have such buildings or.structures de -. molished or repaired in accordance with.said.resolution. and at his own expenses provided tle.same is done prior to the,,expiration of said thirty (30) day abatement period. Upon such ; 'abat:ement in full by the owner, then proceedings hereunder shall terminate.. Section 7:15:" MAINTENANCE OF PROPERTY,. NUISANCE ABATE MENT BY CITY If .. su.ch, nuisance is not completely abated as directed by the owner within said thirty (30) day period then the,City.Council may direct.the City Manager to cause the same,,to be abated by C t force_- or private contract and the City ManagertF_-, expres ly authorized to en- ter' said premises for such purpose a. Section 7.16. MAINTENANCE OF PROPERTY., RECORD OF-COST FOR NUISANCE., ABATEMENT The City Manager.,or his - authorized agent sh ll..keep an account of the -13- Cost (including incidental ,expens'es) of abating such' nuisance on each separate lot, or parcel.of land where the work is done and shall ren der an itemized report in writing to the said City Council showing the "cost of abatement and the rehabilitating., demolishing or repair- ing of said premises.; buildings or structures,'including any salvage value relatingtheret'o; provided; that before.said report is submitted to said City Council, a copy of the same shall ,be posted for at least five (5)-.days upon such.premise °s, together,,with notice of the time when said report shall be heard by the City - ,Council for confirmation; a copy of said report and notice shall be served upon the owners of said property,jin accordance with the provisions'of Section 7.9. hereof at least five (5) days prior to submitting -`the same the City,Council; proof of said posting and service shall be made by affidavit filed with the City Clerk. The term "incidental expenses" shall include, but'not be limited to, the actual. expenses and costs the City in the prepar- ation of notices,..specifications and contracts,, and in inspecting the work, and the costs of printing and mailing required hereunder. Section MAINTENANCE OF : PROPERTY. ASSESSMENT OF COSTS AGAINST PROPERTY = LIEN The total cost for abating. such nuisance, as so confirmed by the City'Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a Notice of Lien as so made and confirmed, shall consti- tute a lien. on said property for the amount of such assessment. (a) After' such.con'firmation and recordation, a copy may be turned over to the Director of Finance - .or Tax Collector for the City, whereupon it shall be the duty of said Director of Finance or Tax. Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and par- eels of land for municipal purposes, and thereafter said amounts shall be collected at the same time a -rid in the same manner as ordinary municipal taxes are collected, and',shall be subject to the same pen- - 1.4� -- i&s,and the same procedure-'under foreclosur'' e e and sale in casof'._. delinquency as provided for-ordinary mundt�ipal taxes; or (b) After such recordation such lien may be foreclosed by judicial or other sa manner and meahs'.provided by law. (c) Such-Notice of Lien for recordation shall be in the form substantially.as follows: NOTICE OF LIEN (Claim of City of Pe Pursuant to the authority vested by the provisions of Section 7.15. of the Petaluma,City Code, the City,Manager of the City of Pet- aluma did on or about, the da y of 19 cause the•premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described to be re- paired or demolished in-order to abate a public nuisance on said real property; and the City Council of the City of Petaluma did on the day of 19 assess the cost of such rehabilitations, repair or demoliti-oh,upon the real property herein - after described; and the ;same ha's not been paid nor any part thereof; and that the said City of Petaluma does, hereby claim a lien on such rehabilitation, repair, :or demolit,ion the amount of said assessment, to wit; the sum of -,$ ; same shall'be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinabove mentioned, and upon,which a lien is claimed, i-s that certain parcel of - land lying being in' the,City of Petaluma, County of Sonom4, State of California, and partic-r ularly described as follows.; (Description) Dated this day of 19 City Manager the City of Petaluma -15,-- • Section T.18. DUTIES OF THE CITY-ATTORNEY� The City Attorney shall appear at the reTuest of the Board at any hearing befcre that Board in regard to dangerous and substandard building.s,and shall take such legal action as is necessary to.carry out the terms and pro- visions-of this Chapter under the ditectlon and control of the City Council, Section 7.19. EMERGENCY PROCEDURES. Whenever a struc- ture or any portion of a structure constitutes an, immediate hazard to life or property, and, in the opinion of the City Engineer, the con- ditions are such that repairs or demolition must be undertaken before the expiration of the period designated in the.Notice of Unsafe Build- ing, or before a hearing may be held by the Board or before the time within which an order of the Board requires the work to be commenced, he may make such alterations or repairs or demolish such portions or all of the structure As are necessary to protect life or property or both after giving such notice to the parties concerned as the circum- stances will permit or without. notice whatever when, in his opinion, immediate action is necessary, In enforcing this section, the City Engineer may use City forces or, when necessarymay employ anAndependent, contractor for demolition on forge account at cost,, plus fifteen percent (IS %), without prior authorization. of the Council. The cost involved in the Section above of demolition or repair shall be collected in the same manner a nd fashion as other- wise provided in this Chapter, Section ?.20. REVOLVING FUND, CREATION AND USES, For the purpose of providing for the advancement of costs in the enforcement of the provisions of this Chapter, there is hereby creat- ed a revolving fund.or funds from which the cost of enforcing the pro- visions of this Chapter shall be paid, and 'Into which may be paid the receipts from the collection of costs or fines imposed in the enforce- ment thereof. -16- Section 2. The be, - and she is hereby d'irected to post this ordinance in the -mann*er for the period as required by the City Charter. Ordered posted this 17th day of April., 1967, AYES: COUNCILMEN BATTAGLIA, BRAINERD CAVANAGH, JR-., COLIN, JOERGER, LIPMAN AND MAYOR PUTNAM. NOES: NONE, ABSENT: NONE. ,`Z 4a1Z Mayor Attest:_I, city•_C-Verk I m -17- Orle I ;hereby certify "iliat. the within n , 'ordinace -was posted in -_- p bop public . _tac eCX -- the City of Petaluma,,, to >wii:; In,XrX,K a the City ,Hall,, ...--- --• ............................................. ° ..........xa ................................................... -.._- .........on;the:...:lgth.:day of 'I hereby certify" that the whole number of. inembers' of 'the Council of the City- of Petaluma; :is seven,, 'and, the 'defeated' foregoing, ordinance_ wa"s)fXqYfX`by the Council at its meeting of: _15' ,. _:. -, day of 19 67_, by the following vote ao -witEl AYES:: ----- -- ------------------- COUNCILMAN: .. -: ---- AYES:;. CQUN,CILMAN COUNCILMAN ....... .. AYES':; CO.UNCILIv1AN - . .:. ..... ......... COUNCILMAN;. --------------------- --•--- --- -- -- -- --- ------ - - -- -- --- --- MAYOR... - °PUM ID NoES: .ati� _ i i a>z.- Battagl>a, -- Brainerd, Ca,v`anagh, 'Jr. Joerger', °& LI P_ ABSENT. _1 QSI _ ...................... - ..: . ..................... ATTE - -C J�- �-,./ ..... - -- ....... . . . ... (,SSt1h) _ CITY, .CLERK g g - - g defeated. The, fore ofn ' Ordinaiice Number..5�65 NeW Charter Se ies,. havin been regulaily`,_W" and, presented 'to, me this _1 da of ma-y 19 6 7: - is',hereb a roved by me this, '6th_ :, - „day Y — Y PP h of' .. ...:........... .._- ....- . -._... M'ay� 19.67..- Effective. date, -: MAYOR.