§ 10-1.15. Section 116 of the 2016 California Building Code—Replaced.

Section 116 of the 2016 California Building Code is replaced in its entirety to read as follows:

  Section 116.1 Abatement Procedures for Dangerous Buildings and Excavations.

 A. The Building Official shall inspect or cause to be inspected a building, structure or excavation where reasonable suspicion exists that said building, structure or excavation may be substandard, unsafe, or used in violation of this Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Housing Code, or any of the codes adopted by reference herewith.

 B. If, after inspecting the building, structure, or excavation, the Building Official determines that said building, structure, or excavation is unsafe, substandard, or used in violation of this Code or any of the codes adopted by reference herein, the Building Official shall give a written Notice and Order to the owner and, tenant/user of the building or property pursuant to the provisions of the Uniform Code for the Abatement of Dangerous Buildings or the Uniform Housing Code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed, or abated immediately.

 C. If a Notice and Order must be served upon the owner, tenant, or user of the building or structure, the Building Official shall assess the owner, tenant, or user of the building or structure all applicable fees required to cover expenses by the County in the processing of the Notice and Order to abate. Such processing fee shall be calculated at a rate as designated by resolution of the Board of Supervisors.

 D. Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds 75 percent of the valuation of the building prior to the disaster shall comply with the requirements of this Code.

  Section 116.2 Costs of Abatement or Compliance; Tax Lien.

 A. Any person, whether as principal, agent, employee, or otherwise, who maintains any premises in violation of any provision of this Code, Chapter 14, Grading Code of the Santa Barbara County Code, any of the adopted California Codes, or the State Housing Law shall be liable for and obligated to pay to the County all costs incurred by the County in obtaining abatement or compliance which is attributable to or associated with the enforcement or abatement action, whether such action is administrative, injunctive, or legal, and for all damages suffered by the County, its agents, officers, and employees as a result of such violation or efforts to abate the violation.

Periodically, and at the conclusion of the enforcement action, the Director of Planning and Development shall send a summary of costs/billing statement associated with enforcement to the owner of the subject property and/or responsible party by certified mail, or other service methods in accordance with California Code of Civil Procedure Section 415.20, as amended.

Any owner of the property who receives a summary of costs/billing statement shall have the right to a hearing before the Director of Planning and Development on their objections to the costs. The request for hearing shall be filed in writing within ten (10) working days of personal service or the date of mailing of the billing statement. The director shall hold a hearing on the objections within 30 days of the request for a hearing.

In determining the validity of costs assessed, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered shall include, but are not limited to, whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation or lack thereof provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

In the event that no request for a hearing has been filed, or after a hearing, the Director determines the validity of the costs, the billing statement shall be a final order and the owner shall be liable to the County in the amount stated in the billing statement or as determined by the Director in the hearing.

 B. If the final order on a summary of costs has not been paid within 45 days of notice thereof, these costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity pursuant to California Government Code section 54988 et seq.

  Section 116.3 Notice of Noncompliance. Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this Code, Chapter 14, Grading Code of the Santa Barbara County Code, the State Housing Laws, or any other code adopted herein, the Building Official may cause a Notice of Noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such action. The Notice of Noncompliance shall describe the property, shall set forth the non-complying conditions, and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the Notice of Noncompliance with the County Recorder when it has been determined by the Building Official that the non-complying conditions have been corrected.

  Section 116.4 Public Nuisance. Buildings or structures, or portions thereof, regulated by this Code which are unsafe, or not provided with adequate egress, or which constitute a fire hazard, or which are determined substandard under the provisions of the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, or the State Housing Law, or which are otherwise dangerous to human life, or which constitute a hazard to health, safety or public welfare by reason of inadequate maintenance, dilapidation, damage, obsolescence, or abandonment as specified in this Code, or any other effective ordinance, shall be declared unsafe buildings and shall be declared public nuisances and shall be ordered abated by repair, rehabilitation, removal, or demolition pursuant to the provisions of this Code. Public nuisances, as determined by the provisions of this section, shall require abatement under the provisions of Section 116 of this Code.

Section 116.5 Actions, Violations and Penalties.

 A. Any person, firm or corporation, whether as principal, agent, employee, or otherwise who violates any of the provisions of this Code, Chapter 14, Grading Code of the Santa Barbara County Code, or any other code adopted by reference herein is guilty of a crime. The offense may be filed either as an infraction or a misdemeanor at the discretion of the District Attorney.

 B. If filed as an infraction and upon conviction thereof, the crime shall be punishable by a fine not to exceed $100.00 for a first violation, a fine not to exceed $500.00 for a second violation of the same code provision within a period of one year, and a fine not to exceed $1,000.00 for each additional violation of the same code provision within one year of the first violation..

 C. If filed as a misdemeanor and upon conviction thereof, the crime shall be punishable by a fine of not less than $500.00 nor more than $25,000, or imprisonment in the County jail for a period not to exceed 90 days, or by both such fine and imprisonment, except that where such prior convictions, as either infractions or misdemeanors, are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by a jury trying the case, or by the court in a case where guilt is established by a plea of guilty or nolo contender, or by trial by the court sitting without a jury, the punishment shall be a fine of not less than $1,000 nor more than $25,000, or imprisonment in the County jail for a period not to exceed 180 days, or by both such fine and imprisonment.

 D. A person shall be guilty of a separate and distinct offense for each and every day, or portion thereof, during which any violation of this Code, Chapter 14, Grading Code of the Santa Barbara County Code, or any of the codes adopted by reference herein is committed, continued, or permitted.

  Section 116.6 Injunction.

 A. When the Building Official determines that a person is engaged in, or is about to engage in any act or acts which constitute a violation of the provisions of this Code, Chapter 14, Grading Code of the Santa Barbara County Code, the State Housing Law, any code hereby adopted, or any regulation, permit, covenant, standard, requirement, or other order issued, promulgated, or executed there under, the County District Attorney or County Counsel may make application to the Superior Court for an order enjoining such acts or practices, or for an order directing compliance, and, upon a showing that such person has engaged in or is about to engage in any such acts or practices, a temporary injunction, restraining order or other order may be granted.

  Section 116.7 Civil Remedies and Penalties.

 A.  General: Any person, whether acting as a principal, agent, employee, or otherwise who willfully maintains a substandard, hazardous, or other nonconforming structure or use in violation of this Code, Chapter 14, Grading Code of the Santa Barbara County Code, the State Housing Law, any code hereby adopted, or of any rule, regulation, order, or permit issued there under shall be liable for a civil penalty not to exceed $25,000 for each day the violation continues to exist.

 B.  Remedies Not Exclusive: The remedies or penalties provided by this Code are cumulative to each other and to other remedies or penalties available under all other laws of this State and shall not be construed to restrict any remedy provided by law.

 C.  Administrative Fine: Pursuant to Chapter 24A of the Santa Barbara County Code, an administrative fine may be imposed for any violation of this Chapter. The amount of said administrative fine and the procedures for the imposition of said fine shall be as specified in Chapter 24A.

(Ord. No. 4987, 12-13-2016)