Baird v. Bradley

BARNARD, P. J.

The defendant owned and occupied a frame residence located within Eire Zone I of the city of Porterville. This building, which was some 50 years old, was damaged by fire on March 20, 1949.

This action was brought to enforce the provisions of a city ordinance prohibiting the erection of frame buildings in this zone, and requiring that alterations or repairs to a building so situated, which exceeded 50 per cent of the value of the existing building, should be made to conform to all of the requirements for new buildings as provided in the city building code adopted by ordinance, and as provided in the State Housing Act. The complaint alleged, among other things, that this building had been damaged by fire in excess of 60 per cent of its physical proportion within the meaning of the State Housing Act, and that the cost ,of any necessary repairs would exceed 50 per cent of the value of the building ; that by reason of the fire the building had become unfit for human habitation; that by reason of its partial destruction the building had become a nuisance within the terms of the State Housing Act, the general law, and the city ordinance ; and that the defendant, unless prohibited therefrom, intended to repair and alter this building in such a manner as not to comply with the State Housing Act and the city ordinances referred to in the complaint. The prayer was for a judgment declaring that the building, by reason of the fire, has become unfit for human habitation, is a nuisance and is dangerous to human life and detrimental to health; that the defendant be enjoined from repairing said residence except in compliance with the provisions of the State Housing Act and certain ordinances of the city of Porterville; that the defendant be required to demolish or remove the building and abate the nuisance; and that in the event he fails to do so the plaintiff be authorized to do this at defendant’s expense. The answer admitted, by failing to deny, all of the allegations of the complaint except with respect to the damage done by the fire, it being alleged in this connection that the building “was not burned or damaged to exceed 10 to 15 per cent of its cost or extent.”

The court found that all of the allegations of the complaint are true, and further found that the defendant had been

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given the written notices required by the provisions of the State Housing Act and the city ordinances, and that the defendant has failed and refused to remove the remaining portion of the building and abate the nuisance. Judgment was accordingly entered enjoining the defendant from repairing or remodeling the building; determining and adjudging the building to be a nuisance; ordering the defendant to commence the demolition and removal of the building within 30 days, and to have it entirely removed within 90 days; and further ordering the removal of the building by the plaintiff building inspector in the event this should not be done by the defendant. This appeal is from that judgment.