[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 1196 and 1219-13.
[Amended 4-3-2023 by Ord.
No. 1284]
That certain document in book form entitled "2006 International
Property Maintenance Code" 2006 Edition, published by International
Code Council. One copy of which is now on file in the office of the
Building Official of the City of Oakdale, is hereby adopted by reference
as the Housing Code of the City of Oakdale.
[Amended 4-3-2023 by Ord.
No. 1284]
The Property Maintenance Code adopted in this article is hereby
modified by the following amendments, additions and deletions.
Section 102.3 Application of other Codes is amended to
read as follows:
Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of the California Building Code, California Plumbing Code,
California Mechanical Code, and the California Electrical Code.
Section 103 Department of Property Maintenance Inspection
is deleted.
Section 107.1 Notice and Order is amended to read as follows:
Whenever the building official determines that there has been
a violation of this code or has grounds to believe that a violation
has occurred, notice shall be given in the manner prescribed in Sections
107.2 and 107.3 to the recorded owner of the building. Notices for
condemnation procedures shall also comply with Section 108.3.
Section 107.2 Form is amended to read as follows:
Such notice prescribed in Section 107.1 shall contain all of
the following:
1. The street address and legal description sufficient for identification
of the premises upon which the building is located.
2. A statement that the building official has found the building
to be substandard, with a brief and concise description of the conditions
found to render the building dangerous under the provisions of this
title.
3. A statement of the action required as determined by the building
official.
3.1. If the building official has determined that the building
or structure must be repaired, the order shall require that all required
permits be secured therefore and the work physically commenced within
such time (not to exceed 60 days from the date of the order) and completed
within such time as the building official shall determine is reasonable
under all of the circumstances.
3.2. If the building official has determined that the building
or structure must be vacated, the order shall require that the building
or structure shall be vacated within a certain time from the date
of the order as determined by the building official to be reasonable.
3.3. If the building official has determined that the building
or structure must be demolished, the order shall require that the
building be vacated within such time as the building official shall
determine reasonable (not to exceed 60 days from the date of the order),
that all required permits be secured therefore within 60 days from
the date of the order and that the demolition be completed within
such time as the building official shall determine is reasonable.
4. Statements advising that if any required repair or demolition
work (without vacation also be required) is not commenced within the
time specified, the building official: (i) will order the building
vacated and posted to prevent further occupancy until the work is
completed, and (ii) may proceed to cause the work to be done and charge
the costs thereof against the property or its owner.
5. Statements advising: (i) that any person having any record
title or legal interest in the building may appeal from the notice
and order or any action of the building official to the building board
of appeals, provided the appeal is made in writing as provided in
this code, and filed with building official within 30 days from the
date of service of such notice and order, and (ii) that failure to
appeal will constitute a waiver of all right to an administrative
hearing and determination of the matter.
Section 107.3 is amended to read as follows:
Service of Notice and Order: The notice and order, and any amended
or supplemental notice and order, shall be served upon the record
owner, and posted on the property; and one copy thereof shall be served
on each of the following if known to the building official or disclosed
from official public records: 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 legal
interest of record in or to the building or the land on which it is
located. The failure of the building official to serve any person
required herein to be served shall not invalidate any proceedings
hereunder as to any other person duly served or relieve any such person
from any duty or obligation imposed by the provisions of this section.
Section 107.4 is amended to read as follows:
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 their 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 herein provided shall be effective on the date
of mailing.
Section 107.5 is amended to read as follows:
Proof of Service: Proof of service of the notice and order shall
be certified to at the time of service by a written declaration under
penalty executed by the person effecting service, declaring the time,
date and manner in which service was made. The declaration, together
with any receipt card returned in acknowledgement of receipt by certified
mail, shall be affixed to the copy of the notice and order retained
by the building official.
Section 107.6 is added to read as follows:
Recordation of Notice and Order: If compliance is not had with
the order within the time specified therein, and no appeal has been
properly and timely filed, the building official shall file in the
office of the county recorder a certificate describing the property
and certifying (i) that the building is a substandard building and
(ii) that the owner has been so notified. Whenever the corrections
ordered shall thereafter have been completed of the building demolished
so that it no longer exists as a substandard building on the property
described in the certificate, the building official shall file a new
certificate with the county recorder certifying that the building
has been demolished or all required corrections have been made so
that the building is no longer substandard, whichever is appropriate.
Section 107.7 is added to read as follows:
Penalties: Penalties for noncompliance with orders and notices
shall be as set forth in Section 106.4.
Section 107.8 is added to read as follows:
Transfer of Ownership: It shall be unlawful for the owner of
any dwelling unit or structure who has received a compliance order
or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling unit or structure
to another until the provisions of the compliance order or notice
of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgage or lessee a true copy of
any compliance order or notice of violation issued by the code official
and shall furnish to the code official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, acknowledging the
receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections
or repairs required by such compliance order or notice of violation.
Section 108.1.4 Unlawful structure, is amended to read
as follows:
An unlawful structure is one found in whole or in part that
was erected, altered or occupied contrary to law.
Section 110.4 Salvage materials, is deleted.
Section 111.2 Membership of Board, is amended to read
as follow:
The Building Code Board of Appeals shall hear and decide all
appeals made pursuant to section 111.1.
Sections 111.2 through 111.2.5 are deleted.
Section 111.7 is deleted.
Section 201.3 Terms defined in other codes is amended
to read as follows:
Where terms are not defined in this code and are defined in
the California Building Code, California Mechanical Code, California
Plumbing Code, California Fire Code or the California Electrical Code,
such terms shall have the meanings ascribed to them as stated in those
codes.
Section 303.2 Enclosures is amended to read as follows:
Private swimming pools, hot tubs and spas, shall comply with
California Building Code, Part 2 Volume 2, Section 3109.
Section 304.14 Insect screens is amended as follows:
Delete the words, "During the period from (date) to (date)".
Section 306.1 General is amended as follows:
Delete the words, "Handrails shall not be less than 30 inches
(762 mm) high or more than 42 inches (1067 mm) high measured vertically
above the nosing of the tread or above the finished floor of the landing
or walking surfaces. Guards shall not be less than 30 inches (762
mm) high above the floor of the landing, balcony, porch, deck, or
ramp or other walking surface," and replace with the words, "For the
height requirements of Handrails and Guards or Guardrails, see California
Building Code Sections 1014 Handrails and 1015.Guards"
Section 307.2.1 is deleted.
Section 307.2.2 is renumbered to "307.2.1"
Sections 307.3, 307.3.1 and 307.3.2 are deleted.
Section 401.3 is amended to read as follows:
Section 401.3 Light General. Every space intended for human
occupancy shall be provided with natural light by means of exterior
glazed openings in accordance with California Building Code Section
1205.2 or shall be provided with artificial light in accordance with
California Building Code Section 1205.3. Exterior glazed openings
shall open directly onto a public way or onto a yard or court in accordance
with California Building Code Section 1206.
Section 403.1 is amended to read as follows:
Section 403.1 Ventilation General. Every building shall be provided
with natural ventilation in accordance with California Building Code
Section 1203.4, or mechanical ventilation in accordance with the California
Mechanical Code. Section 403.2 is deleted.
Sections 403.3 through 403.5 are renumbered as follows:
Section 403.3 is renumbered to "Section 403.2"
Section 403.4 is renumbered to "Section 403.3"
Section 403.5 is renumbered to "Section 403.4"
Section 404.3 is amended to read as follows:
Section 404.3 Interior Space Dimensions. Interior space dimensions
shall be in accordance with California Building Code Section 1208.
Sections 404.4, 404.5, and 404.6 are deleted.
Section 404.7 is renumbered to "Section 404.4".
Section 501.1 is amended to read as follows:
Scope: The provisions of this chapter shall govern the minimum
plumbing systems, facilities and plumbing fixtures to be provided
in accordance with the California Plumbing Code and California Building
Code.
Sections "502.4, 502.4.1 and 503.2" are deleted.
Section 505.1 is amended as follows:
Delete the words "or tempered." Delete the word "International"
and replace with the word, "California."
Section 505.4 is amended to read as follows:
Water heating facilities shall be properly installed, maintained
and capable of providing an adequate amount of water to be drawn at
every required sink, lavatory, bathtub, shower and laundry facility
at a temperature of not less than 110 degrees Fahrenheit (43 degrees
Celsius). Water heater installation shall be in accordance with Chapter
5 California Plumbing Code.
Section 602.2 is amended to read as follows:
Section 602.2 Equipment and systems. Interior spaces intended
for human occupancy shall be provided with active or passive space-heating
systems capable of maintaining a minimum indoor temperature of 68
degrees Fahrenheit (20 degrees C) at a point 3 feet (914 mm) above
the floor on the design heating day.
Exceptions:
1. Interior spaces where the primary purpose is not associated
with human comfort.
2. For limited-density owner-built rural dwellings, a heating facility or appliance shall be installed in each dwelling subject to the provisions of Subchapter 1, Chapter 1, Title 25, California Code of Regulations, commencing with Section 74; however, there shall be no specified requirement for heating capacity or temperature maintenance. The use of solid-fuel or solar-heating devices shall be deemed as complying with the requirements of this section. If nonrenewable fuel is used in these dwellings, rooms so heated shall meet current installation standards.
3. When a passive solar energy collector is designed as a conditioned
area it shall comply with the California Energy Code, Title 24, Part
6. Non-conditioned passive solar energy collectors are exempt from
Title 24, Part 6.
4. Processing, storage and operation areas that require cooling
or special temperature conditions.
Section 602.3 Heat Supply is deleted.
Section 602.4 Occupiable work spaces is deleted.
Section 602.5 Room temperature measurement is deleted.
Section 604.2 Service is amended to read as follows:
The size and usage of appliances and equipment shall serve as
a basis for determining the need for additional facilities in accordance
with the California Electrical Code. Dwelling units shall be served
by a three-wire, 120/240 volt, single-phase electrical service having
a rating of not less than 100 amperes or as previously approved.
Sections 605.2, 605.3, 606.1 and 606.2 are deleted.
Section 701.1 is amended to read:
The provisions of this chapter shall govern the minimum conditions
and standards for fire safety relation to structures and exterior
premises, including fire safety facilities and equipment to be provided
in accordance with California Fire Code and California Building Code.
Section 702.1 is amended as follows:
Delete the words "International Fire Code" and insert the words,
"California Fire Code".
Section 702.3 is amended as follows:
Delete the words "International Building Code" and insert the
words, "California Building Code".
Section 704.1 is amended as follows:
Delete the words, "International Fire Code" and insert the words,
"California Fire Code".
Section 704.2 is amended as follows:
Delete the words "International Fire Code" and insert the words,
"California Fire Code".
Section 704.3 is amended as follows:
The paragraph titled, "Exception:" is amended to read:
Exception: Smoke alarms are permitted to be solely battery operated
in Group R-3 occupancy if previously allowed by code at time of installation
and in existing areas of buildings undergoing alterations or repairs
that do not result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl space or basement
available which could provide access for building wiring without the
removal of interior finishes.
Chapter 8 Referenced Standards is amended as follows:
Delete the entire table titled, "ICC".
