[Ord. No. 1243-16; amended 12-2-2019 by Ord. No. 1269; 4-3-2023 by Ord. No. 1284[1]]
[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".