Stanislaus County, CA PROPERTY MAINTENANCE CODE

Section 102.3 Application of other Codes, is deleted in its entirety and replaced with the following:

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 Code Compliance Agency, is deleted in its entirety.

Section 108.1 Membership of Board, is deleted in its entirety and replaced with the following:

The Building Code Board of Appeals shall hear and decide all appeals made pursuant to Section 107.1.

Section 111.1.4 Unlawful structure, is deleted in its entirety and replaced with the following:

An unlawful structure is one found in whole or in part that was erected, altered or occupied contrary to law.

Section 111.4 Notice, is deleted in its entirety and replaced with the following:

Whenever the code 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 111.4.1 and 111.4.2 to the record owner of the building. Notices for condemnation procedures shall also comply with Section 111.4.

Section 111.4.1 Form, is deleted in its entirety and replaced with the following:

Such notice prescribed in Section 111.4.1 shall contain all of the following:

The street address and legal description sufficient for identification of the premises upon which the building is located.

A statement that the code 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.

A statement of the action required as determined by the code official.

3.1.

If the code official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor, 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 code official shall determine is reasonable under all of the circumstances.

3.2.

If the code 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 code official to be reasonable.

3.3.

If the code 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 therefor within 60 days from the date of the order and that the demolition be completed within such time as the code official shall determine is reasonable.

Statements advising that if any required repair or demolition work (without vacation also be required) is not commenced within the time specified, the code 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.

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 code official to the building code 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 111.4.2 Method of service, is deleted in its entirety and replaced with the following:

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 code 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 code 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 114.4.3 is added 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 code official. If no address of any such person so appears or is known to the code 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 111.4.4 is added 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 code official.

Section 111.4.5 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 code 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 or 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 111.4.6 is added to read as follows:

Penalties for noncompliance with orders and notices shall be as set forth in Section 109.4.

Section 111.6 Transfer of ownership, is deleted in its entirety and replaced with the following:

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, mortgagee 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 113.4 Salvage materials, is deleted in its entirety.

Section 201.3 Terms defined in other codes, is deleted in its entirety and replaced with the following:

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 deleted in its entirety and replaced with the following:

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 307.1 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 Section 1014."

Section 308.2.1 Rubbish storage facilities, is deleted in its entirety.

Sections 308.3 Disposal of garbage, 308.3.1 Garbage facilities and 308.3.2 Containers are deleted in their entirety.

Section 401.3 Alternative devices, is deleted in its entirety and replaced with the following:

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 1204.2 or shall be provided with artificial light in accordance with California Building Code Section 1204.3. Exterior glazed openings shall open directly onto a public way or onto a yard or court in accordance with California Building Code Section 1204.2.2.

Section 403.1 Habitable spaces, is deleted in its entirety and replaced with the following:

Every building shall be provided with natural ventilation in accordance with California Building Code Section 1202.5, or mechanical ventilation in accordance with the California Mechanical Code.

Section 404.3 Minimum ceiling heights, is deleted in its entirety and replaced with the following:

Interior space dimensions shall be in accordance with California Building Code Section 1208.

Section 501.1 Scope, is deleted in its entirety and replaced with the following:

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.

Section 505.1 General, is deleted in its entirety and replaced with the following:

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot and cold running water in accordance with the California Plumbing Code.

Section 505.4 Water heating facilities, is deleted in its entirety and replaced with the following:

Water heater installation shall be in accordance with Chapter 5 California Plumbing Code, 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 not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

Section 602.2 Residential Occupancies, is deleted in its entirety and replaced with the following:

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on R303.10 of the California Residential Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

Exception:

In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.

Interior spaces where the primary purpose is not associated with human comfort.

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.

When a passive solar energy collector is designed as a conditioned area it shall comply with the California Energy Code, Title 24, Part 6. Nonconditioned passive solar energy collectors are exempt from Title 24, Part 6.

AA.

Section 602.3 Heat Supply, is deleted in its entirety and replaced with the following:

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in R303.10 of the California Residential Code.

In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.

BB.

Section 604.2 Service is deleted in its entirety and replaced with the following:

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.

CC.

Section 606 Elevators, Escalators and Dumbwaiters, is deleted in its entirety.

DD.

Section 701.1 Scope, is deleted in its entirety and replaced with the following:

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.

EE.

Sections 702.1 General, and 702.2 Aisles, are amended as follows:

Delete the words "International Fire Code" and insert the words "California Fire Code."

FF.

Section 702.3 Locked doors, is amended as follows:

Delete the words "International Building Code" and insert the words, "California Building Code."

GG.

Section 702.4 Emergency escape and rescue openings, is amended as follows:

Delete the words "907.10 of the International Building Code" and insert the words "R314 of the California Residential Code."

HH.

Section 703.2 Unsafe conditions, is amended as follows:

Delete the words "International Fire Code" and insert the words "California Fire Code."

II.

Section 703.7 Vertical shafts, is amended as follows:

Delete the words "International Fire Code" and "International Building Code" and insert the words "California Fire Code" and "California Building Code."

JJ.

Section 704.1 Inspection, testing and maintenance, is amended as follows:

Delete the words "International Fire Code" and insert the words "California Fire Code."

KK.

Sections 704.1.1 Fire protection and life safety systems, 704.1.2 Required fire protection and life safety systems, and 704.1.3 Fire Protection Systems, are amended as follows:

Delete the words "International Fire Code" and "International Building Code" and insert the words "California Fire Code" and "California Building Code."

LL.

Sections 704.3 System out of service, and 704.3.1 Emergency implement, are amended as follows:

Delete the words "International Fire Code" and insert the words "California Fire Code."

MM.

Sections 704.4.2 Removal of existing occupant-use hose lines, and 704.4.3 Termination of monitoring service, are amended as follows:

Delete the words "International Fire Code" and "International Building Code" and insert the words "California Fire Code" and "California Building Code."

NN.

Sections 704.5.1 Fire department connection access, and 704.6.4 Smoke detection system, are amended as follows:

Delete the words "International Fire Code" and insert the words "California Fire Code."

OO.

Section 705.1 General, is amended as follows:

Delete the words "International Fire Code" and "International Residential Code" and insert the words "California Fire Code" and "California Residential Code."

PP.

Chapter 8 Referenced Standards, is amended as follows:

Delete the entire table titled "ICC."

(Ord. CS 1333 §13, 2022)