Those certain documents in book form entitled 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volume 1, Chapter 1—Division II, Chapters 2 through 12, and Chapters 14 through 15 and 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volume 2, Chapters 16 through 28, Chapter 30, Sections 3001.1 and 3001.3, Chapter 31, Section 3114b.1, Exception 2, and Chapters 32 through 35 together with Appendices G, H, I, J, K and P thereto based on the 2021 International Building Code as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936 and published by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, one copy of which documents is now on file in the office of the city clerk of the city of Patterson, except as to portions thereof are herewith specifically amended, deleted and added to, are hereby adopted by reference together as the "California Building Code of the city of Patterson," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson.
(Ord. 693 § 1, 2008; Ord. 728 § 1, 2012; Ord. 760 § 1, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement.
(Ord. 693 § 2, 2008; Ord. 728 § 2, 2012; Ord. 760 § 2, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
A. 
The name "Patterson" and/or "California" shall be inserted in the appropriate places provided therefor in each and every section of this code wherever the city or the state is left blank.
B. 
The term "building official" shall include the term "building inspector."
(Ord. 693 § 3, 2008; Ord. 728 § 3, 2012; Ord. 760 § 3, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
Chapter 1, Division II, Sections 105.5, 107.2.5.1, 110.3.10.1, 111.3 and 112.2 of the California Building Code, Title 24, Part 2, Volume 1 as set forth in said code are amended as follows:
Section 105.5
105.5 Expiration. Every permit issued by the Building Official under provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) calendar days from the date of said permit, or if such building or work authorized by such permit is suspended or abandoned at any time after the work has commenced for a period of one hundred eighty (180) calendar days, or if the building or work authorized by such permit is not completed seven hundred thirty (730) calendar days from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half (1/2) the amount required to obtain a new permit for such work provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year.
Any permittee holding an unexpired permit may apply for an extension of time within which he may commence the work under that permit when he is unable to commence work within the time required by this Section for good and satisfactory reasons. The Building Official may extend the time of action by the permittee for a period not exceeding one hundred eighty (180) calendar days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new permit fee.
Section 107.2.5.1
107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Title 17 of the Patterson municipal code.
Section 110.3.10.1
110.3.10.1 If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Title 17 of the Patterson municipal code shall be submitted to the building official prior to the final inspection.
Section 111.3
111.3 Temporary Occupancy. If any building or structure, including Group R3 or U occupancy, is to be occupied with the approval of the Building Official prior to the final inspection and/or final corrections, the occupant, owner, and contractor shall sign a Temporary Certificate of Occupancy prior to occupying the building agreeing to make all corrections required and/or listed within forty-five (45) calendar days of occupancy. If corrections are not completed within forty-five (45) calendar days, the Building Official shall have the authority to request the immediate discontinuance of the electrical service and/or the gas service by the appropriate utility and may file a notice on noncompliance with the County Recorder. The notice of noncompliance shall be removed by the Building Official only after all items requiring correction are completed.
Section 112.2
112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
Temporary electrical or gas connection to the electrical or gas source for a period not to exceed forty-five (45) calendar days may be granted prior to the final inspection if in the opinion of the Building Official the service is safe. If after forty-five (45) calendar days the structure or building has not passed final inspection, the Building Official shall have authority to request the serving utility to disconnect the service.
(Ord. 760 § 4, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
Chapter 1, Division II, Section 113 of the California Building Code, Title 24, Part 2, Volume 1 as set forth in said code, is amended and added to as follows:
Section 113, Board of Appeals
The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from the Administrative Authority. Any person dissatisfied with any decision of the building official may appeal in writing to the City Council of the City of Patterson, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing a time not later than the next regular meeting of the Council and shall notify the appellant by mail of such hearing, and the such hearing may take evidence as it shall deem proper, and shall render all decisions and finding in writing to the building official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
The City Council may, at its discretion, delegate and appoint a Board of Appeal and/or a Disabled Access Board as described in Sections 114.9—114.13, 117 and/or Section 118 adopted by this Code and serve at its pleasure.
(Ord. 760 § 5, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
Chapter 1, Division II, Section 114 of the California Building Code, Title 24, Part 2, Volume 1, is amended by adding sections thereto, to read:
Section 114 - Violations and Notices and Orders of Building Official
114.1 First Notice - Commencement of Proceedings. When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is substandard or a dangerous building, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building.
114.2 Notice and Order. The Building Official shall issue a notice and order notifying the owner of the building and any mortgagee or beneficiary under any deed of trust, of record, as follows:
114.2.1. The street address and a legal description sufficient for identification of the premises upon which the building is located.
114.2.2 A statement that the Building Official has found the building to be substandard or dangerous shall state the conditions causing the building to become substandard or dangerous in violation of Section 116 of this code or as defined by the Housing Code or Dangerous Buildings Code as adopted by the City, and shall order the building, or portion thereof, vacated and shall institute proceedings for the correction or abatement thereof, either by demolition, closing or repair, within 30 days after the date of the notice. If, in the opinion of the Building Official, these conditions can be corrected or abated by repair thereof the notice shall state the repairs which will be required.
114.2.2.1 If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within 30 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.
114.2.2.2 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 30 from the date of the order.
114.2.2.3 If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within 30 days from the date of the order, that all required permits be secured therefor within 30 days from the date of the order and that the demolition be completed within such time as the building official shall determine is reasonable.
114.2.3 If the building is encumbered by a mortgage or deed of trust, of record, and the owner of the building has not complied with the order of the Building Official on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30-day period, comply with the requirements of the order of the Building Official, in which event the cost to the mortgagee or beneficiary shall be added to and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.
114.2.4. If the order of the Building Official has not been complied with on or before the expiration of 45 days after the mailing and posting of the notice, Building Official may institute an appropriate action or proceeding to correct or abate the condition, as would be taken to correct or abate any nuisance or any violation of any other provision of this code or, as an alternative procedure, the Building Official may institute proceedings for the abatement of the nuisance, after notice and hearing, before the Board of Appeals as described in Section 113 of this Code.
114.2.5. Statements advising (1) 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 Board of Appeals, provided the appeal is made in writing as provided in this code, and filed with the building official within 30 days from the date of service of such notice and order, and (2) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
114.3 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:
114.3.1 The holder of any mortgage or deed of trust or other lien or encumbrance of record;
114.3.2 The owner or holder of any lease of record;
114.3.3 Any tenant within the building;
114.3.4 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.
114.4 Method of Service. Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the last equalized assessment roll of Stanislaus County recorded documents or as known to the Building Official. A copy of the notice and order and any amended or supplemental notice of violation or notice and order shall also be posted on the premises.
114.4.1 In lieu of personally serving the owner or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:
114.4.1.1 In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:
114.4.1.2 By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;
114.4.1.3 By leaving a copy at the recipients dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing, by first class mail, a copy to the recipient at the address where the copy was left.
114.4.1.4 Posting on place of business in visible location.
114.4.2 In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be as set forth in section 114.4.1.4 above upon the property manager or rental agency.
114.4.3 If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
114.4.4 If the owner of the property cannot be located, or service cannot be effected as set forth in this Section, service may be made by publication in a newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
114.5 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 of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official.
114.6 Recordation of Notice and Order. If compliance is not had with the notice and 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 (a) that the building is a substandard or dangerous building and (b) 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 or dangerous 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 or dangerous, whichever is appropriate.
114.7 Repair, Vacation and Demolition
The following standards shall be followed by the Building Official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any substandard or dangerous building or structure:
114.7.1 Any building declared a substandard or dangerous building under this code shall be made to comply with one of the following:
114.7.1.1 The building shall be repaired in accordance with the California Building Code or other current code applicable to the type of substandard or dangerous conditions requiring repair; or
114.7.1.2 The building shall be demolished at the option of the building owner; or
114.7.1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.
114.7.2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
114.8 Notice to Vacate
114.8.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 114.3 of this code, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
_____________
Building Official
____________
City of Patterson
114.8.2 Notice. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued under Section 114.2 of this code, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a temporary or permanent certificate of occupancy issued pursuant to the provisions of the California Building Code as amended and adopted by the City.
(Ord. 760 § 6, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
If delegated by the city council as adopted by Section 113 of this code, Chapter 1, Division II, Section 114 of the California Building Code, Title 24, Part 2, Volume 1, is added thereto to read:
114.9 APPEAL OF VIOLATIONS AND NOTICES AND ORDERS OF THE BUILDING OFFICIAL
114.9.1 Right of Appeal. Any person having any record title or legal interest in the building may appeal from any notice of violation or notice and order or any action of the Building Official under this section by filing at the office of the Building Official within thirty (30) calendar days from the date of service of the notice of violation or notice and order, or the date of the action of the Building Official, a written appeal as specified below.
114.9.1.1 The written appeal must contain a brief statement setting forth the legal interest of each of the appellants in the building or the land subject to the action of the Building Official or involved in the notice of violation or notice and order. The written appeal must contain a brief statement in ordinary and concise language of the specific order, action and/or Building Code section under protest, together with any material facts that support the contentions of the appellant.
114.9.1.2 The written appeal must contain a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed, why the protested order or action should be reversed, modified, or otherwise set aside.
114.9.1.3. The written appeal must contain signatures of all parties named as appellants and their official mailing addresses.
114.9.1.4 At least one (1) appellant must submit a declaration under penalty of perjury as to the truth of matters stated in the appeal. This declaration must be submitted with the written appeal itself.
114.10 Appeal Fee. The Building Official shall collect and require an appeal fee to be paid at the time any appeal allowed by this code is filed. The appeal fee shall be as adopted from time to time by resolution of the City Council of the City of Patterson. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The Building Official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the decision of the Building Official notice of violation or notice and order, and other factors indicating good faith attempts to comply with the decision of the Building Official, notice of violation or notice and order.
114.11 Abatement Proceedings
114.11.1. Jurisdiction to Abate. Thirty days after the posting of the copies of the resolution declaring any building a nuisance, the Board of Appeals shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is abated by the owner or other person interested within the 30-day period or any extension thereof granted by the Board of Appeals as provided for in this code. In the event that the nuisance is not abated within the time prescribed the enforcement agency may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision.
114.11.2. Second Notice. If the owner has not appealed the notice and order of the Building Official as described in Section 114.2 and if the Building Official determines to proceed with the abatement of the nuisance through proceedings instituted before the Board of Appeals, it shall give a second notice in the same manner as set forth in Section 117 directing the owner of the building to appear before the Board of Appeals at a stated time and place and show cause why the building should not be condemned as a nuisance, and the nuisance be abated as provided in this code. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, in the manner prescribed in Section 114.3. The notice shall be headed "Notice to Abate Nuisance" in letters of not less than three-fourths of an inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building situated at______________ is hereby notified to appear before ______________ the Board of Appeals of the City of Patterson at its meeting to be Held _________, 20____, at ____________ (place of meeting) at the hour of __________ o'clock__p.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be condemned as a public nuisance and the nuisance be abated by reconstructing or properly repairing the building or by razing or removing it.
Dated ______________________
_____________________________
City of Patterson
By _________________________
Building Official
The Building Official giving such notice shall file an affidavit of posting and mailing in the manner required by Sections 114.3, 114.4 and 114.5, but the failure to any owner or other required by such notice shall not affect in any manner the validity of any proceeding taken hereunder.
114.12 Performance of Work of Repair or Demolition
114.12.1 Procedure. When any work or repair or demolition is to be done pursuant to Section 114.11, of this code, the building official may cause the work to be accomplished by city personnel or by private contract under the direction of the building official. Plans and specifications therefor may be prepared by the building official, or the building official may employ such architectural and engineering assistance on a contract basis as may be deemed reasonably necessary.
114.12.2 Costs. The costs of such work may be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.
114.12.3 Repair and Demolition Fund. The legislative body of this jurisdiction may establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the demand of the building official to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.
114.12.4 Maintenance of Fund. The legislative body may at any time transfer to the repair and demolition fund, out of any money in the general fund of the city, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections herein after provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund.
114.13 Demolition - Sale of Materials
114.13.1. The building materials contained in such building so razed or removed may be sold by the governing board at public sale to the highest responsible bidder after not less than five days' notice of intended sale published at least once in a newspaper of general circulation published in the city, either before or after said building has been razed or removed and any amount received from the sale of such building materials shall be deducted from the expense of razing or removing said building.
114.13.2. The Building Official shall keep an itemized account of the expense involved in the razing or removing of any such building and shall deduct therefrom the amount received from the sale of the building materials. The Building Official shall cause to be posted conspicuously on the property from which the building was razed or removed a statement verified by him showing the gross and net expense of the razing or removing of such building together with a notice of the time and place when and where said statement shall be submitted to the Board of Appeals for approval and confirmation and at which time said Board of Appeals shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work and any other interested persons. A copy of said statement and notice shall be mailed in the manner prescribed in Sections 114.3, 114.4 and 114.5 and an affidavit of such posting and mailing shall be filed in the manner prescribed in said section. The time for confirmation shall be not less than five days from the date of the posting and mailing of said statement and notice.
114.13.3 Statement of Expense.
114.13.3.1 At the time fixed for the hearing of the statement of expense provided for in section 114.13, the Board of Appeals shall consider the statement, together with any objections or protests which may be raised by any of the property owners liable to be assessed for doing the work and any other interested persons; and thereupon said Board of Appeals may make such revision, correction, or modification in the statement as it may deem just, after which, by motion or resolution, said report as submitted, or in the event any revisions, corrections or modifications have been ordered made by said Board of Appeals then said statement as revised, corrected or modified, shall be confirmed. The Board of Appeals may adjourn said hearings from time to time and its decisions on said statement and on all protests and objections which may be made shall be final and conclusive.
114.13.3.2 In the event that the cost for razing or removing the nuisance exceeds the proceeds received from the sale of any materials, then the amount of the net expense of abating the nuisance, if not paid within five days after the decision of the Board of Appeals on its statement, shall constitute a lien on the real property upon which the same was abated or removed, which lien shall continue until the amount thereof and interest thereon at the rate of 6 percent per annum, computed from the date of confirmation of the statement until paid, or until it is discharged of record.
This lien shall, for all purposes, be upon parity with the lien of State, county, and municipal taxes. In the event of nonpayment, the Board of Appeals shall, at any time within 60 days after the decision of the Board of Appeals on the statement, cause to be filed in the office of the Stanislaus County recorder a certificate substantially in the following form:
Notice of Lien
Pursuant to the authority vested in the undersigned by Ordinance _____ of the City of Patterson, the undersigned did on the________ day of ____________ 20__, cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the day of________, 20___, by action duly recorded in its official minutes as of that date, assess the cost of the abatement, less the amount received from the sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Patterson does hereby claim a lien on the real property for the net expense of the doing of the work in the sum of $__________, and the same shall be a lien upon the real property until the sum, with interest at the rate of 6 percent per annum, from the day of _____, 20___, has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Patterson, County of Stanislaus, State of California, and particularly described as follows:
Dated ___________________________
City of Patterson
By ______________________________
Building Official
114.13.3.3 From and after the date of the recording of said notice of lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the City to enforce the payment of said lien.
114.13.3.4 In the event that the amount received from the sale of material exceeds the expenses of razing or removing such building, then such excess shall be deposited with the City treasurer to the credit of the owner of said property or to such other person legally entitled thereto, and such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership satisfactory to said City treasurer.
(Ord. 760 § 7, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
If delegated by the city council as adopted by Section 113 of this code, Chapter 1, Division II, Section 117 of the California Building Code, Title 24, Part 2, Volume 1, is added thereto, to read:
Section 117 Board of Appeals
117.1 General. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, the California Residential Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Energy Code, the California Existing Building Code, the California Green Building Standards Code, the California Historical Building Code, Dangerous Buildings Code, the Housing Code and the Flood Damage Prevention Regulations, to hear appeals provided for in said codes and regulations there shall be and is hereby created a Board of Appeals, hereinafter referred to as the Board, consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall act as Secretary of the Board. The members of the Board shall be appointed by the City and hold office in accordance with the provisions of the City of Patterson.
117.2 Authority to Adopt Rules. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official within thirty (30) calendar days of the hearing with a duplicate copy to the appellant. The Board may recommend to the Council of the City of Patterson such new legislation that is consistent therewith.
117.3 Adopted Code Applicable. Except as otherwise provided in this Code, the California Residential Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Energy Code, the California Existing Building Code, the California Green Building Standards Code, the California Historical Building Code, the Dangerous Buildings Code, the Housing Code and the Flood Damage Prevention Regulations, the Board shall hear appeals in accordance with the procedures set forth herein.
117.4 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code.
117.5 Right of Appeal. Any person having any record title or legal interest in the building may appeal from any notice of violation or notice and order or any action of the Building Official under this section by filing at the office of the Building Official within thirty (30) calendar days from the date of service of the notice of violation or notice and order, or the date of the action of the Building Official, a written appeal as specified below and in Section 113 of this code.
117.5.1 The written appeal must contain a brief statement setting forth the legal interest of each of the appellants in the building or the land subject to the action of the Building Official or involved in the notice of violation or notice and order. The written appeal must contain a brief statement in ordinary and concise language of the specific order, action and/or Building Code section under protest, together with any material facts that support the contentions of the appellant.
117.5.2 The written appeal must contain a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed, why the protested order or action should be reversed, modified, or otherwise set aside.
117.5.3 The written appeal must contain signatures of all parties named as appellants and their official mailing addresses.
117.5.4 At least one (1) appellant must submit a declaration under penalty of perjury as to the truth of matters stated in the appeal. This declaration must be submitted with the written appeal itself.
117.6 Appeal Fee. The Building Official shall collect and require an appeal fee to be paid at the time any appeal allowed by this code is filed. The appeal fee shall be as adopted from time to time by resolution of the City Council of the City of Patterson. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The Building Official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the decision of the Building Official notice of violation or notice and order, and other factors indicating good faith attempts to comply with the decision of the Building Official, notice of violation or notice and order.
117.7 Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information:
You are hereby notified that a hearing will be held before the Board of Appeals at______________, on the day of _________, 20__, at the hour upon the notice of violation, action of the Building Official, notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.
You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the Board of Appeals.
117.8 Noticing the Appeal for Hearing. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time and place for the hearing of the appeal as described in section 117.7 of this code. Such date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to the appellant(s) by the Building Official either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at the addresses shown on the appeal.
117.9 Service of Notice. The notice of the appeal hearing, and any amended or supplemental appeal hearing, or 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:
(117.9.1) The holder of any mortgage or deed of trust or other lien or encumbrance of record;
(117.9.2) The owner or holder of any lease of record;
(117.9.3) Any tenant within the building;
(117.9.4) 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.
117.10 Method of Service. Service of the notice of appeal hearing or notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the last equalized assessment roll of Stanislaus County recorded documents or as known to the Building Official. A copy of the notice of appeal hearing and any amended or supplemental notice of violation or notice and order shall also be posted on the premises.
117.10.1 In lieu of personally serving the owner or service by certified mail, service of the notice of appeal hearing and any amended or supplemental notice of violation or notice and order may be made as follows:
117.10.1.1 In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:
117.10.1.2 By leaving a copy during usual business hours in the recipient's business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;
117.10.1.3 By leaving a copy at the recipients dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing, by first class mail, a copy to the recipient at the address where the copy was left.
117.10.1.4 Posting on place of business in visible location.
117.10.2 In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be as set forth in 117.10.1.1 above upon the property manager or rental agency.
117.10.3 If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
117.10.4 If the owner of the property cannot be located, or service cannot be effected as set forth in this Section, service may be made by publication in a newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
The failure of any such person to receive notice of appeal hearing and any amended or supplemental notice of violation or notice and order shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
117.11 Proof of Service. Proof of service shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice of appeal hearing and any amended or supplemental notice of violation or notice and order retained by the Building Official.
117.12 Effect of Failure to Appeal. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the Decision of the Building Official, notice of violation or notice and order, or any portion thereof, subject only to review pursuant to the provisions of California Code of Civil Procedure Section 1094.5.
117.13 Further Permits or Approvals. If a notice of violation or notice and order has not been satisfied on a particular property, and a timely appeal has not been filed, further permits or approvals for continued work permitted by this Code shall not be granted for that property unless specifically approved by the Building Official and the violation has been corrected, inspected and approved.
117.14 Board of Appeals Decisions. The Decision of the Board in granting or denying an appeal shall become final on the date of service of the Decision. Decisions of the Board shall be in writing and shall contain findings of fact, a determination of issues presented, and the requirements to be complied with. The Decision of the Board shall be issued within thirty (30) calendar days of the hearing. A copy of the Decision shall be delivered to the appellant(s) personally or sent by certified mail, postage prepaid, return receipt requested within thirty (30) calendar days of the effective date of the Decision. The effective date of the Decision(s) of the Board shall be as stated therein.
117.15 Appeal of Board Decision. Any appeal of a Board Decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within thirty (30) calendar days of the service of the Decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the Decision of the Board.
117.16 Prosecution of Violation. If the notice and order is not complied with promptly, the Building Official is authorized to request the legal counsel of the City of Patterson to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
117.17 Administrative Remedies. In addition to all other remedies available at law, any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to Administrative Remedies as prescribed.
117.18 Remedy for Failure Neglect or Refusal to Obey Order. If, after any order of the Building Official or the Board of Appeals made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (1) cause such person to be prosecuted under Section 117.16 of this Code or (2) institute any appropriate action to abate such building as a public nuisance. These remedies are in addition to all other remedies allowed by law.
117.19 Interference with Repair or Demolition Work Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City of Patterson or with any person who owns or holds any estate or interest in any building that has been ordered repaired, vacated or demolished under the provisions of this code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of the City of Patterson, person having an interest or estate in such building or structure or purchaser is engaged in the work or repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.
117.20 Criminal Violation. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. A violation of any of the provisions or failing to comply with any of the requirements of this code shall constitute a misdemeanor: except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250.00) and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500.00).
Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
117.21 Administrative Penalties. In addition to all other remedies set forth in this Section, administrative penalties pursuant of the Patterson Municipal Code may be imposed against any person for violating any of the requirements set forth in this Section.
Section 118 Procedures for Conduct of Hearing Appeals
118.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision.
118.2 Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the board.
118.3 Reporting. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved.
118.4 Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter remains before the examiner.
118.5 Oaths-Certification. In any proceedings under this chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.
118.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
118.7 Subpoenas - Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefore which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular.
118.7.1 Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner.
118.7.2 Penalties. Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor.
118.8 Conduct of Hearing
118.8.1 Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
118.8.2 Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
118.8.3 Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
118.8.4 Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdictions in this state.
118.8.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.
118.8.6 Rights of Parties. Each party shall have these rights, among others:
118.8.6.1 To call and examine witnesses on any matter relevant to the issues of the hearing;
118.8.6.2 To introduce documentary and physical evidence;
118.8.6.3 To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
118.8.6.4 To impeach any witness regardless of which party first called the witness to testify;
118.8.6.5 To rebut the evidence;
118.8.6.6 To be represented by anyone who is lawfully permitted to do so.
118.9 Official Notice.
118.9.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the board.
118.9.2 Parties to be noticed. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
118.9.10 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board or hearing examiner.
118.11 Inspection of the premises. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that (1) notice of such inspection shall be given to the parties before the inspection is made, (2) the parties are given an opportunity to be present during the inspection, and (3) the board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner.
119 Method and Form of Decision
119.1 Hearing before Board Itself. When a contested case is heard before the board itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision.
119.2 Hearing by the Examiner. If a contested case is heard by a hearing examiner alone, the examiner shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case. All examiner's reports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board.
119.2.1 Consideration of Report by Board-Notice. The board shall fix a time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of the parties.
119.2.2 Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision together with a written argument in support of such decision. By leave of the board, any party may present oral argument to the board.
119.3 Disposition by the Board. The board may adopt or reject the proposed decision in its entirety or may modify the proposed decision.
119.4 Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in Section 119.3 of this code, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a report and proposed decision as provided in Section 119.2 hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section.
119.5 Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent as specified in sections 117.9, 117.10 and 117.11 of this code.
119.6 Effective Date of Decision. The effective date of the decision shall be as stated therein.
Section 120 Second Notice Abatement Proceedings
120.1 Second Notice. If the owner has not appealed the notice of violation or notice and order of the Building Official as described in Section 117.15 and if the Building Official determines to proceed with the abatement of the nuisance through proceedings instituted before the Board of Appeals, it shall give a second notice in the same manner as set forth in Section 117.1 directing the owner of the building to appear before the Board of Appeals at a stated time and place and show cause why the building should not be condemned as a nuisance, and the nuisance be abated as provided in this code. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, in the manner prescribed in Section 117.9, 117.10 and 117.11. The notice shall be headed "Notice to Abate Nuisance" in letters of not less than three-fourths of an inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building situated at______________ is hereby notified to appear before ______________ the Board of Appeals of the City of Patterson at its meeting to be Held _________, 20____, at ____________ (place of meeting) at the hour of __________ o'clock__p.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be condemned as a public nuisance and the nuisance be abated by reconstructing or properly repairing the building or by razing or removing it.
Dated ______________________
_____________________________
City of Patterson
By _________________________
Building Official
The Building Official giving such notice shall file an affidavit of posting and mailing in the manner required by Sections 117.9, 117.10 and 117.11, but the failure to any owner or other required by such notice shall not affect in any manner the validity of any proceeding taken hereunder.
120.2. Second Hearing Notice. At the time fixed in said notice, the Board of Appeals shall proceed to hear the testimony of the Building Official and the owner or his representatives, if present at said hearing, and other competent persons who may be present and desire to testify, respecting the condition of said building, the estimated cost of its reconstruction, repair or removal, and any other matter which said governing body may deem pertinent thereto. Upon the conclusion of said hearing, The Board of Appeals may, by resolution, declare its findings and in the event that it so concludes, it may declare said building to be a nuisance and direct the owner to abate the same within 30 days after the date of posting on said premises a notice of the passage of said resolution by having said building properly reconstructed or repaired, or having the same razed or removed and notifying said owner that if said nuisance is not abated said building will be razed or removed by the city and the expense thereof made a lien on the lot or parcel of land upon which said building is located.
120.3 Posting Decision of Board. At any time within 60 days after the passage of any resolution directing the abatement of a nuisance, the Building Official shall post a copy thereof conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll or as known to the City Clerk, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such address is unknown to the Building Official, then said fact shall be stated in said copy so mailed and it shall be addressed to him at the county seat of Stanislaus County where said property is situated. The Building Official, upon giving notice as aforesaid, shall file an affidavit thereof in the manner provided for in Sections 117.9, 117.10 and 117.11. The Board of Appeals may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause therefore being shown.
120.4 Appeal Of Boards Decision. Any owner or other interested person having any objections, or feeling aggrieved at any proceedings taken by the Board of Appeals in ordering abatements of any nuisance, must bring an action in a court of competent jurisdiction within 30 days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived.
120.5 Jurisdiction to Abate. Thirty days after the posting of the copies of the resolution declaring any building a nuisance, the Board of Appeals shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is abated by the owner or other person interested within the 30-day period or any extension thereof granted by the Board of Appeals as provided for in this code. In the event that the nuisance is not abated within the time prescribed the enforcement agency may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision.
(Ord. 760 § 8, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
If delegated by the city council as adopted by Section 113 of this code, Chapter 1, Division II, Section 121 of the California Building Code, Title 24, Part 2, Volume 1, is added thereto, to read:
121.1 General. In order to hear appeals to actions taken by the City and to provide reasonable interpretations of the California Access Laws, there is hereby created a Disabled Access Appeals Board, hereinafter referred to as the Board, consisting of five (5) members. Two (2) of the members are to be physically handicapped. Two (2) members to be experienced in construction, and one (1) member a public member. The Building Official shall act as Secretary of the Board. The members of the Board shall be appointed by the City Council and shall hold office at its pleasure. Board members may be removed by a majority of the City Council for course or otherwise.
121.2 Disabled Access Appeals Board Authority to Adopt Rules. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official within thirty (30) calendar days of the hearing with a duplicate copy to the appellant. The Board may recommend to the Council of the City of Patterson such new legislation as is consistent therewith.
The Board shall hear appeals in accordance with the procedures set forth herein.
121.3 Limitation on Authority. An application for appeal shall be based on a claim that the true intent of the California Access laws or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the California Access laws do not fully apply, or an equally good or better form of compliance is proposed. The Board shall have no authority to waive the requirements of the California Access laws.
121.4 Qualifications. The Board shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction, disabled access and are not employees of the jurisdiction.
121.5 Processing of Appeal.
(a) Upon receipt of any appeal filed and payment of the appeal fee, as adopted from time to time by resolution of the City Council of the City of Patterson, the Building Official shall calendar the appeal for a hearing.
(b) If the appeal is received by the Building Official not later than fifteen (15) calendar days prior to the next regular meeting of the Board, it shall be calendared for hearing at said meeting.
(c) If the appeal is received by the Building Official on a date less than fifteen (15) calendar days prior to the next regular meeting of the Board, it shall be calendared fix hearing at the next subsequent meeting of the Board.
121.6 Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information:
You are hereby notified that a hearing will be held before the Disabled Access Appeals Board at_______ on the day 20__, at the hour upon the notice of violation, action of the Building Official, or notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and wil1 be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the Disabled Access Appeals Board.
121.7 Appeal Fee. The Building Official shall collect and require an appeal fee to be paid at the time any appeal allowed by this Code is filed. The appeal fee shall be as adopted from time to time by resolution of the City Council of the City of Patterson. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The Building Official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the Decision of the Building Official notice of violation or notice and order, and other factors indicating good faith attempts to comply with the Decision of the Building Official, notice of violation or notice and order.
121.8 Disabled Access Appeals Board Hearing Date. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall not be less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to the appellant(s) by the Building Official either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at the address(es) shown on the appeal.
121.9 Disabled Access Appeals Board Decisions. The Decision of the Board in granting or denying an appeal shall become final on the date of service of the Decision. Any appeal of the Decision must be filed by the appellant(s) with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within thirty (30) calendar days of the service of the Decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the Decision of the Board.
Decisions of the Board shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. The Decision of the Board shall be issued within thirty (30) calendar days of the hearing. A copy of the Decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested within thirty (30) calendar days of the effective date of the Decision.
121.10 Appeal of Disabled Access Appeals Board Decision. Any appeal of a Board Decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within thirty (30) calendar days of the service of the decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the Decision of the Board.
121.11 Procedures for Conduct of Hearing Appeals. The procedures for conducting the hearing appeals are specified in sections 118—121 of this code.
(Ord. 760 § 9, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
Chapter 18, Section 1808.6 of the California Building Code, Title 24, Part 2, Volume 2, as set forth in said code is amended as follows:
Section 1808.6 Design for expansive soil
1808.6 Due to the presence of expansive soil in and around Patterson foundations for buildings and structures shall be designed in accordance with Section 1808.6.1 or 1808.6.2.
(Ord. 760 § 10, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
Chapter 18, Section 1803.7 of the California Building Code, Title 24, Part 2, Volume 2, as set forth in said code is amended and added to as follows:
Section 1803.8. Storm Water Drainage Requirement. In all cases where proposed construction is for commercial, industrial, or public or quasi-public buildings or structures, for two-family, three-family, four-family, or multi-family dwellings, or for other uses which similarly involve structural ground coverage likely to affect storm drainage in the areas in which they are located, including but not limited to, trailer parks and parking lots, drainage facilities for the property shall be constructed in a manner approved by the Department of Public Works, which may include discharge into a publicly maintained storm drain system or ponding basin. Submission of the drainage plans for approval shall be the responsibility of the owner or the developer of the property on which the construction is proposed, and the application for a building permit shall be accompanied by a drainage plan suitable for review by the Department of Public Works.
(Ord. 760 § 11, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)
The city council of the city of Patterson hereby declares that should any section, paragraph, sentence, or word of this chapter or of the codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the city council of the city of Patterson that it would have passed all other portions of this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional.
(Formerly 15.04.060; Ord. 693 § 12, 2008; Ord. 728 § 8, 2012; Ord. 760 § 12, 2014; Ord. 798 Att. A (part), 2017; Ord. 865 § 5 (Att. A), 2022)