Section 117 is added to the California Building Code 2025 Edition as follows:
Section 117 - HABITABILITY
117.1 General. In accordance with emergency management guidelines, the Green Tag, Yellow Tag, and Red Tag are adopted to identify the habitability of a structure. The different tags will indicate the level of habitability and any restrictions or occupancy limitations. The tags may be used after a natural or man-made emergency or event. The tags may also be used to identify any violations of the
Health and Safety Code, the International Property Maintenance Code, or the Moreno Valley Municipal Code that affect habitability.
117.2 Placard. Any placard sign (tag) posted upon a premises shall be substantially similar to the following:
117.2.1 Green Tag. Occupancy permitted. Entry and occupancy of this structure is authorized by City Officials or their deputies. |
117.2.2 Yellow Tag. Limited occupancy. Entry and occupancy of this structure are limited by City Officials or their deputies. |
117.2.3 Red Tag. Do not enter or occupy. Entry and occupancy of this structure are prohibited by City Officials or their deputies. |
117.3 Authority to Tag. The following officials have the authority to tag a building: Fire Chief, Fire Marshal, Division Chief, Battalion Chief, Fire Captain, Building Official, and Code Enforcement Manager. These officials can also deputize staff to tag a building under the supervision of these officials. During emergencies, these officials can deputize volunteers who have demonstrated the training, education, and qualifications to identify habitability.
117.4 Legal Standard for Vacating. When, in the opinion of an appropriate official, there is imminent danger to the health and safety of the occupants of a building or structure, the official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.
117.5 Disconnected Utilities. If any utilities to a building are disconnected, the building may be deemed as substandard housing and non-habitable per the Health and Safety Code Section
17920.3. Under these conditions, the Fire Chief, Fire Marshal, Division Chief, Battalion Chief, Fire Captain, and Building Official, have the authority to limit entry to a portion or all of the building.
117.6 Volunteers. The City is authorized to solicit volunteers at any time to serve as evaluators as part of their emergency preparedness plan. Volunteers must complete California's Disaster Service Worker Volunteer Program (DSWVP) in order to be registered and qualified as a volunteer. Volunteers must also sign a Volunteer Status and Waiver of Liability.
117.7 Unauthorized Tag Disturbance. It shall be unlawful and a violation of this code for any person to remove, deface, or destroy a placard (tag) posted pursuant to this code without the prior written permission of the City. No person shall remove or deface any such placard (tag) placed by the City without the prior written permission of the City. Any person violating this subsection shall be charged with a misdemeanor offense.
117.8 Unauthorized Entry. It is unlawful and a misdemeanor to occupy any structure ordered vacated and tagged in accordance with this Section 117. Any person violating the posted placard (tag) and found entering or occupying a structure that was limited or restricted in use, entry, or occupancy is subject to arrest.
117.9 Authority to Change or Remove Tag. The Building Official may remove or may alter the notice (tag) limiting entry whenever the defect or defects have been eliminated or reduced. Any person who defaces or removes the notice (tag) without the approval of the Building Official shall be subject to a misdemeanor.
117.10 Special Investigation. A special investigation shall be made before a permit is issued for such work.
117.11 Permit Required. Correcting the defect or defects upon which the notice (tag) action was issued will require a permit to perform the work to remove the life, health, or safety issue, and shall comply with this code.
117.12 Boarding Up. Whenever the Fire Chief, Fire Marshal, Division Chief, Battalion Chief, Fire Captain, Building Official, and Code Enforcement Manager determines that a dangerous building constitutes an immediate threat to the public health or safety, these officials may order to board up a structure. These officials can also deputize staff to board up a structure under the supervision of these officials. No person shall remove or deface any such boards placed by these Officials without the prior written permission of these Officials.
117.13 Vacant Structures. Vacant structures that are not secured may be ordered to be boarded up to protect the public and property.
117.14 Unauthorized Board up Disturbance. It shall be unlawful and a violation of this code for any person to remove, deface, or destroy a board up pursuant to this code without the prior written permission of the City. No person shall remove or deface any such board order to be placed by the City without the prior written permission of the City. Any person violating this subsection shall be charged with a misdemeanor offense.
117.15 Unauthorized Entry. Any person found entering or occupying a structure that was boarded up is subject to arrest. Any person violating this subsection shall be charged with a misdemeanor offense.
117.16 Reimbursement. An administrative citation shall be issued at least equal to the amount of the cost for boarding up the structure to protect the public. Failure to pay the administrative citation shall result in a lien. The cost for boarding up shall be charged against the real estate upon which the structure is located and there shall be a lien upon such real estate and or shall be collected by any other legal source.
(Ord. 1033, 11/4/2025)