§ 16-6

The purpose of this Chapter is to provide minimum requirements and standards to safeguard life or limb, health, property and public welfare by regulating, controlling and enforcing the use and occupancy, location and maintenance of all structures, buildings, sites and equipment within this jurisdiction. It shall also provide a just, equitable and practicable method for preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide City staff with precise enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost efficient manner.

The provisions of this Chapter specific to housing shall apply to all buildings or portions thereof designed or intended to be used for human habitation. Such occupancies in existing buildings may be continued as provided in the Development Code, except structures that are found to be substandard as defined in this Chapter.

This Chapter and the various parts thereof are hereby declared to be severable. Should any Section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid.

For the purpose of this Chapter, the term "Code Official" shall also refer to the City Manager or his/her designee, Zoning Administrator, City Planner, Building/Fire Code Official, Code Enforcement Official, Code Enforcement Officer, or any such officer designated by the City Manager with the duty to enforce this Code.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-6.01.020: - Adopted code definitions

For the purposes of this Chapter, the words and phrases, when used in this Chapter in relation to any referenced Code, shall have the meanings ascribed to them by the Code that is referenced.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.030: - Non-defined terms and general meanings

(a)

Where terms are not specifically defined in this Chapter, in the Municipal Code, in any applicable statute, rule, code or regulation, or in any of the Uniform, International, or California Codes adopted and incorporated by reference by the Municipal Code, they shall have the meanings set forth by their ordinary accepted meanings within the context with which they are used. The most current edition of Webster's Third New International Dictionary of the English

Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted City policy or regulation.

(b)

Words used in the singular include the plural and the plural the singular.

(c)

Words used in the masculine gender include the feminine and words used in the feminine gender include the masculine.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.040: - Administrative and enforcement authority

A Code Enforcement Officer shall have the authority and power to determine whether a violation of the Code exists and the authority to take appropriate action to gain compliance within the provisions of the Development Code or the Municipal Code and all applicable adopted codes. These powers include the power to issue notices of violation, administrative citations, abatement notices or orders, notices to appear, the power to inspect public and private property, and the ability to use administrative remedies available under the Municipal Code and adopted codes, including, but not limited to all provisions contained in Title 1.

(Ord. No. 2303, § 1, 12-3-13)

The City Manager or his/her designee, Zoning Administrator, City Planner, Building/Fire Code Official, Code Enforcement Official, and Code Enforcement Officers are authorized to enter upon any property or premises to determine whether the provisions of the Municipal Code or applicable adopted codes are being violated and to make any examinations or surveys as may be necessary in the performance of their enforcement duties. These may include taking photographs and collection of samples or other physical evidence. All inspections, entries, examinations, and surveys shall be done in a reasonable manner and under the consent of the owner or occupant unless such inspection is being conducted in situations not requiring consent.

(a)

When it is necessary to conduct an inspection of occupied property to enforce the provisions of the Municipal Code and/or applicable statutes, rules, codes and regulations, or when the Code Enforcement Officer or other authorized enforcement officer has reasonable cause to believe that there exists in an occupied building or upon occupied premises a condition that is contrary to or in violation of the Municipal Code and/or applicable statutes, rules, codes or regulations, the Code Enforcement Officer or other authorized officer may enter the building or premises at reasonable times to inspect or to perform duties imposed by this Chapter provided that, if such building or premises are occupied, credentials are presented to the occupant or tenant and consent to enter for the purpose of inspection is requested and granted by the occupant or tenant, or the landlord consents to entry for inspection purposes.

(b)

A Code Enforcement Officer or other authorized enforcement officer shall be permitted to inspect only those areas of the subject premises that the consenting occupant, tenant, or landlord has the authority to access and inspect themselves.

(c)

If an owner, occupant, agent, or other responsible person refuses permission to enter or inspect, The City Manager or his/her designee, Zoning Administrator, City Planner, Building/Fire Code Official, Code Enforcement Official, or the Code Enforcement Officer may seek an administrative inspection warrant pursuant to the procedures provided for in the California Code of Civil Procedure Sections 1822.50 through 1822.59.

(d)

To enforce the provisions of the Municipal Code, and/or applicable statutes, rules, codes or regulations, a Code Enforcement Officer or other authorized enforcement officer may inspect abandoned buildings and property without the consent of the property owner or agent having charge or control of the premises and without an inspection warrant provided that the subject property and/or building or buildings are unoccupied and have not been secured against unlawful entry.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-6.01.060: - Notice of violation—Related to real property

If the Code Enforcement Officer has determined that a violation of the code exists on a property, the Code Enforcement Officer shall have the authority to serve written notice of violation or order to abate public nuisance to a property owner or person in control and that notice shall contain at least the following.

(a)

Name of the owner of record and person receiving the notice.

(b)

The street address, parcel number or legal description of the premises where the violation exists.

(c)

A statement of the violations or violations and the referenced code Sections.

(d)

Include a correction order allowing a reasonable amount of time to correct, make repairs, or improvements required to bring the structure or property into compliance with the provision of this Code.

(e)

Information regarding the property owner's right to appeal.

(f)

A statement regarding the City's right to collect cost recovery in accordance with Section 16-6.01.140.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.070: - Notice of violation—Unrelated to real property

If the Code Enforcement Officer has determined that a violation of the code has been committed and it is unrelated to any real property, the Code Enforcement Officer shall have the authority to serve written notice of violation or

order to cease to desist and it shall contain at least the following.

(a)

Name of the person receiving the notice.

(b)

The street address, parcel number or legal description of the location where the violation has been committed.

(c)

A statement of the violations or violations and the referenced code Sections.

(d)

Include a correction order allowing a reasonable amount of time to correct the violation or discontinue an activity.

(e)

Information regarding the person's right to appeal.

(f)

A statement regarding the City's right to collect cost recovery in accordance with Section 16-6.01.140.

(Ord. No. 2303, § 1, 12-3-13)

Notices and other enforcement related materials shall be deemed properly served if a copy there of is delivered personally, either to the property owner or responsible person, posted in a conspicuous place upon the property, or sent by first class mail addressed to the last known address as provided by the county tax assessor. If no address of any such person so appears or is known to the Code Enforcement Officer, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building or premises involved in the proceedings. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this Section.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.090: - Failure to comply

Failure to comply with a notice of violation may result in the issuance of a Notice to Appear, an administrative citation, or a Notice to Abate Public Nuisance, or any other such action or proceeding pursuant to this Chapter.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.100: - Violations and penalties

(a)

Any person violating any of the provisions or failing to comply with any of the requirements of the Development Code, the Municipal Code, or any codes or provision adopted via reference thereunder, unless otherwise specified in particular Titles, Chapters, or Sections of this Code, shall be guilty of an infraction or misdemeanor and shall be

subjected to the penalty provisions set forth in Chapter 1.04 of the Victorville Municipal Code. The City Attorney or citing officer shall have discretion to cite or charge any violation as either a misdemeanor or infraction.

(b)

Any person violating provisions of the Development Code or any adopted codes may be issued an administrative citation by a Code Enforcement Officer in accordance with Chapter 1.05 of the Victorville Municipal Code.

(c)

Each and every day such condition or violation continues shall be regarded as a new and separate offense.

(d)

In addition to any other remedy provided in this Chapter or otherwise provided at law or in equity, any provision of the Development Code or the Municipal Code may be enforced by injunction issued by the courts upon a civil suit brought by the City of Victorville.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.110: - Summary abatement of nuisances

Nothing contained in this Chapter shall prohibit the Code Enforcement Official or enforcement officer designated by the City Manager from summarily abating a nuisance which, in his judgment may immediately jeopardize the public health or safety. Before proceeding with summary abatement, the officer shall, if circumstances permit, endeavor to contact the owner of the premises involved either personally or by telephone advising him of the intention to summarily abate the nuisance. The authorized enforcement officer who made the public nuisance determination may enter upon private property within the City for the purpose of summarily abating the nuisances, dispense with notice and hearing requirements of Article 4, set forth in this Chapter, and cause City crews or private contractors to take the minimal and most reasonable and feasible actions necessary to immediately abate the activity or activities and/or conditions causing the public nuisance.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.120: - Preparation of summary abatement report prior to abatement work; private property

Where the public nuisance conditions exist on private property, prior to ordering abatement work pursuant to this Chapter, the Code Enforcement Officer or authorized enforcement officer shall prepare a written report which sets forth in writing the facts and circumstances establishing:

(1)

why advance notice of the abatement to the property owner, occupant and/or agent having charge or control is not reasonable or feasible or why prior advance notice was not effective;

(2)

why the subject property constitutes a public nuisance; and

(3)

why immediate abatement of the public nuisance is essential.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.130: - Responsibility for public nuisance summary abatement costs

If the City elects to perform public nuisance abatement work pursuant to this Article or if the City's enforcement actions cause the property owner or other responsible party to abate the nuisance, the owner of record of the property shall be liable for all fees and costs of abatement, including but not limited to administrative costs and attorney's fees, incurred by the City to abate the public nuisances. The availability of attorney's fees is reciprocal pursuant to Municipal Code section 1.04.015.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.140: - Cost recovery and special assessments

(a)

Cost recovery shall be calculated, accrued, and implemented in accordance with Chapter 1.04 of the Municipal Code.

(b)

The decision of the City Manager or his/her designee or his designee is final; however, the decision can be appealed in accordance with Section 16-2.02.010.

(c)

A Notice of Pendency, or notice of pending action, shall be recorded with the County Recorder by the Development Department against the subject property with a statement identifying the property as dangerous, substandard, or a nuisance property to recover costs associated with administration of a code enforcement case.

(d)

A withdrawal of the Notice of Pendency shall be executed by the Development Department after all violations have been abated and after cost recovery has been paid in full.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-6.01.150: - Means of appeal

Within 10 days of receiving any administrative citation or notice issued pertaining to enforcement of this Code or the Municipal Code, the violator may submit a written request to have a hearing before the Code Enforcement Manager. A violator who is aggrieved by an administrative decisions made by the Code Enforcement Manager may appeal such decision to the Zoning Administrator or City Planner for matters pertaining to land use or the Building/Fire Code Official for matters pertaining to building, fire, and safety within 10 days. Decisions or findings made by the Zoning Administrator or the Building Official may be appealed in accordance with the provisions of Chapter 2-Article 2 of this Title.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.160: - Stop work orders

(a)

Whenever a Code Enforcement Officer finds any work regulated by this Code being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Code Enforcement Officer is authorized to issue a stop work order.

(b)

It shall be a violation of this Section if any person should continue to work after being served with a stop work order, unless that work is completed under the direction of an enforcement official and is done to abate a violation or remove an unsafe condition

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.170: - Transfer of ownership

(a)

It shall be unlawful for the owner of any dwelling, structure or premise 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 a dwelling, structure, or premise to another until the provisions of the compliance order or notice of violation have been corrected.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.01.180: - Non-exclusivity and alternatives

(a)

The provisions of this Chapter are nonexclusive and supplementary to existing rights and remedies. Nothing in this Chapter shall prevent the City from commencing any appropriate action to abate a nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this Chapter, nor shall anything in this Chapter be deemed to prevent the City from commencing a criminal action with respect to the nuisance in addition to, alternatively to, or in conjunction with, the proceedings set forth in this Chapter.

(b)

If the City commences any appropriate action to abate a nuisance, the City may recover its costs and attorney's fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This Section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorney's fees in favor of the City. This Section for recovery of attorney's fees may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the City obtain a double recovery. Recovery of attorney's fees is reciprocal pursuant to Municipal Code section 1.04.015, which is adopted herein by reference in its entirety.

(Ord. No. 2303, § 1, 12-3-13)

Article 2: - International Property Maintenance Code[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 2303, § 1, adopted December 3, 2013, amended article 2 in its entirety to read as herein set out. Former article 2, §§ 16-6.02.010—16-6.02.080, pertained to similar subject matter. See Code Comparative Table and Disposition List for complete derivation.

Sec. 16-6.02.010: - Adoption of the 2012 International Property Maintenance Code

One copy of the 2012 edition of the International Property Maintenance Code having been filed in the office of the City Clerk, such code hereinafter modified, is designated and adopted by reference as the City of Victorville Property Maintenance Code, as modified in this Article.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.020: - Deletion of Chapter 1 Except

Chapter 1 of the International Property Maintenance Code is deleted, except Sections 101.1 through 102.5, Sections 102.8 through 102.10. Sections 104.1 through 109.4, Sections 110.1 through 110.4. and Sections 112.1 through 112.4.

Sections 102.3, 106.4, 112.4, 201.3, 202, 303.2, 307.1, 602.3, and 602.4 are amended in the following Sections.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.030: - Amendment to Section 102.3- Application and Other Codes

Section 102.3 is amended to read as follows:

Repairs, additions or alterations to a structure or changes of occupancy shall be done in accordance with the current California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code and California Fire Codes.

In all instances within this adopted International Property Maintenance Code wherein it references the International Building Code, International Fire Code, International, Existing Building Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code and International Zoning Code, those references shall be replaced with the current California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code and California Fire Codes.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.040: - Amendment to Section 106.4- Violations and Penalties

Section 106.4 is amended to read as follows:

Violations and Penalties of the adopted Victorville Property Maintenance Code shall be enforced in accordance with Development Code Section 16-6.01.100.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.050: - Amendment to Section 112.4 Failure to comply

Section 112.4 is amended to read as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to maximum administrative fine as listed in section 1.05 of this code.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.060: - Amendment to Section 201.3-Terms Defined in Other Codes

Section 201.3 is amended to read as follows:

Where terms are not defined in this Code and are defined in the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Fire Code Victorville Development Code or Victorville Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.070: - Addition and Amendment to Section 202- General Definitions

Section 202 is amended to read as follows:

INOPERABLE MOTOR VEHICLE For the purposes of this definition, the words and phrases, when used in this Article in relation to any Section in the International property Maintenance Code, shall have the meanings ascribed to them by the definition within the Development Code of the Victorville Municipal Code.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.080: - Amendment to Section 303.2 Enclosures

Section 303.2 is amended to read as follows:

Private Swimming pool, hot tub and spas containing water more than 18 inches (457mm) in depth shall be completely surrounded by a fence or barrier at least 60 inches (1521 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of [6] inches (152mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spa or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this Section.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.090: - Amendment to Section 307.1 General

Section 307.1 is amended to read as follows:

Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or above the finished floor or the landing or walking surfaces. Guards shall not be less than 42 inches (1067 mm) high above the floor or the landing, balcony, porch, deck or ramp or other walking surface.

Exception: Guards shall not be required where exempted by the adopted Current California Building Code

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.100: - Deletion of Section 506.3 Grease Interceptors

Section 506.3 of the International Property Maintenance Code is deleted.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.110: - Deletion of Section 602.3 Heat supply

Section 602.3 is deleted.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.02.120: - Deletion of Section 602.4 Occupiable work spaces

Section 602.4 is deleted.

(Ord. No. 2303, § 1, 12-3-13)

Article 3: - Substandard Building

Sec. 16-6.03.010: - Adoption of Section 17920.3 of the California Health and Safety Code

One copy of Section 17920.3 of the California Health and Safety Code having been filed in the office of the City Clerk is designated and adopted by reference.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.03.020: - General

Any building or portion thereof that is determined to be an unsafe building wherein there exists one or more of the conditions listed in Section 17920.3 of the California Health and Safety Code, or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this Section to an extent that endangers the life, health, property, safety or welfare of the public or the occupants thereof, shall be deemed and hereby are declared to be substandard buildings upon completion of an inspection by a Code Enforcement Officer and/or other City official.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.03.030: - Improper occupancy

Any occupied building deemed substandard and placarded by a Code Enforcement Officer shall be vacated as ordered by the Code Enforcement Officer. Any person who shall occupy a posted building, and owner or any person responsible for the premises who shall let anyone occupy a posted building shall be liable for the penalties provided by Section 16-6.01.070 of this Chapter.

Sec. 16-6.03.040: - Notice to vacate and placards

Whenever a Code Enforcement Officer has deemed a building or structure to be substandard and uninhabitable under the provisions of this Article, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner and the person or persons responsible for the structure in accordance with

Section 16-6.01.060 and 16-6.01.080. Every notice to vacate shall be similar to the following in form and have at least the following written upon it:

DANGEROUS BUILDING

DO NOT OCCUPY

IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING

OR TO REMOVE OR DEFACE THIS NOTICE

CITY OF VICTORVILLE

DEVELOPMENT DEPARTMENT

Whenever such notice is posted, the Code Enforcement Officer shall include a notification thereof in the notice and order issued listing the substandard conditions that necessitate the posting.

(a)

No person shall remain in or enter any building that is so posted, except that entry may be made to remove property, repair, demolish or remove such building under permit.

(b)

No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or any other prescribed action has been completed to abate the violations and it has been inspected and approved by City personnel.

(Ord. No. 2303, § 1, 12-3-13)

Buildings or portions thereof that are determined to be substandard as defined in this Code are hereby declared to be a public nuisance and may be abated by repair, rehabilitation, demolition or removal in accordance with Section 16-6.01.120 and 16-6.01.130 of the Victorville Development Code. Sufficient notice shall be provided to the property owner and/or occupants in accordance with Victorville Development Code Section 16-6.01.060 and 166.01.080.

(Ord. No. 2303, § 1, 12-3-13)

Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency and/or a Code Enforcement Officer as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in California Health and Safety Code Section 17975-17975.10. A Code Enforcement Officer may only determine if the tenant is eligible, based on the circumstances, the Code Enforcement Officer's investigation, and finding a preponderance of fault upon the owner, or landlord.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.03.070: - Violations and penalties

Any person violating any of the provisions or failing to comply with any of the requirements of this Article shall be guilty of an infraction or misdemeanor and shall be subjected to the violation and penalties provisions under Section 16-6.01.100 of the Development Code. The citing officer or the City Attorney shall have discretion to cite or charge any violation as either an infraction or misdemeanor.

(Ord. No. 2303, § 1, 12-3-13)

Article 4: - Abatement of Public Nuisances and Dangerous Structures

Notwithstanding the provisions set forth in Section 16-6.01.120, the provisions of this Article shall apply to all public nuisances and dangerous buildings, as herein defined which are now in existence or which may hereafter become nuisances or dangerous in this jurisdiction. The City Manager or his/her designee, Zoning Administrator or City Planner, Building/Fire Official, Code Enforcement Official, and his/her designees shall have the power to render interpretations of this Code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations rules and regulations shall be in conformity with the intent and purpose of this Code.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-6.04.020: - Order to abate public nuisance

(a)

The Code Official shall examine or cause to be examined every building, structure, piece of equipment or property, or portions thereof, reported as a nuisance, dangerous, or damaged. If found to be a nuisance or dangerous, the Code Official may issue a written Order to Abate Public Nuisance notice stating the nuisance or defects thereof as listed in Article 13 of Title 16 Chapter 6 or Section 108 of the International Property Maintenance Code to the following persons:

(1)

The person in real or apparent charge or control of the premises;

(2)

The owner of record as it appears on the San Bernardino County Tax assessment roll;

(3)

The holder of any mortgage, trust deed, or other lien or encumbrance of record;

(4)

The owner or holder of any lease of record; and

(5)

The holder of any other estate or interest in the building, structure, or equipment on the land.

(b)

This notice shall require the owner to commence with either the required abatement, repairs, improvements, or, if the building is deemed by the Code Official to be irreparable, the demolition and removal of the building, structure or equipment, or portions thereof within ten days and to complete such work within thirty (30) days from the date of the notice, unless otherwise stipulated by the citing officer. The citing officer may grant a longer period at his or her discretion, and may grant a shorter period if the condition creates an imminent threat to the public health or safety.

(c)

The notice shall advise the owner or parties with interest in the property of their right to appeal and in accordance with Development Code Chapter 2 Article 2.

(d)

Notices shall comply with the notice requirements as stated in Sections 16-6.01.060 and 16-6.01.080.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.04.030: - Abatement of public nuisances

(a)

If a public nuisance does not necessitate summary abatement for the immediate protection of the public health or safety, the person charged with the responsibility of abating or eliminating the nuisance shall be allowed such reasonable time as may be required within which to abate the same. Notice shall be given in accordance with Sections 16-6.04.020.

(b)

If the responsible person(s) who are issued the Notice and Order fail to abate the activity or activities and/or condition or conditions causing the public nuisance in their entirety, the Code Enforcement Official, Code Enforcement Manager, or other authorized enforcement officer may, in accordance with applicable laws and subject to, if necessary, a judicial warrant issued by a court of competent jurisdiction, cause the abatement of the activity or activities and/or condition or conditions causing the public nuisance by City personnel or private contract or if the City's enforcement actions cause the property owner or other responsible party to take steps to abate the subject property. If the City elects to perform or cause the public nuisance abatement work, the owner of record of the property shall be liable for all fees and costs of abatement, including but not limited to administrative costs, incurred by the City to abate the public nuisances. Such recoverable costs shall include attorney's fees. Recovery of attorney's fees shall be reciprocal pursuant to Municipal Code Section 1.04.015, which is incorporated herein by reference in its entirety.

(c)

Assessment of costs of abatement by City.

(1)

The City Manager or his/her designee shall prepare a report describing any work performed pursuant to this Article, listing each parcel of property affected by the abatement and the share of the total cost, including administration, to be assessed against each parcel.

(2)

A copy of such report shall be mailed to the property owner as shown on the last equalized assessment roll at the address therein given and to any person who shall claim an interest in any affected parcel and have requested a copy of such report and notice.

(3)

Thereafter, the cost of the abatement work for each parcel shall constitute special assessments against such respective lots and a personal obligation against the property owner and a lien on such property for the amount of such assessments until paid in accordance with Chapter 1.04 and Section 16-6.01.150.

(4)

An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-6.04.040: - Notice to vacate and placards

Whenever a duly authorized representative has deemed a building, structure or equipment to be dangerous under the provisions of Section 108 of the adopted International Property Maintenance Code, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure in accordance with Section 16-6.01.060 and 16-6.01.080.

The notice shall conform to the provisions of 16-6.03.040 and whenever such notice is posted, the Code Enforcement Officer shall include a notification thereof in the notice and order issued listing the dangerous conditions that necessitate the posting.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.04.050: - Prohibited occupancy

Any occupied building or structure placarded by the Code Enforcement Official or his designee shall be vacated as ordered by the Code Enforcement Official or his designee. Any person who shall occupy a placarded building or structure or operate placarded equipment, and owner or any person in control of the premises who shall let anyone occupy a placarded building or structure or operate placarded equipment shall be in violation of this Code.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.04.060: - Unauthorized removal of or defacing placards

No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or any other prescribed action has been completed to abate the violations and it has been inspected and approved by City personnel.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.04.070: - Effect of failure to appeal

Failure of any person to file an appeal in accordance with Section 16-6.04.090 of this Code shall constitute a waiver of the right to an administrative or Planning Commission hearing and adjudication of the notice and order or any portion thereof.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.04.080: - Stay of enforcement

Except in instances involving imminent danger, appeals of notices and orders shall stay the enforcement of the notice and order until the appeal is heard by the Planning Commission or the City Council.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.04.090: - Repayment of repair or demolition fund

All monies recovered as a result of any abatement and/or assessment or from the sale of the property at tax sale shall be paid to the City Finance Department who shall credit the same to the account charged for said abatement.

(Ord. No. 2303, § 1, 12-3-13)

Article 5: - Residential Rental Property Inspection Requirements[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 2464, § 6, adopted Apr., 7, 2026, amended the title of Art. 5 to read as herein set out. The former Art. 5 title pertained to rental property inspection requirements.

Sec. 16-6.05.010: - Purpose

The purpose of this Article is to identify Residential Rental Properties within the City and to enhance the quality of life for residents of those properties and in the community. These licensing requirements are intended to encourage all Rental Property Owners to consistently meet applicable code requirements including those in Title 16 ("Development Code") relating to property maintenance and housing; to have well-maintained and clean exterior areas; and to ensure that rental unit Occupants comply with such applicable code requirements. These licensing requirements seek to ensure that rental units do not create public nuisances that may be detrimental to the public health, safety, or welfare of the community.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Sec. 16-6.05.020: - Scope

(a)

The provisions of this Article shall apply to all single and multi-family Residential Rental Property, as that term is defined herein, within the City. Not only does this Article apply to the exterior of single and multi-family residential rental structures, but it also applies to the premises on which such single and multi-family residential rental structures are located, including but not limited to all yards, parking lots, driveways, landscaped areas, accessory structures, fences, walls, swimming pools, hot tubs and spas that comprise a Residential Rental Property.

(b)

The provisions of this Article are supplementary and complementary to other provisions of Applicable Law, as that term is defined herein. Nothing in this Article may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of such Applicable Law.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Sec. 16-6.05.030: - Definitions

For the purpose of this Article, unless otherwise apparent from their context, certain words and phrases used in this Article shall have the meanings hereinafter designated. The definitions in this Section are intended to define the terms used in this Article in relation to the rental property inspection requirements.

(a)

"Applicable Law" means the Development Code contained in this Title 16, including without limitation, the International Property Maintenance Codes adopted by reference therein; all other titles of the Victorville Municipal Code; and any other applicable statutes, laws, regulations, or codes enforceable by the City relating to housing, building, land use, nuisance, and property maintenance.

(b)

"City Manager" means and includes the City Manager of the City of Victorville and/or his/her authorized designee(s).

(c)

"Occupant" or "Tenant" means any person who occupies a Residential Rental Property, whether as a tenant, licensee, or permittee of the Owner.

(d)

"Owner's Local Authorized Representative" means a person, agent, property management company, or other individual or entity who has the legal authority to act upon the Owner's behalf with respect to a Residential Rental Property and whose residence or place of business is located not greater than eighty-five (85) miles by road from the Residential Rental Property for which the Property Owner has given such representative the legal authority to act.

(e)

"Owner" or "Property Owner" means any person having legal title to Residential Rental Property, including all individuals, business entities, partners, joint venturers, or stock owners of the Residential Rental Property shown as owners on the last equalized assessment roll of the San Bernardino County Assessor's Office, or an Owner's Local Authorized Representative. If more than one person or entity owns the Residential Rental Property, the terms "Owner" or "Property Owner" refer to each person or entity holding any kind of ownership interest in the Residential Rental Property, and the obligations imposed upon such Property Owners by this Article are joint and several as to each.

(f)

"Rental Business License" means the City business license issued per Residential Rental Property after the property has successfully passed a Residential Rental Property inspection performed by the City Manager and the Property Owner has complied with all other Applicable Law, including payment of all applicable fees.

(g)

"Residential Rental Property" or "Residential Rental Properties" means any single or multi-family zoned parcel(s) that are used for occupancy by person(s) other than the owner of the residential structures located thereon and are

occupied or intended to be occupied for rental purposes. This definition includes the exterior of the residential structure(s), and the entire real property upon which such residential structure(s) exist, including but not limited to all yards, parking lots, driveways, landscaped area, accessory structures, fences, walls, swimming pools, hot tubs and spas. For purposes of this Article, the following types of dwelling units or facilities are not considered Residential Rental Properties:

(1)

Conventional hotels or motels (those that do not allow for rental for more than thirty (30) consecutive days).

(2)

Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an educational institution.

(3)

Mobile Home Parks.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

For the purposes of this Article, if a property tax bill, water, sanitation, or other utility bill for a residential property is mailed to an address other than that of the residential property itself, there shall be a rebuttable presumption that the property is a Residential Rental Property. This presumption can be rebutted by the owner of record by providing reasonable documentation to the City substantiating that the property is solely owner occupied or is not being used, actively or not, for purposes of generating rental income.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Sec. 16-6.05.050: - Rental business license required

(a)

Every owner of a Residential Rental Property shall be required to obtain from the City a Rental Business License for each Residential Rental Property, pursuant to Chapter 7 of the Development Code. A Rental Business License shall be issued only after the Residential Rental Property has passed an initial Rental Property inspection as provided for in Section 16-6.05.070 of this Article, and the Property Owner has complied with all other Applicable Law, including the payment of fees. The Rental Business License shall not be transferable upon a change of property ownership. Upon property ownership change, the Rental Business License issued to the prior Property Owner shall be null and void and such Rental Business License file shall be closed.

(b)

Once issued, a Rental Business License is subject to annual renewal thereafter, provided renewal business license fees are paid, and the Residential Rental Property passes an annual renewal inspection. A Rental Business License must be renewed timely, as the Rental Business License file will be closed ninety (90) days after the license expiration date.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Sec. 16-6.05.060. - Owner's local authorized representative

(a)

For purposes of this Article, all owners of Residential Rental Property may designate a Local Authorized Representative with full authority to act on behalf of the Owner for all purposes under this Article, including the acceptance of service of all notices from the City.

(b)

Any designated Local Authorized Representative must establish and maintain, at all times, a working telephone number and a valid email address. A Local Authorized Representative shall be accessible to the City through the provided telephone number between the hours of 7 a.m. and 6 p.m., 7 days a week.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Sec. 16-6.05.070: - Initial and annual inspection

(a)

All Residential Rental Property located in the City shall be subject to an initial inspection upon submittal of a Rental Business License application, and an annual inspection upon renewal of said license thereafter. These inspections are conducted by the City Manager for the purpose of verifying compliance with Applicable Law.

(b)

The Property Owner, Tenant, or Owner's Local Authorized Representative need not be present during any inspections required by this Article, so long as the areas to be inspected can be viewed from the public right of way. Should an inspection require the City to enter a Residential Rental Property, if agreed upon between the City and the Property Owner or Owner's Local Authorized Representative, neither the Property Owner, Tenant, nor Owner's Local Authorized Representative need be present during any such inspection, provided that the areas to be inspected are made accessible to the City. Such agreement shall be made in writing upon the submittal of an initial Rental Business License application or upon renewal of a Rental Business License.

(c)

The City Manager shall conduct an exterior site inspection of each Residential Rental Property prior to the initial issuance of a Rental Business License and prior to the annual issuance of a renewal Rental Business License. The scope of the inspection shall include, but is not limited to:

(1)

Exterior property maintenance and cleanliness;

(2)

Landscape maintenance in accordance with this Development Code;

(3)

Land use such as off-street parking requirements, storage of inoperative vehicles, accessory structures, and uses related to unpermitted business; and

(4)

Maintenance and upkeep of the primary structure such as windows, paint/stucco, weather protection, roof and other architectural features and accessory structures such as sheds, cabanas, trash enclosures, etc.

(d)

Maintenance and Monitoring of Vacant Residential Rental Property. The Owner of a Residential Rental Property that becomes vacant or unoccupied shall continue to comply with the property maintenance requirements imposed by this Article and shall keep the exterior of any structure and the premises comprising the Residential Rental Property free of property maintenance violations or property conditions that create a public nuisance. Vacant Residential Rental Properties that are found to be a public nuisance due to lack of property care or upkeep, shall be subject to the compliance processes and penalties in Chapter 6, Article 4 of this Development Code and such other remedies as are available under Applicable Law.

(e)

Rental Business License Initial Application Inspections. A Residential Rental Property for which an Owner has submitted an initial Rental Business License application shall undergo an initial compliance inspection conducted within thirty (30) days after the submittal of a Rental Business License application, and one compliance reinspection to be conducted no sooner than fifteen (15) days after a failed initial compliance inspection. Any violation found after the compliance re-inspection shall be subject to the penalties and enforcement provisions of Section 16-6.01.100 of this Development Code.

(f)

Rental Business License Annual Renewal Inspections. A Residential Rental Property for which an Owner is seeking an annual renewal of a Rental Business License shall undergo one compliance inspection conducted by the City Manager within thirty (30) days prior to the business license expiration date, and one compliance re-inspection to be conducted no sooner than fifteen (15) days after a failed annual renewal inspection. Any violation found after the compliance re-inspection shall be subject to the penalties and enforcement provisions of Section 16-6.01.100 of this Development Code.

(g)

Notice of Annual Rental Business License Renewal Inspection.

(1)

At least thirty (30) days prior to the expiration of a Rental Business License, the Development Department will mail a license renewal notice and exterior inspection checklist to the Property Owner and the Owner's Local Authorized Representative (if any), notifying the Property Owner of the following:

(i)

The Property Owner's requirement to renew the annual Rental Business License; and

(ii)

Notice that the City Manager will inspect the exterior area of the Residential Rental Property within thirty (30) days from the date of the Rental Business License renewal notice.

(2)

Said notice will be mailed by first class mail to the Owner at the Owner's last known address as it appears in the City business license records. In the case of multiple Owners of the same Residential Rental Property, notice to any one of the Property Owners is deemed sufficient notice.

(3)

In those cases when entry upon a Residential Rental Property is required to conduct an exterior inspection, should an Owner, Owner's Local Authorized Representative, or Tenant in possession of the Residential Rental Property refuse to allow such access, the City Manager, the City Code Enforcement Official, or his/her designee, and the City Attorney may use all legal remedies to ensure that an inspection is conducted as required by this Article.

(4)

In those cases when entry upon a Residential Rental Property is required to conduct an exterior inspection, if the City is unable to obtain the consent of the Owner, Owner's Local Authorized Representative (if any), or Tenant of the Residential Rental Property, the City shall withhold the Owner's Rental Business License until the inspection is conducted.

(h)

After completion by the City Manager of the initial Rental Business License application inspection or the annual Rental Business License renewal inspection, if the Residential Rental Property fails the inspection due to having violation(s) on the property, the City shall send a written report to the Owner or the Owner's Local Authorized Representative by mail. The report shall contain:

(1)

An itemization of any violation(s) of Applicable Law identified during the inspection;

(2)

The period of time given for correcting each of the identified violations;

(3)

Notice that the City will re-inspect the Residential Rental Property at the end of the period of time given for correction;

(4)

A statement indicating that if the violations identified in the report are found by the City Manager during the Residential Rental Property re-inspection to not have been corrected, the City will not issue the Rental Business License, and the City may pursue any legal remedies available to it, including but not limited to those provided under Section 16-6.01.100 of this Development Code, in order to abate said violations.

(i)

After completion of a failed initial Rental Business License application re-inspection, or a failed annual renewal Rental Business License re-inspection, a report listing the violations shall be provided to the Property Owner and the Tenant, which report shall reflect the failed re-inspection, and the matter shall be remedied in accordance with Section 16-6.01.100.

(j)

If no violations are found during an initial or annual renewal inspection or re-inspection, the report shall so state and the City shall issue the Rental Business License to the Owner. All inspection reports shall be available as a public record upon request.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Sec. 16-6.05.080 - Reserved

Editor's note— Ord. No. 2464, § 6, adopted Apr. 7, 2026, repealed § 16-6.05.080, which pertained to selfinspection privilege and derived from Ord. No. 2407, § 2, 2-18-20.

Sec. 16-6.05.090: - Violations

(a)

Whenever the City Manager determines that a violation of this Article exists, a Code Enforcement Officer shall issue a written notice of violation in the form of the Residential Rental Property inspection report and provide an order to correct the violation(s) located at the Residential Rental Property. The notice shall be provided (1) by mail to the Owner or Owner's Local Authorized Representative, and (2) either by mail or hand delivery to the Tenant, or by posting said notice on the front door of Tenant's dwelling unit. Said notice shall specify and describe with reasonable detail the violation(s) so that the Property Owner has the opportunity to identify and correct any violation(s) specified. Any person who fails to comply with any provisions of this Article after receiving written notice of the violation(s) and has been given a minimum of fifteen (15) days to correct such violation(s) shall be deemed to be in violation of this Article.

(b)

A violation of this Article shall be enforced in accordance with Section 16-6.01.100 of this Development Code. The Development Department may also take action to suspend or revoke the Rental Business License issued to the Property Owner if the Property Owner has failed to correct any or all violations.

(c)

Any Residential Rental Property which has been subjected to enforcement actions under Section 16-6.01.100 of this Development Code and remains out of compliance with Applicable Law shall be considered a public nuisance and subject to abatement procedures as set forth in Chapter 6, Article 4 of this Development Code.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Sec. 16-6.05.100: - Complaint based inspections

Nothing contained in this Article shall prevent or restrict the City's authority to inspect any Residential Rental Property in response to a complaint alleging violations of any Applicable Law, or to pursue any remedies available to the City thereunder.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

The annual regulatory Rental Business License fee will be set from time to time by City Council resolution in an amount not to exceed the reasonable regulatory costs of conducting the property inspections required by this Article. Should a Property Owner fail to timely pay the annual Residential Rental Business License fee, any cost recovery fee, or administrative fine related to the enforcement of and compliance with this Article, such unpaid fees

or fines shall constitute a debt to the City, enforceable in accordance with Section 16-7.05.080 of this Development Code.

(Ord. No. 2407, § 2, 2-18-20; Ord. No. 2464, § 6, 4-7-26)

Article 6: - Tire Disposal Requirements

Every seller or generator of ten or more waste or used tires shall contract with a registered waste tire hauler for the disposal of waste or used tires in accordance with Public Resources Code, Division 30, Chapter 19, Section 42953.

Every person engaged in the transportation of ten or more waste or used tires within the City shall be a registered waste tire hauler and shall comply with all manifest requirements at the time of pick-up and delivery in accordance with Title 14 California Code of Regulations (14 CCR) Section 18460.2.

Sec. 16-6.06.030: - Manifest requirements

(a)

Every seller, hauler, or generator of ten or more waste or used tires within the City shall document the disposal, transport, or exchange of said tires at the time of pick-up and delivery using a Comprehensive Trip Log (CTL) or Electronic Data Transfer (EDT) sheet. Upon request by an authorized officer, agent or employee of the City, the seller, hauler, or generator must demonstrate that each tire for which the disposal fee required by Public Resource Code Section 42885 has been collected has been disposed of properly by one of the following methods:

(1)

CTL or EDT provided by a registered waste tire hauler company;

(2)

Dated certificate of removal recording the name, address and California driver's license number of each person that elected to retain ownership of the whole tires removed from their vehicle. The record shall be in a manner and form as prescribed by the Code Enforcement Division;

(3)

Participation in a City authorized or sponsored tire collection, processing or recycling service.

(b)

Every seller, hauler, or generator of ten or more waste or used tires within the City shall maintain manifest records for three years.

Sec. 16-6.06.040: - Unlawful disposal of whole tires

It is unlawful to dispose of whole tires in any of the following manners within the City:

(a)

Placement of whole tires within or around any regular commercial, industrial or residential rubbish container within the City;

(b)

Placement of whole tires on any public or private property within the City, unless said property is a waste tire facility as set forth in Title 14 California Code of Regulations Section 18420.

(c)

Any seller, hauler, or generator of new or used tires within the City who willfully and knowingly places whole tires in or around any regular commercial, industrial or residential rubbish container within the City or along any public or private property, or who allows or directs another party to willfully and knowingly place whole tires in any regular commercial, industrial or residential rubbish container within the City or along any public or private property, shall be in violation of this Section and subject to prosecution by the City.

(d)

The penalty for a violation of this Section shall be one thousand dollars for each incident, plus three dollars for each tire unlawfully disposed.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.06.050: - Inadequate documentation

(a)

It shall be unlawful for any seller, hauler, or generator of new or used tires within the City to fail adequately demonstrate to that each whole tire was disposed of pursuant to the provisions set forth in this Article upon demand by any City official. It shall be unlawful for any seller or generator to fail to maintain waste tire manifests.

(b)

It shall be unlawful for any hauler to fail to furnish a seller or generator with a copy of the waste tire manifest or to fail to have a manifest in their possession while hauling 9 or more tires.

(c)

The civil penalty for a violation of this Section shall be one thousand dollars plus three dollars for each tire which the seller cannot demonstrate was properly disposed of by one of these methods. Each subsequent violation shall be one thousand dollars plus three dollars per tire.

(Ord. No. 2303, § 1, 12-3-13)

Any person violating any of the provisions or failing to comply with any of the requirements of this Article shall be guilty of an infraction or misdemeanor and shall be subjected to the violation and penalties provisions set forth in this Article and Section 16-6.01.100 of the Development Code. The citing officer or the City Attorney shall have discretion to cite or charge any violation as either an infraction or misdemeanor.

(Ord. No. 2303, § 1, 12-3-13)

Article 7: - Land Use and Zoning Enforcement

Sec. 16-6.07.010: - General

The purpose of this Article is to enforce the health, property and public welfare by controlling the design, location, use or occupancy of all buildings, structures and parcels of land through the regulated and orderly development of land and land uses within this jurisdiction.

Sec. 16-6.07.020: - Illegal land use

(a)

It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or land or cause or permit the same to be done in violation of this Code. When any building or parcel of land regulated by this Code is being used contrary to the Development Code, the Zoning Administrator or his duly assigned representatives shall order such use discontinued and the structure, parcel of land, or portion thereof, vacated.

(b)

Notice shall be served on any person causing or allowing such use in accordance with Sections 16-6.01.060 through 16-6.01.080 and Chapter 6 Article 4.

(c)

Special terms may be imposed that limit or restrict access to the structure, parcel of land, or portion thereof at the discretion of the Zoning Administrator or his duly assigned representatives as they deem appropriate.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.07.030: - Permits required

A Code Enforcement Officer shall be authorized to request and validate a permit, license, or certificate required by this Code and adopted codes. Failure to secure and comply with the provisions of the following shall be deemed a violation of the Development Code:

(a)

Building Permit;

(b)

Temporary Use Permit;

(c)

Certificate of Occupancy;

(d)

Business License

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.07.040: - Compliance to zoning regulations

No construction or use of a building, structure, or parcel of land, whether publicly or privately owned, shall be authorized until the location and extent thereof conform to a plan submitted to and approved by the Development Department.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.07.050: - Violations and penalties

Any person violating any of the provisions or failing to comply with any of the requirements of this article shall be subject to the penalty provisions set forth in Section 16-6.01.100 of the Development Code.

(Ord. No. 2303, § 1, 12-3-13)

Article 8: - Mobile Home Park Maintenance Inspections

The provisions of this Article shall apply to the maintenance and occupancy of mobile home parks, mobile homes, special occupancy lots, permanent buildings, accessory buildings or structures, and building components located within mobile home parks, in all parts of the City of Victorville. These provisions shall also apply to recreational vehicles located within mobile home parks.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.08.020: - Local enforcement agency

Mobile Home Park Inspections are mandated by the California Health and Safety Code and the provisions of Title 25, California Code of Regulations, Division 1, Chapter 2. Responsibility for these inspections is hereby assumed by the City of Victorville and shall be by means provided within this Article.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.08.030: - Annual permit to operate

No person shall operate a mobile home park, or a portion thereof, or rent, lease, sublease, or hire out for occupancy, any new or existing lot in a mobile home park without a current permit to operate issued by the City of Victorville Development Department.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.08.040: - Park responsibility

(a)

The owner, operator, or the designated agent for the park shall be responsible for the safe operation and maintenance of all common areas, park-owned electrical, gas, and plumbing equipment and their installations, all park-owned permanent buildings, structures, and facilities, and maintenance of roadways within the park.

(b)

The owner of a unit, accessory building or structure, or building component shall be responsible for the use and maintenance of the unit, accessory building or structure, or building component and its utility connections up to the lot's property line in compliance with the requirements of this Code.

(c)

Any person obtaining a building permit shall be responsible for the construction or installation in accordance with the requirements of this Code.

(d)

The operator of a park shall not permit a unit, accessory building or structure, building component, or any park utility to be constructed, installed, used, or maintained in the park unless constructed, installed, used, and maintained in accordance with the requirements of this Code.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.08.050: - Inspection frequency

At the direction of the City Manager or his/her designee, Zoning Administrator, Building/Fire Official, Code Enforcement Official, or Code Enforcement Manager, a mobile home park may be inspected for Title 25 compliance, at least once every 3 years and at the discretion of the Code Enforcement Official.

(Ord. No. 2303, § 1, 12-3-13; Ord. No. 2388, § 3, 3-19-19)

Sec. 16-6.08.060: - Notices and orders

Notice and orders shall be in compliance with Development Code Section 16-6.01.140.

(Ord. No. 2303, § 1, 12-3-13)

If a violation poses an imminent hazard representing an immediate risk to life, health, and safety and requires immediate correction, the City has the authority to initiate any appropriate action or proceeding to abate a violation if abatement is not complete within the time period allowed by the notice of violation and order. This Article shall not prohibit the City from exercising any other action provided for in this Code, at law or in equity.

(Ord. No. 2303, § 1, 12-3-13)

Persons owning, possessing, or having in their control a mobile home unit or mobile home park are required to abate violations that exist.

(Ord. No. 2303, § 1, 12-3-13)

Any person violating any of the provisions or failing to comply with any of the requirements of this article shall be subject to the penalty provisions set forth in Section 16-6.01.100 of the Development Code.

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.08.100: - Emergency preparedness plans

In compliance with California Department of Housing and Community Development (HCD) and the Health & Safety Code Sections 18603 and 18871.8, all mobilehome and special occupancy parks shall have updated current emergency preparedness plan in effect and on file with the City.

The emergency preparedness plan shall be posted in a conspicuous public location at the park and contain the mobile home park's address and at least the following:

(a)

Telephone numbers for the:

(1)

Fire Department,

(2)

Police or Sheriff's Department or Sheriff's Office,

(3)

Park office manager or owner,

(4)

Responsible person for operation and maintenance, and

(5)

City of Victorville Code Enforcement.

(b)

Locations of the:

(1)

Nearest fire alarm box, when installed, and

(2)

Nearest public telephone.

(Ord. No. 2303, § 1, 12-3-13)

Article 10: - Miscellaneous Regulations

Sec. 16-6.10.010: - Capping of wells

Every person who digs, drills, excavates, constructs, owns or controls any abandoned water well or abandoned oil well, and every person owning or having possession of any premises on which any such abandoned well exists, shall cap or otherwise close the mouth of or entrance to such well in such a manner as to prevent persons from falling therein and in such a manner that such capping or covering cannot be removed by accident or inadvertence or such persons shall fill such a well.

(Ord. 17 § 1 (1963): prior code § 3601)

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.10.020: - Advertising matter on public rights-of-way

No person, firm or corporation shall post any bill or advertising matter or place any sign or billboard upon the rightof-way of any public street or highway of the City without first having secured the permission of the City Council to do so, and all persons desiring to place any sign, billboard or advertising matter upon such street or highway shall before so doing make application to the City Council to do so, with full particulars as to such signs, billboards or advertising matter, and the City Council shall thereupon, if satisfied that such sign, billboard or advertising matter shall be placed on said right-of-way, give a written permit to place the same in accordance with the terms of the said application.

(Prior code § 4113)

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.10.030: - Flowing mud or water on highway

It is unlawful for any person, firm or corporation, to deposit, drain, wash, allow to run or divert into or upon any public road, highway, street or alley, drainage ditch, storm drain, or flood control channel owned by or controlled by any public agency within the City, any water, mud, sand, oil or petroleum.

(Prior code § 4107)

(Ord. No. 2303, § 1, 12-3-13)

Article 11: - Distribution of Notices and Handbills

Sec. 16-6.11.010: - Throwing or distributing handbills in public places

No person shall throw or deposit any handbill in or upon any public place. No person shall hand out, distribute or sell any commercial handbill in any public place. Any person may hand out or distribute any noncommercial handbill without charge to any person willing to accept it.

(Ord. 670 § 1 (part), 1980)

(Ord. No. 2303, § 1, 12-3-13)

Sec. 16-6.11.020: - Placing handbills on vehicles

No person shall throw or deposit any handbill in or upon any vehicle. It is lawful in any public place for a person to hand out or distribute a noncommercial handbill without charge to any occupant of a vehicle willing to accept it.

(Ord. 670 § 1 (part), 1980)

(Ord. No. 2303, § 1, 12-3-13)

No person shall throw, deposit or distribute any handbill in or upon any private premises which are inhabited, uninhabited or vacant, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present.

(1)

Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, as defined herein in Section 13.32.010, subsection (4), except that newspapers shall not be thrown on streets or alleys or in gutters.

(2)

Exemption for Religious and Charitable Organizations. The provisions of this section shall not apply to religious, charitable, patriotic, philanthropic, social welfare, benevolent, educational, civic or fraternal groups or organizations, providing such organizations have obtained a written permit from the City Clerk who shall issue such permits without charge if he is satisfied that the organization applying for the permit is a bona fide organization as named herein.

(3)

Exemption for the City of Victorville. The provisions of this Chapter shall not apply to the City of Victorville, or any subsidiary department, division, agency or related entity of the City, provided that any notice or handbill distributed under this exemption relates to official city business, including, without limitation, the posting of a notice of a municipal code violation or of a notice of public nuisance.

(Ord. 2115 § 2, 2005; Ord. 670 § 1 (part), 1980)

(Ord. No. 2303, § 1, 12-3-13)

No person shall throw, deposit or distribute any handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing", "No Peddlers or Agents", "No Advertisement", or any similar notice, indicating in any manner that the occupants of the premises do not desire to have any such handbills left upon the premises.

(Ord. 670 § 1 (part), 1980)

(Ord. No. 2303, § 1, 12-3-13)