Fresno County Municipal Code Ch. 15.32 Substandard Housing and Unsafe Structures—nuisances

The State Housing Law Regulations as referenced in California Code of Regulations, Title 25, Division 1, Subchapter 1, is adopted by reference.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

The following conditions are public nuisances:

A. Any property or portion thereof which, as the result of development, has become unsafe, injurious to health, indecent, offensive to the senses, or which unlawfully obstructs the free passage or use, in the customary manner, of any county park, square, street or highway, or which constitutes a fire hazard;

B. Any dangerous building or structure;

C. Any substandard housing or dwelling;

D. Any unused service station.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

The Board of Supervisors declares and finds that unused service stations constitute a hazard to the health, safety and general welfare for the following reasons:

A. They constitute a danger to life and property due to the use or storage on such premises of flammable and explosive liquids, the accumulation of vapors in their underground tanks and the presence of other hazardous material on such site.

B. By their nature, they are often prominently situated on major intersections and thoroughfares. They are, therefore, singularly conspicuous to the public. They impose a rundown appearance upon their neighborhoods, which is unsightly and induces further deterioration of such areas.

C. Their distinctive physical appearance is difficult and expensive to adapt to other uses.

D. Because of the unenclosed character of service stations, they invite vandalism, arson and afford likely places for the concealment of criminal activity.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

As used in this chapter:

A. "Abandoned building or structure" means any building or structure which has not been actively utilized for a lawful purpose, which has not been maintained, and which has not been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than six (6) months.

B. "Converted service station" means any site which has been lawfully converted from a service station to another use, but from which the pumps, pump islands, signs, insignias, trademarks, supporting structures, mountings, foundations, underground tanks which have not been removed or otherwise made safe in the opinion of the Building Official, or other improvements uniquely and customarily associated with service station operations, have not been taken down, dismantled and removed.

C. A "dangerous building or structure" means that the condition or defect hereinafter described exists to the extent that life, health, property or safety of the public or its occupants are endangered:

1. Whenever any door, aisle, passageway, stairway or other means or exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;

2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (1½) times the working stress or stresses allowed in the County Building Code for new buildings of similar structure, purpose or location;

3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the County Building Code for new buildings of similar structure, purpose or location;

4. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;

5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (½) of that specified in the County Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the County Building Code for such buildings;

6. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;

7. Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;

8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

9. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base;

10. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;

11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;

12. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion, less than fifty percent (50%), or in any supporting part, member or portion less than sixty-six percent (66%) of the strength, fire resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly-constructed building of like area, height and occupancy in the same location;

13. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;

14. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;

15. Whenever any building or structure is abandoned;

16. Whenever the occupant load increases due to a change in use of an unreinforced masonry building;

17. Whenever a hazardous condition as is described in section 15.28.020 of this code is found to exist.

D. Enforcement Officer" means any county employee designated by the county administrative officer who is responsible for enforcement of this code, the Building Official or the Director of the Department of Public Health of the County or the Director's designee.

E. A "public nuisance" is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

F. "Service station" means any site improved by the installation of gasoline or other petroleum product dispensing pumps or apparatus for retail sale to the public.

G. "Substandard housing" means, in addition to the conditions described in subsection 15.32.030 C.1. through 17., that one (1) or more of the following conditions or defects are present in a dwelling unit, guest room, suite of rooms or the premises on which the same are located, which are ordinarily and customarily used for human habitation, to the extent that the life, limb, health, safety or property of the occupants or the public are in danger.

1. Inadequate sanitation, which shall include but not be limited to the following:

a) Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit;

b) Lack of or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel;

c) Lack of or improper kitchen sink;

d) Lack of hot and cold running water to plumbing fixtures in a hotel;

e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit;

f) Lack of adequate heating facilities;

g) Lack of or improper operation of required ventilation equipment;

h) Lack of minimum amounts of natural light and ventilation as required by title 15 of this code;

i) Room and space dimensions less than required by title 15 of this code;

j) Lack of required electrical lighting;

k) Excessive dampness of habitable rooms;

l) Excessive infestation of insects, vermin or rodents;

m) General dilapidation;

n) Lack of connection to functional sewage disposal system;

o) Discharge of sewage on the surface of the ground, and lack of an adequate and safe water supply.

2. Structural hazards, which include but are not limited to the following:

a) Deteriorated or inadequate foundations;

b) Defective or deteriorated flooring or floor supports;

c) Flooring or floor supports of insufficient size to carry imposed loads with safety;

d) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration;

e) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;

f) Members of ceilings, roofs, ceiling roof supports or other horizontal members with sag, split or buckle due to defective material or deterioration;

g) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

h) Fireplaces or chimneys which list, bulge or have settled, due to defective materials or deterioration;

i) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety; and

j) Cesspools and septic tanks which are structurally unsound.

3. Hazardous wiring;

4. Hazardous plumbing, which includes but is not limited to the following:

a) Any trap which is defective, unprotected against siphonage and back-pressure by vent pipe or does not have a functional sanitary trap seal;

b) Any plumbing fixture or other waste-discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition; and

c) Any other plumbing condition which is sanitarily unsafe to any person who may occupy the building.

5. Hazardous mechanical equipment;

6. Faulty weather protection, which includes but is not limited to the following:

a) Deteriorated, crumbling or loose plaster;

b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;

c) Defective of lack of weather protection for exterior wall coverings, including lack of paint or weathering; and

d) Broken, rotted, split or buckled exterior wall or roof coverings.

7. Fire hazard, which shall mean any building (or portion thereof), device, apparatus, equipment, combustible waste or vegetation which is likely to cause a fire or explosion or which is likely to provide a ready source of fuel to augment the spread and intensity of a fire or explosion;

8. Faulty materials of construction;

9. Hazardous or unsanitary premises, which shall mean those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health or safety hazards;

10. Inadequate exits;

11. Inadequate fire-protection or fire-fighting equipment, which shall mean all buildings or portions thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by title 15 of this code, or whose fire-resistive integrity and fire-extinguishing systems or equipment have not been adequately maintained and improved in relation to any increase in occupant load, alteration, addition, change in occupancy or change in use.

H. "Unused service station" means any service station or converted service station which has been closed for not less than fifty (50) weeks within a period of one (1) year. A service station shall be considered closed for each week it was not open for business at least eight (8) hours a day for five (5) days.

(Ord. No. 25-020, § 8, 10-7-2025; Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

If the Enforcement Officer identifies conditions upon real property which may lead to a substandard structure enforcement proceeding, the owner/permittee may be provided, in person or by mail, a courtesy warning letter describing the enforcement procedure and the associated fees that may be imposed. Failure of the property owner/permittee to receive such letter shall not preclude further enforcement action pursuant to this Chapter.

(Ord. No. 25-020, § 8, 10-7-2025; Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Any county employee designated by the county administrative officer who is responsible for enforcement of this code, the Building Official, or the Director of the Department of Public Health of the County or the Director's designee may determine that a building or structure or other property within the County constitutes a public nuisance and enforce the provisions of this Chapter. Staff with the Code Enforcement Division shall have primary authority for enforcement of substandard housing and dangerous building violations.

(Ord. No. 25-020, § 8, 10-7-2025)

Editor's note— Ord. No. 25-020, § 8, adopted October 7, 2025, repealed § 15.32.040 and enacted a new § 15.32.040. Former § 15.32.040 pertained to notice to owners and derived from Ord. 07-049, Exh. A.; Ord. No. 11-005, § 1, adopted May 24, 2011; Ord. No. 19-025, § 1(Exh. B), adopted December 10, 2019; Ord. No. 23-001, § 1(Exh. 2), adopted February 28, 2023.

A. Upon the finding by the Enforcement Officer that a building, structure, or partial structure constitutes an immediate and substantial threat and danger to public health, safety or welfare, the Enforcement Officer may initiate the summary abatement of the building, structure, or partial structure pursuant to the procedures in Section 1.16.050 of this Code.

B. Upon the issuance of an order calling for the immediate vacation of a building, structure or property:

1. The Enforcement Officer shall attempt to notify the occupants and owners thereof of the dangers which mandate such immediate vacation, either by telephone, telegraph or by personally visiting the premises;

2. If the imminently dangerous condition can be substantially relieved by the performance of minor repairs, disconnection of certain utility services or other acts, the official may perform such acts of work without the prior consent of or notice to the owners or occupants;

3. If such danger cannot be substantially relieved by such work and upon the failure and refusal of the occupants to voluntarily vacate such premises, the official may personally disconnect the electrical, gas and other utility services to such premises or may request the appropriate utility companies to do so; and

4. The Officer Enforcer shall post warnings to all persons not to enter such premises, stating the reasons therefore.

C. A person who enters a building posted with warning not enter, pursuant to section 15.32.045.B.4, is guilty of a misdemeanor and subject to removal of the by law enforcement officers with the Fresno County Sheriff-Coroner's Officer.

D. Summary abatement pursuant to this Section shall be conducted pursuant to the procedures in section 1.16.050.

(Ord. No. 25-020, § 8, 10-7-2025)

A. Upon the determination that a building or structure or other property within the County constitutes a public nuisance, the Enforcement Officer shall issue a notice and order to abate to the property owner(s), responsible person(s), mortgagees, and beneficiaries under a deed trust of record that public nuisance condition(s) exist upon the property, by way of a notice and order to abate prescribed in Section 1.16.060 of this code. In addition to the requirements of Section 1.16.060, the notice must also include the information that the lessor cannot retaliate against the lessee pursuant to Section 1942.5 of the California Civil Code. The notice and order to abate shall be served in the manner prescribed in Section 1.16.130 of this code.

B. The notice and order must all contain a statement describing the conditions, which render the building, structure, or property a nuisance. If, in the opinion of the Enforcement Office such conditions can be corrected or abated by repair and/or other work, such notice shall also state and describe the specific repairs and/or other work required to abate such conditions. The notice and order to abate shall order that the conditions which constitute a public nuisance be abated by repair, reconstruction, rehabilitation, demolition, removal of a building or structure, and/or other lawful means within a reasonable time as determined by the Enforcement Officer not to exceed forty-five (45) days after the date such notice was served pursuant to Section 1.16.130 of this code.

C. Upon a finding that there exists an extreme or imminent danger to the lives or safety of the occupants of a building, structure, or property, or any partition thereof, pursuant to Section 15.32.045, the Enforcement Officer may order the building, structure, or property be immediately vacated.

(Ord. No. 25-020, § 8, 10-7-2025)

Editor's note— Ord. No. 25-020, § 8, adopted October 7, 2025, repealed § 15.32.050 and enacted a new § 15.32.050. Former § 15.32.050 pertained to proceedings before the board of review and derived from Ord. 07-049, Exh. A.; Ord. No. 11-005, § 1, adopted May 24, 2011; Ord. No. 19-025, § 1(Exh. B), adopted December 10, 2019; Ord. No. 23-001, § 1(Exh. 2), adopted February 28, 2023.

A. Pursuant to Section 1.16.090 of this code, whenever a notice and order is issued to abate a violation of this chapter, as required by Section 15.32.050, the county shall not abate said public nuisance without first obtaining an order from an appeal panel or the board of supervisors, if an appeal panel is not available. Nothing in this section limits the County's authority to summarily abate a building or structure this is an imminent and substantial threat to public health and safety as authorized by Section 15.32.045.

B. Upon the failure by the property owner(s), mortgagees, and beneficiaries under a deed of trust to timely abate the building or structure deemed to be a public nuisance as required by the notice and order to abate, an appeal panel hearing shall be set pursuant to Section 1.16.120 of this code. The Enforcement Office shall provide notice of the appeal panel hearing to abate a public nuisance pursuant to procedures in section 1.16.100 of this code.

C. The appeal panel hearing shall be conducted pursuant to the procedures in sections 1.16.120 and 1.16.130 of this code.

(Ord. No. 25-020, § 8, 10-7-2025)

Editor's note— Ord. No. 25-020, § 8, adopted October 7, 2025, repealed § 15.32.060 and enacted a new § 15.32.060. Former § 15.32.060 pertained to hearings and derived from Ord. 07-049, Exh. A.; Ord. No. 11-005, § 1, adopted May 24, 2011; Ord. No. 19-025, § 1(Exh. B), adopted December 10, 2019; Ord. No. 23-001, § 1(Exh. 2), adopted February 28, 2023.

Editor's note— Ord. No. 25-020, § 8, adopted October 7, 2025, repealed § 15.32.070. Former § 15.32.070 pertained to appeal to Board of supervisors and derived from Ord. 07-049, Exh. A.; Ord. No. 11-005, § 1, adopted May 24, 2011; Ord. No. 19-025, § 1(Exh. B), adopted December 10, 2019; Ord. No. 23-001, § 1(Exh. 2), adopted February 28, 2023.

Judicial review of an appeal panel's or board of supervisors' final decision to abate a substandard or dangerous building is governed by California Code of Civil Procedure sections 1094.5 and 1094.6.

(Ord. No. 25-020, § 8, 10-7-2025)

Editor's note— Ord. No. 25-020, § 8, adopted October 7, 2025, repealed § 15.32.080 and enacted a new § 15.32.080. Former § 15.32.080 pertained to time to bring action and derived from Ord. 07-049, Exh. A.; Ord. No. 11-005, § 1, adopted May 24, 2011; Ord. No. 19-025, § 1(Exh. B), adopted December 10, 2019; Ord. No. 23-001, § 1(Exh. 2), adopted February 28, 2023.

A. Pursuant to Section 1.16.140 and after the expiration of the period specified in written decision and order, the county may take such action to abate the nuisance as authorized by the written decision and order by the appeal panel or board of supervisor, and the Enforcement Officer may cause whatever work is necessary to abate the public nuisance. The Enforcement Officer, through the office of county counsel, may apply to a court of contempt jurisdiction for the purpose of obtaining a warrant to inspect the property to determine if the public nuisance remains and to enter the property for undertaking of the work to abate the public nuisance.

B. The work necessary to abate the condition(s) of the building, structure, or other property determined to be a public nuisance may be performed by County employees and/or the County's hired contractors.

C. The Enforcement Officer shall keep an itemized account of the cost of abatement.

(Ord. No. 25-020, § 8, 10-7-2025; Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A. The building materials contained in such building which has been razed or removed, or on such property on which a nuisance has been abated, may be sold by the County at public sale to the highest responsible bidder after not less than five (5) days' notice of intended sale, published at least once in a newspaper of general circulation in Fresno County, either before or after the building is razed or removed.

B. The Enforcement Officer shall keep an itemized account of the expenses incurred in abating any nuisance and shall deduct therefrom the amounts received from the sale of such building materials.

(Ord. No. 25-020, § 8, 10-7-2025; Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

A. All abatement costs in any enforcement action to abate substandard housing or dangerous building as a public nuisance shall be recoverable.

B. When the county has completed the work of abatement, or has paid for the work, the Enforcement Officer shall prepare, pursuant to Section 1.16.150 of this code, an "abatement expense statement" showing all abate costs for the razing, removing, demolishing, or otherwise performing work on such a building. The county shall demand payment of said costs within fifteen (15) calendar days of the date of service of the abatement expense statement.

C. The abatement expense statement shall be served in accordance with Section 1.16.130.

D. If abatement costs are not paid in full within fifteen (15) calendar days after service of the abatement expense statement, an abatement cost confirmation hearing will be set, and notice of the cost confirmation hearing will be provided to the owner in accordance with Sections 1.16.150 and 1.16.160 of this code.

E. An abatement cost confirmation hearing for recovery of the abatement costs shall be conducted in accordance with Section 1.16.170 of this code.

F. Any abatement costs confirmed after the abatement cost confirmation hearing shall become delinquent and may be collected by the county through legal means, including as a special assessment and/or lien on the violation real property in accordance with the procedures set forth in Section 1.16.170.

(Ord. No. 25-020, § 8, 10-7-2025)

Editor's note— Ord. No. 25-020, § 8, adopted October 7, 2025, repealed § 15.32.110 and enacted a new § 15.32.110. Former § 15.32.110 pertained to statement of expense and derived from Ord. 07-049, Exh. A.; Ord. No. 11-005, § 1, adopted May 24, 2011; Ord. No. 19-025, § 1(Exh. B), adopted December 10, 2019; Ord. No. 23-001, § 1(Exh. 2), adopted February 28, 2023.

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Board of Supervisors hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. 25-020, § 8, 10-7-2025)