Fresno Municipal Code Art. 3 Housing Regulations

This article shall be known and cited as the "Fresno Housing Regulations." When used in this article "this article" means the Fresno Housing Regulations.

(Added Ord. 97-69, § 2, eff. 1-4-98).

The Council finds that substandard buildings or structures, as defined in this article, are a public nuisance by virtue of their conditions or defects to the extent that the life, health, property or safety of the public or their occupants are endangered. The Council further finds that immediate abatement of substandard buildings or structures by repair, rehabilitation, demolition or removal is necessary to protect and preserve the safety of citizens and communities where such structures are found.

The purposes of this article are to safeguard, remedy and prevent the decay and deterioration of residential buildings and property as defined herein, and to eliminate slums and blighted neighborhoods by providing minimum housing and property maintenance standards for the protection of life, health, welfare, safety, environment, and property of the general public and of the owners and occupants of such buildings.

The procedures established in this article are cumulative and in addition to any other remedy established by law and that these procedures are substantially similar to those procedures set forth in Title 25 California Code of Regulations Article 6 § 48 et seq.

(Added Ord. 97-69, § 2, eff. 1-4-98).

(a) The provisions of this article shall apply to the construction, alteration, moving, demolition, repair and use of any building or structure or buildings or portions thereof used, or designed or intended to be used, for human habitation.

(b) Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this article shall apply to the separate portions as if they were separate buildings.

(c) Rooming houses, congregate residences or lodging houses shall comply with all the requirements of this article for dwellings.

(Added Ord. 97-69, § 2, eff. 1-4-98).

For the purposes of this article, certain terms, phrases, words and their derivatives shall be construed as specified in either this article or as specified in the Fresno Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of The English Language, Unabridged, copyright 1986, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

(a) "Fresno Building Code" shall mean Article 1 of Chapter 11, Article 5 of Chapter 10 and Article 3 of Chapter 11 of the Fresno Municipal Code.

(b) "Board-up" is the temporary and interim measure to board-up building openings and secure the structure from unauthorized public entry. It is not considered compliance with a Notice and Order or correction of any violation.

(c) "Building Official" shall include the Building Official or any of his/her designated enforcement officials or authorized representatives, or charter official authorized to enforce violations of this code.

(d) "Congregate Residence" is any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by this article, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.

(e) "Efficiency Dwelling Unit" is a dwelling unit containing only one habitable room and meeting the requirements of Section 13-1100.402(b) exception.

(f) "Imminent Life Safety Hazard" shall mean any emergency situation involving physical safety or one that is reasonably certain to place life or limb in peril.

(g) "Hot Water" is hot water supplied to the plumbing fixtures at a temperature not less than 110° F. (43.3° C).

(h) "Lodging House" is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.

(i) "Nuisance." The following shall be defined as nuisances:

(1) Any public nuisance known at common law or in equity jurisprudence.

(2) Any nuisance defined pursuant to Part 3 (Commencing with Section 3479) or Division 4 of the Civil Code.

(3) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

(4) Whatever is dangerous to human life or is detrimental to health.

(5) Overcrowding a room with occupants.

(6) Insufficient ventilation or illumination.

(7) Inadequate or unsanitary sewage or plumbing facilities.

(8) Uncleanliness, as determined by the Building Official.

(9) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

(j) "Owner" and "Property Owner" shall mean the owner or owners of record of the subject property as shown on the latest equalized assessment roll of Fresno County, or as otherwise actually know to the Building Official.

(Added Ord. 97-69, § 2, eff. 1-4-98; Am. Ord. 2019-019, § 7, eff. 9-19-19).

(a) Authority. The Building Official is hereby authorized and directed to enforce all of the provisions of this article. For such purposes, the Building Official shall have the powers of a law enforcement officer.

The Building Official shall have the power to render interpretations of this article and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such article interpretations, rules and regulations shall be in conformity with the intent and purpose of this article.

(b) Right of Entry. The Building Official is authorized to enter upon any property or premises to ascertain whether provisions of this article or applicable state codes, regulations or ordinances are being obeyed, and to make examination and surveys as may be necessary in the performance of their duties. These may include taking photographs, video, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner and with the consent of the owner, agent or occupant. If an owner, occupant or agent refuses permission to enter or inspect, the Building Official may seek an administrative warrant pursuant to the procedures provided for in Code of Civil Procedure Sections 1822.50 through 1822.59 to perform duties imposed upon the Building Official.

(c) Responsibilities Defined. Owners remain liable for violations of duties imposed by this article even though an obligation is also imposed on the occupants of the building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this article.

Building and structures and parts thereof shall not be maintained in unsafe or unsanitary conditions as specified in this article. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected.

Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.

Owners shall furnish and maintain such approved sanitary facilities as required by this article, the Fresno Building Code or other applicable state statutes and regulations and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling, when required by this code, or the Building Official.

Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by this article, or the Building Official.

Occupants shall furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary, when required by this article, or the Building Official.

(Added Ord. 97-69, § 2, eff. 1-4-98).

All buildings or portions thereof which are determined, after inspection, by the Building Official to be Substandard as defined in this article are hereby declared to be public nuisances, and such nuisances shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Section 11-327 of this article.

(Added Ord. 97-69, § 2, eff. 1-4-98).

(a) It shall be unlawful for any person, firm or corporation or other entity to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this article. Each day that any building or lot is used, occupied or maintained contrary to any provisions of this article shall be deemed a separate offense.

(b) Violations deemed a threat to health and safety as defined in this Code or pursuant to Health and Safety Code Section 17920.3 shall be penalized as set forth in the Master Fee Schedule.

(c) Serial Violator.

(1) Definitions. For purpose of this section, the following terms shall be defined as follows:

(i) Property Owner shall mean a person or entity with an ownership interest in a property, and shall include all entities in which that person or entity has an ownership interest.

(ii) Citation shall be as defined in Section 1-308, whether resulting in bringing the property into compliance, a fine, or other remedy; Citation, for the purposes of this section alone, shall not include instances in which an issued citation results in the Property Owner prevailing upon an ultimate determination that there was no violation.

(2) Any Property Owner who receives at least one Citation for each of ten or more of its properties within a twelve month period shall be deemed a Serial Violator.

(3) Following the tenth Citation, each subsequent Citation of any type at any property owned by Property Owner shall be penalized as follows:

(i) $1,000 for the first violation.

(ii) $5,000 for the second violation.

(iii) $10,000 for the third and each subsequent violation, and/or, the City Attorney may prosecute the third and each subsequent violation as a misdemeanor, with the maximum penalties as provided in the Charter and this Municipal Code.

(4) A Property Owner shall be considered a Serial Violator until the Property Owner has completed a twelve month period with no Citations at any of its properties.

(Added Ord. 97-69, § 2, eff. 1-4-98; Am. Ord. 2016-38, § 2, eff. 10-20-16; Am. Ord. 2019-035, § 2, eff. 11-11-19).

No building or structure regulated by this article shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished without first obtaining all required permits and a separate permit for each building or structure from the Building Official in the manner and according to the applicable conditions prescribed in his code. Time periods set forth in this article Supersede all other time allotments ordinarily permitted under the provisions of the Fresno Building Code.

(Added Ord. 97-69, § 2, eff. 1-4-98).

(a) Notwithstanding the requirements for the issuance of permits as provided for in Chapter 11 of the Fresno Municipal Code, building permits may be issued to owners of single-family dwellings for work required by a Notice and Order to repair, rehabilitate or demolish, issued pursuant to this article, provided all other subsections of Chapter 11 are satisfied and all required fees are paid as specified in the code.

(b) Inspection fees for annual inspections of hotels, motels, rooming houses, and large family day care facilities shall be set forth in the master fee resolution. The purpose and intent of the inspection fees are to cover the total city cost attributed to the inspection services provided by the city. Such fees are to cover one hundred percent of the cost of these services. The controller shall certify that these funds will be and are being used only for the above purpose and intent.

(Added Ord. 97-69, § 2, eff. 1-4-98).

Buildings or structures within the scope of this article and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by the Fresno Building Code.

(Added Ord. 97-69, § 2, eff. 1-4-98).

All buildings shall be located with respect to property lines and to other buildings on the same property as required by the Fresno Building Code.

(Added Ord. 97-69, § 2, eff. 1-4-98).

(a) Scope. This section shall apply to yards and courts having required window openings therein.

(b) Yards. Every yard shall not be less than 3 feet (914 mm) in width for one-story and two-story buildings. For buildings more than two stories in height, the minimum width of the yard shall be increased at the rate of 1 foot (305 mm) for each additional story. Where yards completely surround the building, the required width may be reduced by 1 foot (305 mm). For buildings exceeding 14 stories in height, the required width of yard shall be computed on the basis of 14 stories.

(c) Courts. Every court shall not be less than 3 feet (14 mm) in width. Courts having windows opening on opposite sides shall not be less than 6 feet (1829 mm) in width. Courts bounded on three or more sides by the walls of the building shall not be less than 10 feet (3048 mm) in length unless bounded on one end by a public way or yard. For buildings more than two stories in height, the court shall be increased 1 foot (305 mm) in width and 2 feet (610 mm) in length for each additional story. For buildings exceeding 14 stories in height, the required dimensions shall be computed on the basis of 14 stories.

Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than 10 square feet (0.93 m 2 ) in area and leading to the exterior of the building unless abutting a yard or public way. The construction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one-hour fire-resistive.

(Added Ord. 97-69, § 2, eff. 1-4-98).

(a) Ceiling Heights. Habitable space shall have a ceiling height of not less than 7 feet 6 inches (2286 mm) except as otherwise permitted in this section. Kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than 7 feet (2134 mm) measured to the lowest projection from the ceiling. Where exposed beam ceiling members are spaced at less than 48 inches (1219 mm) on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at 48 inches (1219 mm) or more on center, ceiling height shall be measured to the bottom of the desk supported by these members, provided that the bottom of the members is not less than 7 feet (2134 mm) above the floor.

If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than 5 feet (1524 mm) from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.

If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet (2134 mm).

(b) Floor Area. Dwelling units and congregate residences shall have at least one room which shall have not less than 120 square feet (11.2 m 2 ) of floor area. Other habitable rooms, except kitchens, shall have an area of not less than 70 square feet (6.5 m 2 ). Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet (4.65 m 2 ) for each occupant in excess of two.

Exceptions: Nothing in this section shall prohibit the use of an efficiency living unit within an apartment house meeting the following requirements:

(1) The unit shall have a living room of not less than 220 square feet (20.4 m 2 ) of superficial floor area. An additional 100 square feet (9.3 m 2 ) of superficial floor area shall be provided for each occupant of such unit in excess of two.

(2) The unit shall be provided with a separate closet.

(3) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this article shall be provided.

(4) The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

(c) Width. No habitable room other than a kitchen shall be less then 7 feet (762 mm) in any dimension.

Each water closet stool shall be located in a clear space not less than 30 inches (76 mm) in width and a clear space in front of the water closet stool of not less than 24 inches (610 mm) shall be provided.

(Added Ord. 97-69, § 2, eff. 1-4-98).

(a) General. For the purposes of determining the light or ventilation required by this section, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the floor area of the interior room or 25 square feet (2.3 m 2 ), whichever is greater.

Exterior openings for natural light or ventilation required by this section shall open directly onto a public way or a yard or court located on the same lot as the building.

Exceptions:

(1) Required windows may open into a roofed porch where the porch:

(i) Abuts a public way, yard, court; and

(ii) Has a ceiling height of not less than 7 feet (2134 mm); and

(iii) Has a longer side at least 65 percent open and obstructed.

(2) Skylights.

(b) Lights. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural light by means of exterior glazed openings with an area not less than one tenth of the floor area of such rooms with a minimum of 10 square feet (0.93 m 2 ).

(c) Ventilation. Guest rooms and habitable rooms within a dwelling unit or congregate residence shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one twentieth of the floor area of such rooms with a minimum of 5 square feet (0.46 m 2 ).

In lieu of required exterior openings for natural ventilation, a mechanical ventilating system may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms, dormitories, habitable rooms and in public corridors. One fifth of the air supply shall be taken from the outside.

Bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than one twentieth of the floor area of such rooms with a minimum of 1½ square feet (0.14 m 2 ).

In lieu of required exterior openings for natural ventilation in bathrooms containing a bathtub or shower or combination thereof, laundry rooms, and similar rooms, a mechanical ventilation system connected directly to the outside capable of providing five air changes per hour shall be provided. The point of discharge of exhaust air shall be at least 3 feet (914 mm) from any opening into the building. Bathrooms which contain only a water closet or lavatory or combination thereof, and similar rooms may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air.

(d) Hallways. All public hallways, stairs and other exitways shall be adequately lighted at all times in accordance with the Fresno Building Code. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) Dwelling Units Lodging Houses and Congregate Residences. Dwelling units, lodging houses and congregate residences shall be provided with a bathroom equipped with facilities consisting of a water closet, lavatory, and either a bathtub or shower.

(b) Hotels. Hotels or subdivisions thereof where both sexes are accommodated shall contain at least two separate toilet facilities which are conspicuously identified for male or female use, each of which contains at least one water closet.

Exceptions: Hotel guest rooms may have one unidentified toilet facility.

Additional water closets shall be provided on each floor for each sex at the rate of one for every additional 10 guests, or fractional part thereof, in excess of 10.

(c) Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted.

(d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation.

All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material.

(e) Water Closet Compartments. Walls and floors of water closet compartments, except in dwellings, shall be finished in accordance with this chapter and the Fresno Building Code.

(f) Room Separations. Every water closet, bathtub or shower required by this chapter and the Fresno Building Code shall be installed in a room which will afford privacy to the occupant.

(g) Installation and Maintenance. All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with applicable requirements of the Plumbing Code. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) General. Buildings or structures may be of a type of construction permitted by the Fresno Building Code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in appropriate sections of the Fresno Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Fresno Building Code.

(b) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.

(c) Protection of Materials. All wood shall be protected against termite damage and decay as provided in the Fresno Building Code. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) Heating. Dwelling units, guest rooms and congregate residences shall be provided with heating facilities capable of maintaining a room temperature of 70° F (21.1° C) at a point 3 feet (914 mm) above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Section 3102 of the Fresno Building Code, the Mechanical Code and all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type.

(b) Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.

Where there is electrical power available within 300 feet (91.4 m) of any building, such building shall be connected to such electrical power.

Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric light fixture.

(c) Ventilation. Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the Fresno Building Code. Where mechanical ventilation is provided in lieu of the natural ventilation as required by Section 11-314 of this article, such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion. (Added Ord. 97-69, § 2, eff. 1-4-98).

Dwelling units or guest rooms shall have access directly to the outside to a public corridor. All buildings or portions thereof shall be provided with exits, exitways and appurtenances as required by the Fresno Building Code.

Sleeping rooms below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. (Added Ord. 97-69, § 2, eff. 1-4-98).

All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the Fresno Building Code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fire-extinguishing systems or equipment required by the Fresno Building Code. (Added Ord. 97-69, § 2, eff. 1-4-98).

Health and Safety Code section 17920.3 "substandard building" is hereby adopted by the City of Fresno. (Added Ord. 97-69, § 2, eff. 1-4-98).

Notwithstanding any other remedies available by law, whenever the Building Official has inspected or caused to be inspected any building and has determined that such building is a substandard building pursuant to this article, the Building Official may commence any of the following proceedings, to cause the repair, rehabilitation, vacation or demolition of the building:

(a) Issue a notice of violation; or

(b) Issue a Notice and Order; or

(c) Summarily abate; or

(d) Issue an administrative citation; or

(e) Request the City Attorney to institute legal action. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) The Building Official, in his/her discretion, may issue a notice of violation to the record owner of the property. This issuance of a notice of violation is not a prerequisite to any other action, including issuance of a Notice and Order. The notice of violation is a non-appealable warning with direction to correct the violation. The notice of violation shall include all of the following:

(1) Name of the property's record owner;

(2) Street address of the property in violation;

(3) The code section(s) in violation;

(4) A description of the property's condition which violates the applicable codes;

(5) A deadline or specific date to correct the violations listed in the notice of violation;

(6) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including, but not limited to: administrative remedies; criminal prosecution; civil action; administrative abatement; civil penalties; revocation of permits; recordation of the notice of violation.

(b) Service of a notice of violation may be served upon the record owner by regular first class mail or personal service. Service is effective on the date of mailing, or personal service. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) Issuance. The Building Official may issue a Notice and Order. The Notice and Order shall contain:

(1) The street address and an assessors parcel number of the premises on which the building or structure is located, sufficient for identification;

(2) Reference to all code sections violated with a brief and concise description of the conditions found which render the building substandard under the terms of one or more sections of this code or any applicable state law.

(3) A statement of the required action to permanently correct outstanding violations, which may include any or all of the following measures:

(i) Repair and Rehabilitation. If the Building Official determines that the building or structure can be reasonably repaired, the Notice and Order shall establish that all required permits be obtained and work physically commenced within a reasonable time. The Notice and Order shall also establish a reasonable time to complete all repairs.

(ii) Repair or Demolition. If the Building Official determines that the building or structure cannot be repaired within the guidelines established in California Health and Safety Code Section 17980, the Notice and Order shall advise that all required permits be immediately obtained and that repair or demolition shall be commenced within a reasonable time. The Notice and Order shall also establish a reasonable time to complete the repairs or demolition.

(4) A statement enumerating the action that can be taken by the City should the responsible party fail to comply with the terms and deadlines as prescribed in the Notice and Order.

(5) A statement advising that any person having any record title or interest in the building may appeal any Notice and Order served, provided the appeal is made in writing, pursuant to Article 5 of Chapter 11 of this code, within 15 days of the service of the Notice and Order. Failure to file an appeal in accordance with this article shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or any portion thereof.

(6) A statement advising the owner that in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year.

(b) Service.

(1) The Notice and Order, or any amended Notice and Order, shall be served on the following parties:

(i) The record owner of the property; and,

(ii) The holder of a mortgage, deed of trust or other lien on the property, if recorded or otherwise actually known to the Building Official at the time the Notice and Order is served.

(iii) If different than (i) or (ii) above, the tenant of any building or structure pursuant to California Health and Safety Code Section 17980(c).

(2) Service shall be completed in the following manner:

(i) Posting the notice conspicuously on or in front of the property; and,

(ii) Simultaneously, the same notice shall be sent by regular mail and certified mail (return receipt requested). If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. Service by certified or regular mail in the manner described above shall be effective on the date of mailing. Tenants need not be served with Notice and Order under this subsection as posting of the building or structure under subsection (i) above is sufficient; or

(iii) Personal service;

(iv) If the Building Official is unable to effectively serve the Notice and Order as permitted under subsection (b)(2)(i) and (ii) or (iii) above, the Building Official may publish the Notice and Order in a newspaper of general circulation (as defined in Govt. Code § 6000), published in this jurisdiction. Publication of the Notice and Order pursuant to this section shall be for ten days. The period of notice commences upon the first day of publication and terminates at the end of the tenth day, including therein the first day. Publication shall be made on each day on which the newspaper is published during the period. Service is deemed complete on the last day of publication.

(3) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this article.

(4) Proof of service of the Notice and Order shall be documented at the time of service by a declaration under penalty of perjury, executed by the person effecting service, declaring the time and manner in which service was made. If service is effectuated by certified mail, the declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the Notice and Order retained by the Building Official.

(c) Recording of Notice and Order. At the time the Notice and Order is served the Building Official may record with the County Recorder a notice of pending administrative action. When the Notice and Order becomes final pursuant to 11-333(a), the Building Official shall file in the office of the County Recorder a certificate legally describing the property and certifying that the building is a substandard building and the owner has been so notified. Whenever the corrections ordered shall have been completed, or the Notice and Order reversed, modified or set aside by the Building Commission upon appeal, so that the building no longer exists as a substandard building on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder that the building has been demolished or removed or is no longer substandard. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) Whenever the Building Official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the Building Official may exercise the following powers without prior notice to the responsible person:

(1) Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed; and/or

(2) Post the premises as unsafe, substandard or dangerous; and/or

(3) Board, fence or secure the building or site until the building or structure is repaired, rehabilitated or demolished; and/or

(4) Demolish and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public; and/or

(5) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and/or

(6) Take any other action as appropriate under the circumstances.

(b) A Building Official shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard.

(c) Upon completion of the summary abatement, the Building Official shall notify the record owner of the property, the holder of any mortgage, deed of trust or other lien on the property, if recorded, or otherwise actually known to the Building Official, and any tenants of the building or structure, of the following:

(1) The building location;

(2) The condition of the property;

(3) The violations;

(4) Any action by the Building Official taken to summarily abate the imminent life safety hazard and the costs incurred therein;

(5) The right to appear at the hearing and object to the determination made and the summary action taken by the Building Official.

Service of the Notice shall be given in the same manner as Section 11-327(b). The notice shall set a hearing date before the City Hearing Officer, not sooner than 15 days from service, for the Building Official to establish that said building or structure was substandard and required the immediate action taken. If the Hearing Officer finds that there was not an imminent life safety hazard, or the action taken by the Building Official was more than necessary to eliminate the life safety hazard, the Hearing Officer shall order the property restored to its original condition or a condition which eliminates the imminent life safety hazard. If the property cannot be restored, the Hearing Officer shall continue the hearing for a period of not less than 30 days to allow both parties to gather and present evidence on the reasonable value of the property loss. Within 15 days of the conclusion of the continued hearing the Hearing Officer will, based on the evidence presented, file with the City Clerk's Office and mail a copy to Appellant and the Building Official, his/her findings of fact and decision to compensate the property owner or not and the monetary amount, if any, to be compensated. The City Council, shall, at its next scheduled hearing, after the filing of such findings of fact and decision with the City Council, or on a date to which the matter may have been continued by the Council, without taking evidence or hearing argument on behalf of either Appellant or City, consider the findings of fact and decision of the Hearing Officer and either affirm, modify, modify with conditions or revoke the order. Notice in writing of the decision of the Council shall be mailed to Appellant, and filed with the Building Official and the City Attorney.

(d) The Building Official shall keep an itemized account of the expenses incurred by the city in removing or isolating such condition or conditions. The costs incurred by the city in summarily abating the violation may be recovered by the city pursuant to Chapter 1, Article 5 of this Code. (Added Ord. 97-69, § 2, eff. 1-4-98; Am. Ord. 2002-51, § 18, eff. 10-31-02).

The Building Official may issue an administrative citation pursuant to Section 1-308. Appeal of an administrative citation may be made pursuant to Chapter 1, Article 4. (Added Ord. 97-69, § 2, eff. 1-4-98; Am. Ord. 2005-14, § 45, eff. 4-9-05).

Any person entitled to service under subsection (b) of Section 11-327 may appeal from any Notice and Order of the Building Official pursuant to Section 11-501 within 15 days of service of the Notice and Order. (Added Ord. 97-69, § 2, eff. 1-4-98).

Any violation of the Fresno Building Code may be corrected or abated as follows:

(a) Repair, alterations or additions requiring permits shall be repaired, altered or added in accordance with Section 3403 of the Fresno Building Code. Maintenance repairs not requiring permits may be completed in accordance with the applicable Code at the time of original construction.

(b) Demolition of the building or structure or portion thereof in violation.

(c) If the building or structure is vacant and does not constitute an immediate danger to life, limb, property or safety, it may be temporarily boarded and secured against entry pursuant to Section 11-335 of this article. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it may be ordered to be vacated and secured, pursuant to this article.

(b) In deciding whether to require vacation and demolition of the building or structure or repair as necessary, the Building Official shall comply with the guidelines of Health and Safety Code Section 17980.

(c) If the building is ordered vacated, the Building Official shall post the building at each entrance thereto a notice reading:

DO NOT ENTER UNSAFE TO OCCUPY BUILDING OFFICIAL OF CITY OF FRESNO

It is a misdemeanor to occupy this building or to remove or deface this notice.

Fresno Municipal Code Section 11-332.

Whenever such notice is so posted, the Building Official shall include a notification thereof in the Notice and Order issued by him/her under Section 11-327 of this section, specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has posted with a notice as prescribed in this subsection, except that entry may be made to repair, demolish, or remove such building or as otherwise permitted by the Building Official. No person shall remove or deface any such notice until the required repairs, demolition or removal has been completed and a certificate of occupancy issued pursuant to the provisions of the Fresno Building Code. (Added Ord. 97-69, § 2, eff. 1-4-98).

(a) After any Notice and Order of the Building Official made pursuant to this article shall have become a final order, either by decision of the Building Commission affirming or modifying the same, or by failure to file an appeal within the time prescribed herein, no person or entity shall fail, neglect, or refuse to obey any such order. Any such person or entity who fails to comply with any such order is guilty of a misdemeanor.

(b) If, after any Notice and Order of the Building Official made pursuant to this article has become a final order, as described in Subsection (a) above, and the responsible party has failed to timely commence the corrections or failed to timely complete the corrections, as required by the final order, the Building Official may:

(1) Cause the building to be vacated by posting pursuant to subsection (c) until the repair or rehabilitation is complete or the building or structure demolished; and/or,

(2) Issue administrative citations pursuant to Section 1.105 et seq.; and/or

(3) Request the City Attorney to exercise his/her discretion in the alternative, or cumulatively, to institute court action; and/or,

(4) Proceed with administrative abatement by scheduling an administrative enforcement hearing, pursuant to subsection (d);

(5) Secure the building or structure against entry;

(c) If the Building Official proceeds under subsection (b)(1), the Building Official may cause the substandard building to be vacated by posting at each entrance thereto a notice reading:

SUBSTANDARD BUILDING DO NOT OCCUPY BUILDING OFFICIAL OF THE CITY OF FRESNO

It is a misdemeanor to occupy this building or to remove or deface this notice.

Fresno Municipal Code Section 11-424.

No person shall occupy any building which has posted. No person shall enter any building which has been posted except that entry may be made to repair, demolish, or remove such building or as otherwise permitted by the Building Official.

No person shall remove or deface any such notice until the repairs, demolition, or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of the Fresno Building Code.

(d) If the Building Official elects to proceed with administrative abatement of such violation pursuant to subsection (b)(4), the Building Official shall schedule and notice an administrative abatement hearing under Chapter 1, Article 4. Notice of the hearing shall be served in the same manner as the Notice and Order. The Notice shall state how the city intends to abate the nuisance, i.e., demolition and that said abatement will be done at the expense of the owner. The notice shall direct the owner to appear before the City Hearing Officer and show cause why such building should not be found to be a nuisance and said nuisance be abated by the city, in the manner proposed by the city at the cost and expense of the record owner. The hearing shall be set no earlier than 15 calendar days from the date of service. The Hearing Officer shall be limited to considering evidence respecting the condition of said building or structure, the estimated cost of repair or rehabilitation and the estimated value of the building or structure, solely for the purpose of confirming, modifying or rejecting the Building Official's abatement procedure as set forth in the Notice and Order. The Hearing Officer shall consider and the order shall include a reflection on the economic feasibility or infeasibility of repair and consider the need for housing as expressed in the current housing element. The Hearing Officer shall then confirm, modify or reject the Building Official's proposal for administrative abatement. If the Hearing Officer confirms or modifies the Building Official's proposal for administrative abatement, the Hearing Officer shall issue an order directing the Building Official to proceed with administrative abatement as confirmed or modified at the owner's expense.

(e) Reserved.

(f) Recovery of Abatement Costs. The city shall recover the costs of abatement incurred under the provisions of this article, pursuant to Chapter 1, Article 5 of the Code.

(Added Ord. 97-69, § 2, eff. 1-4-98; Am. Ord. 2002-51, § 24, eff. 10-31-02; Am. Ord. 2005-14, §§ 17, 46, eff. 4-9-05).

(a) The Building Official shall have the discretionary power, to grant extensions of time to comply with the Notice and Order upon receipt of the following: (1) an application from a person required to conform to a Notice and Order and (2) a written agreement binding such person to comply with said order. The extension of time shall be granted only in 30-day increments, not to exceed an additional one hundred twenty days within which to complete said repair or rehabilitation. Such extension may be granted if the Building Official determines that said action will not create or perpetuate a situation imminently dangerous to life or property. The Building Official's authority to extend time is limited to the physical repair, or rehabilitation of the premises and will not in any way affect or extend the time to appeal any Notice and Order.

(Added Ord. 97-69, § 2, eff. 1-4-98).

Editor's note— Ord. 2015-11, § 4, effective June 19, 2015, amended the Code by repealing former § 11-335 in its entirety. Former § 11-335 pertained to standards for temporarily boarding a vacant building or structure, and derived from Ord. 97-69, effective January 4, 1998; and Ord. 2002-51, effective October 31, 2002.

If a vacant structure previously boarded and secured by the responsible party or the Building Official, pursuant to a Notice and Order or final order, becomes unsecured or open to unauthorized entry, the Building Official may, without further prior notice proceed to resecure the property at the expense of the owner. Costs incurred in resecuring may be recovered pursuant to this code.

(Added Ord. 97-69, § 2, eff. 1-4-98).

(a) There is hereby established a special revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Building Official or his/her authorized representative to defray the costs and expenses which may be incurred by the city in causing the necessary work of repair or demolition of substandard, unsafe or dangerous buildings.

(b) The Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the city such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of any monies recovered under Chapter 1, Article 6 of this Code. All funds collected, either upon voluntary payments, as a result of the sale of property after delinquency, or any other method, shall be paid when collected to the Controller and Director of Finance, who shall place the same in the Repair and Demolition Fund.

(Am. Ord. 2002-51, § 26, eff. 10-31-02).

(a) Definitions. For the purposes of this Section, the following definitions apply:

(1) "Displaced." A person is displaced, within the meaning of this Section, if the tenant is ordered to move out of a Residential Unit or structure by an order to vacate.

(2) "Owner" means the person or entity identified and listed as having title by the latest property tax assessment roll, maintained by the Fresno County Assessor.

(3) "Tenant" shall mean:

(i) any renter, subtenant, lessee, sublessee, or their dependents of a Residential Unit; or

(ii) any group of renters, tenants, subtenants, lessees, sublessees or any other person entitled to the use or occupancy of a Residential Unit; or

(iii) any person or his or her dependents who has occupied any of one or more units of a facility or complex for more than 30 days within a 60-day period with Owner consent; or

(iv) any person who has entered into a written lease agreement to reside in a facility or complex for longer than 30 days in a 60-day period; or

(v) any legal successor of any of the foregoing.

(4) "Residential Unit" means any dwelling, apartment, room, or place that is being used for residential purposes where rent is charged by the owner to the tenant, whether or not the residential use is a conforming use permitted under the Fresno Municipal Code.

(5) "Order to Vacate" means the first written notice by an authorized city official to the owner and posted on the affected property declaring that the Residential Unit or structure shall be vacated, either immediately or at a future specified date.

(6) "Vacation Date" means the date by which a tenant is required to vacate a Residential Unit or structure pursuant to an order by an authorized city official.

(b) Relocation Benefits. Any Tenant who is Displaced or subject to Displacement from a Residential Unit as a result of an Order to Vacate by an authorized city official as a result of a violation so extensive and of such a nature that the immediate health and safety of the resident(s) is endangered, shall be entitled to receive relocation benefits from the Owner as specified in California Health and Safety Code Section 17975-17975.10. Pursuant to Health and Safety Code Section 17975 et seq., the city shall determine the Tenant's eligibility for relocation benefits. An Owner or designated agent may appeal the order to pay relocation benefits in the manner set forth in Chapter 1, Article 4, of the Fresno Municipal Code.

(c) Tenant Caused Conditions. No relocation benefits shall be payable to any tenant who has caused or substantially contributed to the condition giving rise to the Order to Vacate.

(d) Natural Disasters. An Owner or designated agent shall not be liable for relocation benefits if the city determines the Residential Unit or structure became unsafe or hazardous as the result of a fire, flood, earthquake, or other event beyond the control of the Owner or the designated agent and the Owner or designated agent did not cause or contribute to the condition.

(e) Intra-Property Relocation. The owner of a facility or complex shall, if safe and legal, make provisions with Tenant consent to relocate Displaced Tenants from one unit to another within a facility, to avoid displacement.

(f) City Payment of Relocation. In the event the Owner fails, neglects, or refuses to pay a Displaced Tenant relocation benefits pursuant to this Section the city may, from available funds, make payment of such relocation benefits as the City Attorney determines is necessary to assist the Displaced Tenant to relocate, up to the amount payable by the Owner as specified in California Health and Safety Code Section 17975-17975.10.

(1) Any Displaced Tenant who has vacated his or her premises based on the City's Order to Vacate the premises due to a violation so extensive and of such a nature that the immediate health and safety of the Tenant(s) is endangered may request relocation benefits are paid to him or her by the city. To be eligible for benefits hereunder, Displaced Tenants must be entitled to relocation benefits, and the Owner has failed to pay benefits due. Displaced Tenants shall apply to the City Attorney for benefits no later than fifteen days after the Vacation Date. The City Attorney shall take into consideration the amount needed by the Tenant to secure alternative housing and the Tenant's financial circumstances.

(2) Relocation benefits may be paid to the Tenant or on behalf of the Tenant at the sole discretion of the City Attorney. The City Attorney shall have sole discretion to determine the amount, type, and duration of the relocation benefits.

(3) The city shall be entitled to recover from the Owner any amount paid to a Tenant if the Owner would be required to pay pursuant to California Health and Safety Code Section 17975-17975.10. The city shall also be entitled to recover from the Owner an additional amount equal to one-half the amount so paid, not to exceed the amount set forth in Health and Safety Code Section 17975.5(a) as a penalty for failure to make timely payment of the Displaced Tenant and city's actual costs (including direct and indirect costs) of administering the provision of benefits to the Displaced Tenant.

(4) Any amounts paid by the city and any applicable penalties and administrative costs may also be made a personal obligation of the Owner and placed as a lien against the property, and/or a special assessment.

(5) The city shall prior to instituting any action to collect from the property owner or designated agent relocation benefits paid pursuant to this Section, or to impose a lien therefor, send to the Owner or designated agent by first-class mail, postage prepaid, at the Owner's address as shown on the last equalized assessment roll, an itemized accounting of all benefits paid by the city to the Owner's Tenants, and any penalties or costs the city is seeking to recover. If the Owner or designated agent wishes to appeal the city's accounting, an Owner or designated agent may appeal the order to pay relocation benefits in the manner set forth in Chapter 1, Article 4, of the Fresno Municipal Code and California Health and Safety Code section 17975.5(c). If the Owner fails to obtain a more favorable decision than that set forth in the itemized accounting, the Owner or designated agent shall be liable to the local enforcement agency for the costs of the administrative hearing and appeal, not to exceed five thousand dollars. The failure to receive the itemized accounting shall not relieve the Owner of any obligation to the city or county.

(6) The city shall be entitled to recover relocation costs, administrative penalties and costs in the manner set forth in Chapter 1, Article 4 of this code.

(7) At the City Attorney's sole discretion, the city may pay relocation benefits to a Displaced Tenant who is displaced pursuant to a reason described in section (d) herein. These relocation benefits shall not be recovered from the Owner.

(8) Nothing contained in this article shall be construed to require the city to pay any relocation benefits to any Tenant, or assume any obligation, requirements, or duty of the Owner pursuant to this article.

(Added Ord. 2022-019, § 1, eff. 8-5-22).