Kingsburg Municipal Code Ch. 15.07 International Property

15.07.010 - The International Property Maintenance Code, 2024 Edition.¶

The International Property Maintenance Code, 2024 Edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL, 90478-5771, is hereby adopted as reference as if set forth in full, except as amended herein. Copies are on file in the office of the building division.

The following sections of the International Property Maintenance Code, 2024 Edition are hereby amended as follows:

A. Section 101.1. Insert City of Kingsburg

B. Section 102.3 is amended to read.

Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the current Building Codes as adopted by the City of Kingsburg. Where this code refers to "International" Administrative, Building, Residential, Fire, Plumbing, Mechanical, Electrical, Energy, or other International Codes, the term "International" shall be replaced with the word "California."

C. Section 103.5 is amended to read.

Permit fees, Plan Review fees, and Investigation fees shall be assessed as provided in Kingsburg Municipal Code Chapter 15.04.070.

D. Section 103.1.

Insert Code Enforcement Division

E. Section 105.3

Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry, including the warrant provisions of Section 1822.50 et. seq. of the Code of Civil Procedure of the State of California.

F. Section 105.3.1 is deleted.

G. Section 106.1 General is deleted and Section 106.1 Definitions is added as follows:

The following definitions apply in the interpretation and enforcement of this chapter:

"Action" means an act or decision by a Code Official or administrative agency for which a right to appeal under the provisions of this Chapter is granted in this Code.

"Administrative agency" means a department of the city government which under the direction of the City Manager has responsibility for carrying out or enforcing the rules, regulations, and ordinances of the city.

"Affected person" means any person whose person, pecuniary or property right or interest is directly affected, or upon whom an obligation is imposed by the action or decision of the Administrative Agency.

"Appellant" means any Affected Person who files an appeal.

"Code" means the City of Kingsburg Municipal Code.

"Hearing Officer" means any person duly qualified and authorized by this Code to hear and review appeals under this Code.

"Respondent" means the administrative agency code official which took the action appealed from, and any other administrative agency or code official named as a respondent in an appeal.

H. Section 106.2 Limitations of authority is deleted and Section 106.2 Purpose is added as follows:

106.2 Purpose. It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative agency or the code official in the enforcement of this Code.

I. Section 106.3 Qualifications is deleted and Section 106.3 Scope is added as follows:

106.3 Scope. The hearing officer hears appeals from actions taken by an administrative agency and/or the code official when a right to appeal is provided under the provisions of this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this Code may be supplemented or modified as stated in appeal provisions of this Code. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the City.

J. Section 106.4 Administration is deleted and Section 106.4 Hearing Officer - Selection and Qualifications is added as follows:

106.4 Hearing Officer - Selection and Qualifications.

(A) The City Manager shall establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this Code. Hearing officers must be selected in a manner that eliminates the potential for pecuniary or other conflict.

(B) A "qualified person" is an individual, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager.

K. Section 106.5 Powers and Duties of Hearing Officer is added as follows:

106.5 Powers and Duties of Hearing Officer.

(A) As provided by Section 107.3, the hearing officer hears all appeals in accordance with the procedures contained in this Code or as supplemented or modified from time to time.

(B) The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this chapter, including:

(1) Hold conferences for settlement or simplification of the issues;

(2) Administer oaths;

(3) Hear testimony;

(4) Rule upon motions, objections, and the admissibility of evidence;

(5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;

(6) Regulate the course of the hearing in accordance with this Code or other applicable law;

(7) Perform inspection of the premise or exterior property area or the structure and

(a) In the case of a violation related to premises or exterior property area, the hearing officer may inspect the structure and premises involved in the appeal prior to, during, or after the hearing, provided that:

(i) Notice of such inspection shall be given to the parties participating in the appeal before the inspection is made; and

(ii) The parties are given an opportunity to be present during the inspection. Upon completion of the inspection, the hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusion drawn therefrom. Each party shall have a right to rebut or explain the matters so stated by the hearing officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

(8) Issue a final decision which includes findings of fact and conclusions of law.

(C) The hearing officer may request information, services, facilities, or any other assistance for the purpose of the appeal hearing.

(D) At the hearing, the hearing officer shall hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these parties.

(E) The hearing officer shall conduct the hearings in a manner that provides the parties with a fair hearing and all parties are afforded due process.

(F) The hearing officer shall not have the authority to waive any requirements of the Code or law. The hearing officer is required to adhere to any citation amount set in the Code or Master Fee Schedule and may not increase or decrease the amount imposed on the Appellant.

H. Section 106.6 Right to Appeal; Consequence of an Untimely or Incomplete Appeal is added as follows:

106.6 Right to Appeal; Consequence of an Untimely or Incomplete Appeal. Except where this Code prescribes another procedure, the following appeal hearing request procedures apply:

(1) Any Affected Person may contest an action by the code official or the Administrative Agency as provided in Section 107.3, by filing a written notice of appeal with the City Community Development Department.

(2) The notice required by Subsection (1) must be filed no later than 10 days following the date of mailing to appellant of notice of the action from which the appeal is taken.

(3) The written notice of appeal must be submitted on a form provided by the Community Development Department and must contain the following information:

(a) The full name, mailing address, email address, and telephone number of each appellant who is appealing the action and their legal interest in the Premises;

(b) The specific location of the violation and the date of the citation or action from which the appeal is taken;

(d) Statement of the relief being sought;

(e) The grounds for appeal in sufficient detail to enable the hearing officer to understand the basis for the appeal;

(f) Whether an interpreter will be required for the hearing;

(g) The estimated amount of time for presentation of the Appellant's argument; and,

(h) The signature of the Appellant.

(4) If the Community Development Department does not receive a timely notice of appeal, if the notice of appeal is incomplete, or if the notice of appeal does not comply with all of the requirements set forth in this subsection, the right to appeal the action is waived. In this event, the citation or action is final and binding on the Appellant. A failure to file a timely or proper notice of appeal also constitutes a failure by the Appellant to exhaust its administrative remedies.

(5) If the appeal is the result of the issuance of an administrative citation, the request for appeal by the Appellant shall include the citation amount ordered. If the hearing officer issues a decision in favor of the Appellant, and if the Appellant paid the citation amount, the Appellant shall receive the amount of the citation amount as a refund issued by the City.

I. Section 106.7 Administrative Hearings - Notice Procedures is added as follows:

106.7 Administrative Hearings - Notice Procedures. Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Code:

(1) No hearing before a hearing officer under this Code may be scheduled or held unless a timely and proper notice of appeal has been submitted to the Community Development Department as set forth in Section 107.6.

(2) The Community Development Department must schedule the hearing no sooner than 30 days and no later than 60 days after receipt of the notice of appeal unless the parties waive such time limits and agree to a specific date for the appeal hearing.

(3) The Community Development Department must provide a copy of the notice of appeal to the Respondent within five days after the filing of the notice of appeal.

(4) The Community Development Department must notify the Appellant, respondent, the hearing officer and City Attorney in writing of the date, time, and location of the hearing at least 15 days before the date of the hearing.

(5) Failure of the appellant to receive notice of the time and place of the hearing shall not result in a dismissal of any violation at issue or invalidate any action of the hearing officer, if the notice was given in the manner stated in Subsection (4) of this Section.

(6) The notice of hearing may be served by any of the methods of service listed in Section 107.10.

(7) Unless the notice of appeal names some other respondent, the code official or Administrative Agency that took the action or made the decision being appealed is designated the "Respondent."

J. Section 106.8 Administrative Hearings - Conduct of Hearing is added as follows:

106.8 Administrative Hearings - Conduct of Hearing.

(1) Participation. The hearing officer must be present at all times to preside over the hearing. All hearings shall be open to the public. The Respondent, or another City representative, is required to participate in the hearing. The Appellant is required to participate in the hearing.

(2) Evidence, Witnesses, and Discovery. All parties have the right to present oral and written evidence. The formal rules of evidence and discovery do not apply. Irrelevant or unduly repetitious evidence may be excluded by the hearing officer. Oral evidence may be taken only under oath. The Appellant and respondent may represent themselves or be represented by one person of their choice.

(3) Cross-examination. Each party shall have the right to cross-examine any other party or witness who testifies at the hearing.

(4) Interpretation and Recordation. The Appellant may bring an interpreter, who is licensed to interpret in the Fresno County Superior Court, to the hearing at Appellant's sole expense. Either party may, at its sole cost and expense, record the hearing by stenographer, court reporter, audio recording, or video recording.

(5) Proof. The standard of proof to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence.

(6) Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

(7) Failure of Appellant to Appear. If the Appellant fails to appear at the hearing, the hearing officer shall deny the appeal, terminate the hearing, and send a notice thereof to the Appellant at the address identified on the appeal form.

K. Section 106.9 Decision of the Hearing Officer is added as follows:

106.9 Decision of the Hearing Officer.

(1) The hearing officer must render his or her decision in accordance with the provisions of this Code.

(2) The hearing officer's decision must be in writing and must set forth the hearing officer's findings of fact and conclusions of law.

(3) The hearing officer must render a decision within 15 calendar days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer.

(4) The hearing officer's decision must be served on all parties in accordance with Section 107.10. Failure of a person to receive a properly served decision does not affect the finality or binding effect of the decision.

(5) The hearing officer's decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer's decision is effective on the date of the decision. The decision must contain the following statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq."

L. Section 106.10 Methods of Service is added as follows:

106.10 Methods of Service.

(1) Except where this Code prescribes another procedure, any notice or document required to be served under this Code must be served by personal service or first-class mail at the address as it appears on the last equalized assessment roll of the county.

(2) Service is deemed effective on the date it is personally delivered or the date of mailing.

(3) Failure of any person to receive a document properly served under this Code does not affect the validity of the notice or document, service, or any action or proceeding under this Code which is the subject of such notice.

M. Section 106.11 Costs is added as follows:

106.11 Costs. Nothing in this Code limits the City's ability to seek recovery of its costs or fees incurred in connection with the hearing if it is the prevailing party in the appeal. The City shall keep an accounting of the hearing costs.

N. Section 106.12 Judicial Review is added as follows:

106.12 Judicial Review. The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the City. Once the hearing officer's decision becomes final as provided in this Code, the Appellant must both bring judicial action to contest such decision and provide the City with a notice of the action within 90 days after the date of such decision of the hearing officer becomes final, in accordance with the Code of Civil Procedure section 1094.6.

O. Section 106.13 Limitation on Appeals is added as follows:

106.13 Limitation. An order, decisions, or determination of the City of Kingsburg Building Official relating to the building standards of the California Building Standards Code shall not be subject to appeal.

P. Section 106.14 Severability is added as follows:

106.14 Severability. The provisions of this Code are severable, and, if any sentence, section or other part of this Code should be found to be invalid, void or unenforceable, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.

Q. Section 109.1 is amended to read.

When, in the opinion of the Code Official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows:

DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. By order of the City of Kingsburg Department of Building Safety: ___________ Building Official

R. Section 201.3 is amended to read.

Section 201.3 Terms defined in other codes.

Where terms are not defined in this Code and are defined in the California Building, Fire, Plumbing, Mechanical and Electrical Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. Where this Code refers to "International" Administrative, Building, Residential, Fire, Plumbing, Mechanical, Electrical, Energy, or other International Codes, the term "International" shall be replaced with the word "California."

S. Section 202 Inoperable Vehicle definition is amended as follows:

Inoperable Vehicle. A vehicle that cannot be driven upon the public streets for any reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power, or with an expired registration for more than six months. A non-operational certificate from the California Department of Motor Vehicles does not constitute current registration.

T. Section 302.4 Weeds is amended to read:

302.4 Weeds. All property shall be maintained free from weeds or plant growth in excess of 4-inches in height. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or owner's agent having charge of a property, to remove the weeds from the property on or before the date identified in a notice of violation, they shall be subject to abatement actions in accordance with Section 107.5 and as prescribed by the City of Kingsburg Municipal Code. Additionally, upon failure to comply with a notice of violation, a duly authorized employee of the City of Kingsburg, or contractor hired by the City of Kingsburg, shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property upon demand by the City of Kingsburg.

U. Section 302.8.1 Abatement of inoperable vehicles is added as follows:

302.8.1 Abatement of inoperable vehicles. The abatement of inoperable vehicles on property shall follow the process referenced in Section 10.12.080, and 10.12.120 through 10.12.140 of the Kingsburg Municipal Code.

V. Section 302.9 Defacement of property is amended to read:

302.9 Defacement of property. Regulations regarding the defacement of property shall comply with the provisions of Section 9.08 of the Kingsburg Municipal Code.

W. Section 303.2 is amended to read.

Enclosures for private swimming pools, hot tubs, and spas containing water more than 24 inches in depth shall be maintained as provided in Section 3109 of Part 2 and Appendix V of Part 2.5 of Title 24, the California Building Standards Code. An existing pool enclosure shall not be removed or changed in a manner that reduces its effectiveness as a safety barrier. Replaced enclosures shall be in compliance with the requirements of Section 3109 of Part 2 and Appendix V of Part 2.5 of Title 24, the California Building Standards Code.

X. Section 312 is added as follows:

Section 312 Mold Remediation

Y. Section 312.1 General is added as follows:

312.1 General. Visible mold growth, as determined by a health officer or the code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use, is hereby declared to be a nuisance.

Z. Section 404.4.4 is amended to read.

Kitchens, bathrooms, hallways, and non-habitable spaces shall not be used for sleeping purposes.

AA. Section 602.2 Residential occupancies is amended as follows:

602.2 Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently-installed heating facilities capable of maintaining a room temperature of 68 degrees in all habitable spaces.

BB. Section 602.3 Heat Supply, Exceptions (1) and (2) are deleted.

CC. The following appendix chapters are hereby adopted by reference as if set forth in full.

(1) Appendix A Boarding Standard

(Ord. No. 2022-002, § 2, 11-16-2022; Ord. No. 2024-02, § 2, 6-19-2024; Ord. No. 2025-04, § 2, 11-5-2025)

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