Mendota Municipal Code Ch. 15.04 General Provisions

Whenever the following terms appear herein, or in any of the codes referred to, they shall have the meaning ascribed to them in this section unless the context clearly discloses a different intent. Should any conflict arise between standards and/or definitions contained within this title and Title 8 of this Code, the definitions and/or standards contained herein shall control.

A. "Building official" or "administrative authority" means the city manager and any assistant or employee in his/her office designated as deputies in accordance with Appendix Chapter 1, Section 104 of the California Building Code.

B. "Construction" means any work that includes, but is not limited to, erection, installation, enlargement, alteration, conversion, relocation, paving, parking lots, or commercial drives.

(Ord. No. 10-01, § 4, 2-23-2010)

The penalty for violation of any of the provisions of this title shall be as prescribed in Section 1.20.020 as an infraction, Section 1.20.040 as a misdemeanor, or Section 15.04.070 as work without permit, at the determination of the building official. The provisions of this title may also be enforced by an injunction issued out of the superior court upon suit of the city or the owner/permittee or person in possession of any real property affected by such violation. The method of enforcement shall be cumulative and shall not affect the penal provisions hereof.

(Ord. No. 10-01, § 5, 2-23-2010)

No licensing or other requirement or qualification shall be required to do work of any kind referred to herein excepting those professional services requiring licenses by the State of California and it shall be sufficient that the work itself meets these requirements irrespective of the person who may have performed the same.

(Ord. No. 10-01, § 6, 2-23-2010)

These provisions shall be administered by the building official. The building official may approve alternate materials, designs or methods of construction which are substantially equivalent to those prescribed and do not materially affect the health and safety standards herein established.

(Ord. No. 10-01, § 7, 2-23-2010)

Chapter 1, Section 113, of the California Building Code shall be amended as follows: The city council shall serve as the appeals board. The duties of the appeals board shall be as follows:

A. To review the suitability of alternate materials, engineering designs, methods of construction and equipment, and to advise the building official as to acceptance or denial;

B. To provide for reasonable interpretations of the provisions of the codes.

C. To hear written appeals brought by any person regarding action taken by the building official in enforcement of the requirements of the disabled access regulations, including exceptions contained in California Health and Safety Code § 19957, and Title 24, California Code of Regulations.

D. To hear appeals from an administrator's determination of requests for variances to portions of this title.

The appeals board shall have no authority to waive requirements of such model codes.

(Ord. No. 10-01, § 8, 2-23-2010; Ord. No. 11-03, § 1, 3-22-2011)

There is created a board of review. The city council shall serve as the board of review. The duties of the board of review shall be as follows:

A. To determine the existence and manner of abatement of a substandard structure as provided in Subsection 15.36.030(D) of this title;

B. To determine the existence and manner of abatement of substandard housing as provided in Subsection 15.36.030(C) of this title.

(Ord. No. 10-01, § 9, 2-23-2010)

For permits issued after commencement of construction, a violation fee, as determined by the building official, shall be charged. The fee shall be based on that portion of the work that has been started without the required permits. These fees shall be charged except where a new owner has acquired the property in good faith and without knowledge that construction work had been performed without the required permits. This fee is separate from and in addition to the permit fees.

(Ord. No. 10-01, § 10, 2-23-2010)

A. Fees for all building, mechanical, plumbing, and electrical permits shall be established by resolution of the city council.

B. Fees for reinspection of facilities not determined to be complete at the reasonable determination of the building official shall be established by resolution of the city council.

C. Permits for residential additions, remodeling, reproofing, patio, termite, dry-rot, fire, or similar damage shall be established by resolution of the city council.

D. Commercial tenant improvement permit fees shall be established by resolution of the city council.

E. Plan review fees shall be established by resolution of the city council.

F. Fees for permits or inspections not listed in this section shall be determined by the building official.

(Ord. No. 10-01, § 11, 2-23-2010)

A. A permit is required for all new or replacement fence installations. The fee for a fence permit shall be established by resolution of the city council. Application for a fence permit shall include the following:

1. A plot plan indicating the location of any meters, fire hydrants, light pole, or other nearby physical features and how access will be provided or maintained.

2. Indication of the fence and post material to be used.

3. If concrete or stone columns will be installed, a stamped engineered plan of the pier and/or column design must be provided.

B. Fencing is subject to the following standards:

1. Fences shall not be constructed within the public right-of-way.

2. Any gates shall not swing into the public right-of-way including, but not limited to, sidewalks, alleys, and streets.

3. Property markers must be exposed for the foundation inspection.

4. Along a local street, no fence shall be constructed within the twenty-five (25) feet nearest to the intersection of two street rights-of-way, as measured along the property line. Along a collector or arterial street, no fence shall be constructed within the thirty (30) feet nearest to the intersection of two street rights-of-way, as measured along the property line.

5. Horizontal and vertical support posts are to be inside of the fence area or otherwise hidden from public view. Fences with a shadowbox design shall be considered to hide support posts.

6. No more than two different types of fencing material (wood and chain link or two types of wood) are permitted within the same fence.

7. No fence shall be made of, in whole or in part, cloth, canvas or other like material.

8. Property owners shall be responsible for the maintenance of the fencing on their property, and for removal of any fence if it becomes unsightly or a menace to public safety, health or welfare. For fences constructed along a shared property line, responsibility for the above items shall be shared equally between property owners for the affected section(s) of fencing.

9. Fences shall be maintained in an upright condition perpendicular to the ground.

10. Missing boards, pickets or posts shall be replaced with material of the same type and quality.

11. Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed. All exposed steel, except galvanized metal fences, shall have a colored finished coat applied to them and shall be preserved against rust and corrosion.

12. Fencing around tennis courts and other recreational amenities shall comply in all other respects with the terms of this section, and may be approved with a height of greater than six feet in conjunction with a conditional use permit.

13. Fences for pools shall meet the requirements of this section as well as other building code requirements.

14. It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater.

15. Replacement of pickets when the overall height of the fence will not be modified shall not require a fence permit.

(Ord. No. 10-01, § 12, 2-23-2010; Ord. No. 21-10, § 3, 5-25-2021)

Except as otherwise indicated, the provisions of Section 15.04.090 shall apply. Residential fencing is subject to the following standards:

A. The maximum height of a fence along a side or rear property line is six feet, subject to Subsection 15.04.090(12).

B. Fencing within a front yard setback shall not exceed thirty-six (36) inches in height and shall be at least fifty (50) percent perforate.

C. The use of barbed wire or single strand wire is prohibited.

D. Fences or enclosures with electrical current are prohibited.

(Ord. No. 10-01, § 13, 2-23-2010; Ord. No. 21-10, § 4, 5-25-2021)

Except as otherwise indicated, the provisions of Section 15.04.090 shall apply. Fencing in non-residential districts is subject to the following standards:

A. Fence height shall not exceed ten (10) feet. Under certain circumstances, a maximum height of less than ten (10) feet may be imposed.

B. Barbed wire shall be permitted only if the lowest strand is at least six feet above grade, and when used for security purposes in addition to a regular fence.

C. Barbed wire shall be oriented towards the interior of the property.

D. The installation or other use of razor wire is prohibited. This subdivision shall not apply to commercial cannabis businesses operating pursuant to Chapters 8.37 and 17.99 of this code.

E. The installation or other use of electrified security fencing meeting the requirements of Civil Code Section 835 may be allowed in the M-1 and M-2 zone districts subject to a conditional use permit.

a. "Electrified security fencing" as used in this chapter shall have the same definition and is subject to the same provisions as "Monitored perimeter security fence system" as described in Section 8.32.020.

b. Electrified security fencing shall not be permitted where an M-1 or M-2 district abuts any residential district.

c. Prior to installation or use of any electrified security fence, the owner of the property upon which the fence will be installed shall submit a completed application for review. The submission shall include the following:

i. Application for conditional use permit in accordance with Section 17.08.050(G)(2).

ii. An accompanying site plan containing the information required pursuant to Section 17.08.090 and including the location of the protective perimeter fence in relation to the electrified security fence.

iii. Identification of the specific equipment to be used, including supporting documentation from the fencing manufacturer.

iv. Projects already subject to an approved conditional use permit as of the effective date of this ordinance shall not be subject to subdivisions (i) or (ii).

d. Civil Code Section 835. The electrified security fence and perimeter fence shall meet all requirements of Civil Code Section 835 as that Code may be amended from time to time.

e. OSHA/NRTL Approval. The electrical components and configuration of the electrified security fence shall be approved by an Occupational Safety and Health Act (OSHA) Nationally Recognized Testing Laboratory (NRTL), and written confirmation of that approval shall be provided to the City prior to installation.

f. Hours of Activation. No electrified security fence may be energized during hours when the property protected by such fencing is open to the public, except when personnel is available onsite to deactivate the fencing.

g. Emergency Access.

i. A Knox box, key box, or other similar approved device shall be provided as a means to disconnect the electrified security fence. The device shall be located outside the primary entrance of the property and shall not be obscured in any manner from the street/driveway access.

ii. In the event that access by the police department and/or fire department is required due to an emergency or urgent circumstance, and the Knox box or similarly approved device is absent or nonfunctioning, police and/or fire department personnel shall be authorized to disable the electrified security fence and gain entry to the property in order to disable the electrified security fence. As a condition of permit issuance, the applicant and property owner shall agree in writing to waive any and all claims for damages relating to such entry to disable the electrified security fence against the city or its personnel under such circumstances.

h. Fire department registration. The applicant or owner of the property on which the electrified security fencing will be installed shall submit a completed registration form for the fence to the fire department.

i. Indemnification. All applicants issued a permit to install or use an electrified security fence as provided in this section shall agree in writing, in a form approved by the city attorney, to indemnify, defend, and hold harmless the city of Mendota and its agents, officers, consultants, independent contractors, and employees from any and all claims, actions, proceedings, costs, expenses, losses, damages, obligations, and liabilities related to the electrified security fence, including but not limited to those arising out of any personal injury, including death, or property damage caused by the electrified security fence.

(Ord. No. 10-01, § 14, 2-23-2010; Ord. No. 21-06, § 2, 3-9-2021; Ord. No. 21-10, § 5, 5-25-2021)

Where an existing structure is to be remodeled, or modification made to the plumbing, mechanical, or electrical facilities, the building official may grant a variance from strict compliance with any particular provision of this title where such variance will not result in a hazardous condition and strict compliance would be an unreasonable hardship.

(Ord. No. 10-01, § 15, 2-23-2010)

An historic building or structure is a structure, or a part thereof, that has been declared an Historical Monument by the appropriate local, state, or federal agency. Construction on historic buildings shall comply with the applicable provisions of the California State Historical Building Code, Part 8, Title 24, California Code of Regulations.

(Ord. No. 10-01, § 16, 2-23-2010)

Copies of any code adopted by reference in this chapter shall, at all times during business hours, be available for inspection at the office of the city clerk.

(Ord. No. 10-01, § 17, 2-23-2010)