Mendota Municipal Code Ch. 15.36 Housing Code

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

(Ord. No. 10-01, § 38, 2-23-2010)

The following conditions are public nuisances:

A. Any property or portion thereof that 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.

(Ord. No. 10-01, § 39, 2-23-2010)

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 months.

B. "Dangerous building or structure" means that the condition or defect hereinafter described exists to the extent that life, health, property, or safety of the occupants or the general public 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 times the working stress or stresses allowed in the 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 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 of that specified in the building code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the 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 (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its non-supporting 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 non-supporting part, member, or portion, less than fifty (50) percent, or in any supporting part, member, or portion less than sixty-six (66) percent 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;

C. "Substandard housing" means, in addition to the conditions described in [Subsections] (1) through (16) above, that one 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;

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 Code;

i. Room and space dimensions less than required by 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;

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 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.

D. "Substandard structure" shall have the same meaning as "dangerous building or structure" as defined in this section.

(Ord. No. 10-01, § 40, 2-23-2010)

If the enforcement officer identifies conditions upon real property which may lead to a substandard structure enforcement proceeding, the owner/permittee shall be provided, in person or by mail, a 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. 10-01, § 41, 2-23-2010)

A. The building official may determine that a building or structure or other property within the city constitutes a public nuisance.

B. Upon such determination, the building official shall notify, by means of certified or registered mail, the owner, as such person's name appears on the last equalized county assessment roll, mortgagees and beneficiaries under any deed of trust relating to such property of record (if such persons' addresses are known or reasonably available) that the building, structure or property is a public nuisance. A copy of such notice shall also be posted at conspicuous places (front and rear) on such building, structure or property.

C. Upon such determination and noticing, the property owner shall be liable for a fee for initial actions to enforce substandard structure violations, charges and recovered costs of fees, charges and costs recovery. If the fee is not paid within thirty (30) days of noticing, the enforcement officer shall notify the person liable for the fee by certified mail of the intent to record a lien with the county recorder for the amount of the fee. Once notice has been accomplished, the enforcement officer may record in the office of the county recorder a certificate specifying the amount of the fee, interest as authorized by law and the name and last known address of the person liable therefore.

D. Such notice shall contain a statement describing the condition(s) rendering such structure or property a nuisance. If, in the opinion of such official, such condition can be corrected or abated by repair or other work, such notice shall also state and describe the specific repairs or other work required to abate such condition. The notice shall order that the conditions which constitute the nuisance be abated by demolition, repair, or other means within thirty (30) days after the date such notice was mailed. Such official may further order, upon a finding that there exists extreme and imminent danger to the lives or safety of the occupants, that the building, structure, or property, or any portion thereof be immediately vacated.

E. Upon the issuance of an order calling for the immediate vacation of a building, structure, or property, the official shall attempt to notify the occupant(s) and owner(s) thereof of the condition(s) mandating such immediate vacation.

(Ord. No. 10-01, § 42, 2-23-2010)

Any interested party may appeal by filing an appeal in writing with the city clerk within ten (10) days of the determination of the building official. Such appeal shall contain the appellant's name, address, relationship to the person(s) and/or property in question, if any, and a description of the grounds for appeal. Upon the filing of such an appeal, the city clerk shall schedule and notify the parties of a hearing to be conducted. The city council shall consider all relevant, competent and reliable evidence. The decision of the city council shall be final, except as provided by law.

(Ord. No. 10-01, § 43, 2-23-2010)