Mountain House Municipal Code Ch. 1 General Regulations

The City Council finds that in enacting the State Housing Law the California Legislature established a complete system of regulations governing the erection, enlargement, conversion, alteration, repair, moving, removal, demolition, occupancy, and use of all apartment houses, hotels, motels, dwellings, buildings, and structures in the State of California.

The City Council finds is in the best interest of the public to provide for the abatement of nuisances and substandard or hazardous buildings not covered under the State Housing Law.

(Ord. 2024-26, § 1(Exh. A), 2024)

The City adopts, except as specifically amended by this Code, the "State Housing Law" as set forth in Health and Safety Code Section 17910 et seq. The State Housing Law is adopted by reference under the provisions of Sections 50022.1 through 50022.8 of the Government Code as fully as though set forth herein.

(Ord. 2024-26, § 1(Exh. A), 2024)

There is adopted, except as specifically amended herein, the International Conference of Building Officials' Uniform Code for the Abatement of Dangerous Buildings," 1997 edition, one (1) copy of which is on file at City Hall. The International Conference of Building Officials' Uniform Code for the Abatement of Dangerous Buildings is adopted by reference under the provisions of Sections 50022.1 through 50022.8 of the Government Code as fully as though set forth herein.

(Ord. 2024-26, § 1(Exh. A), 2024)

Except as otherwise provided in this Section, all terms used in this division shall be given the definitions contained in the State Housing Law, or in the regulations adopted pursuant thereto, unless it clearly appears from the context of this division that a different meaning is intended.

(a) "Appeals Board" means the City Council.

(b) "Building Official" means the Building Official of the City or authorized representative.

(c) "Enforcement agency" means the Community Development Department of the City, acting through its director or designee, or Public Health Services of San Joaquin County, acting through the Health Officer or designee.

(d) "Fire Warden" is the City Manager or the City Manager's designee.

(e) "Floating home" means any barge, boat, or building containing living quarters, designed to float but not reasonably capable of navigating under its own power.

(f) "Mobilehome" means a mobilehome as defined in Section 18008 of the Health and Safety Code and intended for permanent or semi-permanent use outside mobilehome parks or trailer parks licensed by the State Department of Housing and Community Development.

(g) "Nuisance" means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, anything declared elsewhere in this Code to be a nuisance, or any other form of nuisance recognized at common law or in equity, including, but not limited to, abandoned wells, excavations, septic tanks, accumulation of garbage and trash, vectors, hazards, unsanitary conditions, and substandard places of human habitation and substandard conditions which are not covered by Sections 8-5-501 or 8-5-102 of this Chapter.

(h) "Place of human habitation" means any structure, mobilehome, recreational vehicle, floating home, shelter, or building used or designated for human habitation, including all fences and appurtenances attached thereto and including all buildings on the same property that are supplemental to the habitation. "Place of human habitation" includes a floating home but does not include a mobilehome or recreational vehicle which is located within a mobilehome park or other trailer park regulated by the State of California under the provisions of Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code or a labor camp coming within the provisions of Chapter 4 (commencing at Section 2610) of Part 9, Division 2 of the Labor Code.

(i) "Recreational vehicle" means a recreational vehicle as defined in Section 18010 of the Health and Safety Code and intended for use outside mobilehome parks or trailer parks licensed by the State Department of Housing and Community Development.

(j) "Substandard place of human habitation" means any place of human habitation, or portion thereof, in which there exists any condition as defined in Section 17920.3 of the Health and Safety Code to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof.

(Ord. 2024-26, § 1(Exh. A), 2024)

(a) The Enforcement Agency shall administer, inspect, and take such action as may be required to enforce this Division.

(b) Pursuant to Health and Safety Code section 17970.7, where an Enforcement Official has determined after inspection that a building with multiple units contains a substandard place of human habitation, or is in violation of Health and Safety Code section 17920.10 relating to lead hazards, and the Enforcement Official determines that the defects or violations have the potential to affect other units of the building, then the Enforcement Official shall:

(1) Conduct an assessment taking into account factors, including, but not limited to, the building's age, type of construction, and size; the cause(s) of the substandard condition(s); and the building's history of violations, if any; and

(2) Make a reasonable attempt to inspect additional units at the building, including at least units adjacent to, above, and below the unit in which the defect or violation was found. If severe, building wide defects or violations are found during such inspection, then all units in the building shall be inspected.

(c) If after conducting the assessment and inspections required under subsection (b), the Enforcement Official determines that a substandard condition in a unit could reasonably affect other units in the building, then the City shall provide the property owner with a notice or order to repair or abate within a reasonable time after the inspection is completed which shall include each known violation and of each action required to remedy the violation. The Enforcement Official shall also schedule a reinspection to verify correction of the violations noted in the notice or order to repair or abate.

(d) All corrections ordered by the Enforcement Agency shall be undertaken only after securing all necessary permits.

(e) For the purpose of enforcement of this division, the Fire Warden or designee of the City may enforce the provisions of this division relative to fire safety. The Fire Warden is the City Manager or the City Manager's designee.

(f) All enforcement action under this division shall be stayed during an appeal pursuant to this Division, except where otherwise specified.

(Ord. 2024-26, § 1(Exh. A), 2024)

(a) All appeals pursuant to this division must conform to the requirements of Section 501 of the International Conference of Building Officials' Uniform Code for the Abatement of Dangerous Buildings.

(b) All appeals regarding enforcement of the State Housing Law and the International Conference of Building Officials' Uniform Code for the Abatement of Dangerous Buildings will be heard by the City Council. The decision of the City Council shall be final.

(c) All appeals to the City Council must be received by the City Clerk no later than 4:30 p.m. on the last day to appeal.

(Ord. 2024-26, § 1(Exh. A), 2024)