Orange County Municipal Code Art. 7 Uniform Housing Code

Footnotes:

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Editor's note— Ord. No. 99-13, §§ 1, 2, adopted May 25, 1999, amended the Code by repealing former art. 7, §§ 7-1-200—7-1-207, and adding a new art. 7, §§ 7-1-200—7-1-207. Former art. 7 pertained to the Uniform Housing Code, 1994 edition, and derived from Ord. No. 3771, adopted January 10, 1990; Ord. No. 3870, adopted October 27, 1992; and Ord. No. 3951, adopted December 12, 1995.

a. The Board of Supervisors of the County of Orange hereby adopts the Uniform Housing Code, 1997 Edition, as published in the International Conference of Building Officials; except Chapters 11, 12, 13, 14, 15, and 16, and except such portions as are deleted, modified or amended in this Article.

b. The purpose of the Code is to prescribe regulations for the erection, construction, enlargement, alteration, repair, maintenance, moving, improving, removal, conversion, demolition, and occupancy of all buildings or portions thereof used or designed or intended to be used for human habitation.

c. Not less than one (1) copy has been made and is now filed in the office of the Planning and Development Services Department. This is hereby adopted and incorporated as if set forth at length herein.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

The Planning and Development Services Department of the County of Orange shall administer and enforce the provisions of this code.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Section 104 of said Uniform Housing Code is hereby amended to read as follows:

APPLICATION TO EXISTING BUILDINGS AND STRUCTURES

Section 104.1(a) Additions, Alterations, or Repairs. For additions, alterations or repairs, see subsection 3403 of the 1994 Building Code.

104.2 Relocation. Building or structures moved into or within the unincorporated area of the County and County owned buildings or structures moved into incorporated cities shall comply with the requirements of the Relocated Building Code.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Section 201 of said Uniform Housing Code is hereby amended to read as follows:

GENERAL

Section 201.1 Authority.

The Building Official is hereby authorized and directed to administer and enforce all of the provisions of this code. For such purposes, he shall have the powers of a law enforcement officer. He is empowered to adopt and enforce rules and regulations to clarify and expand the provisions of this code in conformity with the spirit and intent of its stated purpose.

201.2 Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition or code violation which makes such building or premises unsafe, dangerous, hazardous or substandard, as defined in Section 202 of this Code, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by the Code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner and other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

201.3 Responsibilities Defined. Every owner remains liable for violations of duties imposed upon him by this Code even though an obligation is also imposed on the occupants of his building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code.

All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. The owner or his designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected.

Every owner, or his agent, in addition to being responsible for maintaining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he 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.

Every owner shall, where required by this Code, or by other laws or regulations, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and where 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.

Every occupant 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 he occupies and controls, shall dispose of all his rubbish, garbage and other organic waste in a manner required by other law and regulation.

Every occupant shall, where required by this Code or by other laws and regulation, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Section 202 of said Uniform Housing Code is hereby amended to read as follows:

SUBSTANDARD BUILDING, NUISANCES, PROCEDURE

Section 202. All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 203, Unsafe Building, Nuisance, Notice, Administrative Hearing Appeal, of the Uniform Building Code, as amended by the County of Orange.

Efficiency Living Unit is a dwelling unit containing only one habitable room.

Health Officer shall mean the Health Officer of the County of Orange.

Hot Water is hot water supplied to plumbing fixtures at a temperature of not less than 110 F.

Mechanical Code shall mean the Uniform Mechanical Code, published by the International Conference of Building Officials as amended and adopted by the County of Orange.

Nuisance. The following shall be defined as nuisances:

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

2. Any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon 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.

3. Whatever is dangerous to human life or is detrimental to health, as determined by the Building Official.

4. Overcrowding a room with occupants.

5. Insufficient ventilation or illumination.

6. Inadequate or unsanitary sewage or plumbing facilities.

7. Uncleanliness, as determined by the Health Officer.

8. Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer.

Plumbing Code shall mean the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials as amended and adopted by the County of Orange.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Section 203 of said Uniform Housing Code is hereby amended to read as follows:

BOARD OF APPEALS

Section 203. In order to provide for final interpretation of the provisions of this Code, there shall be and is hereby created a Board of Appeals as specified in Codified Code section 7-1-16.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Section 204 of said Uniform Housing Code is hereby amended to read as follows:

VIOLATIONS AND PENALTIES

Section 204. It shall be unlawful for any person, firm or corporation 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, contrary to or in violation of any of the provisions of this code.

Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation or any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)

Section 401 of said Uniform Housing Code is hereby amended to read as follows:

DEFINITIONS

Section 401. For the purpose of this Code, certain abbreviations, terms, phrases, words and their derivative shall be construed as specified in either this chapter or as specified in the Building Code.

Building Code shall mean the Uniform Building Code published by the International Conference of Building Officials as amended and adopted by the County of Orange.

Building Official as used herein shall mean the person appointed to that position by the Director of the Planning and Development Services Department.

(Ord. No. 99-13, §§ 1, 2, 5-25-99)