Porterville Municipal Code Art. VI Aircraft Hangars/Tie Down Permits

This article refers to the general occupancy of private aircraft storage hangars on the airport. Distinction is made between such small hangars and larger FBOs or aircraft maintenance facilities. This article applies exclusively to smaller, private aircraft storage hangars. The occupancy of larger maintenance or FBO hangars is addressed in article VII of this chapter. (Ord. 1652 § B, 4-20-2004)

No person shall park or store any aircraft or associated equipment in any hangar on the airport except by authority of and in compliance with the provisions of this article. (Ord. 1652 § B, 4-20-2004)

All tenants of hangars and/or holders of tie down permits shall be subject to the following terms and conditions:

A. Aircraft shall be stored only in hangars or tie down spaces assigned by the airport manager/airport operations supervisor. Occasionally it may be necessary for the airport manager/airport operations supervisor to relocate airplanes.

B. When more than one aircraft (owned by the same person) can be stored safely in a hangar the airport manager/airport operations supervisor will be notified in writing. (Ord. 1652 § B, 4-20-2004)

All hangar agreements and tie down permits (except hangars and tie downs under control of concession lessees) shall be assigned by the airport manager/airport operations supervisor based upon present rent or fees. An agreement for permanent hangar storage or tie down permit must be in the name of an individual, flying club, corporation or entity. Tenants/permittee(s)/lessee(s) must be at least eighteen (18) years old to sign a permit agreement. (Ord. 1652 § B, 4-20-2004)

All city owned hangar tenants shall be responsible for hangar damage caused by their occupancy other than proven vandalism or acts of God. Such damage refers particularly to rough use or misuse of hangar doors by tenants or visitors. (Ord. 1652 § B, 4-20-2004)

The airport manager/airport operations supervisor shall require tenants/permittees to establish proof of ownership or vested interest for the aircraft. (Ord. 1652 § B, 4-20-2004)

Individual aircraft hangars are allowed on the airport for the primary purpose of aircraft storage and the normal maintenance, repair and service activities associated with said aircraft. Any additional uses within said hangars shall comply with all applicable city regulations. (Ord. 1652 § B, 4-20-2004)

Lessee shall not sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey this agreement without the prior written consent of the city. Any consent by the city to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance. (Ord. 1652 § B, 4-20-2004)

Storage of personal items, in addition to aircraft storage, within the hangar shall conform to all local fire and safety codes and the provisions of these regulations. (Ord. 1652 § B, 4-20-2004)

Vehicles belonging to the hangar or aircraft owner and guests may be stored in the hangar while the aircraft is away, or for other short durations of time. The storage of any motor vehicle within a hangar shall conform to applicable fire and safety codes. (Ord. 1652 § B, 4-20-2004)

No vehicle shall be parked or left unattended in any aircraft operating area or in a manner which limits aircraft operation. Vehicles may be stopped in such areas for short periods of time so long as the owner is readily available to move the vehicles should the needs of aircraft traffic so dictate. (Ord. 1652 § B, 4-20-2004)

Maintenance in private hangars shall be limited to routine service and inspection of owner's personal aircraft. Said maintenance may include minor repair, required lubrication and engine oil change, and component replacement by aircraft owner or authorized mechanic. All other maintenance activities shall be done in accordance with applicable fire and safety codes. Other FAA maintenance tasks are approved only if the hangar meets current building, fire, and zoning regulations. (Ord. 1652 § B, 4-20-2004)

Aircraft in any state of disrepair or assembly may be stored in the hangar while awaiting repairs. Long term storage of such aircraft shall be subject to the fire and safety provisions of this code. (Ord. 1652 § B, 4-20-2004)

No aircraft engine shall be run while inside any hangar. Aircraft shall be moved from the hangar to a safe position as provided in section 4-3.05 of this chapter for run up, or at least outside of the hangar for low power engine runs. (Ord. 1652 § B, 4-20-2004)

No person shall conduct any type of business activity or service from individual hangars, unless specifically authorized by city. (Ord. 1652 § B, 4-20-2004)

No residential occupancy or use shall be allowed in an aircraft storage hangar or elsewhere on the airport unless specifically authorized by city. (Ord. 1652 § B, 4-20-2004)

City may inspect each hangar annually, and more often if deemed necessary to determine compliance. (Ord. 1652 § B, 4-20-2004)

All occupants of aircraft hangars shall comply with this article, as well as all principles of fire safety. All persons shall exercise the utmost care to guard against any threat of fire or injury to persons and property on the airport. All occupancies shall comply with applicable provisions of city regulations. (Ord. 1652 § B, 4-20-2004)

Upon the death of a hangar tenant/tie down permittee/lessee, a hangar/tie down permit/lease may be transferred to an heir by inheritance of the aircraft. (Ord. 1652 § B, 4-20-2004)

No tenant/permittee/lessee may sublease, subrent, his hangar/tie down permit/lease to another person for storage, charter, rental or otherwise without notifying the airport manager/airport operations supervisor and according to standard procedure set forth. The use of hangar/tie down by an aircraft other than the tenant/permittee/lessee must be approved by the airport manager/airport operations supervisor.

A tenant/lessee may sublet a portion of his hangar to a second owner whose aircraft will safely fit in the available space. In such an instance, the second occupant of the space is subject to the same rules and regulations as if they were a primary tenant/lessee. The subtenant/lessee is not the primary tenant/lessee under any circumstance and must comply with all applicable provisions of city regulations. (Ord. 1652 § B, 4-20-2004)

A. Payment Schedule:

1. All city owned hangar agreements/tie down permits will be on a monthly basis with an option to renew.

2. All private hangar land leases will be billed as per the lease agreement.

3. Rental agreements/permits will be prorated to the nearest week upon initial occupancy, but not prorated upon termination of occupancy.

B. Delinquent Accounts: Rules and regulations prescribing penalties and procedures relating to delinquent accounts of the airport are as follows:

For the purpose of these rules and regulations every airport tenant, permit account, lease shall become due and payable on the first day of the calendar month during which the agreement, permit or instrument of tenancy became effective. It shall remain due and owing to the city together with all penalties thereon as herein prescribed, until paid in full, unless otherwise expressly provided by terms of such agreement, permit, or lease.

1. For the purpose of these rules and regulations, all such accounts shall be classified as delinquent when not paid in full by the tenth of the calendar month in which said accounts shall become due, unless otherwise expressly provided by the agreement.

2. Tenant, permit accounts, leases delinquent for thirty (30) days, or on the tenth day of the month succeeding the date the account initially became due, will be subject to the following procedure:

a. A penalty of ten percent (10%) of the sum will be added to the original amount due.

b. A due bill will be prepared clearly setting forth the sum and the basic amount. The bill will designate the amount of the penalty, and will be sent to the delinquent party by registered mail accompanied by a letter of termination of tenancy/lease; said termination to be effective on the forty fifth day of delinquency, which will be fifty five (55) days succeeding the date the account first became due.

3. Upon termination of any agreement, by the foregoing procedure, the former tenant/permittee/lessee shall at once relinquish and vacate any and all premises of the airport and shall return any and all lands, building or properties if owned by the city to the control of the city, and the tenant/permittee/lessee shall have no further right, title, estate or interest in said airport.

4. The provisions of these rules and regulations, when carried to termination, shall in no way mitigate, modify or cancel any tenant/permittee/lessee indebtedness to the city and any delinquent account shall be subject to any and all methods of collection determined appropriate by the city.

5. Reinstatement of an agreement/permit/lease terminated by the forgoing procedure may be accomplished only by complete payment of any and all indebtedness, including penalties, and by instituting a successful request for such consideration by the airport manager. Reinstatement action described herein shall be subject to an administrative charge payable by said applicant in advance.

6. The provisions of these rules shall be deemed a part of each and every agreement or permit now in effect and heretofore issued to any tenant or permittee of any portion of the airport, or which may be hereafter issued to any party. (Ord. 1652 § B, 4-20-2004)

The tenant will be given a notice of infraction if he violates the provisions of these rules or other applicable rules, ordinances, resolutions or regulations. Within thirty (30) days the tenant may exercise the appeal process in article XIII of this chapter unless superseded by a current and valid lease agreement. (Ord. 1652 § B, 4-20-2004)