Chapter 150 — BUILDING REGULATIONS

The purpose of this chapter is to adopt by reference the 2025 Edition of the California Building Standards Code, Title 24 - Part 1; Part 2, Volume I & II; Part 2.5; Part 3; Part 4; Part 5; Part 6; Part 8; Part 9; Part 10; Part 11 and Part 12 of the California Code of Regulations subject to the definitions, clarifications, and the amendments set forth in this chapter. The purpose of this chapter is also to provide minimum requirements and standards for the protection of public safety, health, property, and welfare of the City of Riverbank. This chapter is adopted under the authority of Cal. Gov’t Code § 50022.2 and Cal. Health and Safety Code § 18941.5.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the city or any officer or employee thereof a mandatory duty of care towards persons and property within or without the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

If any provision of §§ 150.01 through 150.16 and 157.01 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. This City Council hereby declares that it would have adopted this chapter irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. (Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

The provisions of §§ 150.01 through 150.16 and 157.01 shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take affect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and affect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by this Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered. (Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

ADOPTION OF STANDARD CODES

In order to regulate the erection, construction, enlargement, alteration, repair, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Riverbank, the 2025 Edition of the California Administrative Code, published by the International Code Council (ICC), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 1, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Administrative Code as adopted by this section shall be on file in the office of the City Building Official for examination and use by the public. (Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

In order to regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, wiring, plumbing, use, height, area, and maintenance of all buildings and structures within the City of Riverbank, the 2025 Edition of the California Building Code, Title 24, Part 2, Volumes 1 and 2, published by the International Code Council (ICC), administrative sections, Chapter 29, Appendices A, C, and I; and amendments, as adopted by the Building Standards Commission of the State of California and codified at Title 24, Part 2 in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Building Code as adopted by this section shall be on file in the office of the City Building Official for inspection by the public.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

The purpose of this Code is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting, ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations. The provisions of this Code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every detached one and two single family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Riverbank. Therefore, the 2025 California Residential Code, Title 24, Part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Residential Code as adopted by this section shall be on file in the office of the City Building Official for inspection by the public. (Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

(A) In order to improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact, and encouraging sustainable construction practices within the City of Riverbank, the 2025 Edition of the California Green Building Standards Code, Title 24, Part 11 (also known as the CALGreen Code), published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance

of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. The provisions of this code shall apply to the planning, design, use, and occupancy of every newly constructed building or structure, unless otherwise indicated in this code, throughout the City of Riverbank. A true and correct copy of the 2025 California Green Building Standards Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public.

(B) This section shall be known as the Green Building Regulations of the City of Riverbank and regulates the construction of new buildings within this jurisdiction, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the California Green Building Code, and hydraulic flood control structures. The Green Building Regulations shall also apply to city owned buildings.

(C) Where in any specific case, different sections of the Green Building Regulations specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

In order to provide minimum requirements and standards for the protection of the public health, safety, and general welfare and to regulate the erection, installation, alteration, addition, repair, relocation, replacement, maintenance, and use of any plumbing system within the City of Riverbank, the 2025 Edition of the California Plumbing Code, Title 24, Part 5 and all appendix chapters, published by the International Association of Plumbing and Mechanical Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 5 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Plumbing Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

In order to provide minimum standards for the proper regulation of the installation of electrical systems within the City of Riverbank, the 2025 Edition of the California Electrical Code, Title 24, Part 3, and all appendix chapters, published by the National Fire Protection Association (NFPA), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 3, of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of the chapter as though set forth in full herein. A true and correct copy of the 2025 California Electrical Code shall be in the office of the City Building Official for inspection and use by the public. (Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

In order to provide minimum standards to safeguard life, limb, health, property, and public welfare from fire and explosive hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Riverbank, the 2025 California Fire Code, Title 24, Part 9, including Appendix Chapter 4, Appendices A, B, C, D, E, F, G, H, I, and J, published by the International Code Council (ICC), in the California Code of Regulations, as adopted by the Stanislaus Consolidated Fire Protection District, except as specifically repealed or amended by ordinance of the City

of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Fire Code as adopted by this section shall be on file in office of the Building Official for inspection by the public.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

(A) In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance, and use of heating, ventilating, cooling, refrigeration systems, and other heat-producing appliances and systems within the City of Riverbank, the 2025 Edition of the California Mechanical Code, Title 24, Part 4, and all appendix chapters, published by the International Association of Mechanical and Plumbing Officials (IAPMO), as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 4 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Mechanical Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public.

(B) Heating, cooling, and swimming pool equipment shall not be located within the required five-foot side or rear yard setback as defined by the City of Riverbank Zoning Ordinance for residential zonings.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of manufactured devices that have been certified by their manufacturer to meet or exceed minimum specifications or efficiencies by the California Energy Commission within the City of Riverbank, the 2025 Edition of the California Energy Code, Title 24, Part 6, and all appendix chapters, published by the International Code Council, as adopted by the Building Standards Commission of the State of California and codified in the California Building Standards Code at Title 24, Part 6 of the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made a part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Energy Code as adopted by this section shall be on file in the office of the City Building Official for inspection and use by the public.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance, and use of existing buildings while reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings within the City of Riverbank, the 2025 California Existing Building Code, Title 24, Part 10, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Existing Building Code as adopted by this section shall be on file in the office the of City Building Official for inspection by the public. (Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

In order to provide minimum standards to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, maintenance and use of historical buildings to provide solutions for the preservation of qualified historical buildings or properties, to promote sustainability, to provide access for persons with disabilities, to provide a cost-effective approach to preservation, and to provide for the reasonable safety of the occupants or users within the City of Riverbank, the 2025 California Historical Building Code, Title 24, Part 8, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Riverbank, is hereby adopted and made part of this chapter as though set forth in full herein. A true and correct copy of the 2025 California Historical Building Code as adopted by this section shall be on file in the office of the City Building Official for inspection by the public.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

SOLAR/PHOTOVOLTAIC POWER SYSTEMS

(A) Where installed. Solar photovoltaic power systems shall comply with the requirements of the 2025 California Residential Code, 2025 California Electrical Code, 2025 California Building Code, 2025 California Fire Code and California State Fire Marshal Solar Photovoltaic Installation Guidelines (the “Solar Photovoltaic Installation Guideline,” published April 22, 2008).

(B) The city may impose fees related to solar/photovoltaic power systems and from time to time amend said fees by resolution.

• (C) Small residential rooftop solar energy system review process.

• (1) The following words and phrases as used in this section are defined as follows:

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

1. E-mail;

2. The internet;

3. Facsimile.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM. Includes all of the following:

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and paragraph (iii) of subdivision (c) of § 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

SOLAR ENERGY SYSTEM. Has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of § 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

(2) Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar

energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist.

(3) The checklist shall be published on the city’s internet website. The applicant may submit the permit application and associated documentation to the city’s building division by personal or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

(4) Prior to submitting an application, the applicant shall:

(a) Verify to the city’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

(b) At the applicant’s cost, verify to the city’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

(5) For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Inspector and Fire Department designee. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection. (6) An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(7) Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations within one to three working days in which the permit application is submitted. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

(Ord. 2020-003, passed 2-11-20; Am. Ord. 2023-001, passed 1-24-23; Am. Ord. 2026-001, passed 1-27-26)

ELECTRIC VEHICLES

(A) Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter complies with California Government Code Section 65850.7.

(B) Definitions.

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

• (a) Electronic mail or email;

• (b) The internet;

• (c) Facsimile.

ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION. Any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it

reads on the effective date of this chapter, and delivers electricity from a source outside an electric vehicle into a plugin electric vehicle.

SPECIFIC, ADVERSE IMPACT. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(C) Expedited permitting process. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website.

• (D) Permit application processing.

(1) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health 2018 S-16

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and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking. (2) A permit application that satisfies the information requirements in the city’s adopted checklist shall be deemed complete and promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the city. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(3) Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(E) Technical review.

(1) It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the city/county may require the applicant to apply for a conditional use permit.

(2) In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

(F) Electric vehicle charging station installation requirements.

(1) Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

2018 S-16

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(2) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

(3) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

(4) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

(G) Any provision of the City of Riverbank Municipal Code or appendices thereto, inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent

necessary to effect the provisions of this chapter.

(H) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional. (Ord. 2017-008, passed 9-26-17)

SYSTEMS DEVELOPMENT FEES

This subchapter shall be known and cited as the Systems Development Fee Ordinance of the city. ('67 Code, § 5-17-1) (Ord. 2015-016, passed 10-27-15)

(A) The intent of this chapter is to ensure that new development bears a proportionate share of the cost of city parks, water, sewer, storm water, police, city administration, and transportation capital facilities. It is the further intent of this chapter that new development pay for its fair share for the development of these systems through the payment of fees. Furthermore, it is the intent of this chapter that the System Development Fees imposed on new development are no greater than necessary to defray the impacts directly related to proposed new development.

(B) It is not the intent of this chapter that Impact Fees be used to remedy any deficiency in system development existing on the effective date of this chapter. Further, it is not the intent of this chapter that any monies collected from any System Development Fee deposited in an System Development Fee Fund Account ever be commingled with monies from a different Fund Account, or ever be used for Capital Facilities that are different from that for which the fee was paid.

(C) Particularly, the provisions of this subchapter are adopted for the following reasons:

(1) To provide an adequate and constant method for the financing of the unfunded portion of needed systems development costs throughout the city, reasonably related to projected community growth.

(2) To promote the orderly and efficient expansion of public water, wastewater, storm management and transportation systems to adequately meet the domestic and economic needs of the community and to minimize adverse fiscal and environmental impacts of new development.

(3) To insure the continuation of necessary level of services including, but not limited to police and general administrative services.

(4) To establish equitable methods for allocating system development costs to the city associated with new development.

(5) To regulate the development of land to ensure that new development bears a proportionate share of the cost of capital expenditures necessary to develop all necessary infrastructure systems in Riverbank as contemplated by the General Plan.

(6) The General Plan establishes that land development shall not be permitted unless adequate capital facilities and/or infrastructure exist or are assured, and that land development shall bear a proportionate share of the cost of the provision of the new or expanded capital facilities required by such development.

(7) Other revenue sources are not sufficient to fund capital improvements necessary to accommodate new system development.

(8) The General Plan establishes that System Development Fees are one of the chosen methods of regulating land development in order to ensure that it bears a proportionate share of the cost of capital facilities necessary to accommodate the development and to promote and protect the public health, safety, and welfare.

(9) The use of System Development Fees is a means to provide additional resources for an adequate public infrastructure and services only as they relate to the needs of new development.

(10) The use of System Development Fees is a standardized method for ensuring that new development pays its fair share of the cost of public infrastructure systems.

(11) System Development Fees are used in the development of the Capital Improvement Program for financing public facilities, and ensure the adequacy of public systems to serve development.

(Ord. 2015-016, passed 10-27-15)

For the purposes of this subchapter, and resolutions adopted thereto, certain words shall have the following meanings;

BUILDING. Any new structure used or intended for supporting or sheltering any use or occupancy, including those moved into the city limits; but not including any outdoor tanks, towers, carports, or other similar structures.

CAPITAL IMPROVEMENT PROGRAM. The adopted schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Included are all major projects requiring the expenditure of public funds, over and above the city operating expenses, for the purchase, construction, or replacement of physical assets for the City of Riverbank.

CHURCH. Structures primarily designed as a place for public worship.

CITY ENGINEER. Persons employed or contracted by the city to perform professional engineering work and/or administration and consulting work in the design, investigation, and construction of street, utility, ground water and wastewater treatment systems, and other public works projects; to prepare plans and specifications; and to act as a project manager on assigned projects.

COMMERCIAL. Those uses designated as permitted or conditional uses in the SP, CX-1, C-1, C-2 and CM Zoning Districts of Chapter 153 except where such uses involve the manufacture or assembly of a product or warehousing. CONSTRUCTION COST. The direct costs for labor, material, equipment, and services; and other direct costs for the on-site erection, fabrication, installation, alteration, demolition, or removal of any facility or addition thereto, including all related activities, but not restricted to, clearing of land, earth moving and landscaping. Construction cost does not include the compensation paid to the architect and engineer and consultants, the cost of the land, rights-ofway or other costs.

DAY CARE CENTER. Structures (other than a family day care center) in which persons not of the immediate family are provided with care for compensation for a portion of the day not exceeding 12 hours in any 24-hour period. GOVERNMENT COST. Includes all direct and indirect costs to any part of the City of Riverbank for the

administration the System Development Fee Program. These costs include, but are not limited to, an appropriate share of: physical overhead, indirect costs including material and supply costs, utilities, insurance, travel, rents, buildings, equipment, management, supervision, enforcement, collection, research, establishment of standards, and regulation, including any required environmental impact assessments necessary to support the construction of SDF Program projects. Government Cost shall be determined or estimated from the best available records of the City of Riverbank, and new cost accounting systems need not be established solely for this purpose.

HOSPITAL. An institution where the ill or injured may receive medical, surgical, or psychiatric treatment, nursing care, food and lodging, and the like.

INDUSTRIAL. Those uses designated as permitted or conditional uses in the SP, CM, M-l, and M-2 Zoning Districts of Chapter 153, excluding all those uses which are permitted in any of the other zones as set forth in Chapter 153 excepting warehouses.

MULTI-FAMILY DWELLING. A residential dwelling unit that cannot be sold individually (for example, must be sold with at least one other dwelling unit on a single parcel of land).

PRIVATE SCHOOL. Includes those uses other than public uses offering educational services and/or vocational training to students aged five years or older but excluding child care facilities.

RESIDENTIAL CARE HOME. Structures designed for use as a convalescent hospital, or a retirement home, or a 24-hour care center for seven or more persons in addition to members of the family.

RESIDENTIAL DWELLING UNIT. One or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes, and having only one kitchen.

SINGLE-FAMILY DWELLING. A residential dwelling unit that may be sold individually.

SOFT COST. These costs are related to those items in a project that are necessary to prepare and complete the nonconstruction needs of the project. Soft costs include such items as architecture, design, engineering, permits, inspections, consultants, environmental studies, financing, interest payments, and regulatory demands needing approval before construction begins. Soft costs do not include construction, telecommunications, furnishings, fixed equipment, and expenditures or any other permanent components of the project.

SYSTEM DEVELOPMENT.

(1) Any building structure or other improvement constructed or renovated by the city upon property owned by or under its control; or

(2) Any physical asset, including initial equipment or piece of equipment, facility constructed or purchased, or land acquired necessary to deliver public services for new growth or new development.

SYSTEM DEVELOPMENT FEE. The fee charged for a change in use, new construction, including the expansion of and/or the addition to an existing, nonresidential structure, to mitigate the unfunded portion of the determined impact of the development.

('67 Code, § 5-17-3) (Ord. 2015-016, passed 10-27-15)

A systems development fee, as established from time to time by the City Council by resolution, shall be due and payable as at time of building permit issuance, unless deferred pursuant to action authorized by resolution of the City Council.

('67 Code, § 5-17-4) (Ord. 2015-016, passed 10-27-15)

(A) The systems development fee is intended to apply to all residential construction and to all reconstruction, alteration, modification, and additions which create additional dwelling units unless otherwise exempted under this section.

(B) The systems development fee is intended to apply to any intensification of use or the building of all new nonresidential construction and to additional building area due to reconstruction, alteration, modification, and additional nonresidential buildings.

(C) Square footage shall be determined by adding the number of square feet of space on each floor or level.

(D) The fees imposed by this subchapter shall not be applicable to those legal parcels on which a structure was previously situated but which was destroyed by fire or other natural disaster, or which was removed or demolished, provided:

(1) That a building permit to rebuild is obtained within one year of the destruction, demolition or removal of the structure.

(2) That the permit to rebuild is obtained by the owner and/or developer of record as of the date of the destruction, demolition or removal of the structure.

(3) That the exemption will apply only to the extent that the permit to rebuild is for the same number or fewer dwelling units (or, in the case of nonresidential uses, the same number of square feet) as previously existed. The fees imposed by this subchapter shall be applied to the extent that the permit is for more units (or more square feet) than previously existed.

(E) Total System Development cost is equal to the sum of Construction Cost, Soft Cost and Government Cost. For purposes of project reimbursement, soft costs are limited to 35% of actual verified construction costs.

(F) System Development Fees are intended to represent new impacts on city facilities. The City Council has the ability to allow for fee credits of certain fee categories to match actual project related impacts on facilities. Reductions should always be supported by written evidence which illustrates the project demands on City Infrastructure for a given project. This might include using actual vehicle trip data to suggest a lower transportation impact fee or actual flow data to lower water, sewer or storm drainage fees. The Owner and/or developer shall present evidence to the city demonstrating the new project demand estimates which in turn will be reviewed by the City Engineer and City Manager. The City Manager will make a recommendation to the City Council on the requested fee reduction which will be reflected by a City Council vote on the proposal which will recorded by minute action.

(G) Deferral of System Development Fees shall be approved by the City Council and shall include the requirement for a deposit, payment of an administrative expense and payment of a reasonable rate of interest for the portion of the fee which is deferred. The deferment and interest and any outstanding administrative expenses shall be paid prior to the final building inspection and the entire deferment agreement shall be recorded as a lien against the property to which the deferment is sought.

he requirement for a deposit, payment of an administrative expense and payment of a reasonable rate of interest for the portion of the fee which is deferred. The deferment and interest and any outstanding administrative expenses shall be paid prior to the final building inspection and the entire deferment agreement shall be recorded as a lien against the property to which the deferment is sought.

(Ord. 2015-016, passed 10-27-15)

(A) The City Engineer may direct or authorize the owner and/or developer to construct certain facilities specified in the System Development Fee Analysis and/or described in the current Capital Improvement Program of the city, or portions thereof, at the time and as designated in the study, in lieu of all, or a portion of, the fee required by this chapter. The owner and/or developer might be entitled to a credit if the owner and/or developer:

• (1) Designs and constructs the improvements.

(2) Finances said improvements by cash, bond or other means approved by the Council.

(3) A combination of the above. All improvements must be accepted for maintenance by the City Council in order

for credit to be accrued to the project unless advanced fee credit is authorized by agreement approved by the City Council.

(B) The credit to be provided to the property owner and/or developer shall be determined by the City Engineer based on prevailing construction costs consistent with the anticipated costs illustrated in the adopted System Development Fee Study as may be modified from time to time. The final credit amount shall be approved by the City Council. The construction of a facility authorized by this section must consist of a usable facility or segment and be approved by the city and constructed in accordance with the city's public improvement design standards.

(C) If the amount of credit due is greater than the amount of System Development Fees otherwise owed for the project, the city, at the City Council's election, may elect to pay the difference from the appropriate development impact fee fund, if funds are available, after the improvements have been accepted by the city as complete. The city shall track and make payments to the installer of facilities based on a strategy of first in line, using the date the City

Council accepts the improvements as indicator date. The terms of the reimbursement obligation will be described in an agreement between the developer and the city.

(Ord. 2015-016, passed 10-27-15)

(A) Park-in-lieu fees. The park-in-lieu (Quimby) fees are used for the acquisition of neighborhood parkland while the System Development fee covers the other capital items necessary for neighborhood park development including soft and hardscape. Park-in-lieu fees are paid prior to the filing of a final map in accordance with the Subdivision Ordinance, § 152.037.

(B) Sewer connection charges. Sewer connection charges represent the costs associated with the ability to serve a development. Sewer connection charges are paid as required by Chapter 51.

(C) Water connection charges. Water connection charges represent the costs associated with the ability to serve a development. Water connection charges are paid as required by Chapter 52.

(Ord. 2015-016, passed 10-27-15)

All of the systems development charges collected shall be placed in one or more special funds which are hereby created and established for such purposes and which shall be known as the Systems Development Funds. Sums collected under this chapter may only be expended for improvements intended for each System Development Fund category as established by the City Council. The City Council may, upon recommendation from the City Manager in consultation with the City Finance Director, allow cross borrowing of funds only upon making the following findings for over-riding need and necessity:

(A) The cross borrowing of funds will not adversely impact needed improvements within existing established neighborhoods of the city identified within the Capital Improvement Program of the city;

(B) The cross borrowing of funds will result in a more efficient infrastructure system with lower operating costs than envisioned by the Capital Improvement Program;

(C) The cross borrowing of funds will have a direct environmental benefit than otherwise envisioned by the Capital Improvement Program; and

(D) The crossing borrowing of funds will not impact needed government and public safety facilities identified within the Capital Improvement Program.

(E) If funds are allowed to be borrowed, then the request shall include a repayment plan with the mechanisms and timing for the repayment of the funds borrowed.

(F) During the construction of individual facilities identified in the Capital Improvement Program, the City Manager shall have the authority to make loans among the System Development Fee funds to assure adequate cash flow for the construction if said public facility. The City Manager may only do so after making a determination that the inter-fund loan does not interfere with the scheduled Capital Improvement Program of the lending fund. Interest on each loan shall be the same rate then earned on other city funds.

(Ord. 2015-016, passed 10-27-15)

(A) A property owner and/or developer or developer who constructs a qualified public improvement to either the transportation, parks, sanitary sewer, storm water or the water system may be eligible for a credit to be applied against

the appropriate category of the System Development Fee (SDF). A qualified public improvement, as referenced, means a capital improvement that is:

• (1) Required as a condition of development approval;

• (2) Is identified in the transportation, park, water, wastewater or storm system master plans; and

(3) Is either: (a) not located within or immediately adjacent to property that is the subject of development approval, or is (b) located in whole or in part within or immediately adjacent to property that is subject to development approval and is required to be constructed by the particular development project to which the SDF is related.

(B) A public improvement that is eligible for SDF credit is one that is designed and built in accordance with the appropriate utility master plan and/or identified within the Capital Improvement Program of the city. Infrastructure lines that are sized to accommodate a developer's individual service and fire protection needs do not qualify for SDF credits. SDF credits are possible only for projects identified in the adopted SDF program (Nexus Analysis).

• (C) Establishing and recording System Development Fee credits:

(1) The property owner and/or developer or developer shall submit a written request for an evaluation of SDF credits at the same time as they make the application for Public Improvement Plan Review.

(2) The written request shall include the engineer's detailed construction cost estimate for the qualified infrastructure to be constructed.

(3) The method for estimating eligible SDF credits will be determined by comparing the project engineers cost estimate against current water and sewer construction costs developed by the City Engineer.

(4) Once the Developer has completed construction of the infrastructure, and before the improvements have been accepted by the city, the City Engineer may request documentation of final construction costs to verify actual costs. Actual construction bids shall be provided by the developer and shall consist of certified payment statements for materials and construction. If the actual construction costs are less than or equal to the construction cost estimates that the system development fee credits were based on, the agreement amount(s) will be revised accordingly. If the final construction costs exceed the construction estimates agreed to by the City Engineer and/or as provided in the adopted SDF Program, as modified from time to time by the City Council, the original agreement amount might be modified to reflect the extra costs. Any expense in excess of the costs adopted in the SDF Program will be forfeited by the owner and/or developer unless the City Council agrees to some other form of reimbursement like an area of benefit. (Ord. 2015-016, passed 10-27-15)

STREET IMPROVEMENTS

The purposes of this subchapter are to provide for and safeguard life, health, property and the public welfare by maintaining and improving the standards of thoroughfares, for the public safety and for the protection of public investment in existing streets and highways. Permits are required for such improvements and shall be issued through the City Building Inspection Department prior to commencement of construction. (`67 Code, § 5-6-1) (Ord. 80-4, passed 4-14-80)

No building permit, when such permit is required by the provisions of this code, shall be issued for the erection or construction, or the moving onto any land, of any building or structure, or for the remodeling or converting of any building or structure when the reasonable value thereof, as determined under the standards set forth in the most recent edition of the Uniform Building Code of the International Conference of Building Officials, exceeds $10,000, unless

concrete curbs and gutters, sidewalks, standard driveway approaches and matching pavement are provided, except as follows:

(A) Lots having a frontage of 200 feet or more on a public maintained street or highway and where only one singlefamily dwelling is to be constructed and structures for uses appurtenant thereto.

(B) When the Director of Public Works finds that the installation of concrete curb and gutter and sidewalk, standard driveway approaches and/or matching pavement is undesirable or unfeasible due to the possibility of increased traffic hazards, bad drainage, difficulties for on-street parking, driveway access, or the establishment of grade lines; or any other condition which the Director of Public Works deems justifiable in delaying such street improvements until the public maintained thoroughfare is reconstructed, the owner shall deposit a sum of money, surety bond, or an approved instrument of credit, in an amount set by the Director of Public Works equal to the estimated cost of the improvements, which may be retained and used by the city to make such improvements, after regrading or reconstruction has been done or other need for postponement has been eliminated or has ceased to exist.

(C) In the case of lots having a street or road frontage of less than 200 feet, which are of legal record on the effective date of this subchapter, and for which no official street plan and profile providing for adequate drainage or street width has been adopted by the City Council or for other reasons as determined by the City Engineer for which a delay in the installation of such improvements would be of advantage to the city, a recordable deferred street improvement agreement providing for the installation of concrete curb, gutter, matching pavement and sidewalk (when required by this code) and specifying a sum to be expended for improvements in an amount set by the City Engineer, equal to his estimate of the cost of such improvements, plus 15% for each full year installation of improvements is deferred, may be executed in lieu of making such improvements. Such agreement shall be in form as approved by the City Attorney and as accepted on behalf of the city by the City Engineer or his authorized deputy, and when recorded shall constitute a lien upon the property.

(1) The agreement shall be performed and complied with upon demand of the Director of Public Works after a finding by the City Council that one or more of the conditions listed below is applicable:

(a) A satisfactory drainage system exists, with direct benefit to such lot, which will accommodate surface storm water to the established community standard.

(b) The public maintained thoroughfare abutting the lot is to be or has been reconstructed to a satisfactory grade.

(c) 50% of the frontage of a particular block on the side of the street on which the lot is located has curb, gutter, sidewalk and matching pavement installed or the owners of such percentage of frontage have agreed to install such improvements by agreements executed pursuant to the provisions of this division. For purposes hereof, block shall be the distance on one side of a street between two intersecting streets as shown on the recorded subdivision map, or 1,000 feet, whichever is less. The City Engineer shall establish the limits of the 1,000 feet, for the purpose of determining that 50% of frontage is or will be improved. In the case of a cul-de-sac or dead-end street, block shall mean the distance along one side of the street for not more than 1,000 feet, as determined by the City Engineer.

(d) That special circumstances exist which justify requiring immediate construction of street improvements.

(2) The Director of Public Works shall give 30 days notice, in writing, to the owner of the property to install the required improvements.

(3) If the owner of the property refuses or neglects to install the required improvements within such period of 30 days, the agreement may be referred to the City Attorney for action for enforcement of the lien thereof, or the improvements may be installed by the Department of Public Works and the cost thereof shall become a lien and charge upon the property and collectable in the same manner as unpaid taxes, together with the costs of collection.

(4) Upon the satisfactory completion of the obligation or a substitution of the agreement by a cash deposit with the city as provided in the agreement, the city shall record a release and satisfaction exonerating the agreement and

lien thereof. (`67 Code, § 5-6-2) (Ord. 86-19, passed 8-25-86)

If improvements are required, pursuant to the provisions of this subchapter or any other provision of this code, plan and profile of proposed street improvements, prepared by a licensed civil engineer, shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. All improvements shall be completed prior to final approval of the building or structure by the Building Inspector, unless he shall find that by reason of special circumstances completion thereof may be postponed, but in such event, cash in an amount set by the Director of Public Works equal to the estimated cost of the improvements shall first be deposited with the city. (`67 Code, § 5-6-3)

The city shall require dedication of land for street or highway purposes to achieve conformance with the general plan of the city, prior to issuance of building permit, or the city may accept in lieu thereof an agreement to make such dedication in form and substance as approved by the City Attorney.

(`67 Code, § 5-6-4)

(A) Any permit applicant, if of the opinion that any decision, determination, or requirement of the Building Inspector, City Engineer, or Director of Public Works is an improper application of this subchapter or not legally justified, may appeal to the City Council.

(B) All appeals taken under this section must be taken within 30 days after the decision, determination, or statement of requirement by filing with the office of the City Clerk a written notice of appeal specifying the grounds thereof. The City Clerk shall notify the city official involved of the filing of such appeal, and the official shall forthwith transmit to the City Clerk all the papers constituting the file and records upon which the action appealed from was taken.

(C) The City Clerk, upon the filing of such appeal, shall place the matter upon the agenda for the next regular meeting of the City Council occurring not earlier than five days after the filing of appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard. The decision of the City Council upon the appeal shall be final.

(`67 Code, § 5-6-5) (Ord. 80-4, passed 4-14-80)

VACANT BUILDINGS

The City Council finds as follows:

(A) Vacant and boarded buildings are a major cause and source of blight in residential and non-residential neighborhoods. This is particularly true when the owner of the vacant building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings can attract transients and criminals. Use of vacant buildings by transients and criminals, who frequently employ primitive cooking or heating methods, creates a risk of fire for the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are

boarded up to prevent entry by transients and other long-term vacancies discourage economic development and limit appreciation of property values.

(B) Based on the likely economic and public health, welfare, and safety problems caused by vacant buildings, the city needs to monitor the status of vacant buildings so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the city. City departments involved in such monitoring include the Police, Public Works and Building Departments and the Code Enforcement Division. There is a substantial cost to the city for monitoring vacant buildings, whether or not those buildings are boarded up. It is the responsibility of property owners to prevent property they own from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare, and any costs to the city for monitoring vacant buildings should be borne by those owners.

(Ord. 2023-004, passed 5-23-23)

The definitions contained in this section shall govern the construction of this chapter.

BLIGHT shall mean a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance pursuant to § 98.03 of this Code, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.

BOARDED BUILDING or BOARDED UP shall mean a building, any of the doors or windows of which have been covered with plywood or other material.

VACANT BUILDING or VACANT shall mean a building which is without a legal resident or occupant or which is not being put to a lawful commercial or industrial use.

(Ord. 2023-004, passed 5-23-23)

(A) Monitoring program. The City Manager or their designee shall be responsible for administering a vacant or boarded building monitoring program for identifying and monitoring the maintenance of all vacant or boarded buildings in the city. Any building, residential or non-residential, which is boarded up by voluntary action of the owner or as a result of enforcement activities by the city or is vacant for more than 90 days for any reason, must register for the program. Every owner of a vacant or boarded building that is registered in the program shall be subject to a monthly fee in an amount set by resolution of the City Council not to exceed the reasonable cost of monitoring the vacant or boarded building, and must submit a rehabilitation plan containing:

(1) A statement outlining the property owner's plan, if applicable, for repairing the premises for occupants, meeting all applicable codes, offering the premises for sale, lease, or rent, or actively maintaining and monitoring the premises; and

(2) The expected timeline for completing any actions listed above.

(B) Fee waiver . The vacant or boarded building monitoring program fee may be waived by the City Manager or their designee upon a showing by the owner that:

• (1) The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy.

(2) The building meets all applicable codes and is actively being offered for sale, lease or rent.

(3) The City Manager or their designee determines that the building does not contribute to, and is not likely to contribute to blight, because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:

• (a) Maintenance of landscaping and plant materials in good condition.

(b) Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition.

• (c) Regular removal of all exterior trash, debris, and graffiti.

• (d) Maintenance of the building in continuing compliance with all applicable codes and regulations.

(e) Prevention of criminal activity on the premises, including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.

(C) Procedure . The vacant or boarded building monitoring program fee shall be billed to the owner of the property and mailed to the owner’s address as set forth on the last equalized assessment roll of the County Assessor.

(1) Any owner billed may apply for a waiver on the grounds set forth in division (B) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the City Manager or their designee within 30 days after the billing is mailed to the owner. The City Manager or their designee shall review the written statement and may contact the owner to discuss the application for waiver. The City Manager or their designee shall prepare a written decision which shall be mailed to the owner.

grounds for the waiver, and the owner's daytime telephone number, to the City Manager or their designee within 30 days after the billing is mailed to the owner. The City Manager or their designee shall review the written statement and may contact the owner to discuss the application for waiver. The City Manager or their designee shall prepare a written decision which shall be mailed to the owner.

(2) Any owner who disagrees with the decision of the City Manager or their designee relating to an application for waiver may appeal by submitting a written appeal hearing request to the City Clerk within 30 days of receipt of the City Manager or their designee's decision. The hearing shall be set and conducted pursuant to §§ 99.06 and 99.07 of this Code.

(D) Collection . If the monthly fee is not paid within 90 working days after billing, or within 60 days after the decision of the City Manager or their designee or the outcome of an appeal hearing, the fee may be collected through a lien pursuant to § 99.16 of this Code.

(Ord. 2023-004, passed 5-23-23)

Failing to register for the vacant or boarded building monitoring program as required in § 150.72 within 30 days of a building becoming vacant or boarded as defined in § 150.71 shall constitute a violation of these provisions subject to administrative penalty.

(Ord. 2023-004, passed 5-23-23)

(A) Upon a property owner failing to register as required under § 150.72, the City Manager, or their designee shall issue a notice of violation directed to the record owner of the premises. The notice of violation shall contain:

(1) The street address and such other description as is required to identify the premises.

(2) A statement specifying the conditions which constitute a violation of this chapter.

(3) A statement that administrative penalties may begin to accrue upon the expiration of the 30 day correction period if the property owner does not register for the vacant or boarded building monitoring program. The statement shall state that the 30 day correction period begins on the date of the issuance of the notice of violation. The statement shall identify the date of issuance.

(4) A statement that upon registering into the vacant or boarded building monitoring program, the property owner shall be subject to a monthly fee and must submit a rehabilitation plan as specified in § 150.72(A).

(5) A statement notifying the property owner that he or she may request a hearing within 20 calendar days of the mailing of the notice to dispute the existence of any violation or to show cause why an administrative penalty should not be assessed in accordance with this Code. The statement shall notify the property owner that the 30 day correction period shall be suspended from the date of a request for a hearing until such time as the hearing officer renders a decision.

(6) A statement notifying the property owner that he or she may request an extension as provided for in § 150.78.

(B) The notice of violation, and any amended or supplemental notice, shall be served either by personal delivery or by return receipt mailing upon the record owner at his or her address as it appears on the latest equalized assessment roll of Stanislaus County, or as known to the City Manager or their designee. A copy of the notice and any amended or supplemental notice shall also be posted on the building.

(Ord. 2023-004, passed 5-23-23)

Any owner of a vacant or boarded building in violation of § 150.72 shall register for the vacant or boarded building monitoring program within 30 days of the date of the issuance of the notice of violation. The date of the issuance of the notice of violation shall be the date the notice of violation is mailed to the property owner or posted on the property as provided for in § 150.74, whichever is earlier. Provided the property owner diligently pursues registration into the program, no administrative penalties shall be imposed. In the event the property owner does not request a hearing or correct the violation within 30 days of the date of the issuance of the notice of violation, the city may impose administrative penalties as provided for in § 150.80. In the event the property owner requests a hearing, the 30-day correction period shall be suspended from the date of the request until such time as a decision is rendered. Upon the issuance of a decision, the property owner shall have the balance of the original 30-day period to commence any necessary corrections or repairs before administrative penalties accrue.

(Ord. 2023-004, passed 5-23-23)

In administering the vacant or boarded building monitoring program, the City Manager or their designee may impose such requirements to secure the property as deemed reasonably necessary to protect the public health, safety, and welfare. The City Manager or their designee shall notify the affected property owner of the decision to impose securing requirements in writing. Any owner who disagrees with the decision of the City Manager or their designee relating to any securing requirements may appeal by submitting a written appeal hearing request to the City Clerk within 30 days of receipt of the written notice imposing securing requirements on the property. The hearing shall be set and conducted pursuant to §§ 99.06 and 99.07 of this Code.

(Ord. 2023-004, passed 5-23-23)

Hearings shall be scheduled and conducted as provided for in §§ 99.06 and 99.07 of this Code. (Ord. 2023-004, passed 5-23-23)

The City Manager or their designee may, upon request of the owner of the premises grant a 30-day extension for good cause shown. The City Manager or their designee may grant one extension for each property in violation of these provisions. Administrative penalties shall not accrue during the extension period. (Ord. 2023-004, passed 5-23-23)

(A) If the property owner requests a hearing, the appeal hearing body may, with the consent of the owner, inspect the building and premises involved in the hearing prior to, during or after the hearing, provided that:

• (1) Notice of such inspection shall be given to the parties before the inspection is made;

• (2) The parties are given an opportunity to be present during the inspection; and

(3) The hearing body shall state for the record during the hearing, if requested, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed, and the conclusion drawn therefrom.

(B) The owner shall have a right to rebut or explain the matters stated by the hearing body pursuant to division (A) either for the record during the hearing or by filing a written statement within five days after the hearing for inclusion in the hearing record.

(C) An inspection warrant or the owner's consent to inspect the building and surrounding properties is required unless such inspection can be made from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located.

(Ord. 2023-004, passed 5-23-23)

(A) Any owner of a vacant or boarded building who has failed to register for the vacant or boarded building monitoring program and who has failed to commence corrections within the correction period established under § 150.75 or any extension as provided for in § 150.78, shall be liable for administrative penalties.

(B) Any violation of §§ 150.72 and 150.73 shall be a misdemeanor. Any administrative penalty imposed pursuant to this chapter shall be in an amount not to exceed $1,000 per building for each violation. Pursuant to § 99.09(G), each and every day, or portion thereof, of continuing violation shall constitute a separate and distinct offense. (Ord. 2023-004, passed 5-23-23)

In setting the penalty, the City Manager or their designee shall consider factors including, but not limited to: the severity, extent and length of time in which the blighting conditions have existed on the property; the owner's efforts, or lack thereof, to remedy the problem; staff time and costs incurred in investigating the conditions; and the extent, if any, to which an administrative penalty would impose a substantial economic hardship on the owner or would hinder the rehabilitation of the building.

(Ord. 2023-004, passed 5-23-23)

(A) Upon the expiration of the 30-day correction period, or any applicable 30-day extension, whichever is applicable, the city shall send the property owner a letter notifying him or her of any administrative penalties being imposed. The administrative penalty shall become due and payable within 30 days of the mailing of the letter notifying the property owner of the administrative penalty.

(B) If the administrative penalty is not timely paid, the city may initiate action to collect the penalty by the remedies and procedures provided for in Chapter 99.

(C) An administrative penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the thirty-first day following the date the penalty is due and payable as provided for in division (A) of this section.

(Ord. 2023-004, passed 5-23-23)

The owner of a vacant building may designate in writing to the city an agent to authorize the resumption of city utility service to the property. However, this section shall not be interpreted to reduce or eliminate outstanding debts, fees or costs the owner or agent may be required to pay prior to city utility service connection. (Ord. 2023-004, passed 5-23-23)

Unless otherwise expressly provided, the remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any others available under State law or other city ordinances. (Ord. 2023-004, passed 5-23-23)