Division 5 — HOUSING — San Joaquin County Municipal Code

8-5000 - FINDING OF PUBLIC INTEREST.

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

The Board of Supervisors also finds that it is in the best interest of the public to provide for the abatement of nuisances and substandard or hazardous buildings not covered under the State Housing Law.

(Ord. 3649)

8-5001 - ADOPTION OF STATE HOUSING LAW.

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

(Ord. 3649)

8-5002 - ADOPTION OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS' UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS.

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

(Ord. 3649)

(Ord. No. 4537, 8-13-2019)

8-5003 - DEFINITIONS.

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

(a)

"Appeals Board" means the Board of Housing Appeals of the County of San Joaquin.

(b)

"Building Official" means the Building Official of the County of San Joaquin or authorized representative.

(c)

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

(d)

"Fire Warden" means the Fire Warden of the County of San Joaquin or authorized representative or the District Fire Chief or authorized representative.

(e)

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

(f)

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

(g)

"Nuisance" means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, anything declared elsewhere in this Code to be a nuisance, or any other form of nuisance recognized at common law or in equity, including, but not limited to, abandoned wells, excavations, septic tanks, accumulation of garbage and trash, vectors, hazards, unsanitary conditions and substandard places of human habitation and substandard conditions which are not covered by Sections 8-5001 or 8-5002 of this chapter.

(h)

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

(i)

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

(j)

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

(Ord. 3649; 3817)

8-5004 - BOARD OF HOUSING APPEALS.

(a)

Membership: The Appeals Board shall consist of five (5) members who shall be appointed by the Board of Supervisors in the following manner:

The five (5) members shall be composed of one (1) resident from each of the five (5) Supervisorial Districts appointed as a representative of their respective Supervisorial District;

If during a member's term that member moves from one Supervisorial District into another because of a change in District boundaries, that member may complete the remainder of his or her term.

(b)

Vacancies and Removal:

If during a member's term if any of the following events occur then the seat is considered vacant:

The member's death or physical or mental incapacitation;

ii.

The member's resignation or removal;

iii.

The member's ceasing to be a resident of the Supervisorial District to which they were appointed; or

iv.

The member is absent from two (2) or more consecutive meetings without excuse; or

The office of the Supervisor of the Supervisorial District from which the member was appointed becomes vacant.

Any member of the Appeals Board may be removed for cause by majority vote of the Board of Supervisors.

(c)

Term:

All members of the Appeals Board serve for four-year terms and at the pleasure of the Board of Supervisors.

The members first appointed serve for the following terms: one (1) for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, and two (2) for a term of four (4) years. The

members first appointed shall, at their first meeting, decide by lot which of them shall serve for terms of one (1), two (2), three (3) and four (4) years, respectively.

ii.

Thereafter, members shall be appointed for terms of four (4) years, except that in the event of a vacancy shall serve for the unexpired term of which the replacement member is appointed.

iii.

A member may continue in office after the end of the term of office until a successor member has been appointed by the Board of Supervisors and has taken the oath of office.

iv.

The Clerk of the Board of Supervisors shall be responsible for the notification of the Chairman of the Board of Supervisors and the district Supervisor where a vacancy has occurred and at least four (4) months prior to the expiration of a term.

(d)

Secretary: The Secretary of the Appeals Board shall be designated by the Board of Supervisors. The Secretary of the Appeals Board shall not make motions, nor offer resolutions, nor vote as a member of the Appeals Board, but may participate in Board discussion.

(e)

Staff: The Building Official or designee, the Director of Environmental Health or designee, the Fire Warden or designee, and the County Counsel or designee shall serve as ex officio advisory members of the Appeals Board. The ex officio advisory members of the Appeals Board shall not make motions, or offer resolutions, or vote as members of the Appeals Board, but may participate in Appeals Board discussion.

The Secretary and ex officio advisory members of the Appeals Board shall not receive compensation for their services with the Appeals Board other than the compensation to which they are otherwise entitled as County officers or employees.

(f)

Compensation: The members of the Appeals Board shall receive $25.00 compensation for each meeting of the Appeals Board at which they are actually present, not to exceed four (4) meetings in any one month, and shall in addition thereto receive their actual and necessary expenses incurred in the performance of their duties, including, but not limited to, mileage to and from the meetings of the Appeals Board. Such compensation may be changed by subsequent Resolution of the Board of Supervisors.

(g)

Elections: The members of the Appeals Board shall, at the time of their first meeting, and annually thereafter during the month of January, select from among their members a chairman and a vice-chairman.

No appointed member shall be elected Chairperson or Vice-Chairperson for more than two (2) consecutive terms.

(h)

Rules of Procedure: The Appeals Board shall adopt rules for the conduct of its meetings and establish procedures not in conflict with this division for the processing of appeals.

(i)

Meetings: The Appeals Board shall establish regular meeting dates and may from time to time call special meetings.

(j)

Votes: All decisions and recommendations of the Appeals Board shall be carried by the affirmative votes of not less than a majority of its total voting members.

(Ord. 3649)

(Ord. No. 4567, 11-17-2020)

8-5005 - INSPECTION AND ENFORCEMENT.

(a)

The enforcement agency shall administer, inspect and take such action as may be required to enforce this division.

(b)

All corrections ordered by the enforcement agency shall be undertaken only after securing all necessary permits.

(c)

For the purpose of enforcement of this division, the Fire Warden or designee of the County of San Joaquin may enforce the provisions of this division relative to fire safety.

(d)

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

(e)

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

(f)

All appeals regarding enforcement of the State Housing Law and the International Conference of Building Officials' Uniform Code for the Abatement of Dangerous Buildings will be heard by the Board of Housing Appeals. The decision of the Board of Housing Appeals shall be final. Appeals of enforcement action pursuant to Government Code Section 25845 will be heard by the Board of Supervisors.

(g)

All appeals to the Board of Housing Appeals must be received by the Secretary of the Board of Housing Appeals no later than 4:30 p.m. on the last day to appeal.

(h)

All appeals to the Board of Supervisors must be received by the Clerk of Board of Supervisors no later than 4:30 p.m. on the last day to appeal.

(Ord. 3649)