Shafter Municipal Code Ch. 15.16 Property Maintenance Code

This Chapter may be cited as the "Shafter Property Maintenance Code."

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

That portion of the International Property Maintenance Code, 2021 Edition, including appendix "A" and standards, as modified, and amended by this chapter, is adopted by this reference into the Shafter Property Maintenance Code. All references in this code to provisions and sections of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code, NFPA70, and International Zoning Code shall be replaced with the corresponding provisions and sections of the Shafter Building Code, the Shafter Existing Building Code, The Shafter Energy Code, The Shafter Fire Code, The Shafter Mechanical Code, The Shafter Residential Code, The Shafter Plumbing Code, and The Shafter Zoning Ordinance. All references to the International Fuel Gas Code shall be replaced with the corresponding references the Shafter Plumbing Code. All references to the "Housing Code" or "Shafter Housing Code" and "Dangerous Building Code" shall now refer to and mean the Shafter Property Maintenance Code.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

The following provisions of the International Property Maintenance Code, 2021 Edition, are not adopted as part of the Shafter Property Maintenance Code and shall not apply thereto:

(Ord. No. 743, § 1(Exh. A), 12-6-2022)

The following sections of the 2021 International Property Maintenance Code are amended, or added to read as follows:

SECTION 101 SCOPE AND GENERAL REQUIREMENTS

Section 101.1 amended—Title

101.1 Title These regulations shall be known as the Shafter Maintenance Code, hereinafter referred to as "this code."

SECTION 102 APPLICABILITY

Section 102.1.1 added—Conflicts.

Section 102.1.1 Conflicts.

In the event of a conflict between the provisions of the California Health and Safety Code, the International Property Maintenance Code, 2021 Edition, the 2022 California Building Standards Code, the Building Official shall implement the most restrictive measures cited.

SECTION 103 CODE COMPLIANCE AGENCY

Section 103.1 amended—Creation of agency.

Section 103.1 Creation of agency.

The Shafter Building Department shall enforce this code and the Building Official shall be the code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

SECTION 107 MEANS OF APPEAL

Section 107.3 amended—Qualifications.

Section 107.3 Qualifications. The board of appeal shall be the Shafter Board of Appeals, as established by City Council.

SECTION 108 BOARD OF APPEAL

Section 108.1 amended—Membership of board.

Section 108.1 Membership of board.

The membership of board shall mean the members of the as established by City Council. Hearings or appeals shall be carried out by the Shafter City Council. Wherein this Code provides for hearing or acting on appeals, such function shall be carried out by the Shafter City Council.

SECTION 111 UNSAFE STRUCTURES AND EQUIPMENT

Section 111.4.3 added—Recordation of declaration of substandard property.

Section 111.4.3 Recordation of Declaration of Substandard Property.

If compliance is not had with the order within the time specified there, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that building is no longer substandard, whichever is appropriate.

Section 111.7 amended—Placarding.

Section 111.7 Placarding.

Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the words "Occupancy Unsafe" and a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the unsafe equipment.

Section 111.7.1—amended—Placard removal.

Section 111.7.1 Placard removal.

The code official shall remove the occupancy unsafe placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes an occupancy unsafe placard without the approval of the code official shall be submit to the penalties provided by this code.

Section 111.10 added—Extension of time to perform work.

Section 111.10 Extension of time to perform work.

Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the building official may grant an extension of time, not to exceed an additional 30 days, within which to complete said repair, rehabilitation, or demolition, if the building official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The building official's authority to extend time is limited to the physical repair, rehabilitation, or demolition of the premises and will not in any way affect or extend the time to appeal the notice and order.

Section 111.11 added—Interference with repair or demolition

Sections 111.11 Interference with repair or demolition. No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building that has been ordered repaired, vacated, or demolished under the provisions of this code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor, or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work or repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.

SECTION 112 EMERGENCY MEASURES

Section 112.1 amended—Imminent danger.

Section 112.1 Imminent danger.

When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endanger by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "Occupancy Unsafe." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

SECTION 202 GENERAL DEFINITIONS

A. Definitions added.

"BUILDING OFFICIAL" is added and shall mean the Director of the Building Department in his or her capacity as building official or his or her designee, under any other adopted code, is necessarily intended.

"PUBLIC OFFICIAL" shall mean the Building Official, Health Officer or designees.

"BUILDING CODE" shall mean the Shafter Building Code, as adopted by the Code of Building Regulations.

"HEALTH OFFICER" shall mean the Health Officer of the County of Kern, Building Official, or a designated representative.

"Board of Appeals" shall mean the Shafter City Council.

B. Definitions amended.

"CODE OFFICIAL" shall mean the "Building Official."

"INOPERABLE MOTOR VEHICLE." A vehicle that cannot be driven upon the public street for reason including but limited to being wrecked, abandoned, in as state of disrepair, or incapable of being move under its own power.

"PREMISES." A lot, plot, or parcel of land, or easement, including any structures thereon.

"TENANT." A person, corporation, partnership, or group, whether or not the legal owner of record, legally occupying a building or portion thereof as a unit.

"Building Code" shall mean the Shafter Building Code, as adopted by the Code of Building Regulations.

"Health Officer" shall mean the Health Officer of the County of Kern, Building Official, or a designated representative.

"Mechanical Code" shall mean the Shafter Mechanical Code, as adopted by the Code of Building Regulations.

SECTION 302 EXTERIOR PROPERTY AREAS

Section 302.4 amended—Weeds.

Section 302.4 Weeds.

Premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs provided: however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 108.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

Section 302.8 amended—Motor Vehicles.

Section 302.8 is amended by replacing the first sentence to read as follows:

Section 302.8 Motor Vehicles.

Except as provided for in other regulations, inoperable motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

SECTION 304 EXTERIOR STRUCTURE

Section 304.14 amended—Insect screens.

Section 304.14 Insect screens.

Every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other means, such as air curtains or insect repellent fans, are employed.

SECTION 309 PEST ELIMINATION

Section 309.5 amended—Occupant.

Section 309.5 Occupant. The occupant of any structure may be responsible for the continued rodent and pest-free condition of the structure.

Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.

SECTION 404 OCCUPANCY LIMITATIONS

Section 404.7 deleted—Food preparation.

Section 404.7 Food preparation is deleted.

SECTION 602 HEATING FACILITIES

Section 602.2 amended—Residential occupancies.

Section 602.2 Residential occupancies.

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F (20 degrees C) in all habitable rooms, bathrooms, and toilet rooms in accordance with the provisions of Section R303.10 of the Shafter Residential Code. Cooking appliances shall not be used, nor portable, unvented fuel-burning heaters be used a means to provide required heating.

Section 602.3 deleted—Heat supply.

Section 602.3 Heat supply is deleted.

Section 602.4 deleted—Occupiable workspaces.

Section 602.4 Occupiable workspaces is deleted.

(Ord. No. 743, § 1(Exh. A), 12-6-2022)