Ventura Municipal Code § 12.310.020 Amendments

11 Editor’s note(s): Ord. No. 2019-018, adopted October 7, 2019, amended Chapter 12.310 in its entirety. Former Chapter 12.310 pertained to the same subject matter, and derived from Ord. No. 2013-020, adopted December 9, 2013.

Pursuant to California Government Sections 50022.1 through 50022.8, inclusive, the 2024 International Property Maintenance Code (IPMC), including Appendix A, is adopted in its entirety, subject to the amendments, additions, and deletions set forth in this chapter. The IPMC shall apply to all occupancies identified by the code. One true copy of the IPMC is on file in the office of the code official and is available for public inspection as required by law. (Ord. No. 2019-018, § 1, 10-7-19; Ord. No. 2022-020, § 1, 11-28-22; Ord. No. 2025-015, § 2, 11-18-25)

After due consideration the city council finds and determines that modifications and changes to the IPMC are reasonably necessary to provide sufficient and effective protection to life, health, and property. The IPMC is therefore modified, amended, added to, and changed as set forth below:

A. All references to “International” codes shall be replaced with “California” codes.

B. Section 101.1 is replaced in its entirety with the following:

Section 101.1 Title. Once amended and adopted by the City of San Buenaventura, the 2024 International Property Maintenance Code may also be referred to as the San Buenaventura Property Maintenance Code.

C. Section 102.3 is replaced in its entirety with the following:

Section 102.3 Application of other codes. Nothing in this code shall be construed to cancel, modify, or set aside any provisions of the California Code of Regulations, Title 24 as amended and adopted by the City of San Buenaventura or Title 25 inclusive of the State Housing Law.

D. Section 103.1 is amended to reflect the following:

Section 103.1 General. The Code Enforcement Division is hereby created and the executive official in charge thereof shall be known as the code official.

E. Section 104.1 is amended to reflect the following:

Section 104.1 Fees. The fees and penalties charged as a requirement of this code shall be limited to those specifically listed in the City’s most current "User Fee" resolution.

F. Section 105.3 is amended to reflect the following:

Section 105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have the recourse to the remedies provided by law to secure entry. Hours of inspection of the interior of homes shall be in accordance with the State Health and Safety Code, Sections 17970-17972.

G. Section 105.6 is amended to reflect the following:

Section 105.6 Department records. The code official shall keep official records as required by Sections 105.6.1 through 105.6.5. Such official records shall be retained in accordance with the City of San Buenaventura Records Retention Policy.

H. Section 105.7 is amended to reflect the following:

Section 105.7 Liability. The code official, member of the Appeals Board or employee charged with the enforcement of the code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.

I. Section 106.1 is amended to reflect the following:

Section 106.1 Appeals board. The City Council will serve as the Appeals Board (also identified as ’Board' or 'Board of Appeals') to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of the building requirements of the city. For purposes of this chapter, Board shall mean City Council. The Board will serve as the appellate board or body whenever any of the codes adopted by reference provide for the same.

J. Section 106.2 is amended to reflect the following:

Section 106.2 Limitations of authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. Unless otherwise controlled by law, the protocols of the City Council will apply to this Board for conducting its business. The Board will have no authority concerning the interpretation of the administrative provisions of this Code nor will the Board be empowered to waive requirements of this Code or the technical codes.

K. Section 106.3 is amended to reflect the following:

Section 106.3 Application for appeal. An application for appeal to the Board may be filed by the applicant, or any person affected by the decision of the code official; provided, that the appeal is filed in writing on a form obtained from the code official within 20 days after the notice was served. An application for appeal shall clearly state the grounds of appeal and the action which appellant requests the Board to take. A fee established by City Council resolution will accompany an application for a hearing before the Board. Copies of any rules and regulations adopted by the Board will be delivered to the code official, who will make them freely accessible to the public.

L. Section 106.4 is amended to reflect the following:

Section 106.4 Board action.

A Hearing date. The City Manager or City Clerk shall fix the time for hearing the appeal.

B. Notice. The City Clerk shall notice the hearing before the City Council as required by Chapter 24.560.

C. Record on appeal. All materials on file with the director shall be part of the Board hearing record. In addition, any party may offer supplemental evidence during the appeal hearing.

D. De novo review. The Board is not limited to consideration of the material in the record on appeal. The Board may review any matter or evidence relating to the action on the application regardless of the specific issue appealed.

E. Action. The Board shall only modify or reverse the decision of the code official by a majority vote.

F. The decision of the Board shall be by resolution. Every decision shall be promptly filed in writing in the office of the code official within three days and shall be open to the public for inspection. A certified copy shall be furnished to the appellant, or appellant’s representative.

G. Effective date. A decision of the Board shall be final and conclusive upon the rendering of the decision. The code official shall take immediate action in accordance with the decision of the Board.

M. Section 106.5 is added to reflect the following:

Section 106.5 Administration. The code official shall take action without delay in accordance with the decision of the board.

N. Section 106.6 is added to reflect the following:

Section 106.6 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.

O. Section 109.1.1 is amended to reflect the following:

Section 109.1.1 Unpermitted structures. No person shall own, use, occupy or maintain an unpermitted structure. For purposes of this section, "unpermitted structure" shall be defined as any building or structure, or portion thereof, or any electrical, plumbing, mechanical or other installation or fixture, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, installed, converted, demolished or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official which subsequently expired and became null and void.

P. Section 109.2 is amended to reflect the following:

Section 109.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of deficient on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. Such structures shall not remain boarded up for more than ninety (90) calendar days. Exception: Structures with active building permits may remain closed and boarded for the term of those permits necessary to allow occupancy.

Q. Section 201.3 is amended to reflect the following:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the California Building Standards Code and referenced standards, such terms shall have the meanings ascribed to them as stated in those codes.

R. Section 202 the definition of the “CODE OFFICIAL” is amended to reflect the following:

CODE OFFICIAL. The Permit Services and Enforcement Manager, Fire Marshal and/or Building Official who are charged with the administration and enforcement of this code, or any duly authorized representative.

S. Section 202 the definition of “COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS” is amended to reflect the following:

COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS.The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or Board of Appeals.

T. Section 302.1 is amended to reflect the following:

Section 302.1 Sanitation. The property owner or authorized agent shall maintain the property exterior and premises in a clean, safe, and sanitary condition. Such owner or authorized agent shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The occupant may also be held jointly and severally liable for causing or contributing violations of this section.

U. Section 302.3 is amended to reflect the following:

Section 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. The owner or owner’s authorized agent of any building, lot or premises within the city shall maintain the sidewalks and/or walkways located upon such premises that are accessible to the general public and the public sidewalks between such premises and any adjacent public street or alley in a clean, safe, sanitary, and in a proper state of repair, free from hazardous conditions. Maintenance shall include the removal and proper disposal of any unsightly or unsanitary conditions such as accumulation of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items, which have been dropped or spilled upon the sidewalks.

V. Section 302.4 is amended to reflect the following:

Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 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 109.3 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.

W. Section 304.14 is amended to reflect the following:

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 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

X. Section 304.15 is amended to reflect the following:

Section 304.15 Doors. Exterior doors, door assemblies including weather stripping, thresholds and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

Y. Section 309.1 is amended to reflect the following:

Section 309.1 Infestation. Structures shall be kept free from insect, rodent and vermin infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. The code official, may require the owner or agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report, a recommendation for proper extermination of the infestation. After the extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures.

Z. Section 311.1 through 311.3 are deleted in their entirety.

AA. Section 401.4 is added to read as follows:

Section 401.4 Federal and State laws. Whenever the requirements of this Chapter conflict with Federal, State or Local regulations, those Federal, State or Local regulations shall take precedence.

BB. Section 501.3 is added to read as follows:

Section 501.3 Federal and State laws. Whenever the requirements of this Chapter conflict with Federal, State or Local regulations, those Federal, State or Local regulations shall take precedence.

CC. Section 601.3 is added to reflect the following:

Section 601.3 Federal and State Laws. Whenever the requirements of this Chapter conflict with Federal, State or Local regulations, those Federal, State or Local regulations shall take precedence.

DD. Section 602.2 is amended to reflect the following:

Section 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per Section 602.5. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

EE. Section 602.3 is amended to reflect the following:

Section 602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.

FF. Section 704.3 is amended to reflect the following:

Section 704.3 Systems out of service. Where a required fire protection system is out of service, the fire department and the code official shall be notified immediately and, where required by the code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with the California Fire Code to bring the systems back in service.

GG. Section 704.4.2 is amended to reflect the following:

Section 704.4.2 Removal of existing occupant-use hose lines. The code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply

1. The installation is not required by the International Fire Code or the California Building Code.

2. The hose line would not be utilized by trained personnel or the fire department.

3. The remaining outlets are compatible with local fire department fittings.

HH. Section 704.5 is amended to reflect the following:

Section 704.5 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the code official.

II. Chapter 8 is replaced in its entirety with the following:

Referenced Standards for the application of this code are those codes and standards listed in the California Code of Regulations, Title 24 and Title 25 and the State Health and Safety Code.

JJ. Appendix A - Boarding Standards is added as follows:

The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance.

KK. Appendix A, Section A101.2 is added as follows:

Section A101.2 Maximum term. The maximum term that a building or structure can be boarded for security is 6 months in any 5-year period unless again damaged by no act of the owner. After 6 months of boarding the structure must have all building permits required for repair issued and be under construction/repair. If, after 6 months of board-up, no building permits are required for repairs, the structure shall be in a state and condition that would allow immediate occupancy under the current approved use(s) and there shall be no observable nuisances on site.

LL. Section A104 is deleted in its entirety.

MM. Appendix B – Board of Appeals is deleted in its entirety. (Ord. No. 2019-018, § 1, 10-7-19; Ord. No. 2022-020, § 1, 11-28-22; Ord. No. 2025-015, § 2, 11-18-25)