Yolo County Municipal Code Ch. 6 Housing Code

* Chapter 6 entitled “Tent Camps and House Courts”, consisting of Sections 6-6.01 through 6-6.24, codified from Ordinance No. 163, repealed by Ordinance No. 718, effective April 23, 1975.

(a) There is hereby adopted the 1985 Edition of the Uniform Housing Code by reference thereto. Said Code is published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California. Said Code shall be known as the Housing Code for the County.

(b) Said Uniform Housing Code is hereby adopted in its entirety, except for such portions as are deleted, modified, amended, and added by the provisions of this chapter.

(c) Three (3) copies of said Uniform Housing Code are on file in the office of the Clerk of the Board, and additional copies are available to the public through the office of the Building Official, at cost. (§ 2, Ord. 718, eff. April 23, 1975, as amended by § 1, Ord. 819, eff. February 8, 1979, § 1, Ord. 1003, eff. March 28, 1985, and § 1, Ord. 1050, eff. March 26, 1987)

The purpose of adopting said Uniform Housing Code by reference is to provide minimum requirements for the protection of the life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential dwellings in the unincorporated portions of the County. The further purpose is to designate the officers of the County charged with the responsibilities for the enforcement of said Code and to establish a local Housing Code Advisory, and Appeals Board to hear appeals and perform other duties more particularly set forth in this chapter. (§ 2, Ord. 718, eff. April 23, 1975, as amended by § 2, Ord. 819, eff. February

8, 1979)

There is hereby created the Housing Code Advisory and Appeals Board, referred to in this chapter as the “Board”. (§ 2, Ord. 718, eff. April 23, 1975)

The Board shall be composed of nine (9) members who are not employees of the County. The Building Official shall serve as the secretary to the Board. (§ 2, Ord. 718, eff. April 23, 1975)

The composition of the Board shall be one person skilled in the building trades, one person skilled in fire prevention and control, one person who is a registered architect or engineer whose professional work is connected with the building and construction trades, one person who is an active licensed real estate salesman or broker, and five (5) members of the general public, one appointed from each supervisorial district of the County.

The members of the Board shall be appointed by the Board of Supervisors. The terms of office shall be three (3) years, except for the initial appointees. The terms of office of the initial appointees shall be as follows:

(a) The person skilled in the building trades and two (2) of the public members selected by lot shall serve for one year.

(b) The real estate salesman or broker and two (2) of the public members selected by lot shall serve for two (2) years.

(c) The architect or engineer, the person skilled in fire prevention and control, and one of the public members selected by lot shall serve for three (3) years.

After the initial appointments, in the event of a vacancy in office by reason of the expiration of a term or the termination of the term of office of a member with the technical skills of a real estate broker, architect or engineer, or person skilled in fire prevention or control, such office shall be filled by the appointment of a person of like technical skills.

In the event of a vacancy in office caused by the expiration of a term or the termination of the term of office of a public member, such office shall be filled by the appointment of a member of the public from the same supervisorial district of the County.

Appointments to the Board to fill vacancies which occur prior to the expiration of the term of office shall be for the unexpired term only.

At the first meeting of the Board after March 24, 1975, lots shall be cast; two (2) lots with the number “1” which shall signify the first term of office as one year; two (2) lots with the number “2” which shall signify the first term of office as two (2) years; and one lot with the number “3” which shall signify the first term of office as being three (3) years. All subsequent terms of office shall be for three (3) years. (§ 2, Ord. 718, eff. April 23, 1975)

Each member of the Board shall receive transportation compensation at regular County rates for travel within the scope of his duties.

Each member of the Board shall receive compensation at the rate of Twenty-Five and no/100ths ($25.00) Dollars for each meeting of the Board actually attended provided, however, after July 1, 1975, no member of the Board shall receive compensation for more than two (2) meetings per calendar month actually attended. (§ 2, Ord. 718, eff. April 23, 1975)

The Board may adopt reasonable rules and regulations for conducting business and shall render all decisions and findings in writing. Appeals to the Board shall be processed in accordance with the provisions set forth in Chapters 12 and 13 of said Uniform Housing Code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them accessible to the public for a nominal charge. (§ 2, Ord. 718, eff. April 23, 1975)

The members of the Board shall elect a chairman and a vice-chairman to serve terms of one year from January 1 to December 31 of each year. The chairman shall be authorized to appoint subcommittees as necessary for the efficient administration of the duties of the board. (§ 2, Ord. 718, eff. April 23, 1975)

The duties of the Board shall be as follows:

(a) To hear appeals as provided for in this chapter;

(b) To propose new ordinances or amendments to said Uniform Housing Code to the Board of Supervisors;

(c) With the advice of the Building Official, to promulgate written rules and regulations pertaining to the enforcement and implementation of said Uniform Housing Code. Such rules and regulations shall become effective when ratified, approved, and adopted by the Board of Supervisors; and

(d) To advise the Board of Supervisors in the interpretation of the provisions of said Uniform Housing Code. (§ 2, Ord. 718, eff. April 23, 1975)

Section 301 of said Uniform Housing Code is amended to read as follows:

Sec. 301. Building Permits.

Whenever a building is substandard, no person, firm, or corporation shall commence or undertake any work upon such building, such as erection, construction, enlargement, alteration, repair, removal, improvement, conversion, or demolition, without first obtaining a separate building permit for such work from the Building Official in the manner and according to the applicable conditions prescribed in Chapter 3 of the Uniform Building Code and upon the payment of fees as set forth therein. (§ 2, Ord. 718, eff. April 23, 1975)

Section 304 is added to said Uniform Housing Code to read as follows:

Sec. 304. Voluntary Inspections.

The Building Official shall inspect buildings and structures used as places of human habitation to determine the conditions thereof upon the request of the owner of such premises, or the mortgagee or beneficiary of a deed of trust upon such premises, and shall charge for the same at the rate of Twenty and no/100ths ($20.00) Dollars per hour of time spent, or fraction thereof.

(§ 2, Ord. 718, eff. April 23, 1975)

Section 402 is added to said Uniform Housing Code to read as follows:

Sec. 402. Further Definitions.

(a) “Place of human habitation” shall mean any structure, shelter, or building used or designed for human habitation and shall include all fences and appurtenances attached thereto and all buildings on the same property that are supplemental of such habitation.

(b) “Building Official”. Wherever the term “Building Official” is used in this Code, it shall mean the Director of Public Health or his or her designee.

(c) “Apartment complex” shall mean any series of buildings, or portions thereof, designed, built, rented, leased, let, or hired out to be occupied as the homes or residences of three (3) or more families living independently of each other and doing their own cooking in such building or buildings, and shall include flats and apartments.

(d) “Board”. Wherever the term “Board” is used in this Code, it shall mean and refer to the Housing Code Advisory and Appeals Board of the County of Yolo.

(e) “City Council”. Wherever the term or expression “City Council” is used in this Code, it shall mean the Board of Supervisors of the County of Yolo.

(f) “City”. Wherever the term “City” is used in this Code, it shall be deemed to mean “County”.

(g) “City Attorney “. Wherever the term or expression “City Attorney” is used in this Code, it shall mean the County Counsel of the County of Yolo.

(h) “Enforcement Agency”. The term “enforcement agency”, as used in this Code, shall be defined to refer to the Department of Public Health of the County of Yolo. (§ 2, Ord. 718, eff. April 23, 1975, as amended by § 2, Ord. 1003, eff. March 28, 1985)

Section 1101 of said Uniform Housing Code is amended to read as follows:

Sec. 1101. Notices and Orders.

(a) Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a substandard building, he shall commence proceedings to cause the repair, rehabilitation, vacation, or demolition of the building.

(b) Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

1. The street address and a legal description sufficient for the identification of the premises upon which the building is located;

2. A statement that the Building Official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 202 of this Code;

3. A statement of the action required to be taken as determined by the Building Official.

(i) If the Building Official has determined that

the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.

(ii) If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the Building Official to be reasonable.

(iii) If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed sixty (60) days from the date of the order); that all required permits be secured therefor within sixty (60) days from the date of the order; and that the demolition be completed within such time as the Building Official shall determine is reasonable;

4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (i)will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii)may proceed to cause the work to be done and charge the costs thereof against the property or its owner; and

5. Statements advising (i)that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the Building Official to the Housing Code Advisory and Appeals Board, provided the appeal is made in writing as provided in this Code, and filed with the Building Official within thirty (30) days from the date of service of such notice and order; and (ii)that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(c) Service of Notice and Order. Service of the first notice and order shall be made upon the record owners and posted on the property.

(d) Compliance by Mortgagee or Beneficiary. If such building shall not have complied with the order of the Building Official on or before the expiration of the time set for the completion of work or demolition ordered by the Building Official, the mortgagee or beneficiary under such deed of trust may, within fifteen (15) days after the expiration of such period, comply with the requirements of the order of the enforcement agency.

(e) Noncompliance. If the order of the Building Official shall not have been complied with on or before the time specified therein, the Building Official may institute such appropriate actions or proceedings to correct or abate the condition as would be taken to correct or abate any nuisance or any violation of any other provision of this Code, or, as an alternative procedure, he may institute proceedings for the abatement of such nuisance before the Housing Code Advisory and Appeals Board.

(f) Method of Service. All of the notices required herein shall be given in the following manner: the Building Official shall post conspicuously at least one copy of the notice on the building alleged to be unfit and shall send another copy by registered or certified mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, as such person’s name and address appear on the last equalized assessment roll or as known to the Clerk of the governing board of such enforcement agency, and to any deed of trust of record, at the last known address of such mortgagee or beneficiary; and, if such address is unknown to the enforcement agency, then such fact shall be so stated in the copy mailed, and it shall be addressed to him at the county seat of the county wherein such property is situated.

(g) Proof of Service. The Building Official, upon giving the notice referred to in subsection (b)of this section, shall file proof of service thereof with the Clerk of the Board of Supervisors certifying to the time and manner in which such notice was given. He shall also file therewith any receipt card which may have been returned to him in acknowledgment of the receipt of such notice by registered mail. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.

(h) Second Notice. If the Building Official determines to proceed with the abatement of such nuisance through proceedings instituted before the Housing Code Advisory and Appeals Board, he shall give a second notice, in the same manner as set forth in this section, directing the owner of such building to appear before said Board at a stated time and place and show cause why such building should not be condemned as a nuisance and such nuisance be abated as provided in this section, and a copy of such notice shall be mailed to each mortgagee or beneficiary under any deed of trust of record in the manner prescribed in this section. Such notice shall be headed “Notice to Abate Nuisance” in letters not less than three-fourths (3/4”) inch in height and shall be substantially in the following form:

NOTICE TO ABATE NUISANCE

The owner of the building situated at _____

is hereby notified to appear before the Housing Code Advisory and Appeals Board of the County of Yolo at its meeting to be held _____, 19_, at (place of meeting), at the hour of ____ o’clock., _m., or as soon thereafter as he may be heard, and show cause, if any he has, why said building should not be condemned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or by razing or removing same in accordance with the provisions of Ordinance No. _________.

Dated __________ .

___________________________

(Name of Enforcement Agency)

BY ___________________________

(Name of Officer)

(i) Affldavit of Posting. The officer or employee of the enforcement agency giving such notice shall file an affidavit of posting and mailing in the manner required by Section 1015 of Title 25 of the California Administrative Code, but the failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken pursuant to the provisions of this section.

(j) Notice to Prospective Purchasers. The owner of any property for which a notice has been issued pursuant to this section shall deliver a copy of such notice to prospective purchasers of the property before making (or accepting) an offer to sell (or purchase) the property. (§ 2, Ord. 718, eff. April 23, 1975, as amended by § 3, Ord. 1003, eff. March 28, 1985)

Section 1306 is added to said Uniform Housing Code to read as follows:

Sec. 1306. Appeals from Board to Board of Supervisors. The decision of the Board shall be final, subject to appeal to the Board of Supervisors.

Any person entitled to notice under the provisions of this Code may appeal the decision of the Board by filing with the Clerk of the Board of Supervisors within fifteen (15) days after the date of the decision a request that the matter be set for an appeal hearing by the Board of Supervisors.

The Clerk of the Board of Supervisors shall notify the appellant of the date of the hearing and give the appellant no less than fifteen (15) days’ notice of the hearing date. The Clerk of the Board of Supervisors shall serve the notice by certified mail to the address given by the appellant in his notice of appeal.

The Clerk of the Board of Supervisors shall notify the Building Official of the filing of such request, and the Building Official shall transmit to the Board of Supervisors the records of the Board pertaining to the order being appealed. The filing of such an appeal shall automatically defer the effective date of any order until the Board of Supervisors has ruled on the appeal.

The decision of the Board shall be presumed to be correct, and the appellant shall have the burden of proof in the appeal hearing before the Board of Supervisors. In the event the Board of Supervisors sustains the order of the Board, the period for the commencement and completion of the abatement as specified in the Board resolution shall start from the date of such action by the Board of Supervisors.

The Board of Supervisors may continue its hearings on such appeals from time to time. It may hear evidence from competent persons as may be desired. It may return the matter to the Board for further information or for further hearings. The Board of Supervisors may modify as it determines proper any order of the Board. Any order so modified shall be returned to the Board, and thereafter, in that case, the Board and the Building Official shall act upon that modified order in the same manner as orders which the Board itself might issue. (§ 2, Ord. 718, eff. April 23, 1975, as amended by § 4, Ord. 1003, eff. March 28, 1985)

Section 1307 is added to said Uniform Housing Code to read as follows:

Sec. 1307. Limitations on Time for Action.

Any action or decision to attack, review, set aside, void, or annul any decision of the Board of Supervisors hereunder, or to determine the reasonableness, legality, or validity of any such act of the Board of Supervisors, shall not be maintained by any person unless such action or proceeding is commenced within sixty (60) days after the date of such decision. Thereafter all persons shall be barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, act, or determinations. (§ 2, Ord. 718, eff. April 23, 1975)

Section 204 of said Uniform Housing Code is amended to read as follows:

Sec. 204. Violations and Penalties.

Any person, firm, or corporation violating any of the provisions of said Uniform Housing Code shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1 of the Yolo County Code. (§ 4, Ord. 819, eff. February 8, 1979, as amended by § 5, Ord. 1003, eff. March 28, 1985)

Section 203 is hereby deleted from said Uniform Housing Code. (§ 3, Ord. 819, eff. February 8, 1979)