The 2018 International Property Maintenance Code (IPMC) is amended by the changes, additions, and deletions set forth in this chapter. Section numbers used below are those of the 2018 International Property Maintenance Code.
(a) IPMC Chapter 1 – Scope and Administration, Part 1 – Scope and Application is amended as follows:
(1) Section 101-General is amended to read as follows:
Section 101 General. These regulations shall be known as the Property Maintenance Code of Yolo County, California, hereinafter referred to as “this code.”
(2) Section 102.3-Application of other codes is amended to read as follows:
Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the effective California Existing Building Code, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Fire Code, California Existing Building Code and the California Reference Standards.
(b) IPMC Chapter 1 – Scope and Administration, Part 2 – Administration and Enforcement is amended as follows:
(1) Section 103.1-General is amended to read as follows:
Section 103.1 General. The Authority for the enforcement of this code shall rest with the Director of the Department of Community Services.
(2) Section 103.2-Appointment is amended to read as follows:
Section 103.2 Appointment. The code official referenced in this Code shall be a building official hired, appointed or retained in accordance with the Yolo County Code.
(3) Section 103.4-Liability is amended to read as follows:
Section 103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this 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 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. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provision of this code.
(4) Section 103.5-Fees is amended to read as follows:
Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the most current fee schedule as adopted by the Board of Supervisors.
(5) Section 106.3-Prosecution of violations is amended to read as follows:
Section 106.3 Prosecution of violations. Any person failing to comply with a notice of violation or order served in accordance with section 107-Notices and orders shall be deemed guilty of a misdemeanor in accordance with Yolo County Code Title 1, Chapter 2-Penalty Provisions Section 1-2.01. Violations a misdemeanor as determined by the code official, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(6) Section 111-Means of appeal is amended to repeal Section 111.1-Application for appeal, Section 111.2-Membership of board, Section 111.3-Notice of meeting, Section 111.4-Open hearing, Section 111.5-Postponed hearing, Section 111.6-Board decision, Section 111.7-Court review, and Section 111.8-Stays of enforcement. Section 111-Means of appeal is RESERVED and a new Section 113-Board of Appeals is added as follows:
Section 113 Board of appeals is created as follows:
Section 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals known as the Planning Commission. The Planning Commission shall be appointed by the applicable governing authority and shall hold office at its pleasure. The Planning Commission shall adopt rules of procedure for conducting its business.
Section 113.2 Limitations on 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 equally good or better form of construction is proposed. The Planning Commission shall have no authority to waive requirements of this code.
Section 113.3 Qualifications. The Planning Commission shall consist of members who are qualified by experience and training to pass on matters pertaining to property maintenance and are not employees of the jurisdiction.
Section 113.4 Right to appeal. Statements advising;
(a) That any person having any record title or legal interest in the structure or property may appeal from notice and order or any action of the code official, building official or fire code official to the Planning Commission, provided the appeal is made in writing and filed with the building official within 30 days from the date of service of such notice and order, and;
(b) That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
Section 113.4.1 Appeal hearing. Upon receipt of a request for hearing, as set forth in Section 113.4.2-Appeal, the Chief Building Official shall set a time and date for the hearing and notify the person requesting the hearing of the time, date and place.
(1) The hearing shall be held before the Planning Commission.
(2) At the time of the hearing, the Planning Commission shall receive testimony and evidence.
(3) The proceedings at the hearing shall be recorded as a part of the Planning Commission meeting;
(4) The Planning Commission or designated representative may inspect the premises involved in the hearing prior to, during or after the hearing, provided that;
(a) If required by state or federal law, the hearing officer obtains the appropriate inspection warrant pursuant to Code of Civil Procedure Section 1822.51, et seq. or obtains the consent of the owner or occupant of the premises;
(b) The parties are given an opportunity to be present during the inspection; and
(c) The Planning Commission or designated representative shall state for the record during hearing, 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.
(5) After the hearing, the Planning Commission shall render a decision, in writing, upholding or denying the determination of an appeal; the written decision shall contain a deadline for abatement. The notice of decision shall be served on the person requesting the hearing by certified mail.
Section 113.4.2 Appeal. Any person entitled to a hearing under Section 113.4.1-Appeal hearing or the building official, may appeal the decision of the Planning Commission to the Board of Supervisors.
(a) A failure to appeal shall be deemed a waiver of the right to appeal.
(b) Notice of appeal must be in writing and filed with the Clerk of the Board within 15 days after the decision is rendered by the Planning Commission.
(c) Upon receipt of the notice of appeal, a hearing will be set before the Board of Supervisors and the appellant notified in writing of the time and date for hearing. This notice shall be sent to the appellant by certified mail, to the address given in the notice of appeal and the address of record if different.
(d) The Chief Building Official or designated agent shall be notified of the appeal and shall then transmit the records on the matter to the Board of Supervisors.
(e) The Board of Supervisors may affirm, reverse or modify the decision of the Planning Commission. If the decision is affirmed or affirmed and modified, the period for abatement as set forth in the decision of the Planning Commission, shall start as of the date of the board action.
(f) Any owner or occupier of premises having objection to the decision of the Board must bring an action, in a court of competent jurisdiction, within 30 days after the action by the Board, otherwise, all objections will be deemed waived.
(g) Any appeal to the Board of Supervisors shall be accompanied by a fee in the amount, which is necessary to recover the costs of processing the appeal. Such fee shall be established by resolution of the Board of Supervisors.
Section 113.4.3 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, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the code official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The code 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 the time to appeal the notice and order.
Section 113.4.4 Summary abatement.
(a) If a declared dangerous structure or public nuisance is not completely abated by the owner of the property within the time prescribed, the Chief Building Official or authorized agent may request from the Board of Supervisors the authority and funding to cause the dangerous structure or declared public nuisance to be abated by county personnel or private contract. In furtherance of this section, the Chief Building Official or designee is expressly authorized to enter upon the premises for the purpose of abating the dangerous structure or declared public nuisance.
(b) Where required by state or federal law, a warrant shall be obtained prior to entry onto the premises for the purpose of abating the nuisance, unless written consent to enter is received from the owner or occupant of the premises or warrantless entry is otherwise permissible under state or federal law. Where a warrant is required, notice shall be given to the owner or occupant of the issuance of the warrant 24 hours prior to the entry, unless the warrant provides otherwise.
Section 113.4.5 Cost of abatement. The Chief Building Official or his designee shall keep an accounting of the costs and expenses of abating such dangerous structure or declared public nuisance, and shall render a statement of such costs to the person or persons receiving the notice and order.
(a) Such person or persons receiving the notice and order shall be liable to the County for any and all costs and expenses to the County involved in abating the dangerous structure or declared public nuisance.
(b) Costs and expenses as referred to in this section shall include but are not limited to, any and all direct costs related to personnel salaries and benefits, operational overhead, fees for experts, consultants or contractors, legal costs or expenses including attorney fees, claims against the county arising as a consequence of the dangerous structure or declared public nuisance and procedures associated with collecting moneys due hereunder.
Section 113.4.6 Assessment of Costs-Lien against property and collection on tax roll. The total cost of abating a dangerous structure or declared public nuisance shall, by order of the Board of Supervisors following notice pursuant to Government Code Section 53069.4, constitute a special assessment against the premises to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, such special assessment shall constitute a lien on the property for the amount of such assessment. The special assessment may also be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.
(a) After such recordation, a copy of the lien may be turned over to the County Auditor, who shall then enter the amount of the lien on the assessment rolls as a special assessment. Thereafter, said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
(b) After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
Section 113.4.7 Alternative enforcement. Nothing in this chapter shall be deemed to prevent the County Counsel or District Attorney from commencing with any other available civil or criminal proceedings to abate a dangerous structure or declared public nuisance under applicable provision of state law as an alternative to the proceedings set forth in this chapter.
(7) Section 202-General Definitions is amended to include the following definitions to be incorporated in alphabetical order:
PUBLIC NUISANCE. Shall mean anything which;
(a) is injurious to health or is indecent or offensive to the senses or any obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; and
(b) affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
“Public nuisance” shall include, but not be limited to the following;
(c) any attractive nuisance which may prove detrimental to children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells or shafts;
(d) whatever is dangerous to human life or is detrimental to health and safety as determined by the code official; and
(e) inadequate or unsanitary sewage or plumbing facilities.
(8) Section 302-Exterior property areas subsections 302.4-Weeds, and 304.14-Insect screens are amended as follows:
Section 302.4-Weeds Insert 18 inches.
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 approved means, such as air curtains or insect repellent fans, are employed.
(9) Section 602-Heating facilities is amended to repeal the exception listed for Section 602.2-Residential occupancies, Section 602.3-Heat supply and Section 602.4-Occupiable work spaces.
(§ 2, Ord. 1521, eff. June 18, 2020)