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HomeMy WebLinkAboutOrdinance - 2576 - Amend Titles 1, 2, 16, & 17 ORDINANCE NO. 2576 AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE TITLE 1 (GENERAL PROVISIONS), CHAPTER 1.15 (ABATEMENT OF PROPERTIES, BUILDINGS AND CONDITIONS) BY AMENDING SECTION 1.15.150 (PUBLIC NUISANCES SPECIFIED); AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 2.57 (ADMINISTRATIVE HEARINGS BOARD), BY AMENDING SECTION 2.57.060 (JURISDICTION); AMENDING TITLE 16 (BUILDINGS AND CONSTRUCTION), CHAPTER 16.01 (BUILDING OFFICIAL PERMITS), BY AMENDING SECTION 16.01.020 (BOARD OF APPEALS); AMENDING TITLE 16 (BUILDINGS AND CONSTRUCTION) CHAPTER 16.09 (HOUSING CODE) BY AMENDING SECTION16.09.010 (UNIFORM HOUSING CODE ADOPTED); AND AMENDING TITLE 17 (SUBDIVISIONS), CHAPTER 17.34 (RESIDENTIAL CONDOMINIUM CONVERSIONS), BY AMENDING SECTION 17.34.050 (STANDARDS FOR CONDOMINIUM CONVERSION PROJECTS), ALL RELATING TO THE MAINTENANCE AND INSPECTION OF REAL PROPERTY AND THE ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 1 (General Provisions), Chapter 1.15 (Abatement of Properties, Buildings and Conditions), Section 1.15.150 (Public Nuisances Specified), is amended to read as follows: 1.15.150 Public nuisances specified. It is declared a public nuisance for any person owning, leasing, subleasing, occupying, or having charge or possession of any property in this city to maintain such property in such a manner that any one or more of the following conditions or activities are found to exist. A. The keeping, storage, depositing, or accumulation on the property of any personal property that is within the view of persons on adjacent or nearby real property or the public right-of-way when such personal property constitutes visual blight, reduces the aesthetic appearance of the neighborhood, is offensive to the senses, or is detrimental to nearby property or property values. For purposes of this section, "personal property" includes, but is not limited to, junk as defined in Section 1.15.020 of this chapter; abandoned, wrecked or dismantled automobiles; abandoned, wrecked, dismantled, or not seaworthy boats or vessels; automotive parts and equipment; appliances; furniture; containers; packing materials; scrap metal; wood; building materials; rubbish and debris. Wood and building materials being used or to be used for a project of repair or renovation for which an active building permit is in existence may be stored for such period of time as is necessary to expeditiously complete the project. Upon finalization, expiration or cancellation of the permit, the wood and building materials of any nature for the project must be immediately removed. B. The keeping, storage, depositing or accumulation on the property of any dead grass, weeds, brush, combustible materials, or rubbish of any kind in such a manner as to constitute a fire hazard, or any manure, dead animals, decayed vegetables, offal, or other similar matter that is in the view of persons on adjacent or nearby real property or the public right-of-way when such items constitutes visual blight, a danger to the health, safety or welfare of the public, reduces the aesthetic appearance of the neighborhood, or is offensive to the senses or is detrimental to nearby property or property values. C. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials that constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values. D. The operation of a junk yard or automobile dismantling yard, except in an industrial zone pursuant to a use permit. E. Any dangerous, unsightly or blighted condition that is detrimental to the health, safety or welfare of the public. F. Any condition in violation of Title 7(Animals)of the Redding Municipal Code. G. Any condition in violation of Title 9 (Health and Safety) of the Redding Municipal Code or in violation of the California Fire Code. H. Any condition in violation of Title 16 (Building and Construction) of the Redding Municipal Code. I. Faulty Materials of Construction. Faulty materials of construction shall include all materials of construction except those that are specifically allowed or approved by Redding Municipal Code, the California Building Code, and any other code adopted by the city, and that have been adequately maintained in good and safe condition. J. Hazardous or Unsanitary Properties. Hazardous or unsanitary properties shall include those properties on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions that, in the opinion of city officials or the health officer, constitute fire, health or safety hazards. K. Unsafe Building. Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance or any other reason, in accordance with the Redding Municipal Code, the California Building Code, the California Fire Code or any other code adopted by the city. L. Inadequate Exits. 1. Inadequate exits includes all buildings or portions thereof not provided with adequate exit facilities as required by the Redding Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law, or ordinance now or hereinafter enacted, inadequate exits shall not include those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained in a good and safe condition and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. 2. When an unsafe condition exists through lack of, or improper location of exits, additional exits may be required to be installed. M. Inadequate Fire-Protection or Fire-Fighting Equipment. Inadequate fire-protection or fire- fighting equipment includes all buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by the Redding Municipal Code, the California Building Code, the California Fire Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate fire-protection or fire-fighting equipment shall not include those buildings or portions thereof that conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained in good and safe condition and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. N. Improper Occupancy. Improper occupancy includes all buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for such occupancies. O. Inadequate Structural Resistance. Inadequate structural resistance includes all buildings or portions thereof not constructed with adequate structural resistance to horizontal forces as required by the Redding Municipal Code, the California Building Code, or any other code adopted by the city. Except as provided in any federal, state, or local law or ordinance now or hereinafter enacted, inadequate structural resistance shall not include any building that conformed with all applicable laws at the time of its construction and that has been adequately maintained in a good and safe condition and is being used in a safe manner. Section 2. Title 2 (Administration and Personnel), Chapter 2.57 (Administrative Hearings Board), Section 2.57.060 (Jurisdiction), is amended to read as follows: 2.57.060 Jurisdiction. A. The administrative hearings board shall have jurisdiction to hear and decide alleged violations of the Redding Municipal Code. B. The jurisdiction of the board shall not be exclusive. Any alleged violation of any of the aforesaid codes may be pursued by appropriate remedy in court at the option of the City Attorney. Section 3. Title 16 (Buildings and Construction), Chapter 16.01 (Building Official Permits), Sections 16.01.020 (Board of Appeals) is amended to read as follows: 16.01.020 Board of Appeals. The Board of Appeals,, as created by the California Building Cod; consists of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex officio member and shall act as secretary of the Board. Board members shall be appointed by the City Council and shall hold office for four-year terms. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. It shall consider and may recommend such new ordinances as are consistent with the California Building Code and International Property Maintenance Codes. Section 4. Title 16 (Buildings and Construction), Chapter 16.09 (Housing Code), Section 16.09.010 (Uniform Housing Code Adopted) is amended to read as follows: 16.09.010 International Property Maintenance Code adopted. A. That certain document, a copy being on file and open for inspection in the office of the city clerk, marked and designated as "International Property Maintenance Code, 2015 Edition" published by the International Code Council, is adopted as the housing code of the City of Redding_and is included in and made a part of this code as though set forth at length herein. B. Section 103.5 is deleted. C. Section 107 is deleted. D. Section 108.1 is amended as follows: SECTION 108.1-UNSAFE STRUCTURES AND EQUIPMENT General. When a structure, premise or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure, premise or equipment shall be deemed immediately dangerous, dangerous, or substandard pursuant to the following provisions and the provisions of Chapter 1.15 of the Redding Municipal Code. E. Section 108.3 is amended as follows: SECTION 108.3-Notice. Whenever the code official has evaluated a structure, premise or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structures or equipment in accordance with Title 1.15 of the Redding Municipal Code. F. Section 108.4 is amended as follows: SECTION 108.4-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 stating the condition of the premise or equipment and a statement regarding the occupancy of the premise, operating the equipment or removing the placard. G. Section 108.4.1 is amended as follows: SECTION 108.4.1. The code official shall remove the placard whenever the defect or defects upon which the placarding actions were based have been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code. H. Sections 108.5 is deleted. I. Section 110.2 is deleted. J. Section 111 is deleted. K. Section 112.4 is amended as follows: SECTION 112.4-Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to citations and fines in accordance with Chapter 1.13 of the Redding Municipal Code. Section 5. Title 17 (Subdivisions), Chapter 17.34 (Residential Condominium Conversions), Sections 17.34.050 (Board of Appeals) is amended to read as follows: 17.34.050 - Standards for condominium conversion projects. To achieve the purpose of this chapter, the Planning Commission shall require that all condominium conversions conform to the Redding Municipal Code in effect at the time of approval, except as otherwise provided in this chapter, prior to the issuance of a building permit or sale of the first unit, if no building permit is required. The Planning Commission shall require conformance with the standards of this section, in addition to the standards set forth in previous sections, in approving an application for conversion. Notwithstanding, the planning commission shall have the authority to consider and allow modifications to standard development requirements subject to the qualifications, procedures, and findings identified under Section 17.04.100. A. Code Compliance. No existing building shall be approved for conversion to a condominium project unless it meets the following requirements: 1. All residential buildings shall, on the date of conversion, be in compliance with the minimum standards of the International Property Maintenance Code, as adopted by the city and those of the state. 2. All buildings shall, on the date of conversion, be in compliance with the exit and occupancy requirements for the type of construction and occupancy involved as outlined in the California Building Code and California Fire Code as adopted by the city. 3. All buildings and related property sought to be converted are, on the date of conversion, in compliance with the zoning ordinance and the goals and policies of the general plan. B. Common Ownership and Maintenance Association. Residential condominium conversion projects shall have and maintain a functional property-owners' association established in accordance with California Civil Code, Section 1350 et seq., and as specified in RMC Section 18.43.170.D. C. Unit Size. The enclosed living or habitable area of each unit shall be not less than 600 square feet, unless the planning commission determines at the time of approval that other project amenities compensate for the minimum required enclosed area. D. Sound Transmissions. Wall and floor/ceiling assemblies shall conform to Title 25, California Administrative Code, Section 1092, or its successor. Permanent mechanical equipment, including domestic appliances, which is determined by the building official to be a potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the building official to lessen the transmission of vibration and noise. Floor covering may only be replaced by another floor covering that provides the same or greater insulation. The requirements of this subsection shall not apply to a residential unit in a building with no other residential unit. E. Utility Metering. 1. a) The consumption of water, gas, and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. Each unit shall have access to its own meter(s) and heater(s), which shall not require entry through another unit. b) In the case of water service, the city engineer may grant at his/hers discretion an exception allowing use of master metering when it is demonstrated by the developer that providing individual meters and service connections is infeasible based on existing utility line and/or metering arrangements and significant modification constraints. When master metering is approved, arrangements for the property-owners' association to assume responsibility for payment of utility cost shall be met in accordance with RMC Section 18.43.170.D. 2. Each unit shall have its own electrical panel, or access thereto, for all electrical circuits which serve the unit. F. Household Appliances. All household appliances, including, but not limited to, refrigerators, stoves, ovens, dishwashers, air conditioners, garbage disposals, hot-water tanks, and clothes washers and dryers, shall be warranted by the subdivider for twelve months from the date of sale of each unit. Such warranties shall be secured by adequate bond, reserve fund, or insurance to the city attorney's satisfaction prior to the recordation of the final. G. Underground Utilities. The applicant shall waive the right, through deed restrictions, to protest the formation of an underground utility district. H. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, irrigation systems, and additional elements as required by the planning division shall be refurbished and restored as necessary to achieve high-quality appearance and safety. I. Physical Elements. All physical elements identified in the Physical Elements Report required in Section 17.34.020.0 shall be warranted by the subdivider for twenty-four months from the date of the close of escrow on the sale of the first condominium unit. Such warranty shall be secured by adequate bond, reserve fund, or other instrument to the city attorney's satisfaction prior to the recordation of the final map. Section 6. Severability. If any section, subsection, sentence, clause or phrase of these ordinances is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinances. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 7. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 8. This ordinance shall take effect thirty (30) days after the date of their adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 3rd day of October, 2017, and was duly read and adopted at a regular meeting on the 17th day of October, 2017, by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Mayor �— ATTEST: FORM APPROVED: ARR�2, / PAMELA MIZ , City Cle , Y E. De LT, City Attorney