Chapter 15.45 FREMONT PROPERTY MAINTENANCE CODE

This chapter shall be known and may be cited as the “Fremont property maintenance code” or “FPMC” and will be referred to in this chapter as “this code.” (Ord. 11-2022 § 10, 11-1-22.)

15.45.020 Adoption of the 2021 International Property Maintenance with amendments.

The 2021 Edition of the International Property Maintenance Code as published by the International Code Council is adopted as the property maintenance code of the city of Fremont, California, as if fully set out in this chapter, and is amended as provided in this chapter. A copy of the 2021 FPMC shall be maintained on file in the office of the city clerk. (Ord. 11-2022 § 10, 11-1-22.)

15.45.030 2021 International Property Maintenance Code appendix chapter adopted.

The following appendix chapters of the 2021 International Property Maintenance Code are adopted by the city of Fremont:

(a) Appendix A (Boarding Standard). (Ord. 11-2022 § 10, 11-1-22.)

15.45.040 Amendments of the 2021 International Property Maintenance Code.

The text of the 2021 International Property Maintenance Code, as adopted and amended by Section 15.45.020, is further amended to conform to the current California Building Standards Code and as recommended by the building official as follows:

	Delete the following references		Insert the following code references
•	International Building Code	•	Current California Building Code and current California Residential Code
•	International Mechanical Code	•	Current California Mechanical Code
•	National Electrical Code	•	Current California Electrical Code
•	International Fire Code	•	Current California Fire Code
•	International Plumbing Code	•	Current California Plumbing Code
•	International Existing Building Code	•	Current California Existing Building Code
•	International Zoning Code	•	City of Fremont- Zoning Ordinance
•	International Fuel Gas Code	•	Current California Plumbing Code
•	Name of jurisdiction	•	City of Fremont
•	Jurisdiction to insert appropriate schedule	•	Current fees that are established by resolution of the city council.
•	Board of appeals	•	Hearing officer appointed by the city manager or designee
•	Code Official or Health Official	•	Building official

(Ord. 11-2022 § 10, 11-1-22.)

15.45.050 Amendment of 2021 IPMC Section 102 (Applicability).

Section 102 of the 2021 IPMC is amended as follows:

102.1-102.7 {IPMC text not modified}

102.8.1 Conflicts. Where conflicts occur between provision of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur between the provisions of this code and California Statutes, the provisions of the latter shall apply.

102.8.2-102.11 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.060 Amendment of 2021 IPMC Section 103 (Code Compliance Agency).

Section 103 Code Compliance Agency of the 2021 IPMC is amended as follows:

103.1 Creation of agency. The Code Enforcement Division shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official in charge of the Fremont Building & Safety Division shall be known as the code official in this chapter.

103.2 {IPMC text not modified}

103.3 Deputies. The code official shall have the authority to appoint 1 or more deputies. Such employees shall have the powers as delegated by the code official.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.070 Amendment of 2021 IPMC Section 105 (Duties and Powers of the Code Official).

Section 105 of the 2021 IPMC is amended as follows:

105.1-105.2 {IPMC text not modified}

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 the 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 a 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 recourse to the remedies provided by law to secure entry.

105.4 – 105.7.1 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.080 Amendment of 2021 IPMC Section 107 (Means of Appeal).

Section 107 of the 2021 IPMC is amended as follows:

107.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code may appeal that decision, notice or order by filing an appeal with the city clerk within 7 calendar days of the date of service of that decision, notice, or order. The 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 the requirements of this code are adequately satisfied by other means. The appeal shall identify the real property, state the grounds for the appeal, and state all material facts in support of the appeal.

107.2 Notice of hearing. Notice of hearing and the hearing shall be conducted as provided for in Chapter 8.60, Sections 8.60.130 through 8.60.150.

107.3 Court review. Judicial review of the hearing officer’s decision shall be commenced in accordance with Cal. Code of Civil Procedure § 1094.6 no later than 90 calendar days after the decision is signed. Cal. Code of Civil Procedure § 1094.6 is hereby adopted for purposes of this Title. Review shall be in accordance with Cal. Code of Civil Procedure § 1094.5.

107.4 deleted

(Ord. 11-2022 § 10, 11-1-22.)

15.45.085 Amendment of 2021 IPMC Section 108 (Board of Appeals).

Section 108 of the 2021 IPMC is amended as follows:

108.1 deleted.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.090 Amendment of 2021 IPMC Section 109 (Violations).

Section 109 of the 2021 IPMC is amended as follows:

109.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premises, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or this division.

109.2 Notice of violation. The code official shall serve a notice of violation in accordance with Section 111.4.

109.3 Prosecution of violation. Any person failing to comply with a notice of violation served in accordance with Section 111.4 shall be deemed guilty of a misdemeanor, but may be charged with an infraction at the discretion of the city attorney, or civil infraction enforceable under Chapter 1.20 as determined by the city 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 administrative, civil, or criminal proceeding to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of this code or of the order or direction made pursuant thereto.

109.4 Violation Penalties. Each day during any portion of which any violation of this ordinance is committed or continued by such person shall constitute a separate offense and shall be punishable as provided in this code and Title 15.

109.5 Abatement of violation. The city may abate a violation of this code pursuant to the abatement process set forth in Chapter 8.60.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.100 Amendment of 2021 IPMC Section 110 (Stop Work Order).

Section 110 of the 2021 IPMC is amended as follows:

110.1 – 110.3 {IPMC text not modified}

110.4 Failure to comply. Any person who continues 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 liable for civil penalties pursuant to Fremont Municipal Code Chapter 1.20.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.110 Amendment of 2021 IPMC Section 111 (Unsafe Structures and Equipment).

Section 111 of the 2021 IPMC is amended as follows:

111.1 Unsafe Conditions. When a structure 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 shall be condemned and shall be posted and vacated in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

Sections 111.1.1 – 111.1.3 {IPMC text not modified}

111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to Title 15; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Section 111.1.5 {IPMC text not modified}

Section 111.2 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 condemnation on the premises and order the structure boarded according to Appendix A or fenced, so as not to be an attractive nuisance and/or to prevent entry. Upon failure of the owner or owner’s authorized agent to board the premises within the time specified in the order, the code official shall cause the premises to be boarded and secured through any available public agency or by contract or arrangement by private persons and the cost for such boarding shall be a debt owed by the owner, shall be charged against the real property upon which the structure is located, shall be a lien upon such real property and shall be collected by any legal means.

111.2.1 – 111.3 {IPMC text not modified}

111.4 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, the code official shall obtain a preliminary or survey title report as to the building, structure, or premises, which shall identify all owners of record, holders of mortgages, deeds of trust or other liens and encumbrances of record. In accordance with Section 111.4 of this code, the code official shall serve the persons listed in the preliminary or survey title report with notice described in Section 111.4.1 and 114.4.2 of this code. In addition, the notice shall be posted in a conspicuous place on or about the structure or premises affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment.

111.4.1 Form. Such notice prescribed in Section 111.4.1 shall be in accordance with all of the following:

1. Be in writing, bearing title letters at least 1-inch high reading “NOTICE AND ORDER TO ABATE NUISANCE”;

2. Include a description of the real property sufficient for identification.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure, or premises into compliance with the provisions of this code.

5. Inform the owner or owner’s authorized agent of the right to appeal and failure to appeal shall constitute a waiver of their right to an administrative hearing to contest the violation, nuisance determination, the civil penalty, or the abatement cost.

6. Include a statement of the city’s right to file a lien against the real property in accordance with FMC Chapter 8.60.

111.4.2 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

1. Delivered personally.

2. Sent by certified or first-class mail addressed to the property owner as listed on the last equalized assessment roll of the county recorder or owner as determined by the code official.

3. If the mailed notice is returned showing that the letter was not delivered, a copy of the notice shall be posted in a conspicuous place on, in or about the structure or premises affected by such notice.

Proof of service of notices shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the city. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings taken under this chapter.

111.5 Unauthorized tampering. Signs, tags, placards, notices, or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with or removed without authorization from the code official.

111.5 – 111.9 {IPMC text not modified}

111.4 – 111.7 {IPMC text not modified}

111.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action was based has been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code, applicable state law and Title 15.

111.8 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who occupies a placarded premises or operates placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who lets anyone occupy a condemned premises or operate condemned equipment shall be liable for the penalties provided by this code and Title 15.

111.9 {IPMC text not modified}

111.10 Recordation of notice and order. If the dangerous, damaged, condemned or substandard building is not repaired or demolished by the owner within the prescribed time(s), and no appeal has been properly and timely filed, the code 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, if such recordation has not already been made during the course of the proceedings.

Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building described in the certificate, the code 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 the building is no longer substandard, whichever is appropriate.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.120 Amendment of 2021 IPMC Section 112 (Emergency Measures).

Section 112 of the 2021 IPMC is amended as follows:

112.1 – 112.4 {IPMC text not modified}

112.5 Costs of emergency repairs. Costs incurred in the performance of emergency work may be paid by the city. Such costs shall be a debt owed to the city by the owner. The city attorney may institute appropriate legal action against the owner of the premises or the owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs.

112.5.1 Appeal. Once the emergency work has been completed, the owner may appeal the need for the emergency repairs and/or the costs for such work, in the manner provided in Sections 8.60.120 and 8.60.190 within 7 calendar days after service according to Section 111.4 of this code of the statement of costs.

112.6 deleted.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.130 Amendment of 2021 IPMC Section 113 (Demolition).

Section 113 of the 2021 IPMC is amended as follows:

113.1 – 113.2 {IPMC text not modified}

113.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed according to the procedure for specific abatement of nuisance in Chapter 8.60.

113.4 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.140 Amendment of 2021 IPMC Section 202 (General Definitions).

The following definitions are amended or added to Section 202 of the 2021 IPMC. The remaining definitions are not modified.

GARBAGE. Garbage shall be defined pursuant to Fremont Municipal Code Section 8.45.045 (Municipal Solid Waste, defined).

INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reasons, including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, incapable of being moved under its own power or is prohibited from being operated on a public street or highway for any reason pursuant to the provisions of the California Vehicle Code.

RUBBISH. Rubbish shall be defined pursuant to Fremont Municipal Code Section 8.45.045 (Municipal Solid Waste, defined)

TEMPORARY. Temporary shall mean buildings, facilities, or structures intended for use at one location for not more than 6 months for the purpose of this code only.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.150 Amendment of 2021 IPMC Section 302 (Exterior Property Areas).

Section 302 of the 2021 IPMC is amended as follows:

302.1 Sanitation. The 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.

302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Exception: Approved retention areas and reservoirs.

302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in 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 accumulations of garbage, refuse, rubbish, litter, dirt, gum or other sticky substances or items which have been dropped or spilled upon the sidewalks.

302.4 Weeds. No owner, authorized agent, lessee or occupant or other person having charge or control of any building, lot or premises within the city shall permit weeds exceeding 6 inches in height to remain or accumulate upon such premises or upon public sidewalks or streets or alleys between such premises and the centerline of any public street or alley. All noxious weeds shall be prohibited. Weeds shall be defined per Fremont Municipal Code Section 8.25.010.

Upon failure of the owner or authorized agent having charge of a premises to cut and destroy weeds after service of a warning notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the city. Upon failure to comply with the warning notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the premises and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or authorized agent responsible for the premises.

302.5 – 302.7 {IPMC text not modified}

302.8 Motor vehicles {IPMC text not modified}

Exception: An owner, authorized agent, lessee, or occupant of the premises may repair, wash, clean, or service personal property, provided they comply with Fremont Municipal Code Title 18 (Zoning Regulations) and any other applicable requirements or laws.

302.9 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.160 Amendment of 2021 IPMC Section 303 (Swimming Pools, Spas, and Hot Tubs).

Section 303 of the 2021 IPMC is amended as follows:

303.1 {IPMC text not modified}

303.2 Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

Exception: Pool fences or barriers that do not meet the above minimum requirements can remain as long as the fence or barrier complied with the building code provisions at time of building permit and passed the final inspection from the city.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.170 Amendment of 2021 IPMC Section 304 (Exterior Structure).

Section 304 of the 2021 IPMC is amended as follows:

304.1 – 304.2 {IPMC text not modified}

304.3 deleted.

304.4 – 304.13.2 {IPMC text not modified}

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 tight 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.

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

304.15 Doors. All 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.

304.16 Under-floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh with openings not exceeding 1/4 inch in any dimension or alternate approved materials pursuant to current CBC 1202.4.1.

304.17 – 304.18.1 {IPMC text not modified}

304.18.2 Windows. Operable windows located in whole or in part within 12 feet above ground level or a walking surface below that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. Vacant/abandoned buildings shall provide internal window coverings to prevent easy view of the building interior.

304.18.3 – 304.19 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.180 Amendment of 2021 IPMC Section 309 (Pest Elimination).

Section 309 of the 2021 IPMC is amended as follows:

309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or agent having charge or control of the building, lot or premises to hire a licensed exterminator or other qualified professional to inspect the building, lot or premises 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. All structures in which insect, rodent or vermin infestations are found shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from a licensed exterminator or other qualified professional attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure, and maintaining the structure and premises in a rodent or pest-free condition. The owner does not have to remedy the condition if it is caused by an occupant who substantially fails to maintain his occupied area of the structure or premises as “clean and sanitary as the condition of the structure or premises permits”, causes or contributes to the infestation in any substantial way, or interferes with the owner’s ability to remedy or exterminate the condition.

309.3 – 309.5 deleted.

(Ord. 11-2022 § 10, 11-1-22.)

15.45.190 Amendment of 2021 IPMC Section 505 (Water System).

Section 505 of the 2021 IPMC is amended as follows:

505.1 – 505.3 {IPMC text not modified}

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless the installation complies with Chapter 5 of the current California Plumbing Code and Section 904 of the current California Mechanical Code. An approved combination temperature and pressure-relief valve discharge pipe shall be properly installed and maintained on water heaters.

505.5 – 505.5.1 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.200 Amendment of 2021 IPMC Section 602 (Heating Facilities).

Section 602 of the 2021 IPMC is amended as follows:

602.1 {IPMC text not modified}

602.2 Residential occupancies. Dwellings shall be provided with approved, permanently installed heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5. Cooking appliances, fireplaces, portable space heaters, or cord and plug-connected heating equipment shall not be used as a means to provide required heating.

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 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be 32°F.

602.4 deleted.

602.5 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.210 Amendment of 2021 IPMC Section 604 (Electrical Facilities).

Section 604 of the 2021 IPMC is amended as follows:

604.1 – 604.2 {IPMC text not modified}

604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation including the improper use of extension cords as permanent wiring, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

604.3.1 – 604.3.2.1 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)

15.45.220 Amendment of 2021 IPMC Section 702 (Means of Egress).

Section 702 of the 2021 IPMC is amended as follows:

702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public right-of-way. Means of egress shall comply with the current California Building Code.

702.2 – 702.4 {IPMC text not modified}

(Ord. 11-2022 § 10, 11-1-22.)