7-15. BUILDING REGULATIONS

CHAPTER 15. BUILDING REGULATIONS

7-15-1000 ADOPTION OF CALIFORNIA CODES:

In compliance with and pursuant to Health and Safety Code sections 17958, 19722 and 18938, the County of Tulare adopts the 2022 California Building Standards Code, found in Title 24 of the California Code of Regulations, in its entirety, unless otherwise specified in this Chapter.

The procedures and proceedings provided in the 2022 California Building Standards Code may, at the discretion of the Resource Management Agency Director or authorized representatives, or where applicable, the Fire Chief or authorized representatives, be used in place of procedures and proceedings that may be provided elsewhere in this Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

ARTICLE 1. ADMINISTRATION AND PROCEDURES

7-15-1005 SEVERABILITY:

The provisions of this Chapter are hereby declared to be severable. If any section, subsection, subdivision, sentence, clause, phrase, portion, or application of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portions of this Chapter. The Board hereby declares that it would have enacted this Chapter, each section, subsection, subdivision, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions is declared invalid.

(Added by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3564, effective 7-4-19)

7-15-1010 DEFINITIONS:

Whenever any of the following terms are used in said Chapter 15 (Building Regulations), such terms shall have the following meanings:

(a) "Building Official" shall mean the Resource Management Agency Director of the County of Tulare or authorized representative.

(b) "Certificate of Occupancy" shall be given the same meaning as defined in 2022 California Residential Code, California Code of Regulations, Title 24, Part 2.5 based on the 2018 International Residential Code, Division II Administration, Section R110. "Certificate of Occupancy" shall also mean approval of Final Inspection as performed by the Resource Management Agency.

(d) "City" shall mean the County of Tulare or the unincorporated territory of the County of Tulare, as the text may require.

(e) "Fire Chief" shall mean Fire Chief of Tulare County, Fire Warden where applicable, Fire Code Official, Fire Marshall, or authorized representatives.

(f) "Governing Body" shall mean the Board of Supervisors of the County of Tulare.

(g) "Resource Management Agency Director or authorized representative(s)" shall mean the Associate Director, Assistant Director Public Works, Assistant Director Planning Branch, Assistant Director Administration Branch, Fire Chief or their designees.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-1020 PERMIT FEES:

All fees shall be adopted by the Board of Supervisors by resolution and may be amended from time to time and the established fee schedules shall, except as otherwise provided in this Code, be collected in full in advance before the issuance of the corresponding permit.

(Amended by Ord. No. 3184, effective 6-7-97; amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3262, effective 10-2-01; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1025 SAME: DEPOSITS:

Applicants for permits may establish and maintain deposits in amounts not to exceed an amount as established by the Board of Supervisors from time to time with the Resource Management Agency or appropriate County Agency for the purpose of making payment of fees for such permits as are required by this Chapter. The establishment of any such deposit shall be made only at the discretion of the Resource Management Agency Director or authorized representative, shall include authorization for the Resource Management Agency to apply the balance of such deposits against any fee established under this Chapter, and shall provide for the payment of no interest. With the establishment of a deposit, an applicant may apply for any permit required by this Chapter by telephone, facsimile transmission (FAX), or E-Mail in accordance with procedures established by the Resource Management Agency Director or authorized representative, if the current balance of the deposit is adequate to cover the applicable fee. The balance of any deposit shall be returned to the applicant after reasonable notice and request.

This section shall be operative as of July 1, 2014.

(Amended by Ord. No. 3457, effective 7-1-14)

7-15-1030 EXCEPTIONS:

Those buildings which would otherwise be classified as "Group U" occupancy under the California Building Code and considered as agricultural buildings under Appendix C – Group U – Agricultural Buildings of the California Building Code may be exempt from the inspection fee provisions of Section 7-15-1020 (Permit Fees). In order for these structures to fall under the Agricultural Exempt status, there cannot be any utilities to the building with the exception of one lighting circuit; provided, the electrical source comes from another structure.

(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1035 VOLUNTARY APPLICATION:

Whenever the owner of a building, which is exempted from the application of this Article, voluntarily applies for a permit under said California codes, such building shall thereafter be subject to all of the provisions of said California codes of this Article and shall be subject to all fees established from time to time.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1036 C&D DEBRIS RECYCLING AND REUSE PLAN:

Applicants must comply with Tulare County Ordinance Code Sections 4-03-1500 et seq. (Chapter 4 Management of Solid Waste) prior to any permit being issued under this Chapter.

(Added by Ord. No. 3321, effective 01-24-06; amended by Ord. No. 3457, effective 4-17-14)

7-15-1040 REVIEW AND ACTION BY THE RESOURCE MANAGEMENT DIRECTOR:

The Resource Management Director or authorized representative shall determine whether the proposed construction and the real property involved comply with the following:

(a) That it is proper to issue such permit under the provisions of Section 66499.34 of the Government Code of the State of California. If said property fully complies with said Section 66499.34, the Resource Management Director or authorized representative shall so certify on the permit. If said property does not fully comply with said Section 66499.34, the Resource Management Director or authorized representative shall refer the matter to the Planning Commission (Ordinance No. 3422 dated April 5, 2011), pursuant to Section 7-03-1015 (Notice of Violation: Hearing) of this Ordinance Code and the building permit shall not be issued until the matter has been resolved in accordance with said Section 7-03-1015 (Notice of Violation: Hearing) and the other related sections in Chapter 3 – Certificate of Compliance (commencing with Section 7-03-1000) of Part VII of this Ordinance Code, and until the property fully complies with the requirements of said Section 66499.34 of the Government Code.

(b) That the proposed construction and property comply with all of the provisions of Ordinance No. 352 as amended (commonly known as the Zoning Ordinance of Tulare County), any interim zoning ordinances, and the provisions of Chapter 19 (Regulations Concerning Streets and Highways, commencing with Section 7-19-1000 et seq.) of Part VII of this Ordinance Code that apply to the property. The building permit shall not be issued until the Resource Management Director or authorized representative certifies on the permit that such construction will not be in violation of said ordinances.

(c) That the proposed construction and property complies with the provisions of Section 7-19-1548 (Required Access) of this Ordinance Code pertaining to access or that the access, if not existing, will be developed prior to occupancy to the standards established in Section 7-19-1548 (Required Access) of this Ordinance Code. A building permit shall not be issued until existence of sufficient right-of-way easement rights to allow compliance with Section 7-19-1548 (Required Access) has been demonstrated by a recorded grant deed or court judgment. Occupancy under the building permit shall not be allowed until the Resource Management Director or authorized representative certifies compliance with Section 7-19-1548 (Required Access).

(d) That the proposed construction and property comply with the requirements of any other provisions of State law or this Ordinance Code which are enforced by the Resource Management Agency and other County Departments. The building permit shall not be issued until the Resource Management Director or authorized representative certifies on the permit that such construction will not be in violation of said laws and ordinances.

(Amended by Ord. No. 3254, effective 3-20-01, formerly titled: "Review and Action by Planning and Development Director:"; amended by Ord. No. 3457, effective 4-17-14)

7-15-1045 IMPOSITION OF FEES: INTERIM SCHOOL FACILITIES:

(a) If a school district in which residential or commercial development is proposed has made the findings specified in Section 7-21-1015 (School Facilities: Findings: Notification to Board of Supervisors Chapter 21 Dedication of Land or Payment of Fees For School Facilities) of this Ordinance Code and the Board of Supervisors has concurred in such findings and determined the fees payable by a developer in accordance with Sections 7-21-1020 (Action by Board of Supervisors) and 7-21-1040 (Fees) of this Code, the Resource Management Agency Director or authorized representative shall not issue a building permit for such residential development or applicable new construction of buildings without requiring payment of the fees previously determined by the Board in accordance with the provisions of Section 7-21-1045 (Building and Use Permits: Payment of Fees) of this Ordinance Code.

(b) The applicant may appeal the requirement of fees to the Board of Supervisors in accordance with Section 7-21-1030 (Appeals) of this Ordinance Code.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)

7-15-1050 APPEALS:

(a) Any determination made pursuant to Chapter 15 (Building Regulations) of this Code by the Resource Management Agency Director or Fire Chief or their authorized representatives may be appealed in writing to the Local Appeals Board created under this section. To the extent practical, such appeal shall be subject to the procedural provisions of section 165 (Administrative Appeals) of this Code, except as otherwise provided.

(b) There is hereby created a Local Appeals Board and Housing Appeals Board (hereinafter referred to as the "Local Appeals Board") as provided in section 1.8.8.1 of the California Building Code, consisting of five (5) members appointed by the Board of Supervisors. The term of office of each shall be four (4) years or until his or her successor is appointed and qualified. Vacancies other than upon the conclusion of a term shall be filled for the remainder of the predecessor’s term. Members shall be qualified by experience and training to rule upon matters pertaining to building code interpretation, fire code interpretation, and suitability of alternate materials and types of construction, and shall not be employees of the County. It shall be the policy of the Board of Supervisors to appoint as members at least one (1) registered civil engineer, one (1) licensed architect, and one (1) contractor with at least a Class B license, but this policy shall in no way deprive the Board of Supervisors of its full discretion in the appointment of otherwise qualified persons. Each member shall receive twenty-five dollars ($25.00) for each meeting attended but not to exceed fifty dollars ($50.00) in any one (1) calendar month. The Local Appeals Board shall fix regular times and places for its meetings. Except where inconsistent with the provisions of this section or other provisions of this Code, the duties of the Local Appeals Board shall be as prescribed in section 1.8.8 of the California Building Code and elsewhere in this Code. The jurisdiction of the Local Appeals Board shall also extend to any other matters that the Board of Supervisors by ordinance or resolution makes subject to the jurisdiction of the Local Appeals Board.

(c) Appeals must be filed with the Clerk of the Board of Supervisors within thirty (30) days after the determination or decision from which appeal is being made has been rendered. Appeals must be made on forms furnished by the Clerk and available in person from the Clerk’s office and on the Clerk’s webpage. A separate appeal form must be filed for each matter being appealed. Any required attachments must be included with the appeal form. At the time of filing the appeal, the appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as that amount is established from time to time by resolution of the Board of Supervisors.

(d) Prescriptive standards as set forth in this Code do not constitute a decision of the building official or County Fire Chief appealable under this section.

(e) All applicants and appellants shall be given reasonable opportunity to be heard and present evidence. Decisions of the Local Appeals Board shall be in writing, shall advise the parties of their appeal rights under Code of Civil Procedure section 1094.6, and shall be delivered by the Clerk of the Board of Supervisors to the appellant either in person or by mailing to the address stated on the appeal or application and to the relevant County Department. Decisions of the Local Appeals Board are final for administrative purposes, but may be appealed to the California Superior Court in accordance with Code of Civil Procedure section 1094.6.

(f) The Local Appeals Board shall have no authority relative to fees, permit processing, or other matters that are not directly related to building standards, and shall have no authority to waive the requirements of this Code. Appeals of any notice of violation or notice and order to abate any violation of this Code shall be heard and decided by a County Hearing Officer pursuant to Chapter 31 of Part I of this Code.

(g) This section is hereby suspended, effective December 17, 2019. This section may be reactivated at any time by repeal of this subsection. During the suspension of this section, all references in this Ordinance Code to appeals to the Local Appeals Board shall be deemed to be references to appeals to the Board of Supervisors under Section 165 of this Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19; amended by Ord. No. 3575, effective 12-17-19)

7-15-1055 DEDICATION AND IMPROVEMENTS:

Dedications of rights-of-way and construction of public improvements on property for which a building permit has been requested shall be governed by Article 19 (Dedications and Improvements) commencing with Section 7-15-1940 of this Chapter.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1060 LEGISLATIVE AUTHORITY:

This Article shall constitute such a regulation as is referred to in Sections 17958 and 19101 of the Health and Safety Code of the State of California.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1063 COST RECOVERY:

Tulare County shall seek to recover costs for fire suppression, investigation and emergency response to the extent provided by law.

(Added by Ord. No. 3457, effective 4-17-14)

7-15-1065 VIOLATIONS AND PENALTIES: PUBLIC NUISANCE:

(a) It shall be unlawful and a public nuisance for any person to erect, construct, enlarge, alter, repair, move, remove, demolish, convert, equip, use, occupy, or maintain any building or structure, or any portion thereof, in the unincorporated territory of Tulare County, contrary to or in violation of Chapter 15 (Building Regulations) or of this Article, or to cause, permit, or suffer the same to be done.

(b) It shall also be unlawful and a public nuisance for any person to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, comfort cooling, or refrigeration equipment in the unincorporated territory of Tulare County contrary to or in violation of any of the provisions of Chapter 15 (Building Regulations), or of this Article, or to cause, permit, or suffer the same to be done.

(c) Any person violating any of the provisions of this Chapter, or any of the California Codes incorporated pursuant to any of the provisions of this Chapter 15 (Building Regulations), shall be guilty of a misdemeanor, which shall be punishable as provided in Section 125 (Violations) of this Code. Any person in violation of Chapter 15 (Building Regulations) or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3564, effective 7-4-19)

ARTICLE 2. CALIFORNIA BUILDING CODE OF REGULATIONS, PART 2, VOLUMES 1 AND 2

7-15-1066 ADOPTION OF CALIFORNIA BUILDING CODE, PART 2, AND VOLUMES 1 AND 2, INCLUDING APPENDICES C, F, G, H, I AND J:

Except as otherwise provided in this Article, Volumes 1 and 2 of the California Building Code 2022 Edition, found in Part 2 of Title 24 of the California Code of Regulations and published by the California Building Standards Commission and International Code Council, including Appendix C – Group U – Agricultural Buildings, Appendix F – Rodent Proofing, Appendix G – Flood Resistant Construction, Appendix H – Signs, Appendix I – Patio Covers, and Appendix J – Grading, are adopted and made a part of this Article as if fully set forth herein, and shall hereinafter be referred to as the "California Building Code."

(Added by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-1067 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Building Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representatives by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3457, effective 4-17-14)

7-15-1068 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspection, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Added by Ord. No. 3457, effective 4-17-14)

7-15-1069 APPEALS:

(Added by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1070 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Building Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Building Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3457, effective 4-17-14)

ARTICLE 3. CALIFORNIA FIRE CODE

7-15-1115 ADOPTION OF CALIFORNIA FIRE CODE, TITLE 24, PART 9:

Except as otherwise provided in this Article, the code and regulations known as the 2022 California Fire Code, based on the 2021 International Fire Code and found in Title 24, Part 9 of the California Code of Regulations, including Appendix D – Fire Apparatus Access Roads; Appendix F – Hazard Ranking; Appendix I – Fire Protection Systems – Non-Compliance Conditions; Appendix K – construction requirements for existing ambulatory care facilities; Appendix N – Indoor trade shows and exhibits; Appendix O – temporary haunted houses, Ghost Walks and Similar Amusement Uses; Section 503, Fire Apparatus Access Roads; Section 805, Upholstered Furniture and mattresses in new and existing buildings; and Section 5707, On-Demand Mobile Fueling Operations, are hereby adopted and made part of this Article as if fully set forth herein as the Fire Code of the County of Tulare, and shall hereinafter be referred to as the "California Fire Code."

(Amended by Ord. No. 3227, effective 06-17-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-1120 ENFORCEMENT:

The Fire Chief of the County of Tulare or authorized representatives shall enforce the California Fire Code, including Chapter 50 – Hazardous Materials and Appendix H – Hazardous Materials Management Plan (HMMP) Hazardous Materials Inventory Statement (HMIS) Instructions thereof, within the unincorporated areas of the County. Enforcement issues regarding Chapter 50 and Appendix H not within the purview of the Tulare County Health Certified Unified Program Agency (CUPA) will be enforced by the Tulare County Fire Department.

The Fire Chief of Tulare County and/or the Director of Health and Human Services Agency or authorized representatives shall enforce Chapters 23 – Motor Fuel-dispensing Facilities and Repair Garages and 57 – Flammable and Combustible Materials of the California Fire Code. Nothing in this provision shall be construed to limit or enlarge any enforcement of other authority or responsibility assigned to the Fire Chief or Director of the Health and Human Services Director or their authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1125 DEFINITIONS:

Whenever any of the following terms are used in the California Fire Code, such terms shall have the following meanings unless clearly indicated as follows, "Fire Chief" as defined in Section 7-15-1010 (Definitions).

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1130 AMENDMENTS MADE TO THE CALIFORNIA FIRE CODE:

The California Fire Code, together with the Appendices thereto, and California Fire Code Regulations, Title 24, Part 9, are hereby amended and changed as follows:

(a) Appendix A – Board of Appeals is not adopted.

(b) Section 8, Board of Appeals, entire section is not adopted.

(c) Part 2 Administrative Provisions, Section 105, Permits, Subsection 105.6.14, Explosives, is amended to read as follows:

105.6.14. Explosives. An operational permit is required for the manufacture, storage, handling, sale, or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56 Explosives and Fireworks of California Fire Code, or when a local permit or approval from the Fire Chief is required by

Title 19 Public Safety Division 1 State Fire Marshal Chapter 6 Fireworks or Chapter 10 Explosives, California Code of Regulations.

(d) Section 105.6.14 Explosives, Exception is deleted and replaced with the following:

Exception: Small arms ammunition of .75 caliber or less, cartridges for propellant-actuated power devices and cartridges for industrial guns, 20 pounds or less of smokeless powder, 5 pounds or less of black sporting powder providing such smokeless or black sporting powder is for the hand loading of small arms or small arms ammunition.

(e) Section 910 Smoke and Heat Removal, Subsection 910.2, where required. Exception 2 is not

adopted.

(f) Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces, Section 307.1 General, Subsection 307.1.1 Waste Material is amended to include read as follows:

Prohibited open burning: Open burning of waste, rubbish, trash, and processed materials is prohibited.

7-15-1135 FEES:

The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspections, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1140 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person may appeal the Fire Department’s or other County Agency’s decision to the Local Appeals Board as provided in section 7-15-1050 of this Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1145 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS:

The Board of Supervisors, upon advice from the Fire Chief, or authorized representatives, shall determine and specify by amendment to this Ordinance Code, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the California Fire Code. The Fire Chief shall post such list in a conspicuous place in the Fire Chief’s office, and distribute copies thereof to interested persons.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1150 VIOLATIONS AND PENALTIES:

(a) Any person who shall violate any of the provisions of this Code or Regulations hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeal or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of:

1. An infraction for violation of any provisions, except the provisions of Chapter 56 (regarding Explosive Materials and Fireworks) of the California Fire Code; and/or

2. A misdemeanor for violation of any provisions of Chapter 56 (regarding Explosive Materials and Fireworks) of the California Fire Code.

(b) Each offense shall be punishable as provided in Section 125 (Violations) of this Ordinance Code.

(c) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day the prohibited conditions are maintained shall constitute a separate offense.

(d) The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.

(e) The application of the above penalties shall be in addition to any other liabilities imposed by law, including but not limited to the liabilities imposed pursuant to California Health and Safety Code, sections 12700, 12702 (a), 12702 (b), 12702 (c) and 13009 et seq.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1155 REPEAL OF CONFLICTING ORDINANCES:

All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed except as otherwise provided herein.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1160 RESERVED:

(Amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 5. RELOCATION OF BUILDINGS

7-15-1210 DEFINITIONS:

Whenever any of the following terms are used in this Article, such terms shall have the following meanings:

(a) "Building Official" shall mean the Resource Management Agency Director or authorized representative.

(b) "Instrument of credit" shall mean an instrument of credit from a financial institution which is subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1215 RELOCATION PERMIT REQUIRED:

No building or structure may be relocated on or moved onto any real property in the unincorporated territory of the County until a valid relocation permit has been secured from the Building Official; provided, however, that such permit shall not be required for relocating the following types of buildings:

(a) Any building or structure less than five hundred (500) square feet to be relocated on a farm and to be used exclusively for the owner’s farming operations.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)

7-15-1220 PERMIT FEES:

The applicant for a relocation permit shall pay to the Building Official a fee as established by the Board of Supervisors from time to time for the inspection of each building located within the County that is to be relocated. If the building or buildings to be relocated are situated outside of the County at the time of the inspection, the applicant shall pay to the Building Official a fee as established by the Board of Supervisors from time to time for the inspection of one (1) building, and an additional fee as established by the Board of Supervisors from time to time for each additional building owned by the applicant which is inspected on the same day that the first building is inspected.

This section shall be operative as of July 1, 2014.

(Amended by Ord. No. 3457, effective 7-1-14)

7-15-1225 CERTIFICATION OF BUILDING OFFICIAL:

In accordance with Sections 7-07-1000 through 7-07-1005 of Chapter 15 (Building Regulations) of this Ordinance Code, when an application for a relocation permit is filed, the Building Official shall review the application for compliance with the same laws and ordinances as specified in Section 7-15-1040 (Review and Action by Resource Management Agency Director) of this Chapter, and shall take the same action in cases of apparent violations as specified in said Section 7-15-1040. The relocation permit shall not be issued until the Building Official certifies that the property on which the building is to be relocated and the relocation of the building on such property will not be in violation of said laws and ordinances.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1230 DENIAL OF RELOCATION PERMIT:

Except as otherwise provided in Section 7-15-1235 (Repair of Building: Issuance or Denial of Permit), the Building Official shall not issue a relocation permit for any building or structure which is included within one or more of the following categories:

(a) Is so constructed or is in such condition as to constitute a danger of injury or death through collapse of the building, fire, defects in electrical wiring or any other substantial hazard, to the persons who will occupy or enter said building after relocation.

(b) Is infested with rats or other vermin or the wood members of the building are infested with rot, decay or termites.

(c) Is so unsanitary or filthy that it would constitute a hazard to the health of the persons who will occupy said building after relocation or, if not intended for occupancy by human beings, would make it unsuitable for its intended use.

(d) Is so dilapidated, unsightly or in such a condition of deterioration or disrepair that placing the building at the proposed relocation site would substantially diminish the value of other property or improvements within a radius of one thousand (1,000) feet from the proposed relocation site.

(e) If the proposed use of the building is prohibited at the proposed relocation site under any zoning ordinance or other land use ordinance of the County.

(f) If the structure does not conform to all applicable provisions of Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code of the State of California, and the rules and regulations promulgated thereunder, or does not conform to all applicable provisions of the California Building Code or any other law or ordinance.

(g) Manufactured homes and mobilehomes, as defined by Sections 18007 and 18008 of the Health and Safety Code, that are more than ten years old, unless the relocation complies with Section 7-15-1666 (Inspection Prior to Relocation or Installation).

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1235 REPAIR OF BUILDING: ISSUANCE OR DENIAL OF PERMIT:

If the building or structure to be moved fails to meet any of the standards set forth in Section 7-15-1230 (Denial of Relocation Permit), but it appears possible and practical for such defect to be corrected, the Building Official shall issue the relocation permit upon conditions as hereinafter provided. If the building or structure to be moved fails to meet any of the standards set forth in Section 7-15-1230, and it does not appear possible or practical for such defects to be corrected, the Building Official shall deny the relocation permit.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1240 DEDICATIONS AND IMPROVEMENTS:

Dedications of right-of-way and construction of public improvements on property for which a relocation permit has been requested shall be governed by Article 19 (Dedications and Improvements) commencing with Section 7-15-1940.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1245 CONDITIONS OF PERMIT:

The Building Official in granting a relocation permit may impose thereon such terms and conditions as he may deem reasonable and proper, including, but not limited to, the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure, so that the relocation of the building or structure will not be materially detrimental or injurious to the public safety or welfare or to the property or improvements in the district to which it is to be moved. The terms and conditions upon which each permit is granted shall be written upon the application or appended thereto in writing.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1250 SECURITY:

The Building Official shall not issue a relocation permit subject to terms and conditions until the person requesting the permit shall deposit security with the Building Official to assure that the requesting party will comply with all of the terms and conditions of the permit. Such security shall be in favor of the County of Tulare and shall be in one of the following forms:

(a) One or more irrevocable performance bonds issued by one or more reputable corporate sureties duly and legally licensed to transact business in the State of California and bearing the name and address of said surety clearly upon the face of the bond provided.

(b) A deposit of cash with the Building Official, or in escrow with a responsible escrow agent or trust company.

(c) An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(d) An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Tulare County Board of Supervisors.

(e) A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.

Such security shall be in the amount of one hundred and ten percent (110%) of the estimated cost to the County to contract for the completion of the work required in order to comply with all of the terms and conditions should the requesting party fail to complete such work. Said estimated cost shall be determined by the Resource Management Agency Director or authorized representative.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1255 EXCEPTIONS:

No security need be posted or deposited if the Building Official finds that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover or moving a building to an adjacent property of the same owner, and the Building Official determines that security is not necessary to assure compliance with the requirements of this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1260 CONDITIONS OF SECURITY:

All security posted or deposited pursuant to this Article shall secure the performance of the following duties by the permittee:

(a) That all of the terms and conditions of the relocation permit shall be complied with to the satisfaction of the Building Official.

(b) That all of the work required to be done pursuant to the conditions of the relocation permit shall be fully performed and completed within the time limit specified in the relocation permit. If no time limit is specified in the permit, the work shall be completed within ninety (90) days after the date of the issuance of the permit. The time limit herein specified and the time limit specified in any permit issued may be extended for good and sufficient cause, either before or after said time period has expired, by a written order of the Building Official.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1265 NOTICE OF GRANTING PERMIT:

(a) If the Building Official determines that he will issue a relocation permit, he shall post a notice on the property on which the building is to be relocated. The notice shall read substantially as follows:

NOTICE OF BUILDING RELOCATION

NOTICE IS HEREBY GIVEN that the Tulare County Resource Management Agency Director has determined that a permit will be issued to relocate an existing building onto this property, which is described as follows:

[Insert description of real property]

Said permit will be issued in accordance with Article 5 (Relocation of Buildings), Sections 7-15-1210 through 7-15-1300 of the Ordinance Code of Tulare County. Unless a written appeal and appeal fee is filed in the office of the Clerk of the Board of Supervisors, on or before the ___ day of __________, 20___, the relocation permit shall become fully effective and shall not be subject to an appeal filed thereafter.

Information on the relocation permit to be issued and the building to be relocated may be obtained from the Tulare County Resource Management Agency Administrative Office.

Dated:

Tulare County Resource Management Agency Director

(b) Said notice shall be posted on the front of the property on which the building is to be relocated within the street right-of-way. If the property fronts on more than one street, one such notice shall be posted on each street. If the proposed site of the relocated building is part of a larger parcel, said notices shall be posted at or near the proposed site of the relocated building.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1270 APPEAL:

(a) Any interested person may appeal to the Local Appeals Board from the decision of the Building Official to issue, conditionally issue or deny a relocation permit. Such an appeal shall be in accordance with section 7-15-1050 in writing with the appropriate appeal fee, shall be filed with the Clerk to the Board of Supervisors, and shall state why the issuance, conditional issuance, or denial of the permit is improper under the provisions of Article 5 (Relocation of Buildings).

(b) If the Building Official decides to issue or conditionally issue a permit, the notice of appeal must be filed in the office of the Clerk of the Board of Supervisors no later than ten (10) calendar days after the notice required by Section 7-15-1265 (Notice of Granting Permit) of Article 5 (Relocation of Buildings) is posted. If no appeal is filed within said ten (10) calendar day period, the Building Official shall issue the permit on the next business day thereafter.

(c) If the Building Official decides to deny a permit, the notice of appeal with the appeal fee must be filed by the applicant in the office of the Clerk to the Board of Supervisors no later than ten (10) calendar days after formal notice of such action is served by the Building Official.

(d) Upon the filing of a written appeal and appeal fee, the Clerk to the Board of Supervisors shall cause a notice of the time of the appeal hearing to be mailed to the appellant, to the applicant if he or she is not the appellant, and to the Building Official, not less than ten (10) calendar days prior to the date set for the appeal hearing.

(e) After the appeal hearing, the Local Appeals Board may affirm, reverse or modify the decision of the Building Official, or refer the matter back to the Building Official for further action. The decision of the Local Appeals Board on the appeal shall be final.

(f) If an appeal is taken from a denial of a permit, and the Local Appeals Board determines that the permit should be issued, the notice requirements of section 7-15-1265 (Notice of Granting Permit) of this Article shall thereafter be substantially complied with, either by the Local Appeals Board or the Building Official, prior to the issuance of the permit. If an appeal is thereafter filed within the time limits set forth in subsection (b) above, a new appeal hearing shall be held prior to issuance of the permit.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1275 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Local Appeals Board made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Clerk of the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1280 NOTICE OF DEFAULT: COMPLETION OF WORK:

Whenever the Building Official determines that a default has occurred in the performance of any term or condition of a relocation permit, he shall give written notice of such default to the applicant, and to the surety if a surety bond has been posted, and to the financial institution issuing the instrument of credit if an instrument of credit has been posted. The notice of default shall state the work to be done, the estimated cost thereof and the period of time determined by the Building Official to be reasonably necessary for the completion of such work. If a surety bond has been posted, the surety shall cause the required work to be performed within the time specified in the notice and, if said work is not performed, the Building Official shall cause the required work to be done by contract or otherwise, in his discretion, and the County Counsel shall commence the necessary legal proceedings to recover the cost of performing the work plus ten percent (10%). If the security is in the form of a cash deposit, an instrument of credit or negotiable bonds, and the permittee does not perform the required work within the time specified in the notice of default, the Building Official shall use the funds available from such security and cause the required work to be done by contract or otherwise, in his discretion. Upon completion of said work, the balance, if any, of such cash deposit, or monies made available pursuant to an instrument of credit or negotiable bonds, after deducting therefrom the cost of performing the work, plus ten percent (10%), shall be returned to the permittee or his successors or assigns.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1285 DEMOLITION OF BUILDING:

In lieu of performing the work required in a relocation permit, an applicant may demolish the building which is subject to the permit and clean up the site to the satisfaction of the Building Official and, if there has been a default by the applicant, the surety shall have the same option.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1290 RELEASE OF SECURITY:

Any surety bond or instrument of credit posted as security pursuant to this Article shall remain in effect until the Building Official gives written notice to the interested parties that all of the terms and conditions of the relocation permit have been complied with. If security in the form of cash or negotiable bonds has been deposited, the Building Official shall return such security to the depositor or to his successors or assigns when all of the terms and conditions of the relocation permit have been complied with, except any portion of said security that has been used or deducted pursuant to the provisions of this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1295 ACCESS TO PREMISES:

The Building Official, the surety and the duly authorized representatives of either, shall have access to the premises described in the relocation permit for the purpose of inspecting the progress of the work. In the event of any default in the performance of any term or condition of the relocation permit, the surety or any person employed or engaged on behalf of the surety, or the Building Official or any person employed or engaged on behalf of the Building Official or of the surety, may go upon the premises to complete the required work or to remove or demolish the building or structure. It shall be unlawful for any person to interfere with or obstruct the ingress or egress to or from any such premises of any authorized representative or agent of any surety or of the County of Tulare who is engaged in the work of completing, demolishing or removing any building or structure for which a relocation permit has been issued, after a default has occurred in the performance of the terms or conditions of such permit.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1300 VIOLATIONS:

Any person violating, or causing or permitting to be violated, any of the provisions of this Article shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provisions of this Article is committed, continued or permitted.

(Amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 7. EXCAVATION AND GRADING

7-15-1350 PURPOSE:

The purpose of this article is to safeguard the public, minimize hazards to property, control erosion and protect against sedimentation of watercourses and protect the safety, use and stability of public rights-of-way by establishing standards and providing regulations to control excavation, grading and earthwork construction.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1355 GRADING REGULATIONS ADOPTED:

All grading activities are to occur pursuant to the provisions of Appendix J (Grading) of the California Building Code and Article 7 (Excavation and Grading). In the event of any conflict between the provisions of this article and Appendix J (Grading) of the California Building Code, this article shall prevail.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1360 GRADING ACTIVITIES EXEMPTED:

A grading permit shall be obtained before beginning any grading, excavation, fill, or dredging activities, except for the activities listed in Appendix J, Section J103.2 (Exemptions) of the California Building Code and the following activities:

(a) Grading for agricultural purposes, land leveling and related farmland grading including, but not limited to, the construction of stock ponds and access roads developed to support crop production or grazing activities, provided the grading is not adjacent to a public right-of-way and will not increase the height of lands adjacent to the public right-of-way or other grading activity resulting in increased potential for flooding of the public right-of-way and does not obstruct a watercourse in violation of Chapter 15 (Watercourses) of Part IV (Health, Safety and Sanitation) of this Ordinance Code.

(b) An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure.

(d) An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one half (1 1/2) horizontal to one vertical. This exception shall be applicable to the re-grading of existing roads, provided the re-grading is performed in accordance with the standards contained in this paragraph.

(e) A fill which is less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical. This exception shall be applicable to the re-grading of existing roads, provided the re-grading is performed in accordance with the standards contained in this paragraph.

(f) Grading associated with a soil or water conservation project regulated by the U.S. Department of Agriculture, Soil Conservation Service or the State of California Department of Water Conservation.

(g) Grading for subdivisions approved pursuant to Chapter 1 (Subdivision of Land) of Part VII (Land Use Regulation and Planning) of this Ordinance Code or public projects conducted or approved by the Resource Management Agency Director or authorized representative.

(h) Grading for which a grading and slope stabilization plan was prepared in accordance with Section 18.7.B.2 ("F" Foothill Combining Zone, B-Use, 2-Uses Requiring Site Plan) of Ordinance No. 352 (commonly referred to as the Tulare County Zoning Ordinance) and approved by the Planning Commission pursuant to Section 16.2 (Site Plan Review) of Ordinance No. 352.

(i) Grading projects not otherwise exempt under this section, where grading will require movement of less than 1250 cubic yards of material, provided grading is to take place on slopes of less than thirty percent (30%) and does not obstruct a drainage course; or where the grading is to take place on slopes of less than five percent (5%).

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1365 REGULAR GRADING:

Where grading is not exempt under Section 7-15-1360 (Grading Activities Exempted) but will require movement of five thousand cubic yards of material or less, the grading project will be a "regular grading" project for the purpose of applying this article, Article 7 (Excavation and Grading) of this Ordinance Code and Appendix J (Grading) of the California Building Code. However, such grading will not be considered "regular grading" if the Resource Management Agency Director or authorized representative determines that the geologic and/or hydrologic characteristics of the site are such that the proposed grading project may adversely affect the public health or safety or damage property, improvements or watercourses in the vicinity of the site. If such a determination is made, the grading project shall conform to engineered grading requirements.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1370 ENGINEERED GRADING:

Where grading will require the movement of more than five thousand (5000) cubic yards of material, the grading project will be an "engineered grading" project for the purpose of applying Article 7 (Excavation and Grading) of this Ordinance Code and Appendix J (Grading) of the California Building Code.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1375 GRADING PERMITS REQUIRED:

Except where exempted by Section 7-15-1360 (Grading Activities Exempted) Article 7 (Excavation and Grading), no person shall do any grading without first obtaining a grading permit from the Resource Management Agency Director or authorized representative. Grading permit applications shall be filed in accordance with Appendix J (Grading), Section J104 (Permit Application and Submittals) of the California Building Code and as provided in Sections 7-15-1380 (Permit Application Filing Requirements Engineered Grading) and 7-15-1385 (Permit Application Requirements Regular Grading) of this Ordinance Code. A separate permit shall be required for each site, except as provided herein, and may cover both excavations and fills. Adjacent sites being graded as one integrated project shall be considered as one site for purposes of applying this Article 7 (Excavation and Grading).

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1380 PERMIT APPLICATION FILING REQUIREMENTS ENGINEERED GRADING:

In addition to the requirements set forth in Section 7-15-1385 (Permit Application Filing Requirements Regular Grading) and Appendix J (Grading), Section J104 (Permit Application and Submittals) of the California Building Code, the following information shall be provided in conjunction with the plans and specifications for regular grading:

(a) Proposed use of the site necessitating grading.

(b) The location of the source of material to be used for fill and/or location to which excavated material will be moved. If material is to be exported or imported, the location of the source or fill area shall be submitted before a grading permit will be issued.

(c) Intended means of re-vegetation, including, if applicable, the location, species, container size and quantity of plant materials proposed, and the proposed time of planting.

(d) Protective measures to be taken during and immediately following construction, such as hydro mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavating or of the sloping surfaces of fills.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1385 PERMIT APPLICATION FILING REQUIREMENTS REGULAR GRADING:

In addition to the requirements set forth in Appendix J (Grading), Section J104 (Permit Applications and Submittals), Section J106 (Excavations et seq.), Section J107 (Fills et seq.), Section J108 (Setbacks), Section J109 (Drainage and Terracing et seq.), Section J110 (Erosion Control et seq.) of the California Building Code applicable to regular grading, two (2) copies of a plot plan shall be submitted in conjunction with each application for a regular grading permit. The plot plan shall be drawn to a scale which renders all information legible and shall contain the following information:

(a) Name and address of the owner of the property.

(b) The location of the property on which the proposed work is to be done by legal description, street address, Assessor’s Parcel Number or similar description that will readily identify and locate the property.

(d) Proposed use of the site necessitating grading.

(e) The property lines and property dimensions.

(f) The location, size and shape of any structures presently on the site and proposed for construction, and their distance to property lines.

(g) Location and nature of all utilities including septic tanks, leach fields, community sewage systems and potable water sources.

(h) The location of prominent natural features including streams, creeks, drainage courses, irrigation ditches and large rock outcroppings.

(i) The location, alignment and extent of the proposed grading activities.

(j) The location of the source of material to be used for fill and/or location to which excavation material will be moved. If material is to be exported or imported, the location of the source or fill area shall be submitted before a grading permit will be issued.

(k) The intended means of re-vegetation, if applicable, and protective measures to be taken during and following construction to prevent erosion of the cut faces of excavations or the sloping surfaces of fills.

(l) A north arrow.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1390 WAIVER OF INFORMATION:

Upon written request by the grading project’s sponsor, the Resource Management Agency Director or authorized representative may waive any of the items required to be shown on or accompanied with plans and specifications or plot plan, as provided in Sections 7-15-1375 (Grading Permits Required), Section 7-15-1380 (Permit Application Filing Requirements Engineered Grading) and Section 7-15-1385 (Permit Application Filing Requirements Regular Grading) of this Ordinance Code, if the Resource Management Agency Director or authorized representative determines that the filing of the information will not serve the purposes of this ordinance.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1395 GRADING PERMIT ISSUANCE:

The provisions of Chapter 15 (Building Regulations) are applicable to grading permits. The Resource Management Agency Director or authorized representative may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1400 FEES:

Fees for plan checking and grading inspection shall be in accordance with fees as adopted by the Board of Supervisors from time to time.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1405 SECURITY:

Guarantees of performance may be required by the Resource Management Agency Director or authorized representative who may require a deposit security with the Resource Management Agency to assure that the requesting party will comply with all of the terms and conditions of the permit. Such security shall be in favor of the County of Tulare and shall be in one of the following forms:

(b) A deposit of cash with the Resource Management Agency or in escrow with a responsible escrow agent or trust company.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1406 NOTICE OF DEFAULT: COMPLETION OF WORK:

Whenever the Resource Management Agency Director or authorized representative determines that a default has occurred in the performance of any term or condition of a grading permit, a written notice shall be given of such default to the permittee, and to the surety if a surety bond has been posted, and to the financial institution issuing the instrument of credit if an instrument of credit has been posted. The notice of default shall state the work to be done, the estimated cost thereof and the period of time determined by the Resource Management Agency Director or authorized representative to be reasonably necessary for the completion of such work. If a surety bond has been posted, the surety shall cause the required work to be performed within the time specified in the notice and, if said work is not performed, the Resource Management Agency Director or authorized representative shall cause the required work to be done by contract or otherwise, as may be appropriate, and the County Counsel shall commence the necessary legal proceedings to recover the cost of performing the work plus ten percent (10%). If the security is in the form of a cash deposit, an instrument of credit or negotiable bonds, and the permittee does not perform the required work within the time specified in the notice of default, the Resource Management Agency Director or authorized representative shall use the funds available from such security and cause the required work to be done by contract or otherwise, as may be appropriate. Upon completion of said work, the balance, if any, of such cash deposit or monies made available pursuant to an instrument of credit or negotiable bonds, after deducting therefrom the cost of performing the work, plus ten percent (10%), shall be returned to the permittee or his successors or assigns.

(Added by Ord. No. 3457, effective 4-17-14)

7-15-1408 RELEASE OF SECURITY:

Any surety bond or instrument of credit posted as security pursuant to this Article shall remain in effect until the Resource Management Agency Director or authorized representative gives written notice to the interested parties that all of the terms and conditions of the grading permit have been complied with. If security in the form of cash or negotiable bonds has been deposited, said security shall be returned to the depositor or to his successors or assigns when all of the terms and conditions of the grading permit have been complied with, except any portion of said security that has been used or deducted pursuant to the provisions of this Article.

(Added by Ord. No. 3457, effective 4-17-14)

7-15-1410 GRADING INSPECTION:

All grading operations for which a permit is required are subject to inspection by the Resource Management Agency Director or authorized representative and are to be performed in accordance with Appendix J (Grading), Section J105 (Inspections et seq.) of the California Building Code.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1415 COMPLETION OF WORK:

Completion of grading operations shall be in accordance with Appendix J (Grading), Section J105 (Inspections et seq.) of the California Building Code.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1420 GRADING STANDARDS:

All excavations and fills subject to a grading permit are to be constructed in accordance with the provisions of Appendix J (Grading), Sections J106 (Excavations), Section J107 (Fills), Section J108 (Setbacks), Section J109 (Drainage and Terracing), and Section J110 (Erosion Control) of the California Building Code, and the following standards, unless otherwise recommended in the approved soils engineering and/or geology report:

(a) Area of Cuts and Fills. Cuts and fills are to be limited to minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations and adequate yard area or outdoor storage or sales area incidental to a nonresidential use.

(b) Creation of Building Sites Slope Limitation. Grading for the purpose of creating a site for a building or structure shall be prohibited on slopes of greater than 30% except where it can be demonstrated through submitted grading and construction plans and specifications that the problems inherent in developing on such slopes can be mitigated.

(c) Final Contours. Contours, elevations and shapes of finished surfaces are to be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. Borders of cut slopes and fills are to be rounded off to a minimum radius of five feet to blend with the natural terrain.

(d) Grading Near Watercourses. Grading, dredging or diking shall not alter any intermittent or perennial stream, or natural body of water shown on any USGS seven and one half (7 1/2) or fifteen (15) minute series map, except as permitted through approval of all required permits which may include, but is not limited to, a Stream or Lake Alteration Agreement from the California Department of Fish and Wildlife, an Encroachment Permit from the California Reclamation Board and a drainage plan approved by the County of Tulare pursuant to Section 18.7.D.2 ("F" Foothill Combining Zone, D – Special Filing Requirements, 2 Final Site Plan) of Ordinance No. 352 (commonly referred to as the Tulare County Zoning Ordinance).

Watercourses are to be protected as follows:

(1) Watercourses shall not be obstructed unless an alternate drainage facility is approved which provides for the free flow of water.

(2) Fill slopes shall not extend into natural watercourses or constructed channels.

(3) Grading equipment shall not cross or disturb channels containing live streams without the implementation of siltation control measures approved by the Resource Management Agency Director or authorized representative.

(4) Excavated materials shall not be deposited or stored in or alongside a watercourse where the materials can be washed away by high water or storm runoff.

(e) Re-vegetation. Where natural vegetation has been removed through grading in areas not to be occupied by structures, such areas are to be replanted as set forth in this article to prevent erosion after construction activities are completed. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.

(f) Preparation for Re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting.

(g) Methods of Re-vegetation. Acceptable methods of re-vegetation include hydro mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area. Other re-vegetation methods offering equivalent protection may be approved by the Resource Management Agency Director or authorized representative. Plant materials are to be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands.

(h) Timing of Re-vegetation Measures. Permanent re-vegetation or landscaping should begin on the construction site as soon as practical and shall begin no later than six months after achieving final grades and utility emplacements.

(i) Responsibility for Maintaining Re-vegetated Areas. The owner of the property shall be responsible for maintaining re-vegetated areas following final inspection approval.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1425 APPEALS:

Appeals of any determination as to conformance with the grading standards in this Chapter may be filed in the manner provided in section 7-15-1050 of this Code.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1430 NUISANCE AND HAZARD ABATEMENT:

Existing grading that has become hazardous to life or property is subject to Part IV, Chapter 1 (Public Nuisances et seq.) of the Ordinance Code.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1435 VIOLATIONS:

Any grading performed in violation of this Article shall be deemed an infraction, and upon conviction of the person(s) responsible thereof shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Such person(s) shall be guilty of a separate offense for each and every day during any portion of which any violation of this Article is committed, continued or permitted by such person(s), and shall be punishable therefor as herein provided.

(Amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 9. CALIFORNIA ELECTRICAL CODE

7-15-1485 ADOPTION OF CALIFORNIA ELECTRICAL CODE:

Except as otherwise provided in this Article, the code entitled 2022 California Electrical Code, based on the 2020 National Electrical Code, found in Title 24, Part 3 of the California Code of Regulations, is hereby referred to, adopted, and made a part of this Article with the same effect as if fully set forth herein, and is hereby adopted as the Electrical Code of the County of Tulare, and all of the provisions thereof shall apply to all of the unincorporated territory of the County of Tulare.

(Amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-1490 "BUILDING OFFICIAL": "CHIEF ELECTRICAL INSPECTOR": DEFINITIONS:

The terms "Building Official" and "Chief Electrical Inspector," as used in the California Electrical Code, shall mean the Resources Management Agency Director or authorized representative.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1495 RESERVED:

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1500 LEGISLATIVE AUTHORITY:

This Article shall constitute such a regulation as is referred to in Sections 17958 and 19101 of the Health and Safety Code of the State of California.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1505 SCHEDULE OF FEES:

(Amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1510 APPLICATION OF CALIFORNIA ELECTRICAL CODE:

This Article shall be applicable only to those buildings and structures which are subject to the California Building Code under this Chapter; provided, however, that if the owner of a building or structure excepted from the application of this Article voluntarily applies for a permit under said Electrical Code, said building or structure shall thereafter be subject to all of the provisions of the Electrical Code and this Article; and provided further, that an electrical permit shall be required for all circuses, carnivals, sideshows and all uses which are set forth in Section 14 of Ordinance No. 352 (commonly referred to as the Tulare County Zoning Ordinance), regardless of whether or not any buildings or structures which are subject to the California Building Code are involved.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1515 VIOLATIONS:

It shall be unlawful for any person to make any installation, alteration or repair of any electrical wiring, device, appliance or equipment in the unincorporated territory of the County of Tulare contrary to or in violation of any provision the Electrical Code of the County of Tulare as adopted from time to time in Section 7-15-1485 (Adoption of California Electrical Code) hereof, or to cause, permit or suffer the same to be done. Any person violating any of the provisions of said electrical code or of this Article shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of said electrical codes or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said electrical codes or this Article is committed, continued or permitted.

(Amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 11. CALIFORNIA PLUMBING CODE

7-15-1565 ADOPTION OF CALIFORNIA PLUMBING CODE:

Except as otherwise provided in this Article, the code entitled 2022 California Plumbing Code, based on the 2021 Uniform Plumbing Code, found in Title 24, California Code of Regulations, Part 5, together with appendices thereto, as published by the International Code Council, as adopted and modified by the State Building Standards Code by the State Building Standards Commission pursuant to Health and Safety Code section 17922, and as amended by the provisions of this Ordinance Code, is hereby referred to, adopted and made a part of this Article with the same effect as if fully set forth herein and is hereby adopted as the Plumbing Code of the County of Tulare, and all the provisions thereof shall apply to all of the unincorporated territory of the County of Tulare.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-1570 "ADMINISTRATIVE AUTHORITY": DEFINITION:

The term "Administrative Authority," as used in the Uniform Plumbing Code, shall mean the Resource Management Agency Director or authorized representative.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1575 WELLS:

The provisions of Part IV (Health, Safety, and Sanitation), Article 1 (General Provisions), Chapter 13 (Wells) commencing with Section 4-13-1000 (Legislative Authority) of this Ordinance Code shall prevail over the provisions of this Article and the California Plumbing Code with regard to the location of wells in relation to property lines, septic tanks and the other objects and land uses for which minimum distances are established by said Chapter 13 (Wells).

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3528, effective 5-24-18)

7-15-1580 RESERVED:

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1585 SCHEDULE OF FEES:

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1590 APPLICATION OF CALIFORNIA PLUMBING CODE:

This Article shall be applicable only to those buildings and structures which are subject to the California Building Code under this Chapter as it presently exists and as it may hereafter be amended; provided, however, that if the owner of a building or structure excepted from the application of this Article voluntarily applies for a permit under said Plumbing Code, said building or structure shall thereafter be subject to all of the provisions of the Plumbing Code and this Article.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-1595 LEGISLATIVE AUTHORITY:

This Article shall constitute such a regulation as is referred to in Sections 17958 and 19101 of the Health and Safety Code of the State of California.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1600 VIOLATIONS AND PENALTIES:

It shall be unlawful for any person to install, remove, alter, repair or replace any plumbing, gas or drainage piping work or any fixture or water heating or treating equipment in a building or premises, or to perform any other act, contrary to or in violation of any provision of the California Plumbing Code or this Article, or to cause, permit or suffer the same to be done. Any person violating any of the provisions of said Plumbing Code or this Article shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of said Plumbing Code or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Plumbing Code or this Article is committed, continued or permitted.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 12: BARRIERS AROUND OUTDOOR SWIMMING POOLS

7-15-1610 DETERMINATIONS: PURPOSE:

The Board of Supervisors hereby determines that privately owned, outdoor swimming pools in residential settings are potentially dangerous to members of the public and are attractive nuisances if freely accessible and unbarricaded. The purpose of this Article is to provide minimum standards to safeguard life and limb, health, property and public welfare by requiring that access to outdoor swimming pools associated with, constructed as an improvement to or located on properties containing or adjacent to buildings or structures falling within Group R Occupancies as defined in the California Building Code be restricted by barricades meeting minimum design, construction, quality of materials, location and maintenance standards as set forth herein.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1611 APPLICATION: SCOPE: EXCEPTIONS:

The provisions of this Article shall apply to swimming pools constructed or installed on properties containing or adjacent to Group R Occupancies buildings or structures as defined or designated by the California Building Code adopted from time to time under the provisions of this Chapter. The provisions of this Article shall not apply to public swimming pools as defined and regulated by the California Health and Safety Code sections 116025 through 116068.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1612 PROHIBITION:

It shall be unlawful for any person to install and construct any outdoor swimming pool as herein defined as an improvement to or located on property containing or adjacent to properties containing buildings or structures falling within Group R Occupancies as defined in the California Building Code unless such outdoor swimming pool is totally surrounded by a barrier meeting the standards set herein before the outdoor swimming pool is plastered or filled with water and the barrier is maintained at all times while the outdoor swimming pool is in place. When a barrier is required by the Chapter at the time of construction or installation of an outdoor swimming pool, it shall be unlawful for any person to maintain the swimming pool after its construction or installation without such barrier.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1613 PROHIBITION: EXCEPTIONS:

This Article and the prohibition, standards and requirements set forth herein shall not apply to the following:

(a) Indoor pools;

(b) Plastic, collapsible or otherwise portable pools and spas of which all parts are above ground level;

(c) Lakes, reservoirs, ponds, ponding basins, irrigation canals and ditches, and dairy sumps in which water may be stored, collected or transported;

(d) Swimming pools constructed or installed prior to January 1, 1997, and maintained since that date;

(e) Hot tubs or spas with locking safety covers that comply with the American Society for Testing Materials – Emergency Performance Specification (ASTM-ES 13-89).

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1614 NOT EXCLUSIVE REGULATION:

This Article is not the exclusive regulation of swimming pools or the barriers surrounding such structures within the County. It shall supplement and be in addition to other regulating statutes, ordinances and standards heretofore or hereafter enacted by the State, the County or other legal entity or agency having jurisdiction except the Swimming Pool Safety Act set out in California Health and Safety Code section 115920 et seq. This Article shall supersede the Swimming Pool Safety Act or any successor act to the extent provided in California Health and Safety Code section 115922(e).

(Added by Ord No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1615 ADMINISTRATION, INSPECTION AND ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall administer this Article, shall cause any required inspections to be performed under this Article and shall enforce the requirements of this Article.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1620 DEFINITIONS:

For this purposes of this Article, the following words, terms, and phrases shall have the following meanings unless clearly indicated otherwise by the text:

(a) "Aboveground pool", "In-ground pool" and "On-ground pool" shall have the same meanings as the term "swimming pool."

(b) "Barrier" shall mean a fence, wall, building wall or a combination thereof, which completely surrounds and obstructs or controls access to the swimming pool.

(c) "Indoor swimming pool" shall mean a swimming pool which is totally contained within a residential or other structure and surrounded on all four sides by the walls of said structure.

(d) "Outdoor swimming pool" shall mean any swimming pool which is not an indoor swimming pool.

(e) "Resource Management Agency Director" shall mean the Resource Management Agency Director of the County of Tulare or authorized representative.

(f) "Swimming pool" shall mean any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in-ground, aboveground, and on-ground swimming pools, fixed-in-place wading pools, hot tubs, portable and nonportable spas except as provided in Section 7-15-1613 (Prohibitions: Exceptions).

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1630 BARRIERS: REQUIREMENTS:

Every swimming pool otherwise subject to the prohibition of Section 7-15-1612 (Prohibition) shall be totally surrounded by a barrier in accordance with this Article. Every barrier required by this Article shall be installed, constructed, and maintained in accordance with the following standards and requirements:

(a) The barrier shall be located within One Thousand (1000) Feet of the pool edge or no further than the legal boundary of the parcel upon which the outdoor swimming pool is located, whichever distance is shorter.

(b) The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches.

(d) Openings in the barrier shall not allow passage of a 4-inch diameter sphere.

(e) Solid barriers which do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints.

(f) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 2 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width.

(g) Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 3/4 inches in width.

(h) The maximum mesh size for barriers made of chain link fence shall be 2 inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to no more than 2 inches. The wire mesh shall not be less than 13 gauge.

(i) Where the barrier is composed of diagonal members, the maximum opening formed by the diagonal members shall be no more than 2 inches.

(j) Barriers shall be constructed prior to plaster inspection.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1631 BARRIERS: EXCEPTIONS:

The walls of a dwelling may be used as a part of a barrier. To the extent that the walls of a dwelling are used as part of a barrier, the requirements of Section 7-15-1630 (Barriers: Requirements) shall not apply.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1632 BARRIERS: ACCESS GATES:

Access gates in any barrier shall comply with the requirements and standards:

(a) Access gates shall comply with the requirements set out in Section 7-15-1630 (Barriers: Requirements).

(b) Access gates shall be equipped to accommodate a locking device.

(c) Pedestrian-access gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from the ground:

(1) The release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate; and

(2) The gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1633 BARRIER: ACCESS BY LADDER OR STEPS:

Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps, then the ladder or steps shall meet one of the following requirements:

(a) The ladder or steps shall be capable of being secured, locked or removed to prevent access; or

(b) The ladder or steps shall be surrounded by a barrier which meets the requirements of section 7-15-1630 (Barriers: Requirements).

In addition, when the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

7-15-1645 VIOLATIONS:

Any person violating any provisions of this Article shall be guilty of an infraction and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of any provision of this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Article is committed, continued or allowed.

(Added by Ord. No. 3173, effective 1-16-97; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 13. SUPPLEMENTAL INSPECTION OF MOBILEHOME FACILITIES

7-15-1650 APPLICATION:

Unless otherwise provided, this Article applies only to mobilehomes as defined by Section 18008 of the Health and Safety Code which are used for human habitation and which are not located in a mobilehome park operated under a permit issued by the State of California.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1655 DEFINITIONS:

"Mobilehome" as used in this Article includes both mobilehomes and manufactured homes as those terms are defined in Section 18008 of the Health and Safety Code of the State of California.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1660 PURPOSE:

The Resource Management Agency Director or authorized representative, who is responsible for the enforcement of Article 1 (Administration and Procedures), Article 9 (California Electrical Code), and Article 11 (California Plumbing Code) of this Chapter, has determined that, in a great many cases, mobilehomes older than ten (10) years of age may not meet current health and safety standards nor meet this Chapter’s building standards. In addition, accessory buildings and structures, equipment and facilities such as supply and connection for gas, water, electricity, and disposal of sewage are seriously damaged or destroyed or may be made inadequate by the removal of a mobilehome from the property and/or the moving in of a mobilehome. This special problem with regard to relocation and location of mobilehomes makes necessary the adoption of this Article in order to protect the public health, safety and general welfare.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1665 SUPPLEMENTAL INSPECTION:

Whenever a mobilehome is removed from a parcel of property and a different mobilehome, not more than ten (10) years old, is thereafter moved onto the property, a new inspection of all buildings, structures, equipment and facilities referred to in Section 7-15-1660 (Purpose) of this Article which are located on the property shall be made before habitation of the mobilehome is commenced. Such inspection shall be made by the Resource Management Agency Director or authorized representative to determine whether such buildings, structures, equipment and facilities comply with the requirements of this Chapter. The owner of the property shall file an application for such an inspection in the form prescribed by the Resource Management Agency Director or authorized representative.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1666 INSPECTION PRIOR TO RELOCATION OR INSTALLATION:

Manufactured homes and mobilehomes, as defined in Sections 18007 and 18008 of the Health & Safety Code, that were constructed or manufactured more than ten (10) years ago must be inspected by the Resource Management Agency Director or authorized representative to determine whether such manufactured home or mobilehome complies with the requirements of this Chapter and the Health & Safety Code prior to being installed or relocated in the unincorporated area of Tulare County.

(Added by Ord. No. 3457, effective 4-17-14)

7-15-1670 FEES:

A fee as may be established by the Board of Supervisors from time to time shall be paid to the Resource Management Agency Director or authorized representative to cover the cost of the supplemental inspection of all buildings, structures, equipment and facilities on the property for which permits were previously issued pursuant to said Articles 1, 9, and 11 for the issuance of a certificate of occupancy. However, the regular procedures and fees required under Articles 1, 9, and 11 of this Chapter shall be applicable to any work to be performed in order to bring such buildings, structures, equipment and facilities into conformity with said Articles.

This section shall be operative as of July 1, 2014.

(Amended by Ord. No. 3457, effective 7-1-14)

7-15-1675 FEES: MOBILEHOME INSTALLATION PERMITS:

In accordance with Section 18613 of the Health and Safety Code of the State of California any person desiring a permit required by Section 1028 of Title 25 of the California Administration Code (The Mobilehome Parks Act) shall, at the time of filing an application therefor, pay a fee as adopted by the Tulare County Board of Supervisors from time to time.

If the inspection or reinspection exceeds one hour the applicant shall pay an additional fee to the Resource Management Agency Director or authorized representative adopted by the Tulare County Board of Supervisors from time to time. The Resource Management Agency Director or authorized representative shall withhold the Certificate of Occupancy until the additional fee, if any, is paid.

This section shall be operative as of July 1, 2014.

(Amended by Ord. No. 3457, effective 7-1-14)

7-15-1680 DEDICATIONS AND IMPROVEMENTS:

Dedications of right-of-way and construction of public improvements on property for which a certificate of occupancy has been requested pursuant to this Article shall be governed by Article 19 (Dedications and Improvements) commencing with section 7-15-1940 (Purpose) of this Chapter 15 (Building Regulations).

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1685 CERTIFICATE OF OCCUPANCY:

After inspection by the Resource Management Agency Director or authorized representative, and when it has been determined that the buildings, structures, equipment and facilities on the property comply with all of the requirements of Chapter 15 (Building Regulations) a certificate of occupancy shall be issued as provided for under this Chapter.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1690 VIOLATIONS:

It shall be unlawful for any person to commence habitation of a mobile home, which has been moved onto real property, in place of a mobile home previously removed, until the supplemental inspection has been made, and a new certificate of occupancy issued, in accordance with the provisions of this Article. Any person violating any of the provisions of this section shall be guilty of an infraction and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code.

(Amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 15. (RESERVED)

(Added by Ord. No. 3564, effective 7-4-19)

ARTICLE 17. FIRE FLOW AND FIRE PROTECTION

7-15-1810 PURPOSE:

The purpose of this Article is to require that minimum fire flow and fire protection standards be met and improvements be provided for certain buildings and structures prior to the issuance of a building permit or relocation permit. These standards and improvements are necessary to protect the health, safety and welfare of the residents of the County and to safeguard property from the damages caused by fire. This Article shall be liberally construed for the accomplishment of this purpose.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1815 NOT EXCLUSIVE REGULATION:

This Article is not the exclusive regulation of fire flow and fire protection standards, improvements and procedures within the County. It shall supplement and be in addition to other regulating statutes, ordinances and standards heretofore or hereafter enacted by the State, the County or other legal entity or agency having jurisdiction.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1820 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Article:

(a) "Applicant" shall mean any person who files an application with the Resource Management Agency Director or authorized representative to obtain a building permit or relocation permit of the type specified in Section 7-15-1825 (Scope of Article: Exceptions) of this Article.

(b) "Resource Management Agency Director" shall mean the Resource Management Agency Director or authorized representative of the County of Tulare.

(d) "Fire flow" shall mean the rate, pressure and duration of the flow of water available to suppress, contain and control fires within buildings and structures and to protect surrounding property from damages which may result from such fires.

(e) "Fire Chief" shall mean Fire Chief of Tulare County, Fire Warden where applicable, Fire Code Office, Fire Marshall, or authorized representative.

(f) "Assistant Director of Public Works" shall mean the Resource Management Agency Director or authorized representative.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1825 SCOPE OF ARTICLE: EXCEPTIONS:

This Article shall apply to all building permits issued pursuant to Chapter 15 (Building Regulations) and all relocation permits issued pursuant to Article 5 (Relocation of Buildings) commencing with section 7-15-1210 (Definitions) of this Chapter, except permits for the construction of new buildings or structures which are accessory to the main use of the property and which do not exceed five hundred (500) square feet in area.

(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1830 PERMITS: ISSUANCE:

No permit of the type specified in Section 7-15-1825 (Scope of Article: Exceptions) of this Article shall be issued by the Resource Management Agency Director or authorized representative until:

(a) The Fire Chief or authorized representative, or the Local Appeals Board after an appeal hearing, determines and certifies in writing that the proposed construction or relocation complies with the requirements of this Article.

(b) The Assistant Director of the Public Works Branch of the Resource Management Agency certifies in writing that the applicant has entered into an agreement for construction of the improvements required by this Article and deposited the required security when such an agreement and security are required under the provisions of this Article.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1835 ADOPTED STANDARDS:

The minimum fire flow and improvement standards shall conform to Appendix B of the California Fire Code.

In areas that do not have a pressurized underground water supply system, the water flow standard shall be NFPA 1142 (Water Supplies For Suburban and Rural Fire) as adopted by Article 22, Sections 7-15-2315 (Adoption of NFPA 1142 – Water Supplies For Suburban and Rural Fire Fighting) and Section 7-15-2320 (Applicability) of this Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)

7-15-1840 ALTERNATIVE STANDARDS AND IMPROVEMENTS:

If an applicant determines that it will be unduly burdensome or difficult to comply with the fire flow and improvement standards required by Section 7-15-1835 (Adopted Standards) of this Article, the applicant may apply to provide alternative safeguards, appliances, systems or materials in lieu of full compliance with said fire flow and improvement standards. Said safeguards, appliances, systems or materials may include, but shall not be limited to, automatic detection, alarm and signaling systems, automatic sprinkler, water spray or chemical fire extinguishing systems, standpipes and hose, fixed or portable fire extinguishers, fire resistive building materials, breathing apparatus, or any other fire extinguishing system, appliance or material. Prior to starting a project, an applicant may consult with the Fire Chief, Fire Marshal or authorized representative and ascertain what alternative safeguards, appliances, systems or materials would be acceptable in lieu of full compliance with said fire flow and improvement standards.

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)

7-15-1845 APPLICATION TO FIRE CHIEF OR AUTHORIZED REPRESENTATIVE: FEES: COSTS:

An applicant, who desires to provide alternative safeguards, appliances, systems or materials, as authorized by Section 7-15-1840 (Alternative Standards and Improvements) of this Article, may file a written application therefor with the Fire Chief or authorized representative. Said application shall specifically set forth the reasons for any such modification, reduction or alteration and the alternative safeguards, appliances, systems or materials which he wishes to provide. Such application shall be accompanied by a fee as may be adopted by the Board of Supervisors from time to time to defray the expenses of investigating the feasibility of said request. To assist in making the determination to allow use of such alternative safeguards, appliances, systems or materials, the Fire Chief or authorized Representative may require that the alternative fire improvement plans be submitted to an independent engineering firm for the propose of preparing and submitting directly to the Fire Chief or authorized Representative a detailed analysis of the viability of such alternative fire improvement plans. Payment of the services rendered by such firm shall be the responsibility of the applicant.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1850 INVESTIGATION AND DETERMINATION:

The Fire Department plan review staff shall review all applications for permits covered by the provisions of this Article and all applications to provide alternative safeguards, appliances, systems or materials and make such investigation as he deems necessary and appropriate. Upon the basis of the application for a permit, any application to provide alternative safeguards, appliances, systems or materials, any evidence submitted and the results of any investigation, the Fire Department plan review staff shall determine the fire flow and fire protection standards, safeguards, appliances and systems to be complied with and provided by the applicant. The Fire Department plan review staff shall give written notice to the applicant, the Assistant Director Public Works Branch and Resource Management Agency Director or authorized representative of the decision to approve, conditionally approve or disapprove the proposed alternative plans and improvements. The written notice shall specifically provide whether or not the permit shall be issued, whether any conditions shall be attached thereto, whether any of the improvements required must be inspected by the Fire Department staff during or upon completion of installation or construction and, if so, which improvements must be inspected, and whether the applicant is required to enter into an agreement, and the amount of security to be provided in accordance with Sections 7-15-1855 (Agreement) and 7-15-1860 (Security) of this Article.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1855 AGREEMENT:

Prior to the issuance of the permit, the applicant shall enter into an agreement with the County, through the Resource Management Agency Director or authorized representative, in compliance with the requirements of Article 19 (Dedications and Improvements) Section 7-15-2005 (Agreement To Construct Improvements) of this Ordinance Code which may thereafter be extended in accordance with Section 7-15-2010 (Extension of the Completing Improvements: Increase in Security: Appeal) of this Ordinance Code. However, such agreement shall only be required if improvements are to be constructed which are not included as part of the building or structure to be built or relocated on the property. Such improvements, not part of the building or structure, shall be installed and made serviceable prior to and during the construction of applicant’s building unless such improvement is otherwise modified or waived by the Fire Chief or authorized Representative. Any improvements which are to be included as part of such building or structure shall be included as conditions of the building permit and no security shall be required. The Resource Management Agency Director or authorized representative shall not issue a certificate of occupancy until said conditions have been fully met and said improvements completely operational.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1860 SECURITY:

(a) Prior to issuance of the permit, the applicant shall provide the Resource Management Agency Director or authorized representative with security in accordance with Article 19 (Dedications and Improvements) Section 7-15-2015 (Security for Improvements) of the Ordinance Code, sufficient to assure that the improvements required by the agreement entered into pursuant to Section 7-15-1855 (Agreements) of the Article are installed and made operational in a satisfactory manner.

(b) Where the security provided is in the nature of a financial guarantee, the amount shall be determined by the Fire Chief or authorized Representative. To assist in making such determination, the Fire Chief or authorized Representative may require that the fire improvement plans be submitted to an approved independent engineering firm for the purpose of estimating the cost of the improvements. Payment for the services rendered by such firm shall be the responsibility of the applicant.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1865 FIRE CHIEF OR AUTHORIZED REPRESENTATIVE INSPECTION FEES:

(a) Where an agreement and security under Sections 7-15-1855 (Agreement) and 7-15-1860 (Security) of this Article are required, the fees to cover the cost of any required Fire Department inspections shall be paid to and collected by the Resource Management Agency Director or authorized representative prior to or at the time Applicant provides the security required by Section 7-15-1860 (Security).

(b) Where the installation or construction of the improvements required under this Article are to be included as part of the conditions of the building permit, the fees to cover the cost of any required Fire Department inspections shall be paid in the same manner and collected at the same time as building permit fees.

(c) Unless otherwise provided, the fees that are paid to cover the cost of the Fire Department inspections required under this Article shall be those adopted by the Board of Supervisors by resolution and shall be in addition to the fees for Fire Department review of plans and permit applications established by Article 1 (California Code of Regulations), Section 7-15-1020 (Permit Fees) of this Ordinance Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-1870 APPEAL:

An applicant who wishes to appeal from any determination made by the Fire Marshal or the Resource Management Agency Director, except those made by the Fire Marshal under Section 7-15-1875 (Voluntary Inspections), may do so to the Local Appeals Board as provided in section 7-15-1050 of this Code.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1875 VOLUNTARY INSPECTIONS:

From time to time, the Fire Department will receive requests for inspections of real or personal property for fire safety or fire insurance purposes unconnected with any permit or entitlement to use addressed by this Article. Such requests shall be subject to the following conditions and requirements:

(a) Any person or entity voluntarily requesting a Fire Department inspection unconnected with a permit or County of Tulare land use or entitlement to use approval shall submit a written application for such inspection, which application shall be in the form and contain the information specified by the Fire Department, and shall pay the required inspection fees set out in subsection (c) below. If the person or entity making the request is not the owner of the property to be inspected, the application shall include written permission, in the form required by the Fire Department, from the owner or the owner’s authorized agent for such inspections and for entry onto the property.

(b) Each applicant for an inspection shall agree to hold the County and its officers, agents, and employees harmless from any and all causes of action, penalties, liabilities, or loss resulting from the issuance of any reports, statements or letters in regard to the requested inspection or resulting from claims or court actions arising out of any accidents, loss or damage to persons, including the County, its officers, agents and employees, or property, including the property of the County or its officers, agents and employees, occurring as a result of any activities related to and/or undertaken by the County, its officers, agents and employees to carry out the requested inspection, and said agreement shall be set forth in the application form.

(c) Unless otherwise provided, the applicant shall pay the fees established by ordinance by the Board of Supervisors by resolution relative to voluntary inspections, which may be amended from time to time.

(d) Nothing in this section shall be deemed to make it mandatory for the County or the Fire Department to perform any requested inspection. The decision to accept any application and grant a request for such an inspection shall rest solely with the Fire Department and such application may be rejected or any request may be denied without cause. There shall be no appeals to the Local Appeals Board concerning any decision, finding or activity of the Fire Department under this section.

(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1880 JUDICIAL REVIEW OF DECISION:

(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-1885 TERMINATION OF PERMIT: ANNEXATION: FAILURE TO COMPLETE WORK:

The rights, duties and procedures pertaining to the termination of any permit, the annexation of the property on which the required improvements are to be constructed, the failure to complete the work in the manner required and the release of security, shall be in accordance with Article 19 (Dedications and Improvements), Sections 7-15-2045 (Termination of Permit) through 7-15-2060 (Release of Security) of this Chapter.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1890 DUTY TO MAINTAIN IMPROVEMENTS: FAILURE TO MAINTAIN IMPROVEMENTS:

The building owner shall be responsible for maintaining and keeping in operating condition all sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers and any other fire protective or extinguishing system or appliance which is installed or required to be installed pursuant to this Article. Failure to maintain such fire protective or extinguishing system or appliance in an operating condition shall constitute an infraction.

(Amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 19. DEDICATIONS AND IMPROVEMENTS

7-15-1940 PURPOSES:

The purposes of this Article are as follows:

(a) To require dedications of right-of-way and construction of necessary improvements in connection with the issuance of building permits, and certain other permits and certificates, pursuant to the police power of the County. In accordance with Section 65909 of the Government Code of the State of California, the dedications and improvements required pursuant to this Article shall be reasonably related to the use of the property for which the permit or certificate is issued.

(b) To require construction of required improvements in connection with final maps and parcel maps when such construction was deferred at the time of approval of the final map or parcel map in accordance with Part 7 (Land Use Regulation and Planning), Article 11 (Revision of Tentative Map), Section 7-01-2075 (Deferring Construction of Improvements) or Article 15 (Parcel Maps), Section 7-01-2450 (Deferring Construction of Improvements) of this Ordinance Code.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1945 SCOPE OF ARTICLE:

This Article applies to all permits and certificates which are issued for the following purposes:

(a) Permits for construction of new buildings and structures issued pursuant to this Chapter, except those which are accessory to the main use of the property and contain less than one thousand (1,000) square feet of covered floor space, and except those buildings and structures that come within a Group U Occupancy under the California Building Code as adopted by said Article 1.

(b) Permits for all additions to existing buildings and structures except the following:

(1) Additions to single family residences.

(2) Additions to buildings and structures which are accessory to the main use on the property if the total covered floor area of the accessory building will be less than one thousand (1,000) square feet after the addition.

(c) Permits for relocation of buildings and structures issued pursuant to Article 5 (Relocation of Buildings) commencing with Section 7-15-1210 (Definitions) of this Chapter.

(d) Certificates of occupancy of mobile homes and travel trailers issued pursuant to Article 13 (Supplemental Inspection of Mobile Home Facilities) commencing with Section 7-15-1650 (Application) of this Chapter.

(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3457, effective 4-17-14)

7-15-1950 DEDICATION OF RIGHT-OF-WAY:

(a) If the property on which the proposed building or structure will be located is two and one-half (2 1/2) acres or less in area, and the permit or certificate applied for pertains only to a single-family residence or mobilehome or a building or structure accessory to such a residence or mobilehome, the applicant for the permit or certificate shall dedicate to the County the additional right-of-way required to widen any contiguous road in accordance with subsection (c) below.

(b) If the property on which the proposed building or structure will be located is ten (10) acres or less in area, and the permit or certificate applied for pertains to a building or structure which is not a single-family residence or mobilehome or a building or structure accessory to such a residence or mobilehome, the applicant for the permit or certificate shall dedicate to the County the additional right-of-way required to widen any contiguous road in accordance with subsection (c) below.

(c) Dedications under this section shall be to widen the contiguous road to the ultimate right-of-way for the road as specified for road classifications in the improvement standards which are referred to in Part 7 (Land Use Regulation and Planning), Article 13 (Final Map), Section 7-01-2025 (Same: Improvement Standards) of this Ordinance Code. If the property on which the building or structure will be located does not have any frontage on a County road, no dedication shall be required. The executed deed shall be submitted to the Resource Management Agency Director or authorized representative to the issuance of the permit or certificate.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1955 SAME: EXCEPTIONS AND MODIFICATIONS:

Regardless of the provisions of Section 7-15-1950 (Dedication of Right-of-Way) of this Article, no dedication of right-of-way shall exceed the dedication which would be required under the procedure for parcel maps as set forth in Article 15 (Parcel Maps), Section 7-01-2150 (Purpose) et seq. of this Ordinance Code. If no such dedication would be required if the property for which the permit or certificate is requested were a parcel being created under said parcel map procedure, then no dedication is required under this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1960 SAME: EXCEPTIONS FOR TEMPORARY PERMITS:

Regardless of the provisions of Section 7-15-1950 (Dedication of Right-of-Way) of this Article, no dedication of right-of-way shall be required if the building, structure, mobilehome or travel trailer can only be used or occupied for a period of one (1) year or less because of a restriction imposed by a use permit, variance or any other type of permit granted by a County officer, board or commission. However, if such use permit, variance or other permit is thereafter extended or renewed for the same building, structure, mobilehome or travel trailer so as to allow such use or occupation to continue for an additional period of time, and the total period of time under the original and the subsequent use permit, variance or other permit will exceed one (1) year, the County officer, board or commission shall require the permittee to dedicate right-of-way in full compliance with the provisions of this Article when granting the use permit, variance or other permit.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1965 SAME: WAIVER BY RESOURCE MANAGEMENT AGENCY DIRECTOR:

If the Resource Management Agency Director or authorized representative determines that the additional right-of-way to be dedicated under Section 7-15-1950 (Dedication of Right-of-Way) of this Article will not be beneficial to the County, or a city that might be the successor in interest to the County, or that the dedication will not be beneficial to the area served by the road, or that it will probably not be used for road widening even if it is dedicated, such right-of-way otherwise required to be dedicated may be waived.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1970 SAME: ENCUMBRANCES:

Deeds conveying to the County the right-of-way required under this Article shall be properly executed by the owner of the property and by all parties having an interest in the property including, but not limited to, beneficiaries and trustees of deeds of trust and persons holding mortgages and liens on the property being dedicated.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1975 IMPROVEMENTS: OTHER THAN SUBDIVISIONS:

(a) In addition to the dedications of right-of-way required under this Article, the person securing a permit or certificate shall also be required to construct certain improvements as a condition of issuance of the permit or certificate. The improvements which are to be constructed shall be curbs and gutters, road construction, and any other public improvements which will be located on the property for which the permit or certificate is issued and relate to a traffic or drainage problem arising from the property or the building, structure or mobilehome proposed to be constructed on or moved onto the property.

(b) Improvements are not required under this section on private roads, unless required for Fire and Sheriff protection.

(c) This section shall not apply to a person who is required to construct deferred final map or parcel map improvements pursuant to Section 7-15-1995 (Improvements: Deferred Subdivision and Parcel Map Improvements) of this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1980 SAME: EXCEPTIONS AND MODIFICATIONS:

Regardless of the provisions of Section 7-15-1975 (Improvements Other Than Subdivisions) of this Article, no improvements shall be required that exceed the required improvements under the procedure for parcel maps as set forth in Part 7 (Land Use Regulation and Planning), Article 15 (Parcel Maps), Section 7-01-2150 (Purpose) et seq. of this Ordinance Code. If a particular improvement would not be required if the property for which the permit or certificate is requested were a parcel being created under such parcel map procedure, then such an improvement shall not be required under this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1985 SAME: EXCEPTIONS FOR TEMPORARY PERMITS:

Regardless of the provisions of Section 7-15-1975 (Improvements Other Than Subdivisions) of this Article, no improvements shall be required if the building, structure, mobilehome or travel trailer can only be used or occupied for a period of one (1) year or less because of a restriction imposed by a use permit, variance or any other type of permit granted by a County officer, board or commission. However, if such use permit, variance or other permit is thereafter extended or renewed for the same building, structure, mobilehome or travel trailer so as to allow such use or occupation to continue for an additional period of time, and the total period of time under the original and the subsequent use permit, variance or other permit will exceed one (1) year, the County officer, board or commission shall include a condition requiring the permittee to construct all required improvements in full compliance with the provisions of this Article when granting the use permit, variance or other permit.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1990 SAME: WAIVER BY ASSISTANT DIRECTOR – PUBLIC WORKS:

(a) If the Resource Management Agency Director or authorized representative determines that the construction of any improvements that would ordinarily be required under Section 7-15-1975 (Improvements Other Than Subdivisions) of this Article will not be beneficial within the next twenty (20) years to either the County or the area served by the road or other improvement, the requirement that such improvements are to be constructed may be waived.

(b) If the improvements required under Section 7-15-1975 (Improvements Other Than Subdivisions) are in relation to a road that reasonably might be annexed to a city within the next twenty (20) years, the Resource Management Agency Director or authorized representative may waive the requirement that such improvements be constructed only if both the Resource Management Agency Director or authorized representative and the City Engineer of such city agree that the improvements will not be beneficial within the next twenty (20) years to either the County, the area served by the road, or the city. If the Resource Management Agency Director or authorized representative and the City Engineer do not agree on such waiver, the Resource Management Agency Director or authorized representative shall notify the Board of Supervisors of the disagreement and the Board, after hearing both positions, shall render the final decision at a regular public meeting.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-1995 IMPROVEMENTS: DEFERRED SUBDIVISION AND PARCEL MAP IMPROVEMENTS:

(a) When a final subdivision map has been approved, and construction of any improvements was deferred in accordance with Part 7 (Land Use Regulation and Planning), Article 13 (Final Map), Section 7-01-2075 (Deferring Construction of Improvements) of this Ordinance Code, such deferred improvements shall also be constructed in accordance with the requirements of Chapter 15 (Building Regulations). The person securing a permit or certificate shall be required to construct the deferred improvements which were required at the time of approval of the tentative subdivision map. Any agreement which has been entered into pursuant to Part 7 (Land Use Regulation and Planning), Article 9 (Tentative Map), Section 7-01-1775 (Remainder Parcel Offsite Improvements) of this Ordinance Code shall also govern construction of such deferred improvements.

(b) When a final parcel map has been approved, and construction of any improvements was deferred in accordance with Part 7 (Land Use Regulation and Planning), Article 15 (Parcel Maps), Section 7-01-2450 (Deferring Construction of Improvements) of this Ordinance Code, such deferred improvements shall also be constructed in accordance with the requirements of this Chapter. The person securing a permit or certificate shall be required to construct the deferred improvements which were required at the time of approval of the tentative parcel map. Any agreement which has been entered into pursuant to Part 7 (Land Use Regulation and Planning), Article 15 (Parcel Maps), Section 7-01-2335 (Same: Offsite Improvements) of this Ordinance Code shall also govern construction of such deferred improvements.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2000 STANDARDS FOR IMPROVEMENTS:

The improvements required to be constructed pursuant to this Article shall be constructed in conformity with the improvement standards which are referred to in Part 7 (Land Use Regulation and Planning), Article 13 (Final Map), Section 7-01-2025 (Same: Improvement Standards) of this Ordinance Code.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2005 AGREEMENT TO CONSTRUCT IMPROVEMENTS:

(a) Prior to the issuance of the permit or certificate, the applicant shall enter into an agreement with the County wherein the applicant will be required to construct the required improvements by the following dates:

(1) Prior to final inspection, or issuance of a certificate of occupancy for the work or project authorized by the permit or certificate, where the required security is provided pursuant to subsection (a) of section 7-15-2015 (Security for Improvements) of this Article.

(2) Within a period of six (6) months after the date of issuance of the permit or where the required security is provided pursuant to subsection (b) of Section 7-15-2015 (Security For Improvements) of this Article.

(b) The Board of Supervisors shall approve a form agreement pertaining to the construction of such improvements. The Resource Management Agency Director or authorized representative is authorized to execute, on behalf of the County of Tulare, such agreements in the approved form.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2010 EXTENSION OF TIME FOR COMPLETING IMPROVEMENTS: INCREASE IN SECURITY: APPEAL:

(a) Under such an agreement between the County and the applicant, the Resource Management Agency Director or authorized representative shall be given the power to extend the time set forth in subsection (a)(2) of Section 7-15-2005 (Agreement To Construct Improvements) of this Article beyond the initial six (6) month period specified in the agreement. The Resource Management Agency Director or authorized representative may grant such an extension of time when it is found by the Resource Management Agency Director or authorized representative good cause to do so. However, when such an extension of time is granted, the security previously deposited shall be reviewed in accordance with Section 7-15-2015 (Security For Improvements) of this Article and if it is determined that the estimated cost to the County to construct the required improvements has increased, the time for completion of improvements shall not be extended until the applicant has deposited additional security so that the total security is one hundred twenty five percent (125%) of the new estimated cost.

(b) If an applicant is dissatisfied with the decision of the Resource Management Agency Director or authorized representative on a request for an extension of time or any additional security required by the Resource Management Agency Director or authorized representative, the applicant may appeal pursuant to Section 7-15-2030 (Appeal) with the appropriate appeal filing fee to the Board of Supervisors, and the Board of Supervisors upon receipt of the appeal and appeal filing fee shall hear and decide said appeal in accordance with the provisions of said Section 7-15-2030 (Appeal).

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2015 SECURITY FOR IMPROVEMENTS:

The person requesting the permit or certificate shall provide the Resource Management Agency Director or authorized representative with security sufficient to assure that the requesting party will make the improvements required by this Article in accordance with said agreement. Such security shall be in one of the following forms:

(a) An agreement by the requesting party that no portion of the work or project authorized by the permit or certificate shall be eligible for any required final inspection or issuance of a certificate of occupancy until the improvements required by this Article have been completed to the satisfaction of the Resource Management Agency Director or authorized representative and written evidence of such satisfaction has been filed by the Resource Management Agency Director or authorized representative or with the Resource Management Agency Director or authorized representative. Such agreement may be executed by the Resource Management Agency Director or authorized representative, on behalf of the County of Tulare, on a form approved by the Board of Supervisors.

(b) A deposit of security with the Resource Management Agency Director or authorized representative in favor of the County of Tulare and in one of the following forms:

(1) A deposit of cash with the Resource Management Agency, or in escrow with a responsible escrow agent or trust company.

(2) An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

(3) An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Board of Supervisors.

(4) A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.

Such security shall be in the amount of one hundred twenty five percent (125%) of the estimated cost to the County to construct the required improvements through contract with a contractor should the requesting party fail to comply with his agreement to construct the improvements. Said estimated cost shall be determined by the Resource Management Agency Director or authorized representative.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2020 DEFERRED IMPROVEMENTS: SECURITY BY DEPOSIT OR LIEN:

If the Resource Management Agency Director or authorized representative determines at any time that it is not feasible for the applicant or permittee, or in the best interests of the County, for the required improvements to be constructed within the periods of time set forth in Section 7-15-2005 (Agreement To Construct Improvements) of this Article, the applicant or permittee shall, in lieu of complying or continuing to comply with Section 7-15-2005 (Agreement To Construct Improvements) of this Article, do one of the following:

(a) Make a deposit of money with the Resource Management Agency Director or authorized representative in an amount calculated as set forth in subsection (b) of Section 7-15-2015 (Security for Improvements) of this Article. When such a deposit has been made, the applicant shall thereafter have no further duties or liabilities in connection with the construction of the improvements. The deposit shall be held by the County, pursuant to an agreement between the applicant and the County, in a trust account and shall be used by the County solely to pay for the required work and the costs of managing the trust account. If the work has not been completed within twenty (20) years after the date of the deposit, the County shall return the amount deposited to the applicant or his heirs or assigns, along with interest thereon at a rate equal to the average rate of return earned by the County on its investments during those full calendar quarters during which the deposit was held, less one (1) full percentage point to be retained by the County to cover the costs of administering the trust account. The trust account agreement shall be on a form approved by the Board of Supervisors. The Resource Management Agency Director or authorized representative is authorized to execute such agreements on behalf of the County on the approved form.

(b) Enter into, or, if the applicant is not the owner, have the owner enter into an agreement with the County to construct the required improvements within sixty (60) days of receipt of a written demand by the Resource Management Agency Director or authorized representative. The agreement shall provide that failure to perform in a timely fashion shall entitle the County to make its own arrangements for construction of the improvements, and the cost thereof, including the reasonable costs of the Resource Management Agency in causing the work to be done and supervising it, shall constitute both a personal obligation of the owner and a lien on the real property for which the permit or certificate was issued. The term of the agreement shall be twenty (20) years from the date of issuance of the permit or certificate. The agreement shall be on a form approved by the Board of Supervisors and shall be executed by the Resource Management Agency Director or authorized representative on behalf of the County. The agreement shall be recorded by the Resource Management Agency Director or authorized representative in the office of the County Clerk/Recorder/Assessor, and from the date of recordation shall be binding upon the heirs, successors, and assigns of the owner as a covenant running with the land. Making a deposit or entering into any agreements under the foregoing subsections shall not preclude the applicant or owner, if the applicant was not the owner, from requesting permission to complete the improvements at his own expense prior to the determination by the Resource Management Agency Director or authorized representative to require the construction. The Resource Management Agency Director or authorized representative may require, as a condition for granting such permission, that the owner or applicant take whatever measures the Director deems necessary to prevent such early construction from causing injury to the property of any public entity or private person other than the property owner. Upon completion of the improvements to the satisfaction of the Resource Management Agency Director or authorized representative, any deposit made hereunder shall be returned to the person who made the deposit or his heirs or assigns in the manner set forth in subsection (a) of Section 7-15-2020 (Deferred Improvements: Security By Deposit Or Lien) of this Article; any agreement made hereunder shall be canceled; and written notice of such cancellation shall be given and may be recorded in the manner set forth in subsection (a) of Section 7-15-2060 (Release Of Security) of this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2025 DETERMINATION OF REQUIREMENTS:

When an application for a permit or certificate which comes within the provisions of this Article is filed with the Resource Management Agency Director or authorized representative, the Resource Management Agency Director or authorized representative shall advise the Assistant Director of Public Works of the filing of the application and necessary details concerning the property affected by the application. The Resource Management Agency Director or authorized representative shall determine the specific dedications and improvements which are required to be made under this Article, and shall advise the Assistant Director Planning and the applicant of the Director’s determination.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2030 APPEAL:

When the applicant has been advised, pursuant to Section 7-15-2025 (Determination of Requirements) of this Article, of the dedications and improvements that the applicant will be required to make, the applicant may appeal in accordance with Section 165 (Administrative Appeals) to the Board of Supervisors from the determination by the Resource Management Agency Director or authorized representative; provided, however, that a person required to construct deferred improvements in connection with a final map or a parcel map, pursuant to Section 7-15-1995 (Improvements: Deferred Subdivision and Parcel Map Improvements) of this Article, is not entitled to appeal with regard to the nature or extent of deferred improvements which the applicant is required to construct. A notice of appeal shall be in writing, shall state specifically what requirement is being appealed from and shall be filed along with the appeal filing fee with the Clerk of the Board of Supervisors. The Clerk of the Board shall set the matter for hearing before the Board at a meeting to be held within twenty (20) days after the date of filing the appeal. The Clerk shall give notice of the time of the hearing to the person filing the appeal, the Resource Management Agency Director or authorized representative. The Board of Supervisors shall hear the matter de novo. The decision of the Board of Supervisors after such hearing shall be final and conclusive as to all things involved in the matter. The Clerk of the Board shall give written notice of the decision to the applicant, the Resource Management Agency Director or authorized representative.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2035 JUDICIAL REVIEW OF DECISION:

Judicial review of a decision of the Board of Supervisors made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California. The method of judicial review, the time limits for judicial review, and all of the other provisions of said Section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said Section 1094.6.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2040 ISSUANCE OF PERMIT:

When the property to be dedicated for right-of-way and the improvements to be constructed have been determined in accordance with the provisions of this Article, and when the applicant has delivered the required deeds and has entered into the agreement required by Section 7-15-2005 (Agreement to Construct Improvements) of this Article and provided the security for construction of the required improvements in accordance with Section 7-15-2015 (Security for Improvements) of this Article, or has made the deposit or entered into the lien agreement authorized by Section 7-15-2020 (Deferred Improvements: Security By Deposit or Lien) of this Article, the Resource Management Agency Director or authorized representative shall authorize the issuance of the permit or certificate.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2045 TERMINATION OF PERMIT:

When a person has entered into an agreement with the County to construct required improvements, and the permit or certificate which the applicant was issued becomes null and void for any reason, without any work having been performed under the permit or certificate, and the improvements required by the agreement have not been constructed, the Resource Management Agency Director or authorized representative shall, at the request of said person, terminate the agreement by mutual consent of the parties and release the security.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2050 ANNEXATION BY CITY:

If the property on which the required improvements are to be constructed is annexed to a city prior to completion of the improvements, the County may assign to the City all of its rights and responsibilities in regard to said improvements conferred by this Article and transfer the security on deposit, if any, to the City Council of the City. The City Council, or the City official designated by the City Council, shall thereafter have the right to require and/or arrange completion of the improvements and, in this respect, the City Council or its designee shall be deemed to have all of the powers conferred upon the Resource Management Agency Director or authorized representative by this Article.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2055 FAILURE TO COMPLETE WORK:

Where security has been provided pursuant to Section 7-15-2015 (Security for Improvements) of this Article, failure to perform the work in the manner required by this Article within the time set forth in the agreement or upon expiration of any extension of time granted by the Resource Management Agency Director or authorized representative shall have the following consequences:

(a) If the security was provided pursuant to subsection (a) of Section 7-15-2015 (Security for Improvements) of this Article, the Resource Management Agency Director or authorized representative shall be notified in writing of any request for a final inspection or issuance of a certificate of occupancy. Upon receipt of such notice, the Resource Management Agency Director or authorized representative shall be notified as to whether the required improvements have been completed in a satisfactory manner. The Resource Management Agency Director or authorized representative shall refuse to conduct any final inspection of, or issue any certificate of occupancy for, the work or project for which the permit or certificate was issued until satisfactory completion of the work is documented.

(b) If the security was provided pursuant to subsection (b) of Section 7-15-2015 (Security of Improvements) of this Article, the Resource Management Agency Director or authorized representative shall mail a notice to the person who deposited the security at the address set forth in the agreement. The notice shall advise the person that if the required work is not completed in full compliance with the agreement within sixty (60) days after the date of mailing of the notice, the Resource Management Agency Director or authorized representative will cause the required work to be performed, and the security on deposit will be used to pay the costs of performing said work, including the reasonable costs of the Resource Management Agency in causing said work to be done and supervising it. The Resource Management Agency Director or authorized representative may have such work performed by contract or by any other means legally available. Upon completion of the work, the balance, if any, of such deposit, after deducting therefrom the cost of performing the work and the reasonable costs of the Resource Management Agency in causing the work to be done and supervising it, shall be returned to the person who made the deposit or the applicant heirs, successors or assigns. If the security was in the form of cash or a cashier’s check made payable to the County, said deposit shall, if invested, earn interest thereon and a portion of that interest shall be returned with the return of the deposit in the manner prescribed by subsection (b) of Section 53079 of the Government Code.

(Amended by Ord. No. 3457, effective 4-17-14)

7-15-2060 RELEASE OF SECURITY:

(a) When the person receiving the permit or certificate has completed the construction of improvements pursuant to this Article, he shall give written notice to the Resource Management Agency Director or authorized representative. If the Resource Management Agency Director or authorized representative determines that such work has been completed in a satisfactory manner in compliance with the provisions of all applicable statutes, ordinances, encroachment and other permits, and improvement standards, he shall authorize the release of the security. Where the security was provided pursuant to subsection (a) of Section 7-15-2015 (Security for Improvements) of this Article, the security shall be released by filing written notice thereof with the Resource Management Agency Director or authorized representative. Where the security was provided pursuant to subsection (b) of Section 7-15-2015 (Security for Improvements), the security shall be released by mailing notice thereof to the owner and returning the cash deposit or security instrument to the depositor or surety. Where the security was provided pursuant to subsection (b) of Section 7-15-2020 (Deferred Improvements: Security by Deposit or Lien) of this Article, the security shall be released by mailing notice thereof in a recordable form to the owner. The owner shall have sole responsibility for recording this notice in the Office of the County Clerk/Recorder/Assessor.

(b) In those cases where more than one item or work is to be performed, the Resource Management Agency Director or authorized representative may, from time to time, authorize a partial release of such security, so long as sufficient security is retained to cover the uncompleted portion of the work.

(Amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 20. CALIFORNIA HISTORICAL BUILDING CODE, TITLE 24, PART 8

7-15-2115 ADOPTION OF CALIFORNIA HISTORICAL CODE, TITLE 24, PART 8:

The code and regulations known as the California Historical Building Code 2022 Edition, found in Title 24, Part 8 of the California Code of Regulations, published by the California Building Standards Commission and International Code Council, is hereby referred to, adopted and made a part of this Article as if fully set forth herein, and shall hereinafter be referred to as the "California Historical Building Code."

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3618, effective 12-29-2022)

7-15-2120 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Historical Code in buildings or properties designated as qualified historical buildings or properties, within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2125 FEES:

County agencies may charge fees, when actively involved in an appeal of a local enforcement decision that has gone to the State Historical Building Safety Board.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2130 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person may appeal the Resource Management Agency Director or authorized representative’s decision, or the decision of any county agency, to the Local Appeals Board as provided in section 7-15-1050 of this Code. If further appeal is necessary, the decision shall be appealed to the State Historical Building Safety Board as provided in Health and Safety Code section 18960.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2135 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Historical Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations – General Provisions) of this Ordinance Code. Any person in violation of the California Historical Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 21. TITLE 19, CALIFORNIA CODE OF REGULATIONS

7-15-2215 ADOPTION OF TITLE 19, CALIFORNIA CODE OF REGULATIONS:

Except as otherwise provided in this Article, specific chapters and articles of the code known as Barclays, Title 19, Division 1, California Code of Regulations, published by Thomson/West are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and are hereby adopted and shall hereinafter be referred to as the "Title 19, California Code of Regulations."

The adopted chapters and articles shall be as follows:

Chapter 1 – General Fire and Panic Safety Standards (Articles 1, 2, 3, and 4).

Chapter 1.5 – Construction Materials and Equipment Listings.

Chapter 2 – Tents, Awnings and Other Fabric Structures (Articles 2, 3, 4 and 5).

Chapter 3 – Fire Extinguishers (Articles 1 through 9).

Chapter 4 – Fire Alarm Systems and Devices.

Chapter 5 – Automatic Fire Extinguisher Systems.

Chapter 6 – Fireworks.

Chapter 8 – Regulations Relating to Flame-retardant Chemicals, Fabrics and Application Concerns.

Chapter 10 – Explosives.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-2220 ENFORCEMENT:

The Fire Chief of the County of Tulare or authorized representative shall enforce Title 19, California Code of Regulations, within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Fire Chief or authorized representative, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-2225 FEES:

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-2230 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person may appeal the Fire Department’s decision, or the decision of any county agency, to the Local Appeals Board as provided in section 7-15-1050 of this Code.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2235 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS:

The Board of Supervisors, upon advice from the Fire Chief or authorized representative, shall determine and specify by amendment to this Ordinance Code, after giving affected persons an opportunity to be heard, any new materials or processes for which permits are required in addition to those now enumerated in Title 19, California Code of Regulations. The Fire Chief shall post in the office of the Fire Chief such list and distribute copies thereof to interested persons.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-2240 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of Title 19, California Code of Regulations, or this Article shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of Title 19, California Code of Regulations, or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 22. NFPA 1142, WATER SUPPLIES FOR SUBURBAN AND RURAL FIRE FIGHTING

7-15-2315 ADOPTION OF NFPA 1142 – WATER SUPPLIES FOR SUBURBAN AND RURAL FIRE FIGHTING:

Except as otherwise provided in this Article, the code and regulations known as NFPA 1142, Water Supplies for Suburban and Rural Fire Fighting, current published edition, published by the National Fire Protection Association, are hereby referred to, adopted and made a part of this Article as if fully set forth herein, and shall hereinafter be referred to as the "NFPA 1142."

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20)

7-15-2320 APPLICABILITY:

NFPA 1142 shall apply to water supplies in all unincorporated areas of the county that do not have a pressurized underground water supply system. It does not apply to those communities that are served by water purveyor(s) that do have an underground water supply system that is pressurized and that provide fire hydrants for fire department use.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)

7-15-2321 WATER STORAGE:

For R-3 occupancies which are single story with square footage at or less than 2,499 square feet; and for R-3 occupancies which are two stories, at or less than 2,999 square feet, a water storage tank shall not be required to be installed. This is based on factoring the NFPA Water Storage Calculation with the gallons provided responding on a TCFD first alarm structural assignment, and minimum tank size standard per NFPA 1142.

(Added by Ord. No. 3499, effective 1-5-17)

7-15-2322 MOBILE HOMES:

Mobile homes shall not have to adhere to NFPA 1142.

(Added by Ord. No. 3499, effective 1-5-17)

7-15-2325 ENFORCEMENT:

The Fire Chief of the County of Tulare or authorized representative shall enforce NFPA 1142 within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Fire Chief or authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-2330 FEES:

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-2335 APPEALS:

When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person may appeal the Fire Department’s decision to the Local Appeals Board as provided in section 7-15-1050 of this Code.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2340 NEW MATERIALS, PROCESSES WHICH MAY REQUIRE PERMITS:

The Board of Supervisors, upon advice from the Fire Chief or authorized representatives, shall determine and specify by amendment to this Ordinance Code, after giving affected persons an opportunity to be heard, any new materials or processes for which permits are required in addition to those now enumerated in NFPA 1142. The Fire Chief shall post such list in a conspicuous place in the Fire Chief’s office, and distribute copies thereof to interested persons.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

7-15-2345 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of NFPA 1142 or this Article shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of NFPA 1142 or this Article shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 23. CALIFORNIA RESIDENTIAL CODE, TITLE 24, PART 2.5

7-15-2410 ADOPTION OF CALIFORNIA RESIDENTIAL CODE, TITLE 24, PART 2.5:

Except as otherwise provided in this Article, the 2022 California Residential Code, found in Title 24, Part 2.5 of the California Code of Regulations, based on the 2021 International Residential Code, is hereby referred to, adopted and made a part of this Article, along with the following Appendices hereto, and shall be referred to as the "California Residential Code": Appendix H – Patio Covers, Appendix J – Existing Buildings and Structures, Appendix Q – Tiny Homes, and Appendix AX – Swimming Pool Act.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-2415 ENFORCEMENT:

The Resource Management Agency Director or authorized representatives, or where applicable the Fire Chief or authorized representatives, of the County of Tulare shall enforce the California Residential Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to person(s) per this Chapter or by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2425 FEES:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2430 APPEALS:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2435 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Residential Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Residential Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Code or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 24. CALIFORNIA ADMINISTRATIVE CODE, TITLE 24, PART 1

7-15-2510 ADOPTION OF CALIFORNIA ADMINISTRATIVE CODE, TITLE 24, PART 1:

Except as otherwise provided in this Article, the California Administrative Code 2022 Edition, published by the International Code Council, found in Title 24, Part 1 of the California Code of Regulations, is hereby referred to, adopted in its entirety and made a part of this Article as if fully set forth herein, and shall hereinafter be referred to as the "California Administrative Code."

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3618, effective 12-29-2022)

7-15-2515 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Administrative Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representative, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2520 FEES:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2525 APPEALS:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2530 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Administrative Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Administrative Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 25. CALIFORNIA ENERGY CODE, TITLE 24, PART 6

7-15-2610 ADOPTION OF CALIFORNIA ENERGY CODE, TITLE 24, PART 6:

The California Energy Code, 2022 Edition, published by the California Building Standards Commission, found in Title 24, Part 6 of the California Code of Regulations, is hereby referred to, adopted in its entirety and made a part of this Article as if fully set forth herein and shall hereinafter be referred to as the "California Energy Code."

7-15-2615 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Energy Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representative, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2620 FEES:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2625 APPEALS:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2630 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Energy Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Energy Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 26. CALIFORNIA GREEN BUILDINGS STANDARDS CODE, TITLE 24, PART 11

7-15-2710 ADOPTION OF CALIFORNIA GREEN BUILDINGS STANDARDS CODE, TITLE 24, PART 11:

The California Green Buildings Standards Code, Part 11 of Title 24, 2022 Edition, published by the International Code Council, is hereby referred to, adopted in its entirety and made a part of this Article as if fully set forth herein, and is hereby adopted and shall hereinafter be referred to as the "California Green Buildings Standards Code."

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3618, effective 12-29-2022)

7-15-2715 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Green Buildings Standards Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representative, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2720 FEES:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2725 APPEALS:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2730 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Green Buildings Standards Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Green Buildings Standards Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 27. CALIFORNIA REFERENCED STANDARDS CODE, TITLE 24, PART 12

7-15-2810 ADOPTION OF CALIFORNIA REFERENCED STANDARDS CODE, TITLE 24, PART 12:

The California Referenced Standards Code, 2022 Edition, published by the International Code Council, found in Title 24, Part 12 of the California Code of Regulations, is hereby referred to, adopted in its entirety and made a part of this Article as if fully set forth herein, and shall hereinafter be referred to as the "California Referenced Standards Code."

7-15-2815 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Standards Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representative, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2820 FEES:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

7-15-2825 APPEALS:

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2830 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Standards Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Standards Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)

ARTICLE 28. CALIFORNIA MECHANICAL CODE, TITLE 24 PART 4

7-15-2910 ADOPTION OF CALIFORNIA MECHANICAL CODE, TITLE 24, PART 4:

The California Mechanical Code, 2022 Edition, published by the California Building Standards Commission, found in Title 24, Part 4 of the California Code of Regulations, based on the 2021 Uniform Mechanical Code, is hereby referred to, adopted in its entirety and made a part of this Article as if fully set forth herein and shall hereinafter be referred to as the "California Mechanical Code."

(Added by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-2915 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Mechanical Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representative by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3457, effective 4-17-14)

7-15-2920 FEES:

(Added by Ord. No. 3457, effective 4-17-14)

7-15-2925 APPEALS:

(Added by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)

7-15-2930 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Mechanical Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Mechanical Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3457, effective 4-17-14)

ARTICLE 29. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS

7-15-2935 ADOPTION:

(a) Subject to subsections (b) and (c) below, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials, is hereby referred to, adopted and made a part of this Article with the same effect as if fully set forth herein. The procedures and proceedings provided in said Uniform Code may, in the discretion of the Building Official, be used in place of procedures and proceedings that may be provided elsewhere in this Code. All of the provisions of said Uniform Code as adopted and incorporated by this section shall apply to all of the unincorporated territory of the County of Tulare.

(b) Section 205 (Board of Appeals) and Chapter 5 (Appeal) of the Uniform Code for the Abatement of Dangerous Buildings are not adopted. The administrative enforcement of this Chapter is subject to the right of appeal as provided by section 7-15-1050 of this Code.

(c) Section 201 of the Uniform Code for the Abatement of Dangerous Buildings is amended by adding thereto a new Section 201.4 to read as follows:

Section 201.4 Authorized Representatives. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The Building Official may appoint such inspectors or employees as may be necessary to carry out the provision of the Uniform Code for the Abatement of Dangerous Buildings.

(Amended by Ord. No. 3218, effective 02-25-99; amended by Ord. No. 3457, effective 4-17-14. Formerly 7-15-1005; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3559, effective 6-20-19)

ARTICLE 30. 1997 UNIFORM HOUSING CODE

7-15-3000 ADOPTION OF UNIFORM HOUSING CODE:

Subject to subsections (a) through (e) below, the Uniform Housing Code, 1997 Edition, as published by the International Conference of Building Officials, is hereby referred to, adopted, and made a part of this Article with the same effect as if fully set forth herein. The procedures and proceedings provided in said Uniform Housing Code may, in the discretion of the Building Official, be used in place of procedures and proceedings that may be provided elsewhere in this Code. The provisions of said Uniform Housing Code, as adopted and incorporated by this section, shall apply to all of the unincorporated territory of the County of Tulare.

(a) Section 203 (Housing Advisory and Appeals Board) and Chapter 12 (Appeal) of the Uniform Housing Code are not adopted. The administrative enforcement of this Article is subject to the right of appeal as provided by section 7-15-1050 of this Code.

(b) Section 201 of the Uniform Housing Code is amended by adding thereto a new Section 201.4, to read as follows:

(c) Additional Requirement – Caretaker – Notice. In addition to the requirements of the Uniform Housing Code, the following shall be required:

1. Caretaker. A janitor, housekeeper, or other responsible person shall reside upon the premises and shall have charge of every apartment house in which there are sixteen or more apartments and of every hotel in which there are twelve or more guest rooms, in the event that the owner of any such apartment house or hotel does not reside upon the premises.

2. Notice. If the owner does not reside upon the premises of any apartment house in which there are four or more but less than sixteen apartments, a notice stating the owner’s name and address or telephone number, or the name and address or telephone number of the owner’s agent in charge of the apartment house, shall be posted in a conspicuous place on the premises.

(d) Section 202 of the Uniform Housing Code is amended to read as follows:

Buildings or portions thereof that are determined to be substandard as defined in the State Housing Law or as otherwise determined to be substandard pursuant to the Tulare County Ordinance Code are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 11 of the Uniform Housing Code, or such other procedure specified in the Tulare County Ordinance Code.

(e) All references to the Building Code in the Uniform Housing Code shall be interpreted to refer to the California Building Code, as adopted by the California Building Standards Commission.

(Added by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3564, effective 7-4-19. Formerly 7-15-2940)

7-15-3010 MISDEMEANOR:

Maintaining a substandard building in violation of the Uniform Housing Code, as adopted herein, is a misdemeanor, and is punishable as provided in Section 125 (Violations) of this Code.

(Added by Ord. No. 3564, effective 7-4-19)

ARTICLE 31. CALIFORNIA EXISTING BUILDING CODE, TITLE 24, PART 10

7-15-3100 ADOPTION OF CALIFORNIA EXISTING BUILDING CODE, TITLE 24, PART 10:

The California Existing Building Code, 2022 Edition, published by the International Code Council, found in Title 24, Part 10 of the California Code of Regulations, is hereby referred to, adopted in its entirety and made a part of this Article as if fully set forth herein, and shall hereinafter be referred to as the "California Existing Building Code."

(Added by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3564, effective 7-4-19. Formerly 7-15-2945; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)

7-15-3110 ENFORCEMENT:

The Resource Management Agency Director or authorized representative shall enforce the California Existing Building Code in buildings or properties within the unincorporated areas of the County. Nothing in this provision, Article or Chapter shall be construed to limit or enlarge any enforcement or other authority or responsibility assigned to the Resource Management Agency Director or authorized representative, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.

(Added by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3564, effective 7-4-19. Formerly 7-15-2950)

7-15-3120 FEES:

(Added by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3564, effective 7-4-19. Formerly 7-15-2955)

7-15-3130 APPEALS:

(Added by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3559, effective 06-20-19; amended by Ord. No. 3564, effective 7-4-19. Formerly 7-15-2960)

7-15-3140 VIOLATIONS AND PENALTIES:

Any person violating any of the provisions of the California Existing Building Code, or this Article, shall be guilty of a misdemeanor and shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Any person in violation of the California Existing Building Code, or this Article, shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of said Codes or this Article is committed, continued, or permitted.

(Added by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3564, effective 7-4-19. Formerly 7-15-2965)

ARTICLE 33. UNSAFE AND SUBSTANDARD BUILDINGS

7-15-3300 ADOPTION OF PORTION OF CALIFORNIA CODE OF REGULATIONS:

The State Housing Law Regulations as referenced in California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, are hereby referred to, adopted and made a part of this Article with the same effect as though fully set forth herein and shall apply to all of the unincorporated territory of the County of Tulare where not in conflict with the provisions of this Chapter.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3310 DEFINITIONS FOR STATE HOUSING LAW REGULATIONS:

Whenever any of the following terms are used in the provisions of the California Code of Regulations adopted pursuant to this Article, such terms shall have the following meanings:

(a) The term "enforcement agency" shall mean the Resource Management Agency of the County of Tulare, unless otherwise required or specified by State Housing Law.

(b) The term "governing board" shall mean the Board of Supervisors of the County.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3320 DECLARATION OF PUBLIC NUISANCE:

The following conditions are hereby declared to be public nuisances:

(a) Any residential building that, as the result of development, has become unsafe, injurious to health, indecent, offensive to the senses, or that unlawfully obstructs the free passage or use, in the customary manner, of any county park, square, street or highway, or that constitutes a fire hazard;

(b) Any dangerous building or structure;

(d) Any unused service station.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3330 NUISANCE ABATEMENT AUTHORITY:

Without limiting any other rights, remedies, or enforcement mechanisms available at law, upon discovering a public nuisance related to unsafe buildings or substandard building, the enforcement agency may take one or more of the following actions:

(a) Abate the nuisance in accordance with the administrative abatement procedures provided in this Chapter, or any other applicable provisions of this Code;

(b) Determine and collect an administrative civil penalty in accordance with the procedures provided in Chapter 23 of Part I of this Code;

(c) Seek relief from any court of competent jurisdiction to abate the nuisance and/or collect civil penalties, without first going through the administrative procedures set forth in this Chapter; or

(d) Refer violations to the District Attorney for prosecution under applicable criminal laws.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3340 POSTING SIGNS:

Immediately upon determining any building or portion thereof to be substandard and a public nuisance, the enforcement agency may post upon each entrance of the building a notice in substantially the following form:

DANGER

DO NOT ENTER

UNSAFE TO OCCUPY

This building has been determined to be substandard and a nuisance and may be dangerous to enter or occupy. It is an infraction to remove or deface this notice without permission of the Tulare County Resource Management Agency or other authorized County entities.

The right to post said notice is in addition any other notices or posting requirements in this Chapter, or as otherwise authorized by law. Any person who removes or defaces any notice posted pursuant to this section without the permission of the Tulare County Resource Management Agency or other County entity shall be guilty of an infraction and shall be punishable as provided in Section 125 (Violations) of this Code.

(Added by Ord. No. 3564, effective 7-4-19)

ARTICLE 35. SUBSTANDARD HOUSING NUISANCE ABATEMENT

7-15-3500 LEGISLATIVE AUTHORIZATION: TITLE:

(a) Pursuant to the authority granted to it by section 25845 of the Government Code, and by Article XI, section 7 of the California Constitution, the Board of Supervisors hereby enacts this Article 35 of Chapter 15 of Part VII of the Tulare County Ordinance Code, which shall be known, and may be cited, as the "Substandard Housing Nuisance Abatement Ordinance."

(b) The Board of Supervisors hereby determines that the procedures for substandard housing abatement incorporated in this Article are equivalent to the procedures provided in Article 6 (Actions and Proceedings, commencing with section 48) of Subchapter 1 (State Housing Law Regulations) of Chapter 1 (State Housing Law Regulations and Earthquake Protection Law Regulations) of Division 1 (Housing and Community Development) of Title 25 (Housing and Community Development) of the California Code of Regulations.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3510 PURPOSE AND INTENT:

(a) The purpose of this Article is to protect the health, safety, and welfare of the residents of the County of Tulare through the prevention and abatement of substandard housing nuisances in the County. It shall be construed liberally to that end.

(b) It is the intention of the Board of Supervisors to minimize the burden placed upon property owners and taxpayers in carrying out the purpose set forth in subsection (a) above. Accordingly, those methods of abatement are to be favored that are least costly and that are most directly related to protecting the public health, safety and welfare.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3520 NOT EXCLUSIVE REGULATION:

This Article is not the exclusive regulation of substandard housing nuisances. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3530 APPLICATION:

This Chapter applies to all real property owned by an individual, firm, partnership, joint venture, association, corporation, estate, or trust. In addition, it applies to any real property owned by the United States and any agency of the United States, the State of California and any agency of the State, any city, and a public district or political subdivision of the State of California, insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3540 DEFINITIONS:

Except where the context otherwise requires, the following definitions shall govern the construction of this Article:

(a) "Agent" means a person or entity acting on behalf of and subject to the control of the owner of real property or of a person legally in possession of the real property.

(b) "Board" means the Board of Supervisors of the County.

(d) "Cost of administration" means the cost to the County of performing the various administrative acts required under this Chapter with regard to the abatement of a public nuisance, including, without limitation, the costs of investigating such nuisance and the cost of prosecuting the public nuisance, but not including the actual cost of physically abating the nuisance.

(e) "County" means the County of Tulare, acting by and through the Board, the County Administrative Officer, or any appropriate County agency, department, or division.

(f) "Department" means the County department that employs the enforcement officer.

(g) "Director" means the head of the Department that issued the notice of violation and order to abate a nuisance, or his or her designee.

(h) For the purposes of this Article, "enforcement officer" means and includes the following County officials and their deputies, assistants, or other duly authorized representatives:

(1) Director of Resource Management Agency;

(2) Such other persons as may be designated by the Board.

(i) "Owner" means the person in whom is vested the ownership, dominion, or title of real property.

(j) "Real property" includes all of the surface or subsurface areas described in the most recently recorded deed or deeds relating to such property, and all improvements on the real property.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3550 INSPECTION WARRANT:

Where there is a report of the existence of a substandard housing nuisance, or other reason to believe that such a nuisance exists on certain real property, but the owner or person legally in possession of the real property refuses consent for the enforcement officer to inspect it, or where circumstances justify the failure to seek consent to inspect, the County may proceed to obtain an inspection warrant pursuant to Code of Civil Procedure section 1822.50 et seq. to enter and inspect such real property.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3560 EXCEPTION TO INSPECTION WARRANT:

No inspection warrant shall be required where there is an immediate threat or danger to the public health or safety, and immediate abatement of a public nuisance is justified as provided in section 7-15-3710 of this Article.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3570 ABATEMENT OF SUBSTANDARD BUILDINGS:

All structures, or portions thereof, that are determined by the enforcement officer to constitute a substandard building and also a public nuisance may be abated by repair, rehabilitation, or removal in accordance with this Article and/or Health and Safety Code section 17980 et seq. In cases of extreme hardship to owner-occupants of the dwellings, the enforcement officer or the County Hearing Officer may provide for deferral of the effective date of orders of abatement.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3580 DETERMINATION OF NUISANCE: NOTICE OF VIOLATION: ORDERS TO ABATE AND TO VACATE: SERVICE:

(a) Whenever an enforcement officer determines that a building is substandard and also a public nuisance, the enforcement officer shall prepare a notice of violation and order to abate, and shall serve a copy thereof upon the owner of the property upon which the nuisance exists, as shown on the last equalized assessment roll, or to the current owner if otherwise known to the enforcement officer. The enforcement officer shall also serve copies of the notice/order upon anyone known to the enforcement officer to be in possession of the property (including tenants); and upon any mortgagee, beneficiary under a deed of trust, or other lienholders of record.

(b) Where the enforcement officer has determined that the condition causing the nuisance is imminently dangerous to human life or limb, or to public health or safety, the enforcement officer may include in the notice/order an order that the property, building or structure affected shall be vacated pending abatement of the conditions causing a nuisance, if the enforcement officer proceeds pursuant to the procedures described in subdivision (c) of section 17980 of the Health and Safety Code.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3590 NOTICE OF VIOLATION AND ORDER TO ABATE CONTENTS:

(a) The notice/order described in section 7-15-3580 of this Article shall include the following:

(1) The name, address, and telephone number of the enforcement officer who issued the notice/order.

(2) The name of the owner of the real property upon which the nuisance exists, as the name appears on the records of the County Assessor/Clerk-Recorder.

(3) The street address, assessor’s parcel number, or any other description sufficient to identify the real property affected.

(4) A statement that the County has determined that a public nuisance exists on the real property and that the building or structure on said property has been determined to be substandard.

(5) A description of the condition(s) constituting the nuisance and creating the substandard housing, including any facts upon which the determination is based.

(6) Identification of the specific provision(s) of law the enforcement officer has determined are being violated.

(7) An order to completely abate the nuisance within forty-five (45) days after the notice/order is served, or sooner if deemed necessary to remedy an immediate threat to the health/safety of public or occupants. The time to abate shall be extended up to sixty (60) days after a person takes title to a property if that person has purchased and is in the process of diligently abating that property, unless a shorter time is deemed necessary to remedy an immediate threat to the health/safety of public or occupants.

(8) If the enforcement officer determines that the condition(s) causing the nuisance and substandard building can be corrected or abated by repair or corrective action, then the notice shall state the repairs or corrective actions that shall be required.

(9) If appropriate to protect the public health and safety of possible occupants or entrants, an order that the building, or any portion thereof, be vacated until the nuisance is abated.

(10) A statement of the right to request administrative review of the Notice of Violation by filing a written request for administrative review with the Director within fifteen (15) calendar days of service of the notice/order. The notice/order shall include a local contact number and an Internet website (if applicable) where a property owner may obtain a copy of an appeal form. A copy of the appeal form shall also be included with the notice/order.

(11) A statement explaining the consequences of failing to abate or appeal within the applicable time periods, including (i) that the notice/order becomes a final order; (ii) that the County may abate the public nuisance at the owner’s expense; and (iii) that the County may seek recovery of its civil, administrative, and abatement costs, and may impose fines or penalties pursuant to this Article and any other applicable laws, including through the use of liens and/or special assessments against the subject real property that will be collected at the same time and in the same manner as ordinary real property taxes.

(12) If the enforcement officer determines that sufficient information about the nuisance and subject property is available, then the notice/order shall also be accompanied by an estimate of the potential total abatement costs that may be charged to the owner if the County abates the nuisance, as well as any related civil and administrative costs and estimated fines and penalties, along with a statement that any such estimate is provided as a courtesy, is simply an estimate, and in no way limits the type or amount of costs and penalties the County may impose under this Article.

(13) A statement that, with respect to said substandard housing, and in accordance with sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.

(b) Any estimate furnished by the County to the property owner of potential abatement costs, civil and administrative costs, and penalties that the County may impose under this Article if the County abates a nuisance is simply an estimate, and in no way limits the type or amount of costs and penalties the County may ultimately impose under this Article.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3600 METHODS OF SERVICE: RECORDING: TIMING OF SERVICE:

(a) The notices required by this Article shall be given by conspicuously posting at least one copy of any order or notice to repair or abate on the building alleged to be substandard, and by also serving the notice through one of the following methods:

(1) Sending a copy of the notice by certified mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located, either as that person's name and address appear on the last equalized assessment roll, or if the records of the County Assessor/Clerk-Recorder show that the ownership has changed since the last equalized assessment roll was compiled, notice shall be mailed to the new owner, or as otherwise known to the enforcement officer. A copy shall also be sent to any mortgagee, beneficiary of a deed of trust, or lienholder of record for the real property. Such service by mail shall be deemed effective two (2) days after the date of mailing. If any address is unknown to the en-forcement officer, this fact shall be stated in the copy so mailed and the notice shall be ad-dressed to the affected party at the Clerk of the Board’s office; or

(2) Personally serving the party or attorney on whom the service is required to be made. Personal service is deemed effective once made.

(b) A proof of service or affidavit of mailing shall be prepared for every notice mailed or served pursuant to this section.

(c) When instituting an action or proceeding pursuant to this article, a notice of pendency of the action and/or copy of any notice/order served pursuant to this section shall be recorded in the office of the County Recorder.

(d) If the County Department charged with serving a notice pursuant to this Article serves the notice in the manner and within the time limits required by this section, then the failure of any person to receive actual notice of any proceedings shall not affect the validity of any proceedings taken pursuant to this Article.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3610 NOTICE TO TENANTS:

(a) Tenants in a residential building shall be provided copies of any of the following:

(1) The notice of a violation described in Health and Safety Code section 17980, subdivision (a), that affects the health and safety of the occupants and that causes the building to be substandard pursuant to Section 17920.3 or in violation of Section 17920.10.

(2) An order of the enforcement officer issued after inspection of the premises declaring the dwelling to be in violation of a provision described in Health and Safety Code section 17980, subdivision (a).

(3) The enforcement officer’s decision to repair or demolish.

(4) The issuance of a building or demolition permit following the abatement order of an enforcement agency.

(b) At least one copy of any order or notice to repair or abate pursuant to Health and Safety Code sections 17980 or 17980.6 shall also be conspicuously posted on the building alleged to be substandard, and provided to tenants of a residential property by either: (i) first-class mail to each affected residential unit; or (ii) by posting a copy of the order or notice in a prominent place on each affected residential unit.

(1) The name, address, and telephone number of the Department and enforcement officer that issued the notice or order.

(2) The date, time, and location of any public hearing or proceeding concerning the order or notice.

(3) Information that the lessor cannot retaliate against a lessee pursuant to section 1942.5 of the Civil Code.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3620 ADMINISTRATIVE REVIEW: REQUEST:

(a) Any person affected by the determination of an enforcement officer that a public nuisance exists may request administrative review of that determination by filing a written request with the Director of the County department that issued the determination on or before the fifteenth (15th) calendar day following the date of posting and mailing or personal delivery of the notice.

(b) Unless the nuisance is abated as specified in the notice/order, or the real property owner or other party with a legally protected interest in the real property requests administrative review of the determination that a public nuisance exists within fifteen (15) calendar days after the date the notice/order was served, then the enforcement officer’s notice/order shall constitute a final administrative order or decision. It cannot be appealed and cannot be judicially reviewed, because the aggrieved person failed to exhaust available administrative remedies.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3630 ADMINISTRATIVE REVIEW: NOTICE:

The Director, or his or her designee, as administrative review officer, shall give notice to the person requesting the administrative review of the date, time and place when the administrative review will be held, which date shall not be less than five (5) calendar days after the date of mailing the notice. The notice shall be mailed to the address given by the person in his or her request for administrative review.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3640 ADMINISTRATIVE REVIEW: DECISION:

(a) At the administrative review, the administrative review officer shall review the determination, any and all relevant documents, and such other relevant information as shall be presented. The administrative review shall be informal.

(b) After reviewing all of the available information, the administrative review officer shall determine whether to uphold the determination of the existence of a nuisance and the order to abate, modify the notice/order, or direct that the notice/order be withdrawn. This decision may be made orally at the administrative review, but the decision shall be reduced to writing and mailed to the person requesting the appeal at the address given by the person in his or her request for administrative review, unless otherwise requested in writing by the party to be served. The notice of decision shall also include a description of the right to appeal the decision to the County Hearing Officer, as provided in this Article.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3650 APPEAL TO COUNTY HEARING OFFICER: NOTICE:

(a) Within fifteen (15) calendar days after service of the administrative review officer’s decision issued pursuant to section 7-15-3640 determining that a nuisance exists on real property, a property owner, a person in possession of real property, mortgagee, lienholder of record, or beneficiary under a deed of trust may appeal the decision to the County Hearing Officer, as provided by Chapter 31 of Part I of this Code. An appeal pursuant to this section shall specifically set forth the grounds of the appeal, in writing, and shall be filed with the Clerk of the Board.

(b) At the time of filing the appeal, the appellant shall pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as established from time to time by resolution of the Board of Supervisors. The appellant may request a waiver of the fee pursuant to section 1-31-1060 of this Code.

(c) The Clerk of the Board shall mail notice to the appellant of the date and time that the County Hearing Officer will hear the appeal, which date shall be not less than ten (10) calendar days after the date of mailing of the notice.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3660 HEARING ON APPEAL: DETERMINATION:

(a) At the time fixed by the Clerk of the Board, the County Hearing Officer shall hear the appeal from the administrative review officer’s decision.

(b) The written determination that a nuisance exists on the subject real property shall be admitted into evidence. The owner shall bear the burden of proving that the determination is not accurate.

(c) The hearing shall be conducted, and the County Hearing Officer’s decision shall be issued, in the manner prescribed in Chapter 31 of Part I of this Code.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3670 SERVICE OF COUNTY HEARING OFFICER’S DECISION: EXTENSIONS OF TIME TO ABATE:

(a) Within 60 days of the issuance of a final decision by the County Hearing Officer determining the existence of a nuisance, the enforcement officer shall cause a copy of the Hearing Officer’s decision to be posted on the affected building or property. The Clerk of the Board shall also cause a copy of the decision to be mailed by 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 Board. A copy of said notice shall also be mailed to each mortgagee, lienholder, or beneficiary under any deed of trust, of record, at their last known addresses. If the address of any person designated to receive notice pursuant to this section is unknown, then that fact shall be stated in the mailed copy and the notice shall be addressed to that party at the Clerk of the Board’s office.

(b) After the County Hearing Officer determines that a nuisance exists, and orders the nuisance to be abated, the enforcement officer retains the authority to grant any extension of time to abate said nuisance that the Department or enforcement officer deems justifiable, upon good cause therefor being shown.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3680 ABATEMENT FOLLOWING JUDICIAL DECREE:

If a substandard housing public nuisance is declared by judicial decree, then after the defendant(s) receive(s) notice of entry of judgment as prescribed by law, and the time within which an appeal may be filed has expired, all procedures of this Article shall be applicable and may be followed in the same manner as if the County had issued a final administrative determination declaring a public nuisance to exist.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3690 ABATEMENT BY OWNER:

(a) Any owner may voluntarily abate a nuisance described in this Article at any time prior to commencement of abatement by the County. The County shall have discretion to request such voluntary correction or abatement prior to proceeding with the formal abatement procedures provided by this Article.

(b) The enforcement officer is also authorized to enter into voluntary abatement settlement agreements with the owner(s) of a property, to allow the County to enter onto an owner’s real property and to abate nuisances on behalf of a property owner. Any such agreement must be approved as to form by County Counsel, and will require the owner to: admit the existence of the nuisance(s); consent to the County’s entry on the subject real property and to County’s conducting related abatement activities on the real property through County’s representatives and/or independent contractors; accept all liabilities and costs related to the abatement; and allow the County to collect such abatement costs by liening the subject real property, or by pursuing a personal lien against the property owner(s). Nothing in this paragraph is intended to require a property owner to enter into a voluntary abatement settlement agreement with the County.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3700 ABATEMENT: ENTERING PRIVATE PROPERTY:

If a public nuisance is not voluntarily corrected or abated by the owner or other responsible person, and if no request for administrative review has been made; or if no appeal to the County Hearing Officer has been made; or if the public nuisance is not abated pursuant to the decision of the County Hearing Officer within 30 days of service and posting of the County Hearing Officer’s decision, or within the time prescribed pursuant to section 7-15-3670, subsection (b) above, whichever is longer; then the County may cause the public nuisance to be abated. The County or its representatives and/or independent contractors who are to perform the abatement work may enter upon the real property on which the public nuisance exists for the purpose of abating the nuisance. If necessary, the enforcement officer shall apply to a court of competent jurisdiction for a warrant authorizing entry upon the subject real property for purposes of undertaking the work of abatement.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3710 SAME: EMERGENCIES:

Regardless of the notice and hearing requirements provided by this Article, if it appears to the County that a public nuisance represents an immediate threat or danger to the public health or safety, then the County may abate such public nuisance to the extent necessary to eliminate such threat or danger to the public health or safety without following the notice and hearing requirements set forth in this Article.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3715 RECOVERY OF ATTORNEYS’ FEES:

In any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this Article, attorneys’ fees may be recovered by the prevailing party. Recovery of attorneys’ fees by the prevailing party is limited to those actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the County in the action or proceeding.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3720 SALE OF MATERIALS:

The building materials contained in any building razed or removed pursuant to this Article may be sold by the Board or the Purchasing Agent at public sale to the highest responsible bidder after not less than five (5) days’ notice of intended sale, published at least once in a newspaper of general circulation published in the city or county wherein such building is located, either before or after said building has been razed or removed. Any amount received from the sale of such building materials shall be deducted from the expense of razing or removing said building. Nothing herein shall be construed to require the County to sell any such building materials. Unsold building materials may be disposed of by the enforcement officer by any lawful means, and the costs of such disposal included in the expenses of abatement.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3730 STATEMENT OF EXPENSES:

(a) Any enforcement officer who abates a public nuisance pursuant to this Article shall keep an accounting of the cost of each abatement, and shall prepare a statement of expenses in writing showing the gross and net cost of abatement actions taken by the Department, including the expense of inspections; repairs, if any; and the cost of the razing or removing of the building, if applicable; and any other cost of abatement, including the applicable cost of administration. If multiple properties are included in the same report, then the account shall separately itemize the costs for the abatement for each impacted parcel/real property. The statement of expenses or its supporting attachments shall include the following information:

(1) Name(s) of the contractor(s) who performed the abatement;

(2) Dates when abatement activities were conducted on the real property, and information about what activities were conducted on which dates;

(3) Number of individuals who worked on each type of abatement activity on the property;

(4) Total number of hours the contractor’s agents spent on each type of abatement activity;

(5) Rate for each type of abatement activity performed;

(6) Itemized list of other fees or charges incurred in conducting the abatement, including, but not limited to, dump fees or travel fees; and

(7) Costs of administration, including any applicable postage and attorneys’ fees.

(b) The enforcement officer shall mail a copy of the accounting, and a notice explaining the owner’s right to appeal the accounting to the County Hearing Officer as provided in section 7-15-3740 of this Article, to the owner of the affected real property at the address described in section 7-15-3600 of this Article, unless the owner has otherwise requested in writing, and to any mortgagee, lienholders of record, or beneficiary under a deed of trust.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3740 APPEAL ON STATEMENT OF EXPENSE: NOTICE:

(a) The owner or other interested person may appeal for a modification of the statement of expense to the County Hearing Officer. Any appeal to the County Hearing Officer shall be in writing and shall be filed with the Clerk of the Board within ten (10) calendar days after the date of mailing of the notice and statement of expense. An appeal shall specifically set forth the grounds of the appeal. At the time of filing the appeal, the appellant shall pay a fee adequate to cover the cost of processing and hearing the appeal as established from time to time by resolution of the Board of Supervisors. The appellant may request a waiver of the fee pursuant to section 1-31-1060 of this Code.

(b) The Clerk of the Board shall mail notice to the appellant of the date and time that the County Hearing Officer will hear the appeal, which date shall be not less than ten (10) calendar days after the date of mailing the notice.

(c) Unless otherwise expressly stated by the owner, payment of the cost of abatement and the cost of administration prior to said hearing shall be deemed a waiver of the right thereto and an admission that said statement of expenses is accurate and reasonable.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3750 HEARING ON APPEAL: STATEMENT OF EXPENSE:

(a) At the time fixed by the Clerk of the Board, the County Hearing Officer shall hear the appeal on the statement of expense. The owner or other interested party may appear and be heard on the questions of whether the accounting and the costs included are accurate and reasonable.

(b) The statement of expense shall be admitted into evidence. The owner shall bear the burden of proving that the statement of expense is not accurate or reasonable.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3760 MODIFICATIONS:

The County Hearing Officer may make such modifications in the statement of expense as he or she deems necessary based on the evidence at the hearing, and thereafter shall confirm the accounting in a written decision.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3770 LIABILITY FOR COST OF ABATEMENT: SPECIAL ASSESSMENT AND LIEN:

(a) The owner of the real property shall be liable for the costs of the abatement, including the cost of administration, and any applicable attorney’s fees, as so determined.

(b) If the costs related to abating public nuisances pursuant to this Article, including the applicable cost of administration, and any applicable attorney’s fees, exceed the proceeds from the sale of any materials obtained from razing the property, if any, then the Board may order that any such costs and fees that remain unpaid on or after the fifth (5th) calendar day following service of the County Hearing Officer decision confirming the costs and fees and demanding payment shall be placed upon the County tax roll by the County Auditor as special assessments against the property on which the building(s) or structure(s) were located, and collected at the same time and in the same manner as ordinary county taxes are collected, or placed on the unsecured roll. Service of the resolution confirming the abatement costs and fees, and demand for payment, shall be completed in the manner outlined in section 7-15-3600, though the statement of expenses need not be recorded. All laws applicable to the levy, collection, and enforcement of County taxes shall be applicable to such special assessments. If any person pays the expenses of abatement prior to the placement of the special assessment on the tax roll, then the County Auditor shall not place the special assessment on the tax roll.

(c) If the Board orders the costs and fees to be specially assessed against the real property, the Board may also order that a notice of abatement lien be recorded against the affected real property until such costs and fees have been paid in full. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered, and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost and fees.

(d) In lieu of specially assessing and liening the abatement costs pursuant to subsections (b) and (c) above, the Board of Supervisors may determine that the net expense to the County of abating the nuisance shall be a personal obligation of the property owner(s) and direct the County Counsel to bring legal action to collect said net expense.

(e) Recovery of costs and fees pursuant to this section shall be in addition to and shall not limit any prevailing party’s right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3780 PAYMENT OF COST OF ABATEMENT AS CONDITION PRECEDENT TO FUTURE ENTITLEMENTS:

The Board may order that the payment of the cost of abating nuisances pursuant to this Chapter, and the applicable cost of administration, become a condition precedent to the issuance of any and all pending or future permits or entitlements for use requested from the County by any person found responsible for the payment of such costs.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3790 SECOND OR SUBSEQUENT ABATEMENT: TREBLE DAMAGES:

As authorized by Government Code section 25845.5, upon a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this Chapter, except for conditions abated pursuant to section 17980 of the Health and Safety Code, a court may order the owner shall be liable to pay treble the costs of the abatement.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3800 NOTICE OF FINAL DISPOSITION:

The enforcement officer shall record notice of final disposition of any action or proceeding instituted pursuant to this Article immediately following final resolution of the action or proceeding.

(Added by Ord. No. 3564, effective 7-4-19)

7-15-3810 APPEAL FROM BOARD DECISION:

Judicial review of a decision of the County Hearing Officer made after a hearing pursuant to this Article shall be made pursuant to section 1094.6 of the California Code of Civil Procedure where and to the extent said section may be applicable.

(Added by Ord. No. 3564, effective 7-4-19)