2022 California Administrative Code, Title 24, part 1 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Building Code, Title 24, Part 2, Volume 1 and 2, is hereby adopted as though set forth in full, including Appendix P Emergency Housing.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Residential Code, Title 24, Part 2.5 is hereby adopted as though set forth in full, including Appendix Z Emergency Housing.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Electrical Code, Title 24, Part 3 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Mechanical Code, Title 24, Part 4 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Plumbing Code, Title 24, Part 5 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Energy Code, Title 24, Part 6 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Green Building Code, Title 24, Part 11 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 11-09, passed 9-20-2011; Ord. 10-21, passed 12-7-2010)

   2022 California Referenced Standards Code, Title 24, Part 12 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010)

   2022 California Historical Building Code, Title 24, Part 8 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013)

   2022 California Existing Building Code, Title 24, Part 10 is hereby adopted as though set forth in full.

(Ord. 2023-02, passed 1-17-2023; Ord. 16-14, passed 1-17-2017; Ord. 13-07, passed 12-3-2013)

   That certain document, in book form, known and designated as the Uniform Housing Code, 1997 Edition, as prepared and published by the International Conference of Building Officials, hereby adopts Chapter 4 Definitions, Chapter 5 Occupancy, and two sections of Chapter 7.701.2 Electrical and 701.3 Ventilation.

(1995 Code, § 4.20.010) (Ord. 07-29, passed 12-18-2007; Ord. 96-1784, passed --1996)

   (A)   Purpose. The purpose of this section is to establish an equitable, practical and efficient procedure whereby the city can recover costs incurred in abatement actions prior to giving notice to the property owner of the abatement actions.

   (B)   Scope. These provisions shall apply to all substandard buildings or structures which are in existence or which may hereafter become substandard in this jurisdiction.

   (C)   Authority. Nothing in these sections shall impact the city’s authority to recover nuisance abatement costs as otherwise prescribed in this code.

(1995 Code, § 4.20.020) (Ord. 96-1780, passed - -1996)

   For the purpose of these provisions, any building or structure which has any of the conditions or defects described in Chapter 10 of the Uniform Housing Code shall be deemed to be a substandard building, provided there is a threat to life, health, property or safety of the public because of the condition.

(1995 Code, § 4.20.030) (Ord. 96-1780, passed - -1996)

   The Health Officer, Fire Marshal, Building Official, as these persons are described in the Uniform Housing Code and any other law enforcement, Fire Department or city personnel, or his or her designee, shall be authorized to inspect a building or structure or make entry upon the premises for the purpose of determining if the building, structure, or premises are safe where reasonable cause exists that the building or premises is substandard, unsafe or hazardous.

(1995 Code, § 4.20.040) (Ord. 96-1780, passed - -1996)

   (A)   Upon inspection and determination that the building or structure is substandard, unsafe or that a hazardous condition exists which poses a threat to the life, health or safety of the public or the building’s occupants, the above authorized official may take such immediate action necessary to render the premises safe.

   (B)   Remedial actions may include, but are not to be limited to the following:

      (1)   Perform visual inspection of building site to ascertain extent of remedial action to be undertaken;

      (2)   Post building site with “DO NOT ENTER” or “UNSAFE TO OCCUPY” signs;

      (3)   Install barricades or tape perimeter to warn public of danger;

      (4)   Secure the property or building to prevent public entry. Such action includes:

         (a)   Installation of plywood or other materials to close doorways or windows; and/or

         (b)   Fencing property to prevent public access.

      (5)   Removal of hazardous or toxic material;

      (6)   Request removal or securing of utilities to lessen hazardous condition;

      (7)   Research public records to locate owner of property to properly notify of remedial action taken; and

      (8)   Issue notice to vacate orders to occupants.

(1995 Code, § 4.20.050) (Ord. 96-1780, passed - -1996)

   (A)   Costs incurred in taking remedial actions pursuant to this chapter are recoverable from the property owner.

   (B)   These costs include, but are not limited to, the following:

      (1)   Purchase of materials (e.g. plywood, fencing material);

      (2)   Labor costs (e.g. contractors and city personnel);

      (3)   Replacement costs of equipment and/or clothing damaged in the remedial action;

      (4)   Dumping and hauling fees;

      (5)   Equipment rental fees;

      (6)   Costs in preparation, posting and serving notice to property owner of commencement of proceedings to cause the repair, rehabilitation, vacation or demolition of the building; and

      (7)   Any other cost/expense incurred in taking the remedial actions identified in § 4.20.050 of this chapter.

(1995 Code, § 4.20.060) (Ord. 96-1780, passed - -1996)

   (A)   The Director of Public Works or his or her designee shall keep an itemized account of the expenses incurred in taking remedial actions provided for herein.

   (B)   Upon completion of the remedial action, the Director shall prepare and file a report with the City Clerk of the City of Tulare specifying:

      (1)   Nature of the work done;

      (2)   Itemized cost of the work;

      (3)   Description of property upon which the work was done; and

      (4)   Names and addresses of the owners of record. The Clerk shall include these costs in its presentation to the City Council in recovering costs pursuant to § 4.20.010 of this chapter.

(1995 Code, § 4.20.070) (Ord. 96-1780, passed - -1996)

   Whenever any of the following terms are used in this chapter, such terms shall have the following meanings.

   BOARD OF APPEALS. The Board of Appeals created pursuant to the provisions of the Uniform Building Code.

   BUILDING OFFICIAL. The city’s Building Official and any assistant or employee in his or her office designated as his or her representative.

   INSTRUMENT OF CREDIT. An instrument 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.

   NEGOTIABLE BONDS. Negotiable bonds of the kind approved for securing deposits of public money.

(1995 Code, § 4.32.010)

   No building or structure may be relocated on or moved onto any real property in the City of Tulare until a valid relocation permit has been secured from the Building Official.

(1995 Code, § 4.32.020)

   Except as otherwise provided in § 4.32.040, 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 the 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 the 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 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 city; and/or

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

(1995 Code, § 4.32.030)

   If the building or structure to be moved fails to meet any of the standards set forth in § 4.32.030, 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 § 4.32.030, and it does not appear possible or practical for the defects to be corrected, the Building Official shall deny the relocation permit.

(1995 Code, § 4.32.040)

   In order to determine any of the matters presented by the application, the Building Official may cause any investigation to be made which he or she believes necessary or helpful, and he or she may refer the matter to the Board of Appeals for further investigation. If the Board of Appeals deems it necessary or expedient so to do, it may set any application for hearing before a member of the Board of Appeals or representative thereof, and cause the notice of the time, place and purpose of the hearing to be given as the Board of Appeals may deem appropriate. Thereafter, the findings of the hearing shall be reported to the Board of Appeals for its consideration along with any other information before it.

(1995 Code, § 4.32.050)

   The Building Official, in granting a relocation permit, may impose thereon such terms and conditions as he or she 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.

(1995 Code, § 4.32.060)

   The Building Official shall not issue a relocation permit, subject to terms and conditions, until the applicant posts or deposits security with the Building Official. The security shall be in the form of a surety bond, a cash deposit, an instrument of credit or negotiable bonds. If a surety bond is furnished, it shall be executed by the applicant, as principal, and by a surety company authorized to do business in this state, as surety. The surety bond shall be joint and several in form and shall name the city as obligee. The security furnished by the applicant, regardless of the form of the security, shall be in an amount equal to the estimated cost, plus 10% of the work required to be done in order to comply with all of the terms and conditions of the permit, the estimate to be made by the Building Official.

(1995 Code, § 4.32.070)

   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 housemover.

(1995 Code, § 4.32.080)

   All security posted or deposited pursuant to this chapter 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; and

   (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 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 the time period has expired, by a written order of the Building Official.

(1995 Code, § 4.32.090)

   Whenever the Building Official determines that a default has occurred in the performance of any term or condition of a relocation permit, he or she shall give written notice of the 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 Building Official to be reasonably necessary for the completion of the work. If a surety bond has been pushed, the surety shall cause the required work to be performed within the time specified in the notice and, if the work is not performed, the Building Official shall cause the required work to be done by contract or otherwise, in his or her discretion, and the City Attorney shall commence the necessary legal proceedings to recover the cost of performing the work plus 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 the security and cause the required work to be done by contract or otherwise, in his or her discretion. Upon completion of the work, the balance, if any, of the 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 10%, shall be returned to the permittee or his or her successors or assigns.

(1995 Code, § 4.32.100)

   In lieu of performing the work required in a relocation permit, a permittee 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 permittee, the surety shall have the same option.

(1995 Code, § 4.32.110)

   Any surety bond or instrument of credit posted as security pursuant to this chapter 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 or her successors or assigns when all of the terms and conditions of the relocation permit have been complied with, except any portion of the security that has been used or deducted pursuant to the provisions of this chapter.

(1995 Code, § 4.32.120)

   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 in behalf of the surety, or the Building Official or any person employed or engaged on his or her behalf, 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 of the City 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 the permit.

(1995 Code, § 4.32.130)

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

(1995 Code, § 4.32.140)

   Any person violating, or causing or permitting to be violated, any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and 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 provision of this chapter is committed, continued or permitted.

(1995 Code, § 4.32.150)

   Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions.

   COMMISSION. The Public Utilities Commission of the State of California.

   PERSON. Individuals, firms, corporations, partnerships and their agents and employees.

   POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES. Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

   UNDERGROUND UTILITY DISTRICT or DISTRICT. That area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of § 4.40.040 of this chapter.

   UTILITY. All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(1995 Code, § 4.40.010)

   The Council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of the hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

(1995 Code, § 4.40.020)

   Prior to holding the public hearing, the Director of Public Works shall consult with all affected utilities and shall prepare a report for the hearing by the City Council containing, among other information, the extent of the utilities’ participation and estimates of the total costs to the city and affected property owners. The report shall also contain an estimate of the time required to complete the underground installation and removal of the overhead facilities.

(1995 Code, § 4.40.030)

   If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires removal and underground installation within a designated area, the Council shall, by resolution, declare the designated area an Underground Utility District and order the removal and underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which the removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for the removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for the removal and for the installation of the underground facilities as may be occasioned thereby.

(1995 Code, § 4.40.040)

   Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 4.40.040 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the date when the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in § 4.40.100 hereof, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.

(1995 Code, § 4.40.050)

   Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 60 days, without authority of the Director of Public Works in order to provide emergency service. The Director of Public Works may grant special permission, on such terms as the Director of Public Works may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

(1995 Code, § 4.40.060)

   This chapter and any resolution adopted pursuant to § 4.40.040 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

   (A)   Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

   (B)   Poles or electroliers used exclusively for street lighting;

   (C)   Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when the wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

   (D)   Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

   (E)   Overhead wire attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

   (F)   Antennae, associated equipment and supporting structures, used by a utility for furnishing communications services;

   (G)   Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts; and

   (H)   Temporary poles, overhead wires and associated overhead structures used in providing power or communications to construction projects.

(1995 Code, § 4.40.070)

   Within ten days after the effective date of a resolution adopted pursuant to § 4.40.040 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The City Clerk shall further notify the affected property owners of the necessity that, if they or any person occupying the property desire to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 4.40.040 together with a copy of this chapter to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(1995 Code, § 4.40.080)

   If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 4.40.040 hereof, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.

(1995 Code, § 4.40.090)

   (A)   Every person owning, operating, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in § 4.40.090 and the termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs on the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to § 4.40.040 hereof, the Director of Public Works shall give notice in writing to the person in possession of the premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of the notice.

   (B)   The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mall on either of such persons, the notice must be deposited in the United States Mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as the owner’s name appears, and must be addressed to the owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Tulare. If notice is given by mail, the notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of the premises, the Director of Public Works shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises.

   (C)   The notice given by the Director of Public Works to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within 30 days after receipt of the notice, the Director of Public Works will provide the required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon the property.

   (D)   If upon the expiration of the 30-day period, the required underground facilities have not been provided, the Director of Public Works shall forthwith proceed to do the work; provided, however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the Director of Public Works shall in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the Director of Public Works, he or she shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which the cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of the work upon the premises, which time shall not be less than ten days thereafter.

   (E)   The Director of Public Works shall forthwith, upon the time for hearing the protests having been fixed, give a notice in writing to the person in possession of the premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon the report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment.

   (F)   Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

   (G)   If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Director of Public Works, and the Director of Public Works is directed to turn over to the Assessor and Tax Collector a notice of lien on each of the properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.

(1995 Code, § 4.40.100)

   City shall remove, at its own expense, all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of the poles to remove the same within the time specified in the resolution enacted pursuant to § 4.40.040 hereof.

(1995 Code, § 4.40.110)

   In the event that any act required by this chapter or by a resolution adopted pursuant to § 4.40.040 hereof cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which the act will be accomplished shall be extended for a period equivalent to the time of the limitations.

(1995 Code, § 4.40.120)

   The 1997 Uniform Code for the Abatement of Dangerous Buildings is hereby adopted as though set forth in full.

(1995 Code, § 4.44.010) (Ord. 13-07, passed 12-3-2013; Ord. 96-1784, passed - -1996)

   (A)   Purpose. The purpose of this section is to establish an equitable, practical and efficient procedure whereby the city can recover costs incurred in abatement actions prior to giving notice to the property owner of the abatement actions.

   (B)   Scope. These provisions shall apply to all dangerous buildings or structures which are in existence or which may hereafter become dangerous in this jurisdiction.

   (C)   Authority. Nothing in these sections shall impact the city’s authority to recover nuisance abatement costs as otherwise prescribed in this code.

(1995 Code, § 4.44.020) (Ord. 96-1777, passed - -1996)

   (A)   For the purpose of these provisions any building or structure which has any of the conditions or defects described in § 3 of the Uniform Code for the Abatement of Dangerous Buildings shall be deemed to be a dangerous building, provided there is a threat to life, health, property or safety of the public because of the condition.

(1995 Code, § 4.44.030) (Ord. 96-1777, passed - -1996)

   The Health Officer, Fire Marshal, Building Official, as these persons are described in the Uniform Code for the Abatement of Dangerous Buildings, and any other law enforcement, fire department or city personnel or his or her designee shall be authorized to inspect a building or structure or make entry upon the premises for the purpose of determining if the building, structure or premises are safe where reasonable cause exists that the building or premises is unsafe, dangerous or hazardous.

(1995 Code, § 4.44.040) (Ord. 96-1777, passed - -1996)

   (A)   Upon inspection and determination that the building or structure is unsafe or that a dangerous or hazardous condition exists which poses a threat to the life, health or safety of the public or the buildings occupants, the above authorized official may take such immediate action necessary to render the premises safe.

   (B)   The remedial actions may include, but are not to be limited to the following:

      (1)   Perform visual inspection of building site to ascertain extent of remedial action to be undertaken;

      (2)   Post building site with “DO NOT ENTER” or “UNSAFE TO OCCUPY” signs;

      (3)   Install barricades or tape perimeter to warn public of danger;

      (4)   Secure the property or building to prevent public entry. Such action includes:

         (a)   Installation of plywood or other materials to close doorways or windows; and/or

         (b)   Fencing property to prevent public access.

      (5)   Removal of hazardous or toxic material;

      (6)   Request removal or securing of utilities to lessen hazardous condition; and

      (7)   Research public records to locate owner of property to properly notify of remedial action taken.

(1995 Code, § 4.44.050) (Ord. 96-1777, passed - -1996)

   (A)   Costs incurred in taking remedial actions pursuant to this chapter are recoverable from the property owner.

   (B)   These costs include, but are not limited to, the following:

      (1)   Purchase of materials (e.g. plywood, fencing material);

      (2)   Labor costs (e.g. contractors and city personnel);

      (3)   Replacement costs of equipment and/or clothing damaged in the remedial action;

      (4)   Dumping and hauling fees;

      (5)   Equipment rental fees;

      (6)   Costs in preparation, posting and serving notice to property owner of commencement of abatement action; and

      (7)   Any other cost/expense incurred in taking the remedial actions identified in § 4.44.050 of this chapter.

(1995 Code, § 4.44.060) (Ord. 96-1777, passed - -1996)

   (A)   The Director of Public Works or his or her designee shall keep an itemized account of the expenses incurred in taking remedial actions provided for herein.

   (B)   Upon completion of the remedial action, the Director shall prepare and file a report with the City Clerk of the city specifying:

      (1)   Nature of the work done;

      (2)   Itemized cost of the work;

      (3)   Description of property upon which the work was done; and

      (4)   Names and addresses of the owners of record. The Clerk shall include these costs in its presentation to the City Council in recovering costs pursuant to § 4.44.010 of this chapter.

(1995 Code, § 4.44.070) (Ord. 96-1777, passed - -1996)

   A permit shall authorize only that work specified in the application therefore.

(1995 Code, § 4.70.010) (Ord. 02-1910, passed 11-19-2002)

   In the use and enforcement of these codes whenever any of the following names or terms are used they shall be deemed and construed as follows.

   ALL-WEATHER DRIVING SURFACE. A concrete or asphalt covering over base material and a roadbed compacted to 90% and of sufficient thickness to support the imposed loads of fire apparatus or that approved by the Fire Chief.

   ASSISTANTS. Any police officer, inspector or other employee appointed or designated by the City Manager or the Planning and Building Director of the City of Tulare to carry out the functions of this chapter of the Code of the City of Tulare.

   ATTORNEY. The City Attorney for the City of Tulare.

   AUTHORITY HAVING JURISDICTION. The Building Division of the City of Tulare.

   AUTOMATIC FIRE DETECTION SYSTEM. An approved system, which automatically detects a fire condition and actuates a fire alarm system device.

   BUILDING OFFICIAL and/or ADMINISTRATIVE AUTHORITY. As used in these codes, the Planning and Building Director and his or her duly appointed deputies or designated representatives.

   CITY. The City of Tulare.

   DANGEROUS BUILDINGS CODE. The Uniform Code for the Abatement of Dangerous Buildings as adopted in Chapter 4.44 of the Code of the City of Tulare.

   FIRE PREVENTION BUREAU. The City of Tulare Fire Department.

   FIRE PREVENTION ENGINEER, FIRE MARSHAL or FIRE PREVENTION OFFICER. That chief officer designated by the Fire Chief as being in charge of the Fire Safety Division.

   MUNICIPALITY. The City of Tulare.

   PORTABLE HOT TUB OR SPA. A non-permanent structure intended for recreational bathing, in which all control, water-heating and water- circulating equipment is an integral part of the product, located entirely under the spa or hot tub skirt, and is cord connected rather than permanently electrically wired.

   SPA OR HOT TUB LISTED SAFETY COVER. A locking safety cover that complies with the American Society for Testing Materials (ASTM) specifications and/or standards.

   SWIMMING POOL. Any body of water within a structure constructed for the purposes of swimming and contains water over 18 inches deep. This includes without limitation all portable, moveable, collapsible, storable and permanent in-ground, above-ground and on-ground swimming pools, garden ponds, spas, hot tubs and wading pools.

   TECHNICAL CODES. Codes of the City of Tulare and any other code(s) that may be adopted by resolution of the City Council.

   THE BUILDING DEPARTMENT. The Building Division of the Planning and Building Department of the City of Tulare.

(1995 Code, § 4.70.020) (Ord. 02-1910, passed 11-19-2002)

   No permit shall be required under this chapter for any recognized public utility company for the installation, alteration or repair of service lines or pipes for the use by such company in the distribution, generation, transmission and metering of gas, electricity or water, or for testing of the equipment.

(1995 Code, § 4.70.030) (Ord. 02-1910, passed 11-19-2002)

   In addition to the fees adopted by this chapter, fees shall be charged when special inspection or information is requested by any person other than that covered by the code, and for other such inspections and items as may be determined by resolution of the City Council.

(1995 Code, § 4.70.040) (Ord. 02-1910, passed 11-19-2002)

   (A)   Any person, whether as principal, agent, employee or otherwise, interfering, obstructing or preventing, or causing the interference, of the enforcement or performance of any of the provisions of this chapter or the provisions of any code adopted by this chapter, by the Building Official or other authorized persons, and any person violating any of the provision of this chapter, shall be deemed guilty of a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding $1,000, or by both fine and imprisonment. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the City Attorney, may reduce the charged offense from misdemeanor to an infraction.

   (B)   Any person convicted of an infraction under this chapter shall be punished by:

      (1)   A fine not exceeding $100 for a first violation;

      (2)   A fine not exceeding $200 for the second violation of this chapter within one year; and

      (3)   A fine not exceeding $500 for each additional violation of this chapter within one year.

   (C)   Any person found guilty of violating this chapter shall comply with provisions which he or she has been convicted of violating and shall abate and correct the illegal conditions which he or she has brought about by the erection, construction, enlargement, alteration, repair, improvement or conversion of which he or she has been convicted. The conviction and punishment of any violation shall not relieve such person of liability to be compelled in appropriate civil or criminal proceedings to correct prohibited conditions or remove prohibited structures.

   (D)   Each day that a violation continues shall be regarded as a new and separate offense.

(1995 Code, § 4.70.050) (Ord. 02-1910, passed 11-19-2002)

   Any structure shall be substantially complete and pass a final inspection, as set forth in the California Building Code, and any improvements required by conditions of approval or California Building Code or zoning ordinance or any Engineering Department requirements shall be completed or bonded or a deposit submitted to the city, prior to occupancy or permanent connection of utilities. All projects for which a building permit is required shall receive the required final inspection upon completion of the project. It shall be the duty of the permit applicant to call for a final inspection. Building permits shall expire by limitation under the provisions of the California Building Code.

(1995 Code, § 4.70.060) (Ord. 12-09, passed 8-21-2012; Ord. 02-1910, passed 11-19-2002)

   On all construction projects, there shall be provided adequate toilet facilities for all employees. The Building Official shall approve all toilet facilities.

(1995 Code, § 4.70.070) (Ord. 02-1910, passed 11-19-2002)

   (A)   Expiration. Notwithstanding the requirements of the individual codes adopted by this chapter, and subject to the exceptions provided below, every permit issued by the Building Official, under the provisions of this chapter, shall expire by limitation and become null and void if the building or work authorized by the permit is not completed by the owner, owner’s agent, or the permittee and approved by the city within the following time limits commencing on the date of the permit issuance.

   (B)   Re-issuance. After completion of all permit entitlements under the Uniform Building Code, the following time units shall apply for re-issuance of the permit:

 

   (C)   Exception.

      (1)   Upon written request of the owner or permittee, the Building Official may extend the period for completion of construction for a period not to exceed six months. The written request must be submitted to the Building Official prior to the date of expiration of the permit in question and shall demonstrate that:

         (a)   Due to circumstances beyond the owner or permittee’s control, construction could not be completed in the above specified construction time period;

         (b)   That reasonable progress has been made;

         (c)   That the condition of the property presents no health or safety hazard; and

         (d)   That the continuing delay will not create any unreasonable visual or physical detriment to the neighborhood.

      (2)   No permit shall be extended more than once.

   (D)   Note.

      (1)   REASONABLE PROGRESS. A demonstration that all means reasonably available to the permitee to complete the work within the prescribed time have been exhausted.

      (2)   REMODELING. Construction of work which constitutes construction, enlargement, alteration, erection, repair, demolition or improvement, of an existing building, structure or other improvement located on a piece of property.

      (3)   Every permit issued by the Building Official, under the provisions of this chapter, shall expire by limitation and become null and void. At which time the city will declare the unfinished project a public nuisance and seek abatement according to the code.

(1995 Code, § 4.70.080) (Ord. 02-1910, passed 11-19-2002)

   (A)   During repair, enlargement, construction, remodel, improvement or alteration, all property shall be maintained in a reasonably clean and well-kept manner.

   (B)   All lumber and building materials shall be neatly piled or stacked in a safe manner. All lumber and materials used in conjunction with a residential addition, remodel or repair shall be stored in the rear yard of the residential property or inside the building construction perimeter.

   (C)   Exception: Building materials may be stored in a front yard, as long as a safety hazard is not created, for a period not to exceed 30 days.

   (D)   The exterior walls and roofs of buildings or structures in connection with a residential addition, remodel or repair shall be covered with finished materials, in accordance with city-approved plans and the Building Code within six months from the commencement of construction. A waiver of this requirement may be obtained from the Building Official or his or her designated representative if the construction is screened from view from adjacent private occupied property, public property or public right-of-way with fencing materials approved by the Planning and Building Director.

(1995 Code, § 4.70.090) (Ord. 02-1910, passed 11-19-2002)

   The responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety as they relate to Group R. Division 3 dwellings, as described in Section 310.1 of Part 2 of the California Building Standards Code shall be the Fire Marshal of the City of Tulare.

(Ord. 07-29, passed 12-18-2007)

   These regulations shall be known as the Residential Rental Inspection Ordinance of the City of Tulare, may be cited as such, and will be referred herein as "this code."

(Ord. 07-26, passed 12-18-2007)

   The purpose of this code is to safeguard the stock of decent, safe, and sanitary rental housing units within the city and to protect persons entering, including property owners residing or owning rental units by providing for inspection of rental housing units and the common areas when certain indicators as set forth in § 4.80.050(C), show that violations of the city Housing and Building Codes and Zoning Ordinance may exist in a unit pursuant to a systemic city-wide inspection program.

(Ord. 07-26, passed 12-18-2007)

   The provisions of this code shall apply to all rental housing units and to all hotel and motel units as herein defined.

(Ord. 07-26, passed 12-18-2007)

   IMMINENT HAZARD. All buildings or portions thereof which are determined after inspection by the Building Official to be unsafe, substandard, or dangerous as defined in the most currently adopted building and accessory code, including the Uniform Code for the Abatement of Dangerous Buildings, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal as specified in the building abatement ordinance.

      (1)   Any residential dwelling in a single structure, or in a group of attached or detached structures containing one or more such dwelling units on the same parcel of land under common ownership that:

         (a)   Contains one or more rooms with a single kitchen designed for living and sleeping purposes as an independent housekeeping unit, and

         (b)   Is occupied or intended to be occupied on a rental basis. For the purposes of this section, the following types of dwelling units or facilities are not considered rental housing units:

            1.    Accommodations in any hospital, extended care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an educational institution.

            2.   Accommodations in a non- profit cooperative that is owned, occupied, and controlled by a majority of the residents.

      (2)   For purpose of this section, common ownership shall be deemed to exist whenever a single individual or entity has any kind of ownership interest whether as an individual, partner, joint venturer, stock owner, or some other capacity.

(Ord. 07-26, passed 12-18-2007)

      (1)   The city hereby institutes a systemic code enforcement program that will ensure that residential rental units, hotels, and motels are inspected over time. The program will include mandatory inspection of all units in the city.

      (2)   The mandatory inspection program is part of the city’s overall effort to encourage conservation of existing rental housing units, motels and hotels and insure that any prior conditions of approval from the Planning Commission or City Council are being maintained. Owners of these types of structures will be required to maintain these units to current Housing and Building Code standards. Owners and managers shall allow for the inspection of these units. If an owner or manager refuses to permit an inspection, the Enforcement Official is authorized to procure an inspection warrant.

      (3)   Owners and managers are required to maintain rental units as approved by the Planning Commission through a design review or conditional use permit entitlement. All conditions or approval are to be maintained as approved by the Planning Commission unless otherwise changed by the Planning Commission.

      (4)   Inspection services will not be provided if eviction proceedings have been initiated.

      (1)   Complaints from the occupant of a rental housing, motel or hotel unit that a code violation may exist;

      (2)   Records maintained by the Enforcement Official which were established during previous apartment inspection programs and which reflect the prior existence of code violations and/or the absence of correction of such violations;

      (3)   Direct referrals for inspection from other city officials with code enforcement responsibility or from officials of a federal, state, or local agency, or from officials with a public or private utility; or

      (4)   Reports that the exterior condition of rental housing, motel, or hotel unit reflects the existence of code violations.

      (1)   Upon presentation of proper credentials, the Enforcement Official, after having obtained the consent of the owner or occupant, may enter any rental housing or motel or hotel unit at reasonable times during daylight hours to perform any inspection required by this code.

      (2)   Except in emergency situations the Enforcement Official shall not enter any rental housing, motel or hotel unit without the consent of the owner or occupant thereof unless an inspection warrant therefore has been obtained and issued in the manner provided by the Code of Civil Procedure of the State of California.

   (G)   Correction notice. Whenever the Enforcement Official determines that a rental property is being maintained in violation of one or more of the provisions of the Housing or Building Code, the Enforcement Official shall give written notice to the owner of said property stating the section(s) being violated. The notice shall set forth a reasonable time limit for the owner to correct the condition, which except in emergency situations, shall be no less than ten calendar days from the date of the notice, and which may also set forth suggested methods of correcting the violation(s). The notice shall direct the property owner either to correct the violation(s) or request an Administrative Hearing to show cause why the condition(s) does not constitute a violation(s).

(Ord. 07-26, passed 12-18-2007)

   The annual fees and penalty charges for any inspection or re-inspection performed pursuant to the provisions of this code shall be established from time to time by resolution of the City Council. Payment of such fees shall be made by owner of the rental housing, hotel or motel unit upon demand by the city.

(Ord. 07-26, passed 12-18-2007)

      (1)   After confirmation of the fees charged, the same shall become a special assessment against the property affected.

      (2)   A copy of the assessment shall be given to the City Finance Director, who may receive payment thereon until a list of unpaid assessments shall have been sent annually to the County Auditor for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the property reported shall be those used for the same property on the County Assessor's map books for the current year. All laws and ordinances applicable to the levy, collection, and enforcement of city taxes are hereby made applicable to the assessment hereby imposed, and the lien of said assessment shall have priority of the taxes with which it is collected.

(Ord. 07-26, passed 12-18-2007)

   It is the purpose an intent of the Tulare City Council, through the adoption of this chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

(Ord. 09-07, passed - -2009)

   For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

   ABANDONED. A property that is vacant and is under a current Notice of Default and/or Notice of Trustee's Sale, pending Tax Assessors Lien Sale and/or properties that have been the subject of foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

   DEED OF TRUST. An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan. Used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust i.e. second trust deed, third deed, and the like.

(Ord. 09-07, passed - -2009)

   Within ten days of the purchase and/or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the Tulare County Recorders Office, an assignment of rents, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/ trustee responsible for receiving payments associated with the loan/deed of trust.

(Ord. 09-07, passed - -2009)

   (A)   Any beneficiary/trustee, who holds a deed of trust on a property located within the City, shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a Notice of Default with the Tulare County Recorders Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten days of the inspection, register the property with the Director of Planning and Building or his or her designee on forms provided by the city.

   (B)   If the property is occupied but remains in default it shall be inspected by the beneficiary/trustee, or his designee, monthly until (1) The trustor other or party remedies the default; or (2) It is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned, and the trustee shall, within ten days of that inspection, register the property with the Director of Planning and Building or his or her designee on forms provided by the city.

   (C)   In either case, the registration shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary/ trustee and, in the case of a corporation or out of area beneficiary/trustee, the local property management company responsible for the security, maintenance and marketing of the property. Registration fees will not be prorated.

   (D)   An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due.

   (E)   This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

   (F)   Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant.

   (G)   Any person, firm or corporation that has registered a property under this chapter must report any change of information contained in the registration within ten days of the change.

(Ord. 09-07, passed - -2009)

   (A)   Properties subject to this section shall be, in comparison to the neighborhood standard, kept free of weeds, dry bush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, accept those required by federal, state or local law, discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

   (B)   The property shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.

   (C)   Visible front and side yards shall be landscaped and maintained to the neighborhood standard at the time registration was required.

   (F)   Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.

   (G)   Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any Covenants Conditions and Restrictions and/or Homeowners Association rules and regulations which may apply to the property.

(Ord. 09-07, passed - -2009)

   (A)   Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

   (C)   If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, are being met.

   (D)   The property shall be posted with name and a 24-hour contact phone number of the local property management company. The posting shall be no less than 18 inches by 24 inches and shall be of font that is legible from a distance of 45 feet and shall contain along with the name and 24-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL". The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street, or if no such area exists, on a stake of sufficient size to support the posting in a location that is visual from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather resistant materials.

   (E)   The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter.

(Ord. 09-07, passed - -2009)

   In addition to the enforcement remedies established in Chapters 1.12, 1.61 and 7.28, the Director of Planning and Building or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of on-site security guard or other measures as may be reasonably required to arrest the decline of the property.

(Ord. 09-07, passed - -2009)

   The fee for registering an abandoned residential property shall be set by resolution of the City Council.

(Ord. 09-07, passed - -2009)

   Violations of this chapter may be enforced in any combination as allowed in Chapters 1.12, 1.61 and 7.28.

(Ord. 09-07, passed - -2009)

   Any person aggrieved by any of the requirements of this chapter may appeal insofar as such appeal is allowed under Sections 1.61.080 or 7.28.180.

(Ord. 09-07, passed - -2009)

   Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this section shall be subject to prosecution and/or administrative enforcement under Chapters 1.12 and 1.61.

(Ord. 09-07, passed - -2009)

   Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect.

(Ord. 09-07, passed - -2009)

   The City Council of the City of Tulare in an effort to more efficiently administer all fines, as referenced within each chapter of the Tulare Municipal Code and associated with its administrative citation process hereby sets forth an Administrative Fine Schedule to be established and adopted by resolution.

(Ord. 10-15, passed 4-20-2010)

   The purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with Cal. Gov't Code § 65850.5, to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The chapter encourages the use of solar systems by establishing prescriptive guidelines, minimizing costs to property owners and the City of Tulare, and expanding the ability of property owners to install solar energy systems.

(Ord. 15-08, passed 10-6-2015)

   The following words and phrases as used in this section are defined as follows:

      (1)   E-mail;

      (2)   The internet;

      (3)   Facsimile.

      (1)   A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

      (2)   A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and Cal. Civil Code § 714(c)(iii), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

      (3)   A solar energy system that is installed on a single or duplex family dwelling.

      (4)   A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

(Ord. 15-08, passed 10-6-2015)

   (A)   Cal. Gov't Code § 65850.5 provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

   (B)   Cal. Gov't Code § 65850.5 provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.

   (C)   The checklist shall be published on the city's internet website. The applicant may submit the permit application and associated documentation to the city's building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

   (D)   Prior to submitting an application, the applicant shall:

      (1)   Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

      (2)   At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

   (E)   For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

   (F)   An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

   (G)   Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

(Ord. 15-08, passed 10-6-2015)