Title 8: Buildings and Construction

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Chapters:

8.10  General
8.12  California Building Code
8.14  REPEALED – 11-13-07
8.16  California Electrical Code
8.18  California Plumbing Code
8.19  Requirement To Recycle Construction And Demolition Debris
         For Certain Construction, Demolition, And Renovation Projects
         Within The Town Of Apple Valley

8.20  Construction Site Maintenance and Trash Containment
8.21  California Mechanical Code
8.22  Uniform Solar Energy Code
8.24  Relocations
8.26  International Property Maintenance Code 2006 Edition - REPEALED 1-11-11
8.28  Uniform Housing Code
8.30  Outdoor Lighting
8.34  Regulation of Rental Housing Units

 


Chapter 8.10: GENERAL
 
Sections:
  • 8.10.010 Application of Title
  • 8.10.020 Purpose
  • 8.10.030 Scope
  • 8.10.040 Fees
  • 8.10.050 Substitution of References
  • 8.10.060 Copies
  • 8.10.070 Administration of Title
  • 8.10.080 Validity of Permits
  • 8.10.090 Remedies Cumulative
  • 8.10.100 Annual Permits
  • 8.10.110 Penalty for Violation
  • 8.10.120 Interpretation, Legal Procedure, and Penalties
  • 8.10.130 Adoption of Supplements


8.10.010 Application of Title.

The provisions of this Title 8 shall apply to all buildings, structures and building service equipment within the Town and to all parts thereof except as specifically or by necessary implication provided otherwise in this Title.

8.10.020 Purpose.

The purpose of this Title is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating the design, construction, quality of materials, use and occupancy, location and maintenance of buildings, equipment, structures and grading within the Town; the electrical, plumbing, heating, comfort cooling and certain other equipment specifically regulated herein; and the moving of buildings within, into, from and through the Town.

8.10.030 Scope.

The provisions of this Title shall apply to the construction, alteration, moving, demolition, repair and use of all buildings, equipment, and structures within the Town, except such as is exempted by law from regulation by the Town.

Additions, alterations, repairs, moving and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures, except as otherwise provided in this Title.

Where in any specific case different sections of this Title specify different materials, methods of construction or installation, or other requirements, those providing the greater safety to life or limb, property welfare shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

8.10.040 Fees.

(a) Fees authorized by this Title, or by a code adopted by reference in this Title, shall be established by ordinance or resolution of the Town in accordance with applicable law. The provisions of such resolution or ordinance shall govern in the event of an inconsistency between the resolution or ordinance and an adopted code.

(b) If a fee is authorized and established by a code adopted by this Title but the amount thereof has not been separately established by ordinance or resolution of the Town Council, then the amount of the authorized fee set forth in the incorporated code shall be assessed and collected.

(c) A permit paid for by check or warrant which is dishonored for any reason shall be automatically revoked.

8.10.050 Substitutions of References.

Whenever in any of the Uniform California Codes adopted in this Division, or on or in any location there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows, to wit:

(a) City of or any other similar reference to a political entity shall mean the incorporated territory of the Town of Apple Valley.

(b) “Director of Building and Safety”, “Electrical Safety Engineer”, “Administrative Authority” or any other similar term which makes reference to the individual official, board, department, or agency created by law to administer and enforce the provisions of the Codes adopted herein shall mean the Building Official and his or her Authorized Assistants.

(c) “City Council” shall mean the Town Council of the Town of Apple Valley.

8.10.060 Copies.

One copy of each Uniform Code adopted by this Title shall be kept on file in the office of the Town Clerk for reference use by the public.

8.10.070 Administration of Title.

The Building Official shall administer the provisions of this Title.

8.10.080 Validity of Permits.

Permits required by this Title shall be issued only in accordance with the provisions hereof. Any permit issued contrary to the provisions of this title shall be void and of no effect.

8.10.090 Remedies Cumulative.

Remedies provided to the Town for violations of this Title are cumulative with other remedies available to the Town, whether set forth in this Title or elsewhere. The convictions and punishment of a person for violating any provision of this Title shall not relieve such person of the obligation to comply herewith in all respects.

8.10.100 Annual Permits.

(a) Where any person, firm or corporation in the course of normal maintenance procedures proposes to install, alter or repair any electrical wiring, devices, appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration or water conservation equipment in an existing facility located on property under the direct control of such person, firm or corporation and is able to, and does in fact, furnish inspection service which meets the requirements and rules and regulations of the Town of Apple Valley Municipal Code, and whose operations are under the continuous supervision of a professional engineer or engineers, duly registered with and licensed by the State of California, such person, firm or corporation shall not be required to obtain approval at each consecutive inspection step of the installation, alteration or repair but shall be required only to obtain an annual permit or annual permits and assure that the work in progress is accessible to the Building Official for such periodic inspections as he or she may deem necessary.

(b) The fee for each separate Annual Permit

(Electrical, Plumbing, Mechanical) shall be based upon the number of employees doing work in the crafts covered in each Annual Permit in accordance with the Town of Apple Valley Municipal Code Schedule of Fees or such other applicable Town enactment.

(c) The designated responsible supervising engineer shall file with the Building Official a written report specifying the work done under the issued Annual Permit. Such written report shall be filed with the Building Official within thirty (30) days following the end of the fiscal year for which the permit was issued.

8.10.110 Penalty for Violation.

Where work for which a permit is required by the codes herein adopted is started or proceeded without first obtaining the required permit, a permit shall not be issued until all past due enforcement costs are paid. The enforcement costs are the actual costs, as specified in the Town of Apple Valley Municipal Code Schedule of Fees, or other applicable Town enactment, and must be paid on demand. The Building Official may use any legal means available to collect enforcement fees. The payment of such enforcement fees shall not relieve any persons from fully complying with the requirements of these Codes in the execution of the work nor from any other penalties prescribed herein. Any section in any of the codes herein adopted which is in conflict with this Section is hereby repealed.

8.10.120 Interpretation, Legal Procedure, and Penalties.

(a) Interpretation.

In interpreting and applying the provisions of this Title, said provisions shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare.

(b) Penalties.

(1) Any buildings or structures erected or maintained, or any use of property contrary to the provisions of this Title shall be and the same is hereby declared to be unlawful and a public nuisance and the Town Attorney may, upon request of the Building Official, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this Division.

(2) All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

(3) All other provisions of the Town Municipal

Code notwithstanding, any person violating or causing or permitting the violation of any of the provisions of this Chapter, or of any permit or exception granted hereunder, shall be guilty of an infraction or misdemeanor as hereinafter specified, and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.

Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein provided shall not relieve a person from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties the Court may order that the guilty person reimburse the Town for all of its costs for investigation, analysis and prosecution of the enforcement action against the guilty person. The Court shall fix the amount of any such reimbursements upon submission of proof of such costs by the Town.

(4) A Notice of Pendency of Administrative Action or Proceeding may be filed in the County Recorder’s Office at the time of commencement of action or proceeding or at any time before final judgment or order. The County Clerk shall record and index the pendency of action in the name of each person specified in the action or proceedings. After all required work has been completed and approved, the Building Official shall cause to be recorded in the Office of the County Recorder a document terminating the above Notice.

(5) In the event that any person, firm or corporation shall fail, neglect or refuse to demolish, remove, abate or correct a structure or condition existing in violation of this Title upon his or her or its property after a civil court order or criminal conviction obtained pursuant to this Section, the Town Manager may order the Building Official to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the Town Manager who shall cause the same to be paid and levied as a special assessment against the property.

8.10.130 Adoption of Supplements.

All Supplements to The California Building Code, The California Electrical Code, The California Plumbing Code, The California Mechanical Code, The California Residential Code, The California Green Building Code, The Uniform Solar Energy Code, The International Property Maintenance Code are hereby adopted and shall be applied to all development within the jurisdiction of the Town except that provisions which are inconsistent with this Title, or as to which the underlying provisions have been deleted by this Title, shall not be enforced or applied.

(Chapter 8.10 amended Ord #159, adopted 12-12-95; Chapter 8.10 amended Ord. 209, adopted June 22, 1999; Amended Ord. 260 9-24-02; Amended Ordinance 361 adopted 11-13-07; Amended Ordinance 416 adopted 1/11/11; Amended per Ordinance 453 dated 10-22-13)


Chapter 8.12: CALIFORNIA BUILDING CODE

Sections:

  • 8.12.010 Adopted

8.12.010 Adopted

The California Building Code, Volumes 1 & 2, 2013 Edition, as published by the California Building Standards Commission, including the Appendix and the Standards referred to therein, is hereby adopted and made part of this Chapter by reference, with the following modifications.

Appendix Chapters A, B, C, D, E and K are deleted.

Chapter 1, Division II, is hereby amended to read as follows:

Section 104.8. Liability.

The Building Official, or his/her authorized representative, charged with the enforcement of this Code, acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of act or omission in the discharge of such duties. A suit brought against the Building Official, agent or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.

The provisions of this section shall apply if the Building Official or his/her authorized representative are employees of this jurisdiction and shall also apply if the Building Official or his/her authorized representative are acting under contract as agents of the jurisdiction.

This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code.”

Section 105.5. Expiration

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 180 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one extension of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

If work has been suspended or abandoned past 180 days the permit shall be expired and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal. Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.

A new subsection 105.8 Deadline for Onsite and/or

Offsite Improvements is added to Chapter 1, Division II Subsection 105 to read as follows:

Section 105.8 Deadline for Onsite and/or Offsite Improvements.

Onsite and/or Offsite Improvements required by the terms of the Municipal Code, Development Code, or other ordinances or applicable policies or regulations adopted by the Town, must be completed and approved prior to occupancy or prior to connection of utilities. A cash deposit may be submitted in lieu of onsite improvements if necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike.

A cash deposit may be submitted in lieu of offsite improvements under the following conditions:

To facilitate preparations of the building(s) for an occupancy, utilities may be permitted to be connected provided the improvements are completed and approved prior to final occupancy approval.

If necessitated by climatic conditions, coordination of utilities or improvements, material shortages or labor strike, the cash deposit for the improvements may be increased to permit connection of the utilities and occupancy provided a Certificate of Occupancy will not be issued until the improvements are completed and approved.”

Section 109.6 Refunds

Refund’s for permits issued in error or permits issued for which no work has been started and have not been expired shall be determined by the Town Finance Department policy.

Section 110.1 Inspections General

To be amended to include. If work has not been completed for a requested inspection, plans are not available on site or access has not been provided a re-inspection fee shall be assessed as determined by the Building Official or his/her authorized representative.

Section 113.3. Board of Appeals Qualifications

The Town Council shall act as the Board of Appeals.

Appendix Chapter J, of the California Building Code 2010 edition is amended to read as follows:

Section J 103. Permits Required.

No person shall do any grading without first having obtained a grading permit from the Building Official except for the following:

1. Cemetery Graves

2. Refuse disposal sites controlled by other regulations.

3. Excavations for wells or tunnels or utilities.

4. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in pressure upon any adjacent or contiguous property.

5. Exploratory excavations under the direction of soil engineers or engineering geologists.

6. Excavation for construction of a structure permitted under this code.

Section J103.3. Unsafe Grading Sites.

All sites which constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, or abandonment, or noncompliance with approved grading plans as specified in this Code are for the purposes of this Chapter unsafe grading sites. Further, whenever the Building Official determines by inspection that a site is dangerous to human life or property by reason of being located in an area which is unsafe due to a hazard from landslide, mudslide, settlement, displacement or slippage, such site shall for the purpose of this Chapter be considered unsafe, whether or not grading earth work has been performed. All such unsafe grading sites are hereby declared to be public nuisances and shall be abated by repair, in accordance with the procedures as set forth in Section 115 of the California Building Code Chapter 1 Division II and Section 8.10.120 of the Municipal Code.”

J104.2.1. Grading Designation.

Grading in excess of 5,000 cubic yards (3,825 m3) or that is proposed to support any structure shall be designated as "engineered grading." All engineered grading shall be performed in accordance with an approved grading plan and specifications prepared by a Civil Engineer, unless otherwise required by the Building Official.

Grading involving less than 5,000 cubic yards (3,825 m3) and that will not support any structure shall be designated "regular grading" unless the permittee chooses to have the grading be designated as engineered grading, or the Building Official determines that, due to the existence of special conditions or unusual hazards, the grading should be designated as engineered grading.

J104.2.2. Regular grading requirements.

In addition to the provisions of Section J104.2, an application for a regular grading permit shall be accompanied by two sets of plans in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner, and the name of the person who prepared the plan. The plan shall include the following information:

1. General vicinity of the proposed site.

2. Limits and depths of cut and fill.

3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (4572 mm) of the proposed grading that may be affected by the proposed grading operations.

4. Contours, flow areas, elevations, or slopes which define existing and proposed drainage patterns.

5. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.

6. Location of all recorded floodways.

J104.2.3 Engineered Grading Requirements.

In addition to the provisions of Section 106 and Section J104.2, an application for a permit for engineered grading shall be accompanied by four sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report.

Specifications shall contain information covering construction and material requirements. Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail that the proposed work will conform to the provisions of this Code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall depict the location of the proposed work, the name and address of the owner, and the person by whom they were prepared.

The plans shall include or be accompanied by the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations, or finish contours to be achieved by the grading, proposed drainage channels, and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work. A map showing the drainage area and the estimated runoff of the area served by any drains shall also be provided.

5. Location of any existing or proposed buildings or structures located on the property on which the work is to be performed and the location of any buildings or structures on adjacent properties that are within 15 feet (4572 mm) of the property or that may be affected by the proposed grading operations.

6. Recommendations in the geotechnical report and the engineering geology report shall be incorporated into the grading plans or specifications. When approved by the Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, that are applicable to grading, may be included by reference.

7. The dates of the geotechnical and engineering geology reports together with the names, addresses, and phone numbers of the firms or individuals who prepared the reports.

8. A statement of the quantities of material to be excavated and/or filled. Earth work quantities shall include quantities for geotechnical and geological remediation. In addition, a statement of the quantities of material to be imported or exported from the site.

9. A statement signed by the owner, acknowledging that a Field Engineer, Geotechnical Engineer, and Engineering Geologist, when appropriate, will be employed to perform the services required by this Code, when the Building Official requires that such professional persons be so employed.

10. Storm water provisions are required to be shown on the grading plan.

11. A drainage plan for those portions of property proposed to be utilized as a building site (building pad), including elevations of floors with respect to finish site grade and locations of proposed stoops, slabs, and fences that may affect drainage.

12. Location and type of any proposed private sewage disposal system, including the location of the expansion area.

13. Location of existing and proposed utilities, drainage facilities, and recorded public and private easements and restricted use areas.

14. Location of all recorded floodways.

15. Location of all Special Flood Hazard Areas as designated and defined in Title 44, Code of Federal Regulations.

Section J109.5 Disposal.

All drainage facilities shall be designed to convey waters to the nearest practicable street, storm drain, or natural watercourse or drainage way approved by the Building Official or other appropriate governmental agency provided that the discharge of such waters at that location will not create or increase a hazard to life or property. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. Desilting basins, filter barriers, or other methods, as approved by the Building Official, shall be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains, or natural watercourses. If the drainage device discharges onto natural ground, riprap, or a similar energy dissipator may be required.

Building pads shall have a minimum drainage gradient of 2 percent toward an approved drainage facility or a public street unless otherwise directed by the Building Official. A lesser slope may be approved by the Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the Building Official finds such modification will not result in a hazard to life or property.

Section J110. Erosion Control.

Section J110.1.1. Slopes.

The faces of cut and fill slopes shall be prepared and maintained to control against erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion resistant character of the materials, such protection may be omitted.

Section J110.1.2.2. Wind Erosion Control Plans Required.

A written wind erosion control plan shall be submitted to the Building Official for approval prior to the issuance of a grading permit. This plan shall employ the use of one or more of the following measures:

Grading of tracts in small phases to minimize the amount of bare ground exposed at any one time;

The requirement to have water trucks on site and that they be used on a regular basis;

The use of approved chemical additives to water stabilize the soil crust;

The use of hydro seeding.

The Building Official may at any time during or after grading has taken place require additional erosion measures be implemented if the measures contained in the wind erosion control plan are not achieving the desired result of preventing wind erosion of the soil.”

Section J110.2.3. Water Erosion Control Plans Required.

A written water erosion control plan shall be submitted to the Building Official for approval for any grading performed. Water erosion control measures shall be required to be in place during this time period for all active grading projects and, if the Building Official deems it appropriate, any previously graded projects.

Section J113. Grading Compatibility Review.

J 113.1.1. Plans for single lot grading which are not part of a land subdivision grading plan shall be reviewed for approval by the Assistant Director of Community Development when any of the following exist:

Fills or cuts greater than 4 feet in height or depth from existing grade are proposed; or

A combination cut/fill slope having greater than 4 feet in vertical height is proposed; or

An area of 13,000 square feet or more is proposed to be graded unless:

It is determined by the Town Engineer that an area greater than 13,000 square feet is required to be graded for drainage purposed; or

The lot is 18,000 square feet or less in area with an average slope of five percent (5%) or less and the grading is necessary as determined by the Town Engineer to help reduce the amount of import or export of dirt required to grade the site; or

Grading is proposed on slopes having a fifteen percent (15%) or greater grade.

Section J113.1.2. Assistant Director of Community Development’s review and subsequent approval of the grading plans shall be based upon the following findings:

That the proposed grading conforms to the Town’s policy goal of preserving the extent feasible the natural contours of the land; and

That the proposed grading conforms to the Town’s policy goal of minimizing land disturbance caused by grading; and

The proposed slope of the land complies with all applicable regulations and is not unreasonably severe; and

The proposal will not unreasonably interfere with light, air, or visibility of the general public or of adjacent neighbors; and

The proposal is planned so as to prevent unreasonable damage to or interference with surrounding property; and

The proposal is planning so as to avoid unreasonable interference with the health or safety of people.

Section J113.1.2.1. Any grading resulting in a retention area that retain more than 18 inches of water must percolate within 72 hours.

J113.1.3. The decision of the Director of Community Development shall be final unless appealed in writing to the Planning Commission. The letter of appeal accompanied by an appeal fee as set by the Town Council must be received by the Assistant Director of Community Development within 10 days of said decision. The determination of the Planning Commission shall be final.

Section J114. Clearing Permit.

J114.1. Permits Required. A person shall not clear or grub any

vacant lot, or any developed lot exceeding one-half acre in size, without first obtaining a clearing permit from the Town. In the event that a grading permit has been issued with respect to the property, no clearing permit shall be required for that portion of the property covered by the grading permit.

J114.2. Findings and Decision. An application for a clearing permit shall not be approved unless the Building Official determines that the proposed clearing and grubbing will not result in significant blowing dust or erosion of topsoil.

J114.3. Exemptions. Persons shall be exempt from this Section in the event that:

They are required to remove vegetation at the request of the Apple Valley Fire Protection District, San Bernardino County Flood Control District or any other appropriate governmental agency. This shall be done by mowing not ground disturbance; or

The proposed grading activity is part of an existing bona fide agricultural activity; or

The County Agricultural Commissioner has given written notice that the proposed grading/clearing activity is required to perform a new bona fide agricultural activity. A bona fide agricultural activity must be served by a water distribution system adequate for the proper operation of such activity.”

(Chapter 8.12 amended Ord #159, adopted 12-12-95; Amended Ordinance 260 9-24-02; Amended Ordinance 361 11-13-07; Amended Ordinance 416 dated 1-11-11; amended per Ordinance 453 dated 10-22-13)


Chapter 8.14: UNIFORM ADMINISTRATIVE CODE

Chapter 8.14 Uniform Administrative Code is hereby repealed (per Ordinance 361- 11-13-07)


Chapter 4 Section 4.106.3 is hereby amended to read as follows:

All surface water retained must percolate within 72 hours, the method used to achieve this must be approved by the Building Official or Town engineer.

CHAPTER 8.16: CALIFORNIA ELECTRICAL CODE

Sections

  • 8.16.010 Adopted.

The California Electrical Code, 2013 Edition, prepared and published by the California Building Standards, is hereby adopted and made a part of this Chapter by reference.

(Chapter 8.16 Ord #159, adopted 12-12-95; Chapter 8.16 Ordinance #209 adopted 6-22-99; Ordinance 260 9-24-02; amended Ordinance 361 adopted 11-13-07; amended per Ordinance 416 adopted 1-11-11; amended per Ordinance 453, dated 10-22-13).


Chapter 8.18: CALIFORNIA PLUMBING CODE

Sections:

  • 8.18.010 Adopted

8.18.010 Adopted

The California Plumbing Code, 2013 Edition, prepared and published by the California Building Standards, including Appendices thereto and installation standards incorporated therein, is hereby adopted and made a part of this Chapter by reference.”

(Chapter 8.18 amended Ord #159, adopted 12-12-95; Chapter 8.18 amended Ordinance #209 adopted 6-22-99; Ordinance 260 9-24-02; amended Ordinance 361 adopted 11-13-07; amended per Ordinance 453 dated 10-22-13).


CHAPTER 8.19 REQUIREMENT TO RECYCLE CONSTRUCTION AND DEMOLITION
                       DEBRIS FOR CERTAIN CONSTRUCTION, DEMOLITION, AND
                       RENOVATION PROJECTS WITHIN THE TOWN OF APPLE VALLEY

Sections:

  • 8.19.000 Findings
  • 8.19.010 Definitions
  • 8.19.020 Threshold For Covered Projects
  • 8.19.030 Construction And Demolition Debris Diversion
  • 8.19.040 Submission Of Waste Management Plan
  • 8.19.050 Compliance With Waste Management Plan
  • 8.19.060 Appeal
  • 8.19.070 Enforcement
  • 8.19.080 Time For Submittal

8.19.000 Findings

a. The Town finds that the State of California through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), required that each local jurisdiction in the state divert 50% of discarded materials (base year 1990, state methodology) from landfill by December 31, 2000, and thereafter maintain or exceed that diversion rate.

b. The Town finds that every city and county in California, including the Town, could face fines up to $10,000 a day for not meeting the above mandated goal.

c. The Town finds that Construction and Demolition (C&D) debris constitute a significant portion of the waste stream in the Town. These materials have significant potential for waste reduction and recycling.

d. The Town finds that reusing and recycling C&D debris is essential to further the Town’s efforts to reduce waste and comply with AB 939 and Measure D goals.

e. The Town finds that C&D debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled, increase site and worker safety, and be cost effective.

f. The Town finds that, except in unusual circumstances, it is feasible to divert an average of at least fifty percent (50%) of all C&D debris from construction, demolition, and renovation projects.


8.19.010 Definitions
 
For the purposes of this Chapter 8.19, the following definitions shall apply:

a. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the Town for the applicable permits to undertake any construction, demolition, or renovation project within the Town.

b. “Construction” means the building of any facility or structure or any portion thereof including any tenant or other substantial improvements to an existing facility or structure.

c. “Construction and Demolition Debris” or “C&D” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

d. “Conversion Rate” means the rate set forth in the standardized Conversion Rate Table approved by the Town pursuant to this Chapter for use in estimating the volume or weight of materials identified in a Waste Management Plan.

e. “Covered Project” shall have the meaning set forth in Section 8.19.020(a) of this Chapter.

f. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior.

g.  “Deposit” means an amount to be determined by the WMP Compliance Official and submitted with the WMP at the time of permit application.  This deposit is fully refundable, with applicable interest, upon proof that applicant recycled a minimum of 50% of the debris generated by the Project.

h. “Divert” means to use material for any purpose other than disposal in a landfill or transformation facility.

i. “Diversion Requirement” means the diversion of at least fifty percent (50%) of the total Construction and Demolition Debris generated by a Project via reuse or recycling, unless the Applicant has been granted an Infeasibility Exemption pursuant to Section 8.19.070 of this Ordinance, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the WMP Compliance Official for the Project.

j. “In-Fill Housing” means the construction of from one to three structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties.

k. “Noncovered Project” shall have the meaning set forth in Section 8.19.020 (b) of this Chapter.

l. “Project” means any activity involving construction, demolition, or renovation, and which requires issuance of a permit from the Town.

m. “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

n. “Renovation” means any change, addition, or modification in an existing structure.

o. “Reuse” means further or repeated use of Construction or Demolition Debris.

p. “Salvage” means the controlled removal of Construction or Demolition Debris from a permitted building or demolition site for the purpose of recycling, reuse, or storage for later recycling or reuse.

q.  “Tract housing” means construction of four or more structures, whether residential, commercial, office or industrial, on a property or on adjoining or contiguous properties.

r. “Waste Management Plan” means a completed WMP form, approved by the Town for the purpose of compliance with this Chapter, submitted by the Applicant for any Covered or Non-Covered Project.

s. “WMP Compliance Official” means the designated staff person(s) authorized and responsible for implementing this Chapter.


8.19.020 Threshold For Covered Projects

a. Covered Projects: All construction, demolition, and renovation projects within the Town that are 1,000 square feet or greater (“Covered Projects”) shall comply with this Chapter, whether residential, commercial, office or industrial. Failure to comply with any of the terms of this Chapter shall subject the Project Applicant to the full range of enforcement mechanisms set forth in Section 8.19.080, below.

b. Non-Covered Projects: Applicants for construction, demolition, and renovation projects within the Town under 1,000 square feet (“Noncovered Projects”) shall be encouraged to divert at least fifty percent (50%) of all project-related construction and demolition debris.

c. Town-Sponsored Projects: All Town-sponsored construction, demolition, and renovation Projects, that are 1,000 square feet or greater, shall be considered “Covered Projects” for the purposes of this Chapter 8.19 and shall submit a Waste Management Plan to the WMP Compliance Officer prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this Chapter 8.19.

d. Compliance as a Condition of Approval: Compliance with the provisions of this Chapter shall be listed as a condition of approval on any building or demolition permit issued for a Covered Project.


8.19.030 Construction And Demolition Debris Diversion

a. Compliance Options: Applicants for Covered Projects shall select one of the following options to comply with this Chapter 8.19:

  1. Contract for hauling services with Town’s franchise hauler, with all Project debris delivered to San Bernardino County self-haul landfill diversion program, provided the diversion program is currently operating; and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP
  2. Self-haul all Project debris to San Bernardino County self-haul landfill diversion program, provided the diversion program is currently operating; and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP
  3. Self-haul all Project debris to a construction materials recycling facility, and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP
  4. Contract with a construction site cleanup company to recycle at least 50% of the Project construction debris, and provide acceptable proof of recycling to the Town in the form of receipts and/or weigh tickets, in conformance with the WMP

b. Waste Disposal Agreement: The Town’s Waste Disposal Agreement with San Bernardino County addresses disposal and not diversion. Therefore participation in self-haul landfill diversion is not subject to the Waste Disposal Agreement rate limitations.


8.19.040 Submission Of Waste Management Plan

a. WMP Forms: Applicants for building or demolition permits involving any Covered Project subject to 8.19.020(a) shall complete and submit a Waste Management Plan (“WMP”), on a WMP form approved by the Town for this purpose as part of the application packet for the building or demolition permit. The completed WMP shall indicate all of the following:

  1. The estimated volume or weight of project C&D debris to be generated;
  2. The estimated volume or weight of such materials that can feasibly be diverted via reuse or recycling;
  3. The vendor or facility that the Applicant proposes to use to collect or receive that material; and
  4. The estimated volume or weight of C&D materials that will be landfilled.

b. Calculating Volume and Weight of Debris: In estimating the volume or weight of materials identified in the WMP, the Applicant shall use the standardized Conversion Rates approved by the Town for this purpose and printed on the reverse side of the WMP.

c. Deconstruction: In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling.

d. Deposit:  Permit applicants whose projects are not subject to Planning Department Conditions of Approval shall submit a check made payable to “Town of Apple Valley – WMP” in an amount to be determined by the WMP Compliance Official, along with other requisite permit fees and the completed WMP.  This is a fully-refundable deposit, depending upon the level of recycling demonstrated.  Recycling at least 50% of the debris generated by the Project warrants a 100% refund of the deposit, plus any applicable interest.  Recycling less than 50% will result in return of a prorated amount of the deposit, based on the percentage of recycling proven.  Permit applicants whose projects are subject to Conditions of Approval will be regulated by said Conditions of Approval to achieve the required amount of recycling pursuant to this Ordinance.


8.19.050 Compliance With Waste Management Plan

a. Documentation: Prior to final inspection of any Covered Project, the Applicant shall submit to the WMP Compliance Official documentation proving that it has met the Diversion Requirement for the Project. The Diversion Requirement shall be that the Applicant has diverted at least fifty percent (50%) of the total C&D debris generated by the Project via reuse or recycling. This documentation shall include all of the following:

  1. Receipts from the vendor or facility that collected or received each material showing the actual weight or volume of that material;
  2. A copy of the previously submitted WMP for the Project adding the actual volume or weight of each material diverted and landfilled;
  3. Any additional information the Applicant believes is relevant to determining its efforts to comply in good faith with this Chapter 8.19.

b. Weighing of Wastes: Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the Applicant shall use the standardized Conversion Rates approved by the Town for this purpose.

c. Determination of Compliance: The WMP Compliance Official shall review the information submitted under subsection (a) of this Section and determine whether the Applicant has complied with the Diversion Requirement, as follows:

  1. Full Compliance: If the WMP Compliance Official determines that the Applicant has fully complied with the Diversion Requirement applicable to the Project, he or she shall notify the Building Department of that finding, and the Applicant shall receive a full refund of the deposit within 10 working days, if applicable.
  2. Good Faith Effort to Comply: If the WMP Compliance Official determines that the Diversion Requirement has not been achieved, he or she shall determine on a case-by-case basis whether the Applicant has made a good faith effort to comply with this Chapter 8.19. In making this determination, the WMP Compliance Official shall consider the availability of markets for the C&D debris landfilled, the size of the Project, and the documented efforts of the Applicant to divert C&D debris. If the WMP Compliance Official determines that the Applicant has made a good faith effort to comply with this Chapter 8.19, he or she shall notify the Building Department of that finding, and the Applicant shall receive a full refund of the deposit within 10 working days.
  3. Noncompliance: If the WMP Compliance Official determines that the Applicant has not made a good faith effort to comply with this Chapter 8.19, or if the Applicant fails to submit the documentation required by subsection (a) of this Section within the required time period, he or she shall notify the Building Department of that finding, and no refund of the deposit will be made


8.19.060  Appeal

a.  Any affected person may appeal a decision of the WMP Compliance Official to the Planning Commission.

b.   Any affected person may appeal a decision of the Planning Commission to the Town Council.  Any member of the Council may require the review of a Planning Commission decision.

c.   Appeals shall be submitted to the WMP Compliance Official or his/her designee.  Appeals shall be filed with the Community Services Department within ten (10) consecutive calendar days following the date of action. If the last day to act falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed to be the last day to act.

d.   Except as otherwise provided for in this Code, an action which has been appealed shall not become effective until a final determination is made by the appellate authority.


8.19.070  Enforcement

a. Violation of any provision of this Chapter 8.19 may be enforced by civil action including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the Town shall be entitled to recover its attorneys’ fees and costs from a person who is determined by a court of competent jurisdiction to have violated this Chapter 8.19.

b. Violation of any provision of this Chapter 8.19 shall constitute a misdemeanor punishable by a fine not to exceed $1,000 for the first violation, a fine not to exceed $2,500 for the second violation within one year, and a fine not to exceed $5,000 for each additional violation within one year. There shall be a separate infraction for each day on which a violation occurs. Where the violation is the failure to achieve the Diversion Requirement applicable to the Project and the C & D materials from the Project have already been landfilled, the violation shall be deemed to have ceased after a period of ten (10) days. The Town shall recover costs and attorneys’ fees incurred in connection with enforcement of this Chapter.

c. Enforcement pursuant to this section shall be undertaken by the Town through its Code Enforcement Division and the Code Enforcement Attorney.

8.19.080  Time for Submittal

The Waste Management Plan (WMP) shall be submitted at the same time as the building permit application and shall be deemed an essential part of the application.  No permit application shall be accepted by the Town without an accompanying WMP.

Any correspondence concerning the WMP shall be directed to:

WMP Compliance Official
Town of Apple Valley
14955 Dale Evans Parkway
Apple Valley, CA  92307”

(Entire Section 8.19 added per Ordinance 301, adopted 10-11-05 )


Chapter 8.20: CONSTRUCTION SITE MAINTENANCE AND TRASH CONTAINMENT

Sections:

  • 8.20.010 Statement of Purpose and Authority
  • 8.20.020 Definitions
  • 8.20.030 Containment
  • 8.20.040 Containers
  • 8.20.050 Placement
  • 8.20.060 Refuse Removal
  • 8.20.070 Responsibility
  • 8.20.080 Enforcement and Inspections

8.20.010 Statement of Purpose and Authority

The purpose of this Chapter is to establish minimum standards for construction site maintenance including the collection, storage containment and removal of construction site trash, rubbish or debris.


8.20.020 Definitions


(a) "Construction Site" is any location where grading, construction or structures, remodeling, mobile home setdown, renovation or any other work subject to the issuance of a grading or building permit is occurring.

(b) "Construction Site Maintenance" is the routine continuous maintenance of the construction site in order to adequately contain the storage of trash, rubbish or debris and maintain a clean and safe construction site.

(c) "Construction Site Trash, Rubbish or Debris" is any container, wrapper, crate or packaging that accompanies the construction material, any surplus or residual construction material brought to or originating at the construction site, and any other residual materials used by the construction workers and brought to the site.


8.20.030 Containment

There shall be containment of trash, rubbish and debris on a routine, continuous basis for each construction site, and there shall be no loose materials permitted to accumulate on the site or to be carried away by wind or water.


8.20.040 Containers

Containers used for storage of trash, rubbish and debris until collection and/or transportation to an approved disposal site shall be either:

(a) a roll-off bin (dumpster) provided by a refuse collection service and complying with other applicable Town code provisions; roll-off bins shall have lids which are kept in the closed position unless opened for placement or removal of materials; roll-off bins shall be emptied when full and under no circumstances shall construction materials be permitted to overfill the container; the following minimum sizes are required:

  1. a one and one-half cubic yard bin for one dwelling unit, non tract;
  2. a three cubic yard bin for each dwelling unit in tract and one for each building for apartment complexes;
  3. a two cubic yard bin for each commercial or industrial building in commercial or industrial complexes; or

(b) A fenced-in area of at least one hundred cubic feet with side walls at least four feet in height and a wire lid shall be required; material for side walls and lid shall have no openings greater than four inches in either direction; fenced area shall be securely staked in place and the fenced area shall be emptied when full, and under no circumstances shall construction materials or trash be permitted to overfill the container.


8.20.050 Placement

Containers (bins or other said containment areas) shall not be located in a manner or location that will block or constrict passage of a right-of-way, easement, public thoroughfare or other area where right of access may be required for the public health, safety or welfare.
 Containers - bins or other said containment areas shall be located on the construction site for each development, project or structure; when multiple lots or structures are being developed, the said containers shall be as per Section  8.20.040 or as otherwise required in the opinion of the Chief Building Official.


8.20.060 Refuse Removal

Containers shall be placed at the time construction commences on the site.  All trash, rubbish and debris shall be timely removed from the container as needed to prevent overfill of the container.  Trash, rubbish and debris shall be removed from the site and transported to an approved disposal facility.  Temporary containers as well as debris, rubbish and trash shall be removed from the site prior to final inspection.  Roll-off bins that will remain after completion of the building may be emptied and placed in their permanent locations.


8.20.070 Responsibility

It shall be the responsibility of the permittee or agent to provide for the construction site maintenance and the containment of all trash, rubbish and debris during construction and for the proper removal thereof.


8.20.080 Enforcement and Inspections

Any person who violates any provision or who fails to comply with any of the requirements of this Chapter shall be guilty of an infraction and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.  Should noncompliance persist, a stop work notice may be issued by the Chief Building Official or other proper officer.  All building permit or grading permit inspections when made shall include inspection to ensure compliance with the provisions of this Chapter, and all final approvals shall be made only after such compliance.  The Town’s inspectors or other proper officers or employees making construction site inspections shall also inspect to determine that there is compliance with the provisions of this Chapter.  When it appears upon inspection that there is a violation, such additional inspections may be made until it is found that said provisions have been satisfied.  There shall be a fee for inspections after the initial inspection, as prescribed by resolution or other enactment by the Town Council to cover the costs of said inspections, when required to determine if compliance with the provisions of this Chapter are yet achieved. (Amended Ord. 156, adopted 11-14-95)
(Chapter 8.20 added Ord. 15, 4-18-89)


Chapter 8.21: CALIFORNIA MECHANICAL CODE

Sections:

  •  8.21.010 Adopted

8.21.010 Adopted

The California Mechanical Code, 2013 Edition including Appendices and its standards incorporated therein, as published by the California Building Standards, is hereby adopted and made a part of this Chapter by reference.

(Chapter 8.21 amended Ord #159, adopted 12-12-95; Chapter 8.21 amended Ordinance #209 adopted 6-22-99; Ordinance 260 9-24-02; amended Ordinance 361 adopted 11-13-07; amended per Ordinance 416 dated 1-11-11; amended per Ordinance 453 dated 10-22-13)


Chapter 8.22: UNIFORM SOLAR ENERGY CODE

Sections:

  • 8.22.010 Adopted


8.22.010 Adopted

The Uniform Solar Energy Code, 2013 Edition prepared and published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and made a part of this Chapter by reference.”

(Chapter 8.22 Ord #159, adopted 12-12-95; Chapter 8.22 Ordinance #209 adopted 6-22-99; amended Ordinance 361 adopted 11-13-07; amended per Ordinance 416 adopted 1-11-11; amended per Ordinance 453 dated 10-22-13).


Chapter 8.24: RELOCATIONS

Sections:

  • 8.24.010 Relocation Building Permit Required
  • 8.24.020 Application
  • 8.24.030 Inspection Fee
  • 8.24.040 Building and Relocation Site Inspection Report
  • 8.24.050 Report Validity
  • 8.24.060 Changes
  • 8.24.070 Declaration of Public Nuisance

8.24.010 Relocation Building Permit Required

A person shall not move onto any premises, other than a commercial storage yard authorized for such use, any building or structure, except a contractor's tool house, construction building or similar structure which is moved as construction requires, until he or she first secures a relocation building permit as hereinafter provided.


8.24.020 Application

Applicants for relocation permits shall submit photographs of at least two separate elevations, one of which shall be the front, and a certificate from a pest control agency or operator licensed under the Structural Pest Control Act of California, showing freedom from termite infestation, for each building or structure to be moved, when application for a relocation permit is filed.

 
8.24.030 Inspection Fee

The applicant shall pay an inspection fee upon application for a permit to move a building or structure in accordance with the Town of Apple Valley Municipal Code Schedule of Fees or other applicable Town enactment.  There shall be no inspection or inspection fee on a building or structure to be moved out of the Town of Apple Valley.


8.24.040 Building and Relocation Site Inspection Report

Upon receipt of an application for a permit to relocate a building or structure and receipt of payment of the prescribed inspection fee, the Building Official shall inspect the building or structure to be moved and the proposed relocation site, and prepare a written report which shall be forwarded to the applicant.  This report shall contain the approval or disapproval of the Building Official and, if approved for moving, shall contain the requirements necessary to make the building or structure conform to the requirements of the Town of Apple Valley Municipal Code for new buildings and any other applicable ordinances and any additional requirements necessary to assure that such relocation shall not have detrimental effect by size, design or age, on the living environment and property values in the area into which the building or structure is to be moved.


8.24.050 Report Validity

Additional corrections may be added to the report whenever the structure has been vandalized, damaged during transportation, or altered in any manner after the on-site inspection.  Otherwise, the inspection report shall remain valid for a period of ninety (90) days after the building or structure has been inspected.  At the end of such time, if the building or structure has not been relocated, a new report and inspection fee will be required.


8.24.060 Changes

The applicant shall make all required changes within one hundred eighty (180) days and shall agree in writing to do so.  This time limitation may be extended by the Building Official upon receipt of evidence of just and proper cause; provided, however, that no such extension shall be granted when, in his or her judgment, such an extension should be detrimental to the public welfare for any cause or reason.


8.24.070 Declaration of Public Nuisance

When any relocated building or structure or portion thereof remains unfinished or unfit for occupancy after expiration of the time limit herein specified, any and all permits pertaining thereto shall expire by limitation and such building or structure or portion thereof is hereby declared a public nuisance and shall be abated as provided for in the Town of Apple Valley Municipal Code.  (Chapter 8.24 Ord. 51, 7-10-90)


Chapter 8.26: INTERNATIONAL PROPERTY MAINTENANCE CODE 2006 EDITION

Chapter 8.26 International Property maintenance Code is hereby repealed

(Chapter 8.26 amended Ord #159, adopted 12-12-95; Chapter 8.26 Ordinance #209 adopted 6-22-99; Ordinance 260 9-24-02; amended Ordinance 361, adopted 11-13-07; repealed per Ordinance 416 adopted 1-11-11).

Chapter 8.28: UNIFORM HOUSING CODE

Sections:

  • 8.28.010 Adopted

8.28.010 Adopted

The Uniform Housing Code, 1997 edition prepared and published by the International Conference of Building Officials, is hereby adopted and made a part of this Chapter by reference with the following modifications:

  1.  Chapter 1, Section 104 is deleted.
  2.  Chapter 2, Section 203 is deleted."
  3.  A new Subsection 3 is added to Section 1103 to read as follows:

    "3.  If the building or structure is in a condition which constitutes an immediate hazard or threat of harm and the situation calls for abatement sooner than the abatement procedures herein otherwise allow, the Building Official or Code Enforcement Supervisor may take or cause emergency abatement of such nuisance with such notice of parties concerned, or without notice, as the particular circumstances reasonably allow." (Chapter 8.28 amended Ord #159, adopted 12-12-95; Chapter 8.28 Ordinance #209 adopted 6-22-99; Ordinance 260 9-24-02)

(Entire Chapter 8.30 added per Ord. 115, adopted 5-11-93)(Amended Ord. 156, adopted 11-14-95)(Entire Chapter 8.30 repealed per Ordinance 207, adopted April 14, 1999)


Chapter 8.34:  REGULATION OF RENTAL HOUSING UNITS

Sections:

  • 8.34.010 Purpose and Intent
  • 8.34.020 Authority and Enforcement
  • 8.34.030 Definitions
  • 8.34.040 Property Maintenance Certificate Required
  • 8.34.050 Inspection
  • 8.34.060 Violation and Penalties
  • 8.34.070 Annual Inspection Fee A Debt Civil Action

8.34.010 Purpose and Intent

It is the purpose and intent of this Chapter to establish a standard of maintenance for all rental housing units in the Town of Apple Valley; to provide for a system of continued regulation for the maintenance, sanitation, ventilation, use, occupancy, and safety of rental housing units within the Town of Apple Valley.


8.34.020 Authority and Enforcement

The provisions of this Chapter shall be enforced by the Town Manager of Apple Valley or his designee.


8.34.030 Definitions

Except as otherwise provided in this Section, all terms used in this Chapter which are defined in the California Health and Safety Code, Division 13, Part 1.5, Section 17920, et seq.; and the California Code of Regulations, Title 25, Chapter 1, Article 2 and the applicable articles adopted pursuant thereto, are used in this Chapter as so defined.

(a) MULTI-FAMILY HOUSING shall include apartment houses, hotels and motels.

(b) DWELLING UNIT shall mean any building or portion thereof, including a manufactured home or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the Uniform Building code, for not more than one (1) family, including domestic employees of such family.

(c) RENTAL HOUSING UNIT shall mean a dwelling unit which is rented, leased, or subleased or offered or intended to be offered for rent, lease, or sublease as a residence and shall not include a dwelling unit intended for accommodation of transients.

(d) APARTMENT shall mean a rental dwelling unit.

(e) APARTMENT HOUSE shall mean any building or portion thereof containing two (2) or more apartments or rental dwelling units.

(f) MOTEL/HOTEL shall mean a building or buildings each containing one (1) or more guest rooms or dwelling units or combinations thereof designed, used, and intended wholly or part, for the accommodation of transients.  A MOTEL/HOTEL does not include any jail, hospital, asylum, sanitarium, orphanage, prison, or other building in which human beings are housed and detained under legal restraint.

(g) PREMISES include all buildings located on contiguous parcels of land under common ownership.

(h) PROPERTY MAINTENANCE CERTIFICATE is a certificate issued to owners of rental housing units which allows them to have tenants and/or clients occupy the buildings.  The Town of Apple Valley will issue this  certificate to owners and operators after said facilities pass appropriate inspections conducted by the Town.

(i) SINGLE FAMILY RESIDENTIAL RENTAL HOUSING shall include any and all residential units other than multi-family units, hotels and motels, which are not owner-occupied.


8.34.040 Property Maintenance Certificate Required

(a) No person or entity shall allow the occupancy of any rental housing unit, without possessing an unexpired, unrevoked, property maintenance certificate for each facility and paying the inspection fee and any additional fees for follow-up inspections to the Town of Apple Valley in those amounts set forth in the Schedule of Fees as adopted by the Town of Apple Valley.

(b) Each property maintenance certificate issued shall expire one year after issuance. The property maintenance certificate shall be renewed and all fees paid on or before the expiration date.

(c) Fees as set forth in the Schedule of Fees adopted by the Town of Apple Valley shall be charged upon any of the following:

  1. Change of all or a part of the occupancy classification of a building;
  2. Change in the number of rental units;
  3. Change in ownership of the apartment house, single family residential rental housing, hotel or motel.
  4. Any subsequent follow-up inspections in addition to the annual inspections which are required to bring the facilities up to Town standards


8.34.050 Inspection

Each premises to which an annual property maintenance certificate is to be issued shall be inspected by the Town of Apple Valley to assure compliance with the provisions of the Town of Apple Valley Municipal Code. If after a second inspection the premises have not been brought into compliance with the provisions of this Code, the property maintenance certificate shall be revoked.  No property maintenance certificate, once revoked, shall be reissued without required payment of an additional reinspection fee and all administrative costs incurred by the Town of Apple Valley.


8.34.060 Violation and Penalties

Any person who violates any provision or who fails to comply with any of the requirements of this Chapter shall be subject to the provisions, penalties and punishments as provided in Section 1.01.200 through 1.01.260 of  the Town of Apple Valley Municipal Code.


8.34.070 Annual Inspection Fee A Debt; Civil Action

The amount of any inspection fees and penalties imposed by the provisions of this Chapter shall be deemed a debt to the Town.  An action may be commenced in the name of the Town in any court of competent jurisdiction for the amount of any delinquent inspection fee, penalties and administrative costs incurred in connection therewith, including attorney’s fees.

(Ord. 156, Ord. 161) (Entire Chapter 8.34 repealed and reenacted per Ord. 176, adopted 2-11-97; Amended per Ordinance 327 adopted 11-14-2006).

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