Chapter 15.54
OCCUPANCY OF BUILDINGS ON FORT ORD

Sections:

15.54.010    Definitions.

15.54.020    Findings of fact.

15.54.030    Purpose.

15.54.040    Occupancy permit required.

15.54.050    Nuisance declared.

15.54.060    Occupancy permit procedure.

15.54.070    Appeals.

15.54.080    Compliance with Chapter 15.40.

15.54.010 Definitions.

The following words, when used in this chapter, shall have the meanings respectively ascribed to them as follows:

“City” means the city of Marina.

“Fort Ord” means the portion of the city lying within the former boundaries of Fort Ord, including Fritzsche Field.

“Substandard building” shall have the same meaning as is described in the State Housing Law, California Health and Safety Code Section 17920.3. (Ord. 95-5 § 1 (part), 1995)

15.54.020 Findings of fact.

The city council finds that the buildings on Fort Ord within the city’s jurisdiction have been built under varying standards of construction, over a considerable number of years, have suffered various degrees of deterioration since their last occupancy, and are in unknown conditions of safety. The city council further finds that the best method to determine if the above-described buildings are safe for habitation and use is to require an inspection and determination of safety prior to any habitation or use. (Ord. 95-5 § 1 (part), 1995)

15.54.030 Purpose.

The purpose of this chapter is to prescribe the procedure and criteria for making the determination whether a building is safe for habitation and use. (Ord. 95-5 § 1 (part), 1995)

15.54.040 Occupancy permit required.

It is unlawful for any person to occupy, use or otherwise permit occupancy of any building on Fort Ord, other than those classified as “M-1 agriculture buildings” pursuant to the Uniform Building Code, until an occupancy permit is issued pursuant to this chapter. (Ord. 95-5 § 1 (part), 1995)

15.54.050 Nuisance declared.

The following are declared to be a nuisance and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction, to grant such relief as will abate such use, occupancy or habitation and restrain and enjoin any person, firm or corporation from using any such building or structure contrary to the provisions of this chapter:

A.    Any building occupied or used in violation of this chapter;

B.    Any building for which an inspection has been performed and report of violations has been provided pursuant to this chapter and said violations have not been corrected or a building permit issued for those corrections within six months of the date of the report of violations. (Ord. 95-5 § 1 (part), 1995)

15.54.060 Occupancy permit procedure.

Prior to the first change of use in any manner of a building subject to this chapter following conveyance from the federal government, the owner or proposed occupant shall apply for an occupancy permit, pursuant to the following procedures:

A.    Application shall be on a form provided by the building official and approved by the city manager. The application shall include but not be limited to the following:

1.    A plot plan indicating dimensions of each building and showing the size of any living and garage areas, lot size, shape and setback, number of bedrooms, bathrooms, sewer and water lines and gas, electric and water meters. Sewer and water lines may not pass through neighboring property not including a public way without a valid easement recorded in conformance with the law;

2.    In other than single-family dwellings, a set of plans or reference to plans on file with the building official of the existing building showing intended use, exits, mechanical equipment, plumbing layout and electrical layout;

3.    The location of smoke detectors;

4.    Any other information required by the building official.

B.    The application shall be accompanied by the proper fee as determined by the city council pursuant to Chapter 3.24 of this code.

C.    Within fifteen working days of receipt of a properly completed application and the appropriate fee, or, upon a showing of good cause the building official determines that more days are required, the building official, or his or her representative, shall inspect the building and issue one of the following to the applicant:

1.    Upon a finding of no violations of those codes adopted under Title 15 (the Building Codes) which would make the building unsafe or substandard and the use is in conformance with Title 17 of this code (the zoning ordinance), an occupancy permit shall be issued.

2.    Upon a finding of violations of the building codes which make the building unsafe or substandard or the use is not in conformance with Title 17 of this code, a report of violations shall be issued. Any such report shall indicate the location of the violation within the building and the appropriate citation of the Uniform Building Code or similar code. (Ord. 2005-12 § 1 (Exh. A (part)), 2005; Ord. 95-5 § 1 (part), 1995)

15.54.070 Appeals.

Any person aggrieved by any decision or action of the building official in respect to any application for an occupancy permit may appeal, in writing, to the city council within twenty days after the decision or action in question upon payment of the appropriate fee. In addition any member of the city council may request, in writing, within said time period that the decision or action of the building official be reviewed by the city council as if on appeal. The matter of the appeal or review shall be heard by the city council within forty-five days from the date of filing a request therefor, and notice of the time and place of such hearing shall be mailed to the appellant, to the applicant if other than the appellant, and to the owners of all adjacent property, not less than ten days prior to the date of such hearing. Failure of any person to receive notice of the hearing shall in no way affect the validity of the action taken. (Ord. 95-5 § 1 (part), 1995)

15.54.080 Compliance with Chapter 15.40.

The inspection described in this chapter may be in lieu of any inspection required by Chapter 15.40. An occupancy permit may be delivered to the first buyer of the property following its issuance and may be used for compliance with Chapter 15.40. (Ord. 95-5 § 1 (part), 1995)