title
AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLE 15, CHAPTERS 15.24 AND 15.28 BY REPEALING AND REPLACING BOTH CHAPTERS WITH TITLE 15, CHAPTER 24, “PROPERTY MAINTENANCE CODE” ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15, CHAPTER 15.04; AND TITLE 15, CHAPTER 15.12; AND TITLE 15, CHAPTER 15.64; AND TITLE 15, CHAPTER 15.68; AND TITLE 1, CHAPTER 1.32, SECTION 1.32.040; AND 15.32, SECTION 15.32.090 TO COMPLY WITH STATE LAW AND CORRECT INCONSISTENCIES IN EXISTING CODE
recommended action
RECOMMENDATION
It is recommended that the City Council adopt an ordinance to:
1. Repeal Title 15, Chapter 15.24 and Title 15, Chapter 15.28 of the Stockton Municipal Code and create Title 15, Chapter 15.24 to incorporate the 2024 International Property Maintenance Code, with amended provisions, to adequately protect the health, safety, and welfare or the public and occupants, and better align with other existing adopted Codes; and
2. Amend Stockton Municipal Code, Title 15, Chapter 15.04, “Administrative Provisions for Construction Codes”, regarding appeal provisions conflicting with the requirements of the California Code of Regulations, Title 24, Part II; and
3. Amend Stockton Municipal Codes, Title 15, Chapter 15.12, “Fire Code”, whereupon with the adoption of the 2022 California Fire Code, an Appendix within the code was inadvertently included, and Title 15, Chapter 15.64, “Swimming Pool Code”, whereupon with the adoption of the 2021 International Swimming Pool and Spa Code, an Appendix within the code was inadvertently included; and
4. Repeal Stockton Municipal Code, Title 15, Chapter 15.68, “Building Security Regulations” that is no longer relevant with the adoption of the International Property Maintenance Code; and
5. Amend Stockton Municipal Codes 1.32.040, “Appeal of Administrative Citation”, and 15.32.090, “Appeals”, to properly reference applicable and forms of appeal.
Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
body
Summary
This report recommends City Council adopt an ordinance amending several sections of the Stockton Municipal Code (SMC) to modernize building and property maintenance regulations, resolve internal inconsistencies, and ensure a legally sound appeals process. The proposed changes are comprehensive and address several key areas.
To modernize and streamline property maintenance regulations, the city should adopt the 2024 International Property Maintenance Code (IPMC), replacing outdated 1997 codes. This aligns local regulations with current best practices and state law. Additionally, the city should amend construction code appeal provisions (SMC 15.04) to comply with state regulations, remove conflicting appeal appendices from the 2022 California Fire Code and the 2021 International Swimming Pool and Spa Code, and clarify appeal processes for various violations within SMC 1.32.040, 8.28.080, and 15.32.090.
These combined changes aim to resolve long-standing issues stemming from reliance on outdated codes, improve communication and collaboration between City departments by establishing a unified code base, and mitigate the risk of legal challenges to the City's enforcement actions by ensuring adherence to state law and best practices.
DISCUSSION
Background
The City of Stockton's current building and property maintenance code framework is fragmented, outdated, and presents significant challenges to effective enforcement. For many years, the City has operated under a hybrid system, relying on a combination of the 1997 Uniform Codes (Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings) and more recent editions of the California and International Codes. This "patchwork" approach, where different departments operate under different code versions, creates a complex regulatory landscape that hinders efficient and consistent code enforcement. This mixed system creates several problems that impede efficient and consistent code enforcement.
First, it leads to inconsistent enforcement. The Building Division and Neighborhood Services Section, while frequently collaborating on enforcement matters, operate under different code versions, creating confusion among staff regarding which standards apply in specific situations. This can lead to potential inconsistencies in how regulations are interpreted and applied to property owners, resulting in uneven enforcement and potentially undermining public trust in the system. For example, a property owner might be cited by one department under a specific provision of the Uniform Housing Code, while a similar property owner might be addressed by another department under a different, potentially conflicting, provision of the International Property Maintenance Code.
Second, the 1997 Uniform Codes, as published by the International Conference of Building Officials (ICBO), are no longer updated and have been superseded by the International Code Council (ICC) codes, meaning they lag significantly behind current building practices, safety standards, and technological advancements in construction materials and methods. This outdated framework creates challenges in addressing modern construction and renovation projects, potentially compromising safety by not reflecting current best practices and hindering innovation by making it difficult to incorporate new technologies and materials. For instance, the 1997 Uniform Codes may not adequately address energy efficiency standards, seismic requirements, or the use of sustainable building materials that are now commonplace in modern construction.
Third, the differing code bases create communication barriers between departments and necessitate officials regularly re-familiarizing themselves with outdated codes when their specific expertise is required. This process is inefficient and can lead to delays in enforcement actions, as staff must spend valuable time researching and interpreting outdated regulations rather than focusing on proactive code enforcement and community engagement. This also makes training and professional development more challenging, as staff must be proficient in multiple, sometimes conflicting, code versions.
Fourth, significant concerns exist regarding the appeals process. Recent caselaw highlights the need to address appeals related to construction and building code violations through a dedicated Building Board of Appeals as opposed to the administrative hearing process currently being used by the City.
Finally, during the adoption of the 2022 California Fire Code and the 2021 International Swimming Pool and Spa Code, appendices related to appeals were inadvertently included. These appendices conflict with the City's established appeal processes, which are outlined in other sections of the municipal code. These conflicting provisions create confusion for both city staff and the public regarding the proper channels for appealing code enforcement actions. These inconsistencies must be removed to avoid confusion and ensure the proper and legally sound handling of appeals.
Present Situation
It’s essential to comply with current legal standards, which will improve the efficiency of code enforcement, and ensure the safety and well-being of Stockton residents. The City's current reliance on a patchwork of outdated and conflicting codes creates significant vulnerabilities and hinders effective governance. Adopting the 2024 IPMC is essential to replace the outdated and inadequate 1997 Uniform Housing Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings. These antiquated codes no longer reflect contemporary building practices, safety standards, or legal interpretations, creating ambiguity and potentially compromising public safety. The IPMC offers a consistent, up-to-date, and nationally recognized framework for property maintenance, providing clear guidelines for both property owners and City staff. Further, the IPMC is updated every three years through the model code development process ensuring the latest property maintenance and safety requirements are continually adopted. This transition will not only simplify enforcement by providing a single, unified code base, eliminating the current confusion caused by disparate regulations, but also significantly improve interdepartmental communication and collaboration. A unified code will facilitate seamless information sharing and a more coordinated approach to enforcement between the Building Division, Neighborhood Services, and other relevant departments. Furthermore, it will align Stockton with current best practices in property maintenance, ensuring that the City's regulations reflect modern building practices, safety standards, and evolving legal interpretations. This alignment is critical for protecting public health and safety, promoting sustainable development, and complying with current legal standards.
Appeals process reform is also essential. Amending the administrative provisions for construction codes and other relevant sections is critical to ensure full compliance with state law. Amending the code will involve clarifying the role and structure of the Building Board of Appeals, establishing clear guidelines for its operation, and defining the specific types of appeals that fall under its purview. Critically, it will ensure that appeals related to building and construction codes, which require specialized expertise, are handled by the appropriate body, mitigating the risk of future legal challenges based on improper handling of appeals and ensuring fairness for all parties involved. This reform will not only protect the City from potential litigation but also enhance public trust in the fairness and impartiality of the appeals process. Further, the Handicapped Access Board of Appeals was reformed to align structurally with the amendments to the Building Board of Appeals and to remove outdated language with regards to individuals with disabilities.
Removing the inadvertently adopted appendices from the Fire Code and Swimming Pool Code is a necessary technical correction to eliminate conflicts and ensure the codes are clear, consistent, and legally enforceable. The presence of conflicting appeal processes within these codes creates ambiguity and could lead to confusion and legal challenges. This correction will streamline the appeals process and ensure that all appeals are handled according to the City's established procedures. Finally, correcting the references to appeals processes in various sections of the SMC will ensure clarity and consistency throughout the code, simplifying the process for both the City and members of the public seeking to understand and exercise their appeal rights. Accurate and consistent references are essential for ensuring that individuals are aware of their rights and have access to the appropriate channels for resolving disputes. These changes, taken together, will not only improve the City's code enforcement framework but also enhance public safety, promote responsible property maintenance, and contribute to a more efficient, transparent, and legally sound regulatory environment. A modernized and consistent code framework will streamline operations, improve communication, and ultimately better serve the residents of Stockton.
FINANCIAL SUMMARY
Adoption of the International Property Maintenance Code and amending existing Codes is not expected to have a negative fiscal impact.
Attachment A - Proposed IPMC Ordinance Redlined Version