SECTION 16. Chapter 14.40 (Board of Building Appeals) of Title 14 (Buildings and Construction) of the DMC is amended as follows (deletions in strikethrough and additions in double underline):
Chapter 14.40 BOARD OF BUILDING APPEALS
14.40.010 Established.
There is created a city board of building appeals (hereinafter referred to as "board") consisting of three members who shall be qualified by training and experience in building construction of the building trades. All three members shall be appointed by and serve at the pleasure of the city council. The board shall have the powers granted, and shall assume the duties, responsibilities and functions imposed by Title 14 (Buildings and Construction) of the Delano Municipal Code (hereinafter referred to as "code") upon the board. The authority of the board is limited to the administrative provisions of this title and does not permit waivers of any code requirements. The building official/senior building inspector (hereinafter referred to as "building official") shall be a nonvoting, ex officio member and shall act as secretary of the board.
14.40.01020 City Council as board of building appeals. Authority designated.
The city council board shall act as the board of building appeals (hereinafter referred to as “board”) to resolve all appeals relating to any notice and order or any action or interpretation of the building official arising under Title 14 of this code or any other code within the authority and jurisdiction of the building official, including, but not limited to, decisions regarding the suitability of alternate materials and methods of construction arising under the code. The board shall have no authority relative to interpretation of the administrative provisions of the code nor shall the board be empowered to not have authority to waive requirements of the code. The board shall adopt reasonable rules and regulations, consistent with the purposes of such codes, for conducting its hearings and investigations; it shall render written findings and decisions signed by its chairman and secretary in all cases to the building official, and serve a copy on the appellant. The board may study and recommend to the city council new legislation consistent with its purposes and function.
14.40.02030 Hearing procedures.
All appeals must be filed in writing with the City Clerk, and all applicable fees paid, within 30 days from the date of the service of such order or action of the building official, unless another appeals period is applicable. An application for appeal shall be based on a claim that the true intent of Title 14 of this code or any other code within the authority and jurisdiction of the building official or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of such codes do not fully apply or an equivalent or better form of construction is proposed. Only those issues raised by the appellant shall be considered for the appeal. Failure to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any action or interpretation of the building official. The board shall have the responsibility of hearing and deciding appeals of any interpretations of the rules made by the building official for resolving decisions made by the building official upon the approval of equipment and materials, and for resolving any questions concerning the City of Delano
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granting of the special permission contemplated in a number of rules or suitability of alternate methods, in connection with the code.
14.40.040 Powers and duties.
The board shall have the following duties and powers:
A. Provide for final interpretation of the provisions of Title 14 of thise code or any other code within the authority and jurisdiction of the building official adopted by the city council and conduct hearings on the abatement of nuisances, where applicable, as provided in Chapter 14.40, Title 14 of this code Delano Municipal Code;
B. Hear appeals from decisions of the building official on matters pertaining to the moving of dwellings and buildings accessory thereto in the interpretation of Chapter 14.32, Title 14 of the Delano Municipal Code;
C. Perform such other functions and duties as may be delegated to it by the city council by ordinance or otherwise;
D. C. Adopt such rules and regulations consistent with laws as it sees fit to conduct all business that may come before it;
E. D. Conduct hearings on matters pertaining to the standards for reinforcing of unreinforced masonry bearing wall buildings contained within Senate Bill 547.
In the conduct of such hearings, the building official shall retain a structural engineer (selected in rotation from a list recommended by the Structural Engineers Association of California Hazardous Building Subcommittee) to review each appeal and shall submit a written report to the board for its consideration at the hearing.
SECTION 17. Section 14.60.050 (Definitions.) of the Chapter 14.60 (Floodplain Management) of Title 14 (Buildings and Construction) of the DMC is amended to add the following definitions (deletions in strikethrough and additions in double underline):
“Accessory structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
“Agricultural structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses. “Alteration of watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
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“ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
“Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
“Coastal A Zone” means a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding. During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1 ½ feet (457 mm). The inland limit of the coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority having jurisdiction. “Coastal high hazard area” means the area within the special flood hazard area extending from offshore to the inland limit of a primary dune along an open coast and any other area that is subject to high-velocity wave action from storms or seismic sources, and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard map as velocity Zone V, VO, VE or V1-30.
“Design flood” means the flood associated with the greater of the following two areas:
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
(2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm).
“Exceptional hardship” means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional.
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Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships.
All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended. “Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
“Flood damage-resist material” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair.
“Flood hazard area” means the greater of the following two areas:
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
“Letter of map change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations. (4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
“Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) City of Delano
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square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.
“Limit of moderate wave action (LiMWA)” means a line shown on FIRMs to indicate the inland extent of the 1 1/2-foot breaking wave height during the base flood. “Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations. “Sand dunes” mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
“Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
SECTION 18. Section 14.60.070 of the Chapter 14.60 (Floodplain Management) of Title 14 (Buildings and Construction) of the DMC is amended as follows (deletions in strikethrough and additions in double underline):
14.60.070 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) for Kern County, California and Incorporated Areas prepared by RBF and Associates, dated October 21, 2021 December 23, 1991, and all subsequent amendments and revisions, and the accompanying and the Kern County Flood Insurance Rate mMaps (FIRM) Panel #0600750125B, dated September 29, 1986, including its Letter of Map Revision dated November 3, 1993, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIRM, FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council of the city by the floodplain administrator. The study and FIRM are on file at Delano City Engineering Department, 1015 Eleventh Avenue, Delano, California.
SECTION 19. Section 14.60.190 of the Chapter 14.60 (Floodplain Management) of Title 14 (Buildings and Construction) of the DMC is amended as follows (deletions in strikethrough and additions in double underline):
14.60.190 Whenever a watercourse is to be altered or relocated.
A. Notify adjacent communities and the California Department of Water Resources City of Delano
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prior to alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency
B. Require that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.
C. Requirement to Submit New Technical Data. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
SECTION 20. Section 14.60.260 of the Chapter 14.60 (Floodplain Management) of Title 14 (Buildings and Construction) of the DMC is amended as follows (deletions in strikethrough and additions in double underline):
14.60.260 Elevations and floodproofing.
A. Except for areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated one foot above the base flood elevation. Nonresidential structures may meet the standards in Subsection
14.60.260C. Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as a shed or detached garage) may meet the requirements of Subsection 14.60.260E. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer, architect or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
B. For areas of shallow flooding, new construction, substantial improvement and other proposed new development of any structure in a special flood hazard area shall have the lowest floor, including basement, elevated to a height above the highest adjacent grade of the depth number on the at least one foot above the shallow flooding depth or depth number specified in feet on the Flood Insurance Rate Map (FIRM), plus one foot. or at least two feet if no depth number is specified. The elevation is to be measured from the highest adjacent grade upstream of the structure. Nonresidential structures may meet the standards in Section 14.60.260. Qualifying uninhabitable attached garages or storage rooms and accessory structures (such as shed or detached garage) may meet the requirements of Section 14.60.260. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer, architect, or licensed surveyor, or verified by the building official to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
C. Nonresidential construction shall either be elevated in conformance with Subsections
14.60.260.A or B or, together with attendant utility and sanitary facilities:
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1. Be floodproofed one foot above the base flood level so that the structure is watertight with walls substantially impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
3. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
D. Require, for all new construction, substantial improvement and other proposed new development, that fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
1. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding(as indicated by the elevation requirements of this section) shall be provided, the bottom of all openings shall be no higher than one foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); or
2. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.
E. For an uninhabitable attached garage or storage facility on a residential structure usable solely for parking of vehicles, building access or storage in an area other than a basement, or for accessory structures (such as a shed or detached garage), not representing a significant investment as determined by the floodplain administrator in exercise of his reasonable discretion, may be allowed to have the finished floor of the attached garage, storage room or accessory structure built below the base flood elevation without floodproofing, provided that conditions shall be imposed relating to the construction and use of such accessory structure, as follows:
1. Such structure shall be firmly anchored to prevent flotation, collapse, or lateral movement which may result in damage to other property.
2. Such structure shall be constructed with materials resistant to flood damage.
3. Such structure shall be constructed with utilities, if any (e.g., electrical plumbing, etc.), resistant to flood damage. Utilities, if any, should be elevated or floodproofed.
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4. Such structure shall be constructed by methods and practices that minimize flood damage. The structure should be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
5. The structure shall not be used for human habitation, including but not limited to, placement of laundry facilities, workshops, or other similar uses.
F. Manufactured homes shall also meet the standards in Section 14.60.290.
SECTION 21. Section 14.60.290 of the Chapter 14.60 (Floodplain Management) of Title 14 (Buildings and Construction) of the DMC is amended as follows (deletions in strikethrough and additions in double underline):
14.60.290 Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved within a special flood hazard area either outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall:
1. Be elevated on a permanent foundation such that the top of the steel frame is one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement; or
2. If the manufactured home is to be placed on an earth pad, the finished pad elevation shall be one foot above the base flood elevation and the manufactured home must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision in a special flood hazard area that are not subject to the provisions of Subsection 14.60.290.A shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either:
1. The top of the steel frame, or the top of the finished pad when an earth pad is used to meet the elevation requirements, is one foot above the base flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirtysix inches in height above grade.
SECTION 22. Findings. In accordance with Health and Safety Code § 17958.7, the City Council of the City of Delano hereby finds that the amendments to the 2025 California Fire Code are reasonable and necessary because of local climatic, geographic, City of Delano
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and topographical conditions within the City’s jurisdiction justifying the various local amendments to the California Building Code Standards Code as set forth in attached Exhibit “A,” which is adopted by the City Council and incorporated by reference.
SECTION 23. Environmental Assessment. The City Council finds that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq., “CEQA”) and CEQA Guidelines (14 Cal. Code of Regs., § 15000 et seq., “CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of construction-related regulations and specifications of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor, and therefore does not have the potential to cause significant effects on the environment. In addition, this Ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.
SECTION 24. Effect of Repeal. Repeal of any provision of the DMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and the imposition of penalties for any violation occurring before this Ordinance’s effective date.
Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 25. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 26. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 27. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with state law.
SECTION 28. Effective Date. This Ordinance will become effective thirty (30) days from and after the date of its final passage and adoption. However, by operation of law, the 2025 Edition of Title 24 of the California Code of Regulations, also referred to as the California Building Standards Code, shall become effective on January 1, 2026.
SECTION 29. Filing with Building Standards Commission. The City Clerk must file a certified copy of this Ordinance with the California Building Standards Commission.
PASSED AND ADOPTED this ___ day of ______________, 2025.
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__________________________
Liz Morris, Mayor
ATTEST:
_________________________
Ricardo Chavez, City Clerk
APPROVED AS TO FORM
By: ________________________________
Mark D. Hensley, City Attorney
EXHIBIT "A"
Statement of Local Findings
City of Delano
Code of Building Regulations:
California Fire Code
Statement of Local Findings
The State of California has adopted portions of the Model Codes, which became Part of Title 24 of the California Code of Regulations, titled the California Building Standards Code. Sections 13143.5 and 17958.5 of the Health and Safety Code authorize the City of Delano to make amendments which are considered reasonably necessary modifications based on local topographical, geological or climatic conditions.
The County of Kern provides all fire services to the City of Delano. In accordance with Section 17958.7 of the Health and Safety Code, local amendments have been made to the 2025 Edition of the California Fire Code based on appropriate findings. The attached table identifies the relevant sections of the Kern County Fire Code, as adopted by County of Kern Ordinance No. G-9359, and adopted by reference by the City of Delano, as amended and modified by Chapter 17.32 of the Code of Ordinance of the County of Kern, as if fully set forth in Title 14 of the Delano Municipal Code, and as well as the corresponding section in the appropriate California Fire Code. A summary of the amendment is identified, as well as a reference to the appropriate finding(s) indicated below.
I. Climatic
A. Various areas of the City of Delano are subject to extreme wind. Santa Ana winds are prevalent and 70.mph (fastest mile) winds are common at any time of the year. This results in frequent movement and shifting of buildings, structures, and associated systems serving those facilities. These conditions cause drying of vegetation and an increased fire danger. This predisposes the area to large destructive fires with great potential of damage to structures.
B. The City of Delano is susceptible to extended periods of Tule fog. These conditions cause loss of visibility. This condition often results in multiple vehicle accidents which will commit emergency resources for extended periods of time, as well as create driving difficulties for emergency equipment resulting in delayed response times to fires and other emergencies.
C. Dry climate conditions and high winds contribute to the rapid spread of fire, even small fires. These rapidly spreading fires create a need for increased levels of fire protection.
The added protection from fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for building occupants and by containing and controlling the spread of fire.
II. Topographic
A. The City of Delano has several man-made topographical features that restrict fire apparatus response and result in delayed response times by the Fire Department.
Traffic circulation is very poor, resulting in slow responses by emergency personnel. The county is traversed by numerous canals, irrigation ditches, railroads, etc., that also inhibit emergency response. The initial stages of a fire are the most critical, and delayed response times to an emergency can endanger lives and property.
B. As the fire services provide for the City of Delano, Kern County, being the third largest county in the state consisting of approximately 8,200 square miles, may have lengthy response times by fire apparatus, and much of the county is located in the State Responsibility Area or Wildland-Urban Interface area which contains heavy vegetative fuels and challenging terrain.
C. The topography in the City of Delano lends itself to heavy agricultural use. The general topography within the County is conducive to the use of agricultural fireworks to scareoff birds and other animals. The agricultural uses are normally in remote or scarcely populated areas. The use of agricultural fireworks to discourage wildlife from eating the crops is an acceptable procedure in these topographic conditions.
D. The City of Delano has several man-made topographical features that restrict fire apparatus response. The farming community has constructed many surface canals to provide water for agricultural operations. Additionally, the County is served by several major railways which divide communities and regions. Travel across these obstructions can cause delayed response to fires and other emergencies which is partly mitigated by the installation of built-in fire protection and other protection measure to protect occupants and property.
E. Topography of the City restricts or slow the operation of fire apparatus. The fire hydrants would be necessary to assist the emergency crews and provide for greater options during fire operations.
F. Topographical features and traffic-caused delays translates to delayed responses and fire suppression operations. Strict permitting; reasonable zoning ordinances; and other suitable protective measures will militate against these inhibiting factors and will discourage fire ignition and growth; enabling responders to successfully resolve emergency events.
G. The topography in The City of Delano lends itself to heavy agricultural use. The expansiveness and general topography allows for larger agricultural piles of combustible material since the piles can be adequately separated to mitigate fire spread. This allowance is equivalent to an alternate method.
III. Geologic
A. The City is within a high seismic area with many major faults traversing the region. A major earthquake is highly probable and could damage numerous structures and infrastructure. This catastrophic damage would put the general public at high risk.
Emergency response crews would not be able to respond to every incident immediately.
Built-in fire protection and other safety measures, such as limitations of building height, stories, and areas, would provide a higher level of safety for building occupants, property and emergency responders. This is even more critical in high occupancy (assembly) buildings, where the potential loss of life is very high. Minor earthquakes occur regularly, causing frequent movement and shifting of buildings, structures, and associated systems serving those facilities.
B. Kern County is known for its oil production. Many oilfield installations are regulated by other agencies and therefore, certain structures are exempt from local permits, including those in the City of Delano. These exempted items were carefully evaluated and structural stability, health, fire, and life safety, etc. were all considered.
C. A severe seismic event has the potential to negatively impact any rescue or fire suppression activity because it is likely to create obstacles. History has shown that multiple fires will occur as a result of this catastrophic damage. These fire flows will provide a higher level of effectiveness of the fire crews which enhances the safety of the public during and immediately after a major earthquake.
IV. Other
A. The City of Delano, because of a combination of climatic, topographic and geologic conditions, the residential building market changes dramatically and frequently. As such, residential buildings undergo new ownership, and new occupancy characteristics. A floor system originally designed as a sleeping room may be changed to a home office or a hobby room, or a different use with a higher required floor live load. Attached garages are also frequently converted to habitable space, and consequently, are heated and cooled.
B. These amendments are made to be consistent with the Public Resources Code, Health and Safety Code, Title 24, or the California Code of Regulations.
C. This is an accepted Alternate Method or Material for meeting the intent of the Code as allowed in Fire Code Section 104.2.3, and Wildland Urban Interface Code Section 104.2.2.
D. These amendments to allow Safe and Sane Fireworks and are added to correlate with California State Fire Marshal's requirements found in Title 19.
E. These amendments were made to specify the local requirements in regard to the followup for flammable liquid or hazardous materials leaks in the County of Kern. The Environmental Health Department has been designated to handle record keeping and assess the contamination problems which would occur with hazardous materials.
F. Revisions made to address administrative policies and procedures established in the City.
G. Revisions made to include errata and editorially correct code language.
Kern County
Code Section
CA Fire Code
Section Summary Findings
17.32.005 101.1 This section is amended to identify the code as the Kern County Fire Code.
IVF
17.32.010 103.1 This section is amended to establish the Office of Fire Prevention.
IVF
17.32.015 103.2 This section is amended to specify that the Fire Chief is the "fire code official".
IVF
17.32.020 103.3
This section is amended to specify that
Captains, Engineers and Chief Officers have
the powers of peace officers.
IVF
17.32.025 105.1.1 This section is amended clarify the process for application for permits under the code. IVF
17.32.030 105.5
This section is amended to address the
specific operations which require permits from
the Fire Department and to better
regulate hazardous operations.
IB, IC, IIB, IID,
IIF, IIIA
17.32.035 105.6
This section is amended to address the
specific operations which require permits from
the Fire Department and to better
regulate construction provisions in the code.
IB, IC, IIB, IID,
IIF, IIIA
17.32.040 109.2.1
This section is amended to specify that the
fire department requires a notice of two
working days for inspection requests, and
further revised to direct the proprietor
to facilitate the inspection process.
IVF
17.32.045 112
This section is amended to specify the Board
of Building Appeals as the members of the
Appeals Board, with any further appeal
subject to decision by the Board of
Supervisors.
IVF
17.32.050 113.4
This section is amended to identify the other
K.C. Code provisions that provide for
administrative penalties for failure to
comply with the code requirements.
IVF 17.32.155 - This section is added to identify property owners as liable for allowing the
possession, manufacture, storage, sale,
handling or use of illegal fireworks.
IVF
17.32.060 114.4
This section is amended to specify
penalties for failure to comply with the Fire
Code requirements.
IVF
17.32.065 203.5.1
This section is amended to classify indoor
cannabis cultivation, extraction and
processing as Group F-1, unless is
qualifies for Group H,.
IIA, IID, IIE
17.32.070 305.6
This section has been added to provide the
fire chief with the authority to restrict the use
of flame or ignition sources based on
environmental conditions that increase the
level of fire hazard and the potential for fire
spread.
IA, IC, IVF
17.32.073 320.2 This section is amended to correct section references in the code.
IVG
17.32.075 324
This section is added to regulate the retail
sales of cannabis in concert with state law
and regulate the indoor cultivation of
cannabis.
IC, IIA, IID, IIF,
IIIC
17.32.080 401.3
This section has been amended to specify
that releases or spills of a hazardous
materials must be reported, has been
expanded to increase the scope of
"reportable" emergencies, requiring a fire
department notification. This section has been
further amended to compel facility employees
to immediately notify the fire
department of a response need.
IB, IIA, IID,
IVE
17.32.085 403.1
This section is revised to eliminate the
requirement for fire and life safety plans in
specific occupancies
IIF, IVF
17.32.090 503.1.1
This section is amended to require paving
where apparatus access roads traverse
railroad tracks.
IIA, IID, IIIC
17.32.095 503.2.1
This section is amended to specify the width
requirements for access roads and widths for
one wav travel.
IB, IIA, IID,
IIIA
17.32.100 503.4
This section is amended to specify that
snowfall on an access road is not to be
considered an illegal obstruction of the
roadway.
IB, IIA, IID,
IIIA
17.32.105 507
This section is amended to specify the
location, spacing and installation of fire
hydrants and water supplies for fire
suppression.
IA, IB, IC, IIA,
IIE, IIIA, IIIC
17.32.110
Appendix D,
D103.6
This section is amended to specify the
method and type of identification of fire lanes.
The section specifies that the fire
lane shall be provided with signs and may
also have a red curb.
IB, IC, IID, IIE,
IIF,IIIA
17.32.115 703.1.1
This section is amended to require the
maintenance or closure of openings in a
structure would tend to increase the spread
of fire.
IB, IC, IIC, IID
17.32.120 806.1.1
This section is amended to specify alternate
methods which are acceptable for mitigating
the hazards associated with the placement
and decoration of Christmas
trees inside occupied buildings.
IVC
17.32.125 903.2.1
This section is amended to specify that when
an assembly occupancy is required to be
equipped with fire sprinklers, the sprinkler
system is to be installed in the
entire building.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.130 903.2.1.1
This section has been amended to show the
exceptions for sprinkler system requirements
in assembly buildings with less than 1,000
square feet, and Group A-3 with a fire area
not more than 5,000 square
feet with an occupant load of less than 100.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.135 903.2.1.3 This section has been deleted to correlate with the actions taken in Section 903.2.1.1.
IB, IC, IIA, IIB,
IID, IIIA, IIIC,
IVG
17.32.140 903.2.1.4
This section has been deleted to correlate
with the actions taken in Section 903.2.1.1.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.145 903.2.2.3
This section has been added to specify that
certain B occupancies require automatic
sprinkler protection.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.150 903.2.3
This section has been amended to require
structures to be equipped with fire sprinklers
when the structure exceeds
10,000 square feet.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.155 903.2.4
This section is amended to require Group F
structures to be equipped with fire sprinklers
when the structure exceeds 10,000 square
feet or is used for cannabis
cultivation, processing or extraction.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.160 903.2.7
This section is amended to require structures
to be equipped with fire sprinklers when the
structure exceeds 10,000 square feet.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.165 903.2.8.4
This section is added to require manufactured
homes to be equipped with
fire sprinklers.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.170 903.2.9
This section is amended to require structures
to be equipped with fire sprinklers when the
structure exceeds
10,000 square feet.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.175 903.2.9.1
This section is amended to require sprinkler
protection for Group S-1 repair garages.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.180 903.2.10
This section is amended to require sprinkler
protection for certain Group S-2 occupancies.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.185 903.2.11.4
This section is amended to require all
structures, except Group U Occupancies, to
be equipped with fire sprinklers when the
structure is over three stories in height.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.190 903.3.1.2.3
This section is added to require residential
structures over two stories in height to be
equipped with fire sprinklers in the attic.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.195 903.3.11
This section is added to require multi- tenant
structures that are equipped with fire
sprinklers to provide a room for the fire
sprinkler control valve and riser.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.200 903.6
This section is amended to specify when
existing buildings must comply with the
requirements for installing fire sprinklers.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.205 905.5.3
This section is deleted to eliminate the use of
undersized 1" hose in a standpipe system.
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.210 907.2.1
This section requires a manual/automatic
alarm system in all Group A occupancies
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.215 907.2.8.1
This section requires a manual/automatic
alarm system in all Group R-1 occupancies
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.220 907.2.9.1
This section requires a manual/automatic
alarm system in all Group R-2 occupancies
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.225 907.11
This section requires a fire alarm control room
in a multi-tenant structure
IB, IC, IIA, IIB,
IID, IIIA, IIIC
17.32.230 Chapter 11 This chapter is amended to delete sections not adopted by the California State Fire
IVF
17.32.240 Chapter 26 This chapter is deleted to correlate with State regulations with fumigation operations.
IVF
17.32.245 3703.4
This section is amended to allow for larger
contiguous piles of agricultural products on
farms which are located in an A-Exclusive
Zone.
IIG
17.32.250 3905.5
This section is added to require fire sprinklers
in occupancies used for plant extraction and
cannabis processing.
IC, IIA, IID, IIE,
IIF
17.32.255 5001.7
This section is added to specify that the fire
code official has the authority to require a
more comprehensive facility correction plan at
locations using or storing hazardous
materials.
IB, IC, IID, IIIA,
IVE
17.32.260 5601.1.3
Item 5 is added to this section to correlate
with provisions in California Code of
Regulations, Title 19 for sale of Safe and
Sane fireworks.
IVD, IVF
17.32.265 5604.1.1
This section was added to restrict the storage
of explosives and explosive
materials in densely populated areas.
IB, IC, IIA, IID,
IIIA, IIIC
17.32.270 5614
This section is added to regulate the
permitting, use and sale of Safe and Sane
Fireworks.
IVB, IVD
17.32.275 5704.2.7.10
This section is amended to specify that
property owners must notify the fire code
official and Environmental Health Department
when leaks occur in storage tanks holding
flammable or combustible
liquids.
IVE, IVF
17.32.280 5704.2.9.6.1
This section is amended to restrict
aboveground storage of flammable and
combustible liquids in densely populated
areas.
IB, IC, IIA, IID,
IIF, IIIA, IIIC
17.32.285 5706.2.4.4
This section is amended to restrict
aboveground storage of flammable and
combustible liquids in densely populated
areas.
IB, IC, IIA, IID,
IIF, IIIA, IIIC
17.32.290 5706.3.1.3
This section is amended to permit the
construction of fire walls to reduce the setback
requirements between oil wells and
buildings.
IIIB, IVA
17.32.295 5706.3.3.3
This section is amended to correlate with
California Code of Regulations, Title 14 with
regard to specific requirements for the
fencing of oil sumps and diversion ditches.
IVB
17.32.300 5804.2.1
This section is amended to restrict storage of
compressed flammable gas in areas where a
higher population would be at risk
as a result of a release or fire.
IB, IC, IIA, IID,
IIF, IIIA, IIIC
17.32.305 5806.2
This section is amended to restrict
aboveground storage of flammable cryogenic
fluids and liquefied natural gas (LNG) in areas
where a higher population would be at risk as
a result of a release or
fire.
IB, IC, IIA, IID,
IIF, IIIA, IIIC
17.32.310 6104.2
This section is amended to restrict
aboveground storage of liquefied flammable
gas (LPG) in areas where a higher population
would be at risk as a result of a
release or fire.
IB, IC, IIA, IID,
IIF, IIIA, IIIC
17.32.315 6104.4
This section is amended to add language
outlining alternate methods (including a more
restrictive water extinguishing system)
acceptable for mitigating the hazards
associated with the storage of liquefied
petroleum gas (LPG) in distribution and
refining facilities.
IVC
17.32.320 6108.1
This section is amended to be consistent with
the action in Section 6104.4 and to reference
the KCFD Fire Prevention Standard for
mitigating the hazards associated with the
storage of liquefied
petroleum gas (LPG) in distribution and
refining facilities.
IVC, IVF
17.32.326 Appendix D,
D103.2
This section has been amended to specify the
grade requirements for constructing and
maintaining access roads.
IB, IIA, IIE, IIB,
IIIA
17.32.330
Appendix D,
D103.3
This section has been amended to specify
the turning radius requirements for
constructing and maintaining access roads.
IB, IC, IIA, IIB,
IID, IIIA
17.32.335
Appendix D,
D103.4 and
Table D103.4
This section has been amended to specify
the dead-end requirements for constructing
and maintaining access roads.
IB, IC,
IIA, IIB, IID,
IIIA
1 CITY OF DELANO
CITY COUNCIL STAFF REPORT
November 17, 2025
Agenda Item: 14
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Jerry Nicholson, Chief of Police
SUBJECT: Resolution declaring the condition of the property located at 320 10th Avenue to constitute a public nuisance pursuant to Civil Code Section 3749 and Delano Municipal Code Sections 7.32.010 & 7.32.015, ordering the abatement of said nuisance, and authorizing the City Manager to cause the nuisance to be abated should the property owner fail to do so
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and receive written and oral public comment on this agenda item; adopt a resolution declaring the condition of the property located at 320 10th Avenue (APN No. 037-234-01-0) to constitute a public nuisance as defined in Civil Code Section 3749, Delano Municipal Code Section 7.32.010 and Health and Safety Code Section 17920.3(j); order the abatement of said nuisance by removing the makeshift metal and plywood fence along 10th Avenue, removing of wood fence along the west alley, removing of wrought iron and block fence along 10th Ave and Dover St, removing the remaining concrete slab, leveling and grading the lot, and clearing the property of overgrown or dead vegetation and accumulated debris; authorize the City Manager to cause the nuisance to be abated should the property owner fail to do so; and, in such event, direct the City Manager to keep an itemized accounting of all costs incurred in the abatement of said nuisance and, if necessary, to seek reimbursement of such costs by placing a lien against the subject property in accordance with applicable law.
BACKGROUND AND DISCUSSION
State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter 7.32.) As explained in greater detail in the attached October 6, 2025 staff report, this single-family property has a long history of being a nuisance and involvement with code enforcement. On or about May 29, 2024, the single-family residence at 2 320 10th Avenue was extensively damaged by fire. The property was red-tagged on May 30, 2024, and remained abandoned thereafter. The City Manager issued an emergency abatement order to fence in and secure the property on April 24, 2025, and that work was accomplished On May 19, 2025, the City Council held a duly noticed public hearing and adopted Resolution No. 2025-37 declaring the Subject Property a public nuisance and ordering abatement of said nuisance by demolishing the structure and cleaning/clearing the Subject Property of other nuisance conditions.
In July 2025, the property owner caused the structure to be demolished and removed as directed by the City Council. However, there are some nuisance conditions that remain on the Subject Property that the owner has heretofore failed to address, despite being instructed to do so by Code Enforcement staff on several occasions.
The remaining nuisance conditions that must be abated include: (i) makeshift fencing made from metal and plywood along 10th Avenue in violation of DMC § 7.32.010(D); (ii) overgrown and dead and dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) incomplete demolition and removal of the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010(A) resulting in an uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors in violation of DMC § 7.32.010(i) and Health & Safety Code § 17920.3(j); and (iv) abandoned shopping carts and other debris on the property in violation of DMC §§
7.32.010(F) and 13.48.030.
On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record and posted and explained in greater detail in the attached October 6, 2025 staff report.
This abatement hearing to address the nuisance conditions on the Subject Property was originally noticed for October 6, 2025 City Council meeting. Shortly before the October 6, 2025 hearing, the property owner’s attorney contacted the City Attorney’s office to ask for more time to abate the nuisance. The property owner’s attorney explained that the property owner was still attempting to access funds in probate court to allow her to abate the property as requested by the City. He stated that his client had agreed to negotiate and enter into a compliance agreement.
The hearing was continued to October 20, 2025 to allow time to negotiate and execute the compliance agreement. Shortly before the October 20, 2025 hearing, the property executed the compliance agreement, so the City Council continued the hearing to November 17, 2025. That compliance agreement required the property owner to abate the nuisance by November 9, 2025.
As of the writing of his staff report on November 12, 2025, the nuisance conditions have not been abated, so City staff recommends that the City Council hold the hearing and adopt the proposed resolution.
After the hearing, the Resolution will be posted on the Subject Property and mailed to all owners, mortgagees, and beneficiaries under a deed of trust, of record. In the event the property owner fails to abate the nuisance condition as ordered by the Resolution within 30 days of the date of posting of the Resolution (and also does not file a petition for writ of administrative 3 mandamus in court within 30 days), the City Manager will be authorized to abate all nuisance conditions on the Subject Property.
ENVIRONMENTAL DETERMINATION
The Resolution is not subject to the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. (“CEQA”)) because there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3). In addition, the Resolution is exempt from the provisions of CEQA as an emergency action designed to protect the public health, safety, and welfare from the multiple threats posed by the attractive nuisance of a partially destroyed structure. (14 Cal. Code Regs. § 15269(c).)
FISCAL IMPACT
In the event the owner fails to fully abate the nuisance condition within the time prescribed in the Resolution, the City may assess against the Subject Property the costs it has incurred in the process. The costs will constitute a nuisance abatement lien upon the property until paid. The City will have the option of foreclosing on any such lien in order to reimburse the City for its costs. If there is insufficient equity in the Subject Property to cover the City costs, there will ultimately be a negative fiscal impact.
NOTE: If the Council proceeds with this abatement and future abatements, there are significant costs in City Attorney time, City staff time, and contractors to whom the City must pay prevailing wage. Each property owner could abate the nuisance condition much less expensively on their own.
In addition to the time required to research and prepare the correct noticing, obtain a title report, inspect and document the nuisance, and prepare the staff report and draft resolution, after the City Council approves the resolution, the City may abate by using its own personnel or by utilizing the services of a contractor. All of these costs will be itemized and then, after a public hearing is held before the City Council, a lien may be filed on the property. If there is sufficient equity in the property, eventually, upon the transfer of the property, the City will be reimbursed.
ATTACHMENTS
Draft Resolution No.
City Council Staff report dated October 6, 2025
14 Site Photographs
Notice of Violation
2 Administrative Citations
Notice of Public Hearing Regarding Public Nuisance and Abatement Order Affidavits of Mailing and Posting
1 CITY COUNCIL RESOLUTION NO. ____
A RESOLUTION OF THE DELANO CITY COUNCIL DECLARING THE
CONDITION OF THE PROPERTY LOCATED AT 320 10th AVENUE (APN NO. 037-234-01-0) TO CONSTITUTE A PUBLIC NUISANCE AS DEFINED IN CIVIL CODE SECTION 3749, DELANO MUNICIPAL CODE SECTION
7.32.010 AND HEALTH & SAFETY CODE SECTION 17920.3(J),
ORDERING THE ABATEMENT OF SAID NUISANCE, AND
AUTHORIZING THE CITY MANAGER TO CAUSE THE NUISANCE TO
BE ABATED SHOULD THE PROPERTY OWNER FAIL TO DO SO
The City Council of the City of Delano resolves as follows:
SECTION 1. Findings.
A. State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter 7.32.)
B. The property located at 320 10th Avenue (the “Subject Property”) was improved with a single-family residential dwelling and accessory structures. On or about May 29, 2024, a fire occurred at the Subject Property, resulting in extensive damage to the dwelling and to fencing in the rear yard.
C. The Subject Property was red tagged on May 30, 2024. On August 8, 2024, a Notice of Violation was mailed to the owners of record, informing them that the property had been deemed a public nuisance that must be abated and further detailing various violations of the Municipal Code, including, without limitation, DMC § 13.48.030 (Accumulations) and DMC § 7.40.060 (Security Requirements).
D. No efforts were undertaken in the ensuing months to abate the nuisance or otherwise correct the violations, and, on March 18, 2025, an administrative citation was issued imposed fines for the persistent Municipal Code violations. No remedial action was undertaken or commenced by the property owners in response to the March 18, 2025, administrative citation and, on April 16, 2025, a second administrative citation was issued.
E. On April 24, 2025, the City Manager issued an Emergency Abatement Order directing the City and/or its contractors to erect a temporary fence around the perimeter of the Subject Property and to post appropriate “No Trespassing” signs warning of the danger.
F. On April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its May 19, 2025 meeting to consider whether the 2 Subject Property should be declared a nuisance and whether to authorize demolition of the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City would constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.
G. In addition, on April 28, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the May 19 hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.
J. On May 19, 2025, the City Council held a duly noticed public hearing and adopted Resolution No. 2025-37 declaring the Subject Property a public nuisance and ordering abatement of said nuisance by demolishing the structure and cleaning/clearing the Subject Property of other nuisance conditions.
K. In July 2025, the property owner caused the structure to be demolished and removed as directed by the City Council. However, there are some nuisance conditions that remain on the Subject Property that the owner has heretofore failed to address, despite being instructed to do so by Code Enforcement staff on several occasions.
L. The remaining nuisance conditions that must be abated include: (i) makeshift fencing made from metal and plywood along 10th Avenue, remove wood fence along the west alley, remove the wrought iron and block fence along 10th Avenue and Dover Street in violation of DMC § 7.32.010(D); (ii) overgrown and dead and dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); and (iii) incomplete demolition and removal of the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010 (D) and an uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors in violation of DMC §§ 7.32.010(i) and Health & Safety Code § 17920.3(j); and (iv) abandoned shopping carts and other debris on the property in violation of DMC §§ 7.32.010(F) and 13.48.030.
M. On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its October 6, 2025 meeting to consider whether the Subject Property should be declared a nuisance and whether to authorize removal of the makeshift fence along 10th Avenue, clearing of overgrown/dead vegetation, and removal of accumulated junk and debris as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, 3 all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, and demolition by the City would constitute a special assessment or a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.
N. On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by removing the fence along 10th Avenue and cleaning and clearing the property.
O. This public hearing was listed on the City Council agenda, and the agenda was posted as required by applicable law.
P. On October 6, 2025, at the request of the property owner, the City Council continued the hearing to consider the subject matter of this Resolution to October 20, 2025.
Q. On October 20, 2025, at the request of the property owner, the City Council continued the hearing to consider the subject matter of this Resolution to November 17, 2025.
R. On November 17, 2025, the City Council held a duly noticed hearing to consider the subject matter of this Resolution.
SECTION 2. Declaration of Nuisance. The City Council has heard and considered all oral and written testimony provided by interested parties and members of the public and has reviewed and considered all of the evidence set forth in the administrative record, including, without limitation, the oral staff report and the written staff report and attachments thereto. Based upon the evidence as a whole in the administrative record, the City Council hereby declares the condition of the property located at 320 10th Avenue to constitute a public nuisance. Furthermore, the City Council finds and declares that removal of the makeshift metal and plywood fence along 10th Avenue, together with the clearing of all overgrown and dead vegetation, and removal of abandoned shopping carts and other accumulated debris is the appropriate means of abating the nuisance condition.
SECTION 3. Abatement Order. The City Council hereby orders the property owner to remove the following: (i) makeshift fencing made from metal and plywood along 10th Avenue, the wood fence along the west alley, and the wrought iron and block fence along 10th Avenue and Dover Street in violation of DMC § 7.32.010(D); (ii) overgrown and dead and dying vegetation in violation of DMC §§ 7.32.010(i) and
13.48.030, and Health & Safety Code § 17920.3(j); (iii) the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010 (D) and result in an uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors in violation of DMC §§ 7.32.010(i) and Health & Safety Code § 4 17920.3(j); and (iv) abandoned shopping carts and other debris on the property in violation of DMC §§ 7.32.010(F) and 13.48.030, and to otherwise clean and clear the property to the extent required to abate the public nuisance conditions thereon, including all conditions that constitute violations of the Delano Municipal Code, within 30 days of the posting of this Resolution on the Subject Property. All abatement measures must be completed to the satisfaction of the City’s Code Enforcement Officer in order to be considered in compliance with this order. This Resolution is ordered to be posted conspicuously on the Subject Property and mailed to all owners, mortgagees, and beneficiaries under a deed of trust, of record.
SECTION 4. Authorization for City to Abate. In the event the property owner fails to abate the nuisance condition to the satisfaction of the City’s Code Enforcement Officer within 30 days of the posting of this Resolution on the Subject Property, the City Manager is authorized to cause the nuisance to be abated by removal of the makeshift metal and plywood fence along 10th Avenue and by cleaning and clearing the property as necessary to abate all nuisance conditions thereon.
SECTION 5. Accounting of Abatement Costs; Lien Authorization. In the event the City is required to abate the nuisance condition on the subject property, the City Manager is directed to keep an itemized accounting of all costs incurred in the abatement of the nuisance, to provide the property owner with notice of said costs upon completion of the abatement, and to demand that the City be reimbursed for said costs within 30 days of notice thereof. If the property owner or other responsible party fails to reimburse the City within 30 days of the notice and demand, the City Manager is authorized to execute a nuisance abatement lien and to cause the same to be recorded against the property in accordance with applicable law.
SECTION 6. Agreements Authorized. The City Council hereby authorizes the City Manager to execute any and all agreements that may be necessary to cause the nuisance conditions on the subject property to be fully abated as contemplated herein.
SECTION 7. City Attorney Authorization. The City Attorney is hereby authorized to undertake and pursue any judicial proceedings as may be necessary to effectuate this order.
SECTION 8. Notice. The City Clerk is hereby directed, within one business day hereof, to provide notice of this Resolution to the property owner(s) of record, and to any mortgagees and any beneficiary under a deed, of trust of record. Notice is to be provided via certified mail, postage prepaid, return receipt requested. The City Council is further directed to post an executed copy of this Resolution on the subject property within one business day hereof.
SECTION 9. Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 17th day of November 2025. 5 _______________________________
Liz Morris, Mayor
ATTEST:
__________________________
Ricardo Chavez, City Clerk
APPROVED AS TO FORM:
__________________________
Mark D. Hensley, City Attorney
Any person wishing to challenge this decision must file a petition for writ of administrative mandamus pursuant to Code of Civil Procedure section 1094.5 in a court of competent jurisdiction within 30 days after the date of posting of this notice on the subject property. (Health & Safety Code § 17980.8; 25 Code Cal.
Regs. § 64.)
CITY OF DELANO
STAFF REPORT
October 6, 2025
Agenda Item:
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Jerry Nicholson, Chief of Police
SUBJECT: Resolution declaring the condition of the property located at 320 10th Avenue to constitute a public nuisance pursuant to Civil Code Section 3749 and Delano Municipal Code Sections 7.32.010 & 7.32.015, ordering the abatement of said nuisance, and authorizing the City Manager to cause the nuisance to be abated should the property owner fail to do so
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing and receive written and oral public comment on this agenda item; adopt a resolution declaring the condition of the property located at 320 10th Avenue (APN No. 037-234-01-0) to constitute a public nuisance as defined in Civil Code Section 3749 and Delano Municipal Code Sections 7.32.010 and 7.32.015; order the abatement of said nuisance by removing the makeshift metal and plywood fence along 10th Avenue, removing of wood fence along the west alley, removing of wrought iron and block fence along 10th Ave and Dover St, removing the remaining concrete slab, leveling and grading the lot, and clearing the property of overgrown or dead vegetation and accumulated debris; authorize the City Manager to cause the nuisance to be abated should the property owner fail to do so; and, in such event, direct the City Manager to keep an itemized accounting of all costs incurred in the abatement of said nuisance and, if necessary, to seek reimbursement of such costs by placing a lien against the subject property in accordance with applicable law.
DISCUSSION:
State Housing Law and the Delano Municipal Code (“DMC”) authorize the city to declare and abate public nuisances occurring on private property. (Health & Safety Code § 17980 et seq., DMC Chapter
7.32.) The property located at 320 10th Avenue (the “Subject Property”) was improved with a singlefamily residential dwelling. On or about May 29, 2024, a fire occurred at the Subject Property, resulting in extensive damage to the dwelling and to fencing in the rear yard.
The Subject Property was red tagged on May 30, 2024. On August 8, 2024, a Notice of Violation was mailed to the owners of record, informing them that the property had been deemed a public nuisance that must be abated and further detailing various violations of the Municipal Code, including, without limitation, DMC § 13.48.030 (Accumulations) and DMC § 7.40.060 (Security Requirements). No efforts were undertaken in the ensuing months to abate the nuisance or otherwise correct the violations, and, on March 18, 2025, an administrative citation was issued imposed fines for the persistent Municipal Code violations. No remedial action was undertaken or commenced by the property owners in response to the March 18, 2025, administrative citation and, on April 16, 2025, a second administrative citation was issued.
On April 24, 2025, the City Manager issued an Emergency Abatement Order directing the City and/or its contractors to erect a temporary fence around the perimeter of the Subject Property and to post appropriate “No Trespassing” signs warning of the danger.
On April 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its May 19, 2025 meeting to consider whether the Subject Property should be declared a nuisance and whether to authorize demolition of the damaged residence as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City would constitute a special assessment and a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.
In addition, on April 28, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the May 19 hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by razing or removing the structure.
On May 19, 2025, the City Council held a duly noticed public hearing and adopted Resolution No. 2025- 37 declaring the Subject Property a public nuisance and ordering abatement of said nuisance by demolishing the structure and cleaning/clearing the Subject Property of other nuisance conditions.
In July 2025, the property owner caused the structure to be demolished and removed as directed by the City Council. However, the property owner requested that staff allow her to keep the vegetation, the wrought iron fence and the concrete driveway, in hopes that she would rebuild the recently demolished residence. Staff agreed to this request, with the condition that the owner reinstate water service to the property to water the vegetation and to provide staff with a contract or agreement with a landscaping company for the maintenance of said vegetation, and to maintain the wrought iron fence. Despite various extensions granted to the property owner to fulfill the conditions set forth by Code Enforcement staff, there are some nuisance conditions that remain on the Subject Property that the owner has heretofore failed to address. Additionally, given the history of the property with vagrants and trespassers, allowing the wrought iron fence and the concrete slab to remain with attract said vagrants onto the property giving them a spot to erect encampments and create a nuisance to the neighboring properties.
The remaining nuisance conditions that must be abated include: (i) makeshift fencing made from metal and plywood along 10th Avenue, dilapidated wood fence along west alley, and deteriorated wrought iron and block fence along 10th Ave and Dover St. in violation of DMC § 7.32.010(D); (ii) overgrown and dead and dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) incomplete demolition and removal of the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010(D); (iv) uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors; and (v) abandoned shopping carts and other debris on the property in violation of DMC §§ 7.32.010(F) and 13.48.030. Photographs of these conditions are attached to this report.
On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was sent by certified mail to all owners of record. The Notice informed the recipients that the City Council would conduct a hearing at its October 6, 2025 meeting to consider whether the Subject Property should be declared a nuisance and whether to authorize removal of the makeshift fence along 10th Avenue, clearing of overgrown/dead vegetation, removal of the remaining concrete slab, leveling and grading of the dirt lot, and removal of accumulated junk and debris as the appropriate means of abatement. The Notice further informed the recipients that, in the event the nuisance was not promptly abated by the owner, the cost of the city’s administrative proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, and demolition by the City would constitute a special assessment or a nuisance abatement lien on the property upon which the City may foreclose in order to reimburse the City for these costs.
On September 25, 2025, a “Notice of Hearing on Abatement of Nuisance” was posted on the Subject Property informing the owner and the general public of the time and date of this hearing and inviting the owner to be present and show cause, if any, why the structure should not be condemned as a public nuisance and the nuisance abated by taking the actions specified above.
After the hearing, the Resolution will be posted on the Subject Property and mailed to all owners, mortgagees, and beneficiaries under a deed of trust, of record. In the event the property owner fails to abate the nuisance condition as ordered by the Resolution within 30 days of the date of posting of the Resolution (and also does not file a petition for writ of administrative mandamus in court within 30 days), the City Manager will be authorized to abate all nuisance conditions on the Subject Property.
ENVIROMENTAL DETERMINATION:
The Resolution is not subject to the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. (“CEQA”)) because there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3). In addition, the Resolution is exempt from the provisions of CEQA as an emergency action designed to protect the public health, safety, and welfare from the multiple threats posed by the attractive nuisance of a partially destroyed structure. (14 Cal. Code Regs. § 15269(c).)
FISCAL IMPACT:
In the event the owner fails to fully abate the nuisance condition within the time prescribed in the Resolution, the City may assess against the Subject Property the costs it has incurred in the process.
The costs will constitute a nuisance abatement lien upon the property until paid. The City will have the option of foreclosing on any such lien in order to reimburse the City for its costs. If there is insufficient equity in the Subject Property to cover the City costs, there will ultimately be a negative fiscal impact.
NOTE: If the Council proceeds with this abatement and future abatements, there are significant costs in City Attorney time, City staff time, and contractors to whom the City must pay prevailing wage.
Each property owner could abate the nuisance condition much less expensively on their own.
In addition to the time required to research and prepare the correct noticing, obtain a title report, inspect and document the nuisance, and prepare the staff report and draft resolution, even after the City Council approves the resolution, the City will need to seek an abatement warrant from Superior Court (unless the property owner or occupant consents to entry upon the property) and then, finally, the City may abate by using its own personnel or by utilizing the services of a contractor. All of these costs will be itemized and then, after a public hearing is held before the City Council, a lien may be filed on the property. If there is sufficient equity in the property, eventually, upon the transfer of the property, the City will be reimbursed.
ATTACHMENT(S):
1. Draft Resolution
2. 14 Site Photographs
3. Notice of Violation
4. 2 Administrative Citations
5. Notice of Publice Hearing Regarding Public Nuisance and Abatement Order
6. Affidavits of Mailing and Posting
CITY HALL COUNCIL MEMBERS
1015 ELEVENTH AVENUE Joe L. Alindajao, Esq.
POST OFFICE BOX 3010 MAYOR
DELANO, CALIFORNIA 93216-3010 Liz Morris
MAYOR PRO TEM
(661) 721-3300 Mario Nunez, Jr.
(661) 721-3317 TDD Salvador Solorio-Ruiz
www.cityofdelano.org Veronica Vasquez
Maribel G. Reyna
CITY MANAGER
VIA CERTIFIED MAIL
ROBICHEAUX MELLANIQUE L
3809 PENNIMAN AV # 102
OAKLAND, CA 94619
August 8, 2024
Re: Notice of City of Delano Municipal Code Violations
320 10TH AV DELANO, CA
APN 037234010
CODE 2024-0100
Dear ROBICHEAUX MELLANIQUE L
It is our understanding that you are the owner of the property located at 320 10TH AV (the “Property”). It has come to our attention that the Property is being used or maintained in violation of the Delano Municipal Code. As such, the Property is considered a public nuisance and must be abated.
In particular, City staff has observed the following violations on the property:
• CBC 105 Building Permit Required - Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
You must take the following corrective actions no later than 10 days of the date of this letter:
• A demo permit will be required to demolish the home and a building permit will be required when the home is rebuilt.
• Accumulations. - It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.
You must take the following corrective actions no later than 10 days of the date of this letter:
• Remove all trash and debris left by the fire.
• DMC 7.40.060 Security requirements - A. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means reglazing or boarding the window.
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 the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches, shall be of a font that is legible from a distance of forty-five feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ___________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".
E. 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 of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism.
Exterior posting must be constructed of, and printed with weather resistant materials.
F. 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. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.
G. The duties/obligations specified in this Section 7.40.060 shall be joint and several among and between all trustees and beneficiaries and their respective agents.
You must take the following corrective actions no later than 10 days of the date of this letter:
• Secure the property against unauthorized entry.
Please contact the Community Development Department at 661-721-3360 to confirm that you have taken the requested actions to abate the violation.
We trust that you will correct these violations voluntarily in a timely manner.
Please be advised, however, that if you fail to do so, the City will have no alternative but to pursue further legal remedies including fine, criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation citation and withholding of future municipal permits
Si habla español solamente, por favor de llamar al departamento del desarrollo de la comunidad imediatamente al (661) 720-2218 o (661) 720-2226 si tiene alguna pregunta sobre esta carta. Gracias.
Thank you for your anticipated cooperation.
Community Development Department
Code Enforcement Division
Cc:
Occupant, 320 10TH AV DELANO, CA
CITY HALL COUNCIL MEMBERS
1015 ELEVENTH AVENUE Liz Morris
POST OFFICE BOX 3010 MAYOR
DELANO, CALIFORNIA 93216-3010 Mario Nunez, Jr.
MAYOR PRO TEM
(661) 721-3300 Joe L. Alindajao, Esq.
(661) 721-3317 TDD Bryan Osorio
www.cityofdelano.org Salvador Solorio-Ruiz
Maribel G. Reyna
CITY MANAGER
VIA CERTIFIED MAIL
ROBICHEAUX MELLANIQUE L
3809 PENNIMAN AV # 102
OAKLAND, CA 94619
March 18, 2025
Re: Administrative Citation
320 10TH AV, DELANO, CA
APN 037234010
CODE 2024-0100
Dear ROBICHEAUX MELLANIQUE L
It is our understanding that you are the owner of the property located at 320 10TH AV (the “Property”). On 08/08/2024, you were issued a Notice of Violation which stated that the Property is being used or maintained in violation of the Delano Municipal Code. At that time, you, as the property owner, were given no more than 10 days to remedy the violations listed in the notice. On , City Staff re-inspected the Property and determined that the violation(s) remain.
The following violations still exist on the Property:
• CBC 105 Building Permit Required - Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. • Fine Amount - $100.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• A demo permit will be required to demolish the home and a building permit will be required when the home is rebuilt.
• Accumulations. - It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.
• Fine Amount - $100.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• Remove all trash, overgrown vegetation and debris left by the fire. • DMC 7.40.060 Security requirements - A. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means reglazing or boarding the window.
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 the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches, shall be of a font that is legible from a distance of forty-five feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ___________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".
E. 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 of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism.
Exterior posting must be constructed of, and printed with weather resistant materials.
F. 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. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.
G. The duties/obligations specified in this Section 7.40.060 shall be joint and several among and between all trustees and beneficiaries and their respective agents. • Fine Amount - $100.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• Secure the property against unauthorized entry.
The total fine amount due immediately is $300.00, which may be paid using cash, check or credit card. This amount may be paid at the Community Development Department, located on the second floor of City Hall at 1015 11th Avenue, Delano, CA 93215.
This Administrative Citation may be appealed in writing with the City Clerk's office at 1015 11th Avenue, Delano, within ten calendar days of service of the notice. No fee shall be due for the filing of an appeal. Further, while the citation is being appealed, the fines listed above will be tolled.
Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to any further administrative appeal and renders the administrative citation from city personnel final and binding. Failure to appear at the appeal hearing will constitute a failure to exhaust administrative remedies, and the violations alleged in the administrative citation shall be admitted, and any fines, penalties, and interest accrued therein shall become immediately due and payable.
Please be advised that the property owner is responsible for all costs incurred by the City for any abatement hearing related to this case. Furthermore, pursuant to Municipal Code Section 1.08.140 and Government Code Section 38773.5, attorney's fees are recoverable by a prevailing party and therefore, the City intends to seek recovery of attorney's fees incurred in any hearing to abate a nuisance in which it prevails.
Please contact the Community Development Department at 661-721-3360 to confirm that you have taken the requested actions to abate the violation or if you have any questions.
Si habla español solamente, por favor de llamar al departamento del desarrollo de la comunidad imediatamente al (661) 720-2218 o al (661) 720-2226 si tiene alguna pregunta sobre este carta. Gracias.
Community Development Department
Code Enforcement Division
Cc:
Occupant, 320 10TH AV, DELANO, CA
DELANO POLICE DEPARTMENT
Jerry Nicholson, Chief of Police
“Integrity, service, trust”
2330 high street
Delano, CA 93215
(661) 721-3377
Fax (661)725-0631
www.cityofdelano.org
VIA CERTIFIED MAIL
ROBICHEAUX MELLANIQUE L
3809 PENNIMAN AV # 102
OAKLAND, CA 94619
April 16, 2025
Re: Administrative Citation
320 10TH AVE, DELANO, CA
APN 037234010
CODE 2024-0100
Dear ROBICHEAUX MELLANIQUE L
It is our understanding that you are the owner of the property located at 320 10TH AVE (the “Property”). On 08/08/2024, you were issued a Notice of Violation which stated that the Property is being used or maintained in violation of the Delano Municipal Code. At that time, you, as the property owner, were given no more than 10 days to remedy the violations listed in the notice. On 03/18/2025, City Staff re-inspected the Property and determined that the violation(s) remain.
The following violations still exist on the Property:
• CBC 105 Building Permit Required - Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.
• Fine Amount - $200.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• A demo permit will be required to demolish the home and a building permit will be required when the home is rebuilt.
• Accumulations. - It shall be unlawful for any occupant or owner of any building, lot, real property, or premises in the city to allow or permit to collect or remain upon such lot, building, real property, or premises any refuse, including but not limited to garbage, in such a manner or quantity so that if is a fire hazard, a health hazard or is otherwise unsightly.
• Fine Amount - $200.00
DELANO POLICE DEPARTMENT
Jerry Nicholson, Chief of Police
“Integrity, service, trust”
2330 high street
Delano, CA 93215
(661) 721-3377
Fax (661)725-0631
www.cityofdelano.org
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• Remove all trash, overgrown vegetation and debris left by the fire.
• DMC 7.40.060 Security requirements - A. Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.
B. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows securing means reglazing or boarding the window.
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 the name and twenty-four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches, shall be of a font that is legible from a distance of forty-five feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ___________," and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".
E. 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 of the front of the property so it is visible from the street. If no such area exists, the posting shall be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with weather resistant materials.
F. 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. If the property management company determines the property is not in compliance, it is the company's responsibility to bring the property into compliance.
G. The duties/obligations specified in this Section 7.40.060 shall be joint and several among and between all trustees and beneficiaries and their respective agents.
• Fine Amount - $200.00
In order to prevent the issuance of additional fines, you must take the following corrective actions within three (3) calendar days:
• Secure the property against unauthorized entry.
DELANO POLICE DEPARTMENT
Jerry Nicholson, Chief of Police
“Integrity, service, trust”
2330 high street
Delano, CA 93215
(661) 721-3377
Fax (661)725-0631
www.cityofdelano.org
The total fine amount due immediately is $900.00, which may be paid using cash, check or credit card. This amount may be paid at the Delano Police Department, located at 2330 High St Delano, CA 93215.
This Administrative Citation may be appealed in writing with the Delano Police Department at 2330 High St Delano, CA 93215within ten calendar days of service of the notice. No fee shall be due for the filing of an appeal. Further, while the citation is being appealed, the fines listed above will be tolled.
Failure of the Delano Police Department to receive a timely appeal constitutes a waiver of the right to any further administrative appeal and renders the administrative citation from city personnel final and binding. Failure to appear at the appeal hearing will constitute a failure to exhaust administrative remedies, and the violations alleged in the administrative citation shall be admitted, and any fines, penalties, and interest accrued therein shall become immediately due and payable.
Please be advised that the property owner is responsible for all costs incurred by the City for any abatement hearing related to this case. Furthermore, pursuant to Municipal Code Section
1.08.140 and Government Code Section 38773.5, attorney's fees are recoverable by a prevailing party and therefore, the City intends to seek recovery of attorney's fees incurred in any hearing to abate a nuisance in which it prevails.
Please contact the Delano Police Department at 661-720-2218 to confirm that you have taken the requested actions to abate the violation or if you have any questions.
Si habla español solamente, por favor de llamar al Departamento de Policia imediatamente al (661) 720-2218 si tiene alguna pregunta sobre este carta. Gracias.
Delano Police Department
Code Enforcement Unit
Cc:
Occupant, 320 10TH AVE, DELANO, CA
CITY HALL
1015 ELEVENTH AVENUE
POST OFFICE BOX 3010
DELANO, CALIFORNIA 93216-3010
(661) 721-3300
(661) 721-3317 TDD
www.cityofdelano.org
COUNCIL MEMBERS
Liz Morris
MAYOR
Mario Nunez, Jr.
MAYOR PRO TEM
Joe L. Alindajao, Esq.
Bryan Osorio
Salvador Solorio-Ruiz
Maribel G. Reyna
CITY MANAGER
CITY OF DELANO
September 25, 2025
Mellanique L. Robicheaux Mellanique L. Robicheaux
Mario Robicheaux Mario Robicheaux
3809 Penniman Avenue #102 320 10th Avenue
Oakland, CA 94619-1745 Delano, CA 93215-2604
NOTICE TO ABATE NUISANCE
Property Address: 320 10th Avenue, Delano, California
(APN No. 037-234-01-0)
PLEASE TAKE NOTICE that on October 6, 2025, at 5:15 p.m., the City Council of the City of Delano will hold a public hearing in the Council Chambers of the Delano City Hall located at 1015 11th Avenue, Delano, California, to determine whether the property known and designated as 320 10th Avenue (APN No. 037-234-01-0) in the City of Delano should be condemned as a public nuisance and the nuisance abated by (i) removal of the makeshift metal and plywood fencing along 10th Avenue, removal of wood fence along the west alley, removal of wrought iron and block fence along 10th Ave and Dover St (ii) removal of overgrown, dead or dying vegetation and accumulated debris, (iii) removal of the remaining concrete slab and remnants thereof, and (iv) leveling and grading of the lot to ensure proper drainage and guard against the pooling of water.
PLEASE TAKE FURTHER NOTICE that if the property or conditions existing on the property, in whole or in part, are found to constitute a public nuisance as defined in the Delano Municipal Code, and if the nuisance is not promptly abated by the owner, the nuisance may be abated by municipal authorities. If the City abates the nuisance, the cost of these proceedings, all previous code enforcement efforts concerning this condition of the property, and the cleaning, clearing, rehabilitation, repair, or demolition by the City will constitute a special assessment or a nuisance abatement lien upon the property until CITY HALL 1015 ELEVENTH AVENUE, DELANO, CA 93215
paid. The City may foreclose on any such lien in order to reimburse the City for these costs.
Description of the Nuisance: (i) Makeshift fencing made from metal and plywood along 10th Avenue, wood fence along the west alley, wrought iron and block fence along 10th Ave and Dover St in violation of DMC § 7.32.010(D); (ii) overgrown and dead or dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) incomplete demolition and removal of the concrete slabs and driveway leaving an unsightly appearance in violation of DMC § 7.32.010(A); (iv) uneven grade that can result in improper drainage and pooling of water that can harbor harmful vectors; and (v) abandoned shopping carts and other accumulated debris on the property in violation of DMC §§ 7.32.010(F) and 13.48.030.
Proposed Method of Abatement: City staff intends to recommend that the City Council authorize and order (i) demolition and removal of the makeshift metal and plywood fencing along 10th Avenue, removal of wood fence along the west alley, removal of wrought iron and block fence along 10th Ave and Dover St (ii) removal of the overgrown and dead or dying vegetation in violation of DMC §§ 7.32.010(i) and 13.48.030, and Health & Safety Code § 17920.3(j); (iii) removal of the concrete slab and remnants thereof, together with that portion of the concrete driveway that is outside the public right-of-way and is unsightly in appearance in violation of DMC § 7.32.010(A); (iv) leveling and grading of the dirt surface of the vacant lot to ensure proper drainage to the street and the avoidance of pooling water that can harbor vectors; and (v) removal of the abandoned shopping carts and other debris as the appropriate means of abatement.
You are receiving this notice because you have been identified by the City as an owner, mortgagee, or beneficiary under a deed of trust, of record.
Consequently, your interest in the above-referenced property may be materially affected by the City Council’s decision. You are urged to attend the hearing and make yourself heard.
If you have any questions, please feel free to contact me at (661) 720-2218.
Sincerely,
Jose Pelayo
Code & Building Enforcement Officer
CITY OF DELANO
STAFF REPORT
November 17, 2025
Agenda Item: 15
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Ricardo G. Chavez, City Clerk
SUBJECT: Discussion and direction regarding a letter of support for a behavioral health facility via the Behavioral Health Continuum Infrastructure Program (BHCIP)
Recommendation:
Staff recommends for City Council to discuss and direct staff.
Discussion:
Staff is seeking direction from the City Council regarding a request from Dr. Rama Yasaei for a letter of support for a proposed behavioral health facility to be submitted as part of the Behavioral Health Continuum Infrastructure Program (BHCIP) application process. Due to the timing of the request and the associated submittal deadlines, staff was unable to complete a comprehensive review of the proposal prior to preparation of this report. As such, staff is not providing a recommendation currently and is requesting City Council direction on whether to issue a letter of support on behalf of the City.
Attachments:
Seeds of Renewal Recovery + Delano Presentation