Agenda packet — Porterville City Council, November 1, 2022 (part 2 of 2)

b. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal.
c. The developer/applicant shall record easements for ingress, egress, parking and public utilities between divided parcels.
d. The developer/applicant shall install improvements consistent with comments received as part of PRC 2020-049 and/or any subsequent review of the map and development pursuant to PRC 2020-049.
e. Prior to recording the final parcel map, the developer/applicant shall provide easements, permits, calculations, etc., if, in the opinion of the City Engineer, they are needed for the proper functioning or phasing of the development (e.g., water, sewer, drainage, "turn arounds", etc.). If the City Engineer determines that construction of improvements is needed to protect public health and safety or for orderly development of the surrounding area, the developer/applicant shall construct or provide a surety for said improvements. f. Prior to recording the Final Parcel Map, the developer/applicant shall provide improvements by the method indicated below:
• Simultaneous recording of a separate legal instrument or placement of a statement on the Parcel Map, if appropriate, that reads as follows:
"In accordance with Section 66411.1 of the Government Code, the construction of on-site and off-site improvements, such as but not limited to, curbs, gutters, sidewalks, paveouts, pavement transitions, traffic signage and markings, median islands, utilities, grading, parking lot improvements, well abandonment (if any), removal of irrigation lines (if any), etc. has been deferred until such time as a permit or other grant of approval for development of the parcel is issued. Such construction may be phased when only a portion of the parcels shown herein receive such approval. The phased construction shall consist of all improvements related to the specific parcels plus those required to make the installed improvements function."
g. The dedication of easements or any other potential dedications shall be clearly identified on the Final Parcel Map. A Dedications Statement shall be placed on the map that reads:
"Pursuant to the authority conferred by the City of Porterville, Ordinance No. 1590, adopted February 20, 2001, the undersigned, on behalf of the Public and City Council of the City of Porterville consents to the acceptance and recordation of the dedication(s) as shown on this map.

Dated this ________________day of _______ , 20_
By Daniel Cervantez, City Engineer, RCE 75530
Resolution No. ____-2022

Page 4 of 4 ends

h. The final Parcel Map shall clearly identify a City Surveyor’s statement for compliance with Chapter 2, Division 2, Title 7 of the Government Code. The statement shall read:
“I hereby state that I have examined this map, and I am satisfied that it is technically correct, and that the subdivision as shown is substantially the same as it appeared on the approved Tentative Map, and that all of the provisions of the Chapter 2, Division 2, Title 7 of the Government Code and any Local Ordinance applicable to the time of approval of the tentative map, have been complied with.

Dated this day of , 20_
By Dee Jaspar, RCE 23042
PASSED, APPROVED, AND ADOPTED this 1st day of November, 2022. ____________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By _________________________________
Patrice Hildreth, Chief Deputy City Clerk

GARDEN PL

THURMAN AVE

TOMAH AVE

CHERRY AVE

CLEVELAND AVE

OLIVE TERRACE

PUTNAM AVE

INDIANA ST

COTTAGE ST
Locator Map
PRC 2020-049
Mahal TPM
APN 252-301-027
Date Printed: 12/30/2020 by the Community Development Department 1 in = 250 feet
Project Location
Item No. 12.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Adoption of the 2022 California Building Codes SOURCE: Engineering and Project Management
COMMENT: The various building codes in use by jurisdictions in California are updated periodically to reflect the latest materials and construction techniques available to the construction industry.

The last published building codes, specifically the California Building Codes, were updated in 2019. The State of California has since adopted the 2022 International Codes as the State Building Codes for Building, Electrical, Mechanical, Plumbing, and Energy.

In addition to these Codes, the State has also mandated the adoption of the 2022 Editions of the Administrative Code, Residential Code, Green Building Standards, Historical Building Code, Existing Buildings Code, and Referenced Standards Code. The 2022 Codes will become State-mandated as of January 1, 2023.

Each California Code will be adopted by Ordinance, and shall repeal the State Code previously in effect.

RECOMMENDATION: That City Council:

1. Conduct a Public Hearing to receive input regarding the adoption of the 2022 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Green Building Standards, Historical Buildings, Existing Buildings, and Referenced Standards Codes;

2. Approve for first reading the draft Ordinances adopting the 2022 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Green Building Standards, Historical Buildings, Existing Buildings, and Referenced Standards Codes; and

3. Waive further reading and order the Ordinances to print.

ATTACHMENTS: 1. Draft Ordinance - Amending Chapter 7, Article I - Adoption of 2022 California Building Codes

2. Draft Ordinance - Amending Chapter 7, Article IA -
Adoption of 2022 California Mechanical Code

3. Draft Ordinance - Amending Chapter 7, Article II -
Item No. 12.

Adoption of 2022 California Plumbing Code

4. Draft Ordinance - Amending Chapter 7, Article III -
Adoption of 2022 California Electrical Code

5. Draft Ordinance - Amending Chapter 7, Article IV -
Adoption of 2022 California Green Building Standards
Code
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE I OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND ADOPTING BY REFERENCE THE 2022 EDITIONS OF THE

CALIFORNIA ADMINISTRATIVE CODE, THE CALIFORNIA BUILDING CODE ALONG

WITH DESIGNATED APPENDICES, THE CALIFORNIA RESIDENTIAL CODE ALONG

WITH DESIGNATED APPENDICES, THE CALIFORNIA ENERGY CODE, THE

CALIFORNIA HISTORICAL BUILDINGS CODE, THE CALIFORNIA EXISTING

BUILDING CODE, AND THE CALIFORNIA REFERENCED STANDARDS CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL.

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following sections of the Municipal Code of the City of Porterville are hereby amended to read as follows:

SECTION 7-1 ADOPTION
Adoption of the 2022 Edition of the California Administrative Code Title 24 Part 1; 2022 California Building Code Part 2, Volumes 1 and 2; the 2022 California Residential Code Title 24 Part 2.5; the 2022 Energy Code Title 24 Part 6; the 2022 Edition of the California Historical Buildings Code Title 24 Part 8; the 2022 Edition of the California Existing Buildings Code Title 24 Part 10; and the 2022 Edition of the California Referenced Standards Code Title 24 Part 12.

That certain codes in book form to which more particular reference is herein made, regulating the construction, erection, alteration, repair, removal, demolition, conversion, equipment, use, height, area and maintenance of buildings in the City of Porterville, together with the amendments thereof, herein specifically set forth, together with the penalty for violation herein set forth to be known as the Building Codes compiled by and adopted by the International Code Council, Inc., together with the following appendixes: J, O, and P of the 2022 California Building Code; AH, AJ, AX, and AZ of the 2022 California Residential Code Part 2.5; thereto are hereby adopted and enacted by the Council of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, paragraph, word and clause in said codes mentioned are referred to herein or therein were fully and specifically set forth herein, with the exception of the penalty provision thereof.

SECTION 7-2 COPIES ON FILE:

Reference is hereby made to one (1) copy of said California Building Code, 2022 Edition, compiled by and adopted by the International Conference of Building Officials, heretofore filed in the office of the Building Official of the City of Porterville and said California Building Code is by reference adopted herein as provided by law.

SECTION 7-3 BUILDING CODE AMENDMENTS
There are no local amendments to the 2022 Codes. The City of Porterville reserves the right to amend the Codes mentioned herein by way of public hearing and Ordinance adoption at a later date if deemed necessary.

SECTION 7-3.4. PENALTY FOR VIOLATION:

It shall be unlawful for any person, firm or corporation to enlarge, alter, repair, move, improve, remove, convert, or equip, use, occupy or maintain any building or structure in the City of Porterville, or cause the same to be done contrary to or in violation of the provisions of this article or of the building code above adopted by reference, together with the amendments thereto; and any person, firm or corporation violating any of the provisions of this article or of said building code, as amended, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of the provisions of this article or of the California Building Code, 2022 Edition, is committed or permitted; and upon conviction of any such violation, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City or County jail for a period of not exceeding six (6) months or both such fine and imprisonment.

SECTION 7-3.6. SEVERABILITY:

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. Ordinance No. 1860 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2023.

PASSED, ADOPTED AND APPROVED this 1st day of November, 2022.

ATTEST: Martha A. Flores, Mayor
John D. Lollis, City Clerk

By: Patrice Hildreth, Chief Deputy City Clerk
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-4 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2022 EDITION OF THE CALIFORNIA MECHANICAL CODE

PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS.

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following section of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-4 ADOPTION
Adoption of the 2022 Edition of the California Mechanical Code, Title 24, Part 4 and Referenced Standards.

That certain code in book form to which more particular reference is hereinafter made regulating the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, to be known and referred to as the California Mechanical Code along with the Referenced Standards is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2022 Edition of the California Mechanical Code published by the International Association of Plumbing and Mechanical Officials filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

SECTION 7-4.2. SEVERABILITY:

B. That Ordinance No.1861 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2023.

PASSED, ADOPTED AND APPROVED this 1st day of November, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk

By: Patrice Hildreth, Chief Deputy City Clerk
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-6 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2022 EDITION OF THE CALIFORNIA PLUMBING CODE

PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS.

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Section 7-6 of the Municipal Code of the City of Porterville is amended to read as follows:

SECTION 7-6. ADOPTION
Adoption of the 2022 Edition of the California Plumbing Code Title 24 Part 5, the Referenced Standards, and Appendixes C, H, and M.

That certain code in book form to which more particular reference is hereinafter made, regulating the business of plumbing, and the installation of plumbing fixtures and appliances, to be known and referred to as the California Plumbing Code, is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to (1) copy of the 2022 Edition of the California Plumbing Code, published by the International Association of Plumbing and Mechanical Officials filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

SECTION 7-8. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. That Ordinance No. 1862 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2023.

PASSED, ADOPTED AND APPROVED this 1st day of November, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk

By: Patrice Hildreth, Chief Deputy City Clerk
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SECTION 7-9 AND DELETING SECTION 7-10 OF THE

MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA ELECTRICAL CODE PUBLISHED BY BNi PUBLICATIONS, INC.

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Section 7-9 of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-9 ADOPTION
Adoption of the 2022 Edition of the California Electrical Code Title 24 Part 3.

That certain code in book form to which more particular reference is hereinafter made, regulating the business of electrical, and the installation of electrical fixtures and appliances, to be known and referred to as the California Electrical Code, is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2022 Edition of the California Electrical Code, published by BNi Publications, Inc. filed in the office of the Building Official of the City of Porterville, and such code, to wit: the 2022 Edition of the California Electrical Code published by the BNi Publications, Inc., as aforesaid now on file with the Building Official of the City of Porterville, is hereby adopted by reference as the Electrical Code of the City.

SECTION 7-6.1. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. That Ordinance No. 1863 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2023.

PASSED, ADOPTED AND APPROVED this 1st day of November, 2022.

ATTEST: Martha A. Flores, Mayor
John D. Lollis, City Clerk

By: Patrice Hildreth, Chief Deputy City Clerk
ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING ARTICLE IV OF CHAPTER 7 OF THE MUNICIPAL CODE OF

THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
THE 2022 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL.

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. The following section of the Municipal Code of the City of Porterville is hereby amended to read as follows:

SECTION 7-12 ADOPTION
Adoption of the 2022 Edition of the California Green Building Standards Code, Title 24, Part 11 and the mandatory portions of Appendix A4, Appendix A5, and Appendix A6.1 with the voluntary portions of said Appendices remaining voluntary.

That certain code in book form to which more particular reference is hereinafter made encouraging sustainable construction practices, to be known and referred to as the California Green Building Standards Code is hereby adopted and enacted by the Council of the City of Porterville as an ordinance of the City of Porterville, to all intents and purposes and to the same effect as if each and every sentence, comma, paragraph, word, phrase, and clause in said code mentioned or referred to therein or herein were and each thereof was fully and specifically set forth herein.

Reference is hereby made to one (1) copy of the 2022 Edition of the California Green Building Standards Code published by the International Code Council Commission filed with the Building Official of the City of Porterville and said code is by reference adopted herein as provided by law.

SECTION 7-12.1. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable.

B. That Ordinance No. 1864 of the Municipal Code of the City of Porterville is hereby repealed.

C. This Ordinance shall be in full force and in effect on January 1, 2023.

PASSED, ADOPTED AND APPROVED this 1st day of November, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk

By: Patrice Hildreth, Chief Deputy City Clerk
Item No. 13.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Adoption of the 2022 California Fire Code
SOURCE: Fire
COMMENT: The 2022 California Fire Code will become State mandated as of January 1, 2023. Each jurisdiction has the opportunity to adopt the Fire Code, and to include amendments and tailor certain provisions to the jurisdiction. The Fire Code is updated every three years to reflect the latest materials and construction techniques available to the construction industry. The last published California Fire Code was updated in 2019.

Effective January 1, 2023, the State of California will have adopted the 2021 International Fire Code as the 2022 State Code for Fire. As is done with each Code cycle, staff recommends that the City Council use this opportunity to make changes and updates to Chapter 12, Article 1 of the Porterville Municipal Code in order to mirror the current California edition and eliminate redundant language. Staff is not recommending any additional local provisions beyond the proposed State Code and listed amendments. The Ordinance, if adopted by the Council, would amend Chapter 12, Article 1 of the Porterville Municipal Code as it pertains to the Fire Department to reflect the current State standards.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive input regarding the adoption of the 2022 Edition of the California Fire Code;

2. Approve for first reading the draft Ordinance adopting the 2022 Edition of the California Fire Code; and

3. Waive further reading and order the Ordinance to print.

ATTACHMENTS: 1. Draft Ordinance

2. Draft Ordinance (Redline)

3. Current Porterville City Code, Chapter 12, Article 1 Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager
Item No. 13.

Page 1 ends

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE AMENDING CHAPTER 12, ARTICLE 1 OF THE

CODE OF THE CITY OF PORTERVILLE ADOPTING BY REFERENCE
EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE 2022 EDITION

OF THE CALIFORNIA FIRE CODE ALONG WITH DESIGNATED APPENDICES,

PUBLISHED BY THE INTERNATIONAL CODE COUNCIL

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Chapter 12, Article 1, of the Porterville city code is hereby amended to read as follows:
12-1.1: CALIFORNIA FIRE CODE ADOPTION:

A. Adoption: There is hereby adopted by the Council of the City of Porterville for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the California Fire Code, published by the International Code Council being particularly the 2022 edition thereof together with the following appendices thereto: 4, B, BB, C, CC, D, E, F, G, H, I, J, O, and P to all intents and purposes and to the same effect as if each and every sentence, paragraph, word and clause in said codes mentioned are referred to herein or therein were fully and specifically set forth herein, are hereby adopted and enacted by the Council of the City of Porterville as amended and changed as follows:

B. Fire Code Amendments:

1. Section [A] 103.1 is amended to read as follows:
[A] 103.1 Creation of agency. The BUREAU OF FIRE PREVENTION is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

2. Section [A] 105.1.1 is amended to read as follows:
[A] 105.1.1 Permits required. A property owner or owner's authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the Building Department and obtain the required permit.

3. Section 111 Means of Appeals is removed and replaced by Porterville City Code Section 12-1.7

4. Section [A] 112.4 is amended to read as follows:
[A] 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit

Page 2 ends

or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding one hundred eighty days (180) or six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Alternatively, the City of Porterville reserves the right to enforce violations of this code utilizing the Administrative Citation process outlined in Chapter 2, Article 14 of the Porterville City Code.

5. Section 311.1.1 is amended to read as follows:
311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent prope1ties shall be considered to be abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the 1997 Code for the Abatement of Dangerous Buildings, as adopted by reference in Section 7-80 of the Porterville City Code, and the California Building Code.

6. The Exception 1. to Section 603.5.2 is deleted, Exception 2. is amended to read:

2. Current taps and relocatable power taps shall not be required to connect directly to a permanently installed receptacle outlet where used for 90 days or less for the purpose of testing the performance of such devices. This exception shall only apply to research conducted in a proper occupancy, under controlled conditions, in a facility that is protected by an automatic fire sprinkler system.

7. Appendix C, Section C103.1 is amended to read as follows:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be spaced at no greater than three hundred (300) feet in commercial, multi-family, or mixed use applications and no greater than five hundred (500) feet in single-family residential applications.

8. Appendix CC, Section CC105.1 is amended to read as follows:

CC105.1 The spacing between fire hydrants shall comply with Section C103.1 as amended.

9. Appendix CC, Section CC105.2 is deleted.

10. The Exception to Section D104.2 of Appendix D is deleted.

11. Appendix D, Section D103.5 is amended to read:

Page 3 ends

1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 16 feet (4877 mm).

12. The Exception to Section D106.1 of Appendix D is deleted.

13. Appendix D, Section D107.1 is amended to read as follows:

D107.1 One- or two-family dwelling residential developments.

Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. Developments of one- or twofamily dwellings where the number of dwelling units does not exceed 30 may be required to provide two separate and approved fire apparatus access roads.

14. Exceptions 1 and 2 of section D107.1 of Appendix D are deleted.

15. Chapter 1, Section 111; Chapter 36; Appendix A; Appendix K; Appendix L; Appendix M; and Appendix N are deleted.

C. Fire Code Copy On File: One (1) copy has been and now is filed in the Office of the Fire Marshal of the City of Porterville and the same hereby adopted with the amendments herein set forth and incorporated as fully as if at length herein and provisions thereto shall be controlling within the limits of the City of Porterville. (Ord. 1865, 11-19-2019) 12-1.1.1: SEVERABILITY:

If any provision of this article or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision of application, and to this end the provisions of this article are severable. (Ord. 1865, 11-19-2019) 12-1.2: BUREAU OF FIRE PREVENTION; ESTABLISHED; SUPERVISION; ENFORCEMENT OF CHAPTER:

The Fire Code adopted by section 12-1.1 of this article shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (Ord. 1865, 11-19-2019)
12-1.3: BUREAU OF FIRE PREVENTION; FIRE MARSHAL IN CHARGE:

The Fire Marshal, named and appointed by the Chief of the Fire Department, shall be in charge of the Bureau of Fire Prevention. (Ord. 1865, 11-19-2019) 12-1.4: BUREAU OF FIRE PREVENTION; MEANING OF TERM FIRE MARSHAL:

Where the Chief of the Bureau of Fire Prevention is given the title "Fire Marshal" the words "Chief of the Bureau of Fire Prevention" shall be held to mean the Fire Marshal who is the fire code official. (Ord. 1865, 11-19-2019)

Page 4 ends

12-1.5: APPLICABILITY OF COUNTY AIR POLLUTION RULES AND REGULATIONS TO ALL BURNING:

All burning within the City of Porterville shall comply with the rules and regulations of the Air Pollution Control District, County of Tulare, and State of California. (Ord. 1865, 11- 19-2019)
12-1.6: STORAGE, OPERATION AND USE OF LIQUEFIED PETROLEUM GASES:

Nothing contained in the referenced edition of the Fire Code shall be construed as to exempt any person, firm or corporation from complying with all applicable regulations and restrictions of the zoning ordinance of the City of Porterville regarding the storage, operation and use of liquefied petroleum gases (LPG). LPG may be used as a second fuel for emergency generators as permitted by the Fire Code. LPG will also be permitted for fueling mobile equipment. (Ord. 1865, 11-19-2019)
12-1.7: APPEALS FROM ADMINISTRATIVE DECISIONS:

Whenever the Chief of the Fire Department or the Fire Marshal shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions or intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not apply, or an equally good or better form of construction is proposed, or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the California Office of the State Fire Marshal within thirty (30) days from the date of the decision. The decision of the State Fire Marshal shall be final. (Ord. 1865, 11-19-2019) 12-1.8: OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES:

A. All open burning, recreational fires and portable outdoor fireplaces shall comply with the requirements set forth in the California Fire Code.

B. Nothing within this article shall be construed as exempting a person from complying with the requirements set forth with San Joaquin Valley Air Pollution Control District.

C. Landowners must implement best management practices or reasonable alternatives to open burning for controlling and disposing of tumbleweeds on their property as set forth with San Joaquin Air Pollution Control District. A burn permit may be issued for burning tumbleweeds once the district has deemed that the only disposal method for the site is by open burning and the smoke will not affect smoke sensitive areas or contribute to a nuisance.

D. Permits are to be issued by SJVAPCD and permittee must comply with all requirements. Permittee must also notify the City of Porterville Fire Department prior to burning. (Ord. 1865, 11-19-2019)
12-1.9: PERMITS FOR NEW MATERIALS, PROCESSES OR OCCUPANCIES:

Page 5 ends

the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Ord. 1865, 11-19-2019) 12-1.10: VIOLATIONS; PENALTIES:

Any person who shall violate any of the provisions of the Fire Code adopted by section 12-1.1 of this article, or its amendments, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the State Fire Marshal or by a court of competent jurisdiction, within the time fixed herein, and any person violating any of the terms and provisions of this chapter with its amendments, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months in the City or County Jail, or by both such fine and imprisonment.

Alternatively, the City of Porterville reserves the right to enforce violations of this code utilizing the Administrative Citation process outlined in Chapter 2, Article 14 of the Porterville City Code. (Ord. 1865, 11-19-2019)
12-1.11: INTERFERENCE WITH OPERATION OR WORK OF FIRE DEPARTMENT 1 :

It shall be unlawful for any person to interfere with any operation or work of the Fire Department of the City of Porterville or any of the members thereof while the same are responding to or operating at the same or any fire or other emergency within the City of Porterville. (Ord. 1865, 11-19-2019)
C. Ordinance No. 1865 of the Municipal Code of the City of Porterville is hereby repealed.

D. This Ordinance shall be in full force and in effect on January 1, 2023.

PASSED, APPROVED AND ADOPTED this ______ day of November, 2022.

_______________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: ________________________________
Patrice Hildreth, Chief Deputy City Clerk
ORDINANCE NO. 1865 ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTER 12, ARTICLE 1 OF THE CODE OF THE CITY OF

PORTERVILLE ADOPTING BY REFERENCE EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE 2019 2022 EDITION OF THE CALIFORNIA FIRE CODE

ALONG WITH DESIGNATED APPENDICES, PUBLISHED BY THE INTERNATIONAL

CODE COUNCIL

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Chapter 12, Article 1, of the Porterville City Code is hereby amended to read as follows:
12-1.1: CALIFORNIA FIRE CODE ADOPTION:

A. Adoption: There is hereby adopted by the Council of the City of Porterville for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the California Fire Code, published by the International Code Council being particularly the 2019 2022 edition thereof together with the following appendices thereto: 4, B, BB, C, CC, D, E, F, G, H, I, J, O, and P to all intents and purposes and to the same effect as if each and every sentence, paragraph, word and clause in said codes mentioned are referred to herein or therein were fully and specifically set forth herein, are hereby adopted and enacted by the Council of the City of Porterville as amended and changed as follows:

B. Fire Code Amendments:

1. Section [A] 103.1 is amended to read as follows:
[A] 103.1 Creation of agency. The BUREAU OF FIRE
PREVENTION [INSERT NAME OF DEPARTMENT] is hereby
created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the
implementation, administration and enforcement of the provisions of this code.

3. Section 109 111 Means of Appeals is removed and replaced by Porterville City Code Section 12-1.7

4. Section [A] 110.4 112.4 is amended to read as follows:
[A] 110.4 112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding one hundred eighty days (180) or six (6) months, or both such fine and imprisonment.

Each day that a violation continues after due notice has been served shall be deemed a separate offense. Alternatively, the City of Porterville reserves the right to enforce violations of this code utilizing the Administrative Citation process outlined in Chapter 2, Article 14 of the Porterville City Code.

5. Section 311.1.1 is amended to read as follows:
311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent prope1ties shall be considered to be abandoned, declared unsafe and abated by demolition or
rehabilitation in accordance with the 1997 Code for the Abatement of Dangerous Buildings, as adopted by reference in Section 7-80 of the Porterville City Code, International Property Maintenance Code and the California Building Code.

6. The Exception 1. to Section 603.5.2 is deleted, Exception 2. is amended to read:

7. Appendix C, Section C103.1 is amended to read as follows:

8. Appendix CC, Section CC105.1 is amended to read as follows:

CC105.1 The average spacing between fire hydrants shall comply with Section C103.1 as amended. not exceed that listed in Table CC105. 1.

9. Appendix CC, Section CC105.2 is deleted.

10. The Exception to Section D104.2 of Appendix D is deleted.

11. Appendix D, Section D103.5 is amended to read:

12. The Exception to Section D106.1 of Appendix D is deleted.

13. Appendix D, Section D107.1 is amended to read as follows:

D107.1 One- or two-family dwelling residential developments.

Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. Developments of one- or two-family dwellings where the number of dwelling units does not exceed 30 may be required to provide two separate and approved fire apparatus access roads.

14. Exceptions 1 and 2 of section D107.1 of Appendix D are deleted.

15. Chapter 1, Section 109 111; Chapter 36; Appendix A; Appendix K; Appendix L; Appendix M; and Appendix N are deleted.

If any provision of this article or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision of application, and to this end the provisions of this article are severable. (Ord. 1865, 11-19-2019)
12-1.2: BUREAU OF FIRE PREVENTION; ESTABLISHED; SUPERVISION; ENFORCEMENT OF CHAPTER:

All burning within the City of Porterville shall comply with the rules and regulations of the Air Pollution Control District, County of Tulare, and State of California. (Ord. 1865, 11-19-2019)
12-1.6: STORAGE, OPERATION AND USE OF LIQUEFIED PETROLEUM GASES:

LPG may be used as a second fuel for emergency generators as permitted by the Fire Code. LPG will also be permitted for fueling mobile equipment. (Ord. 1865, 11-19-2019)
12-1.7: APPEALS FROM ADMINISTRATIVE DECISIONS:

Whenever the Chief of the Fire Department or the Fire Marshal shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions or intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not apply, or an equally good or better form of construction is proposed, or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the California Office of the State Fire Marshal within thirty (30) days from the date of the decision. The decision of the State Fire Marshal shall be final. (Ord. 1865, 11-19-2019)
12-1.8: OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES:

A. All open burning, recreational fires and portable outdoor fireplaces shall comply with the requirements set forth in the California Fire Code.

B. Nothing within this article shall be construed as exempting a person from complying with the requirements set forth with San Joaquin Valley Air Pollution Control District.

The City Manager, Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in such Code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. (Ord. 1865, 11-19-2019)
12-1.10: VIOLATIONS; PENALTIES:

It shall be unlawful for any person to interfere with any operation or work of the Fire Department of the City of Porterville or any of the members thereof while the same are responding to or operating at the same or any fire or other emergency within the City of Porterville. (Ord. 1865, 11-19-2019) C. Ordinance No. 1865 of the Municipal Code of the City of Porterville is hereby repealed.

D. This Ordinance shall be in full force and in effect on January 1, 2023. 12-1.1: CALIFORNIA FIRE CODE ADOPTION:

A. Adoption: There is hereby adopted by the Council of the City of Porterville for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the California Fire Code, published by the International Code Council being particularly the 2019 edition thereof together with the following appendices thereto: 4, B, BB, C, CC, D, E, F, G, H, I, J and O, to all intents and purposes and to the same effect as if each and every sentence, paragraph, word and clause in said codes mentioned are referred to herein or therein were fully and specifically set forth herein, are hereby adopted and enacted by the Council of the City of Porterville as amended and changed as follows:

B. Fire Code Amendments:

1. Section [A] 105.1 is amended to read as follows:
[A] 105.1.1 Permits required. A property owner or owner's authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the Building Department and obtain the required permit.

2. Section [A] 110.4 is amended to read as follows:
[A] 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment not exceeding one hundred eighty days (180) or six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Alternatively, the City of Porterville reserves the right to enforce violations of this code utilizing the Administrative Citation process outlined in Chapter 2, Article 14 of the Porterville City Code.

3. Appendix C, Section C103.1 is amended to read as follows:

C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be spaced at no greater than three hundred (300) feet in commercial applications and no greater than five hundred (500) feet in residential applications.

4. Appendix CC, Section CC 105.2 is deleted.

5. The exception to section D104.2 of Appendix D is deleted.

6. The exception to Section D106.1 of Appendix D is deleted.

7. Exceptions 1 and 2 of section D107.1 of Appendix D are deleted.

8. Chapter 1, Section 109; Chapter 36; Appendix A; Appendix K; Appendix L; Appendix M; and Appendix N are deleted.

If any provision of this article or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision of application, and to this end the provisions of this article are severable. (Ord. 1865, 11-19-2019)
12-1.2: BUREAU OF FIRE PREVENTION; ESTABLISHED; SUPERVISION; ENFORCEMENT OF CHAPTER:

The Fire Code adopted by section 12-1.1 of this article shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (Ord. 1865, 11-19-2019) 12-1.3: BUREAU OF FIRE PREVENTION; FIRE MARSHAL IN CHARGE:

Where the Chief of the Bureau of Fire Prevention is given the title "Fire Marshal" the words "Chief of the Bureau of Fire Prevention" shall be held to mean the Fire Marshal. (Ord. 1865, 11- 19-2019)
12-1.5: APPLICABILITY OF COUNTY AIR POLLUTION RULES AND REGULATIONS TO ALL BURNING:

All burning within the City of Porterville shall comply with the rules and regulations of the Air Pollution Control District, County of Tulare, State of California. (Ord. 1865, 11-19-2019) 12-1.6: STORAGE, OPERATION AND USE OF LIQUEFIED PETROLEUM GASES:

Whenever the Chief of the Fire Department or the Fire Marshal shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this Code do not apply or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal to the California Office of the State Fire Marshal within thirty (30) days from the date of the decision the decision of the State Fire Marshal shall be final. (Ord. 1865, 11-19- 2019)
12-1.8: OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES:

A. All open burning, recreational fires and portable outdoor fireplaces shall comply with the requirements set forth in the California Fire Code.

B. Nothing within this article shall be construed as exempting a person from complying with the requirements set forth with San Joaquin Valley Air Pollution Control District.

D. Permits are to be issued by SJVAPCD and permittee must comply with all requirements.

Permittee must also notify the City of Porterville Fire Department prior to burning. (Ord. 1865, 11-19-2019)
12-1.9: PERMITS FOR NEW MATERIALS, PROCESSES OR OCCUPANCIES:

Item No. 14.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Ordinance Amending the Porterville Municipal Code Concerning Code Enforcement Functions and Fire Department Personnel
SOURCE: Fire
COMMENT: Staff desires to use the opportunity of the Fire Code adoption cycle as a time to review and recommend changes and updates to other related sections of the Porterville Municipal Code in order to mirror current California Codes, eliminate redundant language and update ordinances to alleviate ambiguity and reflect current practices. The Ordinance, if adopted by the Council, would amend Chapters 2, 12, and 17 of the Porterville Municipal Code as it pertains to the Fire Department to match and reflect current State standards and local practices.

RECOMMENDATION: That the City Council:

1. Conduct a Public Hearing to receive public testimony;

2. Approve the draft Ordinance and give first reading by title only; and

3. Waive further reading and order the Ordinance to print.

ATTACHMENTS: 1. Current Municipal Code Chapters 2, 12, and 17

2. Draft Ordinance (Redline)

3. Draft Ordinance
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager
2-26.1: APPOINTMENT; JURISDICTION:

A duly appointed employee of the prevention division of the fire department, the code enforcement officer shall be authorized to perform the enforcement duties identified in this article and as otherwise defined in this code. The code enforcement officer will work closely with members of other departments, including public works, community development, parks and leisure services, finance, and police. The code enforcement officer shall be under the supervision of the fire chief. (Ord. 1720 § 2, 5-1-2007) 2-26.2: DUTIES:

The code enforcement officer shall enforce the provisions of all applicable state and city codes including, but not limited to, this code, the California Health and Safety Code, uniform fire code, uniform building code, uniform housing code and uniform code for the abatement of dangerous buildings, as said codes may from time to time be amended. (Ord. 1720 § 2, 5-1-2007) 2-26.4: COMPLIANCE:

The code enforcement officer shall work with property owners/residents to obtain voluntary compliance. However, the code enforcement officer shall also have authority to issue citations and pursue other legal remedies as necessary and as authorized by local or state law. (Ord. 1720 § 2, 5-1-2007)
12-3.4: NUISANCE; AUTHORITY TO ABATE:

A. Each of the following conditions is declared to constitute a public nuisance, and whenever an enforcement officer shall determine that any of the conditions exist upon any premises, he/she may require or provide for the abatement thereof pursuant to this article and make the costs of abatement a lien on the subject real property:

1. The existence of weeds on the premises, or public sidewalks, curbs and gutters, streets or alleys in front of, adjacent to or behind said premises;

2. The existence of any accumulation of wastepaper, hay, grass, straw, weeds, litter, debris or combustible trash upon any roof or in any building, entranceway, court, yard, vacant lot or open space; or of any weeds, grass, vines or other growth, when the same endangers property or is liable to be fired;

3. The existence of any garbage or rubbish upon the premises contrary to the provisions of section 13-4 of this code;

4. The existence of any vines or climbing plants growing into or over any street, tree or any public hydrant, pole or electrolier; or the existence of any shrub, plant or vine growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department;

5. The existence of an excessive amount of tires on property that does not conform with commercial use as set by the zoning ordinance of the city of Porterville;

6. Any other condition or use of property which is in fact a fire hazard or which results or can result in the impairment of the ability of the fire department to respond to and suppress fires.

B. The occupant or tenant, or in the absence of the occupant or a tenant, the owner, lessee or proprietor of any real property in the city, shall be responsible for the removal or destruction of all such weeds and other debris as set forth in this section from his property and from the abutting half of any street or alley between lot lines as extended.

C. The enforcement officer and/or his/her authorized representatives shall have the authority to determine the amount and types of weeds and other debris which constitute a nuisance pursuant to this section and must therefore be abated. The decision of said enforcement officer shall be final. (Ord. 1568, 1-19-1999)
17-17.9: REQUEST FOR HEARING:

Upon request by the owner of the vehicle or owner of the land received by the city manager within ten (10) days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.

If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within ten (10) days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 1162 § 1, 12-5-1978)
17-17.10: PROCEDURE FOR HEARING:

All hearings under this article shall be held before the chief of police, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property.

The chief of police shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The chief of police may impose such conditions and take such action as he deems appropriate under the circumstances to carry out the purpose of this article. He may delay the time for the removal of the vehicle or parts thereof if, in his opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

If the owner of the land submits a sworn statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the chief of police but does not appear, he shall be notified in writing of the decision. (Ord. 1162 § 1, 12-5-1978; Ord. 1167 § 3, 2-20-1979)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING CHAPTERS 2, 12, and 17 OF THE CODE OF THE CITY OF

PORTERVILLE

THE CITY COUNCIL OF THE CITY OF PORTERVILLE DOES ORDAIN AS FOLLOWS:

A. That Chapter 2, Article 4, of the Porterville City Code is hereby amended to read as follows:
2-26.1: APPOINTMENT; JURISDICTION:

The code enforcement officer will work closely with members of other departments, including public works, community development, parks and leisure services, finance, and police. The code enforcement officer will work closely with other local, state, or federal agencies as needed.

The code enforcement officer shall be under the supervision of the fire chief, or his or her designee. (Ord. 1720 § 2, 5-1-2007)
2-26.2: DUTIES:

The duties of the code enforcement officer shall include, but are not limited to, issues involving property maintenance by abating hazardous conditions which threaten the life, health, safety and welfare of the public. Duties include enforcement of any law, ordinance, statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints. (Ord. 1720 § 2, 5-1-2007)
2-26.3: ENFORCEMENT:

The code enforcement officer shall enforce the provisions of all applicable state and city codes including, but not limited to, this code, the California Health and Safety Code, business and professions code, labor code, uniform fire code, uniform building code, uniform housing code and uniform code for the abatement of dangerous buildings, as said codes may from time to time be amended. (Ord. 1720 § 2, 5-1-2007)
2-26.4: COMPLIANCE:

The code enforcement officer shall make reasonable attempts to work with property owners/residents to obtain voluntary compliance. However, the code enforcement officer shall also have authority to issue citations and pursue other legal remedies as necessary and as authorized by local or state law. (Ord. 1720 § 2, 5-1-2007) B. That Chapter 12, Article 3, of the Porterville City Code is hereby amended to read as follows:
12-3.4: NUISANCE; AUTHORITY TO ABATE:

1. The existence of weeds on the premises, or public sidewalks, curbs and gutters, streets or alleys in front of, adjacent to or behind said premises;

3. The existence of any garbage or rubbish upon the premises contrary to the provisions of section 13-4 of this code;

5. The existence of an excessive amount of tires on property that does not conform with commercial use as set by the zoning ordinance of the city of Porterville;

6. Any dead, or dying, trees, shrubs, plants and any dead palm fronds;

7. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe;

8. Any other condition or use of property which is in fact a fire hazard or which results or can result in the impairment of the ability of the fire department to respond to and suppress fires.

All hearings under this article shall be held before the chief of police, fire chief, or their respective designee, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property.

The chief of police and fire chief shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial.

The chief of police or fire chief may impose such conditions and take such action as they he deems appropriate under the circumstances to carry out the purpose of this article. They He may delay the time for the removal of the vehicle or parts thereof if, in their his opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police or fire chief may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police or fire chief shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

Page 1 ends

ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PORTERVILLE AMENDING CHAPTERS 2, 12, and 17

OF THE PORTERVILLE MUNICIPAL CODE
WHEREAS, the Porterville Municipal Code requires periodic review and updates; and WHEREAS, The City of Porterville ("City") has recognized changes to State Codes; and WHEREAS, City staff performs a review of the Building and Fire codes for adoption every three years, which allows for a time to review other related ordinances; and WHEREAS, the City has added duties, to the Code Enforcement Division of the Fire Prevention Bureau; and
WHEREAS, the City desires to update the Porterville Municipal Code to alleviate ambiguity and reflect current practices; and
WHEREAS, a public hearing was held before the City Council on November 1, 2022 pursuant to the Municipal Code of the City.

A. That Chapter 2, Article 4, of the Porterville Municipal Code is hereby amended to read as follows:
2-26.1: APPOINTMENT; JURISDICTION:

A duly appointed employee of the prevention division of the fire department, as defined in Section 829.5 of the California Penal Code, the code enforcement officer shall be authorized to perform the enforcement duties identified in this article and as otherwise defined in this code. The code enforcement officer will work closely with members of other departments, including public works, community development, parks and leisure services, finance, and police. The code enforcement officer will work closely with other local, state, or federal agencies as needed. The code enforcement officer shall be under the supervision of the fire chief, or his or her designee. (Ord. 1720 § 2, 5-1-2007) 2-26.2: DUTIES:

The duties of the code enforcement officer shall include, but are not limited to, issues involving property maintenance by abating hazardous conditions which threaten the life, health, safety and welfare of the public. Duties include enforcement of any statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints. (Ord. 1720 § 2, 5-1-2007) 2-26.3: ENFORCEMENT:

Page 2 ends

uniform building code, uniform housing code and uniform code for the abatement of dangerous buildings, as said codes may from time to time be amended. (Ord. 1720 § 2, 5-1-2007)
2-26.4: COMPLIANCE:

The code enforcement officer shall make reasonable attempts to work with property owners/residents to obtain voluntary compliance. However, the code enforcement officer shall also have authority to issue citations and pursue other legal remedies as necessary and as authorized by local or state law. (Ord. 1720 § 2, 5-1-2007)
B. That Chapter 12, Article 3, of the Porterville Municipal Code is hereby amended to read as follows:
12-3.4: NUISANCE; AUTHORITY TO ABATE:

1. The existence of weeds on the premises, or public sidewalks, curbs and gutters, streets or alleys in front of, adjacent to or behind said premises;

3. The existence of any garbage or rubbish upon the premises contrary to the provisions of section 13-4 of this code;

4. The existence of any vines or climbing plants growing into or over any street, tree or any public hydrant, pole or electrifier; or the existence of any shrub, plant or vine growing on, around or in front of any hydrant, alarm box, standpipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes, in such a way as to obscure the view thereof or impair the access thereto by the fire department;

5. The existence of an excessive amount of tires on property that does not conform with commercial use as set by the zoning ordinance of the city of Porterville;

6. Any dead, or dying, trees, shrubs, plants and any dead palm fronds;

7. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe;

Page 3 ends

8. Any other condition or use of property which is in fact a fire hazard or which results or can result in the impairment of the ability of the fire department to respond to and suppress fires.

Pursuant to Section 22661(c) of the California Vehicle Code, the Council of the City of Porterville has designated the Chief of Police, the Fire Chief, or their designee, to preside over the requested public hearing.

Page 4 ends

the condition of the vehicle or parts thereof and the circumstances concerning its location on the private property or public property.

The chief of police or fire chief may impose such conditions and take such action as they he deems appropriate under the circumstances to carry out the purpose of this article. They may delay the time for the removal of the vehicle or parts thereof if, in their opinion, the circumstances justify it. At the conclusion of the hearing, the chief of police or fire chief may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number of the vehicle, if available at the site.

If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he has not subsequently acquiesced in its presence, the chief of police or fire chief shall not assess the cost of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land.

________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: ________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 15.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Review of Cannabis Operating Permit Application Scores SOURCE: City Attorney
COMMENT: Subsequent to the initial application process for the authorized retail cannabis dispensaries in Porterville, the City Council authorized an additional permit process for a “wholly locally owned” retail dispensary for applicants who lived and/or owned a business in the Porterville area and met the conditions and criteria set forth in the approved Request for Proposals. In accordance with those procedures established by Council via recommendations received from the Cannabis Ad Hoc Committee, review and analysis of the proposals is now complete.

As authorized by the Council, its third-party reviewers, two neutral retired municipal administrators familiar with the Porterville area, independently reviewed the proposals on the basis of set criteria, including the applicants' business operations plans and statements of qualifications; resources, including financial resources, committed to implement their respective proposals; summaries of security practices; local ownership/connection to the community; and proposed schedules. Their independent scores were averaged to create a composite score for each applicant.

At its Special Meeting on October 24, 2022, the Council conducted interviews of the applicants for the one available Cannabis Business Operating Permit. The Council determined that it would conduct these interviews without any knowledge as to how each applicant had been scored by the third-party reviewers. The order of interviews was chosen via lottery, and the applicants interviewed in the following order: 1) Bloom Farms, 2) Uncle Green, and 3) Main Street Apothecary. Applicants conducted a fifteen (15) minute narrated presentation, with some additional follow-up questions fielded from the City Council, and then a more formal fifteen (15) minute question and answer period.

The City Council authorized the awarding by each member of up to ten (10) points to each applicant for their interview presentation and answers, with a maximum of fifty (50) points available to award each applicant. Vice Mayor Carrillo was absent from the meeting; therefore a total of forty (40) points was available to be awarded to each applicant via the interview process. Each member of Council provided their individual scores to the City Attorney via email at the conclusion of the interviews no later than one half-hour after the end of the meeting. The following is the breakdown and overall scores:

Item No. 15.

BLOOM FARMS
Reviewer Composite: 43.5
Martha Flores: 10
Milt Stowe: 9
Lawana Tate: 8
Don Weyhrauch: 2
Total: 72.5

UNCLE GREEN
Reviewer Composite: 41.5
Martha Flores: 10
Milt Stowe: 7
Lawana Tate: 10
Don Weyhrauch: 1
Total: 69.5

MAIN STREET APOTHECARY
Reviewer Composite: 37.5
Martha Flores: 10
Milt Stowe: 8
Lawana Tate: 10
Don Weyhrauch: 4
Total: 69.5
The highest overall score is Bloom Farms with a score of 72.5.

RECOMMENDATION: Based on the results of the overall scoring procedure established by the City Council, staff recommends that the Council direct staff to begin negotiations of a Development Agreement with Bloom Farms, or provide further direction as determined.

ATTACHMENTS: 1. Bloom Farms Presentation
Appropriated/Funded:

Review By:

Department Director:

Julia Lew, City Attorney
Final Approver: John Lollis, City Manager

Item No. 16.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Consideration of Appointment to the Arts Commission SOURCE: Administrative Services
COMMENT:

The City's Arts Commission currently has a vacancy with a term to expire in July 2023 due to the recent resignation of Commissioner Eden Santos.

Additionally, the Commission's youth member seat is also now vacant.

Staff is in receipt of one Request for Appointment from Dawn Bennett, which is attached hereto for the City Council's consideration. Staff will continue to advertise the youth member seat and solicit applications until said seat is filled.

Pursuant to Ordinance No. 1841, the Arts Commission is comprised of five (5) members, plus one (1) student/youth member, and represents four areas of arts:
1) theatrical/performing arts; 2) visual/graphic; 3) music; and (4) youth.

RECOMMENDATION: That the City Council consider the appointment of Dawn Bennett to the City's Arts Commission.

ATTACHMENTS: 1. Request for Appointment: Dawn Bennett

2. Eden Santos Letter of Resignation
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

Item No. 17.

CITY COUNCIL AGENDA – NOVEMBER 1, 2022
SUBJECT: Review Process for Fireworks Sales
SOURCE: Fire
COMMENT: At its meeting on February 15, 2022, the City Council reviewed the City's Fireworks Ordinance, a five-year citation collection history, and considered modifications to the process that included an annual review prior to the Fireworks lottery, as well as a prohibition on the sale of certain fireworks including "Picholo Petes". Staff herein presents the Ordinance for Council's review and potential modification.

RECOMMENDATION: That the City Council provide direction on the process by which fireworks sales are conducted annually within the City of Porterville.

ATTACHMENTS: 1. Ordinance 1882

2. Five Year Illegal Fireworks Citation Report

3. City Council Agenda Staff Report: February 15, 2022

4. City Council Agenda Staff Report: July 21, 2021
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager

Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1276 S Jennifer Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2035 Pisani $1,500 NO COLLECTIONS 2017 Paid/payment plan Unpaid/failed PP/collections Percentage paid 1251 W Nancy Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2048 Figueroa $1,500 UNK 17 6 11 35.29% 1121 S Leggett Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2053 Dignam $1,500 NO COLLECTIONS $25,500.00 $9,000.00 $16,500.00 1226 N Belmont Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2105 Clark $1,500 YES THRU PP 1277 W Wall Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2106 Pisani $1,500 NO COLLECTIONS 1122 W Cheryll Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2114 Dignam $1,500 YES THRU PP 1227 N Verdugo Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2120 Clark $1,500 NO COLLECTIONS 1252 W Pioneer Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2122 Figueroa $1,500 YES THRU PP 1253 N Salisbury Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2135 Figueroa $1,500 NO COLLECTIONS 1228 N Colby Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2142 Clark $1,500 UNK 1229 N Ellis Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2207 Clark $1,500 YES THRU PP 1278 W Westfield Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2208 Pisani $1,500 NO COLLECTIONS 1123 W Putnam Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2217 Dignam $1,500 UNK 1279 N Lowery Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2017 2225 Pisani $1,500 NO COLLECTIONS 1376 W Olive Fireworks 12-2.10.B, 12-2.20 M.C. 11/2/2017 1630 Clark $1,500 YES THRU PP 1377 W Olive Fireworks 12-2.10.B, 12-2.20 M.C. 11/14/2017 1630 Clark $1,500 NO COLLECTIONS 1378 W Olive Fireworks 12-2.10.B, 12-2.20 M.C. 11/14/2017 1630 Clark $1,500 YES Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1151 N Howland Fireworks 12-2.10.B, 12-2.20 M.C. 1/4/2018 1320 Clark $1,500 YES 10/15/18 2018 Paid/payment plan Unpaid/failed PP/collections Percentage paid 1567 N Prospect Fireworks 12-2.10.B, 12-2.20 M.C. 7/2/2018 1545 Dignam $1,500 NO COLLECTIONS 27 15 12 55.56% 1431 N Third Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2042 Dignam $1,500 YES 6/25/19 $40,500.00 $22,500.00 $18,000.00 1600 N San Carlos Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2050 Figueroa $1,500 YES 2/25/20 1458 E Date Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2103 Mariscal $1,500 NO FAILED PP 1432 E Belleview Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2105 Dignam $1,500 YES 10/30/19 1601 W Sandra Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2105 Figueroa $1,500 NO COLLECTIONS 1478 W Phillips Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2115 Garcia $1,500 NO COLLECTIONS 1433 N South Pl Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2123 Dignam $1,500 NO COLLECTIONS 1434 N South Pl Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2125 Dignam $1,500 NO COLLECTIONS 1435 N South Pl Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2127 Dignam $1,500 NO COLLECTIONS 1459 E Morton Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2128 Mariscal $1,500 YES 8/27/19 THRU PP 1602 W Yates Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2140 Figueroa $1,500 YES 7/23/18 1436 N Sierra Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2146 Dignam $1,500 YES 8/1/19 1603 W Memory Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2155 Figueroa $1,500 YES 7/9/18 1437 E Dixie Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2205 Dignam $1,500 YES 5/28/19 1438 E Oak Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2212 Dignam $1,500 YES 4/15/19 THRU PP 1460 E Vandalia Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2214 Mariscal $1,500 YES 7/13/18 1439 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2224 Dignam $1,500 NO COLLECTIONS 1461 S Camellia Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2241 Mariscal $1,500 YES 1/1/19 1604 W Belleview Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2245 Figueroa $1,500 YES 10/1/20 THRU PP 1462 S A Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2309 Mariscal $1,500 NO COLLECTIONS 1479 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2325 Garcia $1,500 YES 1/22/19THRU PP 1605 N Greenfield Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2018 2335 Figueroa $1,500 NO COLLECTIONS 1568 Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2018 1435 Dignam $1,500 NO COLLECTIONS 1569 Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2018 1520 Dignam $1,500 NO FAILED PP COLLECTIONS 1570 Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2018 1525 Dignam $1,500 YES 3/31/20 Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1629 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 0015 Dignam $1,500 YES THRU PP 4/1/20 2019 Paid/payment plan Unpaid/failed PP/collections Percentage paid 1975 N Balmoral Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2043 Hosfeldt $1,500 YES 8/30/19 16 7 9 43.75% 1630 N Fourth Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2106 Dignam $1,500 YES THRU PP 6/22/20 $22,600.00 $10,500.00 $12,100.00 1631 N Fourth Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2109 Dignam $1,500 YES THRU PP 5/13/20 1632 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2121 Dignam $1,500 YES THRU PP 6/18/20 1633 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2131 Dignam $1,500 FAILED PP 1976 Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2132 Hosfeldt $1,500 FAILED PP COLLECTIONS 1634 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2142 Dignam $1,500 FAILED PP 2025 E Mohoff Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2144 Segovia $1,500 FAILED PP 2026 E Cleveland Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2155 Segovia $1,500 FAILED PP 1977 E Springville Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2208 Hosfeldt $1,500 YES 8/19/19 2027 E Cleo Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 Segovia $1,500 MAKING PYMTS 1635 W Cheryll Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2019 2243 Dignam $1,500 NO COLLECTIONS 1636 W Memory Fireworks 12-2.10.B, 12-2.20 M.C. 7/5/2019 1555 Dignam $1,500 NO 3621 W Pioneer Fireworks 12-2.10.B, 12-2.20 M.C. 11/15/2019 1013 Garcia $1,500 FAILED PP 1643 S Indiana Disch. FW oustide dates 12-2.7 12/7/2019 Dignam $100 NO Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 1644 N Newcomb Fireworks 12-2.7, 2-142 M.C. 1/13/2020 1115 Dignam $100 YES 2020 Paid/payment plan Unpaid/failed PP/collections Percentage paid 3125 N Prospect Fireworks 12-2.10.B, 12-2.20 M.C. 6/24/2020 1600 Dignam $1,500 NO 32 13 19 40.63% 3325 W Memory Fireworks 12-2.10.B, 12-2.20 M.C. 6/30/2020 900 Dignam $1,500 YES 8/13/20 $46,600.00 $18,100.00 $28,500.00 4850 N Patsy Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2027 Garcia $1,500 NO 4851 N Mathew Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2040 Garcia $1,500 YES THRU PP 11/18/20 3127 N Second Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2049 Dignam $1,500 NO 4852 N Newcomb Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2055 Garcia $1,500 PP MAKING PYMTS 4853 N Patsy Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2105 Garcia $1,500 YES THRU PP 9/23/20 3128 N Jaye Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2111 Dignam $1,500 YES THRU PP 3/18/21 3129 W McComb Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2117 Dignam $1,500 NO 3130 W Theta Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2129 Dignam $1,500 YES 3/29/21 4854 W Morton Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2130 Garcia $1,500 NO 4855 W School Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2140 Garcia $1,500 YES 3131 W Mulberry Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2151 Dignam $1,500 YES 4856 N WellingtonFireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2155 Garcia $1,500 YES 4857 W Belleview Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2211 Garcia $1,500 NO 3132 N Beverly Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2214 Dignam $1,500 FAILED PP 3133 N Prospect Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2225 Dignam $1,500 PP MAKING PYMTS 4858 N Balmayne Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2225 Garcia $1,500 YES 4859 W Date Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2300 Garcia $1,500 YES 4860 N Maston Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 2350 Garcia $1,500 FAILED PP 3175 W Pamela Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Clark $1,500 NO 2845 N Westside Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2846 Kessing Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2847 N Patsy Cr Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2848 S Beverly Fireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 2849 W Tomah AveFireworks 12-2.10.B, 12-2.20 M.C. 7/4/2020 Balanga $1,500 NO 3176 W Della Fireworks 12-2.10.B, 12-2.20 M.C. 7/5/2020 0005 Clark $1,500 NO 3327 S Leggett Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2020 1135 Dignam $1,500 NO 3328 N Balmayne Fireworks 12-2.10.B, 12-2.20 M.C. 7/6/2020 1140 Dignam $1,500 NO 2213 N Lowery St. Fireworks 12-2.10.B, 12-2.20 M.C. 9/1/2020 1620 Balanga $1,500 NO 2216 W Monte AveFireworks 12-2.10.B, 12-2.20 M.C. 9/14/2020 905 Balanga $1,500 NO Cite # Inc St Dir Inc St Issued for Section Issue Date Time Officer Fine Paid Disposition 3333 FW 12-2.10.B, 12-2.20.B.1 M.C. 6/14/2021 1143 Dignam $2,500 YES 2021 Paid/payment plan Unpaid/failed PP/collections Percentage paid 3334 W Vandalia FW 12-2.10.B, 12-2.20.B.1 M.C. 6/14/2021 1147 Dignam $2,500 NO 50 14 36 28.00% 3335 S Jaye FW 12-2.10.B, 12-2.20.B.1 M.C. 6/28/2021 1149 Dignam $2,500 NO $125,000.00 $35,000.00 $90,000.00 5171 FW 12-2.10b, 12-2.20b 6/29/2021 900 Balanga $2,500 NO 5170 FW 12-2.10b, 12-2.20b 6/29/2021 840 Balanga $2,500 NO There were 51 Cites issued in 2021, 1 was overturned so I removed it from this calculation 5172 W Mulberry AveFW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 935 Balanga $2,500 NO 5173 N Lombardi FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1005 Balanga $2,500 FAILED PP 5174 S Jaye St. FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1025 Balanga $2,500 YES 5174 S Jaye St. FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1030 Balanga $2,500 FAILED PP 3765 W Union Ave FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 920 Garcia $2,500 NO 5100 N Walch FW 12-2.10b, 12-2.20b, 12-2.21 6/29/2021 1105 Garcia $2,500 NO 3766 S C Street FW 12-2.10b, 12-2.20b, 12-2.21 6/30/2021 1534 Garcia $2,500 YES 3683 N Salisbury FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2051 Balanga $2,500 NO 5081 E Putnam FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2100 Pendergraft $2,500 NO 3136 N Third FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2104 Dignam $2,500 NO 3684 W Heritage FW 12-2.10.B, 12-2.20.B.1 M.C. 7/3/2021 2114 Balanga $2,500 YES 5053 N Salisbury FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2020 Hosfeldt $2,500 YES 3685 N Douglas FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2030 Balanga $2,500 NO 4976 E Vandalia FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2030 Graves $2,500 NO 5054 W Morton FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2040 Hosfeldt $2,500 NO 5101 W Morton AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2045 Garcia $2,500 NO 5055 W Bel Aire FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2055 Hosfeldt $2,500 NO 3686 W Mulberry AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2100 Balanga $2,500 YES 4984 S Wisconsin FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2030 Graves $2,500 NO 5102 W Thurman AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2110 Garcia $2,500 NO 4977 W River EdgeFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2110 Graves $2,500 YES 4978 W Mcintire FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2120 Graves $2,500 NO 3687 W Putnam AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2121 Balanga $2,500 NO 5057 W Tomah FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2125 Hosfeldt $2,500 NO 5103 W Westfield FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2130 Garcia $2,500 NO 4979 W Jordan FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2130 Graves $2,500 YES 3688 N Lombardi StFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2140 Balanga $2,500 NO 3689 N Lombardi FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2147 Balanga $2,500 YES THRU PAY PLAN 5058 W Nancy FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2150 Hosfeldt $2,500 NO 3690 W Oakmont FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2203 Balanga $2,500 YES 5059 W Santa MariaFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2209 Hosfeldt $2,500 NO 4980 N E FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2220 Graves $2,500 NO 3691 W Pioneer AveFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2226 Balanga $2,500 YES 4981 E Putnam FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2230 Graves $2,500 NO 4982 E Thurman FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2252 Graves $2,500 YES 5060 N York FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2253 Hosfeldt $2,500 NO 3692 W Santa MariaFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2325 Balanga $2,500 NO 3693 W Bel Aire FW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2308 Balanga $2,500 YES 5061 W Green AcresFW 12-2.10.B, 12-2.20.B.1 M.C. 7/4/2021 2340 Hosfeldt $2,500 NO 4983 W SwearingenFW 12-2.21 M.C. 7/4/2021 2340 Graves $2,500 YES 5063 N Jaye St. FW 2-2.10b, 12-2.20b, 12-2.21 7/4/2021 2345 Garcia $2,500 dismissed per hearing 5062 N Lindley FW 12-2.10.B, 12-2.20.B.1, 12-2.21 M.C. 7/4/2021 2340 Hosfeldt $2,500 NO 5143 W Westfield Ave FW 12-2.10 8/13/2021 946 Pendergraft $2,500 NO 5144 S Sierra Vista St #4 FW 12-2.10,12-2.20,12-2.21 8/13/2021 1121 Pendergraft $2,500 NO 5146 W Belleview AveFW 12-2.10, 12-2.20, 12-2.21 8/13/2021 1439 Pendergraft $2,500 NO 5147 N F St. FW 12-2.21.12-2.10,12-2.20 89/3/2021 1056 Pendergraft $2,500 NO Item No. 15.

CITY COUNCIL AGENDA – FEBRUARY 15, 2022
SUBJECT: Consideration of City Fireworks Ordinance
SOURCE: Fire
COMMENT: At its meeting on January 18, 2022, the City Council approved Mayor Reyes’ request to consider and review the City’s Fireworks Ordinance for potential amendments. At its meeting on February 1, 2022, due to the Mayor's absence, the Council directed staff to carry over the item to its meeting of February 15, 2022.

As the Council is aware, in Spring 2021, the Council authorized various amendments to the Ordinance, including:
• A prohibition on the use of certain fireworks commonly marketed under the name "Piccolo Pete" and "Whistling Phantom", which emit loud shrill sounds.

These particular fireworks are also known to be manipulated after the sale to create explosive devices.
• The addition of a violations clause of the current fireworks Ordinance to include differentiation between prohibited legal and illegal fireworks, as well as higher fees for violations, and also to create increasingly higher fines for repeat offenders.
• The addition of a "Host" component, which will aid in the enforcement activities where it might otherwise be difficult to discern who within a given party has actually ignited an illegal firework; the property owner could then be held liable regardless of who ignites the illegal firework. • The addition of a rewards program that would further enhance staff's ability to locate and cite those who choose not to comply with the City's fireworks regulations. Rewards of $50 per complaint can be awarded if the tip results in a citation.

The Fireworks Ordinance is herein presented for Council's consideration. Also provided for the Council's reference is a five-year citations collection report, as well as a comprehensive enforcement report dated July 2021.

RECOMMENDATION: That the City Council consider the City's Fireworks Ordinance and provide direction as determined.

ATTACHMENTS: 1. Ordinance No. 1882
Item No. 15.

2. 5-Year Fireworks Citation Collections

3. 2021 Fireworks Enforcement Report
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager
CITY COUNCIL AGENDA – JULY 20, 2021
SUBJECT: 2021 Fireworks Enforcement Review
SOURCE: Fire
COMMENT: This informational report item is to provide the City Council an update related to illegal fireworks activity during this year’s Independence Day celebrations.

Illegal fireworks do not carry the “Safe and Sane” seal of the California State Fire Marshal.

Illegal fireworks include skyrockets, bottle rockets, roman candles, aerial shells, firecrackers and other types of fireworks that explode, go into the air, or move on the ground in an uncontrollable manner. The use of illegal fireworks on and around the Independence Day holiday generates a high volume of calls to the Porterville Police Department (PPD).

At its meeting on April 20, 2021, the Council conducted its first reading of Ordinance 1882, amending the Porterville City Code sections that apply to fireworks violations. These code changes included increasing fine amounts for both “Safe and Sane” and Illegal fireworks, providing for additional bans of Piccolo Pete style fireworks, adding a Social Host violation, and creating a reward program. The second reading was conducted at the Council's meeting on May 4, 2021, and Ordinance 1882 went into full effect June 4, 2021.

Beginning June 4, 2021, PPD Detectives and Officers were proactive in enforcement work and their significant efforts resulted in the confiscation of over twelve hundred (1,200) pounds of illegal fireworks prior to the July 4th Holiday weekend. These efforts resulted in multiple felony and misdemeanor arrests. Code Enforcement issued 12 Administrative Citations as a result of these efforts.

A formal fireworks detail was deployed over three nights, July 2nd through July 4th, which included Fire personnel, Code Enforcement Officers, and Police Officers. These teams patrolled neighborhoods and responded to calls for service. Over the three nights, 106 fireworks calls for service were received by PPD dispatch. The detail was successful in issuing thirty-five (35) Administrative Citations and confiscating approximately one hundred (100) pounds of illegal fireworks. The Fire Department responded to thirty-five (35) calls for service over the three day period, which a breakdown of the calls is as follows:

Porterville Fire Department Calls 7/2-7/4/2021:

Type of call #
Grass fire 9
Dumpster or other outside trash receptacle fire 2
EMS call, excluding vehicle accident with injury 9
Chemical release, reaction, or toxic condition 1
Assist invalid 2
Cover assignment, standby 1
Dispatched, cancelled en route, false alarm/call 5
No incident found on arrival at dispatch address 3
Smoke scare, odor of smoke 2
Smoke detector activation due to malfunction 1
The combined efforts and collaboration between the Porterville Police and Fire Departments over the period of June 4, 2021 through July 4, 2021 resulted in a response to 214 calls for service specific to fireworks, a total seizure of over 12,800 illegal fireworks totaling 1,347 pounds, and the issuance of $117,500 in fines from 47 Administrative Citations.

Confiscated Fireworks 2021:

Type of Fireworks # weight
Mortars 1277
Cakes, boxes 309
Roman candles 1446
Fire crackers 8000
Bottle rockets 1742
Mortar launch tubes 26
Weight, lbs. 1347.3
Total 12,800 1,347.3
For historical reference included is a breakdown of Administrative Cites issued for illegal fireworks over the preceding 5 years:

Historical Fireworks Cites:

YEAR CITES FINE
2016 12 $18,000
2017 17 $25,500
2018 27 $40,500
2019 15 $22,500
2020 30 $45,000
2021 47 $117,500
RECOMMENDATION: Information Only
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Dave LaPere, Fire Chief
Final Approver: John Lollis, City Manager

Porterville City CouncilNovember 1, 2022

Porterville City Council
November 1, 2022