REPORT TO THE CITY COUNCIL
March 19, 2026
FROM: ANDREW JANZ, City Attorney
Office of the City Attorney
THROUGH: ERICA CAMARENA, Chief Assistant City Attorney
Office of the City Attorney, Code Enforcement
BY: CHRISTINA ROBERSON, Assistant City Attorney
Office of the City Attorney, Code Enforcement
SUBJECT
Title
Actions pertaining to amendment of various ordinances:
1. BILL - (for introduction) - Amending Chapter 1, Articles 3 and 5, sections 1-303, 1-308, and 1-503 of the Fresno Municipal Code
2. BILL - (for introduction) - Amending Chapter 9, Article 24, sections 9-2402, 9-2403, and 9-2405 of the Fresno Municipal Code
3. BILL - (for introduction) - Amending Chapter 10, Articles 1 and 6, sections 10-106, 10-603, 10-604, and 10-605 of the Fresno Municipal Code
4. BILL - (for introduction) - Amending Chapter 11, Articles 3 and 4, sections 11-305, 11-328, and 11-405 of the Fresno Municipal Code
5. BILL - (for introduction) - Amending Chapter 12, Article 20, sections 12-2003, 12-2013, and 12-2014 of the Fresno Municipal Code
Body
RECOMMENDATION
The City Attorney’s Office recommends Council approve the amendments to the following Fresno Municipal Code (FMC) sections: 1-303 Authority to Inspect, 1-308 Administrative Citations and Penalties, 1-503 Definitions, 9-2402 Permit Required, 9-2403 Display of Name and Permit Sticker, 9-2405 Waste Tire Manifest, 10-106 Prima Facie Violation, 10-603 Definitions, 10-604 Responsibility for Enforcement, 10-605 Public Nuisance, 11-305 General, 11-328 Summary Abatement, 11-405 Enforcement and Inspection, 12-2003 Definitions, 12-2013 Automatic Pass-Through of Annual Government Costs, and 12-2014 Annual Automatic Rent Increase Tied in to the Consumer Price Index for Previous Year. These amendments are necessary for the reasons set forth below.
EXECUTIVE SUMMARY
The City Attorney’s Office is proposing to amend FMC sections 1-303, 10-604, 11-305, and 11-405 for clarity and consistency with state and federal law.
The City Attorney’s Office is proposing to amend FMC section 1-308 to clarify existing language, and so that the citation provisions comply with existing Code Enforcement practices and due process.
The City Attorney’s Office is proposing to amend FMC sections 1-503 and 10-106 to correct inaccurate chapter and article citations stemming from Ordinance No. 2007-54’s reorganization of the FMC.
The City Attorney’s Office is proposing to amend FMC sections 9-2402, 9-2403, and 9-2405 to correctly identify the agency responsible for issuing waste tire hauler permits.
The City Attorney’s Office is proposing to amend FMC sections 10-603 and 10-605 to clarify existing language and ensure that the definitions related to blight are consistent.
The City Attorney’s Office is proposing to amend FMC section 11-328 by eliminating the current subsection (a)(2). FMC section 11-332 renders 11-328(a)(2) both redundant and contradictory. Section 11-332 provides specific requirements for posting a dangerous building against occupancy, whereas section 11-328(a) is for broader application with less depth. Canons of statutory interpretation indicate the more general section 11-328(a)(2) should be removed to resolve this conflict.
The City Attorney’s Office is proposing to amend FMC sections 12-2003 and 12-2013 to correct contradictory procedures stemming from Ordinance No. 98-96’s amendments to those sections. The amendment defined annual government costs as calculated “16 months prior to the date of the projected rent increase date,” in conflict with the already present definition that the costs were to be calculated “16 months prior to the date of the projected rent increase date.” Accounting for the required notice period and expected time for the ordinance’s procedures, 16 months prior to the projected increase date would be equivalent to 12 months prior to the submission of the application. The proposed amendment would correct both sections to actualize the 1998 update’s intentions, and remove the inconsistencies of the two sections as they stand now.
The City Attorney’s Office is proposing to amend FMC section 12-2014 to correct an impossibility to comply for some mobilehome parks. The section currently required all mobilehome parks to calculate their Base Rent for an increase application based on the average rent “as of December of each year prior to the rent increase date”. This is impossible for parks required to submit their application in October and November, as their proposed rent change would take effect after the first of the new year due to required notice periods, but December of the year prior has not yet occurred. Changing the referenced date from when the increase is expected to take effect to when the application is submitted ensures all parks are able to legally comply.
ENVIRONMENTAL FINDINGS
This is not a project pursuant to CEQA Guidelines section 15378.
LOCAL PREFERENCE
Local preference was not considered because this ordinance amendment does not include a bid or award of a construction or service contract.
FISCAL IMPACT
There is no fiscal impact.
Attachments: Proposed Ordinance Amendment - FMC 1-303, 1-308, and 1-503
Proposed Ordinance Amendment - FMC 9-2402, 9-2403, and 9-2405
Proposed Ordinance Amendment - FMC 10-106, 10-603, 10-604, and 10-605
Proposed Ordinance Amendment - FMC 11-305, 11-328, and 11-405
Proposed Ordinance Amendment - FMC 12-2003, 12-2013, and 12-2014