Chapter 7.16 HOUSE COURTS--TENT CAMPS*

7.16.010 Definitions.

7.16.020 Permission or ownership required for settling on land.

7.16.030 Squatter camp prohibited.

7.16.040 Owner’s permission and permit required.

7.16.050 Alteration of existing tent camp space or structure.

7.16.060 Occupation without permission prohibited.

7.16.070 Permit--Authority--Application--Investigation.

7.16.080 Permit--Contents.

7.16.090 Resident caretaker required.

7.16.100 Division between cooking and sleeping rooms.

7.16.110 Sleeping room--Airspace and ventilation.

7.16.120 Garbage and rubbish depositories.

7.16.130 Usable ground space for camping party.

7.16.140 Sanitation required.

7.16.150 Maintenance.

7.16.160 Prohibited shelter materials designated.

7.16.170 Water supply.

7.16.180 Fire restrictions.

7.16.190 Garbage, rubbish and sewage disposal.

7.16.200 Toilet and privy specifications.

7.16.210 Slop hoppers or sinks.

7.16.220 Dogs running at large.

7.16.230 Resident with infectious or contagious disease.

7.16.240 Buildings, structures or tents--Minimum requirements.

7.16.250 Compliance enforcement duty.

7.16.260 Violation deemed nuisance--Abatement.

7.16.270 Enforcement--Right of entry.

7.16.280 Burden of proof.

7.16.290 Exemptions.

7.16.300 Scope--Violation prohibited.

7.16.310 Penalty for violations.

* For statutory regulation of buildings used for human habitation, see Health & Saf. Code Div. 13, Part 1.5 § 17910 et seq.; for mobilehomes and mobile home parks, see Health & Saf. Code § 18000-l8009; for statutory provisions regarding adoption of portions of the California Administrative Code, see Gov. Code § 11409 et seq.

7.16.010 Definitions.

For the purpose of this chapter, certain words and phrases are defined and certain provisions shall be construed as set out in this section unless it is apparent from their context that they have a different meaning:
A. “Apartment” is a room or suite of rooms which is occupied or intended or designed to be occupied by one family or person for living and/or sleeping purposes in a house court.
B. “Camp car and/or trailer” is any vehicle used for cooking, living, or sleeping purposes and which is designed or equipped for the purpose of being transported from place to place, whether by motive power or other means.
C. “Family” is one person living alone or a group of two or more persons, whether related to each other or not, living together in a tent, shelter, camp car, trailer or apartment.
D. “Health officer” is the county health officer of the county of Madera and his duly authorized representatives and deputies.
E. “House court” is any building or structure containing more than two apartments or any group of two or more separate buildings or structures containing one or more apartments, each located on a parcel of land or contiguous parcel or parcels of land under the ownership or operation of one person, which building or structure or any portion thereof is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence or living quarters of two or more families or persons living independently of each other.
F. “Person” means a corporation, copartnership or association as well as a natural person.
G. “Squatter camp” is an area of land upon which any person has settled or located or which he occupies without having a bona fide claim or color of title thereto, or without the expressed consent of the owner or person legally in charge thereof. It includes any tent camp space, house court, and every other kind of camp, tent, shelter, or structure, or collection of tents, shelters or structures of any kind, established, constructed, maintained, operated, or inhabited in violation of this chapter.
H. “Tent camp space” is any place:
1. Where one or more tents or camp cars or trailers are erected or maintained for hire or used or intended or designed to be used as cooking, living or sleeping quarters for one or more families or persons; or
2. Where space is rented for the placing of one or more such tents, shelters, camp cars or trailers; or
3. Where free camping is permitted with or without tents, shelters, camp cars or trailers; or
4. Where one or more tents, shelters, camp cars, or trailers are established for cooking, living or sleeping purposes. (Ord. 176 § 1, 1939).

7.16.020 Permission or ownership required for settling on land.

No person shall settle or locate on or occupy any land without a bona fide claim or color of title thereto, or without the expressed consent of the owner or person legally in charge of said land. (Ord. 176 § 2, 1939).

7.16.030 Squatter camp prohibited.

No person shall occupy or reside in any squatter camp. (Ord. 176 § 3, 1939).

7.16.040 Owner’s permission and permit required.

A. No person shall establish, build, construct, reconstruct, alter, maintain or conduct, or commence or attempt to establish, build, construct, reconstruct, alter, maintain or conduct a tent camp space or a house court upon any land in the county without first obtaining the expressed consent of the owner or person legally in charge of said land and procuring a permit therefor from the board of supervisors, as hereinafter provided.
B. No person shall establish, build, reconstruct, alter, maintain, conduct, reside in or occupy any tent camp space or house court for which a permit has not been issued as herein provided or which does not conform to the specifications and conditions of the permit issued therefor. (Ord. 176 § 4, 1939).

7.16.050 Alteration of existing tent camp space or structure.

No tent camp space or house court existing at the effective date of the ordinance codified herein shall be enlarged, altered or reconstructed, without complying with the provisions of this chapter. (Ord. 176 § 6, 1939).

7.16.060 Occupation without permission prohibited.

No person shall occupy for cooking, sleeping or living purposes or reside in any established tent camp space or house court without permission so to do from the owner or person legally in charge thereof. (Ord. 176 § 7, 1939).

7.16.070 Permit--Authority--Application--Investigation.

The board of supervisors shall have power to grant permits to establish, build, maintain and operate tent camp spaces and house courts, which are to be under the supervision and direction of the health officer, upon the filing of an application as herein provided.
Such application shall set forth the name, residence, and post office address of the applicant, the location of the proposed tent camp space or house court, the number and type of structures, the sanitary facilities, water supply and such other information as may be necessary to inform the board of supervisors of all the pertinent facts concerning the proposed tent camp space or house court. The application shall be made out on a form provided by the health officer, dated, signed by the applicant or his agent and delivered to the health officer.
Within ten days after receiving the application, the health officer shall investigate all matters pertinent to the granting of the permit and file such application, together with his report thereon with the clerk of the board of supervisors. (Ord. 176 § 8, 1939).

7.16.080 Permit--Contents.

The permit issued by the board of supervisors shall specify the location of the proposed tent camp space or house court, the number and type of structures, the source and quantity of the water supply, the sanitary facilities, garbage and sewage disposal, and such other things as the board shall deem necessary. The permit shall be on a form provided by the board of supervisors. It shall be signed by the permittee and by the chairman of the board. It shall be in duplicate; one copy shall be delivered to the permittee and the other filed with the clerk of said board. (Ord. 176 § 9, 1939).

7.16.090 Resident caretaker required.

No person shall maintain, conduct or carry on, or cause or permit to be maintained, conducted or carried on any house court or tent camp space in which three or more families reside unless such premises shall be provided at all times with a resident caretaker. (Ord. 176 § 10, 1939).

7.16.100 Division between cooking and sleeping rooms.

Cooking shall not be done or permitted in any sleeping room or other compartment used for sleeping purposes, and sleeping shall not be permitted in any room or other compartment used for cooking purposes in any building or structure in any house court.

Partition walls between cooking and sleeping rooms or compartments in any building or structure in any house court shall extend from the floor to the ceiling, or to the roof if there is no ceiling.

Doors between cooking and sleeping rooms or compartments in any building or structure in any house court must be solid and full length. (Ord. 176 § 11, 1939).

7.16.110 Sleeping room--Airspace and ventilation.

No person shall use or permit to be used for sleeping purposes any room in any building or structure in any house court that does not contain at least six hundred and forty cubic feet of air space, and if any such room is occupied by more than two persons, the cubic air space of such room shall be increased by not less than five hundred cubic feet for each additional person the room is designed, built or intended to accommodate or that such room does accommodate for sleeping purposes. All existing rooms used for sleeping purposes shall be provided with ventilation to such an extent as will meet the approval of the health officer. (Ord. 176 § 12, 1939).

7.16.120 Garbage and rubbish depositories.

An adequate number of covered metal watertight and flytight depositories for garbage and rubbish shall be provided and shall be conspicuously and conveniently located in every house court and tent camp space. (Ord. 176 § 13, 1939).

7.16.130 Usable ground space for camping party.

Each camping party shall be allowed usable ground space of not less than twelve hundred square feet. (Ord. 176 § 14, 1939).

7.16.140 Sanitation required.

Every building, structure, camp car, trailer, tent or other habitation in a house court or tent camp space and all of the premises of every house court or tent camp space shall be kept clean and sanitary in every part and free from all accumulation of debris, filth, rubbish, garbage or other offensive matter. (Ord. 176 § 15, 1939).

7.16.150 Maintenance.

It shall be the duty of the owner or person legally in charge of the land upon which any house court or tent camp space is located and of the operator or person in charge of such house court or tent camp space to cause all of the buildings, structures, tents and equipment in connection therewith, regardless of ownership, to be maintained in good repair; and the habitations to be kept in such condition as to afford protection to the occupants against the elements and so as to exclude dampness in inclement weather. The roofs shall be kept waterproof and all storm or casual water properly drained and conveyed therefrom to the street sewer, storm drain or street gutter, or otherwise disposed of in a manner so as not to create an unsanitary condition. (Ord. 176 § 16, 1939).

7.16.160 Prohibited shelter materials designated.

No habitations or shelters constructed of sacks, rags, brush, cans, weeds or refuse material of an objectionable nature, or any combination of the foregoing, shall be permitted in any house court or tent camp space; and where any such habitation exists it shall be the duty of the owner, the person legally in charge of the land upon which any house court or tent camp space is located and the operator and the person in charge of such house court or tent camp space to have it removed from the premises or demolished. (Ord. 176 § 17, 1939).

7.16.170 Water supply.

A supply of water safe for human consumption shall be provided in ample quantity for all requirements of the maximum number of persons using such house court or tent camp space at any one time. The water supply shall be easily obtainable from its source, or through a pipe distribution system from which faucets shall be located not more than one hundred fifty feet from any house court or tent camp space within such ground. If the water supply is obtained from a well or wells, said well or wells must be properly covered so that water may not be dipped therefrom, and also be properly banked so that surface water cannot drain thereinto. (Ord, 176 § 18, 1939).

7.16.180 Fire restrictions.

No fires shall be so located at any time as to endanger automobiles or other property in any house court or tent camp space. No fires shall be left unattended at any time on the exterior premises of any house court or tent camp space and all camp fires shall be completely extinguished before the camping party leaves. (Ord. 176 § 19, 1939).

7.16.190 Garbage, rubbish and sewage disposal.

All sewage effluent, garbage and rubbish from every house court or tent camp space shall be disposed of in a sanitary manner in such a way as to meet the approval of the health officer. (Ord. 176 § 20, 1939).

7.16.200 Toilet and privy specifications.

At least one privy, or water closet or chemical type toilet must be provided at every house court or tent camp space for each sex for every ten apartments, tents, camp cars, trailers or other habitations. No house court habitation, or habitation in a tent camp space, shall be at a greater distance than two hundred feet from both men’s and women’s toilets. The locations of all toilets shall be plainly indicated by proper signs. The interior of all toilet buildings shall be kept clean and properly lighted and ventilated and from sunset to sunrise a proper light shall be kept burning in all public toilet buildings in house courts and tent camp spaces.

Every privy now existing, or hereafter erected, in a house court or tent camp space shall be constructed or reconstructed in a substantial manner of durable materials; and all cracks shall be effectively battened and all ventilating openings covered with wire screening not larger than 16 mesh. Every such structure shall be equipped with a full sized door, which shall be so equipped with a spring or similar device, or so hung, that it will close tight of its own accord when not in use. Hinged covers shall be placed over all seat holes and so installed that they will close tight over the seat holes of their own accord when not in use.

Pits for such privies shall be of adequate depth and the structures shall be placed over the same in such a manner as to prevent the ingress and egress of flies. All privy pits shall be provided with ventilator openings directly into the pit and such openings shall be effectively screened with wire screening not larger than 16 mesh. When the excreta in any privy comes within one foot of the surface the pit shall be filled with earth.

All nonconforming privies existing at the time of the passage of the ordinance codified herein which are not reconstructed to meet the requirements hereinbefore set forth shall by the owners be demolished and the pits shall be properly disinfected and filled with earth.

No privy shall be set within fifty feet of any human habitation or any place where food or drink for human consumption is located in a house court or tent camp space.

No privy shall be placed in any position where it can contaminate any water supply or source of supply used for human consumption. (Ord. 176 § 21, 1939).

7.16.210 Slop hoppers or sinks.

A sufficient number of public slop hoppers or sinks shall be provided at all house courts and tent camp spaces and shall be connected with a sanitary disposal system. (Ord. 176 § 22, 1939).

7.16.220 Dogs running at large.

Dogs at no time shall be permitted to run at large in any house court or tent camp space. (Ord. 176 § 23, 1939).

7.16.230 Resident with infectious or contagious disease.

It shall be the duty of the owner or resident caretaker of any house court or tent camp space to report immediately to the health officer by telephone and writing any person residing in such house court or tent camp space having, or reasonably suspected of having any infectious or contagious disease, whereupon it shall be the duty of the health officer to examine or cause to be examined such person afflicted with, or reasonably suspected of being afflicted with, such infectious or contagious disease, and cause such person to be isolated or removed from said house court or tent camp space whenever the same may be necessary for the protection of public health, and in accordance with the ordinances of the county, the rules and regulations of the health officer and the State Department of Public Health. (Ord. 176 § 24, 1939).

7.16.240 Buildings, structures or tents--Minimum requirements.

In addition to the other requirements in this chapter set forth, all buildings, structures or tents used or intended or designed to be used for human habitation hereafter erected in any house court or tent camp space shall meet the following minimum requirements; and it shall be the duty of the owner or person legally in charge of the land upon which said house court or tent camp space is located or of the operator or person in charge of such house court or tent camp space to see that the following requirements are complied with:
A. A clear air space of at least twelve inches shall be maintained between the ground and the lower edge of the floor joists of any building in a house court and the entire space under the building from the level of the floor to the ground shall be enclosed, except that a sufficient number of ventilating screens or lattices must be provided to properly ventilate underneath the building. The provisions of this subdivision shall not apply to masonry floors laid directly on the ground.
B. All floors, exterior and interior walls and ceilings and roofs of house court buildings shall be constructed of a good grade of surfaced lumber or other impervious material and shall be kept clean at all times.
C. Every house court sleeping room must have a floor area of at least eighty square feet and be not less than seven feet in width at any point within that portion of the room counted for computing the minimum area of eighty square feet; and every living room, sleeping room or kitchen in a house court building must have a ceiling height of at least eight feet. Attic rooms or rooms where sloping ceilings occur, need only have the prescribed ceiling heights in not less than one-half the area of the room.
D. Every living room, sleeping room or kitchen in every house court building shall be provided with windows the area of which shall be equal to at least one-eighth of the floor area, except that in no event shall the aggregate window area of any living rooms, sleeping room or kitchen be less than twelve square feet.
E. The windows of all rooms in house courts must open onto unobstructed areas of adequate dimensions located on the same lot as the house court building they are designed to serve, and must be arranged so that at least one-half of their required aggregate area can be opened unobstructed to the sky.
F. If a kitchen is provided in any house court building, it must be equipped with running water and a sink, if running water is available, and the drainage from such sink must be disposed of in a sanitary manner.
G. No toilet room shall be permitted to open directly into a kitchen or other room in which food is prepared or stored. (Ord. 176 § 25, 1939).

7.16.250 Compliance enforcement duty.

It shall be the duty of the owner and the person legally in charge of the land upon which any house court or tent camp space is located, and of the operator and the person in charge of such house court or tent camp space to see that all of the provisions of this chapter are complied with. (Ord. 176 § 26, 1939).

7.16.260 Violation deemed nuisance--Abatement.

Every squatter camp, and every tent camp space and house court, established, constructed, reconstructed, altered, conducted or occupied in violation of any of the provisions of this chapter is declared to be a public nuisance.

Such nuisance may be abated in the manner provided by law.

Such nuisance may also be abated by the health officer in the following manner:

The health officer shall serve notice upon the owner or operator or person in charge of any such house court or tent camp space, or upon some or all of them. The notice shall be in writing and must be signed by the health officer and must be served upon the owner or the person in charge or the operator of any such house court or tent camp space, personally, by delivery of a copy of the notice to said person. The notice shall require that the house court or tent camp space must be completely abandoned, abated, closed, and vacated within three days from the date of service of notice upon the owner or operator or person in charge thereof. Failure or refusal on the part of any such owner, operator or person in charge of such house court or tent space to abate, vacate and close it in compliance with such written notice, shall constitute a violation of this chapter. Upon such failure or refusal on the part of the owner or operator or person in charge of any such house court or tent camp space, it shall be the duty of the health officer to enter upon or into any such house court or tent camp space and post notices notifying all persons that the house court and tent camp space is abated and closed and warning all persons to refrain from going onto or upon or using any such house court or tent camp space. Any person who thereafter enters in or upon or makes any use of such house court or tent camp space, is guilty of a violation of this chapter.

In case the health officer is unable to ascertain or find the owner of any such house court or tent camp space, or where no person is in charge of the same as overseer or manager then the health officer shall notify each and every person living within such house court or tent camp space that the same has been abated and to remove therefrom immediately. In addition to such oral notification, the health officer shall post a written notice at a conspicuous place, or places, within said house court or tent camp space, notifying all persons to forthwith and immediately remove therefrom and vacate said house court or tent camp space. Failure or refusal of any person to comply with such notice shall be a violation of this chapter. (Ord. 176 § 27, 1939).

7.16.270 Enforcement--Right of entry.

It shall be the duty of the health officer to enforce all of the provisions of this chapter. For the purpose of securing enforcement thereof he and any of his duly authorized representatives shall have the right, and they are hereby empowered, to enter upon any public or private property, including any building or habitation, in the unincorporated area of the county to inspect all accommodations and installations thereon or therein which may be covered by the provisions of this chapter. (Ord. 176 § 28, 1939).

7.16.280 Burden of proof.

In any prosecution and in any action to abate or enjoin any nuisance or other act, under this chapter, the burden of proving bona fide claim to land, color of title to land, permission from the owner or person in charge of land, or permit from the board of supervisors, shall rest upon the person occupying the land, squatter camp, tent camp space or house court involved. (Ord. 176 § 29, 1939).

7.16.290 Exemptions.

The provisions of this chapter shall not be construed to apply to any premises, buildings, structures or equipment referred to in an act entitled “An Act to regulate the construction and maintenance of auto camps in unincorporated areas”; and for other purposes, approved May 31, 1929; or in Division 2, Part 9, Chapter 1, Article 4 of the Labor Code of California; nor shall this chapter be construed to apply to any supervised public park or public camp or picnic ground owned, operated or maintained by the federal government, the state or any agency of said state or by any political subdivision or municipality. (Ord. 176 § 30, 1939).

7.16.300 Scope--Violation prohibited.

The provisions of this chapter shall be in effect in all of the unincorporated area of the county and it is unlawful for any person, firm or corporation to violate or to contribute in any way to the violation thereof. (Ord. 176 § 31, 1939).

7.16.310 Penalty for violations.

The penalty for violations of this chapter shall be as prescribed in Chapter 1.12 of this code. (Ord. 378 § 2 (part), 1973: Ord. 176 § 32, 1939).