The requirements of this chapter are general in nature and apply to all the provisions in Chapters 15.08, 15.12, 15.16, 15.20, 15.24 and 15.36.
(Ord. 193 § 19, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
Whenever in any of the codes adopted in Chapter 15.08, 15.12, 15.16, 15.20 or 15.24 there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows:
or any other similar reference to a political entity means
the incorporated territory of the city of Loma Linda.
means the city council of the city of Loma Linda.
or any other similar term which makes reference to the individual official, board, department, or agency created by law to administer and enforce the provisions of the codes adopted by Chapters 15.08, 15.12, 15.16, 15.20 and 15.24 shall mean the director of building and safety and his or her authorized assistants.
refers to the current adopted building code as established in Section 15.08.010.
(Ord. 193 § 20, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
Any and all references to fees in any of the codes adopted in Chapters 15.08, 15.12, 15.16, 15.20 and 15.24 are deleted and referred to the building and safety fee resolution adopted by the city.
(Ord. 193 § 21, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
A.
Where
any person, firm, or corporation in the course of normal maintenance
procedures proposes to install, alter or repair any electrical wiring,
devices appliances, plumbing, drainage systems, septic tanks, seepage
pits, leaching lines, heating, ventilating, refrigeration or water
equipment in an existing facility located on property under the direct
controls of said person, firm or corporation and is able to, and does
in fact, furnish inspection service which meets the requirements and
rules and regulations of the city and whose operations are under the
continuous supervision of a professional engineer or engineers, duly
registered with and licensed by the state, such person, firm, or corporation
shall be required only to obtain an annual permit or annual permits.
B.
The
fee for each separate annual permit (electrical, plumbing, mechanical)
shall be based on the number of employees doing work in the crafts
covered in each annual permit in accordance with the fee ordinances
adopted by the city.
C.
The
designated responsible supervising engineer shall file with the building
and safety department a written report specifying the work done under
the issued annual permit. Such written report shall be filed with
the department of building and safety within thirty days following
the end of the fiscal year for which the permit was issued.
(Ord. 193 § 22, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
It shall be the duty of the director of the building and safety
department to enforce the provisions of the code, and to determine
the intent and meaning thereof.
(Ord. 193 § 23, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
A.
Subdivision
maps shall not be given a final approval until a preliminary soil
report prepared by a civil engineer registered by the state has been
filed with and approved by the director of building and safety.
B.
The
preliminary soil report shall indicate the presence, if any, of expansive
soils or another soil problem, which, if not corrected, would lead
to structural defects. If defective soil conditions are indicated,
the preliminary report shall include recommendations for corrective
measures intended to prevent structural damage to buildings erected
on the site. Acceptance and approval of these recommendations shall
not preclude the consideration and approval of alternate methods of
correction which may be submitted by any other California-registered
civil engineer when accompanying a permit application for construction
of a specific building or buildings.
C.
The
preliminary soil report shall be based upon test borings or excavations.
The number of borings or excavations shall be adequate to determine
fully the extent and degree of soil problems, if any, which exist
in the proposed subdivision; provided, however, that not less than
three such borings or excavations shall be required for each report.
If critically defective soil conditions are disclosed by initial borings
or excavations, additional borings or excavations shall be made at
the probable building location on each lot or parcel within the subdivision.
Appropriate notations shall be made upon the subdivision map so as
to indicate the location and type of defective soil noted in the preliminary
report.
E.
The
preliminary soil report may be waived when the sole purpose of the
subdivision map is to assemble small lots or parcels into larger lots
or parcels or to define, adjust or correct property lines of existing
subdivisions.
F.
The
issuance of a building permit for the construction of a building on
a lot or parcel of land which has been found to have defective soils
shall be conditioned to the incorporation of an approved corrective
measure intended to prevent structural damage to the building.
(Ord. 193 § 24, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
Water used as a coolant in any stationary equipment or machinery,
or water utilized for heating or cooling in an industrial process,
shall not be wasted but shall be recirculated and reused. Every evaporative
cooler shall be equipped with a circulating pump.
(Ord. 193 § 25, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
Where work for which a permit is required by the codes adopted
in this title is started or proceeded with prior to obtaining said
permit, the specified fees shall be doubled, or, if said permit is
not secured because of willful neglect, the fee required shall be
equal to ten percent of the total value of the project or two hundred
dollars, whichever is less; but the payment of such penalty fees shall
not relieve any persons from fully complying with the requirements
of these codes in the execution of the work nor from any other penalties
prescribed in this title; provided, however, that this provision shall
not apply to emergency work when it shall be proved to the satisfaction
of the director of building and safety that such work was urgently
necessary and that it was not practical to obtain a permit therefor
before commencement of the work. In all such cases a permit must be
obtained as soon as it is practical to do so, and if there is an unreasonable
delay in obtaining such permit, a double fee as herein provided shall
be charged.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of public health, safety, and general welfare.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
Any building or structure erected or maintained, or any use
of property, contrary to the provisions of this title shall be unlawful
and a public nuisance, and the city attorney shall, upon order of
the director of building and safety, immediately commence an action
or actions, proceeding or proceedings, for the abatement, removal
and enjoinment thereof in the manner provided by law and shall take
such steps and shall apply to such court or courts as may have jurisdiction
to grant such relief as will abate or remove such building, structure,
or use, and restrain and enjoin any person from erecting or maintaining
such building or structure or using any property contrary to the provisions
of this title. It shall be the right and duty of every citizen to
participate and assist the city officials in the enforcement of the
provisions of this title.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
All remedies provided for in this chapter shall be cumulative
and not exclusive. The conviction and punishment of any person hereunder
shall not relieve such person from the responsibility of correcting
prohibited conditions or removing prohibited buildings, structures,
or improvements, nor prevent the enforced correction or removal thereof.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
Any person, firm or corporation whether as principal, agent, employee or otherwise violating or causing or permitting the violation of any of the provisions of Chapter 15.04, 15.08, 15.12, 15.16, 15.20, 15.24 or 15.36 or of any permit or exception granted thereunder, shall be guilty of an infraction. Any person convicted of an infraction under the provisions of a city ordinance shall be punishable as set forth in Chapter 1.12. No suspension of sentence or probation shall be granted to any such violator unless there is included in the terms thereof that the violator shall comply with the provisions which he or she has been convicted of violating and shall abate or correct the illegal condition, alteration, enlargement, conversion, movement or maintenance of any building established, constructed, operated or maintained contrary to the provisions of this title.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of Chapter 15.04, 15.08, 15.12, 15.16, 15.20, 15.24 or 15.36 is committed, continued, permitted or maintained by such person, firm or corporation and shall be punishable therefor as provided in Section 15.04.120.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
A notice of pendency of administrative action or proceeding
may be filed in the county recorder's office at the time of the commencement
of action or proceeding or at any time before final judgment or order.
The county recorder shall record and index the pendency of action
in the name of each person specified in the action or proceeding.
After all required work has been completed and approved, the director
of building and safety shall record in the office of the county recorder
a document terminating said notice.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
In the event that any person, firm or corporation fails, neglects or refuses to demolish, remove, abate or correct a structure or condition existing in violation of this title upon his, her or its property after a civil court order or criminal conviction obtained pursuant to Sections 15.04.100 through 15.04.150, the city council may order the director of building and safety to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the city council who shall cause the same to be paid and levied as a special assessment against the property.
(Ord. 193 § 26, 1978; Ord. 757 § 1, 2019; Ord. 774 § 1, 2022)
