Note: Prior history: Prior code Sections 8100 through
8111 and Ord. No. 1177CCS, adopted 9/10/80; Ord. No. 1252CCS, adopted
6/8/82; Ord. No. 1489CCS, adopted 7/25/89; Ord. No. 1506CCS, adopted
12/12/89; Ord. No. 1621CCS § 1, adopted 4/28/92; Ord. No.
1631CCS §§ 1 through 9, adopted 6/9/92; Ord. No. 1650CCS
§§ 1, 2 and 3, adopted 9/29/92; Ord. No. 1737CCS § 2,
adopted 4/19/94; Ord. No. 1748CCS §§ 2, 3, 4 and 6,
adopted 6/21/94; Ord. No. 1771CCS § 1, adopted 10/11/94;
Ord. No. 1790CCS § 2, adopted 2/28/95; Ord. No. 1827 CCS § 1,
adopted 11/7/95; Ord. No. 1835CCS, adopted 12/12/95; and Ord. No.
1945CCS § 1, adopted 6/8/99.
(a) No
person shall erect, construct, enlarge, alter, repair, move, remove,
improve, convert, demolish, occupy, equip, use or maintain any building
or structure, mobile home or trailer, or fixture attached thereto,
or commence or perform any grading, or import or export any earth
materials to or from any site, in violation of any condition, provision
or regulation contained in Article VIII of the Municipal Code.
Any person violating Article VIII of the Municipal Code shall
be guilty of an infraction, which shall be punishable by a fine not
exceeding two hundred fifty dollars, or a misdemeanor, which shall
be punishable by a fine not exceeding one thousand dollars per violation,
or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment.
Any person convicted of violating any provision of this Article
shall be ordered to reimburse the City its full investigative costs.
(b) Continuing Prosecution. Amendments to this Article VIII shall
not in any manner affect the prosecution for violations thereof, which
violations were committed prior to the effective date of the ordinance
adopting the amendment to this Article VIII and shall not affect any
prosecution or action which may be pending in any court for the violation
of any of the provisions thereof. As to any such violation or as to
any such prosecution or pending prosecution or action, the provisions
of this Article VIII in effect prior to the adoption of the ordinance
adopting the amendment shall be deemed to continue and be in full
force and effect.
(c) Restatements of Existing Law. The provisions of this Article
VIII, insofar as they are substantially the same as the provisions
in effect prior to the adoption of the ordinance adopting any amendment
of this Article VIII, shall be construed as restatements and continuations
and not as new enactments.
(d) Creation and Enforcement of Local Laws. The provisions of
Article VIII are adopted pursuant to Article XI, Sections 5 and 7
of the California Constitution, in addition to the authority contained
in the
Health and Safety Code, and are adopted to protect the public
health, safety and welfare of the City.
(e) Legislative Intent. The preamble to the ordinance adopting
the Chapters in Article VIII, and the Resolution adopted by the City
Council concurrently therewith, should be consulted for further findings,
background and legislative history.
(Added by Ord. No. 2054CCS §
1, adopted 10/8/02; amended by Ord. No. 2445CCS § 1, adopted 11/12/13; Ord. No. 2527CCS § 1,
adopted 11/22/16; Ord.
No. 2623CCS § 2, adopted 10/22/19; Ord. No. 2727CCS § 2,
adopted 10/25/22)
(a) General. The editions of the California Building Standards
Code and the local amendments contained in Article VIII of this Code
in effect at the time an application for a permit is submitted shall
apply to the plans and specifications for, and to the construction
performed under that permit unless one of the following conditions
exist:
(1) The City is subject to an emergency proclaimed pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8850) of Division
1 of Title
2 of the
Government Code).
(2) The permit is expired pursuant to Section
8.08.070(c) of this Code.
(3) The permit holder has suspended or abandoned the work authorized
by the permit at any time after the work is commenced for a period
of one hundred eighty consecutive days.
(4) The permit is subsequently deemed suspended or revoked because the
Building Officer has, in writing, suspended or revoked the permit
due to its issuance in error or on the basis of incorrect information
supplied.
(Added by Ord. No. 2054CCS §
1, adopted 10/8/02; amended by Ord. No. 2527CCS § 1, adopted 11/22/16; Ord. No. 2623CCS § 2,
adopted 10/22/19; Ord.
No. 2727CCS § 2, adopted 10/25/22)