A. 
General. Whenever the term or title "Administrative Authority," "Responsible Official," "Building Official," "Chief Inspector," "Director," or "Code Enforcement Officer" is used herein or in any of the model codes contained in this title, it shall be construed to mean the Director, Community Development Department or the Deputy Director, Building and Safety Division or any duly delegated representative.
B. 
Creation of Building and Safety Division. There is hereby created in the Department of Community Development, hereafter referred to as the "Department" which shall be under the direction of the Director of Community Development, a Building and Safety Division which shall consist of a Deputy Director, Building and Safety Division, and such inspectors, plans examiners, and other employees as the Council may, by ordinance or resolution, direct.
(Prior code § 13-201; Ord. 001-11 C.S. § 2, eff. 2-24-11)
A. 
General. The Building Official is hereby authorized and may enforce all the provisions of the adopted administrative provisions and the adopted model codes. For such purposes, the Building Official and duly delegated representatives shall have the powers and discretion of a law enforcement officer. The Building Official, or any delegated representative, pursuant to the provisions of Section 836.5 of the Penal Code of the State, is hereby authorized to arrest a person without a warrant whenever there exists reasonable cause to believe the person has in the Building Official's presence violated any provision of this code. Upon making such arrest, the Building Official or the delegated representative shall prepare a citation and release the person arrested pursuant to Section 853.6 of the Penal Code of the State. The provisions of Sections 836.5 and 853.6 of the Penal Code as exist now or hereafter amended are hereby adopted by reference as part of this section. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to the model codes as may be deemed necessary in order to clarify the application of the provisions of the model codes. Such interpretations, rules and regulations shall be in conformity with the intent and purposes of these model codes.
B. 
Deputies. In accordance with the prescribed procedure and with the approval of the chief appointing authority, the Building Official may appoint such number of officers, inspectors, assistants, and other employees as shall be authorized from time to time. He or she may deputize such employees as may be necessary, to carry out the function of the Building and Safety Division.
C. 
Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of the adopted administrative provisions and model codes, or whenever the Building Official or authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Officer or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by such codes; provided that if such building or premises be occupied, he or she shall first present proper credentials and request entry; and if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or authorized representative shall have recourse to every remedy provided by law to secure entry.
When the Building Official or authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect after proper request is made as herein provided, to promptly permit entry therein by the Building Official or authorized representative for the purpose of inspection and examination pursuant to this code.
"Authorized representative" shall include the officers designated in subsections A and B of these provisions.
D. 
Stop Orders. Whenever any building work or installation work is being done contrary to the provisions of the adopted administrative provisions and model codes, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.
E. 
Occupancy Violations. Whenever any building or structure or building service equipment or private parking lot therein regulated by this code and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes.
F. 
Authority to Disconnect Utilities. The Building Official or authorized representative shall have authority to disconnect any utility service or energy supplied to the building, structure, private parking lot or building service equipment therein regulated by this code or the technical codes in case of emergency when necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible, notify the serving utility, the owner and occupant of the building, structure, private parking lot or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure, private parking lot or building service equipment, in writing, of such disconnection immediately thereafter.
G. 
Authority to Condemn Building Service Equipment.
1. 
Whenever the Building Official ascertains that any building or private parking lot service equipment regulated in the technical codes has become hazardous to life, health, property, or becomes unsanitary, he or she shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective building or private parking lot service equipment after receiving such notice.
2. 
When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure, private parking lot or premises.
3. 
When any building or private parking lot service equipment is maintained in violation of the technical codes and in violation of any notice issued pursuant to the provisions of this section, the Building Official shall institute any appropriate action to prevent, restrain, correct or abate the violation.
H. 
Connection after Order to Disconnect. No person shall make connections from any energy, fuel or power supply nor supply energy or fuel to any building or private parking lot service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment.
I. 
Emergency Orders. Any work, equipment or system may be condemned by the Building Official if it is detrimental to public health, safety, or welfare. Said work, equipment or system shall be abated upon personal service on the owner or contractor or posting at the location of said work, equipment or system. It is unlawful for any person to fail to abate or correct such condition within 24 hours after being ordered to do so. If not abated within 24 hours after service of notice, the City may perform such work as shall be necessary to obtain proper abatement.
Any cost incidental to such work shall be an assessment upon the property or premises affected and shall be collected on the tax roll in the same manner, by the same persons, and at the same time, together with and not separate from the general taxes.
J. 
Liability. The Building Official, or any authorized representative charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of official duties, shall not thereby be rendered personally liable for any damages that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of official duties. Any suit brought against the Building Official or employee because of such act or omission performed in the enforcement of any provision of such codes shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.
Such codes shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment or private parking lots therein for any damages to persons or property caused by defects, nor shall the Code Enforcement Agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by such codes or approvals issued under such codes.
K. 
Cooperation of Other Officials and Officers. The Building Official may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the subject jurisdiction and officers of public and private utilities.
(Prior code § 13-202; Ord. 001-11 C.S. § 2, eff. 2-24-11)
A. 
All buildings, structures, or private parking lots regulated by these administrative provisions and model codes which are structurally inadequate or having inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are for the purpose of this section unsafe.
B. 
Building service equipment, signs or systems regulated by these codes, which constitute a fire, electrical or health hazard, or unsanitary condition, or otherwise dangerous to human life is, for the purpose of this section unsafe. Any use of buildings, structures, private parking lots, equipment or systems constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. All such unsafe structures or uses are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the Dangerous Buildings Code.
C. 
Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in a deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are hereby designated as unsafe building appendages.
D. 
Any such building, private parking lots or portion thereof or use may be immediately posted as "Unsafe" if found to be hazardous to the general public or the occupants, and the owner(s) or owner's agents be given written notice to abate or correct this condition. Such owner(s) or owner's agents shall be required to commence repairs or improvements within 24 hours or to remove the unsafe structure, use or portions thereof. It is unlawful for any person to fail to abate or correct such condition within 24 hours after being ordered to do so. If not abated within 24 hours after service of notice, all such unsafe structures or equipment shall be abated in accordance with Section 15.04.120(I) of these administrative provisions.
(Prior code § 13-203)
A. 
In order to hear and decide appeals of orders, decisions or determinations made by the building official and/or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure.
Exception: Pursuant to the California Historical Building Code, Title 24, this chapter does not pertain to structures and premises which are designated as qualified historical buildings or properties.
B. 
Notwithstanding any other provisions of this code, this article shall govern the organization and administration of the Building Board of Appeals.
(Prior code § 13-204; Ord. 026-07 C.S. § 2; Ord. 2025-03-04-1204, 3/4/2025)
Unless the context otherwise requires, the article set forth in this chapter govern the construction of this article.
"Board"
means the Building Board of Appeals.
"Building Code Official"
means the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.
"Code"
means Stockton Municipal Code Title 15, and any adopted provisions of the California Building Code, California Fire Code, International Property Maintenance Code, California Existing Building Code, International Swimming Pool and Spa Code, California Green Building Standards Code, California Energy Code, California Plumbing Code, California Mechanical Code, California Electric Code, and any other code or regulation hereinafter adopted by the City in furtherance of the provisions hereof.
"Fire Code Official"
means the Fire Chief or other designated authority charged with the administration and enforcement of the Fire Code, or a duly authorized representative.
"Member"
means a member of the Building Board of Appeals.
(Prior code § 13-204.1; Ord. 026-07 C.S. § 2; Ord. 2025-03-04-1204, 3/4/2025)
A. 
The Building Board of Appeals shall be comprised of five members, of which one will be a resident of the lay community, appointed by the Mayor with the advice and consent of the City Council. The Mayor with the advice and consent of the City Council may also appoint two alternate members to the Board. The Deputy Director of the Community Development Department/Building and Safety Division shall serve as ex officio secretary of the Board but shall not vote. The members of the Board shall be qualified by experience and training to pass on matters pertaining to building construction, hazards of fire, or fire protection systems, and shall not be employees of the City of Stockton.
B. 
The term of office for each member shall be four years. Vacancies occurring during a term shall be filled for the unexpired period of the term by the Mayor with the approval of the City Council. Terms shall be staggered to provide continuity. A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.
C. 
Board members shall be residents of San Joaquin County at the time of application for appointment and continuously thereafter. Failure to reside within the County shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk. Any unexpired term shall be filled as provided herein.
D. 
A member shall be neither an elected officer nor an employee of the City, but shall not be disqualified by membership on, or employment by, any other Board, commission, agency or authority of, or created by or for the City.
E. 
No member shall knowingly acquire any interest in any property which is the subject of any action or appeal before the Board. A member having any interest in property which is the subject of an action or appeal before the Board shall make immediate disclosure of the fact of an interest to the Board, and the member shall be disqualified from all deliberations by the Board relating to that property.
F. 
The Board shall elect a chairperson from among its members. The term of office of the chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place, and frequency of its meetings shall be fixed by the Board.
G. 
A majority of the total number of members appointed to the Board, excluding alternates, shall constitute a quorum at any regular or special meeting of the Board. The chairperson of the Board is authorized to fill a vacant seat of an absent member of the Board with an alternate member, only at the commencement of a hearing of the appeal, and the alternate member shall then hear the entirety of the appeal upon being seated on the Board.
H. 
The minimum number of concurring votes required to transact business or decide any matter before the Board shall be a majority of the total authorized membership of the Board excluding alternates. The petition, appeal, request, or other matter shall be deemed denied absent the required number of votes.
I. 
Compensation of members shall be determined by law or as established by resolution of the City Council from time to time.
J. 
The City shall furnish to the Board adequate secretarial, executive, and legal assistance, meeting space, and upon the Board's request, make available service and advice of the administrative departments.
(Prior code § 13-204.2; Ord. 026-07 C.S. § 2; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2025-03-04-1204, 3/4/2025)
The Board's function is:
A. 
To hear appeals of decisions or determinations made by the Building Code Official or Fire Code Official relative to the application and interpretation of this code and from aggrieved parties relative to the application of the California Code of Regulations, Title 24, and other related codes and regulations as adopted by the City.
Notwithstanding any other provisions of this code, the Board, whenever there are practical difficulties involved in carrying out the provisions of the above-mentioned model codes or related regulations of the City, may grant modifications for individual cases, provided it shall first find that a special individual reason makes compliance with the strict letter of these codes and regulations impractical and that the modification is in conformity with their intent and purpose. The Board shall not have authority to waive the requirements of this code or interpret the administration of this code.
B. 
Conduct of Appeals.
1. 
The Board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent and purpose of this code, the California Code of Regulations, Title 24, and related regulations of the City of Stockton to provide relief where possible to aggrieved parties which is consistent with the security of the public welfare.
2. 
The Board shall adopt rules of procedure for the conduct of appeals, make provisions for adequate notice of hearing to all parties, provide for public hearing of all appeals to be commenced not less than 10 nor more than 45 days from the date of filing of the petition for appeal, record minutes of all its proceedings, and provide copies of such minutes for inspection as a public record.
3. 
The Board shall hear appeals as soon as is possible in those cases where the enforcing officer has acted under the emergency provisions of Section 15.04. 120(1) of this code.
C. 
Procedure on Petition for Hearing of Appeals.
1. 
Upon filing of the petition, the Secretary shall set the matter on the agenda for consideration by the Board.
2. 
Notice in writing of not less than seven days shall be given the applicant or petitioner specifying the time and place of the hearing. In an emergency situation, notice shall be given as soon as possible before the date of the hearing.
3. 
At the hearing, the petitioner shall be given an opportunity to be heard and present witnesses and any other evidence to support the petitioner's request.
4. 
Any notice which is not appealed within 10 days of the date of service shall automatically become an order and a permit suspended by a notice not appealed within 10 days of service is deemed revoked.
5. 
If the Board sustains or modifies a notice, determination, or action which has been appealed, a notice shall become an order and any other determination or action shall be final.
D. 
Decisions.
1. 
No later than 30 days after hearing, the Board shall formally report its findings of fact and, together with the reasons, its decision in writing. The Board may sustain, modify, withdraw, or reverse any notice, determination, decision, or action which has been appealed.
2. 
The findings shall order the petition or application either granted or denied and specify any conditions of limitations imposed.
3. 
A copy of the findings and decisions shall be forwarded to the petitioner or the petitioner's representative at the address shown upon the petition on file within 30 days of the issuance of the findings.
E. 
A copy of the report shall be forwarded to the administrative office whose decision has been appealed.
F. 
The Board shall file the original of its findings in its permanent records.
G. 
The findings and decisions of the Board upon an appeal shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law.
(Prior code § 13-204.3; Ord. 026-07 C.S. § 2; Ord. 001-11 C.S. § 2, eff. 2-24-11; Ord. 2025-03-04-1204, 3/4/2025)
Any person aggrieved by any notice or administrative decision concerning the decisions or determinations made by the Building Code Official and/or Fire Code Official relative to the application and interpretation of this code and the use of alternative building materials may request a hearing on the matter before the Building Board of Appeals by filing in the office of the Community Development Department a written petition setting forth a brief statement of the grounds of protest within 10 days from the date the notice was served or the decision, determination, or order was rendered. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Upon receipt of the petition, the Building Official shall forward the petition forthwith to the Board who shall set a time and place for the hearing giving the petitioner notice thereof by mail of not less than seven days. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice, order, decision, or determination shall be modified or withdrawn. The hearing shall be commenced not less than 10 or more than 45 days from the date the petition is filed.
(Prior code § 13-204.4; Ord. 026-07 C.S. § 2; Ord. 2025-03-04-1204, 3/4/2025)
A. 
It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building, structure, building service equipment or private parking lot in the City, including maintenance of any structure or portion thereof which was built in violation of any applicable code, or cause or permit the same to be done, contrary to or in violation of any of the adopted administrative provisions, model codes, the order or decision of the Building Board of Appeals, or Handicapped Access Board of Appeals.
B. 
Any person, firm, or corporation violating any of the provisions of this title shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted.
(Prior code § 13-205; Ord. 026-07 C.S. § 2)