Except as otherwise provided in this chapter, the California Building Code, Title 24, California Code of Regulations, Part 2, Volume 1, Chapter 1, Division II, “Scope and Administration,” including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the Administrative Code of the City. This administrative chapter shall apply to all codes listed in this title.
(Ord. 698 11-19-19)
The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official. The Building Official shall be appointed by the City Manager. With the concurrence of the City Manager, the Building Official shall have the authority to appoint a Deputy Building Official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers delegated by the Building Official.
(Ord. 698 11-19-19)
The Building Official is authorized and directed to enforce the provisions of this Code. The Building Official shall have the authority to render interpretations of this Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code.
(Ord. 698 11-19-19)
Such City officials as may be designated by the City Manager, under the general supervision of the City Manager, shall enforce the provisions of this title, and shall have the authority to issue citations for violations of this title as provided by California Penal Code Section 836.5.
(Ord. 698 11-19-19)
The Administrative Code is amended in part as follows:
105.3.2 Time limit of application. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 90 days upon request by the applicant. The extension shall be requested in writing and justifiable cause demonstrated showing that circumstances beyond the control of the applicant which has prevented action from being taken. Extension shall be requested prior to date of expiration. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
105.5.1 Expiration of permit regarding nuisance abatement. Building permits issued to resolve active nuisance abatement cases shall expire in 60 days from the date such permit is issued unless authorized by the Chief Building Official that a longer period of time is needed to complete the work in which event such permit will expire at the end of such longer period of time.
Section 109, Fees is amended to read as follows:
109.1.1 Plan review fees. When submittal documents are required by Section 109.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review.
The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.2, an additional plan review fee shall be charged at the rate established by the Building Official.
109.4 Work commencing before permit issuance. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
109.4.1 Investigation fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this Code. The minimum investigation fee shall be the same as the minimum fee set forth in the City fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.
109.6 Fee refunds. The Building Official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.
The Building Official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment.
109.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work or which inspection is called is not complete or when corrections called for are not made.
This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.
To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule adopted by the jurisdiction.
In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
Section 110 Inspections is amended to read as follows:
110.3.5 Lathe and gypsum board inspections. The exception is deleted in its entirety.
(Ord. 698 11-19-19)
A. 
Pursuant to Chapter 2.72, the City Council shall serve ex officio as the Appeals Board, and the City Council’s authority to hear appeals shall be the same as cited in the California Building Code adopted under Chapter 15.04, and California Health and Safety Code Sections 17920.5 and 17920.6.
B. 
In order to appeal orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the California Building Code and other regulations governing construction, use, maintenance or change of occupancy, any person adversely affected by such order, decision, or determination may request an administrative hearing with a hearing officer and shall comply with all of the following procedures:
1. 
Submit a written request for an administrative hearing to the City Clerk within 14 calendar days from the date of such order, decision or determination.
2. 
Pay the appropriate appeal fee. If no appeal fee is submitted, a hearing shall not be conducted and the Building Official’s decision shall stand.
3. 
The request for an administrative appeal hearing shall contain the following information:
a. 
A brief statement setting forth the interest of the appellant in the real property identified in the order, decision or determination made by the Building Official;
b. 
A brief statement in ordinary and concise language of that (those) specific order(s), decision(s) or determination(s) protested;
c. 
A brief statement in ordinary and concise language contending that issuance of the order, decision or determination was a result of error or abuse of discretion together with any material facts claimed to support such contention;
d. 
A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, decision or determination should be reversed, modified, or otherwise set aside;
e. 
The signature of the appellant, and his or her mailing address; and
f. 
The verification (by declaration under penalty of perjury) of at least 1 person requesting a hearing as to the truth of the matters stated in the request for hearing.
4. 
Scheduling and Noticing. As soon as practicable after receiving the proper request for administrative hearing, the City Clerk shall fix a date, time and place for the administrative hearing. Written notice of the time and place of the hearing shall be given to the appellant at least 7 calendar days prior to the date of the hearing. The failure of the City to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
5. 
Scope of Hearing. The administrative hearing before a hearing officer shall be an evidentiary hearing. Only those matters or issues specifically raised by the appellant in the request for administrative hearing shall be considered. The appellant and the City may present witnesses and such documentary evidence as are relevant to the issues. The hearing officer shall have the power to administer oaths. The City has the burden of proof by a preponderance of the evidence.
6. 
The City Manager, or designee, shall select the hearing officer to conduct administrative hearings pursuant to this section. All hearing officers shall be retired or practicing attorneys who are impartial third parties and who shall not have any pecuniary interest in the proceeding over which he or she is presiding, nor any pecuniary interest in the outcome thereof. The hearing officers shall be knowledgeable in the applicable building codes, regulations, and ordinances.
7. 
Limitations of Authority. The hearing officer shall have no authority relative to interpretations of the administrative provisions of this Code and shall not be empowered to waive or otherwise set aside the requirements of this Code.
8. 
Decision of the Hearing Officer. The hearing officer shall issue a written decision within 30 days after the conclusion of the administrative hearing. The City shall serve a copy of the written decision to the appellant.
9. 
Effect of Hearing. Decisions of the hearing officer in all instances shall be final and conclusive unless appealed as set forth in subsection C of this section.
C. 
Appeal of Hearing Officer Decision to the Appeals Board established by Chapter 2.72. Appeals of the hearing officer’s determination to the Appeals Board shall be conducted as follows:
1. 
Only appeals based on a substantive issue related to the application or interpretation of the California Building Code and other regulations governing construction, use, maintenance or change of occupancy may be heard by the Appeals Board. This includes California Building Code, substandard/public nuisance determinations, and orders to abate. The following may not be appealed to the Appeals Board: billing appeals, graffiti violations, public nuisance determinations not based on a California Building Code violations, planning code or zoning violations, and any other violation of a City ordinance not based on a California Building Code violation.
2. 
The appeal must be filed within 14 calendar days of service of the hearing officer’s decision.
3. 
Notice of the time and place of the hearing shall be mailed or otherwise delivered by the City Clerk to the appellant, respondent and all other persons, if any, to whom notice of the initial application or action was required, not less than 7 days prior to the hearing.
4. 
The Appeals Board’s consideration shall be limited to the record established by the hearing officer. The Appeals Board shall not consider new evidence unless the proponent shows that the evidence is both newly discovered and could not, with reasonable diligence, have been produced at the hearing before the hearing officer. If, the Appeals Board makes such a determination, it may hear the additional evidence at a continued hearing, allowing the opposing party to respond, or may remand the matter to the hearing officer to consider the new evidence.
5. 
The appellant shall have the burden of demonstrating that there is no substantial evidence in the record to support the hearing officer’s decision, or that the decision is based on an error of law.
6. 
The Appeals Board shall render its decision consistent with applicable law and all ordinances of this City. The Appeal Board’s decision shall be in writing and shall set forth the Appeal Board’s findings of fact and conclusions. The Appeals Board shall render its decision within thirty days following the conclusion of the hearing.
7. 
No later than five days following the rendering of the Appeal Board’s decision, the City shall mail the Appeal Board’s decision to the appellant and all other parties in the appeal. Failure of the City to mail or deliver a copy of the decision to each party or to any party shall not affect the finality or effectiveness of the decision.
8. 
The decision of the Appeals Board shall be final. The limitation period provided pursuant to the California Code of Civil Procedure shall apply to all petitions filed seeking judicial review of determinations made by the Appeals Board.
(Ord. 708 5-19-20)