Except as hereinafter provided, the following parts of Title 24, "California Building Standards Code," 2022 edition, of the California Code of Regulations and associated appendices and annexes, are hereby adopted by reference and incorporated as though fully set forth in this Section: Part 1, California Administrative Code; Part 2, California Building Code (CBC); Part 2.5, California Residential Code (CRC); Part 6, California Energy Code; Part 8, California Historical Building Code; Part 10, California Existing Building Code; and Part 12, California Referenced Standards Code.
This code, together with amendments, additions, and deletions set forth in this chapter, shall constitute the Building and Construction Code of the City of Mill Valley and may be cited as such.
(Ord. 1187 § 2, March 17, 2003; Ord. 1224 § 1, December 3, 2007; Ord. 1244, November 15, 2010; Ord. 1262 § 3, November 18, 2013; Ord. 1286 § 2, November 7, 2016; Ord. 1312 § 3, December 2, 2019; Ord. 1340 § 2, December 5, 2023)
Notwithstanding the provisions of Section 14.05.020 of this Code, the following sections and appendices of the 2022 CBC and CRC are adopted and amended as set forth below.
A. 
Administration, Organization and Enforcement. The administration, organization and enforcement of the Building Code of the City of Mill Valley is set forth in Sections 14.05.030 through 14.05.040 of the Mill Valley Municipal Code, as modified by the following sections of the 2022 CBC Chapter 1, Division II and the 2022 CRC Chapter 1, Division II. The following sections are the only sections being adopted by reference from Chapter 1, Division II of the 2022 CBC and 2022 CRC:
1. 
Duties and Powers of the Building Official. Sections: CBC: 104.9.1, 104.11; CRC: R104.9.1, R104.11.
2. 
Permits. Sections: CBC: 105.2; CRC: R105.2.
3. 
Construction Documents. Sections: CBC: 107.3.4.1, 107.4.
4. 
Temporary Structures and Uses. Sections: CBC: 108; CRC: R107.
B. 
Board of Appeals. The CBC is hereby amended to provide that all references to a "Board of Appeals" or "board" shall be deemed for purposes of the Building Code of the City of Mill Valley to be references to the City Council of Mill Valley.
C. 
Permits. Subsection 1 under "Building" in CBC Section 105.2 and in CRC Section 105.2 is hereby amended to read as follows:
1. 
One-story detached accessory structures used as tool and storage sheds, children's playhouses, or similar uses, provided that: (a) the floor area does not exceed 120 square feet; (b) the building contains no plumbing, electrical or heating installations; and (c) the building is not located in an interior or exterior setback area.
D. 
Approval of Fire Marshal Required. In the case of a proposed occupancy and use other than an R-3 or U occupancy, before issuing a certificate of occupancy, the Building Official shall submit the application to the Fire Marshal, who shall examine the same and indicate approval or disapproval thereof based on applicable sections of the California Fire Code and other related statutes and ordinances. In such case, no certificate of occupancy shall be issued, except for an R-3 or U Occupancy, without the approval of the Fire Marshal or the Fire Marshal's designated representative.
E. 
Definitions. Section 202 of Chapter 2 of the CBC is hereby amended by revising the definition for "Kitchen or Kitchenette," which shall read as follows:
Kitchen or Kitchenette.
Any room or portion thereof containing facilities designed or used for the regular storage and preparation of food. Such facilities may include, without limitation, stoves, ranges, ovens, or hot plates; refrigeration equipment; dish washing equipment; and built-in dish or utensil storage spaces.
F. 
Address Identification. Section 502.1 in Chapter 5 of the CBC is hereby amended by adding the following requirement to the end of the paragraph therein: Approved address numbers shall be internally or externally illuminated.
G. 
Soils and Foundations. CBC Section 1805.1.2 is hereby amended by adding a new subsection 1805.1.2.2, to read as follows:
1805.1.2.2 Under-floor Drainage. The underfloor grade beneath the floor system of a building shall be graded to a low point so as to provide positive drainage to the exterior in the event of water intrusion. If the exterior grade is higher than the grade beneath the floor system, a positive drainage system or sump shall be installed subject to approval of the Building Official.
H. 
Moved Buildings. No permit for the moving of a building or structure shall be granted unless the applicant meets the following requirements:
1. 
A performance bond in favor of the City, of not less than $1,000.00 nor more than $100,000.00, as the Fire Marshal or Building Official may determine, shall be conditioned to require the applicant to comply strictly with all conditions and provisions of this chapter, and of any provision of the Mill Valley Municipal Code relating to the moving of buildings or structures, and of any order, rule or regulation which may be hereafter passed or adopted by the City Council. The applicant also shall be required to pay any and all damages to any fence, hedge, tree, pavement, sidewalk, street, curb, gas, sewer or water pipe, electric wire or pole supporting the same, or to any public or private property that may result from moving the building or structure.
2. 
The Director of Planning and Building and the Building Official shall inspect the structure prior to being moved to determine that said structure is suitable for the intended use and structurally adequate.
3. 
The applicant shall indemnify, defend and hold harmless the City and its elective officers, agents and employees against all liabilities, claims, actions, judgments, cost or any expense which may for any reason arise out of the issuance of said permit or moving of such buildings or structures. An undertaking may be required for this purpose.
I. 
Temporary Structures. Section 108.1.1 is added to CBC Chapter 1 and Section R107.1.1 is added to CRC Chapter 1, to read as follows:
108.1.1. Special Permit. Temporary structures such as sheds, construction trailers, canopies or fences used for the protection of the public and/or in conjunction with construction work may be erected by special permit from the Fire Marshal or Building Official for a limited period of time. Such buildings or structures need not comply with the type of construction or fire-resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
R107.1.1. Special Permit. Temporary structures such as sheds, construction trailers, canopies or fences used for the protection of the public and/or in conjunction with construction work may be erected by special permit from the Fire Marshal or Building Official for a limited period of time. Such buildings or structures need not comply with the type of construction or fire-resistive time periods required by this code. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.
J. 
Roof Assemblies—General. Section 1505.1 of Chapter 15 of the CBC is amended to read as follows:
1505.1 General. Roof assemblies shall be divided into classes A, B, and C. Class A, B, and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D2898. The minimum roof covering on the entire roof covering of every existing structure where more than 50 percent of the total roof area is altered, repaired, replaced, or remodeled within any one-year period and the entire roof covering of every new structure shall be a fire-retardant roof covering that is at least Class A.
K. 
Materials and Construction Methods for Exterior Wildfire Exposure. Sections 701A.1 and 701A.3 of Chapter 7A of the CBC, and Sections R337.1.1 and R337.1.3 of the CRC, are hereby amended to read as follows:
701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, additions, repairs, re-roofs, and exterior alterations located within a Wildland Urban Interface Fire Areas as defined in Section 702A.
701A.3 Application. New buildings, additions, repairs, re-roofs and exterior alterations to buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.
Exceptions:
1. 
Detached trellises, patios, carports, gazebos, and similar buildings open on all sides when located at least 10 feet from an applicable building.
2. 
Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.
3. 
Buildings of an accessory character classified as Group U occupancy of any size located at least 50 feet from an applicable building.
4. 
Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code, when located at least 50 feet from an applicable building.
For the purposes of this section and Section 710A, applicable building includes all buildings that have residential, commercial, educational, institutional, or similar occupancy type use.
R337.1.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, additions, repairs, re-roofs, and exterior alterations located within a Wildland Urban Interface Fire Areas as defined in Section R337.2.
R337.1.3 Application. New buildings, additions, repairs, re-roofs and exterior alterations to buildings located in any Fire Hazard Severity Zone or any Wildland-Urban Interface Fire Area designated by the enforcing agency constructed after the application date shall comply with the provisions of this chapter.
Exceptions:
1.
Detached trellises, patios, carports, gazebos, and similar buildings open on all sides when located at least 10 feet from an applicable building.
2.
Buildings of an accessory character classified as a Group U occupancy and not exceeding 120 square feet in floor area, when located at least 30 feet from an applicable building.
3.
Buildings of an accessory character classified as Group U occupancy of any size located at least 50 feet from an applicable building.
4.
Buildings classified as a Group U Agricultural Building, as defined in Section 202 of this code, when located at least 50 feet from an applicable building.
For the purposes of this section and Section 337.10, applicable building includes all buildings that have residential, commercial, educational, institutional, or similar occupancy type use.
L. 
Gates. Section 3110 of Chapter 31 of the 2022 California Building Code is hereby amended to read as follows:
3110 Gates
3110.1 General. Automatic vehicular gates shall comply with the requirements of Sections 3110.2 and 3110.3 and other applicable sections of this code. All other gates shall comply with Section 3110.4 and other applicable sections of this code.
3110.2 Vehicular Gates Intended for Automation. Vehicular gates intended for automation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.
3110.3 Vehicular Gate Openers. Vehicular gate openers, where provided, shall be listed in accordance with UL 325.
3110.4 All Other Gates. Any gate more than 48 inches (1,219 mm) in width or more than 84 inches (2,134 mm) in height shall meet the requirements of ASTM F1184, shall be installed per the manufacturer's recommendations, and shall be designed, constructed, and installed to meet all of the following:
1. 
Gate shall not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.
2. 
Gate shall be balanced and not move under the gate's own weight or by gravity.
3. 
Rolling wheels shall be covered.
4. 
Gate shall have positive stops.
(Ord. 1244, November 15, 2010; Ord. 1262 § 4, November 18, 2013; Ord. 1286 § 2, November 7, 2016; Ord. 1300 § 2, April 16, 2018; Ord. 1312 § 4, December 2, 2019; Ord. 1340 § 3, December 5, 2022; Ord. 1345 § 1, September 7, 2023)
Notwithstanding the provisions of Section 14.05.020 of this Code, the following sections of the 2022 California Energy Code, known as Part 6, Title 24 of the California Code of Regulations, are adopted and amended as set forth below.
A. 
Section 100.0 Scope, of Subchapter 1, All Occupancies – General Provisions, of the 2022 California Energy Code is hereby amended to add new section (i) as follows:
(i) 
Single-Family Building Remodel Energy Reach Code. In addition to all requirements of the California Energy Code applicable to Existing Single-Family Building additions and alterations, the energy efficiency and renewable energy measures specified in Section 150.0(w) shall be required for Covered Projects.
B. 
Section 100.1(b) Definitions, of Subchapter 1 of the 2022 California Energy Code is hereby amended by adding the following definition:
"Covered Project(s)" means additions or alterations, as described below, to a single-family residential building originally permitted for construction on or before December 31, 2010, which equal or exceed 500 square feet of interior conditioned space. Any addition or alteration to the same structure in the preceding 36 months shall be counted towards the 500 square feet threshold, except those additions or alterations made prior to the initial adoption of this ordinance. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings (subfloor and drywall), roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purpose of applying this definition.
This definition does not apply to project scopes that are solely limited to any of the following: the replacement and upgrading of residential roof coverings, exterior wall finishes and/or floor finishes; alterations that add no more than 75 square feet of fenestration; alterations that add no more than 16 square feet of skylight area with a maximum U-factor of 0.55 and a maximum SHGC of 0.30; or alterations that are limited to providing access for persons with disabilities. A Covered Project shall not include a project that is considered to be a newly constructed building under the California Energy Code, Title 24, Part 6. The final determination of whether a project meets the definition of a Covered Project shall be made by the Building Official or designee.
C. 
The first two paragraphs of Section 150.0 of Subchapter 7, Single-Family Residential Buildings – Mandatory Features And Devices, are hereby amended to read as follows:
Single-family residential buildings shall comply with the applicable requirements of Sections 150(a) through 150.0(v). In addition, Covered Projects shall comply with the applicable requirements of Section 150.0(w).
NOTE: The requirements of Sections 150.0(a) through 150.0(v) apply to newly constructed buildings. Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(v) also apply to additions or alterations, except that Covered Projects shall also be required to comply with Section 150.0(w).
D. 
Paragraph (w) is added to Section 150.0 as follows:
(w) A Covered Project shall install a set of measures based the "Energy and Electrification Measures" Menu in Table 1 to achieve a total Measure Point Score that is equal to or greater than the Target Score in Table 1. In addition, all mandatory measures listed in Table 1 shall be installed. Installed measures shall meet the specifications in Table 2, List of Measure Specifications.
Building vintage is the year in which the original construction permit for the building was submitted, as documented by building department records, or the permit issue date of an addition or alteration that satisfied the Performance Standards (California Energy Code, Title 24, Part 6, Section 150.1(b)) that were in effect at that time, whichever is later.
Exceptions to 150.0(w):
(i) 
Residential buildings originally permitted for construction on or after January 1, 2011.
(ii) 
If a project is limited solely to a newly created Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) as defined in Mill Valley Municipal Code Section 20.08.070(E) and (F), the project shall be exempt from complying with this Section. A newly created ADU and JADU shall include either additions or conversions of existing space. This exception DOES NOT apply to a Covered Project of an existing ADU or JADU.
(iii) 
If a project occurs in a Mobile Home, Manufactured Housing, or Factory-built Housing as defined in Division 13 of the California Health and Safety Code (commencing with Section 17000), the project shall be exempt from complying with this Section.
(iv) 
If, due to conditions specific to the project, it is technically or economically infeasible to achieve compliance, the Building Official may reduce the Target Score and/or waive some or all the mandatory requirements based on written documentation and evidence submitted at the time of building permit application.
(v) 
If the applicant demonstrates that the Energy Budget of the Proposed Building Design would be less than or equal to the Energy Budget of the building under the project if it included any set of measures that would achieve compliance under this Section, the project shall be exempt from complying with this Section.
(vi) 
If the applicant resides in the dwelling unit and demonstrates that they qualify for the California Alternative Rates for Energy (CARE), or Family Electric Rate Assistance (FERA) program, or if the applicant is the owner of the dwelling unit which is occupied by a dependent who demonstrates that they qualify for the California Alternative Rates for Energy (CARE), or Family Electric Rate Assistance (FERA) program is exempt from complying with Table 1 but must install the following measures, as further specified and defined in Table 2:
(a) 
E1: Lighting Measures; and
(b) 
E2: Water Heating Package.
Table 1. Energy and Electrification Menu of Measures, Climate Zone 3
Measures
Points
Description
Specification ID
(See Table 2)
Target Score = 6 Points
Mandatory Measures
Electric Readiness, Service Upgrade
ER1
Mandatory for certain scopes, see Table 2.
Electric Readiness, End Uses
ER2
Mandatory for certain scopes, see Table 2.
Lighting Measures
E1
Mandatory
Optional Measures (6 points required)
Water Heating Package
E2
1
Air Sealing
E3
1
Attic Insulation
E4
1
New Ducts + Duct Sealing
E6
2
Windows
E7
3
Wall Insulation
E8
5
Solar PV + Electric Ready Pre-Wire
PV1
12
Heat Pump Water Heater (HPWH),
Replacing Gas
FS1
12
High Efficiency HPWH,
Replacing Gas
FS2
13
Heat Pump Space Heater
FS5
10
High Efficiency Heat Pump Space Heater
FS6
11
Heat Pump Clothes Dryer
FS8
1
Induction Cooktop
FS9
1
The following also apply to Covered Projects under Table 1:
(a)
Unless otherwise specified, the requirements shall apply to the entire dwelling unit, not just the additional or altered portion.
(b)
Measures from the Measure Menu in Table 1 and specified in Table 2, that already exist in the home, may be counted towards compliance with these requirements, unless otherwise specified in Table 2.
(c)
Measures from the Measure Menu in Table 1 that are to be installed to satisfy requirements under the California Energy Code, Title 24, Part 6, may not be counted towards compliance with these requirements. Where these requirements conflict with other Energy Code requirements, the stricter requirements shall prevail.
Table 2. List of Measure Specifications
ID
Measure Specification
Energy (E) Measures
E1
Lighting Measures: Mandatory measure. Replace all interior and exterior screw-in incandescent, halogen, and compact fluorescent lamps with LED lamps. Install photocell controls on all exterior lighting luminaires.
E2
Water Heating Package: Water Heating Package: Insulate all accessible hot water pipes with pipe insulation a minimum of 3/4 inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
•
Exception 1: Water heater blanket is not required on water heaters less than 20 gallons.
•
Exception 2: Water heater blanket not required if application of a water heater blanket voids the warranty on the water heater.
•
Exception 3: Upgraded fixtures are not required if existing fixtures have rated or measured flow rates of no more than ten percent greater than 2022 California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.
•
Exception 4: Water heaters with factory installed insulation of R-24 or greater.
E3
Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present.
Verification shall be conducted following a prescriptive checklist that outlines which building aspects need to be addressed by the permit applicant and verified by an inspector. Compliance can also be demonstrated with blower door testing conducted by a certified HERS Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed ten for Pre-1978 vintage buildings, seven for 1978 to 1991 vintage buildings and five for 1992-2010 vintage buildings. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a professional certified by the Building Performance Institute in accordance with the ANSI/BPI-1200-S-2017 Standard Practice for Basic Analysis of Buildings, the Whole House Combustion Appliance Safety Test Procedure for the Comfortable Home Rebates Program 2020 or the California Community Services and Development Combustion Appliance Safety Testing Protocol.
E4
Attic Insulation: Attic insulation shall be installed to achieve a weighted assembly U-factor of 0.025 or insulation installed at the ceiling level shall have a thermal resistance of R-38 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling. Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the cover.
• Exception: In buildings where existing R-30 is present and existing recessed downlight luminaires are not rated for insulation contact, insulation is not required to be installed over the luminaires.
E5
Duct Sealing: Air seal all space conditioning ductwork to meet the requirements of Section 150.2(b)1E. The duct system must be tested by a HERS Rater no more than three years prior to the Covered Project permit application date to verify the duct sealing and confirm that the requirements have been met. This measure may not be combined with the New Ducts and Duct Sealing measure in this Table.
• Exception: Buildings without ductwork or where the ducts are in conditioned space.
E6
New Ducts + Duct Sealing: Replace existing space conditioning ductwork with new R-6 ducts that meet the requirements of Section 150.0(m)11. This measure may not be combined with the Duct Sealing measure in this Table. To qualify, a preexisting measure must have been installed no more than three years before the Covered Project permit application date.
E7
Windows: Replace at least 50% of existing windows with high performance windows with an area-weighted average U-factor no greater than 0.30.
E8
Wall Insulation: Install wall insulation in all exterior walls to achieve a weighted U-factor of 0.102 or install wall insulation in all exterior wall cavities that shall result in an installed thermal resistance of R-13 or greater for the insulation alone.
Fuel Substitution (FS) Measures
FS1
Heat Pump Water Heater (HPWH) Replacing Gas: Replace all existing electric resistance and natural gas storage water heaters with heat pump water heaters.
FS2
High Efficiency Heat Pump Water Heater (HPWH) Replacing Gas: Replace all existing natural gas water heaters with heat pump water heaters with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating.
FS3
Heat Pump Water Heater (HPWH) Replacing Electric: Replace existing electric resistance water heater with a heat pump water heater.
Vs.
High Efficiency Heat Pump Water Heater (HPWH) Replacing Electric: Replace existing electric resistance water heater with heat pump water heater with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating.
FS5
Heat Pump Space Heater: Replace all existing gas and electric resistance primary space heating systems with an electric-only heat pump system.
FS6
High Efficiency Heat Pump Space Heater: Replace all existing gas and electric resistance primary space heating systems with one of the following: A. A ducted electric-only heat pump system with a SEER2 rating of 16.5 or greater, an EER2 rating of 12.48 or greater and an HSPF2 rating of 9.5 or greater; or B. A ductless mini-split heat pump system with a SEER2 rating of 14.3 or greater, an EER2 rating of 11.7 or greater and an HSPF2 rating of 7.5 or greater.
FS8
Heat Pump Clothes Dryer: Replace all existing gas and electric resistance clothes dryers with heat pump dryers with no resistance element and cap the gas lines.
FS9
Induction Cooktop: Replace all existing gas and electric resistance stove tops with inductive stove tops and cap the gas lines.
Solar Photovoltaics (PV) and Electric-Readiness (ER) Measures
PV1
Solar PV+ Electric Ready Pre-Wire:
Installation of New Solar PV Systems: Install a new solar PV system that meets the requirements of Section 150.1(c)(14). In addition, upgrade the panelboard to meet the requirements of ER1 and install any two of the other measures from ER2.A - ER2.F.
Existing PV Systems: If the home already has an existing solar PV system that meets the requirements of Section 150.1(c)(14), to claim credit for this measure, PV1, upgrade the panelboard to meet the requirements of ER1 and install any two
of the other measures from ER2.A - ER2.F.
ER1
Electric Readiness - Service Upgrade: Mandatory measure for scopes of work identified below. Upgrade the panelboard serving the individual dwelling unit to provide circuit breaker spaces for a heat pump water heater, heat pump space heater, electric cooktop and electric clothes dryer with the capacities specified in Section 150.0 (n), (t), (u) and (v); or, provide electrical load calculations and appliance specifications for serving all of these end-uses with a minimum 100-amp panel.
ER2
Electric Readiness Measures - End Uses: Mandatory measure for scopes of work identified below.
For any covered project, if the service panel is being upgraded or to claim the Solar PV + Electric Ready Pre-Wire credit, satisfy any two of the electric-readiness measures below.
•
If the kitchen is being remodeled, make the range electric ready as specified in ER2, Item C below and upgrade the panelboard as specified under ER1.
•
If the laundry room is being remodeled, make the dryer electric ready as specified in Item D below and upgrade the panelboard as specified under ER1.
Meet the requirements below, that otherwise apply to newly constructed buildings:
A.
Heat Pump Water Heater Ready, as specified in Section 150.0(n)1.
B.
Heat Pump Space Heater Ready, as specified in Section 150.0(t).
C.
Electric Cooktop Ready, as specified in Section 150.0(u).
D.
Electric Clothes Dryer Ready, as specified in Section 150.0(v).
E.
Energy Storage Systems (ESS) Ready, as specified in Section 150.0(s).
F.
EV Charger Ready. Install a dedicated 208/240-volt branch circuit as specified in the California Green Building Code, Title 24, Part 11, Section A4.106.8.1, which otherwise applies to new construction.
Exception: If an electrical permit is not otherwise required for the project other than compliance with the laundry room and kitchen remodel requirements of this Item, ER2.
(Ord. 1360, 8/18/2025)
Except as hereinafter provided, Title 24, Part 3 of the California Code of Regulations, known as the 2022 California Electrical Code (CEC), incorporating the 2021 edition of the National Electrical Code, published by the National Fire Protection Association, and the annexes thereof, is hereby adopted by reference and incorporated as though fully set forth in this section. This code shall constitute the Electrical Code of the City of Mill Valley, and may be cited as such.
CEC Section 89.108.8, inclusive of Sections 89.108.8.1 through 89.108.8.3, is hereby deleted and replaced as follows:
All references to a "Board of Appeals" or "board" shall be deemed for purposes of the Electrical Code of the City of Mill Valley to be references to the City Council of Mill Valley. Appeals of the Electrical Code of the City of Mill Valley shall be consistent with the same processes found in 14.05.030 of the Mill Valley Municipal Code.
(Ord. 1286 § 2, November 7, 2016; Ord. 1312 § 5, December 2, 2019; Ord. 1340 § 4, December 5, 2022)
Except as hereinafter provided, Title 24, Part 4 of the California Code of Regulations, known as the 2022 California Mechanical Code (CMC), incorporating the 2021 edition of the Uniform Mechanical Code including the appendix thereof, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference and incorporated as though fully set forth in this section. This code shall constitute the Mechanical Code of the City of Mill Valley, and may be cited as such.
CMC Section 107.0, inclusive of Sections 107.1 and 107.2, is hereby deleted and replaced as follows:
All references to a "Board of Appeals" or "board" shall be deemed for purposes of the Mechanical Code of the City of Mill Valley to be references to the City Council of Mill Valley. Appeals of the Mechanical Code of the City of Mill Valley shall be consistent with the same processes found in 14.05.030 of the Mill Valley Municipal Code.
(Ord. 1286 § 2, November 7, 2016; Ord. 1312 § 6, December 2, 2019; Ord. 1340 § 5, December 5, 2022)
Except as hereinafter provided, Title 24, Part 5 of the California Code of Regulations, known as the 2022 California Plumbing Code (CPC), incorporating the 2021 edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, and the appendices thereof, is here-by adopted by reference and incorporated as though fully set forth in this section. This code shall constitute the Plumbing Code of the City of Mill Valley, and may be cited as such.
CPC Section 107.0, inclusive of Sections 107.1 and 107.2, is hereby deleted and replaced as follows:
All references to a "Board of Appeals" or "board" shall be deemed for purposes of the Plumbing Code of the City of Mill Valley to be references to the City Council of Mill Valley. Appeals of the Plumbing Code of the City of Mill Valley shall be consistent with the same processes found in 14.05.030 of the Mill Valley Municipal Code.
(Ord. 1286 § 2, November 7, 2016; Ord. 1312 § 7, December 2, 2019; Ord. 1340 § 6, December 5, 2022)
The 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings, published by the International Conference of Building Officials, is hereby adopted by reference, with those modifications set forth below, as the Dangerous Buildings Code of the City of Mill Valley. This Code constitutes an alternative to the procedures set forth in Chapter 8.04 for the abatement of nuisances that constitute immediate dangers to persons or property.
A. 
Section 202 of the Uniform Code for the Abatement of Dangerous Buildings is modified to read:
"All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by vacation, repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Section 401 of this code, as modified."
B. 
Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is deleted. All references in the Uniform Code for the Abatement of Dangerous Buildings to a "Board of Appeals" or a "board" shall be deemed for purposes of the Dangerous Buildings Code of the City of Mill Valley to be references to the City Council of the City of Mill Valley.
C. 
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is modified to read:
"For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING CODE is the Building Code of the City of Mill Valley.
DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code, as modified.
HOUSING CODE is the Housing Code of the City of Mill Valley."
D. 
The first paragraph of Section 302 of the Uniform Code for the Abatement of Dangerous Buildings is modified to read:
"For the purpose of this code, any building or structure governed by the State Housing Law which is substandard under Health and Safety Code Section 17920.3 shall be deemed to be a dangerous building, provided that such substandard conditions are so extensive and are of such a nature that the health or safety of residents or the public is endangered. Any building or structure not governed by the State Housing Law shall be deemed to be a dangerous building if the conditions or defects hereinafter described exist, and if those conditions are so extensive and are of such a nature that the health or safety of residents or the public is endangered."
The remainder of Section 302 of the Uniform Code for the Abatement of Dangerous Buildings is retained without change.
E. 
Paragraph 401.2 of the Uniform Code for the Abatement of Dangerous Buildings is modified to read:
"The Building Official shall issue a notice and order directed to all Responsible Person(s). The notice and order shall contain:"
F. 
Paragraph 401.2(5) of the Uniform Code for the Abatement of Dangerous Buildings is modified to read:
"5. Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order or from any action of the Building Official to the City Council, provided the appeal is made in writing as provided in this code and filed with the City Clerk within 10 days of the date of service of such notice and order or of such action; and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter."
G. 
Paragraph 401.2(6) is added to the Uniform Code for the Abatement of Dangerous Buildings to read: "6. The name, address, and telephone number of the Building Official of the City of Mill Valley."
H. 
Paragraph 401.2(7) is added to the Uniform Code for the Abatement of Dangerous Buildings to read:
"7. If the building is a residential building, at least some of the occupants of which are tenants, statements advising that under Civil Code Section 1942.5, a lessor cannot retaliate against a lessee for reporting building hazards."
I. 
Paragraph 401.2(8) is added to the Uniform Code for the Abatement of Dangerous Buildings to read:
"8. A statement advising whether or not the City has elected to demand recovery of any attorneys' fees it incurs in demanding or enforcing correction of the dangerous condition(s)."
J. 
Paragraphs 401.3, 401.4, and 401.5 of the Uniform Code for the Abatement of Dangerous Buildings are deleted. Service of notices required by this section is governed by Section 8.33.080, below.
K. 
Section 501 of the Uniform Code for the Abatement of Dangerous Buildings is modified to read:
"501.1 Form of Appeal. Any person entitled to service of a notice and order under the Dangerous Buildings Code of the City of Mill Valley may appeal from that notice and order or from any action of the Building Official under this Code by filing a written appeal with the City Clerk. The appeal shall set forth briefly the appellant's interest in the matter, the specific order or action appealed, the reasons for appeal, and the appellant's mailing address. The appeal must set forth the date of service of such notice and order or of such action, and must be filed within 10 days of that date.
501.2 Processing of Appeal. Upon receipt of any appeal filed in accordance with Section 501.1 of the Dangerous Buildings Code of the City of Mill Valley, the City Clerk shall notify the Building Official and shall set the matter for hearing before the City Council.
501.3 Scheduling and Noticing Appeal for Hearing. Such hearing date shall be as soon as practicable, but shall not be less than 10 days after the date the appeal was filed with the City Clerk. The City Clerk shall give written notice of the time and place of the hearing to each appellant at least 10 days before the hearing date."
L. 
Chapter 6 of the Uniform Code for the Abatement of Dangerous Buildings is deleted. At the time fixed in the notice of hearing on the appeal, the Council shall proceed to hear the evidence relating to the Building Official's notice, order, or action respecting the allegedly dangerous building. The Council may continue the hearing from time to time. If any appellant fails to appear at the time fixed for the hearing, or at any time to which the hearing may be continued, such failure to appear shall not deprive the Council of its jurisdiction to hear the matter. At the conclusion of the hearing, the City Council may adopt a resolution declaring the building dangerous and directing any Responsible Persons to whom the Building Official has addressed a notice and order to correct the dangerous condition within a reasonable period. In determining the period for correction, the City Council may consider, among other factors, the imminence of the danger involved. In its resolution, the City Council may direct that any officer or employee of the City of Mill Valley shall correct the dangerous condition in the event that the Responsible Person fails to abate it within the period prescribed by the Council. The City shall serve this resolution in accordance with Section 8.33.080.
M. 
Any person aggrieved by the City Council's declaration of a public nuisance after a hearing under this section must bring an action to contest the validity of any proceedings leading up to and including the adoption of the resolution in a court of competent jurisdiction within 30 days after the date of service of the Council resolution declaring such nuisance.
N. 
After the expiration of the period identified in the Council resolution for abatement of the nuisance, the City has jurisdiction to abate the nuisance in the manner ordered in the resolution.
O. 
Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings is deleted.
(Ord. 1261 § 8, November 4, 2013)
There is hereby established in Mill Valley, a code enforcement agency, which shall be under the administrative and operational control of the Building Official.
A. 
General. The Building Official is hereby authorized and directed to enforce all the provisions of the Codes specified in this Chapter 14.05. For such purposes, he or she shall have the powers of a law enforcement officer.
B. 
Deputies. In accordance with prescribed procedures and with the approval of the City Council, the Building Official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. He or she may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforcement agency.
C. 
Assistance of Other Officials. The Building Official may request and shall receive the assistance and cooperation of other officials of the City so far as is required in the discharge of the duties required by this Code or other pertinent law or ordinance.
D. 
Right of Entry. When it is necessary to make an inspection to enforce the provisions of any Code specified in this Chapter 14.05, or when the Building Official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this Code which makes the building or premises unsafe, hazardous, or dangerous, the Building Official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied and unsecured, the Building Official shall first make a reasonable effort to locate the property owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.
E. 
Interpretations. The Building Official shall have the power to render interpretations of this Code and to adopt and enforce rules and regulations supplemental to this Code as may be deemed necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall conform to the intent and purpose of this Code.
F. 
Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Code, the Building Official may grant modifications for individual cases. The Building Official shall first find that a special individual reason makes the strict letter of this Code impractical and the modification does not lessen health life and fire safety requirements. The details of actions granting modifications shall be recorded and entered in the files of the Building Division.
G. 
Board of Appeals. In order to determine the suitability of alternate materials and methods of installation and to provide for reasonable interpretations of the Codes specified in this Chapter 14.05, there is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to design, construction, installation and maintenance of building, electrical, plumbing, and mechanical systems, equipment, and techniques. The Building Official shall be an ex officio member and shall act as secretary to the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations to conduct its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code, nor shall the Board be empowered to waive requirements of this Code.
H. 
Liability. The Building Official charged with the enforcement of this Chapter 14.05, acting in good faith and without malice in the discharge of the duties required by this chapter, shall not be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. This Chapter 14.05 shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or the City be held as assuming any such liability by reason of the inspections authorized by this chapter or any permits or certificates issued under this chapter.
(Ord. 1244, November 15, 2010; Ord. 1261 § 8, November 4, 2013)
To obtain a permit required for any work governed by any of the Codes specified in this Chapter 14.05, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose.
A. 
Required Information. Every such application shall:
1. 
Identify and describe the work to be covered by the permit for which application is made;
2. 
Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work;
3. 
Indicate the use or occupancy for which the proposed work is intended;
4. 
Be accompanied by plans, diagrams, calculations, computations and specifications and other data as required in this section;
5. 
State the valuation of any new building or structure or any addition, remodeling, or alteration to an existing building;
6. 
Be signed by the applicant or an authorized agent of the applicant;
7. 
Include conditions of compliance for the abatement of violations of this Code and other codes requiring permits for corrective work and such other data and information as may be required by the Building Official;
8. 
Contain the information required by California Health and Safety Code Division 13, Part 3, Chapter 9, Section 19825;
9. 
In addition to the information required by California Health and Safety Code Division 13, Part 3, Chapter 9, Section 19825 for architects and engineers, every permit shall contain the telephone numbers for any such persons, firms or designers responsible for the work proposed under the permit or application.
B. 
Plans and Specifications.
1. 
Plans, calculations, computations, diagrams, specifications, and other data shall be submitted in two or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the Building Official may require any applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by an architect or engineer. The Building Official may reject any plans deemed to be insufficient in detail or clarity and require that such plans be prepared by a competent designer/draftsperson, or by an engineer or architect licensed by the state to practice as such, when required by state law.
The Building Official may waive the submission of plans, calculations, computations, specifications, diagrams, or other data if it is found that the nature of the work applied for is such that plan review is not necessary to obtain compliance with this Chapter 14.05.
2. 
Plans, diagrams, specifications, calculations, computations, reports, and other data submitted with the permit application for review shall detail clearly the nature, location, and extent of the work proposed and how it will conform to the provisions of this chapter and all other relevant laws, ordinances, rules and regulations. All data and documents submitted for review shall identify the house number and street name of the work and the names and addresses of the property owner and person or firm who prepared them. Any conditions of approval pursuant to any other provision of the Mill Valley Municipal Code shall be shown on the plans or otherwise submitted with the permit application.
3. 
Unless otherwise approved by the Building Official, plans shall be drawn to a minimum scale of one-fourth inch to one foot upon substantial paper or polyester based film (Mylar) and shall include a floor plan and a plot plan containing the following information as a minimum:
a. 
Location and perimeter dimensions of the proposed and existing buildings or additions and other pertinent structures, including orthogonal measurements from property lines and between structures and elevations of finished grade, floors, and slabs;
b. 
Proposed and existing site improvements, including drainage facilities, utilities, public and private easements, grading, and paving;
c. 
Proposed and existing off-street parking and loading facilities, including parking stall size, angle of parking aisle width, interior circulation, and driveway elevations and proposed gradients;
d. 
Location and perimeter dimensions of ground level usable open space as required by the Mill Valley Municipal Code;
e. 
Location and size of existing and proposed trees and other landscaping and screening as required by city tree ordinances and regulations and other land use provisions;
f. 
Addresses of contiguous properties;
g. 
Locations, types, and dimensions of foundations, framing, windows, doors, finishes, adjoining rooms and uses, fire assemblies and dampers, fixtures, appliances, equipment, and distribution systems to the extent necessary for verification of compliance with all applicable regulations.
4. 
In lieu of detailed specifications, the Building Official may approve references on the plans to a specific section or part of any Code specified in this Chapter 14.05 or other laws, ordinances, rules, or regulations.
5. 
Calculations, testing reports and certifications, computations, conditions of approval, conditions of compliance and other data sufficient to demonstrate the correctness of the plans shall be submitted with the permit application and when otherwise required by the Building Official.
6. 
Plans for buildings of other than Group R-3 and U occupancies shall detail clearly how required structural and fire-resistive integrity will be maintained where penetrations are made for electrical, mechanical, plumbing, fire extinguishing, or communications conduits, pipes, ducts, vents, supports and similar components or systems.
C. 
Applications to Expire After 180 Days. Application 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 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. 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.
D. 
Review and Approval. The application, plans, diagrams, calculations, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official. Such data may be reviewed by other departments of this and other jurisdictions to verify compliance with applicable laws under their jurisdiction. When the Building Official finds that the work described in an application for a permit and the plans, diagrams, computations, calculations, specifications and other data filed therewith conform to the requirements of this Code and other pertinent laws, ordinances and conditions of compliance for the abatement of violations of this Code and other codes and ordinances and that the fees, charges, costs and assessments specified by law, as well as all penalties, have been paid, the Building Official shall issue a permit therefor to the applicant.
When issuing a permit where plans are required, the Building Official shall endorse in writing or stamp the plans "APPROVED." Such approved plans shall not be changed, modified or altered without authorization from the Building Official, and all work regulated by this Chapter 14.05 shall be done in accordance with the approved plans.
The Building Official may issue a permit for the construction of a part of a building or system before the entire plans and specifications for the whole building or system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the Codes specified in this chapter. The holder of a partial permit may proceed without assurance that the permit for the entire building, structure or system will be granted.
E. 
Disposition of Plans. One set of approved plans, diagrams, calculations, specifications and computations shall be retained by the Building Official until final approval of the work covered therein. One set of approved plans and specifications shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
F. 
Permits Not to Authorize Otherwise Unlawful Work. The issuance of a permit or approval of plans, calculations, specifications, diagrams, and computations shall not be construed to be a permit for, or an approval of any violation of any of the provisions of this chapter or of other ordinances, rules, or regulations of the City. Permits presuming to give authority to violate or cancel the provisions of this chapter or of other ordinances, rules, or regulations of the City shall not be valid. The issuance of a permit based upon plans, calculations, specifications, computations and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, calculations, computations, specifications, and other data or from preventing building operations being carried on thereunder when in violation of any law or regulation of the City of Mill Valley.
G. 
Commencement of Work—Permit Expiration.
1. 
Except for those construction projects where the Building Official, due to the nature of the project, deems these limitations to be unreasonable, every permit issued by the Building Official, under the provisions of this chapter, shall expire by limitation and become null and void if the building or work authorized by such permit is not physically commenced within 180 days following the issuance date of such permit.
2. 
Following expiration of a permit under subsection (G)(1) and before work can commence, the original permit may be extended for one 180-day period provided: (a) no changes have been made or will be made in the original plans and specifications for such work; and (b) that such delay has not exceeded one year from the date of original issuance of the permit. The fee for such extension shall be one-half the amount required for a new permit for such work. In all other cases, in order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
3. 
A permittee holding an unexpired permit may apply for an extension of the time to commence work. The Building Official may extend the time to commence work for a period not exceeding 180 days from the date that the permit otherwise would expire upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented construction from commencing.
H. 
Construction Time Limit Required.
1. 
As part of any application for design review, the applicant shall file a reasonable estimate of the cost of the proposed construction, and based thereon, a construction time limit shall be established for the project in accordance with subsection I. Compliance with such time limit shall become a condition of design review approval. The time for completion of the construction shall also be indicated on the building permit.
2. 
For projects exceeding $100,000 in value, a detailed Program Evaluation Review Technique (PERT) chart or GANTT chart, which provides detailed information on the critical path of the project, shall be required prior to the issuance of any building permit. Once approved, the property owner shall provide the Building Official with written monthly job progress reports consistent with the approved PERT or GANTT chart.
I. 
Time Limit Established.
1. 
Unless an extension is approved, the maximum time for completion of approved alterations, additions, modifications, repairs, or new construction, following issuance of the building permit, shall not exceed the following:
Construction Time Limits Based Upon Demonstrable Estimated Project Value
Project Valuation
Total Time Allowed
Up to and including $10,000
6 Months
$10,000 to $50,000
9 Months
$50,000 to $100,000
12 Months
$100,000 to $1,000,000
18 Months
$1,000,000 to $5,000,000
24 Months
Over $5,000,000
36 Months
2. 
Request for Extension of Construction Time Limit. An applicant may request an extension of the construction time limit either: (a) as part of the application for design review; or (b) at any other time prior to the expiration of the existing time limit. The application for an extension shall be accompanied by complete working drawings for the construction, a written explanation of the reasons for the requested extension, and the payment of a fee, as established by City Council resolution.
3. 
Grant or Denial of Extension. An extension may be granted if it is determined that any one or more of the following factors not caused by the applicant present an unusual and unanticipated obstacle to complying with the required construction time limit:
a. 
Site topography;
b. 
Site access;
c. 
Geologic issues;
d. 
Neighborhood considerations;
e. 
Other unusual factors.
The Planning Commission shall make the decision to grant or deny the extension. Notwithstanding the foregoing, if design review has already been approved and the request for extension is based on site access or geologic issues, the Director of Planning and Building shall make the decision of whether to approve or deny the extension of the construction time limit, provided that such extension does not exceed 18 months. The Director may request a meeting with the applicant, the project contractor, project architect, or any other representatives of the applicant, and shall render his or her determination within 10 days of the filing of the extension application (unless such deadline is waived by the applicant).
Any extension of the construction time limit shall not extend the existing expiration date of the design review approval. The decision of the Director of Planning and Building may be appealed to the Planning Commission in writing within 10 days of the Director's decision. The decision of the Planning Commission to grant or deny the requested extension may be appealed in writing to the City Council within 10 days of the Commission's decision.
J. 
Failure to Comply With Timeline—Penalties.
1. 
In the event that construction is not completed by the established time limit, the Building Official shall issue a compliance order to the owner of the property. The compliance order shall notify the property owner that construction must be completed within 30 days of the established time limit in order to avoid penalties, and shall notify the property owner of the rates at which penalties will apply if construction is not completed.
2. 
Upon failure of a property owner to complete construction by the time limits established in this chapter, the following penalties shall apply:
a. 
For the first 30 days that the project remains incomplete, there shall be no penalty;
b. 
For the next 60 days that the project remains incomplete (i.e., the 31st through 90th day), the City shall impose a penalty of $400.00 per day;
c. 
For the next 60 days that the project remains incomplete (i.e., the 91st through the 150th day), the City shall impose a penalty of $600.00 per day; and
d. 
For any additional days during which the project remains incomplete (i.e., the 151st and subsequent days), the City shall impose a penalty of $800.00 per day, up to an overall maximum penalty of the lesser of 10% of the project valuation or $200,000.00. If necessary, the City may require that the project valuation be determined by an independent third party selected by the City at the cost of the property owner.
3. 
Construction shall be deemed completed for purposes of this section upon the satisfactory performance of all construction work, including, but not limited to, compliance with all conditions of application approval and the clearing and cleaning of all construction-related materials and debris from the site, and the final inspection and written approval of the applicable work by the Building Official.
4. 
Notice of Final Penalty. Once construction has been deemed complete or the penalty maximum has been reached, the property owner shall be notified in writing of the final amount of any penalty imposed pursuant to this section. Notice of the final penalty shall be given by personal service or by first class mail to the property owner at his or her last known address as it appears on the public records related to title or ownership of the property. Service by first class mail in the manner described above shall be effective on the date of mailing. All penalties shall be paid by the property owner within 30 days of service of notice of the final amount of the penalty.
5. 
Collection; Interest. Unpaid penalties shall be a debt to the City and subject to all remedies for debt collection as allowed by law. The City shall be entitled to interest at the legal rate beginning from 30 days after the notice of final penalty or the date the order becomes final, whichever date is later.
6. 
Appeal. The property owner may appeal the final penalty imposed by filing an appeal in writing with the City Clerk no later than 10 calendar days from the date of service of the notice of final penalty, along with payment of an appeal fee as established by City Council resolution. Within 45 days of receipt of the notice of appeal, the City Council shall hold a public hearing and shall affirm or modify the penalty. The Council shall consider, based on the evidence presented, whether the property owner was unable to comply with the construction time limit for reasons beyond the control of the property owner and/or his or her representatives. For purposes of this section, "reasons beyond the control" shall include, but not be limited to: administrative appeals of the project filed by third parties; delays required by the unforeseen discovery of archeological remains on the building site; labor stoppages; acts of war or terrorism; and natural disasters. However, "reasons beyond the control" shall not include: delays caused by the winter rainy season; failure of the applicant and/or his or her representatives to adequately protect the job site from damage due to the normal winter rainy season; failure of subcontractors to complete their work according to schedule; the use of custom and/or imported materials; the use of highly specialized subcontractors; significant, numerous, and/or late design changes; or by failure of materials suppliers to provide materials in a timely manner.
K. 
Suspension or Revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Chapter 14.05 whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Chapter 14.05.
L. 
Investigation. Whenever any work for which a permit is required by this Code has commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be established and assessed in accordance with Section 14.05.060. 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.
(Ord. 1187 § 4, March 17, 2003; Ord. 1244, November 15, 2010; Ord. 1267 § 1, December 1, 2014)
The Building Official may confirm compliance with the codes specified in this Chapter 14.05 by means of inspections and testing.
A. 
Inspections. Equipment, buildings, and systems for which permits are required by this Chapter 14.05 shall be subject to inspection by the Building Official, at such times and in such manner as may be set forth more fully in each Code specified in this Chapter 14.05. Such equipment, buildings, and systems shall remain accessible and exposed for inspection purposes until approved by the Building Official.
It shall be the duty of the permit applicant to cause the equipment, building, and systems to remain accessible and exposed for inspection purposes. Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to permit inspection. When the installation of equipment or systems, or the construction of a building, is complete, an additional and final inspection shall be made.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this Code or of other ordinances, rules, or regulations of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this Code or of other ordinances of the jurisdiction shall not be valid.
It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. It shall be the duty of the person requesting inspections required by this Code to provide access to and means for inspection of such work.
A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is requested is not complete or when required corrections have not been made. Reinspection fees may be assessed when 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 plan deviations requiring the approval of the Building Official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
B. 
Tests. Whenever there is insufficient evidence of compliance with the provisions of any Code specified in this Chapter 14.05, or evidence that a material or method does not conform to the requirements of such Code or in order to substantiate claims for alternate materials or methods, the Building Official may require tests as evidence of compliance to be made at no expense to the jurisdiction.
Test methods shall be as specified in the Codes specified in this Chapter 14.05 or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall specify the testing procedures.
All tests shall be performed by an approved agency. Reports of tests shall be retained by the Building Official for the period required for retention of public records.
(Ord. 1187 § 4, March 17, 2003)
The Building Official may prevent violations of the Codes specified in this Chapter 14.05.
A. 
Stop Orders. When any work is being done contrary to the provisions of any Code specified in this Chapter 14.05, or other pertinent laws or ordinances implemented through the enforcement of any of these Codes, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done and such persons shall forthwith stop work until authorized by the Building Official to proceed with the work.
B. 
Occupancy Violations. Whenever any building or structure or equipment therein regulated by any of the Codes specified in this Chapter 14.05 is being used contrary to the provisions of these Codes, the Building Official may order such use discontinued and the structure, or portion thereof, vacated if necessary by 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 these Codes.
(Ord. 1187 § 4, March 17, 2003)
Violations of the Building and Construction Code of the City of Mill Valley are declared to be a public nuisance, which may be abated pursuant to Chapter 8.04 of the City of Mill Valley Municipal Code, and which may be punished as a misdemeanor or infraction as provided in Chapter 8.03, and/or subject to administrative citation, administrative fine and/or civil penalties pursuant to Chapter 8.02 of the City of Mill Valley Municipal Code. For the purposes of enforcing the Mill Valley Building Code, the designated code enforcement officer shall be the Mill Valley Building Official as provided by Section 14.05.030 of the City of Mill Valley Municipal Code.
(Ord. 1262 § 6, November 18, 2013)
A. 
General. Fees for plan review, permit issuance, inspections, reinspections, and investigations required by this Chapter 14.05 shall be assessed in accordance with the fee schedule established from time to time by resolution of the Mill Valley City Council.
B. 
Value. The determination of value or valuation under any of the provisions of this chapter shall be made by the Building Official. The value to be used in computing permit and plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.
C. 
Plan Review Fees. When submittal documents are required by Section 14.05.032, a plan review fee shall be paid at the time of submitting the documents for plan review. The plan review fees specified in this subsection are separate fees, payable in addition to any permit issuance fees.
D. 
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% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 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.
(Ord. 1187 § 6, March 17, 2003)
Wherever reference to City or town is made in the Codes specified in Section 14.05.020, such reference shall be interpreted as applying to the City of Mill Valley, and wherever reference is made therein to the state, the reference shall be deemed to be the State of California.
(Ord. 1140 § 5, December 4, 1995; Ord. 1187 § 6, March 17, 2003)