There is adopted and incorporated by reference herein as the
city building code for the purpose of prescribing regulations in the
city of Lemon Grove for the erection, construction, enlargement, alteration,
repair, moving, removal, conversion, demolition, occupancy, equipment,
use, height, area, and maintenance of buildings and structures, the
2022
California Building Code. Except as otherwise provided by this
chapter of the city of Lemon Grove Municipal Code, all erection, construction,
enlargement, alteration, repair, moving, removal, conversion, demolition,
occupancy, equipment, use, height, area and maintenance of buildings
and structures within the city of Lemon Grove shall be in conformance
with the 2022
California Building Code.
(Ord. 462 § 3, 2022)
The city of Lemon Grove has large brush-covered hillsides. The
city is subject to frequent Santa Ana conditions consisting of dry
gusting winds, which create extreme fire dangers. The city council
specifically finds that these geographic and topographic conditions
necessitate greater fire protection than that provided by the State
Building Code. Therefore, this chapter alters the 2022 California
Building Code to require more fire retardant roof coverings.
(Ord. 462 § 3, 2022)
Section 101.1 is replaced to read:
Title. These regulations shall be known as the Building Code
of the City of Lemon Grove, hereinafter referred to as "this code."
Add Section 103.1.1 General.
Whenever the terms or the title "administrative authority,"
"responsible official," "Building Official," "chief inspector," "code
enforcement officer" or other similar designation is used herein or
in any of the technical codes, it shall be construed to mean the person
appointed as Building Official by the Lemon Grove City Council or
his or her duly authorized representative.
Add Section 105.3.1.1.
Permits shall not be issued for construction on a site where
the City Engineer determines that a grading permit or public improvements
are required until the City Engineer notifies the Building Official
that the grading or public improvements work has been satisfactorily
completed to allow building permits to be issued. Permits shall not
be issued if the City Engineer determines that a flooding or geologic
condition at the site may endanger the public safety or welfare.
Add Section 105.3.3 Permit denial.
The chief building official may deny the issuance of a building
permit on any property where there exists an unsafe or substandard
building as provided in this title, or where unlawful construction
exists, or where exists a significant violation of this code.
Add Section 105.5.1 Expiration of Plan Review.
Applications for which no permit is issued within one year 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. In order to renew
action on an application after expiration, the applicant shall resubmit
plans and pay a new plan review fee.
Add Section 109.1.1 Fee Exceptions.
The Government of the United States of America, the State of
California, and local school districts proposing work exempt from
building permits, the County of San Diego, and the City of Lemon Grove
shall not be required to pay any fees for filing an application for
a building permit pursuant to this code unless City plan review and
inspection services are requested. If so requested, the fee schedules
adopted in a resolution by the City Council shall apply.
Add Section 109.2.1 Plan Review Fees.
When submittal documents are required by Section 107, a plan
review fee shall be paid at the time of submitting the submittal documents
for plan review. Said plan review fee shall be as shown in a resolution
adopted by the City Council. 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 107.3.4.1, an additional plan
review fee shall be charged at the rate shown in a resolution duly
adopted by the City Council.
Add Section 109.2.2 Demolition Permit Fee.
The fee for a permit to demolish a building or portion of a
building shall be as set forth in a resolution duly adopted by the
City Council.
Section 109.3 is replaced to read:
Building Permit Valuations. The determination of value or valuation
under any of the provisions of these codes shall be made by the building
official. The value to be used in computing the building permit and
building 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 other permanent equipment. The permit
fees for those projects subject to State energy code compliance shall
be as set forth in a resolution adopted by the City Council.
Section 109.6 is replaced to read:
Fee Refunds. The building official may authorize refunding of
a fee paid or portion of a 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 examination time has been expended.
The building official shall not authorize the refunding of any
fee paid except upon written application filed by the original permittee
not later than 180 days after the date of fee payment.
Section 114.4 is replaced to read:
Violation penalties. Any person, firm, or corporation violating
any of the provisions of this Code or the Technical Codes shall be
guilty of a misdemeanor, and each such person shall be deemed guilty
of separate offenses for each and every day or portion thereof during
which any violation of any of the provisions of this Code is committed,
continues or permitted, and upon conviction of any such violation,
such person shall be punished by a fine of not more than $500.00 or
by imprisonment for not more than six months, or by both such fine
and imprisonment.
Add Section 114.5 Declaration of Public Nuisance.
Any building or structure erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished, equipped,
used, occupied or maintained contrary to the provisions of this chapter
shall be and the same is hereby declared to be unlawful and a public
nuisance. The City Attorney shall, upon order of the City Council,
commence necessary proceedings for the abatement, removal and/or enjoinment
of any such public nuisance in the manner provided by law. Any failure,
refusal or neglect to obtain permit as required by this chapter shall
be prima facie evidence of the facts that a public nuisance has been
committed in connection with the erection, construction, enlargement,
alteration, repair, improvement, movement, removal, conversion or
demolition, equipment, use, occupancy, or maintenance of a building
or structure erected, constructed, enlarged, repaired, moved, improved,
removed, converted, or demolished, used, occupied, or maintained contrary
to the provisions of this chapter.
(Ord. 462 § 3, 2022)
Appendix Chapters C, H, I and P of the 2022 California Building
Code are adopted.
(Ord. 462 § 3, 2022; Ord. 463 § 2, 2023)