Revising Section 114 (Violations) of Chapter 1 (Administration) of the California Building Code to read as follows:
Subsection 114.1 is hereby amended and Subsections 114.1.1 and 114.1.2 are hereby added to read as follows:
Subsection 114.1 Unlawful acts.
It shall be unlawful for any person, firm, corporation, or company to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building or structure (or portion thereof), equipment, installation or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.
114.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, "unpermitted structure" shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official that subsequently expired and became null and void.
114.1.2 Unpermitted grading. No person, firm, corporation, or company shall own, use, occupy, or maintain unpermitted grading. For purposes of this subsection, "unpermitted grading" shall be defined as any land that has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the Building Official or with a valid permit as issued by the Building Official that subsequently expired and became null and void.
Subsection 114.4 is hereby amended to read as follows:
114.4 Violation Penalties.
Any person, corporation, company, or other entity who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs, or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts, or maintains land in violation of approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Section
1.56.040A of the South Gate Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
Subsection 114.5 is hereby added to read as follows:
114.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 114.5.1 through 114.5.6 of this code shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading.
114.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in subsections 114.1.1 and 114.1.2 of this code, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Codes requirements and other required approvals pursuant to the South Gate Municipal Code in order to be legalized.
Permits obtained to legalize unpermitted structures or grading shall expire as set forth in Subsection 105.5.1 of this Building Code.
114.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted building or structure, plans showing the plot plan, exterior elevations, existing structures, proposed structures, and proposed finish materials shall be submitted to the Building and Safety Division for review and approval.
114.5.2 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the land and the existing grade on adjoining properties, and a soils report shall be submitted to the Building and Safety Division for review and approval.
114.5.2 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the Building Official in accordance with, and in the manner prescribed in, the Technical Codes. The Building Official may require the removal of finished materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
114.5.6 Unpermitted structures or grading which cannot be legalized.
114.5.6.1 If the Planning Division determines that the City's zoning regulations prohibit legalization of any unpermitted structure, it shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
114.5.6.2 If the Building Official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Codes requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
114.5.6.3 If the Building Official determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Codes requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.