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HomeMy WebLinkAbout8.3 Code Enfrcmt Policyor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL December 6, 2011 Honorable Mayor and City Councilmembers Joni Pattillo, City Manager""' Code Enforcement Policy Update Prepared by Jeff Baker, Planning Manager EXECUTIVE SUMMARY: CITY CLERK File #450 -60 The City Council has the authority to establish policies, rules and regulations for the administration of code enforcement activities as long as those policies, rules and regulations are not in conflict with the provisions of the Municipal Code. On October 6, 2009, the City Council adopted a Resolution approving an updated Enforcement Policy that lists the types of violations that shall be enforced on a proactive basis and those that shall first require a complaint. The City Council will review the Enforcement Policy and provide feedback and direction. FINANCIAL IMPACT: No financial Impact. The current fiscal year budget includes funds allocated for staffing to address code enforcement. RECOMMENDATION: Staff recommends that the City Council receive the report and confirm the Code Enforcement Policy. Sub' fitted By ubmitted By Reviewed by Community Development Public Works Director Assistant City Manager Director DESCRIPTION: Code enforcement activities within the Community Development Department are handled by the Planning Division and the Building and Safety Division. The Planning Division is directly responsible for providing enforcement of the City's Zoning and Property Maintenance Ordinance. The Building and Safety Division is responsible for enforcing the Building and Housing Codes. There are 2 full time Code Enforcement Officers in the Planning Division and a Y4 time Contract Building Inspector in the Building Division dedicated to enforcement activities. Page 1 of 6 ITEM NO. 8.3 The Public Works Department is responsible for providing enforcement of encroachments within the public right of way. Encroachments, which alter the street, curb, gutter or sidewalk, require an Encroachment Permit. Temporary encroachments, such as parking a storage or garbage container in the public right of way, also require an encroachment permit. Public Works Staff also enforce encroachments, such as basketball hoop standards that are placed in the public right of way, for which Encroachment Permits are not issued. The following is an informational summary of the enforcement activities in the Community Development Department and the Public Works Department. Community Development Department: Planning Division Code Enforcement - Chapter 8.144 of the Zoning Ordinance sets forth the enforcement mechanism of Title 8 (Zoning) of the Dublin Municipal Code (Attachment 1). This Chapter of the Code states that it is the duty of the employees of the Community Development Department to enforce the requirements of the Zoning Ordinance as directed by the City Council. The following table (Table 1) illustrates the number of code enforcement cases that were closed by the Planning Division during Fiscal Year 2009/2010, and FY 2010/2011: Table 1: Plannina Division Code Enforcement Activitv Fiscal Year 200912010 201012011 Zoning /Property Maintenance Cases Closed 714 640* Planning Compliance Cases Closed 15 16 *One Code Enforcement Officer was temporarily re- classed to an Acting Assistant Planner to assist with a department vacancy during this period. Building Division Code Enforcement - Chapter 7.28 of the Dublin Municipal Code sets forth the enforcement mechanism for the Building and Safety Division (Attachment 2). This Chapter of the Municipal Code establishes the enforcement policies and regulations as well as the methods of enforcement of Building Regulations and Building Property Maintenance. The Municipal Code designates the Building Official as the Enforcement Officer of the Building Regulations. The following table (Table 2) illustrates the number of code enforcement cases that were closed by the Building Division during FY 2009/2010 and FY 2010/2011: Table 2: Building Division Code Enforcement Activity Fiscal Year 200912010 201012011 Cases Closed 173 105 Enforcement Code violations are typically identified in one of the following ways: • Active enforcement by the Planning Division Code Enforcement Officers during routine patrol of the City. The Code Enforcement Officers regularly patrol the City to identify potential violations of the Zoning, Building and Dublin Municipal Codes. (Active Building Division Code Enforcement duties were transferred to the Planning Division in July 2009). • City Staff reports potential violations; and Page 2 of 6 • A Building Inspector identifies code violations during a scheduled inspection. This includes observed violations on a property where the inspector has a legitimate reason to be on the property, such as a Building Permit inspection. All other violations are enforced on a complaint basis. Complaints are received through multiple platforms which typically include phone, e -mail, letter, and on -line via the City's website. Complaints can be made anonymously and are kept confidential. Compliance Staff utilizes the following procedure in order to achieve code compliance: • Visit site and speak to the homeowner or contractor; • Inquire about the potential violation; • Request authorization to view the potential violation; • Perform an inspection to determine if there is a violation and if a Planning and /or Building Permit is required; • If a Permit is required, educate the homeowner or contractor on the benefits of permits; • Issue a Stop Work Order for work performed without Building Permits; • For Building Property Maintenance cases, Staff sends a letter explaining the violation and giving a minimum of 15 calendar days for compliance (depending on the circumstances, violation and life safety concerns); • Send a Warning Notice giving a minimum of 15 calendar days to achieve compliance or to submit the necessary Planning and /or Building Permit Application (depending on the complexity and life safety hazards of the project); • Send a Pre - Citation Letter giving an additional 15 calendar days prior to issuance of a Citation (depending on the complexity and life safety hazards of the project); • If the resident or business is non - compliant, after these three letters and the approximately 45 day time period, Staff issues a Citation; • If compliance is still not achieved, the case may go to Court or additional Citations may be issued; and • Once compliance is achieved, Staff closes the case and sends a thank you letter to the applicant. Staff utilizes uses a different procedure as described below for the following violation types: • A -Frame signs in the public right -of -way: Section 8.84.220 allows for the summary removal of signs on the street or sidewalk because of the potential traffic hazard or danger to the public. Staff removes the sign and either returns it to the business or takes it to the corporation yard. • Balloons displayed without permits: Staff gives one verbal warning and will then issue a citation, generally within one or two days (due to the very temporary nature of this type of sign, the standard approach would be ineffective). Page 3 of 6 Public Works Department: Encroachments which require a permit are proactively enforced in the field. When an inspector or other field personnel see an activity underway that has not been permitted, they require that work be stopped until a permit has been issued. Enforcement of this requirement is covered in Chapter 7.04 of the City of Dublin Municipal Code, which establishes the enforcement policies and regulations as well as the methods of enforcement within the public right of way. The following table (Table 3) illustrates the number of encroachment permits that were issued and enforced by the Public Works Department during Fiscal Year 2010 and 2011. Table 3: Encroachment Permit Activity Fiscal Year 2009/2010 2010/2011 Permits Issued 123 65 and Inspected Enforcement Encroachment Ordinance violations are typically identified in one of the following ways: • Active enforcement by Public Works Inspectors; and • Complaints reported by the general public. Complaints are received through multiple platforms which typically include phone, e -mail, letter, and on -line via the City's website. Complaints can be made anonymously and are kept confidential. Compliance Staff utilizes the following procedure in order to achieve compliance: • Inspectors or other field personnel conduct field checks during routine daily inspections or upon complaints from the public; and • Inspectors or other field personnel require the homeowner or contractor to stop work until a permit has been issued. Staff utilizes a different procedure as described below for basketball hoop violations, which are only addressed following a complaint: • Verification of encroachment in the field upon receiving a complaint; • Send a letter to violator giving a minimum of seven calendar days to remove the encroachment from the public right of way; • Verification that the encroachment has been removed is conducted by Public Works staff after seven calendar days; • Send a second letter to violator and letter is attached to the basketball hoop if the encroachment is not removed within the seven calendar days, or additional complaints are received subsequent to the first letter being sent. Violators are given a minimum of 72 hours to remove the encroachment from the public right of way; • Verification that the encroachment has been removed is conducted by Public Works staff after 72 hours; • Public Works staff removes the encroachment from the public right of way if the encroachment is not removed within 72 hours of receiving the second notice or if another Page 4 of 6 complaint is received subsequent to the second letter being sent. The basketball hoop is stored at the City's Corporation Yard; and • If the encroachment is removed from the public right of way, the City may dispose of any unclaimed basketball hoops after four months (pursuant to Section 2.40.090). Public Works staff is currently working with the City Attorney's Office to establish storage costs, which shall be paid by the owner to regain possession of the basketball hoop. Code Enforcement Policy: The City Council has the authority to establish policies, rules and regulations for the administration of Code Enforcement activities as long as those policies, rules and regulations are not in conflict with the provisions of the Municipal Code. On October 6, 2009, the City Council adopted a Resolution approving an updated Enforcement Policy that lists the types of violations that shall be enforced on a proactive basis and those that shall first require a complaint (Attachment 3). The Enforcement Policy was amended at this time to include the proactive enforcement of Conditions of Approval, conditional uses operating without a Conditional Use Permit, and encroachments which require an Encroachment Permit. As a result of that Resolution, Staff has been proactively enforcing (without a complaint) the following types of violations: • Building work observed to be under construction without permits; • Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow -up on a Variance or Conditional Use Permit, or when inspecting construction under a Building Permit; • Conditions brought to the attention of the City in any manner which involve public health and safety; • A -Frame Signs; • Banner signs without permits; • Living or sleeping in vehicles parked or stored on a lot; • Location of required parking spaces; • Outdoor display of merchandise; • Off - street recreational vehicle parking; • Parking of unlicensed or inoperable vehicles; • Parking within a designated parking space; • Property Maintenance Ordinance; • Repair of automobiles or other vehicles in the driveway which are not registered to the occupant of a residence; • Repair or dismantling of a vehicle in front of a residence; • Temporary political signs; • Temporary promotional signs including balloons, pennants and streamers; • Vehicle signs; • Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related to On -Site Established business. Such a sale would be by a non - Dublin based business that is not an on -site established Dublin business with all necessary licenses and permits; • Conditions of Approval; • Conditional uses operating without a Conditional Use Permit or Minor Use Permit; and • Encroachments which require an Encroachment Permit. Page 5 of 6 Staff is seeking feedback and direction from the City Council regarding the existing Enforcement Policy. NOTICING REQUIREMENTS /PUBLIC OUTREACH: A public notice is not required to seek direction from the City Council. However, a public notice was published in the Valley Times and posted at several locations throughout the City. The Staff Report and attachments were made available for public review prior to the City Council Meeting. ATTACHMENTS: 1. Chapter 8.144 of the Zoning Ordinance (Enforcement) 2. Chapter 7.28 of the Dublin Municipal Code (Building Regulation Administration) 3. City Council Resolution 150 -09 Establishing the Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance and Encroachment Permits; and Rescinding Resolution No. 6 -00, with the Enforcement Policy included as Exhibit A. Page 6 of 6 . Print Preview Chapter 8.144 ENFORCEMENT 8.144.010 Purpose. To establish procedures for enforcement of the provisions of Title 8 of the Dublin Municipal Code. Page 1 of 3 Intent. The intent of this Chapter is to ensure compliance with the provisions of Title 8 of the Dublin Municipal Code and any conditions of approval of a permit; to promote the City's planning and building efforts; and to protect the public health, safety, and welfare of the City. 8,744.020 Duty of the City Council. It is the duty of the Dublin City Council to assure the proper administration of Title 8 through enforcement of its provisions. The City Council shall have the power to establish from time to time such policies, rules and regulations not in conflict with Title 8 as are necessary for that purpose. Said policies, rules and regulations shall be adopted by the City Council by resolution. ,8,944.030 Duty of the City Manager. It shall be the duty of the City Manager and his/her designee to enforce the provisions of Title 8 of the Dublin Municipal Code. 8,144.040 Duty of the Department of Community Development. A. Designation of officers or employees authorized to enforce Title 8. The Director of Community Development may designate officers or employees to enforce the provisions of Title 8. The Officers or employees so designated shall have the authority to issue citations and commence abatement proceedings against anyone who violates any of the provisions of Title 8. B. Duty, It is the duty of the officers or employees of the Department of Community Development so designated to enforce the requirements of this Title as directed by the City Council. 8,944.050 Compliance. A. Actions contrary to Title 8 are unlawful and a public nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to Title 8; or any use or occupancy of any land, building or premises established, conducted, operated or maintained contrary to Title 8 is unlawful and is hereby declared to be a public nuisance and may be summarily abated as such. B. Compliance with provisions of Title 8. Every department and employee of the City of Dublin authorized to issue permits or licenses affecting the use or occupancy of land or of a building or structure within the City shall comply with the provisions of Title 8. http:// www. codepublishing. com /ca/Dublin/egi/MenuCompile.pl 10/6/2011 Print Preview Page 2 of 3 C. No issuance of permit Until action taken and time for appeal expired. No permit shall be issued unless and until final action has been taken and any appeal period has expired. D. Permit or license contrary to provisions of Title 8 is null and void. Any permit or license hereafter issued for a building, structure, use or occupancy contrary to the provisions of Title 8 shall be null and void and of no effect. 8.144.060 Violations. A. Infraction /Misdemeanor. Notwithstanding Section 1.04.030 of the Dublin Municipal Code, any person, firm, or corporation violating or causing, or permitting to be violated, or failing to comply with any of the provisions of Title 8 shall be guilty of an infraction unless such violation is described as a misdemeanor by specific provisions of Title 8. B. Separate offense. Each person, firm, or corporation shall be guilty of a separate offense for each day and every day during any portion of which any violation of any provision of Title 8 is committed, continued or permitted by such person, firm, or corporation, and shall be punishable accordingly. 8.144.070 Remedies. A. Civil Remedies. The Director of Community Development shall commence appropriate action or proceedings to enforce the provisions of this Title and to abate, remove or enjoin any violation of this Title. B. Criminal Remedies. Any person, firm or corporation guilty of an infraction under the provisions of Title 8 shall be punishable upon a first infraction of a fine of not more than $100.00, and for a second infraction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent infraction within a one -year period by a fine of not more than $500.00. Any violation beyond the third infraction within a one -year period may be charged as a misdemeanor and the penalty for conviction of the same shall be subject to fine or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19. Rev. Ord. 16 -02 (October 2002) C. Other Applicable Remedies. The City Manager may seek compliance with the provisions of Title 8 by pursuing any available remedy, alone or in combination, to correct the violation. D. Cumulative. All remedies contained in Title 8 for handling violations or for enforcing the provisions of Title 8 shall be cumulative and not exclusive of any other applicable provisions of City, County or State Law. 8.144.080 Inspections. Every property owner or applicant seeking a permit or other approval under Title 8 shall permit the City access from time to time to any premises or property to render inspections as deemed necessary to determine or ensure compliance with this Title. Upon issuance of a permit or any other approval under Title 8, the property owner or applicant shall permit the City access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval. http: / /www.codepublishing. corn /ca/Dublin/egi/MenuCompile.pl 10/6/2011 Prim Preview Page 3 of 3 http:// www. codepublishing. com /ca/Dublin/egi/MenuCompile.pl 10/6/2011 Sections: Chapter 7.28 BUILDING REGULATION ADMINISTRATION Article I. Definitions 7.28.010 Building Official. 7.28.020 Dangerous building or structure. 7.28.030 Dangerous electrical, plumbing or mechanical installation. 7.28.040 Electrical installation. 7.28.050 Health Officer. 7.28.060 Illegal building, structure or installation. 7.28.070 Mechanical installation. 7.28.080 Plumbing installation. 7.28.090 Substandard building. 7.28.100 This chapter. Article 11. Authority of Building Official 7.28.110 Enforcement off icer designated. 7.28.120 Right of entry. 7.28.130 Alternative materials and methods of construction. 7.28.140 Modifications. 7.28.150 Compliance—Tests. 7.28.160 Stop work orders. 7.28.170 Discontinuance of utilities—Authority. 7.28.180 Liability. Article Ill. Enforcement 7.28.190 Occupancy or use violations. 7.28.200 Dangerous buildings, structures or installations. 7.28.210 Illegal buildings, structures or installations. 7.28.220 Existing buildings, structures or installations. 7.28.230 Maintenance requirements. 7.28.240 Code conflicts. 7.28.250 Violation. 7.28.260 Appeals. 7.28.270 Revocation or modification of variance. Article IV. Permit Requirements 7.28.280 Perm it—Required. 7.28.290 Exceptions. 7.28.300 Perm it—Application. 7.28.310 Permit — Application —Plans and specifications. 7.28.320 Plans and specifications—Requirements. 7.28.330 Permit — Application —Plats required. 7.28.340 Perm it—Issuance—Generally. 7.28.350 Perm it—Issuance—Restrictions. 7.28.360 Perm ittee responsibility. 7.28.370 Granting of permit not approval for violation. 7.28.380 Perm it—Expiration. 7.28.390 Application—Expiration. 7.28.400 Permit — Extensions. 7.28.410 Building Official— Authority to deny permit. 7.28.420 Permit — Suspension or revocation. 7.28.430 Fees—Generally. 7.28.440 Permit processing fee. 7.28.450 Refunds. 7.28.460 Fees—Partially completed work. 7.28.470 Additional fees for changes. 7.28.480 Reinspections. 7.28.490 Code compliance survey. 7.28.500 Inspection fee—Moved building. 7.28.510 Plan and specification storage fee. 7.28.520 Fees for additional plan checking. 7.28.530 Fees—Other inspection services. Article V. Inspections 7.28.540 Generally. 7.28.550 Approvals required. 7.28.560 Inspection required before use commences. 7.28.570 Notification for inspections required. 7.28.580 Other inspections. 7.28.590 Special inspections. 7.28.600 Inspections—Moved buildings, structures, installations or systems. Article VI. Occupancy 7.28.610 Generally. 7.28.620 Approval to connect utilities. 7.28.630 Temporary or partial occupancy. 7.28.640 Authority to withhold approval to occupy. Article I. Definitions 7.28.010 Building Official. There is established in the city the office of the Building Official, who is responsible for the administration and enforcement of this chapter as hereinafter provided. (Ord. 25-10 § 3 (Exh. B) (part)) 7.28.020 Dangerous building or structure. "Dangerous building or structure" means any building or structure which has any or all of the following conditions or defects to an extent that endangers the life, health, property, or safety of the public or its occupants'. A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; B. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one -half (1 -1/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location; C. Whenever any portion of a building or structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent the structural strength or stability of such building or structure is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; D. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; E. Whenever any portion of a building or structure, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not anchored or fastened in place so as to be capable of resisting a wind pressure of one -half (1/2) of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings; F. Whenever any portion of a building or structure has cracked, warped, buckled, or settled to such an extent that walls or other structural portions of the building or structure have materially less resistance to winds or earthquakes than is required in the building code for similar new buildings or structures; G. Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting building; (4) the deterioration, decay or inadequacy of its foundation; or (5) any other cause; H. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used; I. Whenever the exterior walls or other vertical structural m embers list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one -third (1/3) of the base; J. Whenever the building or structure, exclusive of the foundations, shows thirty -three percent (33 %) or more damage or deterioration of its supporting member or members, or fifty percent (50 %) damage or deterioration of its nonsupporting members, enclosing or outside wall coverings; K. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated, as to become (1) an attractive nuisance to children; (2) a harbor for vagrants, criminal or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts; L. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by this chapter or any law, ordinance, rule, or regulation in relation to the condition, location or structure of buildings; M. Whenever any building or structure has less than fifty percent (50 %) in any nonsupporting part, member or portion, or less than sixty -six percent (66 %) in any supporting part, member or portion, of the (1) strength; (2) fire - resisting qualities or characteristics; or (3) weather resistance qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location regardless of whether such building or structure was erected in accordance with all applicable laws and ordinances. For buildings erected prior to the effective date of Alameda County Ordinance 74- 66, the seismic forces specified in Alameda County Ordinance 950 N. S. shall be used for determining the percent of strength rather than the seismic forces required by law for a newly constructed building of like area, height, and occupancy in the same location; N. Whenever a building or structure, used or intended to be used for dwelling purposes, is determined by the Building Official to be unsanitary, unfit for human habitation or in a condition that it is likely to cause sickness or disease due to inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, or inadequate light, air or sanitation facilities or other cause; O. Whenever any building or structure is determined by the Building Official to be afire hazard due to obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire - resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause; P. Whenever any building or structure constitutes a public nuisance under this code or state law or in equity; Q. Whenever any portion of a building or structure remains on a site after the demolition or destruction of such building or structure; or R. Whenever any building or structure is abandoned and is determined by the Building Official to be an attractive nuisance or hazard to the public. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.030 Dangerous electrical, plumbing or mechanical installation. "Dangerous electrical, plumbing or mechanical installation" means any electrical, plumbing or mechanical installation which has any or all of the following conditions or defects and such conditions or defects endanger the life, health, property or safety of the public or any persons using such installation: A. Whenever any protective or safety service specified in this chapter is not provided, is inoperative, or fails to function as originally intended; B. Whenever any installation or any portion thereof is (1) dilapidated, deteriorated, or decayed; (2) faulty; (3) obsolete; or (4) inadequately maintained; C. Whenever any installation or any portion thereof is damaged by fire, wind, earthquake, flood or any other cause; D. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of this chapter; and /or E. Whenever any installation is in such condition as to constitute a public nuisance under this code or state law or in equity. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.040 Electrical installation. "Electrical installation" means any electrical wiring, appliance, device, equipment, and apparatus used for or in connection with the transmission or use of electrical energy for light, power, radio, signaling communication or for any other purpose. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.050 Health Officer. "Health Officer" means the Alameda County Health Officer or his authorized representative. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.060 Illegal building, structure or installation. "Illegal building, structure or installation" means any building or structure or portion thereof, and any electrical, plumbing or mechanical installation or portion thereof, erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit in violation of this chapter or any other applicable law, ordinance, rule or regulation. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.070 Mechanical installation. "Mechanical installation" means any appliance, device, equipment, system or apparatus used for or in connection with heating, ventilating, refrigeration or incineration. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.080 Plumbing installation. "Plumbing installation" means the use of water, all potable water supply and distribution pipes, all fixtures and traps, all drainage and vent pipes and all building drains, all private sewage disposal systems, including their respective joints and connections, devices, receptacles and appurtenances within property lines of the premises and shall include potable water piping, potable water treating or using equipment, fuel gas piping, water heaters and vents for same. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.090 Substandard building. "Substandard building" means all buildings or portions thereof which are determined to be substandard as defined in Section 1001 of the Uniform Housing Code, except that any condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements of ceilings, rooms, and dwellings shall not by itself be considered sufficient existence of dangerous conditions making a substandard building, unless the building was constructed, altered or converted in violation of such requirements in effect at the time of construction, alteration or conversion. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.100 This chapter. Whenever the term "this chapter" is used in this Chapter '7,2 , it shall also mean and include Chapter 7.32 (Building Code); Chapter 7.34 (Residential Code); Chapter 7.36 (Electrical Code); Chapter 7.40 (Plumbing Code); Chapter 7.44 (Mechanical Code); Chapter 7.48 (Housing Code) and Chapter 7.94 (Green Building Code) of this title. (Ord. 25 -10 § 3 (Exh. B) (part)) Article II. Authority of Building Official 7.28.110 Enforcement officer designated. A. The Building Official is hereby authorized and directed to enforce the provisions of this chapter. The Building Official shall have the authority to render interpretations of this chapter and to adopt policies and procedures to clarify the application of the provisions of this chapter. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this chapter. B. The Building Official shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter. C. The Health Officer is hereby authorized and directed to enforce all of the provisions of this chapter pertaining to: Private water supply; 2. Private sewage disposal systems; 3. Infestation of insects, vermin or rodents; 4. Storage and removal of garbage; and 5. Sanitation of bedding. For purposes of enforcement of the foregoing provisions of this chapter the Health Officer shall have the same authority and duties that are assigned to the Building Official in this article and Sections 7.28.260 and 7.28.270. D. The Building Official, the Health Officer, and any officer or employee designated by the Building Official pursuant to subsection B of this section shall have the power of a peace officer. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.120 Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter or whenever the Building Official has reasonable cause to believe that a violation of this chapter exists in any building or any premises, or there exists in any building or upon any premises any condition which makes the building or premises dangerous, unsanitary, or a menace to life, health or property, the Building Official may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this chapter or any other applicable law, ordinance, rule, or regulations; provided, that if such building or premises be occupied, he shall first present credentials and demand entry. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the 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 every remedy provided by law to secure entry. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.130 Alternative materials and methods of construction. A. The provisions of this chapter are not intended to prevent the use of any material or to prohibit any design or method of construction not specifically prescribed by this chapter; provided, that any such alternative has been approved by the Building Official. B. The Building Official may approve any alternative material, design or method of construction, provided the Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least equivalent of that prescribed in this chapter in quality, strength, effectiveness, fire resistance, durability, dimensional stability, and safety. The details of any action granting approval of an alternative material, design or method of construction shall be recorded and entered into the files of the city. C. The Building Official may require that sufficient evidence or proof be submitted to substantiate any claims for alternate materials or methods of construction. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.140 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Building Official may grant modifications for individual cases upon application of the owner or the owner's representative, provided he shall first find that a special individual reason makes the strict letter of this chapter impractical, the modification is in conformity with the intent and purpose of this chapter and such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of any action granting modifications to the provisions of this chapter shall be recorded and entered in the files of the city. (Ord. 25- 10 § 3 (Exh. B) (part)) 7.28.150 Compliance— Tests. A. Whenever there is insufficient evidence of compliance with the provisions of this chapter, or evidence that any material or any construction does not conform to the requirements of this chapter, or in order to substantiate claims for alternate materials or methods of construction, the Building Official may require tests as proof of compliance to be performed by an approved agency at the expense of the owner or his agent. B. Test methods shall be as specified by this chapter for the material in question. If there are no appropriate test methods specified in this chapter, the Building Official shall determine the test methods. C. All tests shall be made by an approved agency. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.160 Stop work orders. Whenever any work is being done contrary to the provisions of this chapter or any other applicable law, ordinance, rule, regulation, or the approved plans, the Building Official may order the work stopped by serving written notice on the owner of the property involved, the owner's agent, or any persons engaged in, doing, or causing such work to be done. Upon issuance of a stop work order, the cited work shall immediately cease and shall not resume until authorized by the Building Official. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation and the conditions under which the cited work will be permitted to resume. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.170 Discontinuance of utilities— Authority. A. The Building Official may order the discontinuance of the supply of electrical energy, fuel gas or water to any building or structure, electrical, plumbing, or mechanical installation which is: Being occupied or used contrary to the provisions of this chapter or any other applicable law, ordinance, rule or regulation; 2. A dangerous building or structure, or dangerous electrical, plumbing or mechanical installation; 3. An illegal building or structure, electrical, plumbing or mechanical installation; or 4. A substandard building. B. Such order shall be in writing and shall state the nature of the condition requiring the discontinuance of utilities and the time when such utilities shall be discontinued. The order shall be directed to the person supplying electrical energy, fuel gas, or water and a copy of said order shall be sent to the person using said utilities and to the owner of the premises. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.180 Liability. The Building Official, or his authorized representative, charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of his duties required by this chapter or any other applicable laws, ordinances, rules, or regulations, shall not thereby be rendered personally liable, and is hereby relieved from personal liability, for any damage accruing to persons or property as a result of any act, or by reason of any act or omission, in the discharge of his or her duties. Any suit brought against the Building Official or employee because of such act or omission shall be defended by the city until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the city. (Ord. 25 -10 § 3 (Exh. B) (part)) Article III. Enforcement 7.28.190 Occupancy or use violations. Whenever any building or structure, electrical, plumbing, or mechanical installation, or portion thereof, is being used contrary to the provisions of this chapter or any other applicable law, ordinance, rule, or regulation, and whenever the occupancy of a building has been changed without the approval of the Building Official, the Building Official may order such use discontinued and, where deemed necessary for the safety of the occupants thereof, or the public, may order the building or structure or portion thereof to be vacated by serving written notice to any persons using or causing such use. If there are no persons present on the premises at the time, the notice may be posted in a conspicuous place on the premises. The notice shall state the nature of the violation and the time when said use shall be discontinued, and when required, the time when said building or structure or portion thereof shall be vacated. No person shall continue said use or continue to occupy said building or structure, electrical, plumbing, or mechanical installation, or portion thereof, contrary to the terms of said notice until the violation is corrected and use or occupancy is authorized by the Building Official. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.200 Dangerous buildings, structures or installations. A. It is unlawful to maintain or use a dangerous building or structure or a dangerous electrical, plumbing, or mechanical installation. B. All dangerous buildings or structures or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 7.52 or by any other remedy available at law or in equity. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.210 Illegal buildings, structures or installations. A. All illegal buildings, structures or installations shall be made to conform to the provisions of this chapter or shall be demolished and removed. B. Whenever necessary to assure compliance with the foregoing provisions, the owner of any illegal building, structure or installation shall uncover any concealed portions of such building, structure, electrical, plumbing, or mechanical installation for inspection and shall perform such tests as may be required by the Building Official. C. It is unlawful to use or maintain any illegal building, structure or installation or portion thereof which was erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit. D. All illegal buildings, structures or installations or portions thereof are hereby declared to be public nuisances and may be abated in accordance with the provisions specified in Chapter 7.52 or by any other remedy available at law or in equity. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.220 Existing buildings, structures or installations. A. Except as required by Sections 7.32.090 and 7.34.090 and Section 713.5 of the California Plumbing Code /Uniform Plumbing Code, buildings or structures, electrical, plumbing or mechanical installations in existence at the time of the adoption of the ordinance codified in this chapter may have their existing use or occupancy continued if such use or occupancy was legal at the time of adoption of the ordinance codified in this chapter and provided such continued use does not endanger the life, health, property, or safety of the public or the occupants of such buildings or structures. B. Electrical, plumbing and mechanical systems installed in apartments, hotels and dwellings prior to January 1, 1975, shall be deemed to have conformed to applicable law in effect at the time of installation and to have been maintained in good condition if such systems are currently in good and safe condition and working properly. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.230 Maintenance requirements. A. All existing and new buildings or structures, electrical, plumbing and mechanical installations, and parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which were required by the building, electrical, plumbing or mechanical codes when the building, structure, or installation was erected or installed shall be maintained in good working order. The owner or his designated agent shall be responsible for maintenance of all buildings, structures, installations or systems. B. Private building sewers shall be maintained in a gastight and watertight condition. Where private sewage disposal systems are permitted, the effluent therefrom shall be contained beneath the surface of the ground level and within the property lines of the premises. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.240 Code conflicts. When any requirements of Chapter 7,28, 7.32, 7.34, 7.36, 7.40, 7.44, 7.48 or 7.94 and manufacturer's instructions conflict, the more stringent provisions shall prevail. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.250 Violation. A. Any person who violates a provision of this chapter or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this chapter, shall be prosecuted in accordance with the provisions set forth in Section 1.04.030. B. In addition to the penalties provided in Section 1.04.030, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be abated in accordance with the provisions specified in Chapter 7.52 or by any other remedy available at law or in equity. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.260 Appeals. A. Any person aggrieved by any decision of the Building Official in connection with the application or interpretation of the provisions of this chapter or in the approval of alternate materials or methods of construction may appeal to the City Council. Such appeal shall be in writing and filed within ten (10) days from the date of the Building Official's decision. B. The City Council may, after a hearing, interpret any provision of this chapter. C. The City Council may, after a hearing, vary the application of the provisions of this chapter in any specific case if it determines that enforcement thereof would be contrary to the spirit and purpose of this chapter or to the public interest. In granting a variance, the City Council may impose any requirements or conditions to mitigate any adverse effects that may result from granting a variance. D. In interpreting the provisions of this chapter or in granting a variance the City Council shall make the following findings: That the interpretation or variance is consistent with the purpose of this chapter; and 2. That the interpretation or variance will not result in less protection to the people of the city or the property situated therein. E. The City Council may approve alternate materials or methods of construction as set forth in Section 7.28.130 by overruling the decision of the Building Official. In approving any alternate materials or methods of construction the City Council shall find that such materials or methods of construction are for the purpose intended, at least the equivalent of that prescribed by this chapter in quality, strength, effectiveness, durability, dimensional stability and safety. F. The City Council may appoint a Board of Appeals to hear any specific appeal. The Board of Appeals shall consist of five (5) members qualified by training and experience to pass on matters pertaining to the subject matter of the appeal and to serve until the disposition of the appeal. The Board of Appeals shall have the same authority and duties as the City Council in interpreting this chapter, granting variances, or approving alternate materials or methods of construction. The Building Official shall be an ex officio member of the Board of Appeals and shall act as secretary to the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations. The decision of the Board of Appeals shall be final. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.270 Revocation or modification of variance. The City Council may, after a public hearing held upon not less than ten (10) days' notice, revoke or modify by written order any order permitting a variance. The City Council shall serve notice of the time and place of a hearing to revoke or modify any order permitting a variance not less than ten (10) days prior to such hearing, by personal service, or by first class mail, postage prepaid, mailed to the person to whom such variance was granted at the address shown in the application for such variance or to such other address as may appear reasonable to the City Council under the particular circumstances. (Ord. 25 -10 § 3 (Exh. B) (part)) Article IV. Permit Requirements 7.28.280 Permit — Required. A. Except as provided in Section 7.28.290, no person shall install, erect, construct, enlarge, add to, alter, repair, move, remove, demolish, convert, occupy, equip or improve any building or structure, any electrical, plumbing or mechanical installation or cause the same to be done without first obtaining a permit from the Building Official. B. A separate permit shall be required for each building or structure, but the permit may include pertinent accessories such as fences, retaining walls, exterior lighting, underground utilities and sprinkler systems, provided such work is shown on the approved plans or described on the application. The Building Official may authorize issuance of a single permit for several buildings where in his or her opinion the convenience of the city will be served. C. For private water supply and private sewage disposal systems, a separate permit or approval shall be secured from the Health Officer prior to issuance of a permit by the Building Official. In addition, any permits or approvals required by the Zone 7 Water Agency shall be secured prior to issuance of a permit by the Building Official. D. Additional permits shall be required for pertinent accessories regulated by this chapter which are proposed to be constructed but not shown on the approved plans or described on the application. A grading permit may also be required subject to the provisions of Chapter 7.16. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.290 Exceptions. A. No permit shall be required for any of the following work; provided, however, permits shall be required for electrical, plumbing and mechanical installations in any building or structure listed in subsections (A)(1) through (A)(19) of this section, and permits shall be required for all new construction and substantial improvements that are located within an area of special flood hazard in accordance with Chapter 7.24: 1. Open wire fences not more than sixteen (16) feet in height and all other type fences not more than eight (8) feet in height; 2. Retaining walls which do not retain more than three (3) feet of earth when the earth retained is level or where there is no surcharge load and retaining walls which do not retain more than two (2) feet of earth when the earth retained is sloping or which support surcharge loads. See Section 2304.11.7 of the California Building Code /International Building Code for requirements for treatment of wood used for retaining wall; 3. One (1) story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred twenty (120) square feet; 4. One (1) story buildings not more than four hundred (400) square feet in area used exclusively for housing animals, poultry, livestock and similar animals and the storage of necessary food, hay and grain for the animals housed therein; 5. Agricultural buildings as defined in Section 202 of the California Building Code /International Building Code; on lots exceeding twenty (20) acres in area which are located in an A zoning district and where the principal use of the land is agriculture; 6. Lath houses and similar sun shade structures with roofs which do not shed water, which are not more than ten (10) feet in height and one thousand (1,000) square feet in area; 7. Awnings over doors and windows of a Group R -3 or Group U -1 occupancy which are entirely supported by the building and do not project more than fifty -four (54) inches; 8. Temporary construction offices and storage sheds which are used on a site where there is a valid building permit, grading permit or which are used in connection with a construction project where no building permit or grading permit is required; however, this provision shall not apply to such building remaining on the site thirty (30) days after the completion of construction; 9. Temporary construction offices and storage sheds when stored in a contractor's equipment yard; provided, however, a permit shall be required if such offices or sheds are used for any purpose whatsoever; 10. Decks not exceeding two hundred (200) square feet (18.58 m2) in area, that are not more than thirty (30) inches (seven hundred sixty -two (762) mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4; 11. Treehouses or other structures which are designed to be used by children for play; 12. Flag poles, radio or TV antennas and towers, less than thirty -five (35) feet in height when not attached to a building and less than twenty (20) feet in height when attached to a building, except permits are required for dish -type antennas more than four (4) feet in diameter; 13. Swimming, bathing and wading pools, and fish ponds not exceeding eighteen (18) inches in depth; 14. Prefabricated swimming pools, spas or hot tubs not exceeding four (4) feet in depth if resting on the surface of the ground or a concrete slab on the ground; 15. Painting, papering and similar finish work; 16. Moveable cases, counters and partitions not over five (5) feet nine (9) inches high; 17. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1); 18. Water storage tanks of any size if resting on the surface of the ground or on a concrete slab on the ground when used only for watering livestock or irrigation; 19. Swings and other playground equipment accessory to detached one (1) and two (2) family dwellings; 20. The replacement of lamps or the connection of portable electrical appliances to suitable receptacles which have been permanently installed; 21. Nonelectrical signs less than eight (8) feet in height, nonelectrical signs which do not exceed three (3) pounds per square foot nor four (4) inches in thickness when fastened flat against the wall of any building; and provided further, that the sign does not extend above the top of the wall of the building; 22. Clearing stoppage or repairing leaks in pipes, valves, fittings or fixtures when such repairs do not involve the replacement or rearrangement of pipes, valves, fittings or fixtures; 23. Buildings and structures owned by a sanitary district used exclusively for storage, collection, conveying and treating sewage; 24. Demolition or exploration work that may be necessary in order to determine conditions in connection with a proposed addition or alteration to an existing building if an application for a permit is on file and prior approval for the demolition or exploration work is obtained from the Building Official; 25. Small or unimportant work when approved by the Building Official. B. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other law, ordinance, rule or regulation. C. Any person may obtain inspection services for work exempt from the permit requirements of this chapter by applying for a permit for such work and paying the applicable fee. D. Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted to the Building Official on the next working business day. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.300 Permit — Application. Every application for permits shall be made in writing on the forms furnished for that purpose. Every application shall include the following: A. The location of the premises by address and by legal description or County Assessor's description; B. The name, address and phone number of the applicant; C. The signature of the applicant or his authorized agent, who maybe required to submit evidence of such authority; D. A description of the work to be done; E. A description of the proposed use and occupancy of the proposed building, structure, or electrical, plumbing or mechanical installation, and where existing buildings, structures, electrical, plumbing or mechanical installations are located on the premises, a complete description of the current and proposed use or occupancy of such buildings, structures or installations; F. Any other such information that maybe reasonably required by the Building Official; G. An authorization to enter the property for the purpose of inspecting the work without an inspection warrant; and H. An indication as to whether the building is to be heated and /or cooled. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.310 Permit — Application —Plans and specifications. A. A minimum of three (3) sets of plans and specifications shall be submitted with each application for checking except that plans and specifications shall not be required for small or unimportant work when approved by the Building Official. B. Engineering calculations, stress diagrams, soil investigation reports, geological investigation reports, test data, electrical load calculations, gas and water supply demand calculations and other data sufficient to show the correctness of the plans and specifications and to assure that the proposed work will conform to all of the provisions of this chapter shall also be submitted when required by the Building Official. Plans and specifications shall be prepared by a certified architect or registered professional engineer when required by the Building Official. The owner shall also submit a complete outline of the testing and inspection program proposed when special inspection is required pursuant to Section 7.28.590. C. Deferred Submittals. For the purposes of this section, "deferred submittals" are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Building Official within a later specified period of time. Deferral of any submittal items shall have prior written approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the deferred submittal documents for review by the Building Official. Submittal documents for deferred submittal items shall be submitted to the architect or engineer of record, who shall review them and forward them to the Building Official with a notation indicating that the deferred subm ittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official. D. When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all the duties required of the original architect or engineer of record. The Building Official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.320 Plans and specifications — Requirements. A. Plans shall be drawn to scale on substantial paper and shall be legible and of sufficient clarity to indicate the nature and extent of the work proposed and shall show in detail how the proposed work will conform to the requirements of this chapter and all applicable laws, ordinances, rules and regulations. The specifications indicating the type and grade of all the materials to be used in the proposed work shall be shown on the plans unless otherwise approved by the Building Official. B. The first sheet of each set of plans shall contain the address or legal description of the property where the work is proposed to be done, the name and address of the owner of the property and the name, address and signature of the person who has prepared the plans. C. The plans shall include a plot plan which shall show the location of existing and proposed buildings or structures. The plot plan shall also show the location of all existing or proposed gas mains and services; water mains, water services, fire hydrants, and sewer mains; underground or overhead power and communication lines; poles and transformers; waterways, storm drains, inlets, culverts, curbs, gutters, sidewalks, building sewer, wells, septic tanks and drainage fields. The plans shall also include a grading and drainage plan which shall show all existing elevations or contours and all proposed final elevations and the elevation of the first floor. This plan shall also show how all portions of the lot are to be drained and any necessary drainage structures. The grading and drainage plan may be combined with the plot plan if such information can be clearly shown on the plot plan. D. If the proposed work does not involve new buildings or structures and does not change the configuration of existing buildings or structures, the Building Official may waive the requirements for a plot plan and grading or drainage plan. Where only minor grading is proposed and existing drainage patterns are not materially affected and the proposed work does not fall under the provisions of special flood hazard areas as set forth in Chapter 7.24, the Building Official may waive the requirements for a grading and drainage plan. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.330 Permit — Application —Plats required. A. Three (3) copies of a topographic plat prepared and signed by a licensed land surveyor or a registered civil engineer shall be submitted with the application for a permit for any new building or structure or building proposed to be moved. B. The Building Official may waive the requirements for such a plat for minor buildings or structures on parcels containing substantial existing development or where a plat has been previously subm itted for a permit and where there have been no substantial changes in the elevations of the finished grade. C. The plat shall show the location of all aboveground structures, retaining walls, fences, poles, transformers, overhead power and communication lines, wells, fire hydrants, drainage inlets, culverts, curbs, gutters, sidewalks, and waterways. The plat shall also show the known or reported location of underground structures, such as underground storm drains, water, sewer, gas, power and communication lines, septic tanks, and drainage fields. D. The plat shall be drawn to a scale and shall show contours at intervals of one (1) foot or less on slopes up to three percent (3 %) and contours at intervals not more than five (5) feet on slopes more than three percent (3 %). Contours shall extend to the center of the street if not improved with curbs and gutters and need extend only to the gutter when improved with curbs and gutters. E. Plat of the entire parcel shall not be required for parcels exceeding one (1) acre located in an R -1 or A district; however, the following shall be provided: 1. Contours within one hundred (100) feet of any proposed building; 2. Contours or a profile of any existing or proposed access driveway. The Building Official may waive this requirement when the applicant can otherwise demonstrate that the access driveway is in conformance with the city standards, plans and specifications or in accordance with the Director of Public Works. F. A topographic plat is not required on any lot shown on any subdivision tract map if such tract map was filed within five (5) years prior to the application for a permit. G. The Building Official may require a plat of a property line survey where the exact location of the property line is necessary for the enforcement of any of the provisions of this chapter. If, after the issuance of a permit, a question arises as to the exact location of the property line, the Building Official may require a property line survey. Whenever a property line survey has been made, the property line shall be located by appropriate stakes or monuments and three (3) copies of a plat of the survey shall be filed with the Building Official. H. Nothing contained herein shall be constructed as relieving the land surveyor or civil engineer from complying with the provisions of the Land Surveyor's Act, Business and Professions Code, beginning with Section 8700. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.340 Permit — Issuance — Generally. A. If it appears upon examination of the application, plans, specifications and other information furnished by the applicant that the proposed work will conform to the provisions of this chapter and any other applicable laws, ordinances, rules, and regulations, and upon payment of the prescribed fees, the Building Official shall issue a permit to the applicant. B. When the Building Official issues a permit, he shall affix an official stamp of approval on three (3) sets of plans and specifications. One (1) set of plans and specifications shall be retained by the city, one (1) set of plans and specifications shall be kept on the site of the construction or work, and one (1) set of plans and specifications shall be provided to the Office of the Alameda County Assessor. The approved plans shall not be changed without approval of the Building Official. All work authorized by the permit shall be done in accordance with the approved plans. C. Permits are not transferable. D. The set of plans and specifications retained by the city at the time of issuance of the permit shall be retained by the Building Official for a period not less than ninety (90) days from the date of the completion of the work covered therein, except that this provision shall not apply to plans and specifications required to be retained by Section 19850 of the Health and Safety Code of the State of California. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.350 Permit — Issuance — Restrictions. Permits may be issued to any person not acting in violation of Chapter 7, Division 3, of the Business and Professions Code of the State of California (Contractor's License Law). (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.360 Permittee responsibility. It shall be the responsibility of a permit -tee to assure that all work authorized thereunder is done in accordance with the provisions of this chapter and any other applicable law, ordinance, rule or regulations, and to make arrangements for the inspection of the work by the Building Official. If, after inspection by the Building Official, correction of work completed is necessary, the holder of the perm it shall be responsible for such correction. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.370 Granting of permit not approval for violation. A. The issuance of a permit or approval of plans and specifications shall not be construed to authorize any violation of any of the provisions of this chapter or any other applicable laws, ordinances, rules, or regulations; and any permit or document purporting to give authority to violate this chapter, or any other law, ordinance, rule or regulation, shall not be valid except insofar as the work or use which it authorizes is lawful. B. The issuance of a permit or approval based upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in such plans and specifications or from preventing work being carried out thereunder in violation of this chapter or any other applicable law, ordinance, rule or regulation. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.380 Permit — Expiration. A. Permits issued pursuant to this chapter having a valuation of less than one million dollars ($1,000,000) shall expire one (1) year from the date of issuance; and permits having a valuation of over one million dollars ($1,000,000) shall expire in two (2) years from the date of issuance. B. Exception. Whenever a permit is issued to correct a violation of this chapter, or any other law, ordinance, rule or regulation, or to rehabilitate, repair, or demolish a dangerous, substandard, illegal, unsafe or unsanitary building or structure, electrical, plumbing or mechanical installation, or to otherwise abate a nuisance, the Building Official shall establish a reasonable time for the completion of the work C. Where permits for more than one (1) building on the same site or subdivision are issued to the same applicant, the total valuation of all the permits shall be used for determining when the permits expire. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.390 Application— Expiration. A. Every application for a permit shall expire six (6) months after the application and accompanying plans and specifications have been checked by the Building Official. B. Plans and specifications accompanying an expired application maybe destroyed ten (10) days from the date of mailing the applicant notice of intention to destroy said plans and specifications. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.400 Permit — Extensions. A. One (1) extension of the expiration date of any permit maybe allowed for good cause upon written application therefor prior to the expiration date. Requests for extensions shall indicate the necessary time to complete the application or work and the reasons therefor. B. Where work authorized by any permit has not commenced, extensions shall not be allowed if there have been revisions to any applicable law, ordinance, rule or regulations which would otherwise prohibit the proposed construction. Where work authorized by any permit has commenced, any extension shall also require all work to conform to any applicable law, ordinance, rule, or regulation in effect at the time of the extension. C. In requiring compliance with new laws, ordinances, rules or regulations, the Building Official shall consider the practical difficulties in making changes to existing construction and may allow work completed to remain without changes. The Building Official may also allow uncompleted work to proceed in accordance with the original approved plans. D. An extension may be allowed for an application for a permit, but the work shall comply with applicable laws, ordinances, rules, and regulations in effect at the time of issuance of the perm it. E. In allowing an extension additional fees maybe imposed to cover any additional costs incurred by the city because of the extension. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.410 Building Official — Authority to deny permit. The Building Official may refuse to issue any permit where it cannot be demonstrated that: A. The hazards of land slippage, erosion or settlement will be eliminated; B. The proposed work will not be located on a trace of an active fault; C. The proposed work will conform to Chapters 7.20 and 7.24; D. The placement of existing fills has not been subject to continuous inspection by a special inspector as required by Section 1704.7 of the California Building Code /International Building Code; E. The private water supply will conform to Section 601.0 of the California Plumbing Code /Uniform Plumbing Code; F. The private sewage disposal system shall be in conformance with Section 713.0 of the California Plumbing Code /Uniform Plumbing Code; G. Whenever a licensed contractor has failed to make corrections as specified in Sections 7.28.540 through 7.28.580. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.420 Permit — Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit has been issued in error, or on the basis of incorrect information supplied, or in violation of this chapter or any other applicable laws, ordinances, rules, or regulations. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.430 Fees — Generally. The provisions of this chapter apply to fees collected by the Building Official. A. The City Council shall, by resolution, adopt a schedule of fees for permits, reinspections, code compliance surveys, moved building inspections, plan and specification storage fees, additional plan checking, hourly rates for inspection services not covered by specific fees, and fees authorized by the Alquist - Priolo Geologic Hazards Zones Act. B. At time of issuance of any permit required by this chapter, the applicant shall pay the fees as established by resolution of the City Council. C. Where work for which a permit is required by this chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows.. Violation within Two -Year Period Penalty Fee First Equal to the permit fee Second Double the permit fee Third and Ten times the subsequent permit fee The payment of such penalty fee shall not relieve any person from fully complying with all of the provisions of this chapter. D. The payment of a penalty fee shall not be required where the work was done two (2) years before the date it was determined that the work was done without a perm it. A penalty fee shall not be required when the work was done or caused to be done by a previous owner of the property. E. 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 the building permit and permit processing 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 at the time the permit is issued. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.440 Permit processing fee. Each application for a permit shall be accompanied by a fee equal to forty percent (40 %) of the total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited toward the total permit fee required. After permit processing has commenced, no portion of the permit processing fee shall be refundable. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.450 Refunds. A. Sixty percent (60 %) of any permit fee maybe refunded to the applicant prior to the expiration of the permit; provided, that the work authorized under the permit has not commenced. Thirty percent (30 %) of the permit fee may be refunded to the applicant after a permit has expired; provided, that the work has not commenced, but in no case shall any refund be allowed after one (1) year from the date of expiration of the permit. Requests for refund shall be in writing. Any expenses incurred by the city other than the permit processing fee may be deducted from the refund. B. If there was an error in calculating the amount of the permit fee and such error resulted in overpaym ent of the perm it fee, the am ount of overpaym ent m ay be refunded. (O rd. 25 -10 § 3 (Exh. B) (part)) 7.28.460 Fees — Partially completed work. A. Where permits expire and the work has not been completed and anew permit is subsequently issued for the completion of the work, the fee for the new permit shall be based upon the fee schedule in effect at the time of issuance of the new permit based on the valuation to complete the work as determined by the Building Official (not on the original valuation assigned to the permit). Percent of Original Completed Permit Inspections Fee 1. If no inspections have 30 been made 2. If a foundation 27 inspection has been made 3. If the underground 24 inspections have been m ade 4. If the underfloor frame 21 inspection has been m ade 5. If the rough electric and 18 rough plumbing inspections all have been made 6. If the frame inspection 15 has been made 7. If the exterior lath 12 inspection has been made 8. If the insulation 9 inspection has been m ade 9. If the wallboard 6 inspection has been made B. The fee determined by the foregoing shall be rounded to the nearest dollar. C. The foregoing is intended to apply to conventional wood -frame construction and is based on the number of inspections remaining to be made. Where the work is not conventional wood -frame construction, or does not constitute a complete building, or is a structure other than a building, the Building Official shall establish the fee based upon the number of inspections remaining to be made. The fee so established shall not exceed thirty percent (30 %) or be less than six percent (6 %); however, in no case shall the fee be less than the minimum permit fee approved under Section 7.28.430. D. Where anew permit is applied for more than one (1) year after the expiration of the original permit, the fee shall be based on the valuation of the work remaining to be done. The valuation shall be determ ined by the Building Official based on the cost to complete the work (not on the original valuation assigned to the permit) and the fees shall be based upon the fee schedule in effect at the time of the issuance of the new permit. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.470 Additional fees for changes. A. After a permit has been issued, minor changes or additions may be allowed under any permit when approved by the Building Official. However, additional fees shall be required when the perm it fee calculated for both the original work and the work in the proposed change exceeds the original permit fee by ten percent (10 %). The additional fee shall be the difference between the original fee and the new fee. B. Any change in use or in the number of guest rooms or dwelling units shall require the submission of a new application and the payment of an additional fee. C. Any change which does not increase the amount of the original permit fee by ten percent (10 %) but requires additional plan checking shall require the payment of a plan checking fee. D. No refund shall be allowed for changes which would decrease the amount of the permit fee. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.480 Reinspections. Where an inspection is made and corrections are required and said corrections require more than one (1) reinspection, or where an inspection has been called for and the work to be inspected is not ready for inspection, or where the approved plans and specifications are not on the job site, a reinspection fee shall be paid prior to making the reinspection. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.490 Code compliance survey. The owner of any property on payment of the required fee may request an inspection to determine if a building, structure or installation is in compliance with this chapter and the city zoning ordinance. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.500 Inspection fee —Moved building. Prior to application for permits to move a building, structure, electrical, plumbing or mechanical installation, a moved building inspection shall be required. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.510 Plan and specification storage fee. A plan and specification storage fee shall be paid at the time of issuance of a permit for buildings for plans and specifications that are required to be maintained by Section 19850, Health and Safety Code of the State of California. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.520 Fees for additional plan checking. A rechecking fee shall be paid prior to performing additional plan checking or prior to approval of the plans where incomplete plans and specifications are submitted for checking and complete rechecking is required, or where corrections are not completely or correctly made and additional plan checking is required, or where changes are made to the plans and specifications which require additional plan checking, or when the project involves deferred submittal documents as defined in Section 7.28.310(C). (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.530 Fees —Other inspection services. The fee for other inspection services provided by the city for which no specific fee is established shall be at an hourly rate. (Ord. 25 -10 § 3 (Exh. B) (part)) Article V. Inspections 7.28.540 Generally. All construction or work for which a permit is required shall be subject to inspection by the Building Official and certain types of construction shall have continuous inspection by special inspectors, as specified in Section 7.28.590. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.550 Approvals required. A. No work shall be done on any part of the building or structure, electrical, plumbing or mechanical installation beyond the point indicated in each successive inspection without first obtaining the written approval of the Building Official. Such written approval shall only be given after an inspection shall have been completed for each previous step in the construction. Written approvals may be indicated on an inspection record card which is provided for that purpose. All tests required by this chapter shall be conducted in the presence of the Building Official. If the work will not pass the test, necessary corrections shall be made and the work shall be retested. B. If the work inspected does not comply with this chapter or any other applicable law, ordinance, rule, or regulation, written notice shall be given indicating the nature of the violation. Such notice may be delivered to the perm ittee, or the person in apparent control of the work on the site, or may be posted in a conspicuous place on the site. Refusal, failure or neglect to comply with such notice within ten (10) days shall be considered a violation of this chapter and any other applicable law, ordinance, rule or regulation. C. Whenever a licensed contractor has failed to make corrections in the time specified in the notice, the Building Official may refuse to issue permits for any other work to be performed by such contractor at any location within the city until all necessary corrections have been made. D. Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official conveniently to make the required entries thereon regarding inspection of the work. This card shall be made available by the permit holder until final approval has been granted by the Building Official. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.560 Inspection required before use commences. No work shall be covered, concealed or put to use until it has been tested, inspected, and approved as prescribed by this chapter and any other applicable law, ordinance, rule or regulation. Any such work which has been covered or concealed before being inspected, tested and approved shall be uncovered for inspection after notice to uncover has been given by the Building Official. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.570 Notification for inspections required. The perm ittee or his agent shall notify the Building Official when construction work is ready for inspection and make the necessary arrangement for inspection of the work for each of the following inspections: A. Underground. When the excavation for any underground gas, water, sewage, steam, electrical lines, cables or conduits, or any ventilating ducts, septic tanks or fuel tanks or drainage fields, has been completed and all such lines, cables, conduits or ducts and tanks are in place and are ready for any required tests, but before backfilling; B. Foundation. When the excavation for foundations is completed and forms and required reinforcing steel are in place but before any concrete is placed; C. Drainage for Retaining Walls. When any required drainage facility is in place but before backfilling; D. Underfloor. When all gas, water, steam, sewage, electrical lines, cables or conduits, or any ventilating ducts are in place and ready for any required tests but before any concrete, wood or steel flooring is placed; E. Underfloor Framing. When all the underfloor framing, bracing and supports are in place and when all underfloor, electrical, plumbing, and mechanical work is in place but before any flooring is installed; F. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including a basement, and prior to further vertical construction, the elevation certification required by Chapter 7.24 shall be submitted to the Floodplain Administrator; G. Shearwall or Diaphragm. When shearwalls or diaphragms are installed and nailed or otherwise fastened to the structural framework and all hold downs, drag ties, chord splices, and anchor bolts are in place, but before any of the foregoing is covered or concealed; H. Rough. When the roof, walls, floors, framing, bracing and supports are in place and all gas, water, drainage, and vent piping; all electrical cable, conduit, panels, outlets, junction boxes and wiring; and all ventilating ducts equipment, vents and flues are in place and ready for any required tests but before any such work is covered or concealed; I. Wood Frame. When all roof, wall, floor, framing, bracing, blocking, and chimneys are in place and all electrical, plumbing and mechanical work is in place but before any such work is covered or concealed; J. Reinforced Concrete. When forms and reinforcing steel, sleeves, and inserts, and all electrical, plumbing and mechanical work is in place but before any concrete is placed; K. Structural Steel. When all structural steel members are in place and all connections are complete but before such work is covered or concealed; L. Reinforced Masonry. In grouted brick masonry, when the vertical steel is in place and other reinforcing steel, bolts, anchors, and inserts are distributed. In masonry blocks, when the units are laid up, and any reinforcing steel, bolts, anchors, and inserts are in place and when required cleanouts are installed but prior to placing any grout; M. Insulation. When all insulation is in place but before the insulation is covered; N. Lath. When all backing and lathing, interior and exterior, is in place but before any plaster is applied; O. Wallboard. When all wallboard is in place but before joints and fasteners are taped and finished; P. Suspended Ceilings. When the hangers, lighting fixtures, air diffusers, fire dampers, protective boxes, and the runners and supporting members are in place but before the ceiling is installed; Q. Fire Dampers. When the fire dampers are installed in the openings to be protected but before the ducts are connected; R. Final. When all construction work including electrical, plumbing and mechanical work, exterior finish grading, required paving, and required landscaping is completed and the building, structure or installation is ready to be occupied or used but before being occupied or used. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.580 Other inspections. In addition to the foregoing called inspections, the Building Official may make or require any other inspection of any construction work to ascertain compliance with the provisions of this chapter and any other applicable law, ordinance, rule, or regulation. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.590 Special inspections. A. In addition to the inspections required by Sections 7.28.540 through 7.28.580, special inspections shall be provided in accordance with Chapter 17 of the California Building Code /International Building Code. B. The inspection program required to be submitted in Section 7.28.310 shall designate the portions of the work to have special inspection and indicate the duties of the special inspectors. The special inspector shall be employed by the owner, the architect or engineer of record, or an agent of the owner, but not the contractor or any other person responsible for the work. When structural observation is required by the architect or engineer of record or the Building Official, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for submission of reports. C. Structural observation or special inspection does not include or waive the responsibility for inspections required by Section 1704 of the California Building Code /International Building Code, Section 7.28.570, or other sections of this code. D. Exception. The Building Official may waive the requirement or the employment of a special inspector if the construction is of a minor nature. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.600 Inspections —Moved buildings, structures, installations or systems. A. Notwithstanding the provisions of Section 7.28.220, all existing buildings or structures, including all electrical, plumbing or mechanical installations, and all existing electrical, plumbing and mechanical installations which are moved into or within the city shall comply with all the requirements of this chapter for new buildings, structures, or installations. Moved apartment houses and dwellings may retain existing materials and methods of construction; provided, however, this section shall not be interpreted to permit such apartment houses and dwellings to become or continue to be a dangerous building or substandard building. B. Prior to issuance of a permit to move any building, structure, electrical, plumbing or mechanical installation into or within the city, the Building Official shall inspect the building, structure, electrical, plumbing or mechanical installation proposed to be moved for compliance with this chapter and any other law, ordinance, rule, or regulation. The Building Official may require the applicant to remove all or a portion of the wall or ceiling and any other material to inspect concealed portions of the building, structure, electrical, plumbing or mechanical installation proposed to be moved. If, after inspection of the building, structure, electrical, plumbing or mechanical installation proposed to be moved, the Building Official determines that it is not practical to alter the building, structure, electrical, plumbing or mechanical installation so that it will comply with the foregoing provisions, the Building Official may deny the application for a permit. The Building Official shall notify the applicant in writing, stating the reason for such denial. C. After the building has been moved it shall be placed upon anew foundation as soon as practical but not later than one hundred twenty (120) days from the time the building was moved to the site. If after one hundred twenty (120) days the building has not been placed on the foundation, said building shall be deemed to be a public nuisance and may be abated in accordance with the procedures specified in Chapter 7.52 or by any other remedy available at law or in equity. (Ord. 25 -10 § 3 (Exh. B) (part)) Article M. Occupancy 7.28.610 Generally. No building, structure, electrical, plumbing, or mechanical installation or portion thereof shall be occupied or used unless the Building Official has made final inspections and approved the work regulated by this chapter and all work required by other city departments or other agencies has been inspected and approved by such department or agency. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.620 Approval to connect utilities. No person shall supply water, electrical energy, or fuel gas to any building, structure, electrical, plumbing or mechanical installation until the building, structure, electrical, plumbing or mechanical installation has been inspected and approved by the Building Official. The Building Official may withhold approval to supply water, electrical energy, or fuel gas to any building, structure, electrical, plumbing or mechanical installation until there is full compliance with the provisions of this chapter or compliance with applicable laws, ordinances, rules or regulations enforced by other agencies concerned with the construction of such building, structure, electrical, plumbing, or mechanical installation. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.630 Temporary or partial occupancy. The Building Official may authorize the use or occupancy of all or portions of a building, structure, electrical, plumbing, or mechanical installation prior to completion of the entire building, structure, electrical, plumbing, or mechanical; provided, that the work completed has been inspected and approved and that no hazard would result by such use or occupancy. The Building Official in granting such authorization may impose any reasonable conditions as may be necessary to protect life, health and property. Such authorization may include a time limit and may be revoked for violation of conditions and shall expire in the time specified. The Building Official may order any person supplying water, electrical energy, or fuel gas to discontinue supplying water, electrical energy, or fuel gas when authorization to use or occupy pursuant to this section has expired or been revoked. (Ord. 25 -10 § 3 (Exh. B) (part)) 7.28.640 Authority to withhold approval to occupy. A. The Building Official may withhold approval to occupy or use any building, structure, electrical, plumbing or mechanical installations until all fees charged by the city for any zoning application development approval, inspection fee or any other fee has been paid. In the case of a subdivision this provision shall apply to all buildings or structures located within said subdivision. B. The Building Official may withhold approval to occupy or use any building, structure, electrical, plumbing or mechanical installations until all development improvements including off -s ite im provem ents have been com pleted and approved by other city departm ents or any other agency concerned with said improvements. (Ord. 25 -10 § 3 (Exh. B) (part)) This page of the Dublin Municipal Code is current through Ordinance 11 -11, passed October 4, 2011. Disclaimer: The City Clerk's Office has the official version of the Dublin Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. RESOLUTION NO. 150 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, PROPERTY MAINTENANCE ORDINANCE, AND ENCROACHMENT PERMITS; AND RESCINDING RESOLUTION NO. 6 -00 WHEREAS, on January 18, 2000, the Dublin City Council adopted Resolution No. 6 -00 establishing a policy enforcing Zoning, Building, Housing and Property Maintenance violations; and WHEREAS, Resolution No. 6 -00 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law were already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; and WHEREAS, the City Council desires that certain enforcement issues be enforced without ,a complaint and that others be enforced on a complaint basis only; and WHEREAS, it is necessary to rescind Resolution No. 6 -00 for minor amendments regarding the enforcement of Conditions of Approval, Conditionally Permitted Uses, and Encroachment Permits and adopt a new resolution. NOW THEREFORE BE IT RESOLVED that the Dublin City Council does hereby adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance, and Street Encroachment Permits" attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the Dublin City Council does hereby rescind Resolution No. 6 -00. vote: PASSED, APPROVED AND ADOPTED this 6th day of October 2009, by the following AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT. None ABSTAIN: None ATTEST: Q City Clerk Reso No. 150 -09, Adopted 10 -6 -09, Item 8.4 Page 1 of 1 aL 14"�- Mayor ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, PROPERTY MAINTENANCE ORDINANCE, AND STREET ENCROACHMENT PERMITS This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, Property Maintenance Ordinance, and Encroachment Permits. A. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. Home Occupations 2. Sheds visible over fences and walls. 3. Sign Regulations with the exception of those signs identified in B -4, B -5, B -15, and B -17 below. 4. Basketball hoops in the public right -of -way. B. THE FOLLOWING SHALL BE ENFORCED WITHOUT A COMPLAINT 1. Building work observed to be under construction without permits. 2. Violations observed on property where the inspector has a legitimate reason to be on the property, such as a routine follow -up on a Variance or Conditional Use Permit, or when inspecting construction under a permit. 3. Conditions brought to the attention of the City in any manner which involves public health and safety. 4. A -frame signs. 5. Banner signs without permits. 6. Living or sleeping in vehicles parked or stored on a lot. 7. Location of required parking spaces. 8. Outdoor display of merchandise. 9. Off - street recreational vehicle parking. 10. Parking of unlicensed or inoperable vehicles. 1 I . Parking within a designated parking space. 12. Property Maintenance Ordinance. 13. Repair of automobiles or other-vehicles in the driveway which are not registered to the occupant of a residence. 14. Repair or dismantling of vehicles in front of a residence. 15. Temporary political signs. 16. Temporary promotional signs including balloons, pennants and streamers.. 17. Vehicle signs. 18. Violations of the Zoning Ordinance relating to a Temporary Outdoor Sale Not Related to On -Site Established Businesses. Such a sale would be by a non- Dublin business that is not an on -site established Dublin business with all necessary Iicenses and permits. 19. Conditions of Approval. 20. Conditional uses operating without a Conditional Use Permit. 21. Encroachments which require a permit. EXHIBIT A C. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. In establishing this policy, the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and is not investigated because a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforced as though a complaint had been registered. D. ANONYMOUS COMPLAINTS All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Community Development Director, Public Works Director, or Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director, Public Works Director, or Building Official. E. COMPLAINT INFORMATION Any person making a complaint can give their name, address, and phone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. F. INVESTIGATIONS OF COMPLAINTS ARE NOT PUBLIC RECORDS Section 6254 of the Government Code provides that records of investigations of complaints are not public records. Therefore, investigations of complaints will be kept confidential, and information will not be disclosed except as required by a court order.