Chapter 15.04 ADMINISTRATION OF BUILDING CODES*

* For statutory provisions on administration and enforcement of housing laws, see Health and Safety Code § 17960.
Prior legislation: Ords. 326 C.S., 75-20, 77-28, 83-25, 85-13, 87-11, 87-14 and 88-1.

15.04.010 Purpose.

It is the purpose of this chapter to coordinate the administration of the construction codes by establishing uniform procedures. Unless other procedures are stated elsewhere in this chapter, the administrative procedures established by this chapter shall be controlling and any conflicting provisions in the construction codes shall be disregarded. (Ord. 89-29 § 1, 1989).

15.04.020 Definitions.

A. As used in this title, unless otherwise apparent from the context, the following words and phrases shall have the stated meaning:

1. “Building Department” means the office of building inspection and zoning enforcement of the City.

2. “Building Official” and “administrative authority” mean the Chief Building Official of the City and/or her/his duly appointed deputies or assistants.

3. “Class B noise” includes noise created or generated within or adjacent to residential property which is necessary and normally associated with property maintenance and construction. Class B noise includes, but is not limited to, noise created by power equipment and tools, appliances, workshops, vehicle repairs and testing, and construction projects.

4. “Construction codes” means those certain building construction codes adopted by the City and made a part of the municipal code.

5. “Demolition” is the complete destruction and removal/takedown of all above- and/or below-ground elements of a building or structure excluding basements that are in conformance with all building and zoning standards.

6. “Escape room” means a room in which patrons or participants are confined or enclosed in a room or space in which the means of egress and exit doors are intentionally obscured requiring the occupants to find a means of escape (the means of egress) by discovering hidden clues and solving a series of riddles, puzzles or problems.

7. “Existing building” is a building erected prior to the adoption of this code, or one for which a legal building permit has been issued. All additions and/or changes to any existing building shall be reviewed by the Department of Community Planning and Building and/or the Planning Commission.

8. “Garden fence” is an enclosure or barrier made of wood or metal, used as a boundary, means of protection, privacy screening, or confinement, but not including walls, masonry structures, hedges, shrubs, trees or other natural growth.

9. “Garden wall” is a linear, masonry structure used within a landscape to define a boundary, path, planting area or other design feature. Garden walls are exposed on both sides and do not retain soil, slopes or terraces. (See also “Retaining wall.”)

10. “Person” includes an individual, corporation, partnership, firm, association, and legal representative of an estate or person.

11. “Projection” means a building feature connected to and supported by the exterior walls of a building or structure that extends horizontally beyond the vertical plane of the exterior side of the building foundation walls. Projections include such features as eaves, decks, balconies, chases, and bay windows, etc.

12. “Rebuilding” is the act of making extensive repairs and/or modifications to an existing building or structure. “Rebuilding” shall include, but not be limited to:

a. The removal/takedown from any building or structure of more than or equal to 50 percent of any of the following:

i. The external surfaces or cladding of exterior walls; and/or

ii. The structural framing of exterior walls; and/or

iii. The roof framing; and/or

b. Obscuring from view 50 percent or more of the exterior walls or wall cladding of any building or structure through construction of an addition, or by application of an exterior material over the existing exterior material.

Portions of walls, wall cladding, wall framing, or roof framing proposed to be retained shall be considered rebuilt if less than 10 feet in length for walls, wall cladding, or wall framing, or less than 100 square feet of roof framing remain. All such portions of walls, wall cladding, wall framing, or roof framing shall be included in the calculation of the total amount of walls, wall cladding, wall framing, or roof framing and considered rebuilt.

Portions of walls, wall cladding, wall framing, or roof framing that are nonconforming (Chapter 17.36 CMC, Nonconforming Uses and Buildings), and are not proposed for removal/takedown, shall not be included in the calculation of the total amount of walls, wall cladding, wall framing, or roof framing to be retained.

13. “Retaining wall” means a wall that holds back earth, water, or other liquids.

14. Special Amusement Building. A “special amusement building” is any temporary or permanent building or portion thereof that is occupied for amusement, entertainment or educational purposes and that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance through the building or structure.

The term “special amusement building” shall include spaces or areas used as “escape rooms.”

15. “Sphere of influence” means the area including the City of Carmel-by-the-Sea and its surrounding area as defined in the City’s General Plan.

16. “Transient rental” means any residential unit that is occupied for the purposes of sleeping, lodging, or similar reasons for a period of less than 30 consecutive days in exchange for a fee or similar consideration. These units are required to pay transient occupancy tax and are classified as a Group R-1 occupancy if the site contains more than one transient rental unit.

17. “Wall cladding” is all exterior materials of a building including wall surfaces, windows, doors, chimneys, etc.

B. Words used in the present tense include future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular.

C. Section headings, when contained herein, shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any section. (Ord. 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2008-02 § 1, 2008; Ord. 2003-01 §§ 1, 4, 5, 2003; Ord. 2001-01 § 1, 2001; Ord. 99-04 (Exh. B), 1999; Ord. 89-29 § 1, 1989).

15.04.030 Administrative Officer – Building Official.

The Chief Building Official of the City shall have the power and it shall be her/his duty, personally and through her/his authorized deputies and assistants, to enforce all the provisions of this title and all the laws of the State of California relating to buildings and construction. The Chief Building Official shall report to the Director of the Department of Community Planning and Building and/or the City Administrator. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 89-29 § 1, 1989).

15.04.040 Exemptions.

This title shall not apply to any building or structure owned by a government agency, except local agencies, as defined from time to time in Section 39090 of the Government Code, which shall comply with this title to the extent provided by Sections 53090 to 53095, inclusive, of the Government Code, as said sections now read or as they may be amended hereafter, and except the City, which shall comply with this title but which shall pay no fees except plan check fees. (Ord. 89-29 § 1, 1989; Code 1975 § 1111.3).

15.04.050 Liability of City.

The Building Official or any employee of the City charged with the enforcement of the construction codes and all other portions of this title, acting in good faith and without malice for the City in the discharge of her/his duties, shall not thereby render her/himself liable personally, and s/he is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of her/his duties. Any suit brought against the Building Official or responsible employee or her/his authorized deputies or assistants because of such act or omission performed by her/him in the enforcement of any provisions of this code, or other portions of this title, shall be defended by the City Attorney until final termination of the proceedings. (Ord. 89-29 § 1, 1989; Code 1975 § 1111.4).

15.04.060 Authority of Building Official.

The Building Official, or her/his deputy, shall have the power to cite a person and/or firm whenever s/he has reasonable cause to believe that the person/firm has committed a misdemeanor or infraction as related to this section and/or any of the uniform codes, which is a violation of this title. The Building Official shall require modifications to plans, conditions, including dedications and payment of fees, necessary for the plans to conform with other laws and ordinances. (Ord. 89-29 § 1, 1989; Code 1975 § 1111.5).

15.04.070 Permit – Required.

Except as otherwise provided in this code, no person shall do any of the following without first obtaining from the Building Official a permit therefor:

A. Building and Grading. Erect, construct, enlarge, alter, repair, move, remove, improve, convert, remodel and/or demolish any building or structure, or do any grading of 50 cubic yards or more;

B. Heating, Cooling and Ventilating. Install, alter, reconstruct, remodel or repair any heating, ventilating, comfort cooling, or refrigeration equipment, including any such equipment moved with, or installed in, any relocated building; except that no permit shall be required for: any portable heating, ventilating, comfort cooling, or evaporative cooling appliance or equipment; any steam, hot, or chilled water piping within any comfort heating or cooling equipment regulated by the California Mechanical Code; replacement of any component part or assembly of an appliance which does not alter its original approval and complies with other applicable requirements of this title; any refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the California Mechanical Code; or any unit refrigerating system;

C. Plumbing. Install, remove, alter, repair, remodel or replace any plumbing, gas or drainage piping work, or any fixture or water heating or treating equipment in a building or premises; except that no permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. Also, no permit shall be required, in the case of any repair work, for the stopping of leaks in drains, soil, waste or vent piping; provided, however, that should any trap, drainpipe, soil, waste or vent pipe be, or become, defective, and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as new work and a permit shall be obtained;

D. Electrical. Install, remodel or alter any electrical wiring, devices, appliances, apparatus or equipment within or on any building, structure or premises, or make connection therewith from a source of electrical energy, or supply electrical service thereto, when a permit for the installation or alteration thereof is required by this code, unless such permit has been issued and is still in effect; except that no permit shall be required for: the replacement of lamps; the connection of portable appliances to suitable receptacles which have been permanently installed; the installation, alteration or repair of electrical wiring, devices, appliances, apparatus, or equipment for the operating of signals or the transmission of intelligence (not including the control of lighting or appliance circuits) where such electrical wiring, devices, appliances, apparatus, or equipment operate at a voltage not exceeding 25 volts between conductors, and do not include generating or transforming equipment capable of supplying more than 50 watts of energy; electrical work performed by or for any public utility for the use of such utility in the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence in the exercise of its function as a serving utility. (Ord. 89-29 § 1, 1989; Code 1975 § 1112.20).

15.04.075 Permit – Exemptions.

A building permit shall not be required for the following:

A. One-story portable detached accessory buildings used as tool and storage sheds, playhouses and similar uses; provided, the projected roof area does not exceed 120 square feet and the floor area does not exceed that allowed for the lot size as established by zoning regulations.

B. All garden fences and garden walls not over seven feet in height above adjacent grade and within the R-1 land use district; provided, they comply with all other ordinances and requirements of this code.

C. Movable cases, movable counters and movable partitions not over five feet in height.

D. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar interior finish work.

E. Temporary motion picture, television and theater stage sets and scenery.

F. Swings and other playground equipment accessory to detached one- and two-family dwellings.

G. Retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or IIIA liquids.

H. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 99-04 (Exh. B), 1999; Ord. 89-29 § 1, 1989).

15.04.080 Permit – Application.

A. An application for a permit shall be in writing on a form provided by the Building Official, and shall contain all information necessary, in the judgment of such official, for the proper enforcement of the codes. It shall be accompanied by such plans, specifications, and other data, prepared in such number of copies and in such manner, as said official may deem necessary for such enforcement. The Building Official may require plans and specifications to be prepared and designed by an engineer, architect or building designer licensed by the State to practice as such. All plans shall include the name, address and signature of the person preparing them. The application shall be signed by the permittee or her/his authorized agent, who may be required to submit satisfactory evidence of such authority.

B. No permit shall be issued until the applicant has obtained all clearances and any required permits from other City departments and governmental agencies, including, but not limited to, encroachment, subdivision, zoning, driveway and street work and sewer connection permits. (Ord. 89-29 § 1, 1989; Code 1975 § 1112.1).

15.04.090 Permit – Fee.

A. The Building Official shall not issue a permit to any person for work which would be in violation of the State Contractors’ Licensing Law.

B. Due to the increased staff time required for review and permitting of work done under an owner’s permit, all fees established herein shall be increased in accordance with the City’s adopted fee schedule unless said owner is the holder of a valid license issued by the State Contractors’ Licensing Board indicating qualification to perform the work for which the permit is issued.

C. A plan review fee shall be charged for review of all plans and applications pertaining to a permit. The fee shall be 65 percent of the permit fee normally charged at the time of issuance. This fee shall be collected upon the submittal of the application by the applicant and may be adjusted as necessary during the plan review process.

D. Schedule of Permit Fees. On buildings, structures, driveways, gas, mechanical, plumbing, electrical systems or alterations thereof requiring a permit, a fee for each permit shall be paid as required in accordance with the fee schedule adopted by resolution of the City Council for this purpose. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 99-04 (Exh. B), 1999; Ord. 89-29 § 1, 1989; Code 1975 § 1112.2).

15.04.100 Permit – Review of Application – Issuance.

A. The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Official, and may be reviewed by other City departments to check compliance with the laws and ordinances under their jurisdiction.

B. When the plot plan indicates the construction of a driveway over, across or into any sidewalk, parkway or street area, the applicant shall also submit a valid permanent encroachment permit from the Director of Public Works for such encroachment.

C. No permit shall be issued for any building designed or intended to be used for occupancies included within Groups A-1 through A-4, E-1 through E-3, I-1 through I-3, H-1 through H-5, B-1 through B-4 and R-1 where such permit involves the remodeling, reconstruction, or alteration of an existing building which appreciably changes or alters the appearance or architecture of the exterior of such building as seen from a public street or any portion of the building site normally accessible to the general public, or in any case where such permit involves a new building, without first submitting the plans and specifications for said work to the Planning Commission for its review and approval as provided for in CMC Title 17. Planning Commission approval shall be evidenced by certification of the building permit application and two sets of plans by the Secretary of said commission.

D. Where conditions for approval require an agreement, contract or document for a stated purpose, such document or documents shall be executed before a building permit is issued.

E. When the Building Official is satisfied that the work described in an application for a permit and the plans and specifications filed therewith conform to the requirements of this code and other pertinent laws and ordinances, that the applicant has complied with the requirements of this code and other pertinent laws and ordinances and that the required fees have been paid, s/he shall issue the permit.

F. When the Building Official issues the permit, s/he shall endorse in writing or stamp on two sets of plans and specifications, “Approved.” Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Official, and all work shall be done in accordance with the approved plans. One set of approved plans, specifications and computations shall be kept on the project site at all times during which the work authorized is in progress.

G. All plans and specifications submitted to the Building Official for a permit within any commercial zone or the R-4 zone shall be drawn by a licensed architect and/or structural engineer in conformance with State law. All plans and specifications submitted to the Building Official for a permit within the R-1 zone for a house which exceeds one story shall likewise be drawn by a licensed architect and/or structural engineer in conformance with State law.

H. Applicants for a building permit which involves exterior excavation of any type shall obtain an underground utilities location survey (8-1-1/Dig Alert) ticket and shall maintain that ticket in active status throughout the duration of the project. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 99-04 (Exh. B), 1999; Ord. 89-29 § 1, 1989; Code 1975 § 1112.3).

15.04.110 Permit – Validity – Expiration.

A. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for or an approval of any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifications shall not prevent the Building Official from thereafter requiring corrections of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this code or of any other ordinance of the City.

B. Time Limitation of Applications. Applications for which no permit is issued within 180 days following the date of the application shall expire, and the plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 90 days on written request by the applicant showing that circumstances beyond control of the applicant shall have prevented action from being taken and the extension has been submitted in writing prior to the expiration date.

If a permit has not been obtained after the first extension, additional extensions of 90 days may be granted provided the applicant submits this request in writing and pays a fee as prescribed in the City’s fee schedule for each requested 90-day extension and the project has not changed in scope.

Expiration of Permits. Every permit issued by the Building Official under the provisions of this code shall expire and become null and void if the project authorized by such permit has not achieved an approval for one of the required inspections identified in Section 110.3 of the 2019 California Building Code within one year (365 days) of such permit issuance.

The Building Official may grant a one-time permit extension of 180 days provided the applicant submits a request in writing prior to the permit expiration and the project has not changed in scope. Additional extension requests of 90 days may be granted by the Building Official if the request is made in writing, the project has not changed in scope, the project has obtained at least one inspection approval and the applicant pays a fee as prescribed in the City’s fee schedule for each 90-day extension.

Before work can commence or recommence under an expired permit, a new permit application must be submitted and permit obtained along with all applicable fees applied for this new project.

All existing projects are subject to this section and will be subject to the conditions listed above.

C. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this code whenever such permit is issued in error, or on the basis of incorrect information supplied, or in violation of any law or ordinance. Whenever any work is being done contrary to the provisions of the code or other laws of the City, the Building Official may order the work stopped by notice in writing served upon any person engaged in the doing or causing of such work to be done, and such person shall forthwith stop such work until authorized by the Building Official to proceed therewith. No person shall perform any of the work authorized by a permit after such permit has been suspended or revoked. (Ord. 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 89-29 § 1, 1989; Code 1975 § 1112.4).

15.04.120 Inspection.

It is the duty of the permittee or her/his agent to call for all inspections required by this code and by the inspection record card portion of her/his permit, and to be sure that the work is ready for inspection. Such call for inspection shall be made not less than one full day in advance of the time the work will be ready exclusive of Saturdays, Sundays and holidays. If such work is not ready for inspection a reinspection fee may be charged as provided for in CMC 15.04.150 and the City’s fee resolution. No inspections shall be made until a permit for the work has been issued and paid for. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 89-29 § 1, 1989; Code 1975 § 1113.0).

15.04.130 Enforcement – Right of Entry.

A. The Building Official and her/his authorized deputies and assistants shall enforce and administer this title, and shall keep proper records of all official transactions of her/his office. The Building Official shall render to the City Council a monthly report of all permits issued and fees collected pursuant to this title, and shall deposit all such fees with the City finance officer, to the credit of the General Fund.

B. Whenever necessary to make an inspection to enforce any provision of this title or of the model codes adopted herein, or whenever the Building Official or her/his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in the 2015 International Property Maintenance Code, the Building Official or her/his authorized representative may enter such building or premises at all reasonable times to inspect same or to perform any duty imposed on the Building Official by this code; provided, that if such building or premises be occupied, s/he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, s/he shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the building or premises and demand entry.

If such entry is refused, the Building Official or her/his authorized representative shall have recourse to every remedy provided by law to secure entry. “Authorized representative” shall include duly appointed deputies and assistants.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Building Official or her/his authorized representative for the purpose of inspection and examination pursuant to this title. Any person violating this section shall be guilty of an infraction. (Ord. 2020-01 § 1, 2020; Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 99-04 (Exh. B), 1999; Ord. 89-29 § 1, 1989; Code 1975 § 1113.1).

15.04.140 Commencing Work Without a Permit – Penalty Fee.

Where work for which a permit is required is commenced prior to obtaining said permit the fees shall be doubled and an investigation fee as prescribed in the City’s fee schedule shall be due prior to permit issuance. The payment of such investigation fee and double permit fees shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 89-29 § 1, 1989; Code 1975 § 1113.2).

15.04.150 Reinspection Fee.

Whenever reinspection of any work becomes necessary because of faulty or incomplete work, or because the work is not ready for the called inspection, a reinspection fee in an amount established by the City Council from time to time by resolution may be assessed, and, if assessed, shall be paid before any reinspection shall be made. (Ord. 89-29 § 1, 1989; Code 1975 § 1113.2(b)).

15.04.160 Inspection – Permit Required.

No inspections shall be made until permits for the work have been obtained by the owner or her/his authorized agent. (Ord. 89-29 § 1, 1989; Code 1975 § 1113.2(c)).

15.04.170 Board of Appeals – Created.

In order to determine the suitability of alternate materials, methods and types of construction and to provide for reasonable interpretations of provisions of this title, as well as compliance with the requirements and interpretations of the provisions of the Americans with Disabilities Act of 1990, as amended (42 USC § 12101 et seq.), a Board of Appeals is created, the members of which shall be appointed by the Mayor, with the consent of the City Council and shall serve at the Mayor’s pleasure. The Board of Appeals shall be the “local appeals board,” the “housing appeals board,” and the “board of appeals” as those phrases are defined and used in the California Building Code, California Fire Code, or any other code under this title as the same may apply to the City of Carmel-by-the-Sea either by express adoption or by operation of law. The City Clerk or City Clerk’s designee shall act as Secretary to the Board of Appeals. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2014-04 § 1, 2014; Ord. 89-29 § 1, 1989; Code 1975 § 1115.0).

15.04.180 Board of Appeals – Membership.

The Board shall be composed of five core members, and two disabled access members, with disabled access members attending the Board of Appeals meeting only for appeals that relate to access to public accommodations by physically disabled persons. The five core members shall be qualified as follows: one architect or one licensed engineer, one general contractor, one member with expertise in fire protection systems, one member with expertise in fire prevention, and one other who may have expertise in the construction or building field or who may be a layperson. At least four members of the Board shall be residents of the City and/or its sphere of influence. The Board shall develop reasonable rules and regulations for conducting its business at each hearing and deliver a copy thereof to the Secretary and to the Building Official at the time of each hearing. Said rules and regulations should be available to the public. The Board shall render its decision and findings in writing and furnish a copy thereof to the appellant, Secretary, and Building Official. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2014-04 § 1, 2014; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 89-29 § 1, 1989; Code 1975 § 1115.0(a)).

15.04.190 Board of Appeals – Hearing.

The Board of Appeals shall hear appeals from all decisions of the Building Official, including items related to compliance with ADA requirements, the denial of a variance from the provisions of this title or of the Building Code and related codes herein adopted, and requests for variances from any provision of this title or of the Building Code and related codes herein adopted referred to it by the Building Official. Upon such reference, or upon appeal, it shall have the same power as the Building Official to grant such variances and impose conditions thereon. (Ord. 2014-04 § 1, 2014; Ord. 89-29 § 1, 1989; Code 1975 § 1115.0(b)).

15.04.200 Board of Appeals – Form of Procedure.

Appeals to the Board of Appeals shall be in writing and shall be filed with its Secretary within 10 days after written notice of the decision of the Building Official has been mailed to the applicant. The Board of Appeals shall hear appeals and applications for variances referred to it by the Secretary after not less than five days’ notice in writing to the Building Official and the appellant or applicant. (Ord. 2014-04 § 1, 2014; Ord. 89-29 § 1, 1989; Code 1975 § 1115.0(c)).

15.04.210 Board of Appeals – Compensation.

Members of the Board of Appeals shall serve without compensation, but shall receive their actual and necessary travel expenses in the performance of their duties. (Ord. 89-29 § 1, 1989; Code 1975 § 1115.0(d)).

15.04.220 No Appeal to City Council.

The Board of Appeals is the final City decision-maker for items coming before the Board. (Ord. 2014-04 § 1, 2014; Ord. 89-29 § 1, 1989; Code 1975 § 1115.1(a)).

15.04.230 Appeal to City Council – Hearing.

Repealed by Ord. 2014-04. (Ord. 89-29 § 1, 1989; Code 1975 § 1115.1(b)).

15.04.240 Appeal from Actions to Abate Dangerous Buildings.

The appeal provisions for the 2016 International Property Maintenance Code, as adopted, may be followed where they conflict with or expand upon the appeal provisions of CMC 15.04.170 through 15.04.240. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 89-29 § 1, 1989; Code 1975 § 1115.2).

15.04.250 Violation of Building Code – Penalty.

The penalty provision of the California Building Code shall apply to all violations of said code. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this code.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted, and shall be deemed guilty of an infraction. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1115.2(d)).

15.04.260 Violation of Residential Code – Penalty.

The penalty provision of the California Residential Code shall apply to all violations of said code. It reads:

No person, firm or corporation, whether as owner, lessee, sublessee, occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. Any person violating the provisions of this section shall be guilty of an infraction for each day such violation continues.

(Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1115.2(e)).

15.04.270 Violation of Mechanical Code – Penalty.

The penalty provision of the California Mechanical Code shall apply to all violations of said code. It shall be unlawful for any person, firm or corporation to erect, install, alter, repair, relocate, add to, replace, use, or maintain heating, ventilating, cooling, or refrigeration equipment in the jurisdiction, or cause the same to be done, contrary to or in violation of any of the provisions of this code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this code shall constitute a continuing violation of this code.

Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of an infraction and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or permitted. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1115.2(f)).

15.04.280 Violation of Abatement of Dangerous Buildings – Penalty.

The penalty provisions of the California Building Code as it relates to the abatement of dangerous buildings shall apply to all violations of said code. No person, firm or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code or any order issued by the Building Official hereunder. Any person violating the provisions of this section shall be guilty of an infraction for each day such violation continues. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1115.2(g)).

15.04.290 Violation of Plumbing or Electrical Code – Penalty.

Violations of any provisions of the California Plumbing Code, the California Electrical Code, or any other code adopted by the City for which no specific penalty provision or maximum punishment has been adopted, shall be an infraction. Each separate day, or portion thereof, during which any such violation continues shall be deemed a separate offense. (Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1115.2(h)).

15.04.300 Effective Date of Codes.

The effective date for the latest edition of all codes contained within this title shall remain in effect until a subsequent title is adopted. The Building Official shall maintain on file at all times the current editions of all codes currently in effect. (Ord. 2008-02 § 1, 2008; Ord. 89-29 § 1, 1989; Code 1975 § 1122.2).