Chapter 15.05
UNIFORM ADMINISTRATIVE CODE
Sections:
15.05.015 Time limitation of application.
15.05.040 Violations and penalties.
15.05.050 Recordation of notice and order.
Prior legislation: Code 1965 § 9150; Code 2002 § 14-61; Ord. Nos. 99-7, 07-13 and 11-1.
15.05.010 Purpose.
The purpose of this Code is to provide for the administration and enforcement of the City of Concord Construction Code. The “City of Concord Construction Code” means, collectively, the following:
(1) Building Code, as adopted in Section 15.10.010.
(2) Electrical Code, as adopted in Section 15.15.010.
(3) Plumbing Code, as adopted in Section 15.20.010.
(4) Mechanical Code, as adopted in Section 15.25.010.
(5) Abatement of Dangerous Buildings Code, as adopted by Section 15.30.010.
(6) Housing Code, as adopted in Section 15.35.010.
(7) Residential Building Code, as adopted in Section 15.40.010.
(8) Historical Building Code, as adopted in Section 15.42.010.
(9) Existing Building Code, as adopted in Section 15.43.010.
(10) Green Building Code, as adopted in Section 15.45.010.
(11) Energy Code, as adopted in Section 15.47.010.
(12) Existing unreinforced masonry buildings, commencing with Section 15.55.010.
(13) Swimming Pool, Spa and Hot Tub Code, as adopted in Section 15.60.010.
(14) Fire Code, as adopted in Section 15.65.010.
(15) Building security, commencing with Section 15.85.010.
(16) Gas shut-off devices, commencing with Section 15.95.010.
(17) Vacant buildings, commencing with Section 8.30.010.
(18) Such other similar or related codes and regulations required to be administered and/or enforced by the Building Official.
(Code 1965, § 9151; Code 2002, § 14-62. Formerly 15.05.020. Ord. No. 97-9; Ord. No. 13-8, § 3; Ord. No. 19-1, § 2 (Exhs. C, D))
15.05.015 Time limitation of application.
Every application for a permit under the provisions of this Code for which no permit is issued within 12 months following the date of application shall automatically expire and become null and void, unless such application has been extended as provided herein. The Building Official may grant, in writing, one or more extensions of time for periods of not more than 12 months per extension. The applicant shall request an application extension in writing, submit the appropriate fees, and demonstrate justifiable cause for the extension. The application extension fee shall be an administrative processing fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, provided no changes have been made or will be made in the original plans and specifications for such application; and provided further, that such renewal is applied for within 60 days of application expiration, all as determined by the Building Official. Upon approval by the Building Official, the application shall be renewed. In all other circumstances, the application will be canceled and a new application fee must be paid.
(Ord. No. 19-6, § 1; Ord. No. 20-1, § 1)
15.05.020 Permit expiration.
Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 12 months from the date such permit is issued, or if the work authorized by such permit is suspended or abandoned for a period of more than 12 months after the work is commenced. Before such work can be recommenced, the permittee must apply for renewal of the permit. Upon approval by the Building Official the permit shall be renewed, and the fee therefor shall be one-half of the inspection fees on the existing permit, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such renewal is applied for within 60 days of permit expiration. For the purposes of this section, the permittee must obtain a passed inspection for work to be considered commenced or active.
A permittee holding an unexpired permit may apply for an extension of the time within which the permittee may commence work under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The Building Official may grant one or more extensions of time for action by the permittee for a period not exceeding 12 months per extension upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.
Notwithstanding the above provisions, every permit issued by the Building Official under the provisions of this Code shall expire and become null and void if the work authorized by such permit is not completed within three years from the date of issuance of such permit. The Building Official may extend this time on written request by the permittee showing that circumstances beyond the control of the permittee have prevented the completion of the work, and further provided the work has been ongoing and is continuing. The provisions of this paragraph shall apply to permits issued on and after January 1, 2019.
(Ord. No. 13-8, § 3; Ord. No. 19-1, § 2 (Exhs. C, D); Ord. No. 19-6, § 2; Ord. No. 20-1, § 2)
15.05.030 Fees.
Any person desiring a permit required by any of the building or related codes shall pay a fee in the amount set forth in the resolution establishing fees and charges for various municipal services. Unless specifically stated otherwise in this Code, in the resolution establishing fees and charges for various municipal services, or by law, fees shall be paid prior to the issuance of the permit or release of the approved revisions associated with an existing permit.
(Code 1965, § 9152; Code 2002, § 14-63. Ord. No. 97-9; Ord. 13-8, § 3; Ord. No. 19-1, § 2 (Exhs. C, D))
15.05.040 Violations and penalties.
It shall be unlawful for a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building, structure, or building service equipment, or cause or permit the same to be done, in violation of this Code and the technical codes. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor for each and every day, or portion thereof, such violation continues. Upon conviction of any such violation, such person, firm, or corporation shall be punishable in accordance with Section 1.05.230.
(Code 1965, § 9153; Code 2002, § 14-64. Ord. No. 97-9; Ord. 13-8, § 3; Ord. No. 19-1, § 2 (Exhs. C, D))
15.05.050 Recordation of notice and order.
(a) Recordation. Notwithstanding any provision of the Concord Municipal Code (or any code, rule, or regulation adopted pursuant thereto) to the contrary, if the city determines that any property, building, structure, or any part thereof constitutes a public nuisance and/or is in violation of any provision of the Concord Municipal Code (or any code, rule, or regulation adopted pursuant thereto, or any permit issued pursuant thereto) (collectively, “violation”) and such violation has not been fully abated or corrected, as determined by the Chief Building Official, within a 10-day period after service of written notice to the record owner of the property on which the violation exists pursuant to Section 8.25.080(a)(1) (Notice to abate), then the Chief Building Official or designee, in his/her sole discretion, may record a notice of substandard property with the Contra Costa County Recorder’s office against the property, referred to herein as a “notice and order.” As used in this section, “fully abated or corrected” includes the procurement of all required approvals, permits, licenses and the passage of all required inspections. Recordation of a notice and order pursuant to this section shall not be appealable.
(b) The Chief Building Official or designee shall cause copies of the recorded notice and order to be served upon the record owner of the premises on which a violation or public nuisance exists (or existed); and one copy thereof shall be served on each of the following if known to the Chief Building Official or disclosed from public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure to serve any person required herein to be served, and the failure of any person required herein to be served to receive copy of a notice of substandard property or a notice of rescission of substandard property, shall not invalidate the recorded notice and order.
(c) The Chief Building Official or designee shall record a rescission of a notice and order with the Contra Costa County Recorder’s office within 30 days of his/her determination that the violation has been fully abated or corrected or the building demolished so that it no longer exists as a substandard building. Recordation of a rescission of notice of substandard property is also authorized when the Director, or designee thereof, has determined that a notice of substandard property was recorded in error.
(Ord. No. 19-1, § 2 (Exhs. C, D))