Chapter 10-1 BUILDINGS

Chapter 10-1
BUILDINGS

Sections:

Article 1. Uniform Codes

10-1-100 Prohibition of scope.

10-1-105 Definitions.

10-1-110 Codes adopted by reference.

10-1-115 Repealed.

10-1-120 Penalties.

Article 2. Construction of Curbs,
Gutters and Sidewalks

10-1-200 Findings.

10-1-205 Construction required when.

10-1-210 Street repair, cleanup.

10-1-215 Bonds.

10-1-220 Exemption.

10-1-225 Person defined.

Article 3. Water Meter Responsibilities

10-1-300 Property owners.

Article 4. Repealed

Article 5. Fences

10-1-500 Fence defined.

10-1-505 Height and location of fences.

Article 6. Fees

10-1-600 Building code fees.

10-1-605 Mechanical code fees.

10-1-610 Fees for permits and inspections – National Electric Code, Uniform Plumbing Code.

Article 1. Uniform Codes

10-1-100 Prohibition of scope.

(A) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City of San Juan Bautista or to cause the same to be done contrary to or in violation of this Chapter or in violation of any of the provisions of the Codes adopted thereby.

(B) The provisions of this Chapter shall apply to all buildings or structures in the incorporated territory of the City of San Juan Bautista.

10-1-105 Definitions.

Whenever in any of the Codes adopted hereby, the following names or terms are used, such names or term shall have the meaning ascribed to it by this Section as follows:

(A) “Building Official,” “Plumbing Official,” “Administrative Authority,” and “Chief Electrical Inspector” shall mean the Building Inspector of the City of San Juan Bautista.

(B) “City” shall mean the City of San Juan Bautista.

(D) “City Council” shall mean the City Council of the City of San Juan Bautista.

(E) “Fire Chief” shall mean the Fire Chief of the City of San Juan Bautista.

(F) “Housing Act” shall mean the State Housing Act presently set forth in Section 1500 et seq. of the Health and Safety Code of the State of California.

10-1-110 Codes adopted by reference.

(A) The following codes in their entirety, which are on file and available for public inspection at City Hall, are adopted by reference as if set forth in full herein. The 2022 Edition of the California Building Standards, Title 24 of the California Code of Regulations, consisting of the following parts:

Part 1	California Administrative Code.
Part 2	California Building Code (Vols. 1 and 2)
Part 2.5	California Residential Code
Part 3	California Electrical Code
Part 4	California Mechanical Code
Part 5	California Plumbing Code
Part 6	California Energy Code
Part 8	California Historical Building Code
Part 10	California Existing Building Code
Part 11	California Green Building Standards Code
Part 12	California Referenced Standard Code

(B) Engineering Design Standards, Standard Specifications, Standard Plans. The City of Hollister Engineering Design Standards, Standard Specifications, and Standard Plans, adopted June 1992, as amended from time to time, shall be the latest and current edition of the City of San Juan Bautista Engineering Design Standards, Standard Specifications, and Standard Plans.

10-1-115 UBC Chapter 70 appendix adopted.

Repealed by Ord. 2023-03.

10-1-120 Penalties.

Any person, firm or corporation violating any part of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than six (6) months or by both such fine and imprisonment, each separate day or any portion thereof during which violation occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as herein provided.

Article 2. Construction of Curbs, Gutters and Sidewalks

10-1-200 Findings.

The existence of unimproved curbs, gutters, and sidewalks adjoining dwellings and buildings within the City of San Juan Bautista is hereby found and declared to be prejudicial to the public health, safety and welfare of the inhabitants of said City.

10-1-205 Construction required when.

Any person who constructs or causes to be constructed any building or dwelling in the City of San Juan Bautista shall construct curbs, gutters and sidewalks in accordance with the City of San Juan Bautista specifications along all street frontage adjoining the property upon which such building or dwelling is constructed, unless adequate curbs, gutters or sidewalks already exist; provided, however, that in areas not subdivided or parceled into lots of one-half (1/2) acre or less, such curbs, gutters or sidewalks need not extend a greater distance than the side yards or the side and rear yards in the case of corner lots. Whether or not adequate curbs, gutters or sidewalks already exist shall be determined in each instance by the Building Inspector of the City of San Juan Bautista, and an endorsement to that effect shall be made upon each building permit at the time it is issued.

10-1-210 Street repair, cleanup.

Contractors or others installing curbs and gutters shall repair the street and clean up the area in a manner equal to the condition of the area before commencement of the work.

10-1-215 Bonds.

The Building Inspector shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any such building or dwelling unless said curbs, gutters or sidewalks exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the City of San Juan Bautista in a sum equal to the estimated cost of the construction of said improvements as determined by the Building Inspector of the City of San Juan Bautista.

10-1-220 Exemption.

The regulations prescribed in SJBMC 10-1-205 and 10-1-210 shall not apply to any building or dwelling the construction of which began prior to the effective date of this Article (April 20, 1965).

10-1-225 Person defined.

As used in this Article, the term “person” shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind.

Article 3. Water Meter Responsibilities

10-1-300 Property owners.

The owner of any real property containing more than one (1) dwelling or commercial unit, which is served by a single water meter, shall be responsible for the payment to the City of San Juan Bautista, for all water delivered through said meter.

Article 4. Control and Regulation of
Moving of Houses

(Repealed by Ordinance 2007-06)

Article 5. Fences

10-1-500 Fence defined.

“Fence” means any structure forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials.

10-1-505 Height and location of fences.

Fences, walls, and hedges may be located in required yards as follows:

(A) If not exceeding at any point six feet (6') in height above the elevation of the surface of the ground at such point, such may be located in any yard or court, except as hereinafter specified.

(B) If not exceeding at any point eight feet (8') in height above the elevation of the surface of the ground at such point, they may be located in any required rear yard or side yard, provided that on a corner lot, abutting in the rear the side lot line of another lot in an R District, no such fence, wall, or hedge within twenty-five feet (25') of the common lot line shall be closer to the side street lot line than one-half (1/2) the least depth of the front yard required on such other lot fronting the side street.

(C) On a corner lot a fence or hedge over four feet (4') in height above the average crown of adjacent streets shall be not less than twenty feet (20') from the point of intersection of the street right-of-way lines, or said lines extended, or less than ten feet (10') from said right-of-way at any point.

(D) Where such fence, wall, or hedge is located within the required front yard, it shall not obscure visibility above a height of three feet (3') above the elevation of the surface of the ground.

(E) The height of a wall or fence along any side or rear yard may exceed the requirements in this Article if the City Manager or his designee determines that the additional height is needed to mitigate noise impacts or provide screening from adjoining State Highway 156. The wall or fence shall not exceed the height necessary to mitigate noise and screen undesirable views.

(F) Fences and walls shall be located to maintain a minimum of three feet (3') of clearance around the circumference of any fire hydrant.

Article 6. Fees

10-1-600 Building code fees.

Sections 304 and 305(g) of the Uniform Building Code, are hereby amended to read as follows:

Section 304. FEES.

(a) General. Fees shall be assessed in accordance with the provisions of this section.

(b) Permit Fees. A fee for each building permit, in the amount set forth in the applicable fee schedule resolution adopted by the City Council, shall be paid to the City. The determination of value or valuation under any of the provisions of this Code and the applicable fee schedule resolution shall be made by the City Manager. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and other permanent equipment.

(c) Plan Review Fees. When a plan or other data is required to be submitted by Subsection (b) of § 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in the applicable fee schedule resolution adopted by the City Council.

The plan review fees specified in this subjection are separate fees from the permit fees specified in § 304(a) and are in addition to the permit fees. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the applicable fee schedule resolution adopted by the City Council.

(d) Expiration of Plan Review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The City Manager may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(e) Investigation Fees. Work Without a Permit.

(1) INVESTIGATION. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

(2) FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to two (2) times the amount of the building permit fee as set forth in the applicable fee schedule resolution adopted by the City Council. The minimum investigation fee shall be equal to three (3) times the amount of the minimum building permit fee as set forth in the applicable fee schedule resolution adopted by the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law.

(f) Fee Refunds.

(1) The City Manager may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

(2) The City Manager may authorize the refunding or not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

(3) The City Manager may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done.

The City Manager shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.

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Section 305(g). Reinspection.

A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.

This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed when the permit card is not properly posted on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

To obtain a reinspection, the applicant shall pay the reinspection fee in the amount set forth in the applicable fee schedule resolution adopted by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

10-1-605 Mechanical code fees.

Sections 304 and 305(f) of the Uniform Mechanical Code, are hereby amended to read as follows:

Section 304. FEES.

(a) GENERAL. Fees shall be assessed in accordance with the provisions of this Section.

(b) PERMIT FEES. The fee for each permit, in the amount set forth in the applicable fee schedule resolution adopted by the City Council, shall be paid to the City.

(c) PLAN REVIEW FEES. When a plan or other data are required to be submitted by subsection (b) of § 302, a plan review fee shall be paid at the time plans and specifications are submitted for review. Said plan review fee shall be equal to twenty-five percent (25%) of the total permit fee as required in § 304(b). When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged based on the applicable fee schedule resolution adopted by the City Council.

(d) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Inspector. The City Manager may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application, the applicant shall resubmit plans and pay a new plan review fee.

(e) INVESTIGATION FEES: WORK WITHOUT A PERMIT.

(2) FEE. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to two (2) times the amount of the permit fee that would be required by this Code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Code nor from any penalty prescribed by law.

(f) FEE REFUNDS.

(1) The City Manager may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

(2) The City Manager may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

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Section 305(f). REINSPECTIONS.

A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections have not been made.

This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practicing of calling for inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be assessed, when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is required or for deviating from plans requiring the approval of the City Manager.

To obtain reinspection, the applicant shall pay a reinspection fee in the amount set forth in the applicable fee schedule resolution adopted by the City Council.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

10-1-610 Fees for permits and inspections – National Electric Code, Uniform Plumbing Code.

Every person, firm, corporation, or political subdivision, to whom any permit issued under the provisions of the National Electric Code or Uniform Plumbing Code, shall be charged and shall pay to the City of San Juan Bautista fees therefor and for inspection of work performed thereunder in accordance with, and in the amount as set forth in, the applicable fee schedule resolution of the City Council.

Legislative History: Ords. 79a (8/5/24), 80A (2/3/25), 90 (10/3/50), 118 (11/7/61), 123 (10/2/62), 137 (4/20/65), 146 (10/3/67), 168 (10/8/74), 118.1 (7/7/81), 118.2 (3/2/82), 118.3 (6/12/84), 215 (12/11/91), 2003-01 (6/2/03), 2003-04 (10/21/03), 2007-02 (1/16/07), 2007-06 (2/20/07), 2021-02 (8/17/21), 2023-03 (4/18/23).