Chapter 14.10 — GENERAL

The provisions of this Title 14 shall apply to all buildings, structures and building service equipment within the City and to all parts thereof except as specifically or by necessary implication provided otherwise in this Title.

The purpose of this Title is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating the design, construction, quality of materials, use and occupancy, location and maintenance of buildings, equipment, structures and grading within the City; the electrical, plumbing, heating, comfort cooling and certain other equipment specifically regulated herein; and the moving of buildings within, into, from and through the City.

A. The provisions of this Title shall apply to the construction, alteration, moving, demolition, repair and use of all buildings, equipment and structures within the City, except such as is exempted by law from regulation by the City.

B. Additions, alterations, repairs, moving and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures, except as otherwise provided in this Title.

C. Where in any specific case different Sections of this Title specify different materials, methods of construction or installation, or other requirements, those providing the greater safety to life or limb, property or public welfare shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

A. Fees authorized by this Title, or by a Code adopted by reference in this Title, shall be established by ordinance or resolution of the City in accordance with applicable law. The provisions of such resolution or ordinance shall govern in the event of an inconsistency between the resolution or ordinance and an adopted Code.

B. If a fee is authorized and established by a code adopted by this Title but the amount thereof has not been separately established by ordinance or resolution of the City Council, then the amount of the authorized fee set forth in the incorporated code shall be assessed and collected.

C. A permit paid for by check or warrant which is dishonored for any reason shall be automatically revoked.

Whenever in any of the Uniform California Codes adopted in this Title, or on or in any other location there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows, to wit:

A. "City" or any other similar reference to a political entity shall mean the incorporated territory of the City of Adelanto.

B. "Director of Building and Safety," "Electrical Safety Engineer," "Administrative Authority" or any other similar term which makes reference to the individual official, board, department or agency created by law to administer and enforce the provisions of the Codes adopted herein shall mean the Building Official and his or her Authorized Assistants.

C. "City Council" shall mean the City Council of the City.

One copy of each Uniform Code adopted by this Title shall be kept on file in the office of the City Clerk for reference use by the public.

The Building Official shall administer the provisions of this Title.

Permits required by this Title shall be issued only in accordance with the provisions hereof. Any permit issued contrary to the provisions of this Title shall be void and of no effect.

Remedies provided to the City for violations of this Title are cumulative with other remedies available to the City, whether set forth in this Title or elsewhere. The conviction and punishment of a person for violating any provision of this Title shall not relieve such person of the obligation to comply herewith in all respects.

Where work for which a permit is required by the Codes herein adopted is started or proceeded without first obtaining the required permit, a permit shall not be issued until all past due enforcement costs are paid. The enforcement costs are the actual costs, as specified in the City's Fee Schedule, or other applicable City enactment, and must be paid on demand. The Building Official may use any legal means available to collect enforcement fees. The payment of such enforcement fees shall not relieve any person from fully complying with the requirements of these Codes in the execution of the work nor from any other penalties prescribed herein. Any section in any of the Codes herein adopted which is in conflict with this Section is hereby repealed.

A. Interpretation. In interpreting and applying the provisions of this Title, said provisions shall be held to be the minimum requirements for the promotion of public health, safety and general welfare.

B. Penalties.

1. Any buildings or structures erected or maintained, or any use of property contrary to the provisions of this Title shall be and the

same is hereby declared to be unlawful and a public nuisance and the City Attorney may, upon request of the Building Official, immediately commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure, or use, and restrain and enjoin any person from erecting or maintaining such building or structure or using any property contrary to the provisions of this Section.

2. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder

shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

3. All other provisions of the Municipal Code notwithstanding, any person violating or causing or permitting the violation of any of

the provisions of this Title, or of any permit or exception granted hereunder, shall be guilty of an infraction or misdemeanor as hereinafter specified, and upon conviction thereof, shall be punished in accordance with the provisions of Chapter 1.20 of this Code.

Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty

herein provided shall not relieve a person from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the court may order that the guilty person reimburse the City for all of its costs for investigation, analysis and prosecution of the enforcement action against the guilty person. The court shall fix the amount of any such reimbursements upon submission of proof of such costs by the City.

4. A Notice of Pendency of Administrative Action or Proceeding may be filed in the County Recorder's Office at the time of

commencement of action or proceeding or at any time before final judgment or order. The County Clerk shall record and index the pendency of action in the name of each person specified in the action or proceedings. After all required work has been completed and approved, the Building Official shall cause to be recorded in the Office of the County Recorder a document terminating the above Notice.

5. In the event that any person, firm or corporation shall fail, neglect or refuse to demolish, remove, abate or correct a structure or

condition existing in violation of this Title upon his or her or its property after a civil court order or criminal conviction obtained pursuant to this Section, the City Manager may order the Building Official to demolish, remove, abate or correct the offending structure or condition. Pursuant to the procedures set forth in Chapter 1.22 of this Code, the City is entitled to recovery of all nuisance abatement costs incurred by the City under this Chapter.

[Ord. No. 568, Section 18, 5/10/17.]

All supplements to the California Building Code, the Uniform Administrative Code, the California Electrical Code, the California Plumbing Code, the Uniform Fire Code, the California Mechanical Code, the Uniform Solar Energy Code, the Uniform Code for the Abatement of Dangerous Buildings, and the Uniform Housing Code are hereby adopted and shall be applied to all development within the jurisdiction of the City except that provisions which are inconsistent with this Title, or as to which the underlying provisions have been deleted by this Title, shall not be enforced or applied.