§ 15.04

This title shall be known and may be cited as the "Building Ordinance of the City of Banning."

(Code 1965, § 6-01.01.)

15.04.020 - Authority.

This title is enacted pursuant to the authority granted to the city by California Government Code section 38660 and Health and Safety Code 15153.

(Code 1965, § 6-01.02.)

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.04.030 - Definitions—Construction Code controlling.

The most recent editions of the Construction Codes incorporated herein pursuant to Chapter 15.08 of this title shall provide the controlling definitions for this title.

(Code 1965, § 6-03.01.)

(Ord. No. 1555, § 2, 12-10-19)

The purpose of this article is to safeguard the life, health, property and public welfare of the citizens of the City of Banning by regulating the methods of construction, sanitation, design, quality of materials, use and

occupancy of all buildings and structures erected or to be erected, and all grading operations, within the jurisdiction of Banning.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Whenever this chapter refers to any person by use of the masculine gender it shall be deemed to refer also to the feminine gender for all purposes.

(Code 1965, § 6-03.02.)

A.

Any person who violates any provision of this title or the Construction Codes incorporated herein, including but not limited to failure to comply with any specifications or plans submitted with the building permit application, shall be guilty of a misdemeanor for each and every violation punishable by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for up to ninety days or by both fine and imprisonment, unless the penalty is otherwise provided by any section of this title. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue unabated.

B.

Any violation shall be corrected within five working days, and each day of violation shall be a separate offense.

C.

The application of these penalties shall not prevent enforced removal of the unlawful structure or condition.

(Code 1965, § 6-13.02.)

(Ord. No. 1555, § 3, 12-10-19)

15.04.060 - Issuance of citations by chief building official.

A.

The chief building official and his or her designees are authorized by the city council, pursuant to sections 832, 836.5 and 19d of the California Penal Code and subject to the provisions thereof, to arrest a person without a warrant whenever the chief building official has reasonable cause to believe that the person to be arrested has either violated a provision of this title or the California Health and Safety Code in the building official's presence or fails to correct a violation of said provisions and therefore has committed a violation which the chief building official has the discretionary duty to enforce.

B.

The chief building official and his or her designees are further authorized by the city council to issue a Notice to Appear and to release such person on his or her written promise to appear in court, pursuant to sections 853.5 and 853.6 of the California Penal Code. Under no circumstances may the building official take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before the magistrate or refuses to provide his or her written promise to appear in court, the chief building official shall either summon a Banning police officer, explain the situation, and request that the Banning police officer arrest the person and take the person into custody, or seek the assistance of the city attorney.

(Code 1965, § 6-13.03.)

15.04.070 - Enforcement.

A.

Authorization. The Police Department, Fire Department, Utilities Division, Building Official, and other persons designated by the City Manager are authorized to enforce the various provisions of this code under their respective authority or as is specifically assigned to them by the City Manager or City Council.

B.

Powers of Arrest. Officials and employees designated to enforce provisions of this code have authority to issue citations for violations of the provisions of this code. Police officers have full authority to arrest persons for violations of the provisions of this code pursuant to any applicable provision of the Penal Code.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Chapter 15.08 - CONSTRUCTION CODES[[2]]

Footnotes:

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Editor's note— Ord. No. 1586, § 2, adopted November 8, 2022, amended Ch. 15.08 in its entirety to read as herein set out. Former Ch. 15.08, §§ 15.08.010—15.08.030, pertained to similar subject matter, and derived from Ord. No. 1504, adopted Dec. 12, 2016; Ord. No. 1555, § 4, adopted Dec. 10, 2019.