Big Bear Lake Municipal Code Ch. 15.32 General Provisions for California Code of Regulations

Footnotes:

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Editor's note— Ord. No. 2019-475, § 4, adopted October 28, 2019, repealed the former chapter 15.32, §§ 15.32.010—15.32.110, and enacted a new chapter 15.32 as set out herein. The former chapter 15.32 pertained to California Code of Regulations and derived from Ord. 82-72 § 1(part), 1982; Ord. 92-219 §§ 2—5, 1992; Ord. 95-264 § 1(part), 1995; Ord. No. 2016-453, § 4, 10-24-2016.

The requirements of this chapter are general in nature and apply to all the provisions in this Division I.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

Whenever in any of the codes adopted in this division there appears a reference to the following names or terms, those names or terms shall be deemed and construed as follows:

A. "City of" or any other similar reference to a political entity means the city of Big Bear Lake, California.

B. "City Council" means the City Council of the City of Big Bear Lake, California.

C. "Building Official," "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 in this division means the "director of building and safety and his authorized assistants."

D. "Codes" means the California Code of Regulations as adopted by the City of Big Bear Lake per Section 15.04.010.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

Any and all references to fees in any of the codes adopted in this division are deleted and referenced to fees which shall be established by the city council by resolution or ordinance from time to time.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

A. Where any person, firm or corporation in the course of normal maintenance procedures proposes to install, alter or repair any electrical wiring, devices, appliances, plumbing, drainage systems, septic tanks, seepage pits, leaching lines, heating, ventilating, refrigeration or water conservation equipment in an existing facility located on property under the direct control of such person, firm or corporation and is able to, and does in fact, furnish inspection service which meets the requirements and rules and regulations of this Code, and whose operations are under the continuous supervision of a professional engineer or engineers, duly registered with and licensed by the state of California, such person, firm or corporation shall not be required to obtain approval at each consecutive inspection step of the installation, alteration or repair but shall be required only to obtain an annual permit or annual permits and assure that the work in progress is accessible to the director of building and safety for such periodic inspections as he may deem necessary.

B. The designated responsible supervising engineer shall file with the building and safety department a written report specifying the work done under the issued annual permit. Such written report shall be filed with the department of building and safety within thirty (30) days following the end of the fiscal year for which the permit was issued.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

It shall be the duty of the building official to enforce the provisions of the codes and to determine the intent and meaning thereof. Any determination or decision, made by the building official which is in dispute is subject to review and final decision by the board of appeals as established by Section 1.8.8 and Appendix B of the California Building Code as adopted in this Code per Section 15.04.010. The board of appeals shall have no authority relative to interpretation of the administrative provisions of the codes nor shall the board be empowered to waive requirements of the codes.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

A. Subdivision maps shall not be given a final approval until a preliminary soil report, prepared by a civil engineer, registered by the state of California, has been filed with and approved by the director of building and safety.

B. The preliminary soil report shall indicate the presence, if any, of expansive soils or any other soil problem which, if not corrected, would lead to structural defects. If defective soil conditions are indicated, the preliminary report shall include recommendations for corrective measures intended to prevent structural damage to buildings erected on the site. Acceptance and approval of these recommendations shall not preclude the consideration and approval of alternate methods of correction which may be submitted by any other California registered civil engineer when accompanying a permit application for construction of a specific building or buildings.

C. The preliminary soil report shall be based upon test borings or excavations. The number of borings or excavations shall be adequate to determine fully the extent and degree of soil problems, if any, which exist in the proposed subdivision; provided, however, that not less than three such borings or excavations shall be required for each report. If critically defective soil conditions are disclosed by initial borings or excavations, additional borings or excavations shall be made at the probable building location on each lot or parcel within the subdivision. Appropriate notations shall be made upon the subdivision map so as to indicate the location and type of defective soil noted in the preliminary report.

D. The chief building official shall approve the preliminary soil report:

1. If no defective soils are present on the site; or

2. If the corrective measures recommended in the report would be likely to prevent structural damage to any buildings constructed on the site.

E. The preliminary soil report may be waived when the sole purpose of the subdivision map is to assemble small lots or parcels into larger lots or parcels or to define, adjust or correct property lines of existing subdivisions.

F. The issuance of a building permit for the construction of a building on a lot or parcel of land which has been found to have defective soils shall be conditioned to the incorporation of an approved corrective measure intended to prevent structural damage to the building.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

Water used as a coolant in any stationary equipment or machinery, or water utilized for heating or cooling in an industrial process, shall not be wasted but shall be recirculated and reused. Every evaporative cooler shall be equipped with a circulating pump.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

It is unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy or maintain any building, structure, equipment, or portion thereof in the city or cause the same to be done contrary to or in violation of any provision of this title or any provisions of the codes, rules or regulations adopted in this title. No person shall violate any of the provisions, or fail to comply with any of the requirements of this title. Where work for which a permit is required by the codes adopted in this division is started or proceeded with prior to obtaining the permit, the specified fees shall be doubled, but the payment of such penalty fee shall not relieve any persons from fully complying with the requirements of these codes in the execution of the work nor from any other penalties prescribed herein; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the director of building and safety that such work was urgently necessary and that it was not practical to obtain a permit therefor before commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. Any section in any of the codes adopted in this division which is in conflict to this section is hereby repealed.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

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

B. Penalties. Any building or structure erected or maintained, or any use of property contrary to the provisions of this division shall be and the same is declared to be unlawful and a public nuisance and the city attorney shall, upon order of the director of building and safety, 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 division. It shall be the right and duty of every citizen to participate and assist the city officials in the enforcement of the provisions of this division.

1. 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.

2. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this division, or of any permit or exception granted hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable for each such offense by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the city jail for a term not to exceed six months, or both such fine and imprisonment. No suspension of sentence or probation shall be granted to any such violator unless there is included in the terms thereof that the violator shall comply with the provisions which he has been convicted of violating and shall abate or correct the illegal condition, alteration, enlargement, conversion, movement or maintenance of any building established, constructed, operated or maintained contrary to the provisions of this Code.

3. Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of this division is committed, continued, permitted or maintained by such person, firm or corporation and shall be punishable therefor as herein provided.

4. A notice of pendency of administrative action or proceeding may be filed in the recorder's office at the time of commencement of action or proceeding or at any time before final judgment or order. The recorder shall record and index the pendency of action in the name of each person specified in the action or proceeding. After all required work has been completed and approved, the director of building and safety shall record in the office of the 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 division, upon his or its property after a civil court order or criminal conviction obtained pursuant to this section the city council may order the director of building and safety to demolish, remove, abate or correct the offending structure or condition. A statement of the cost of such work shall be transmitted to the city council who shall cause the same to be paid and levied as a special assessment against the property.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

The city council finds that these regulations and provisions and those of the codes adopted in this division are in compliance with Section 17922 of the Health and Safety Code of the state of California and that the modifications and changes herein made to the model codes herein adopted are necessary due to local conditions.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)

If any chapter, section, subsection, sentence, clause or phrase of this division is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this division nor its application to other persons or circumstances. The city council declares that it would have passed this division and each chapter, section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more section, subsection, clause, sentence and phrase be declared unconstitutional.

(Ord. No. 2019-475, § 4, 10-28-2019; Ord. No. 2022-508, § 4, 11-7-2022)