Chapter 8.01 — GENERAL

The provisions of the Title 8 shall apply to all buildings, structures and building service equipment within the City and to all parts thereof except as specifically or by implication otherwise provided in this Title. (Am. Ord. 76, passed 5-5-1999)

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.

(Am. Ord. 76, passed 5-5-1999)

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. 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.

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.

(Am. Ord. 76, passed 5-5-1999)

(a) Fees authorized by this Title or by a code adopted by reference in this Title, shall be established by resolution of the City in accordance with applicable law.

(b) A permit paid for by check or warrant which is dishonored for any reason shall be automatically revoked. (Am. Ord. 76, passed 5-5-1999)

Whenever in any of the Uniform 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 of” of any other similar reference to a political entity shall mean the incorporated territory of the City of Canyon Lake.

(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 of Canyon Lake.

(Am. Ord. 76, passed 5-5-1999)

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.

(Am. Ord. 76, passed 5-5-1999)

The Building Official shall administer the provisions of this Title.

(Am. Ord. 76, passed 5-5-1999)

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 force or effect. (Am. Ord. 76, passed 5-5-1999)

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.

(Am. Ord. 76, passed 5-5-1999)

(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. All respective codes are hereby amended by deleting the sections pertaining to violations and penalties and amending to read as follows:

“It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the City, or cause same to be done, contrary to or in violation of any of the provisions of this code.

Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any person, firm, or corporation shall be guilty of a separate offense for each and every day during which any violation of any provision of this Code is committed, continued or permitted. Any violation of this code is a nuisance which may be abated pursuant to the provisions of this Code.”

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.

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 Council may order the building Official 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. (Am. Ord. 76, passed 5-5-1999)

All respective Codes are hereby amended by deleting the sections pertaining to the appeals process and amending them to read as follows:

“In order to hear and decide appeals or orders and determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of these Codes, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Council Members and shall cease to be such members upon their ceasing to be such Council Members. The building Official shall be the Secretary of the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or findings, and may recommend to the City Council such new legislation, if any, as is consistent therewith.”

Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in the Mayor’s absence the Mayor Pro-Tempore shall preside. Meetings shall be conducted in accordance with the Brown Act.

The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the board, in its discretion, may deem reasonable necessary in order to assist it in its investigations and in making its findings and decisions. (Am. Ord. 76, passed 5-5-1999)